" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

109–233 

DEPARTMENT OF JUSTICE APPROPRIATIONS 

AUTHORIZATION ACT, FISCAL YEARS 2006 

THROUGH 2009 

R E P O R T 

OF THE

COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

TO ACCOMPANY

H.R. 3402 

SEPTEMBER 22, 2005.—Committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 


seneagle
DEPARTMENT OF JUSTICE APPROPRIATIONS AUTHORIZATION ACT, 

FISCAL YEARS 2006 THROUGH 2009 

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

1 

23–571 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

2005

109–233 

DEPARTMENT OF JUSTICE APPROPRIATIONS 

AUTHORIZATION ACT, FISCAL YEARS 2006 

THROUGH 2009 

R E P O R T 

OF THE

COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

TO ACCOMPANY

H.R. 3402 

SEPTEMBER 22, 2005.—Committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 


seneagle
109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–233 

DEPARTMENT OF JUSTICE APPROPRIATIONS 

AUTHORIZATION ACT, FISCAL YEARS 2006 THROUGH 2009 

SEPTEMBER 22, 2005.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 3402] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 3402) to authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, and for other purposes, 

having considered the same, reports favorably thereon with an 

amendment and recommends that the bill as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 1 

Purpose and Summary ............................................................................................ 86 

Background and Need for the Legislation ............................................................. 87 

Hearings ................................................................................................................... 93 

Committee Consideration ........................................................................................ 93 

Vote of the Committee ............................................................................................. 93 

Committee Oversight Findings ............................................................................... 93 

New Budget Authority and Tax Expenditures ...................................................... 93 

Congressional Budget Office Cost Estimate .......................................................... 93 

Performance Goals and Objectives ......................................................................... 96 

Constitutional Authority Statement ...................................................................... 97 

Section-by-Section Analysis and Discussion .......................................................... 97 

Changes in Existing Law Made by the Bill, as Reported ..................................... 125 

Markup Transcript .................................................................................................. 284 

THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

2 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

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

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

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

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

Sec. 105. Organized retail theft. 

TITLE II—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT PROGRAMS 

Subtitle A—Assisting Law Enforcement and Criminal Justice Agencies 

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

Sec. 202. Clarification of number of recipients who may be selected in a given year to receive Public Safety 

Officer Medal of Valor. 

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

Federal law enforcement assistance. 

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

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

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

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

Sec. 211. Office of Weed and Seed Strategies. 

Subtitle C—Assisting Victims of Crime 

Sec. 221. Grants to local nonprofit organizations to improve outreach services to victims of crime. 

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

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

Sec. 224. Clarification of authorities relating to Violence Against Women formula and discretionary grant programs. Sec. 225. Change of certain reports from annual to biennial. 

Subtitle D—Preventing Crime 

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

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

Sec. 233. Eligibility for grants under drug court grants program extended to courts that supervise non-offenders 

with substance abuse problems. 

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

Subtitle E—Other Matters 

Sec. 241. Changes to certain financial authorities. 

Sec. 242. Coordination duties of Assistant Attorney General. 

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

Sec. 244. Repeal of certain programs. 

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

Sec. 246. Amended definitions for purposes of Omnibus Crime Control and Safe Streets Act of 1968. 

Sec. 247. Clarification of authority to pay subsistence payments to prisoners for health care items and services. 

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

Sec. 249. Community Capacity Development Office. 

Sec. 250. Office of Applied Law Enforcement Technology. 

Sec. 251. Availability of funds for grants. 

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

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

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

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

Sec. 256. Reauthorization of juvenile accountability block grants. 

Sec. 257. Sex offender management. 

Sec. 258. Evidence-based approaches. 

TITLE III—MISCELLANEOUS PROVISIONS 

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

Sec. 302. Miscellaneous technical amendments. 

Sec. 303. Use of Federal training facilities. 

Sec. 304. Privacy officer. 

Sec. 305. Bankruptcy crimes. 

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

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

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

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

Sec. 310. Technical corrections relating to steroids. 

Sec. 311. Prison Rape Commission extension. 

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

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

Sec. 314. SEARCH grants. 

Sec. 315. Reauthorization of Law Enforcement Tribute Act. 

Sec. 316. Amendment regarding bullying and gangs. 

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

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

Sec. 319. National training center. 

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

Sec. 321. Police badges. 

Sec. 322. Officially approved postage. 

3 

TITLE IV—VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005 

Sec. 401. Short title. 

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

TITLE V—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE 

Sec. 501. STOP grants improvements. 

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

Sec. 503. Legal assistance for victims improvements. 

Sec. 504. Court training and improvements. 

Sec. 505. Full faith and credit improvements. 

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

Sec. 507. Stalker database. 

Sec. 508. Victim assistants for District of Columbia. 

Sec. 509. Preventing cyberstalking. 

Sec. 510. Repeat offender provision. 

Sec. 511. Prohibiting dating violence. 

Sec. 512. GAO study and report. 

TITLE VI—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL ASSAULT, AND STALKING 

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

Sec. 602. Sexual assault services program. 

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

Sec. 604. Assistance for victims of abuse. 

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

Sec. 606. Grants for outreach to underserved populations. 

TITLE VII—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE 

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

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

Sec. 703. Safe havens. 

Sec. 704. Grants to combat domestic violence, dating violence, sexual assault, and stalking in middle and high 

schools. 

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING VIOLENCE IN THE HOME 

Sec. 801. Preventing violence in the home. 

TITLE IX—PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE 

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

Subtitle A—Victims of Crime 

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

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

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

Subtitle B—VAWA Petitioners 

Sec. 911. Definition of VAWA petitioner. 

Sec. 912. Self-petitioning for children. 

Sec. 913. Self-petitioning parents. 

Sec. 914. Promoting consistency in VAWA adjudications. 

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

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

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

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

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

to depart voluntarily. 

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

Sec. 921. Prohibition of adverse determinations of admissibility or deportability based on protected information. 

Sec. 922. Information for K nonimmigrants about legal rights and resources for immigrant victims of domestic 

violence. 

Sec. 923. Authorization of appropriations. 

Subtitle C—Miscellaneous Provisions 

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

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

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

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

Sec. 935. Cancellation of removal. 

Sec. 936. Motions to reopen. 

Sec. 937. Removal proceedings. 

Sec. 938. Conforming relief in suspension of deportation parallel to the relief available in VAWA–2000 cancellation for bigamy. 

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

Sec. 940. Technical corrections. 

TITLE X—SAFETY ON TRIBAL LANDS 

Sec. 1001. Purposes. 

Sec. 1002. Consultation. 

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

Sec. 1004. Tracking of violence on tribal lands. 

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

Sec. 1006. GAO report to Congress on status of prosecution of sexual assault and domestic violence on tribal 

lands. 

4 

TITLE I—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 101. 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 pardon and 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. 

(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 EXPLOSIVES.—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. 

5 

(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. 102. 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. 

(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and 

Appeals: $224,937,000 for administration of pardon and 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. 

(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. 

6 

(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. 103. 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 pardon and 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. 

(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. 

7 

(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. 

SEC. 104. 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; and 

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

(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 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. 

8 

(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. 105. ORGANIZED RETAIL THEFT. 

(a) NATIONAL DATA.—(1) The Attorney General and the Federal Bureau of Investigation 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 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). 

TITLE II—IMPROVING THE DEPARTMENT OF 

JUSTICE’S GRANT PROGRAMS 

Subtitle A—Assisting Law Enforcement and 

Criminal Justice Agencies 

SEC. 201. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK 

GRANT PROGRAM. 

(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: 

9 

‘‘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.—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).’’; 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 such funds to provide such matters 

essential to the maintenance of public safety and good order—

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

‘‘(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. 

10 

‘‘(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 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. 

11 

‘‘(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)— ‘‘(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 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 

12 

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 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 GOVERNMENT.—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. 

‘‘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. 

‘‘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 amount) as required by paragraph 

13 

(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 

(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’’; 

(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)—

14 

(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. 

SEC. 202. 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. 203. 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. 204. 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, and local law enforcement 

agencies;’’; and 

(3) by striking ‘‘(5)’’ at the end of paragraph (4). 

SEC. 205. 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 Criminal History 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: 

‘‘(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’’. 

15 

SEC. 206. 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’’. 

Subtitle B—Building Community Capacity to 

Prevent, Reduce, and Control Crime 

SEC. 211. 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 drug-related 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—

‘‘(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)—

16 

‘‘(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 Weed-and-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—

‘‘(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—

‘‘(A) shall use not less than 40 percent of the grant amounts for Seeding 

activities under subsection (a)(2); and 

‘‘(B) 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 be available for programs or services provided in the community.’’. 

17 

(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. 

Subtitle C—Assisting Victims of Crime 

SEC. 221. 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)’’; 

(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. 222. 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—

‘‘(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. 223. 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’’. 

18 

(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. 224. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS. 

(a) CLARIFICATION OF SPECIFIC PURPOSES.—Section 2001(b) of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended in the 

matter preceding paragraph (1) by inserting after ‘‘violent crimes against women’’

the following: ‘‘to develop and strengthen victim services in cases involving violent 

crimes against women’’. 

(b) 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 (a), by striking ‘‘to States’’ and all that follows through 

‘‘tribal governments’’; 

(2) in subsection (c)(3)(A), by striking ‘‘police’’ and inserting ‘‘law enforcement’’; and 

(3) 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’’. 

(c) 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. 225. 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 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 even-numbered fiscal year, 

the Attorney General shall submit to the Congress a biennial report that provides’’. 

(b) SAFE HAVENS FOR CHILDREN.—Section 1301(d)(1) 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 the enactment 

of this Act, and not later than 180 days after the last day of each fiscal year thereafter,’’ and inserting ‘‘Not later than one month after the end of each even-numbered 

fiscal year,’’. 

Subtitle D—Preventing Crime 

SEC. 231. 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. 232. 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). 

(b) TECHNICAL ASSISTANCE AND TRAINING.—Such section is further amended by 

adding at the end the following new subsection: 

‘‘(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.’’. 

SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM EXTENDED TO 

COURTS THAT SUPERVISE NON-OFFENDERS 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’’. 

19 

SEC. 234. 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 ‘jail-based substance abuse treatment program’ means a course of individual and group activities, lasting for a period 

of not less than 3 months, in an area of a correctional facility set apart from the 

general population of the correctional facility, if those activities are—

‘‘(1) directed at the substance abuse problems of the prisoners; and 

‘‘(2) intended to develop the cognitive, behavioral, and other skills of prisoners in order to address the substance abuse and related problems of prisoners.’’. 

Subtitle E—Other Matters 

SEC. 241. 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) FUNDS AVAILABLE FOR ATFE MAY BE USED FOR AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIREARMS COMPETITIONS, AND ANY AUTHORIZED ACTIVITY.—Section 

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

‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.—Funds 

available to the Attorney General for the Bureau of Alcohol, Tobacco, Firearms, 

and Explosives may be used for the conduct of all its authorized activities.’’. 

(d) AUDITS AND REPORTS ON ATFE UNDERCOVER INVESTIGATIVE OPERATIONS.—

Section 102(b) of the Department of Justice and Related Agencies Appropriations 

Act, 1993 (28 U.S.C. 533 note), as in effect pursuant to section 815(d) of the 

Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 533 note) 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. 

SEC. 242. 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. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEX-OFFENDER 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’’. 

20 

SEC. 244. REPEAL OF CERTAIN PROGRAMS. 

(a) SAFE STREETS ACT PROGRAMS.—The following provisions of title I of the Omnibus Crime Control and Safe Streets Act of 1968 are repealed: 

(1) CRIMINAL JUSTICE FACILITY CONSTRUCTION PILOT PROGRAM.—Part F (42 

U.S.C. 3769–3769d). 

(2) MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.—Part AA (42 U.S.C. 

3797a–3797e). 

(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. 245. 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’’. 

(3) REPEAL OF APPELLATE COURT REVIEW.—Section 804 (42 U.S.C. 3785) of 

such part is repealed. 

SEC. 246. 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 ORGANIZATIONS.—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. 247. 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’’; 

21 

(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. 248. 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.— ‘‘(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 performance audits 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) PERFORMANCE AUDITS REQUIRED.— ‘‘(1) IN GENERAL.—The Director shall select grants awarded under the programs covered by subsection (b) and carry out performance audits 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 PERFORMANCE AUDITS.—The performance audit 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 performance 

audit 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). 

22 

‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 percent of all funding made available for a fiscal year for the programs covered by subsection (b) shall be reserved 

for the activities of the Office of Audit, Assessment, and Management as 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. 249. 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. ‘‘(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 5 percent of all funding made available for a fiscal year for the programs covered by section 105(b) shall be reserved 

for the activities of the Community Capacity Development Office as 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. 250. 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. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY. 

‘‘(a) ESTABLISHMENT.—There is established within the Office an Office of Applied Law Enforcement Technology, headed by a Director appointed by the Attorney 

23 

General. The purpose of the Office 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 Office, the Director 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.’’. 

(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. 251. 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. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF JUSTICE 

PROGRAMS. 

(a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND PROCUREMENT ACTIVI- TIES.—The Assistant Attorney General of the Office of Justice Programs 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 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 

(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 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—

24 

(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, 2005, 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. 253. 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; 

‘‘(3) procure equipment, technology, or support systems, or pay overtime, to 

increase the number of officers deployed in community-oriented policing; 

‘‘(4) improve security at schools and on school grounds in the jurisdiction 

of the grantee through—

‘‘(A) placement and use of metal detectors, locks, lighting, and other deterrent measures; 

‘‘(B) security assessments; 

‘‘(C) security training of personnel and students; 

‘‘(D) coordination with local law enforcement; and 

‘‘(E) any other measure that, in the determination of the Attorney General, may provide a significant improvement in security; 

‘‘(5) 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; 

(5) in subsection (c) (as so redesignated) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (g)’’; and 

(6) by adding at the end the following new subsection: 

‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY GRANTS.—Notwithstanding subsection (i), in the case of a grant under subsection (a) for the purposes described 

in subsection (b)(4)—

‘‘(1) the portion of the costs of a program provided by that grant may not 

exceed 50 percent; 

‘‘(2) any funds appropriated by Congress for the activities of any agency of 

an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection; and 

‘‘(3) the Attorney General may provide, in the guidelines implementing this 

section, for the requirement of paragraph (1) to be waived or altered in the case 

of a recipient with a financial need for such a waiver or alteration.’’. 

25 

(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. 254. 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. 

(b) CLARIFICATION OF LIMITATION ON PAYMENTS IN NON-CIVILIAN 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: 

‘‘(m) In any case in which the Bureau paid, before the date of the enactment 

of Public Law 107–196, any benefit under this part to an individual who—

‘‘(1) before the enactment of that law was entitled to receive that benefit; 

and 

‘‘(2) by reason of the retroactive effective date of that law is no longer entitled to receive that benefit, 

the Bureau may suspend or end activities to collect that benefit if the Bureau determines that collecting that benefit is impractical or would cause undue hardship to 

that individual.’’. 

(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, provided that such individual 

survived such officer; or’’. 

SEC. 255. 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. 256. 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’’. 

26 

SEC. 257. 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.’’. 

SEC. 258. 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’’. 

TITLE III—MISCELLANEOUS PROVISIONS 

SEC. 301. 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’’. 

(d) CAPITALIZATION CORRECTION.—Subsections (a) and (b) of section 2703 of title 

18, United States Code, are each amended by striking ‘‘CONTENTS OF WIRE OR ELECTRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR ELECTRONIC’’. 

SEC. 302. 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. 

SEC. 303. USE OF FEDERAL TRAINING FACILITIES. 

(a) FEDERAL TRAINING FACILITIES.—Unless specifically authorized in writing by 

the Attorney General, the Department of Justice (and each entity within it) shall 

use for any predominately 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. 304. 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—

(1) assuring that the use of technologies sustain, and do not erode, privacy 

protections relating to the use, collection, and disclosure of personally identifiable information; 

(2) assuring that personally identifiable information contained in systems 

of records is handled in full compliance with fair information practices as set 

out in section 552a of title 5, United States Code; 

27 

(3) evaluating legislative and regulatory proposals involving collection, use, 

and disclosure of personally identifiable information by the Federal Government; 

(4) conducting a privacy impact assessment of proposed rules of the Department on the privacy of personally identifiable information, including the type 

of personally identifiable information collected and the number of people affected; 

(5) preparing a report to Congress on an annual basis on activities of the 

Department that affect privacy, including complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, 

and other relevant matters; 

(6) ensuring that the Department protects personally identifiable information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide—

(A) integrity, which means guarding against improper information 

modification or destruction, and includes ensuring information nonrepudiation and authenticity; 

(B) confidentially, which means preserving authorized restrictions on 

access and disclosure, including means for protecting personal privacy and 

proprietary information; 

(C) availability, which means ensuring timely and reliable access to 

and use of that information; and 

(D) authentication, which means utilizing digital credentials to assure 

the identity of users and validate their access; and 

(7) advising the Attorney General and the Director of the Office of Management and Budget on information security and privacy issues pertaining to Federal Government information systems. 

(c) REVIEW.—The Department of Justice shall review its policies to assure that 

the Department treats personally identifiable information in its databases in a manner that complies with applicable Federal law on privacy. 

SEC. 305. 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. 306. 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. 307. 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 the custody of the Attorney General or 

the Bureau of Prisons or any institution or facility in which the person is confined 

by direction of 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’’. 

28 

(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). 

SEC. 308. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL FACILITIES. 

Section 1791(a) of title 18, United States Code, is amended in each of paragraphs (1) and (2) by inserting ‘‘or an individual in the custody of the Attorney General or the Bureau of Prisons or any institution or facility in which the person is 

confined by direction of the Attorney General’’ after ‘‘an inmate of a prison’’. 

SEC. 309. 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. 310. 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. 311. 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. 312. 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’’. 

SEC. 313. 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; and 

(3) $10,000,000 for fiscal year 2008. 

SEC. 314. 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 $2,000,000 for each of fiscal 

years 2006 through 2009. 

29 

SEC. 315. 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. 316. 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 reseach-based 

bullying and gang prevention programs;’’. 

SEC. 317. 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— (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 ................................................................ 599A’’. 

SEC. 318. 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. 319. 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. 

30 

(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. 320. 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 non-violent criminals in the Federal prison system. 

SEC. 321. POLICE BADGES. 

Section 716 of title 18, United States Code, is amended—

(1) in subsection (b), by inserting ‘‘is a genuine police badge and’’ after ‘‘that 

the badge’’; and 

(2) by adding at the end the following: 

‘‘(d) It is a defense to a prosecution under this section that the badge is a counterfeit police badge 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.’’. 

SEC. 322. 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 to evidence of postage payment approved by the United States Postal Service.’’. 

TITLE IV—VIOLENCE AGAINST WOMEN 

REAUTHORIZATION ACT OF 2005 

SEC. 401. SHORT TITLE. 

Titles IV through X of this Act may be cited as the ‘‘Violence Against Women 

Reauthorization Act of 2005’’. 

SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PROGRAMS RELATING TO VIOLENCE 

AGAINST WOMEN. 

Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is amended 

by inserting before section 2001 (42 U.S.C. 3796gg) the following new sections: 

‘‘SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE AGAINST WOMEN 

ARE GENDER-NEUTRAL. 

‘‘In this part, and in any other Act of Congress, unless the context unequivocally 

requires otherwise, a provision authorizing or requiring the Department of Justice 

to make grants, or to carry out other activities, for assistance to victims of domestic 

violence, dating violence, stalking, sexual assault, or trafficking in persons, shall be 

construed to cover grants that provide assistance to female victims, male victims, 

or both. 

‘‘SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED OUT BY VIOLENCE 

AGAINST WOMEN OFFICE. 

‘‘(a) IN GENERAL.—In this part, and in any violence against women provision, 

unless the context unequivocally requires otherwise, the following definitions apply: 

‘‘(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 MALTREATMENT.—The term ‘child maltreatment’ means the physical or psychological abuse or neglect of a child or youth, including sexual assault and abuse. 

‘‘(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 

31 

‘‘(D) obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking 

through collaboration. 

‘‘(4) 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 ‘‘(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. 

‘‘(5) 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, youth, or minor victim who is protected from that person’s 

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

grant monies. 

‘‘(6) DATING PARTNER.—The term ‘dating partner’ refers to a person who is 

or has been in an ongoing social relationship of a romantic or intimate nature 

with the abuser, and existence of such a relationship 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. 

‘‘(7) DATING VIOLENCE.—The term ‘dating violence’ means violence committed by a person—

‘‘(A) who is or has been in an ongoing 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. 

‘‘(8) ELDER ABUSE.—The term ‘elder abuse’ means any action against a person who is 60 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 

that are necessary to avoid physical harm, mental anguish, or mental illness. 

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

‘‘(10) INDIAN HOUSING.—The term ‘Indian housing’ means housing assistance described in the Native American Assistance and Self-Determination Act 

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

‘‘(11) 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 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. 

‘‘(12) INDIAN LAW ENFORCEMENT.—The term ‘Indian law enforcement’ means 

the departments or individuals under the direction of the Indian tribe that 

maintain public order. 

‘‘(13) 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). 

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

32 

‘‘(A) includes assistance to adult, youth, and minor victims of domestic 

violence, dating violence, sexual assault, and stalking in— ‘‘(i) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus administrative or protection or 

stay away order proceedings, and other similar matters; and ‘‘(ii) criminal justice investigations, prosecutions and post-trial matters (including sentencing, parole, and probation) that impact the victim’s safety and privacy, subject to subparagraph (B); and ‘‘(B) does not include representation of a defendant in a criminal or juvenile proceeding. 

‘‘(15) 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 racial and ethnic populations and other underserved communities. ‘‘(16) 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. 

‘‘(17) 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). 

‘‘(18) 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 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. 

‘‘(19) RURAL AREA AND RURAL COMMUNITY.—The terms ‘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. 

‘‘(20) 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. 

‘‘(21) 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. 

‘‘(22) STALKING.—The term ‘stalking’ means engaging in a course of conduct 

directed at a specific person that would cause a reasonable person to—

33 

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

‘‘(B) suffer substantial emotional distress. 

‘‘(23) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and except as otherwise 

provided, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. 

‘‘(24) 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)). 

‘‘(25) 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.). 

‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION.—The 

term ‘territorial domestic violence or sexual assault coalition’ means a program 

addressing domestic 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. 

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

‘‘(A) an established nonprofit, nongovernmental tribal coalition addressing domestic violence and sexual assault against American Indian and 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 and Alaskan Native women. 

‘‘(28) 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. 

‘‘(29) 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. 

‘‘(30) 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. 

‘‘(31) 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. 

‘‘(32) 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, or dating violence under the auspices 

or supervision of a court or a law enforcement or prosecution agency. 

‘‘(33) 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, faith-based organizations, and other organizations, with a documented history of effective 

work, or a demonstrated capacity to work effectively in collaboration with an 

organization with a documented history of effective work, concerning domestic 

violence, dating violence, sexual assault, or stalking. 

‘‘(34) YOUTH.—The term ‘youth’ means teen and young adult victims of domestic violence, dating violence, sexual assault, or stalking. 

34 

‘‘(b) VIOLENCE AGAINST WOMEN PROVISION.—In this section, the term ‘violence 

against women provision’ means any provision required by law to be carried out by 

or through the Violence Against Women Office. 

‘‘SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM CARRIED OUT BY VIOLENCE AGAINST WOMEN OFFICE. 

‘‘(a) IN GENERAL.—In carrying out grants under this part, and in carrying out 

grants under any other violence against women grant program, the Director of the 

Violence Against Women Office shall ensure each of the following: 

‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—

‘‘(A) IN GENERAL.—In order to ensure the safety of adult, youth, and 

minor victims of domestic violence, dating violence, sexual assault, or stalking, and their families, each grantee and subgrantee shall reasonably protect the confidentiality and privacy of persons receiving services. 

‘‘(B) NONDISCLOSURE.—Subject to subparagraph (C), 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. 

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

is compelled by statutory or court mandate or is requested by a Member 

of Congress—

‘‘(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 with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements; and 

‘‘(ii) court-generated information and law-enforcement generated 

information contained in secure, governmental registries for investigation, prosecution, and enforcement purposes. 

‘‘(2) APPROVED ACTIVITIES.—In carrying out activities under the grant program, 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. 

‘‘(3) NON-SUPPLANTATION.—Any Federal funds received under the grant program shall be used to supplement, not supplant, non-Federal funds that would 

otherwise be available for the activities carried out under the grant. 

‘‘(4) USE OF FUNDS.—Funds authorized and appropriated under the grant 

program may be used only for the specific purposes described in the grant program and shall remain available until expended. 

‘‘(5) EVALUATION.—Grantees must collect data for use to evaluate the effectiveness of the program (or for use to carry out related research), pursuant to 

the requirements described in paragraph (1)(D). 

‘‘(6) 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. 

‘‘(7) PROHIBITION ON TORT LITIGATION.—Funds appropriated for the grant 

program may not be used to fund civil representation in a lawsuit based on a 

tort claim. This paragraph shall not be construed as a prohibition on providing 

assistance to obtain restitution in a protection order or criminal case. 

‘‘(b) VIOLENCE AGAINST WOMEN GRANT PROGRAM.—In this section, the term ‘violence against women grant program’ means any grant program required by law to 

be carried out by or through the Violence Against Women Office.’’. 

35 

TITLE V—ENHANCING JUDICIAL AND LAW 

ENFORCEMENT TOOLS TO COMBAT VIOLENCE 

SEC. 501. STOP GRANTS IMPROVEMENTS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18) of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(8)) is amended by 

striking ‘‘$185,000,000 for each of fiscal years 2001 through 2005’’ and inserting 

‘‘$215,000,000 for each of fiscal years 2006 through 2010’’. 

(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) by striking ‘‘, and specifically, for the purposes of—’’ and inserting ‘‘, including collaborating with and informing public officials and agencies in order 

to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking, and specifically only for the purposes 

of—’’; 

(2) in paragraph (5), by inserting after ‘‘protection orders are granted,’’ the 

following: ‘‘supporting nonprofit nongovernmental victim services programs and 

tribal organizations in working 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,’’; 

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

(4) 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; and 

‘‘(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; 

‘‘(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.’’. 

(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 racial and ethnic minorities 

and other 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 racial and ethnic and other underserved populations and ensure that monies set aside to 

fund services and activities for racial and ethnic and other 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), as amended by subsection (c), is further amended—

(1) in subsection (b)—

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

(B) in paragraph (2), by striking ‘‘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 ‘‘Guam, American Samoa, the United States Virgin Islands, and 

the Commonwealth of the Northern Mariana Islands, each receiving an 

amount equal to 1⁄56’’; 

(D) in paragraph (4), by striking ‘‘1⁄54’’ and inserting ‘‘1⁄56’’; 

36 

(E) in paragraph (5), by striking ‘‘and’’ after the semicolon; 

(F) in paragraph (6), by striking the period and inserting ‘‘; and’’; and 

(G) by adding at the end: 

‘‘(7) such funds shall remain available until expended.’’; 

(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 organizations’’; and 

(3) in subsection (d)—

(A) in paragraph (2), by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (3), by striking the period and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(4) a memorandum of understanding showing that tribal, territorial, State, 

or local prosecution, law enforcement, and court and victim service provider 

subgrantees have consulted with tribal, territorial, State, or local victim services 

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), as 

amended by this section, is further 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, 

technical assistance, and data collection relating to the purpose areas of this 

part to improve the capacity of grantees, subgrantees, and other entities to offer 

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

and dating violence. 

‘‘(2) INDIAN TRAINING.—The Director of the Violence Against Women Office 

shall ensure that training, technical assistance, and data collection regarding 

violence against Indian women will be developed and provided by entities having expertise in tribal law and culture. 

‘‘(j) LIMITS ON INTERNET PUBLICATION OF REGISTRATION INFORMATION.—As a 

condition of receiving grant amounts under this part, the recipient 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 law enforcement generated information contained in secure, governmental registries for protection order 

enforcement purposes.’’. 

(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 or Indian tribal 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 to require a victim of sexual assault to participate in the criminal justice 

system or cooperate with law enforcement in order to be provided with a forensic 

medical exam, reimbursement for charges incurred on account of such an exam, or 

both.’’. 

(g) POLYGRAPH TESTING PROHIBITION.—Part T 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 new section: 

‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

‘‘In order to be eligible for grants under this part, a State, Indian tribal government, or unit of local government must certify within three years of enactment of 

the Violence Against Women Reauthorization Act of 2005 that their laws, policies, 

or practices ensure that no law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or minor victim of a sex offense 

as defined under Federal, tribal, State, territorial or local law to submit to a polygraph examination or similar truth-telling device or method as a condition for proceeding with the investigation, charging or prosecution of such an offense. A victim’s 

37 

refusal to submit to the aforementioned shall not prevent the investigation, charging or prosecution of the pending case.’’. 

(h) NO MATCHING REQUIREMENT.—Part T of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is further amended by adding 

at the end the following new section: 

‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES. 

‘‘No matching funds shall be required for a grant or subgrant made under this 

part, if made—

‘‘(1) to a law enforcement agency having fewer than 20 officers; 

‘‘(2) to a victim service provider having an annual operating budget of less 

than $5,000,000; or 

‘‘(3) to any entity that the Attorney General determines has adequately 

demonstrated financial need.’’. 

SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS. 

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

‘‘$65,000,000 for each of fiscal years 2006 through 2010. 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)—

(A) in the matter before paragraph (1), by inserting after ‘‘State’’ the 

following: ‘‘, tribal, territorial,’’; 

(B) in paragraph (1), by striking ‘‘mandatory arrest or’’; 

(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. Such 

policies, educational programs, registries, and training 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 enhance and support the capacity of victims services programs to 

collaborate with and inform efforts by State and local jurisdictions and public 

officials and agencies to develop best practices and policies regarding arrest of 

domestic violence, dating violence, sexual assault, and stalking offenders and to 

strengthen protection order enforcement and to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking. 

‘‘(10) 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. 

‘‘(11) 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 

38 

to improve safety, access to services, and confidentiality for victims and families. ‘‘(12) To develop and implement policies and training for police, prosecutors, 

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.’’; 

(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 within three years of enactment of the Violence Against Women 

Reauthorization Act of 2005 that their laws, policies, or practices ensure that— ‘‘(A) no law enforcement officer, prosecuting officer or other government 

official shall ask or require an adult, youth, or minor 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, charging or prosecution 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, charging or prosecution of the offense.’’; and 

(4) by striking subsections (d) and (e) and inserting the following: ‘‘(d) 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 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, AND DATA COLLECTION.—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, TECHNICAL ASSISTANCE, AND DATA COLLECTION. 

‘‘Of the total amounts appropriated under this part, not less than 5 percent and 

up to 8 percent shall be available for providing training, technical assistance, and 

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

grantees, subgrantees, and other entities to offer services and assistance to victims 

of domestic violence and dating violence.’’. 

SEC. 503. 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, youth, and 

minor’’; and 

(C) striking ‘‘domestic violence, dating violence, stalking, or sexual assault’’ and inserting ‘‘domestic violence, dating violence, sexual assault, or 

stalking’’; 

(2) in subsection (c), by striking ‘‘private nonprofit entities, Indian tribal 

governments,’’ and inserting ‘‘nonprofit, nongovernmental organizations, Indian 

tribal governments and tribal organizations, territorial organizations,’’; 

(3) in each of paragraphs (1), (2), and (3) of subsection (c), by striking ‘‘victims of domestic violence, stalking, and sexual assault’’ and inserting ‘‘victims 

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

(4) in subsection (d)—

(A) in paragraph (1), by striking ‘‘domestic violence, dating violence, or 

sexual assault’’ and inserting ‘‘domestic violence, dating violence, sexual assault, or stalking’’; and 

(B) by striking paragraphs (2) and (3) 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; 

‘‘(3) any person or organization providing legal assistance through a program funded under subsection (c) has informed and will continue to inform tribal, State, territorial, or local domestic violence, dating violence, sexual assault 

39 

or stalking organizations and coalitions, as well as appropriate tribal, State, territorial, and local law enforcement officials of their work; and’’; and 

(5) 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 $55,000,000 for each of fiscal years 2006 through 2010. Funds appropriated under this section shall remain available until expended and may be 

used only for the specific programs and activities described in this section. 

Funds appropriated under this section may not be used for advocacy.’’; and 

(B) in paragraph (2)—

(i) in subparagraph (A), by—

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

(II) striking ‘‘programs’’ and inserting ‘‘tribal governments or 

tribal organizations’’; 

(III) inserting ‘‘adult, youth, and minor’’ after ‘‘that assist’’; and 

(IV) striking ‘‘domestic violence, dating violence, stalking, and 

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

sexual assault, and stalking’’; and 

(ii) in subparagraph (B), by striking ‘‘technical assistance to support projects focused solely or primarily on providing legal assistance 

to victims of sexual assault’’ and inserting ‘‘technical assistance in civil 

and crime victim matters to adult, youth, and minor victims of sexual 

assault’’. 

SEC. 504. COURT TRAINING AND IMPROVEMENTS. 

The Violence Against Women Act of 1994 is amended by adding after subtitle 

I (42 U.S.C. 14042) 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. GRANTS FOR COURT TRAINING AND IMPROVEMENTS. 

‘‘(a) PURPOSE.—The purpose of this section 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, youth, and minor domestic violence, dating violence, sexual assault, and stalking to be used for the following purposes—

‘‘(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, and local public agencies 

and officials and nonprofit, non-governmental organizations to improve implementation and enforcement of relevant Federal, State, tribal, territorial and 

local law; 

‘‘(4) to enable 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 and linguistically and culturally specific 

services, or a court system dedicated to the adjudication of domestic violence cases); 

‘‘(B) community-based initiatives within the court system (such as court 

watch programs, victim advocates, 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 (such as interpreters) to improve 

community access, including enhanced access for racial and ethnic communities and racial and ethnic and other underserved populations (as defined 

in section 2000B of the Omnibus Crime Control and Safe Streets Act of 

1968); and 

40 

‘‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; and 

‘‘(5) to provide training, technical assistance, and data collection to tribal, 

Federal, State, territorial or local courts wishing to improve their practices and 

procedures or to develop new programs. 

‘‘(6) to provide training for specialized service providers, such as interpreters. 

‘‘(b) GRANT REQUIREMENTS.—Grants awarded under this section shall be subject 

to the following conditions: 

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

‘‘(A) tribal, Federal, State, territorial or local courts or court-based programs, provided that the court’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; and 

‘‘(B) national, tribal, State, 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 FOR CERTAIN GRANTS.—

‘‘(A) COURT PROGRAMS.—To be eligible for a grant under subsection 

(a)(4), applicants shall certify in writing that any courts or court-based personnel working directly with or making decisions about adult, youth, or 

minor 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) EDUCATION PROGRAMS.—To be eligible for a grant under subsection 

(a)(2), applicants shall certify in writing that any education program developed under subsection (a)(2) 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. 

‘‘(c) EVALUATION.—

‘‘(1) IN GENERAL.—The Attorney General, through the Director of the Office 

on Violence Against Women, may evaluate the grants funded under this section. 

‘‘(2) TRIBAL GRANTEES.—Evaluation of tribal grantees under this section 

shall be conducted by entities with expertise in Federal Indian law and tribal 

court practice. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this 

section $4,000,000 for each of fiscal years 2006 to 2010. 

‘‘(2) SET ASIDE.—Of the amounts made available under this section in each 

fiscal year, not less than 10 percent shall be used for grants to tribes. 

‘‘SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA. 

‘‘(a) NATIONAL CURRICULA.—

‘‘(1) 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, territorial, or local law, promising practices, procedures, and policies regarding court responses to adult, youth, and minor domestic violence, dating violence, sexual assault, and stalking. 

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

‘‘(A) 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 

‘‘(B) if the primary grantee does not have demonstrated expertise such 

issues, the curricula shall be developed by the primary grantee in partnership with an organization having such expertise. 

‘‘(b) TRIBAL CURRICULA.—

‘‘(1) 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, youth, and minor domestic violence, dating violence, sexual assault, and 

stalking. 

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

‘‘(A) 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; and 

41 

‘‘(B) 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. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this 

section $1,000,000 for each of fiscal years 2006 to 2010. 

‘‘(2) 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 section. 

‘‘(3) SET ASIDE.—Of the amounts made available under this section in each 

fiscal year, not less than 10 percent shall be used for grants to tribes. 

‘‘SEC. 41004. ACCESS TO JUSTICE FOR TEENS. 

‘‘(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 youth victims of dating violence, domestic violence, sexual assault, and stalking 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 youth victims of domestic violence, dating violence, sexual assault, and 

stalking. 

‘‘(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 enable entities to jointly carry out cross training and other collaborative initiatives that seek to carry out the purposes of this 

section. Amounts appropriated under this section may only be used for programs and activities described under subsection (c). 

‘‘(2) GRANT PERIODS.—Grants shall be awarded under this section for a period of 3 fiscal years. 

‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a grant under this section, a 

grant applicant shall establish a collaboration that shall include—

‘‘(A) a Tribal, State, Territorial or local juvenile, family, civil, criminal 

or other trial court with jurisdiction over domestic violence, dating violence, 

sexual assault or stalking cases (hereinafter referred to as ‘‘courts’’); and 

‘‘(B) a victim service provider that has experience in working on domestic violence, dating violence, sexual assault, or stalking and the effect that 

those forms of abuse have on young people. 

‘‘(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 to—

‘‘(1) assess and analyze currently available services for youth victims of domestic violence, dating violence, sexual assault, and stalking, determine relevant barriers to such services in a particular locality; 

‘‘(2) establish and enhance linkages and collaboration between courts, domestic violence or sexual assault service providers, and, where applicable, law 

enforcement agencies, and other entities addressing the safety, health, mental 

health, social service, housing, and economic needs of youth victims of domestic 

violence, dating violence, sexual assault or stalking, including community-based 

supports such as schools, local health centers, community action groups, and 

neighborhood coalitions to identify, assess, and respond appropriately to the 

varying needs of youth victims of dating violence, domestic violence, sexual assault or stalking; 

‘‘(3) educate the staff of courts, domestic violence and sexual assault service 

providers, and, as applicable, the staff of law enforcement 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, and to understand relevant laws, court procedures and policies; and 

‘‘(4) provide appropriate resources in juvenile court matters to respond to 

dating violence, domestic violence, sexual assault and stalking and assure necessary services dealing with the health and mental health of youth 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. 

42 

‘‘(e) PRIORITY.—In awarding grants under this section, the Director shall give 

priority to entities that have submitted applications in partnership with law enforcement agencies and religious and 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 for grants to collaborations involving tribal courts, tribal 

coalitions, tribal organizations, or domestic violence or sexual assault service 

providers the primary purpose of which is to provide culturally relevant services 

to American Indian or Alaska Native women or youth; 

‘‘(2) the Attorney General 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 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 training, technical assistance, and data collection 

for programs funded under this section. 

‘‘(g) REPORTS.—

‘‘(1) REPORTS.—Each of the entities that are members of the applicant collaboration described in subsection (b)(3) and that receive a grant under this section shall jointly prepare and submit a report to the Attorney General every 18 

months detailing the activities that the entities have undertaken under the 

grant and such additional information as the Attorney General may require. 

Each such report shall contain information on—

‘‘(A) the activities implemented by the recipients of the grants awarded 

under this section; and 

‘‘(B) 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—

‘‘(i) the staffs of courts; 

‘‘(ii) domestic violence, dating violence, sexual assault, and stalking 

service providers; and 

‘‘(iii) law enforcement agencies and community organizations. 

‘‘(h) 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.’’. 

SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS. 

(a) ENFORCEMENT OF PROTECTION ORDERS ISSUED BY TERRITORIES.—Section 

2265 of title 18, United States Code, is amended—

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

‘‘State, Indian tribe, or territory’’; 

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

tribal, or territorial’’; and 

(3) in subsection (a) by striking ‘‘State or tribe’’ and inserting ‘‘State, Indian 

tribe, or territory’’. 

(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’’. 

(c) PROTECTION ORDERS.—Sections 2265 and 2266 of title 18, United States 

Code, are both amended by striking ‘‘protection order’’ each place it appears and inserting ‘‘protection order, restraining order, or injunction’’. 

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

striking paragraph (5) and inserting the following: 

‘‘(5) PROTECTION ORDER, RESTRAINING ORDER, OR INJUNCTION.—The term 

‘protection order, restraining order, or injunction’ includes—

‘‘(A) any injunction or 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 

43 

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.’’. 

SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL VIOLENCE, AND STALKING. 

The Violence Against Women Act of 1994, as amended by this Act, is further 

amended by adding after subtitle J (as added by section 504) the following: 

‘‘Subtitle K—Privacy Protections for Victims of 

Domestic Violence, Dating Violence, Sexual Violence, and Stalking 

‘‘SEC. 41101. TASK FORCE. 

‘‘The Attorney General shall establish a task force to review and report on policies, procedures, and technological issues that may affect the privacy and confidentiality of victims of domestic violence, dating violence, stalking and sexual assault. 

The Attorney General shall include representatives from States, tribes, territories, 

law enforcement, court personnel, and private nonprofit organizations whose mission is to help develop a best practices model to prevent personally identifying information of adult, youth, and minor victims of domestic violence, dating violence, 

stalking and sexual assault from being released to the detriment of such victimized 

persons. The Attorney General shall designate one staff member to work with the 

task force. The Attorney General is authorized to make grants to develop a demonstration project to implement the best practices identified by the Task Force. 

‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $1,000,000 for each of fiscal years 2006 through 2010. 

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

available until expended and may only be used for the specific programs and activities described in this subtitle.’’. 

SEC. 507. 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 ‘‘2006’’; and 

(2) by striking ‘‘2005’’ and inserting ‘‘2010’’. 

SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

Section 40114 of the Violence Against Women Act of 1994 is amended to read 

as follows: 

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

‘‘There are authorized to be appropriated to the Attorney General 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 2006 through 2010.’’. 

SEC. 509. PREVENTING CYBERSTALKING. 

Section 2261A of title 18, United States Code, is amended—

(1) in paragaph (1)—

(A) by inserting after ‘‘intimidate’’ the following: ‘‘, or places under surveillance with the intent to kill, injure, haras, or intimidate,’’; and 

(B) by inserting after ‘‘or serious bodily injury to,’’ the following: ‘‘or 

causes substantial emotional harm to,’’; 

(2) in paragraph (2)(A), by striking ‘‘to kill or injure’’ and inserting ‘‘to kill, 

injure, harass, or intimidate, or places under surveillance with the intent to kill, 

injure, harass, or intimidate, or to cause substantial emtional harm to,’’; and 

(3) in paragraph (2), in the matter following clause (iii) of subparagraph 

(B)—

(A) by inserting after ‘‘uses the mail’’ the following: ‘‘, any interactive 

computer service,’’; and 

44 

(B) by inserting after ‘‘course of conduct that’’ the following: ‘‘causes 

substantial emotional harm to that person or’’. 

SEC. 510. REPEAT OFFENDER PROVISION. 

Chapter 110A of title 18, United States Code, is amended by adding after section 2265 the following: 

‘‘§ 2265A. Repeat offender provision 

‘‘The maximum term of imprisonment for a violation of this chapter after a 

prior interstate domestic violence offense (as defined in section 2261) or interstate 

violation of protection order (as defined in section 2262) or interstate stalking (as 

defined in sections 2261A(a) and 2261A(b)) shall be twice the term otherwise provided for the violation.’’. 

SEC. 511. PROHIBITING DATING VIOLENCE. 

Section 2261(a) of title 18, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘or intimate partner’’ both places such term 

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

(2) in paragraph (2), by striking ‘‘or intimate partner’’ both places such term 

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

SEC. 512. 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 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. 

TITLE VI—IMPROVING SERVICES FOR VICTIMS 

OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST WOMEN ACT. 

Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

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

‘‘(e) USE OF FUNDS.—Funds appropriated for grants under this part may be 

used only for the specific programs and activities expressly described in this part.’’. 

SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM. 

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

3796gg et seq.) is amended by adding after section 2013 (as added by section 501 

of this Act) the following: 

‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM. 

‘‘(a) PURPOSE.—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 minor victims of sexual assault; 

‘‘(B) family and household members of such victims; and 

‘‘(C) those collaterally affected by the victimization except for the perpetrator of such victimization; and 

45 

‘‘(2) to provide training and technical assistance to, and to support data collection relating to sexual assault by—

‘‘(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, TERRITORIES AND TRIBAL ENTITIES.—

‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall award grants to 

States, territories and Indian tribes, tribal organizations, and non-profit tribal 

organizations within Indian country and Alaskan native villages for the establishment, maintenance and expansion of rape crisis centers or other programs 

and projects to assist those victimized by sexual assault. 

‘‘(2) SPECIAL EMPHASIS.—States, territories and tribal entities will give special emphasis to the support of community-based organizations with a demonstrated history of providing intervention and related assistance to victims of 

sexual assault. 

‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS ADDRESSING SEXUAL ASSAULT.—

‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall award grants to culturally specific community-based organization that—

‘‘(A) is a private, nonprofit organization that focuses primarily on racial 

and ethnic communities; 

‘‘(B) must have documented organizational experience in the area of 

sexual assault intervention or have entered into partnership with an organization having such expertise; 

‘‘(C) has expertise in the development of community-based, linguistically and culturally specific outreach and intervention services relevant 

for the specific racial and ethnic communities to whom assistance would be 

provided or have the capacity to link to existing services in the community 

tailored to the needs of racial and ethnic populations; and 

‘‘(D) has an advisory board or steering committee and staffing which is 

reflective of the targeted racial and ethnic community. 

‘‘(2) AWARD BASIS.—The Attorney General shall award grants under this 

subsection on a competitive basis for a period of no less than 3 fiscal years. 

‘‘(d) SERVICES AUTHORIZED.—For grants under subsection (b) and (c) the following services and activities may include—

‘‘(1) 24 hour hotline services providing crisis intervention services and referrals; 

‘‘(2) accompaniment and advocacy through medical, criminal justice, and social support systems, including medical facilities, police, and court proceedings; 

‘‘(3) 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; 

‘‘(4) support mechanisms that are culturally relevant to the community; 

‘‘(5) information and referral to assist the sexual assault victim and family 

or household members; 

‘‘(6) community-based, linguistically and culturally-specific services including outreach activities for racial and ethnic and other underserved populations 

and linkages to existing services in these populations; 

‘‘(7) Collaborating with and informing public officials and agencies in order 

to develop and implement policies to reduce or eliminate sexual assault; 

‘‘(8) the development and distribution of educational materials on issues related to sexual assault and the services described in clauses (A) through (G). 

‘‘(e) 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 as determined 

by the National Center for Injury Prevention and Control Office in collaboration with the Violence Against Women Office of the Department of Justice. 

‘‘(B) FIRST-TIME APPLICANTS.—No entity shall be prohibited from submitting an application under this subsection because such entity has not 

previously applied or received funding under this subsection. 

46 

‘‘(f) COALITION ACTIVITIES AUTHORIZED.—Grant Funds received under subsection (e) may be used to— ‘‘(1) work with local sexual assault programs and other providers of direct 

services to encourage appropriate responses to sexual assault within the State, 

territory, or Indian tribe; ‘‘(2) work with judicial and law enforcement agencies to encourage appropriate responses to sexual assault cases; ‘‘(3) 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; ‘‘(4) design and conduct public education campaigns; 

‘‘(5) plan and monitor the distribution and use of grants and grant funds 

to their State, territory, or Indian tribe; and ‘‘(6) collaborate with and inform Federal, State, Tribal, or local public officials and agencies to develop and implement policies to reduce or eliminate sexual assault. 

‘‘(g) APPLICATION.— ‘‘(1) Each eligible entity desiring a grant under subsections (c) and (e) 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. 

‘‘(2) Each eligible entity desiring a grant under subsection (b) shall include—

‘‘(A) demonstration of meaningful involvement of the State or territorial 

coalitions, or Tribal coalition, where applicable, in the development of the 

application and implementation of the plans; 

‘‘(B) a plan for an equitable distribution of grants and grant funds within the State, territory or tribal area and between urban and rural areas 

within such State or territory; 

‘‘(C) the State, territorial or Tribal entity that is responsible for the administration of grants; and 

‘‘(D) any other information the Attorney General reasonably determines 

to be necessary to carry out the purposes and provisions of this section. 

‘‘(h) REPORTING.—

‘‘(1) Each entity receiving a grant under subsection (b), (c) and (e) shall submit a report to the Attorney General that describes the activities carried out 

with such grant funds. 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated $55,000,000 for 

each of the fiscal years 2006 through 2010 to carry out this section. Any 

amounts so appropriated shall remain available until expended. 

‘‘(2) ALLOCATIONS.—Of the total amount 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 administrative costs under this section; 

‘‘(B) not more than 2.5 percent shall be used for the provision of technical assistance to grantees and sub- grantees under this section, except 

that in subsection (c) up to 5 percent of funds appropriated under that subsection may be available for technical assistance to be provided by a national organization or organizations whose primary purpose and expertise 

is in sexual assault within racial and ethnic communities; 

‘‘(C) not less than 75 percent shall be used for making grants to states 

and territories and tribal entities under subsection (b) of which not less 

than 10 percent of this amount shall be allocated for grants to tribal entities. State, territorial and tribal governmental agencies shall use no more 

than 5% for administrative costs; 

‘‘(D) not less than 10 percent shall be used for grants for culturally specific programs addressing sexual assault under subsection (c); and 

‘‘(E) not less than 10 percent shall be used for making grants to state, 

territorial and tribal coalitions under subsection (e) of which not less than 

10 percent shall be allocated for grants to tribal coalitions. 

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 the several States, the District of Columbia, 

and the territories. 

‘‘(3) MINIMUM AMOUNT.—Of the amount appropriated under section (i)(2)(C), 

the Attorney General, not including the set aside for tribal entities, shall allocate not less than 1.50 percent to each State and not less than 0.125 percent 

to each of the territories. The remaining funds shall be allotted to each State 

47 

and each territory in an amount that bears the same ratio to such remaining 

funds as the population of such State bears to the population of the combined 

States, or for territories, the population of the combined territories.’’. 

SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM. 

Section 40295 of the Violence Against 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— ‘‘(1) to identify, assess, and appropriately respond to adult, youth, and 

minor domestic violence, sexual assault, dating violence, and stalking in rural 

communities, by encouraging collaboration between— ‘‘(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, and 

local government services in rural communities to adult, youth, and minor 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 3-year grants, with a possible extension for an additional 3 years, 

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 between 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, and other long- and short-term assistance to adult, youth, and minor victims of domestic violence, dating violence, 

sexual assault, and stalking in rural communities; 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 SERVICES.—

‘‘(A) IN GENERAL.—Not less than 25 percent of the total amount made 

available for each fiscal year to carry out this section shall be allocated for 

grants that meaningfully address sexual assault in rural communities, except as provided in subparagraph (B). 

‘‘(B) ESCALATION.—The percentage required by subparagraph (A) shall 

be—

‘‘(i) 30 percent, for any fiscal year for which $45,000,000 or more 

is made available to carry out this section; 

‘‘(ii) 35 percent, for any fiscal year for which $50,000,000 or more 

is made available to carry out this section; or 

‘‘(iii) 40 percent, for any fiscal year for which $55,000,000 or more 

is made available to carry out this section. 

‘‘(C) SAVINGS CLAUSE.—Nothing in this paragraph shall prohibit an applicant from applying for funding to address domestic violence, dating vioVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00051 Fmt 6659 Sfmt 6621 E:\HR\OC\HR233.XXX HR233
48 

lence, sexual assault, or stalking, separately or in combination, in the same 

application. 

‘‘(D) REPORT TO CONGRESS.—The Attorney General shall, on an annual 

basis, submit to Congress a report on the effectiveness of the set-aside for 

sexual assault services. The report shall include any recommendations of 

the Attorney General with respect to the rural grant program. 

‘‘(3) ALLOTMENT FOR TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—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 training, technical assistance, and data collection costs. Of the amounts so used, not less than 

25 percent shall be available to nonprofit, nongovernmental organizations whose 

focus and expertise is in addressing sexual assault to provide training, technical 

assistance, and data collection with respect to sexual assault grantees. 

‘‘(4) UNDERSERVED POPULATIONS.—In awarding grants under this section, 

the Director shall give priority to the needs of racial and ethnic and other underserved populations (as defined in section 2000B of the Omnibus Crime Control and Safe Streets Act of 1968). 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated $50,000,000 for 

each of the fiscal years 2006 through 2010 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. 604. ASSISTANCE FOR VICTIMS OF ABUSE. 

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

3796gg et seq.) is amended by adding after section 2014 (as added by section 602 

of this Act) the following: 

‘‘SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE. 

‘‘(a) GRANTS AUTHORIZED.—The Attorney General may award grants to appropriate entities—

‘‘(1) to provide services for victims of domestic violence, abuse by caregivers, 

and sexual assault who are 50 years of age or older; 

‘‘(2) to improve the physical accessibility of existing buildings in which services are or will be rendered for victims of domestic violence and sexual assault 

who are 50 years of age or older; 

‘‘(3) to provide training, consultation, and information on abuse by caregivers, 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 to enhance direct services to such 

individuals; 

‘‘(4) for training programs to assist law enforcement officers, prosecutors, 

governmental agencies, victim assistants, and relevant officers of Federal, State, 

tribal, territorial, and local courts in recognizing, addressing, investigating, and 

prosecuting instances of adult, youth, or minor domestic violence, dating violence, sexual assault, stalking, elder abuse, and violence against individuals 

with disabilities, including domestic violence and sexual assault, against older 

or disabled individuals; and 

‘‘(5) for multidisciplinary collaborative community responses to victims. 

‘‘(b) USE OF FUNDS.—Grant funds under this section may be used—

‘‘(1) to implement or expand programs or services to respond to the needs 

of persons 50 years of age or older who are victims of domestic violence, dating 

violence, sexual assault, stalking, or elder abuse; 

‘‘(2) to provide personnel, training, technical assistance, data collection, advocacy, intervention, risk reduction and prevention of domestic violence, dating 

violence, stalking, and sexual assault against disabled individuals; 

‘‘(3) to conduct outreach activities to ensure that disabled individuals who 

are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance; 

‘‘(4) to conduct cross-training for victim service organizations, governmental 

agencies, and nonprofit, nongovernmental organizations serving individuals 

with disabilities; about risk reduction, intervention, prevention and the nature 

of dynamic of domestic violence, dating violence, stalking, and sexual assault for 

disabled individuals; 

‘‘(5) to provide training, technical assistance, and data collection to assist 

with modifications to existing policies, protocols, and procedures to ensure equal 

49 

access to the services, programs, and activities of victim service organizations 

for disabled individuals; ‘‘(6) to provide training, technical assistance, and data collection 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; ‘‘(7) to purchase equipment, and provide personnel so that shelters and victim service organizations can accommodate the needs of disabled individuals; ‘‘(8) to provide advocacy and intervention services for disabled individuals 

who are victims of domestic violence, dating violence, stalking, or sexual assault 

through collaborative partnerships between— ‘‘(A) nonprofit, nongovernmental agencies; 

‘‘(B) governmental agencies serving individuals with disabilities; and 

‘‘(C) victim service organizations; or ‘‘(9) 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) a nonprofit, nongovernmental organization such as a victim services organization, an organization serving individuals with disabilities or a 

community-based organization; and ‘‘(D) a religious organization. ‘‘(2) LIMITATION.—A grant awarded for the purposes described in subsection 

(b) (9) shall be awarded only to an eligible agency (as defined in section 410 

of the Rehabilitation Act of 1973 (29 U.S.C. 796f—5)). ‘‘(d) APPLICATION.—An eligible entity desiring a grant under this section shall 

submit an application to the Attorney General at such time, in such manner, and 

containing such information as the Attorney General may require. ‘‘(e) REPORTING.—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, the Attorney General shall submit to Congress a report evaluating the effectiveness of programs administered and 

operated pursuant to this section. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro- priated $20,500,000 for each of the fiscal years 2006 through 2010 to carry out this 

section.’’. 

SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE. 

(a) STUDY REQUIRED.—Not later than 6 months after the date of enactment of 

this Act, the Comptroller General shall conduct a study of the National Domestic 

Violence Hotline to determine the effectiveness of the Hotline in assisting victims 

of domestic violence. 

(b) ISSUES TO BE STUDIED.—In conducting the study under subsection (a), the 

Comptroller General shall—

(1) compile statistical and substantive information about calls received by 

the Hotline since its inception, or a representative sample of such calls, while 

maintaining the confidentiality of Hotline callers; 

(2) interpret the data compiled under paragraph (1)—

(A) to determine the trends, gaps in services, and geographical areas 

of need; and 

(B) to assess the trends and gaps in services to underserved populations and the military community; and 

(3) gather other important information about domestic violence. 

(c) REPORT.—Not later than 3 years after the date of enactment of this Act, the 

Comptroller General shall submit to Congress a report on the results of the study. 

SEC. 606. 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, racial, and ethnic populations and 

immigrant communities, including information on services available to victims 

50 

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, racial, and ethnic 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, racial, or ethnic 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. 

(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 racial, ethnic, and immigrant communities; 

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

local campaigns; 

(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 2006 through 

2010. 

TITLE VII—SERVICES, PROTECTION, AND 

JUSTICE FOR YOUNG VICTIMS OF VIOLENCE 

SEC. 701. SERVICES AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE. 

The Violence Against Women Act of 1994 is amended by adding after subtitle 

K (as added by section 506) the following: 

‘‘Subtitle L—Services, Education, Protection and 

Justice for Young Victims of Violence 

‘‘SEC. 41201. 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 domestic violence or dating violence victim services providers, courts, law enforcement, child 

51 

welfare agencies, 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 Attorney General, through the Violence Against 

Women Office, 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 appro- priated to carry out this section $8,000,000 for each of fiscal years 2006 through 

2010. Funds appropriated under this section shall remain available until expended. 

Of the amounts appropriated to carry out this section for each fiscal year, the Attorney General 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 10 percent for grants to 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 training and technical assistance, to be 

provided—

‘‘(A) to organizations that are establishing or have established collaborative responses and services; and 

‘‘(B) 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, whether 

or not they are receiving funds under this section. 

‘‘(d) UNDERSERVED POPULATIONS.—In awarding grants under this section, the 

Attorney General shall consider the needs of racial and ethnic and other underserved populations (as defined in section 2000B of the Omnibus Crime Control and 

Safe Streets Act of 1968). 

‘‘(e) GRANT AWARDS.—The Attorney General shall award grants under this section for periods of not more than 3 fiscal years. 

‘‘(f) USES OF FUNDS.—Entities receiving grants under this section shall use 

amounts provided to develop collaborative responses and services and provide crosstraining 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 by—

‘‘(A) increasing the safety, autonomy, capacity, and financial security of 

non-abusing parents or caretakers, including developing service plans and 

utilizing community-based services that provide resources and support to 

non-abusing parents; 

‘‘(B) protecting the safety, security, and well-being of children by preventing their unnecessary removal from a non-abusing parent, or, in cases 

where removal of the child is necessary to protect the child’s safety, taking 

the necessary steps to provide appropriate and community-based services to 

the child and the non-abusing parent to promote the safe and appropriately 

prompt reunification of the child with the non-abusing parent; 

‘‘(C) recognizing the relationship between child maltreatment and domestic violence or dating violence in a family, as well as the impact of and 

danger posed by the perpetrators’ behavior on adult, youth, and minor victims; and 

‘‘(D) holding adult, youth, and minor perpetrators of domestic violence 

or dating violence, not adult, youth, and minor victims of abuse or neglect, 

52 

accountable for stopping the perpetrators’ abusive behaviors, including the 

development of separate service plans, court filings, or community-based 

interventions where appropriate; 

‘‘(3) increase cooperation and enhance linkages between child welfare agencies, domestic violence victim service providers, courts (including family, criminal, juvenile courts, or tribal 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 adult, youth, and minor 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 racial and ethnic minorities 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, youth, and minor victims and their children, legal assistance and 

advocacy for adult, youth, and minor 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 cases, programs providing support and assistance to racial and ethnic populations, and other necessary supportive services. 

‘‘(h) GRANTEE REQUIREMENTS.—

‘‘(1) APPLICATIONS.—Under this section, an entity shall prepare and submit 

to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General 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) may include a court; 

‘‘(D) may include a law enforcement agency, or Bureau of Indian Affairs 

providing tribal law enforcement; and 

‘‘(E) may include any other such agencies or private nonprofit organizations, including community-based organizations, with the capacity to provide effective help to the adult, youth, and minor victims served by the collaboration. 

‘‘(3) REPORTS.—Each entity receiving a grant under this section shall report 

to the Attorney General every 18 months, detailing how the funds have been 

used. 

‘‘SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS. 

‘‘(a) GRANTS AUTHORIZED.—The Attorney General shall award grants to eligible 

entities to conduct programs to serve youth between the ages of 12 and 24 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 victims of domestic violence, dating violence, sexual assault, or stalking; 

53 

‘‘(2) a religious or community-based organization that specializes in working 

with youth victims of domestic violence, dating violence, sexual assault, or 

stalking; 

‘‘(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. 

‘‘(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 teens and young 

adults, who have experienced domestic violence, dating violence, sexual assault or stalking; 

‘‘(B) shall include linguistically, culturally, and community relevant 

services for racial and ethnic and other underserved populations or linkages 

to existing services in the community tailored to the needs of racial and 

ethnic and other underserved populations; 

‘‘(C) may include mental health services; 

‘‘(D) may include legal advocacy efforts on behalf of minors 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 10 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) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—Not less 

than 5 percent of funds appropriated under this section in any year shall be 

available to provide training, technical assistance, and data collection 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) REPORTS.—An entity receiving a grant under this section shall submit to the 

Attorney General every 18 months a report of how grant funds have been used. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2006 through 

2010.’’. 

SEC. 702. 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. 

54 

(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 

(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 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 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; 

55 

(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 2006 through 

2010 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) CONFIDENTIALITY.—

(A) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—In 

order to ensure the safety of adult and minor victims of domestic violence, 

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

sub-grantees under this section shall reasonably—

(i) protect the confidentiality and privacy of persons receiving services under the grants and subgrants; and 

(ii) not disclose and personally identifying information, or individual client information, collected in connection with services requested, utilized, or denied through programs provided by such grantees and subgrantees under this section. 

(B) CONSENT.—A grantee or subgrantee under this section shall not reveal personally any identifying information or individual client information 

collected as described in subparagraph (A) without the informed, written, 

and reasonably time-limited consent of the person (or, in the case of an 

unemancipated minor, the minor and the parent or guardian of the minor) 

about whom information is sought, whether for the program carried out 

under this section or any other Federal, State, tribal, or territorial assistance program. 

(C) COMPELLED RELEASE AND NOTICE.—If a grantee or subgrantee 

under this section is compelled by statutory or court mandate to disclose 

information described in subparagraph (A), the grantee or subgrantee—

(i) shall make reasonable attempts to provide notice to individuals 

affected by the disclosure of information; and 

(ii) shall take steps necessary to protect the privacy and safety of 

the individual affected by the disclosure. 

(D) PERMISSIVE SHARING.—Grantees and subgrantees under this section 

may share with each other, in order to comply with Federal, State, tribal, 

or territorial reporting, evaluation, or data collection requirements—

(i) aggregate data, that is not personally identifying information, 

regarding services provided to their clients; and 

(ii) demographic information that is not personally identifying information. 

(E) COURT-GENERATED AND LAW ENFORCEMENT-GENERATED INFORMATION.—Grantees and subgrantees under this section may share with each 

other—

(i) court-generated information contained in secure, governmental 

registries for protection order enforcement purposes; and 

(ii) law enforcement-generated information. 

(F) DEFINITION.—As used in this paragraph, the term ‘‘personally identifying information’’ means individually identifying information from or 

about an individual, including—

(i) first and last name; 

56 

(ii) home or other physical address, including street name and 

name of city or town; 

(iii) email address or other online contact information, such as an 

instant- messaging user identifier or a screen name that reveals an individual’s email address; 

(iv) telephone number; 

(v) social security number; 

(vi) Internet Protocol (‘‘IP’’) address or host name that identifies an 

individual; 

(vii) persistent identifier, such as a customer number held in a 

‘‘cookie’’ or processor serial number, that is combined with other available data that identities an individual; or 

(viii) information that, in combination with the information in any 

of the clauses (i) through (vii), would serve to identify any individual, 

including—

(I) grade point average; 

(II) date of birth; 

(III) academic or occupational interests; 

(IV) athletic or extracurricular interests; 

(V) racial or ethnic background; or 

(VI) religious affiliation. 

(3) GRANTEE REPORTING.—

(A) ANNUAL REPORT.—Each institution of higher education receiving a 

grant under this section shall submit 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). 

(4) 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 $15,000,000 for each of fiscal years 

2006 through 2010. 

SEC. 703. 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. 1301. 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 ‘‘public or nonprofit nongovernmental entities, and to’’

after ‘‘may award grants to’’; 

(C) by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’; 

(D) by striking ‘‘to provide’’ and inserting the following: 

‘‘(1) to provide’’; 

(E) by striking the period at the end and inserting a semicolon; and 

(F) 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; 

57 

‘‘(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 2006 through 2010. 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 5 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 training, technical assistance, 

and data collection 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.’’. 

SEC. 704. 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; 

(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 

58 

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) 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, 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 non-personally identifying demographic information in order to comply with Tribal, Federal, State or Territorial reporting, evaluation, or data collection requirements. Grantees and subgrantees may share courtgenerated 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 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. 

59 

(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 2006 through 2010. 

(2) AVAILABILITY.—Funds appropriated under paragraph (1) shall remain 

available until expended. 

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING VIOLENCE IN THE 

HOME 

SEC. 801. PREVENTING VIOLENCE IN THE HOME. 

The Violence Against Women Act of 1994 is amended by adding after subtitle 

L (as added by section 701) the following: 

‘‘Subtitle M—Strengthening America’s Families by 

Preventing Violence in the Home 

‘‘SEC. 41301. PURPOSE. 

‘‘The purpose of this subtitle is to—

‘‘(1) prevent crimes involving domestic violence, dating violence, sexual assault, and stalking, including when committed against children and youth; 

‘‘(2) increase the resources and services available to prevent domestic violence, dating violence, sexual assault, and stalking, including when committed 

against 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. 

‘‘SEC. 41302. 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 consultation with the Secretary 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 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 3 fiscal years. 

‘‘(3) AWARD BASIS.—The Director shall award grants—

‘‘(A) considering the needs of racial and ethnic and other underserved 

populations, as defined in section 2000B of the Omnibus Crime Control and 

Safe Streets Act of 1968; 

‘‘(B) awarding not less than 10 percent of such amounts 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 training, technical assistance, and data collection programs from the amounts made available 

under this section for a fiscal year; and 

60 

‘‘(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 $15,000,000 for each of fiscal years 2006 through 

2010. 

‘‘(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; 

‘‘(2) training and coordination 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; or 

‘‘(3) advocacy within the systems that serve children to improve the system’s understanding of and response to children who have been exposed to domestic violence and the needs of the nonabusing parent. 

‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under this section, an 

entity shall be—

‘‘(1) a victim service provider, tribal nonprofit organization or communitybased 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, child care, 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—

‘‘(A) enhance or ensure the safety and security of children who have 

been 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 racial and ethnic and other underserved populations. 

‘‘(f) REPORTS.—An entity receiving a grant under this section shall prepare and 

submit to the Director every 18 months a report detailing the activities undertaken 

with grant funds, providing additional information as the Director shall require. 

‘‘SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH TO PREVENT 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 Secretary 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 

building alliances among men, women, and youth to prevent 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 3 fiscal years. 

‘‘(3) AWARD BASIS.—The Director shall award grants—

‘‘(A) considering the needs of racial and ethnic and other underserved 

populations (as defined in section 2000B of the Omnibus Crime Control and 

Safe Streets Act of 1968); 

‘‘(B) with respect to gender-specific programs described under subsection (c)(1)(A), ensuring reasonable distribution of funds to programs for 

boys and programs for girls; 

61 

‘‘(C) awarding not less than 10 percent of such amounts for the funding 

of tribal projects from the amounts made available under this section for 

a fiscal year; and ‘‘(D) awarding up to 8 percent for the funding of training, technical assistance, and data collection for grantees and non-grantees working in this 

area and evaluation programs from the amounts made available under this 

section for a fiscal year. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro- priated to carry out this section $10,000,000 for each of fiscal years 2006 through 

2010. ‘‘(c) USE OF FUNDS.— ‘‘(1) PROGRAMS.—The funds appropriated under this section shall be used 

by eligible entities for— ‘‘(A) public education and community based programs, including gender-specific programs in accordance with applicable laws— ‘‘(i) to encourage children and youth to pursue only mutually respectful, nonviolent relationships and empower them to 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) public education campaigns and community organizing to encourage men and boys to work as allies with women and girls to prevent domestic violence, dating violence, stalking, and sexual assault 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 25 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) for a grant under subsection (c)(1)(A), 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; 

‘‘(B) provide, where appropriate, linguistically, culturally, and community relevant services for racial and ethnic and other underserved populations; 

‘‘(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. 

‘‘(f) REPORTS.—An entity receiving a grant under this section shall prepare and 

submit to the Director every 18 months a report detailing the activities undertaken 

with grant funds, including an evaluation of funded programs and providing additional information as the Director shall require. 

62 

‘‘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, shall award grants on a competitive basis 

to home visitation programs, in collaboration with law enforcement, 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 $5,000,000 for each of fiscal years 2006 through 

2010. 

‘‘(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—

‘‘(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 racial ethnic and other 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 or recognize (or both) 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.’’. 

TITLE IX—PROTECTION FOR IMMIGRANT 

VICTIMS OF VIOLENCE 

SEC. 900. SHORT TITLE OF TITLE; REFERENCES TO VAWA–2000; REGULATIONS. 

(a) SHORT TITLE OF TITLE.—This title may be cited as ‘‘Immigrant Victims of 

Violence Protection Act of 2005’’. 

(b) REFERENCES TO VAWA–2000.—In this title, the term ‘‘VAWA–2000’’ means 

the Violence Against Women Act of 2000 (division B of Public Law 106–386). 

(c) REGULATIONS.— Not later than 180 days after the date of the enactment of 

this Act, the Attorney General, the Secretary of Homeland Security, and Secretary 

63 

of State shall promulgate regulations to implement the provisions contained in the 

Battered Immigrant Women Protection Act of 2000 (title V of VAWA–2000) and the 

amendments made by (and the provisions of) this title. In applying such regulations, 

in the case of petitions, applications, or certifications filed on or before the effective 

date of publication of such regulations for relief covered by such regulations, there 

shall be no requirement to submit an additional petition, application, or certification 

and any priority or similar date with respect to such a petition or application shall 

relate back to the date of the filing of the petition or application. 

Subtitle A—Victims of Crime 

SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS. 

(a) TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS OF TRAFFICKING.—Clause 

(ii) of section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(T)) is amended to read as follows: 

‘‘(ii) if accompanying, or following to join, the alien described in clause 

(i)—

‘‘(I) in the case of an alien so described 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;’’. 

(b) DURATION OF U AND T VISAS.—

(1) U VISAS.—Section 214(p) of such Act (8 U.S.C. 1184(p)) is amended by 

adding at the end the following new paragraph: 

‘‘(6) DURATION OF STATUS.—The authorized period of status of an alien as 

a nonimmigrant under section 101(a)(15)(U) shall be 4 years, but—

‘‘(A) shall be extended on a year-by-year basis 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 ongoing presence 

in the United States is required to assist in the investigation or prosecution 

of such criminal activity; and 

‘‘(B) shall be extended if the alien files an application for adjustment 

of status under section 245(m), until final adjudication of such application.’’. 

(2) T VISAS.—Section 214(o) of such Act (8 U.S.C. 1184(o)), as redesignated 

by section 8(a)(3) of the Trafficking Victims Protection Reauthorization Act of 

2003 (Public Law 108–193), is amended by adding at the end the following: 

‘‘(7) The authorized period of status of an alien as a nonimmigrant status under 

section 101(a)(15)(T) shall be 4 years, but—

‘‘(A) shall be extended on a year-by-year basis 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 relating 

to human trafficking that the alien’s ongoing presence in the United States is 

required to assist in the investigation or prosecution of such criminal activity; 

and 

‘‘(B) shall be extended if the alien files an application for adjustment of status under section 245(l), until final adjudication of such application.’’. 

(c) PERMITTING CHANGE OF NONIMMIGRANT STATUS TO U AND T NONIMMIGRANT

STATUS.—

(1) IN GENERAL.—Section 248 of such 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 new subsection: 

‘‘(b) The limitation based on inadmissibility under section 212(a)(9)(B) and the 

exceptions specified in numbered paragraphs 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), other than from such classification under subparagraph (C) or (D) of such section.’’. 

(2) CONFORMING AMENDMENT.—Section 214(l)(2)(A) of such Act (8 U.S.C. 

1184(l)(2)(A)) is amended by striking ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. 

(d) CERTIFICATION PROCESS FOR VICTIMS OF TRAFFICKING.—

(1) VICTIM ASSISTANCE IN INVESTIGATION OR PROSECUTION.—Section 

107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is amended—

64 

(A) in clause (i)(I), by striking ‘‘investigation and prosecution’’ and inserting ‘‘investigation or prosecution, by the United States or a State or 

local government’’; and 

(B) in clause (iii)— (i) by striking ‘‘INVESTIGATION AND PROSECUTION’’ and ‘‘investigation and prosecution’’ and inserting ‘‘INVESTIGATION OR PROSECUTION’’ and ‘‘investigation or prosecution’’, respectively; 

(ii) in subclause (II), by striking ‘‘and’’ at the end; 

(iii) in subclause (III), by striking the period and inserting ‘‘; or’’; 

and 

(iv) by adding at the end the following new subclause: ‘‘(IV) responding to and cooperating with requests for evidence 

and information.’’. (2) CLARIFYING ROLES OF ATTORNEY GENERAL AND SECRETARY OF HOMELAND

SECURITY.—

(A) Section 107 of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106–386; 22 U.S.C. 7105) is amended— (i) in subsections (b)(1)(E)(i)(II)(bb), (b)(1)(E)(ii), (e)(5), and (g), by 

striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’ each place it appears; and 

(ii) in subsection (c), by inserting ‘‘, Secretary of Homeland Security,’’ after ‘‘Attorney General’’. 

(B) Section 101(a)(15)(T) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(T)) is amended by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’ each place it appears. 

(C) Section 212(d)(13) of the Immigration and Nationality Act (8 U.S.C. 

1182(d)(13)) is amended—

(i) in subparagraph (A), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’; 

(ii) in subparagraph (B), by striking ‘‘Attorney General’’ the first 

place it appears and inserting ‘‘Secretary of Homeland Security’’; and 

(iii) in subparagraph (B), by striking ‘‘Attorney General, in the Attorney General’s discretion’’ and inserting ‘‘Secretary, in the Secretary’s 

discretion’’. 

(D) Section 101(i) of the Immigration and Nationality Act (8 U.S.C. 

1101(i)) is amended—

(i) in paragraph (1), by striking ‘‘Attorney General’’ and inserting 

‘‘Secretary of Homeland Security, the Attorney General,’’; and 

(ii) in paragraph (2), by striking ‘‘Attorney General’’ and inserting 

‘‘Secretary of Homeland Security’’. 

(E) Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 

1255(l)) is amended—

(i) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of 

Homeland Security’’ the first place it appears in paragraphs (1) and (2) 

and in paragraph (5); 

(ii) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary’’ the 

second place it appears in paragraphs (1) and (2); and 

(iii) in paragraph (2), by striking ‘‘Attorney General’s’’ and inserting ‘‘Secretary’s’’. 

(3) REQUEST BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.—Section 

107(c)(3) of the Trafficking Victims Protection Act of 2000 (division A of Public 

Law 106–386; 22 U.S.C. 7105(c)(3)) is amended by adding at the end the following: ‘‘State or local law enforcement officials may request that such Federal 

law enforcement officials permit the continued presence of trafficking victims. 

If such a request contains a certification that a trafficking victim is a victim 

of a severe form of trafficking, such Federal law enforcement officials may permit the continued presence of the trafficking victim in accordance with this 

paragraph.’’. 

(e) EFFECTIVE DATES.—

(1) IN GENERAL.—The amendments made by subsections (a), (b)(1), (c), and 

(d)(3) shall take effect on the date of the enactment of this Act. 

(2) TRANSITION FOR DURATION OF T VISAS.—In the case of an alien who is 

classified as a nonimmigrant under section 101(a)(15)(T) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(T)) before the the date of implementation 

of the amendment made by subsection (b)(2) and whose period of authorized 

stay was less than 4 years, the authorized period of status of the alien as such 

a nonimmigrant shall be extended to be 4 years and shall be further extended 

on a year-by-year basis as provided in section 214(o)(7) of such Act, as added 

by such amendment. 

65 

(3) CERTIFICATION PROCESS.—(A) The amendments made by subsection 

(d)(1) shall be effective as if included in the enactment of VAWA–2000. 

(B) The amendments made by subsection (d)(2) shall be effective as of the 

applicable date of transfer of authority from the Attorney General to the Secretary of Homeland Security under the Homeland Security Act of 2002 (Public 

Law 107–296). 

SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR CONDITIONAL PERMANENT RESIDENCE. 

(a) IN GENERAL.—Section 216(c)(4) of the Immigration and Nationality Act (8 

U.S.C. 1186a(c)(4)) is amended by adding at the end the following: ‘‘An application 

for relief under this paragraph may be based on one or more grounds specified in 

subparagraphs (A) through (D) and may be amended at any time to change the 

ground or grounds for such relief without the application being resubmitted.’’. (b) APPEALS.—Such section is further amended by adding at the end the following: ‘‘Such an application may not be considered if there is a final removal order 

in effect with respect to the alien.’’. (c) CONFORMING AMENDMENT.—Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 

1227(a)(1)(H)(ii)) is amended by inserting before the period at the end the following: 

‘‘or qualifies for a waiver under section 216(c)(4)’’. (d) EFFECTIVE DATES.— (1) The amendment made by subsection (a) shall apply to applications for 

relief pending or filed on or after April 10, 2003. 

(2) The amendment made by subsection (b) shall apply to applications for 

relief filed on or after the date of the enactment of this Act. 

SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING. 

(a) REDUCTION IN REQUIRED PERIOD OF PRESENCE AUTHORIZED.— (1) IN GENERAL.—Section 245(l) of the Immigration and Nationality Act (8 

U.S.C. 1255(l)) is amended— (A) in paragraph (1)(A), by inserting ‘‘subject to paragraph (6),’’ after ‘‘(A)’’; 

(B) in paragraph (1)(A), by inserting after ‘‘since’’ the following: ‘‘the 

earlier of (i) the date the alien was granted continued presence under section 107(c)(3) of the Trafficking Victims Protection Act of 2000, or (ii)’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(6) The Secretary of Homeland Security may waive or reduce the period of 

physical presence required under paragraph (1)(A) for an alien’s adjustment of status under this subsection if a Federal, State, or local law enforcement official investigating or prosecuting trafficking described in section 101(a)(15)(T)(i) in relation to 

the alien or the alien’s spouse, child, parent, or sibling certifies that the official has 

no objection to such waiver or reduction.’’. 

(2) CONFORMING AMENDMENT.—Section 107(c) of the Trafficking Victims 

Protection Act of 2000 (division A of Public Law 106–386; 22 U.S.C. 7105(c)) is 

amended by adding at the end the following new paragraph: 

‘‘(5) CERTIFICATION OF NO OBJECTION FOR WAIVER OR REDUCTION OF PERIOD

OF REQUIRED PHYSICAL PRESENCE FOR ADJUSTMENT OF STATUS.—In order for an 

alien to have the required period of physical presence under paragraph (1)(A) 

of section 245(l) of the Immigration and Nationality Act waived or reduced 

under paragraph (6) of such section, a Federal, State, and local law enforcement 

official investigating or prosecuting trafficking described in section 

101(a)(15)(T)(i) in relation to the alien or the alien’s spouse, child, parent, or 

sibling may provide for a certification of having no objection to such waiver or 

reduction.’’. 

(b) TREATMENT OF GOOD MORAL CHARACTER .—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)), as amended by subsection (a)(1), is 

amended—

(1) in paragraph (1)(B), by inserting ‘‘subject to paragraph (7),’’ after ‘‘(B)’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(7) For purposes of paragraph (1)(B), the Secretary of Homeland Security, in 

the Secretary’s sole unreviewable discretion, may waive consideration of a disqualification from good moral character described in section 101(f) with respect to an 

alien if there is a connection between the disqualification and the trafficking with 

respect to the alien described in section 101(a)(15)(T)(i).’’. 

(c) ANNUAL REPORT ON TRAINING OF LAW ENFORCEMENT.—

(1) IN GENERAL.—Section 107(g) of the Trafficking Victims Protection Act of 

2000 (division A of Public Law 106–386; 22 U.S.C. 7105(g)) is amended by adding at the end the following: ‘‘Each such report shall also include statistics regarding the number of law enforcement officials who have been trained in the 

66 

identification and protection of trafficking victims and certification for assistance as nonimmigrants under section 101(a)(15)(T) of such Act.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

to annual reports beginning with the report for fiscal year 2006. 

Subtitle B—VAWA Petitioners 

SEC. 911. DEFINITION OF VAWA PETITIONER. 

(a) IN GENERAL.—Section 101(a) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: ‘‘(51) The term ‘VAWA petitioner’ means an alien whose application or petition 

for classification or relief under any of the following provisions (whether as a principal or as a derivative) has been filed and has not been denied after exhaustion 

of administrative appeals: ‘‘(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A). 

‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

‘‘(C) Subparagraph (C) or (D) of section 216(c)(4). 

‘‘(D) The first section of Public Law 89–732 (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 (division A of section 101(h) of Public Law 105–277). ‘‘(F) Section 202(d)(1) of the Nicaraguan Adjustment and Central American 

Relief Act (8 U.S.C. 1255 note; Public Law 105–100). ‘‘(G) Section 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 

note).’’. (b) CONFORMING AMENDMENTS.— (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C. 1182(a)(6)(A)(ii)(I)) is 

amended by striking ‘‘qualifies for immigrant status under subparagraph 

(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)’’ and inserting ‘‘is a VAWA 

petitioner’’. (2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to whom the Attorney General has granted classification under 

clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), 

(iii), or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a VAWA petitioner’’. 

(3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8 U.S.C. 1182) is 

amended by striking ‘‘qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B)’’

and inserting ‘‘is a VAWA petitioner’’. 

(4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is amended by striking 

‘‘an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) 

or clause (ii) or (iii) of section 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

(5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is an alien who qualifies for classification under clause (iii) or 

(iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a VAWA petitioner’’. 

(6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 1229b(b)(4)(B)) is amended 

by striking ‘‘they were applications filed under section 204(a)(1) (A)(iii), (A)(iv), 

(B)(ii), or (B)(iii)’’ and inserting ‘‘the applicants were VAWA petitioners’’. 

(7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is amended by striking 

‘‘under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or’’

and inserting ‘‘as a VAWA petitioner’’. 

(8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is amended by striking 

‘‘under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of 

section 204(a)(1)’’ and inserting ‘‘as a VAWA petitioner’’. 

(9) For additional conforming amendments to sections 212(a)(4)(C)(i) and 

240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act, see sections 832(b)(2) 

and 817(a) of this Act. 

SEC. 912. SELF-PETITIONING FOR CHILDREN. 

(a) SELF-PETITIONING BY CHILDREN OF PARENT-ABUSERS UPON DEATH OR OTHER

TERMINATION OF PARENT-CHILD RELATIONSHIP.—

(1) CITIZEN PARENTS.—Section 204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended—

(A) by striking ‘‘or who’’ and inserting ‘‘who’’; and 

(B) by inserting after ‘‘domestic violence,’’ the following: ‘‘or who was a 

child of a United States citizen parent who within the past 2 years (or, if 

67 

later, two years after the date the child attains 18 years of age) died or otherwise terminated the parent-child relationship (as defined under section 

101(b)),’’. 

(2) LAWFUL PERMANENT RESIDENT PARENTS.—

(A) IN GENERAL.—Section 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

1154(a)(1)(B)(iii)) is amended—

(i) by striking ‘‘or who’’ and inserting ‘‘who’’; and 

(ii) by inserting after ‘‘domestic violence,’’ the following: ‘‘or who 

was a child of a lawful permanent resident resident who within the 

past 2 years (or, if later, two years after the date the child attains 18 

years of age) died or otherwise terminated the parent-child relationship 

(as defined under section 101(b)),’’. 

(B) CONFORMING TREATMENT OF DECEASED SPOUSES.—Section 

204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) 

is amended—

(i) by redesignating subitems (aaa) and (bbb) as subitems (bbb) and 

(ccc), respectively; and 

(ii) by inserting before subitem (bbb), as so redesignated, the following: 

‘‘(aaa) whose spouse died within the past 2 years;’’. 

(3) EFFECTIVE DATES.—

(A) IN GENERAL.—Subject to subparagraph (B), the amendment made 

by paragraphs (1) and (2) shall take effect on the date of the enactment of 

this Act. 

(B) TRANSITION IN CASE OF CITIZEN PARENTS WHO DIED BEFORE ENACTMENT.—In applying the amendments made by paragraphs (1) and (2)(A) in 

the case of an alien whose citizen parent or lawful permanent resident parent died or whose parent-child relationship with such parent terminated 

during the period beginning on October 28, 1998, and ending on the date 

of the enactment of this Act, the following rules apply: 

(i) The reference to ‘‘within the past 2 years’’ in section 

204(a)(1)(A)(iv) or 204(a)(1)(B)(iii), respectively, of the Immigration and 

Nationality Act in the matter inserted by such paragraph is deemed to 

be a reference to such period. 

(ii) The petition must be filed under such section within 2 years 

after the date of the enactment of this Act (or, if later, 2 years after 

the alien’s 18th birthday). 

(iii) The determination of eligibility for benefits as a child under 

such section (including under section 204(a)(1)(D) of the Immigration 

and Nationality Act by reason of a petition authorized under such section) shall be determined as of the date of the death of the citizen parent or lawful permanent resident parent or the termination of the parent-child relationship. 

(b) PROTECTING VICTIMS OF CHILD ABUSE FROM AGING OUT.—

(1) CLARIFICATION REGARDING CONTINUATION OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immigration 

and Nationality Act (8 U.S.C. 1154(a)(1)(D)(i)(I)) is amended—

(A) by striking ‘‘clause (iv) of section 204(a)(1)(A)’’ and inserting ‘‘subparagraph (A)(iv)’’ each place it appears; and 

(B) by striking ‘‘a petitioner for preference status under paragraph (1), 

(2), or (3) of section 203(a), whichever paragraph is applicable’’ and inserting ‘‘to continue to be treated as an immediate relative under section 

201(b)(2)(A)(i), or a petitioner for preference status under section 203(a)(3) 

if subsequently married’’. 

(2) CLARIFICATION REGARDING APPLICATION TO CHILDREN OF LAWFUL PERMANENT RESIDENTS.—Section 204(a)(1)(D) of such Act (8 U.S.C. 1154(a)(1)(D)) is 

amended—

(A) in clause (i)(I)—

(i) by inserting after the first sentence the following new sentence: 

‘‘Any child who attains 21 years of age who has filed a petition under 

subparagraph (B)(iii) that was filed or approved before the date on 

which the child attained 21 year of age shall be considered (if the child 

has not been admitted or approved for lawful permanent residence by 

the date the child attained 21 years of age) a petitioner for preference 

status under section 203(a)(2)(A), with the same priority date assigned 

to the self-petition filed under such subparagraph.’’; and 

(ii) in the last sentence, by inserting ‘‘in either such case’’ after 

‘‘shall be required to be filed’’; 

68 

(B) in clause (i)(III), by striking ‘‘paragraph (1), (2), or (3) of section 

203(a)’’ and inserting ‘‘section 203(a)(2)(A)’’; and 

(C) in clause (ii), by striking ‘‘(A)(iii), (A)(iv),’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply 

to applications filed before, on, or after the date of the enactment of VAWA–

2000. 

(c) CLARIFICATION OF NO SEPARATE ADJUSTMENT APPLICATION FOR DERIVATIVE

CHILDREN.—

(1) IN GENERAL.—Section 245(a) of the Immigration and Nationality Act (8 

U.S.C. 1255(a)) is amended by adding at the end the following: ‘‘In the case of 

a petition under clause (ii), (iii), or (iv) of section 204(a)(1)(A) that includes an 

individual as a derivative child of a principal alien, no adjustment application 

other than the adjustment application of the principal alien shall be required 

for adjustment of status of the individual under this subsection or subsection 

(c).’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to applications filed 

before, on, or after such date. 

(d) LATE PETITION PERMITTED FOR ADULTS ABUSED AS CHILDREN.—

(1) IN GENERAL.—Section 204(a)(1)(D) of the Immigration and Nationality 

Act (8 U.S.C. 1154(a)(1)(D)), is amended by adding at the end the following new 

clause: 

‘‘(iv) In the case of an alien who qualified to petition under subparagraph (A)(iv) 

or (B)(iii) as of the date the individual attained 21 years of age, the alien may file 

a petition under such respective subparagraph notwithstanding that the alien has 

attained such age or been married so long as the petition is filed before the date 

the individual attains 25 years of age. In the case of such a petition, the alien shall 

remain eligible for adjustment of status as a child notwithstanding that the alien 

has attained 21 years of age or has married, or both.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to individuals who 

attain 21 years of age on or after the date of the enactment of VAWA–2000. 

SEC. 913. SELF-PETITIONING PARENTS. 

(a) IN GENERAL.—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 new clause: 

‘‘(vii) An alien who—

‘‘(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 battering or extreme cruelty by the United States citizen 

son or daughter or who within the past two years 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) by virtue of the alien’s relationship to the son or daughter referred to in subclause (I); and 

‘‘(IV) resides, or has resided in the past, with the citizen daughter or son; 

may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the alien under such section if the alien demonstrates that 

the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen son or daughter.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect 

on the date of the enactment of this Act. 

SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS. 

(a) IN GENERAL.—Section 204(a)(1) of the Immigration and Nationality Act (8 

U.S.C. 1154(a)(1)) is amended—

(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking ‘‘an incident of domestic violence’’ and inserting ‘‘battering or extreme cruelty by the United 

States citizen spouse’’; 

(2) in subparagraph (A)(iv), by striking ‘‘an incident of domestic violence’’

and inserting ‘‘battering or extreme cruelty by such parent’’; 

(3) in subparagraph (B)(ii)(II)(aa)(CC)(bbb), as redesignated by section 

912(a)(2)(B)(i), by striking ‘‘due to an incident of domestic violence’’ and inserting ‘‘related to battering or extreme cruelty by the lawful permanent resident 

spouse’’; and 

(4) in subparagraph (B)(iii), by striking ‘‘due to an incident of domestic violence’’ and inserting ‘‘related to battering or extreme cruelty by such parent’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect 

as if included in the enactment of VAWA–2000. 

69 

SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND APPLICATIONS FOR RELIEF. 

(a) RELIEF.— (1) LIMITATION ON REMOVAL OR DEPORTATION.—Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the 

following new subsection: 

‘‘(d)(1) In the case of an alien in the United States for whom a petition as a 

VAWA petitioner has been filed, if the petition sets forth a prima facie case for approval, the Secretary of Homeland Security, in the Secretary’s sole unreviewable 

discretion, may grant the alien deferred action until the petition is approved or the 

petition is denied after exhaustion of administrative appeals. In the case of the approval of such petition, such deferred action may be extended until a final determination is made on an application for adjustment of status. 

‘‘(2) In the case of an alien in the United States for whom an application for 

nonimmigrant status (whether as a principal or derivative child) under subparagraph (T) or (U) of section 101(a)(15) has been filed, if the application sets forth a 

prima facie case for approval, the Secretary of Homeland Security, in the Secretary’s 

sole unreviewable discretion, may grant the alien deferred action until the application is approved or the application is denied after exhaustion of administrative appeals. 

‘‘(3) During a period in which an alien is provided deferred action under this 

subsection, the alien shall not be removed or deported. ’’. 

(2) LIMITATION ON DETENTION.—Section 236 of such Act (8 U.S.C. 1226) is 

amended by adding at the end the following new subsection: 

‘‘(f) LIMITATION ON DETENTION OF CERTAIN VICTIMS OF VIOLENCE.—(1) An alien 

for whom a petition as a VAWA petitioner has been approved or for whom an application for nonimmigrant status (whether as a principal or derivative child) under 

subparagraph (T) or (U) of section 101(a)(15) has been approved, subject to paragraph (2), the alien shall not be detained if the only basis for detention is a ground 

for which—

‘‘(A) a waiver is provided under section 212(h), 212(d)(13), 212(d)(14), 

237(a)(7), or 237(a)(2)(a)(V); or 

‘‘(B) there is an exception under section 204(a)(1)(C). 

‘‘(2) Paragraph (1) shall not apply in the case of detention that is required under 

subsection (c) or section 236A.’’. 

(3) EMPLOYMENT AUTHORIZATION.—

(A) FOR VAWA PETITIONERS.—Section 204(a)(1) of such Act (8 U.S.C. 

1154(a)(1)) is amended by adding at the end the following: 

‘‘(K)(i) In the case of an alien for whom a petition as a VAWA petitioner is approved, the alien is eligible for work authorization and shall be provided an ‘employment authorized’ endorsement or other appropriate work permit.’’. 

(B) FOR ALIENS WITH APPROVED T VISAS.—Section 214(o) of such Act (8 

U.S.C. 1184(o)), as amended by section 901(b)(2), is amended by adding at 

the end the following new paragraph: 

‘‘(8) In the case of an alien for whom an application for nonimmigrant status 

(whether as a principal or derivative) under section 101(a)(15)(T) has been approved, 

the alien is eligible for work authorization and shall be provided an ‘employment 

authorized’ endorsement or other appropriate work permit.’’. 

(4) PROCESSING OF APPLICATIONS.—Section 204(a)(1)(K) of the Immigration 

and Nationality Act (8 U.S.C. 1154(a)(1)(K)), as added by paragraph (3)(A), is 

amended by adding at the end the following: 

‘‘(ii) A petition as a VAWA petitioner shall be processed without regard to 

whether a proceeding to remove or deport such alien is brought or pending.’’. 

(5) EFFECTIVE DATE.—The amendments made by this subsection shall take 

effect on the date of the enactment of this Act and shall apply to petitions and 

applications filed before, on, or after such date. 

(b) APPLICANTS FOR CANCELLATION OF REMOVAL OR SUSPENSION OF DEPORTATION.—

(1) IN GENERAL.—Section 240A(b)(2) of the Immigration and Nationality Act 

(8 U.S.C. 1229b(b)(2)) is amended by adding at the end the following new subparagraph: 

‘‘(E) RELIEF WHILE APPLICATION PENDING.—In the case of an alien who 

has applied for relief under this paragraph and whose application sets forth 

a prima facie case for such relief or who has filed an application for relief 

under section 244(a)(3) (as in effect on March 31, 1997) that sets forth a 

prima facie case for such relief—

‘‘(i) the alien shall not be removed or deported until the application 

has been approved or, in the case it is denied, until all opportunities 

for appeal of the denial have been exhausted; and 

70 

‘‘(ii) such an application shall be processed without regard to 

whether a proceeding to remove or deport such alien is brought or 

pending.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to applications filed 

before, on, or after such date. 

SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY. 

(a) FIANCEES.—

(1) SELF-PETITIONING.—Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended—

(A) in subclause (I)(bb), by inserting after ‘‘during the marriage’’ the following: ‘‘or relationship intended by the alien to be legally a marriage or 

to conclude in a valid marriage’’; 

(B) in subclause (II)(aa)—

(i) by striking ‘‘or’’ at the end of subitem (BB); 

(ii) by inserting ‘‘or’’ at the end of subitem (CC); and 

(iii) by adding at the end the following new subitem: 

‘‘(DD) who entered the United States as an alien described in section 

101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or 

child of the alien) was battered or subject to extreme cruelty in the United 

States by the United States citizen who filed the petition to accord status under 

such section;’’; 

(C) in subclause (II)(cc), by striking ‘‘or who’’ and inserting ‘‘, who’’ and 

by inserting before the semicolon at the end the following: ‘‘, or who is described in subitem (aa)(DD)’’; and 

(D) in subclause (II)(dd), by inserting ‘‘or who is described in subitem 

(aa)(DD)’’ before the period at the end. 

(2) EXCEPTION FROM REQUIREMENT TO DEPART.—Section 214(d) of such Act 

(8 U.S.C. 1184(d)) is amended by inserting before the period at the end the following: ‘‘unless the alien (and the child of the alien) entered the United States 

as an alien described in section 101(a)(15)(K) with the intent to enter into a 

valid marriage and the alien or child was battered or subject to extreme cruelty 

in the United States by the United States citizen who filed the petition to accord status under such section’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take 

effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date. 

(b) SPOUSES WHO ARE CONDITIONAL PERMANENT RESIDENTS.—

(1) IN GENERAL.—Section 245(d) of the Immigration and Nationality Act (8 

U.S.C. 1255(d)) is amended—

(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) Paragraph (1) shall not apply to an alien who seeks adjustment of status 

on the basis of an approved petition for classification as a VAWA petitioner.’’. 

(2) CONFORMING APPLICATION IN CANCELLATION OF REMOVAL.—Section 

240A(b)(2)(A)(i) of such Act (8 U.S.C. 1229b(b)(2)(A)(i)) is amended—

(A) by striking ‘‘or’’ at the end of subclause (II); 

(B) by adding ‘‘or’’ at the end of subclause (III); and 

(C) by adding at the end the following new subclause: 

‘‘(IV) the alien entered the United States as an alien described in 

section 101(a)(15)(K) with the intent to enter into a valid marriage and 

the alien (or the child of the alien who is described in such section) was 

battered or subject to extreme cruelty in the United States by the 

United States citizen who filed the petition to accord status under such 

section;’’. 

(3) EXCEPTION TO RESTRICTION ON ADJUSTMENT OF STATUS.—The second 

sentence of section 245(d)(1) of such Act (8 U.S.C. 1255(d)(1)), as designated by 

paragraph (1)(A), is amended by inserting ‘‘who is not described in section 

204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described in section 101(a)(15)(K)’’. 

(4) APPLICATION UNDER SUSPENSION OF DEPORTATION.—Section 244(a)(3) of 

such Act (as in effect on March 31, 1997) shall be applied (as if in effect on such 

date) as if the phrase ‘‘is described in section 240A(b)(2)(A)(i)(IV) or’’ were inserted before ‘‘has been battered’’ the first place it appears. 

(5) EFFECTIVE DATE.—The amendments made by this subsection, and the 

provisions of paragraph (4), shall take effect on the date of the enactment of 

this Act and shall apply to applications for adjustment of status, for cancellation 

of removal, or for suspension of deportation filed before, on, or after such date. 

71 

(c) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION ON PETITIONS FOR

K NONIMMIGRANT PETITIONERS.—Section 214(d) of the Immigration and Nationality 

Act (8 U.S.C. 1184(d)) is amended— (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

(2) by inserting after the second sentence the following: ‘‘Such information 

shall include information on any criminal convictions of the petitioner for domestic violence, sexual assault, or child abuse.’’; and 

(3) by adding at the end the following: ‘‘(2)(A) Subject to subparagraph (B), 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 more than 2 applying aliens; and ‘‘(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 discretion of the Secretary, 

waive the limitation in subparagraph (A), if justification exists for such a waiver. ‘‘(3) For purposes of this subsection— ‘‘(A) the term ‘child abuse’ means a felony or misdemeanor crime, as defined 

by Federal or State law, committed by an offender who is a stranger to the victim, or committed by an offender who is known by, or related by blood or marriage to, the victim, against a victim who has not attained the lesser of—

‘‘(i) 18 years of age; or 

‘‘(ii) except in the case of sexual abuse, the age specified by the child 

protection law of the State in which the child resides; 

‘‘(B) the terms ‘domestic violence’ and ‘sexual assault’ have the meaning 

given such terms in section 2003 of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).’’. 

(d) SPOUSES AND CHILDREN OF ASYLUM APPLICANTS UNDER ADJUSTMENT PROVISIONS.—

(1) IN GENERAL.—Section 209(b)(3) of the Immigration and Nationality Act 

(8 U.S.C. 1159(b)(3)) is amended—

(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

(B) by adding at the end the following: 

‘‘(B) was the spouse of a refugee within the meaning of section 101(a)(42)(A) 

at the time the asylum application was granted and who was battered or was 

the subject of extreme cruelty perpetrated by such refugee or whose child was 

battered or subjected to extreme cruelty by such refugee (without the active participation of such spouse in the battery or cruelty), or 

‘‘(C) was the child of a refugee within the meaning of section 101(a)(42)(A) 

at the time of the filing of the asylum application and who was battered or was 

the subject of extreme cruelty perpetrated by such refugee,’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take 

effect on the date of the enactment of this Act and—

(A) section 209(b)(3)(B) of the Immigration and Nationality Act, as 

added by paragraph (1)(B), shall apply to spouses of refugees for whom an 

asylum application is granted before, on, or after such date; and 

(B) section 209(b)(3)(C) of such Act, as so added, shall apply with respect to the child of a refugee for whom an asylum application is filed before, on, or after such date. 

(e) VISA WAIVER ENTRANTS.—

(1) IN GENERAL.—Section 217(b)(2) of such Act (8 U.S.C. 1187(b)(2)) is 

amended by inserting after ‘‘asylum,’’ the following: ‘‘as a VAWA petitioner, or 

for relief under subparagraph (T) or (U) of section 101(a)(15), under section 

240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997),’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to waivers provided 

under section 217(b)(2) of the Immigration and Nationality Act before, on, or 

after such date as if it had been included in such waivers. 

(f) EXCEPTION FROM FOREIGN RESIDENCE REQUIREMENT FOR EDUCATIONAL VISITORS.—

(1) IN GENERAL.—Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended, 

in the matter before the first proviso, by inserting ‘‘unless the alien is a VAWA 

petitioner or an applicant for nonimmigrant status under subparagraph (T) or 

(U) of section 101(a)(15)’’ after ‘‘for an aggregate of a least two years following 

departure from the United States’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to aliens regardless 

of whether the foreign residence requirement under section 212(e) of the Immigration and Nationality Act arises out of an admission or acquisition of status 

72 

under section 101(a)(15)(J) of such Act before, on, or after the date of the enactment of this Act. 

SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLICATIONS FOR ADJUSTMENTS OF 

STATUS. 

(a) APPLICATION OF MOTIONS TO REOPEN FOR ALL VAWA PETITIONERS.—Section 

240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1230(c)(7)(C)(iv)), 

as redesignated by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13), is amended — (1) in subclause (I), by striking ‘‘under clause (iii) or (iv) of section 

204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a VAWA 

petitioner’’; and 

(2) in subclause (II), by inserting ‘‘or adjustment of status’’ after ‘‘cancellation of removal’’. (b) APPLICATION OF VAWA DEPORTATION PROTECTIONS FOR TRANSITIONAL RE- LIEF TO ALL VAWA PETITIONERS.—Section 1506(c)(2) of the Violence Against 

Women Act of 2000 (8 U.S.C. 1229a note) 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 as a VAWA petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) or under section 244(a)(3) of such Act 

(8 U.S.C. 1254(a)(3)); 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)’’. (c) APPLICATION OF VAWA-RELATED RELIEF UNDER SECTION 202 OF

NACARA.—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 after ‘‘April 1, 2000’’ the following: ‘‘, 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 Act of 2005’’ . (d) PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN ADJUST- MENT.—The first section of Public Law 89–732 (8 U.S.C. 1255 note) is amended 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 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 Act of 2005) if the 

alien demonstrates a connection between the termination of the marriage and the 

battering or extreme cruelty by the Cuban alien.’’. (e) SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.—Section 902(d)(1)(B) of 

the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) 

of Public Law 105–277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as amended by section 1511(a) of VAWA–2000, 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’’; and 

(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’’. (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 OF NACARA.—Section 309 of 

the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 note), as amended by section 203(a) 

of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; 

Public Law 105–100), is amended— (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of 

VAWA–2000—

(A) by striking ‘‘or’’ at the end of subitem (BB); 

(B) by striking ‘‘and’’ at the end of subitem (CC) and inserting ‘‘or’’; and 

(C) by adding at the end the following new subitem: 

‘‘(DD) at the time at which the spouse or child files an application for suspension of deportation or cancellation of removal; and’’; and 

(2) in subsection (g)—

73 

(A) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; 

(B) by inserting ‘‘subject to paragraph (2),’’ after ‘‘section 101(a) of the 

Immigration and Nationality Act)),’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) There shall be no limitation on a motion to reopen removal or deportation 

proceedings in the case of an alien who is described in subclause (VI) or (VII) of 

subsection (c)(5)(C)(i). Motions to reopen removal or deportation proceedings in the 

case of such an alien shall be handled under the procedures that apply to aliens 

seeking relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality 

Act.’’. 

(g) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended by section 915(a)(3)(A), 

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 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’s) eligibility as a VAWA petitioner or for such nonimmigrant status.’’. 

(h) EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments made by this section shall take effect on the date of the enactment of this 

Act. 

SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DERIVATIVES OF TRAFFICKING VICTIMS. 

(a) IN GENERAL.—Section 240A(b)(4) of the Immigration and Nationality Act (8 

U.S.C. 1229b(b)(4)) is amended—

(1) in the heading, by striking ‘‘CHILDREN OF BATTERED ALIENS’’ inserting 

‘‘BATTERED ALIENS, CHILDREN OF BATTERED ALIENS, AND DERIVATIVE FAMILY

MEMBERS OF TRAFFICKING VICTIMS,’’; 

(2) in subparagraph (A)—

(A) by striking ‘‘or’’ at the end of clause (i); 

(B) by striking the period at the end of clause (ii) and inserting a semicolon; and 

(C) by adding at the end the following new clauses: 

‘‘(iii) VAWA petitioner whose petition was approved based on having been battered or subjected to extreme cruelty by a United States 

citizen spouse, parent, or son or daughter and who is admissible and 

eligible for an immigrant visa; 

‘‘(iv) VAWA petitioner whose petition was approved based on having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent, who is admissible and would be eligible 

for an immigrant visa but for the fact that an immigrant visa is not 

immediately available to the alien, and who filed a petition for classification under section 204(a)(1)(B), if at least 3 years has elapsed since 

the petitioner’s priority date; or 

‘‘(v) an alien whom the Secretary of State determines would, but 

for an application or approval, meet the conditions for approval as a 

nonimmigrant described in section 101(a)(15)(T)(ii).’’; and 

(3) in subparagraph (B)—

(A) in the first sentence, by striking ‘‘The grant of parole’’ and inserting 

‘‘(i) The grant of parole under subparagraph (A)(i) or (A)(ii)’’; 

(B) in the second sentence, by striking ‘‘covered under this paragraph’’

and inserting ‘‘covered under such subparagraphs’’; 

(C) in the last sentence, by inserting ‘‘of subparagraph (A)’’ after 

‘‘clause (i) or (ii)’’; and 

(D) by adding at the end the following new clauses: 

‘‘(ii) The grant of parole under subparagraph (A)(iii) or (A)(iv) shall extend from the date of approval of the applicable petition to the time the application for adjustment of status filed by aliens covered under such subparagraphs has been finally adjudicated. Applications for adjustment of status filed by aliens covered under such subparagraphs shall be treated as 

if they were applications filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), 

or (B)(iii) for purposes of section 245 (a) and (c). 

‘‘(iii) The grant of parole under subparagraph (A)(v) shall extend from 

the date of the determination of the Secretary of State described in such 

subparagraph to the time the application for status under section 

101(a)(15)(T)(ii) has been finally adjudicated. Failure by such an alien to exVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00077 Fmt 6659 Sfmt 6621 E:\HR\OC\HR233.XXX HR233
74 

ercise due diligence in filing a visa petition on the alien’s behalf may result 

in revocation of parole.’’. 

(b) CONFORMING REFERENCE.—Section 212(d)(5) of such Act (8 U.S.C. 

1182(d)(5)) is amended by adding at the end the following new subparagraph: 

‘‘(C) Parole is provided for certain battered aliens, children of battered aliens, 

and parents of battered alien children under section 240A(b)(4).’’. 

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 

on the date of the enactment of this Act. 

SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART VOLUNTARILY. 

(a) IN GENERAL.—Section 240B(d) of the Immigration and Nationality Act (8 

U.S.C. 1229c(d)) is amended—

(1) by striking ‘‘If’’ and inserting ‘‘(1) Subject to paragraph (2), if’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The ineligibility for relief under paragraph (1) shall not apply to an alien 

who is a VAWA petitioner, who is seeking status as a nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or who is an applicant for relief under section 

240A(b)(2) or under section 244(a)(3) (as in effect on March 31, 1997), if there is a 

connection between the failure to voluntarily depart and the battery or extreme cruelty, trafficking, or criminal activity, referred to in the respective provision.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply as 

if included in the enactment of the Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208) and shall apply to failures to 

depart voluntarily occurring before, on, or after the date of the enactment of this 

Act. 

SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF DOMESTIC VIOLENCE. 

(a) IN GENERAL.—Section 319(a) of the Immigration and Nationality Act (8 

U.S.C. 1430(a)) is amended by inserting after ‘‘extreme cruelty by a United States 

citizen spouse or parent’’ the following: ‘‘, regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty’’. 

(b) USE OF CREDIBLE EVIDENCE.—Such section is further amended by adding at 

the end the following: ‘‘The provisions of section 204(a)(1)(J) shall apply in acting 

on an application under this subsection in the same manner as they apply in acting 

on petitions referred to in such section.’’

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 

on the date of the enactment of this Act and shall apply to applications for naturalization filed before, on, or after the date of the enactment of this Act. 

SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR DEPORTABILITY BASED ON PROTECTED INFORMATION. 

(a) APPLICATION OF RESTRICTIONS ON ADDITIONAL DEPARTMENTS.—Section 384 

of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1367) is amended—

(1) in subsection (a), as amended by section 1513(d) of VAWA–2000—

(A) in the matter before paragraph (1), by striking ‘‘(including any bureau or agency of such Department)’’ and inserting ‘‘, or the Secretary of 

Homeland Security, the Secretary of State, the Secretary of Health and 

Human Services, or the Secretary of Labor or any other official or employee 

of the Department of Homeland Security, the Department of State, the Department of Health and Human Services, or the Department of Labor (including any bureau or agency of any such Department)’’; and 

(B) in paragraph (2), by striking ‘‘of the Department,’’ and inserting ‘‘of 

any such Department,’’; and 

(2) in subsection (b)—

(A) in paragraphs (1), by striking ‘‘The Attorney General may provide, 

in the Attorney General’s discretion’’ and inserting ‘‘The Attorney General, 

Secretary of Homeland Security, Secretary of State, Secretary of Health and 

Human Services, and Secretary of Labor may provide, in each’s discretion’’; 

(B) in paragraph (2), by striking ‘‘The Attorney General may provide 

in the discretion of the Attorney General’’ and inserting ‘‘The Attorney General, Secretary of Homeland Security, Secretary of State, Secretary of 

Health and Human Services, and the Secretary of Labor may provide, in 

each’s discretion’’; and 

(C) in paragraph (5), by striking ‘‘is authorized to disclose’’ and inserting ‘‘, Secretary of Homeland Security, Secretary of State, Secretary of 

Health and Human Services, and Secretary of Labor, or Attorney General 

may disclose’’. 

75 

(b) INCREASING SCOPE OF ALIENS AND INFORMATION PROTECTED.—Subsection (a) 

of such section is amended—

(1) in paragraph (1)—

(A) in the matter before subparagraph (A), by striking ‘‘furnished solely 

by’’ and inserting ‘‘furnished by or derived from information provided solely 

by’’; 

(B) by striking ‘‘or’’ at the end of subparagraph (D); 

(C) by adding ‘‘or’’ at the end of subparagraph (E); and 

(D) by inserting after subparagraph (E) the following new subparagraph: 

‘‘(F) in the case of an alien applying for continued presence as a victim 

of trafficking under section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Protection Act of 2000 or status under section 101(a)(15)(T) of the Immigration 

and Nationality Act, the trafficker or perpetrator,’’; and 

(2) in paragraph (2)—

(A) by striking ‘‘under clause (iii) or (iv) of section 204(a)(1)(A), clause 

(ii) or (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a VAWA petitioner (as 

defined in section 101(a)(51) of the Immigration and Nationality Act), or 

under’’; and 

(B) by striking ‘‘or section 244(a)(3) of such Act as an alien (or the parent of a child) who has been battered or subjected to extreme cruelty.’’ and 

inserting the following: ‘‘, section 101(a)(15)(T), section 214(c)(15), or section 

240A(b)(2) of such Act, or section 244(a)(3) of such Act (as in effect on 

March 31, 1997), or for continued presence as a victim of trafficking under 

section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Protection Act of 2000, or 

any derivative of the alien;’’. 

(c) PROVIDING FOR CONGRESSIONAL REVIEW.—Subsection (b) of such section is 

amended by adding at the end the following new paragraph: 

‘‘(6) Subsection (a) shall not apply to prevent the Attorney General and the 

Secretary of Homeland Security from disclosing to the chairmen and ranking 

members of the Judiciary Committees of the House of Representatives and of 

the Senate in 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).’’. 

(d) APPLICATION TO JUVENILE SPECIAL IMMIGRANTS.—Subsection (a) of such section, as amended by subsection (b)(2)(B), is amended—

(1) by striking ‘‘or’’ at the end of paragraph (1); 

(2) by adding ‘‘or’’ at the end of paragraph (2); and 

(3) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) in the case of an alien described in section 101(a)(27)(J) of the Immigration and Nationality Act who has been abused, neglected, or abandoned, 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 clause (iii)(I) of such section.’’. 

(e) IMPROVED ENFORCEMENT.—Subsection (c) of such section is amended by adding at the end the following: ‘‘The Office of Professional Responsibility in the Department of Justice shall be responsible for carrying out enforcement under the previous sentence.’’. 

(f) 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.—Removal proceedings shall not be initiated against an alien unless there is a certification of either of the following: 

‘‘(1) No enforcement action was taken leading to such proceedings against 

the alien—

‘‘(A) at a domestic violence shelter, a victims services organization or 

program (as described in section 2003(8) of the Omnibus Crime Control and 

Safe Streets Act of 1968), a rape crisis center, a family justice center, or 

a supervised visitation center; or 

‘‘(B) at a courthouse (or in connection with the 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 (U) of section 101(a)(15). 

76 

‘‘(2) Such an enforcement action was taken, but the provisions of section 

384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act 

of 1996 have been complied with.’’. 

(2) COMPLIANCE.—Section 384(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 

1367(c)) is amended 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’’. 

(g) EFFECTIVE DATE.—The amendments made by this section shall take effect 

on the date of the enactment of this Act and shall apply to violations or disclosures 

made on or after such date. 

SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT LEGAL RIGHTS AND RESOURCES 

FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE. 

(a) IN GENERAL.—The Secretary of Homeland Security, in consultation with the 

Attorney General and the Secretary of State, shall develop consistent and accurate 

materials, including an information pamphlet described in subsection (b), on legal 

rights and resources for immigrant victims of domestic violence for dissemination 

to applicants for K nonimmigrant visas. In preparing such materials, the Secretary 

shall consult with non-governmental organizations with expertise on the legal rights 

of immigrant victims of battery, extreme cruelty, sexual assault and other crimes. 

(b) INFORMATION PAMPHLET.—The information pamphlet developed under subsection (a) shall include information on the following: 

(1) The K nonimmigrant visa application process and the marriage-based 

immigration process, including conditional residence and adjustment of status. 

(2) The illegality of domestic violence, sexual assault, and child abuse in the 

United States and the dynamics of domestic violence. 

(3) Domestic violence and sexual assault services in the United States, including the National Domestic Violence Hotline and the National Sexual Assault Hotline. 

(4) The legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters. 

(5) The obligations of parents to provide child support for children. 

(6) Marriage fraud under United States immigration laws and the penalties 

for committing such fraud. 

(7) A warning concerning the potential use of K nonimmigrant visas by individuals who have a history of committing domestic violence, sexual assault, 

or child abuse. 

(c) 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 subsection (a) that shall be used by consular officers when 

reviewing the pamphlet in interviews under section (e)(2). 

(d) TRANSLATION.—

(1) IN GENERAL.—In order to best serve the language groups having the 

greatest concentration of K nonimmigrant visa applicants, the information pamphlet under subsection (b) shall, subject to paragraph (2), be translated by the 

Secretary of State into the following languages: Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, 

Portuguese, and Hindi. 

(2) REVISION.—Every two years, the Secretary of Homeland Security, in 

consultation with the Attorney General and the Secretary of State, shall determine the specific languages into which the information pamphlet is translated 

based on the languages spoken by the greatest concentrations of K nonimmigrant visa applicants. 

(e) AVAILABILITY AND DISTRIBUTION.—The information pamphlet developed 

under subsection (a) shall be made available and distributed as follows: 

(1) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS.—

(A) 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. 

(B) In addition, in the case of an applicant for a nonimmigrant visa 

under section 101(a)(15)(K)(i) of the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(K)(i)) the Secretary of Homeland Security shall provide 

to the Secretary of State, for inclusion in the mailing under subparagraph 

(A), a copy of the petition submitted by the petitioner for such applicant 

under section 214(d) of such Act (8 U.S.C. 1184(d)). 

77 

(C) 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 such section 214(d). 

The Secretary of State, in turn, shall share any such criminal background 

information that is in the public record with the 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 subparagraph 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. 

(2) CONSULAR INTERVIEWS.— The pamphlet shall be distributed directly to 

K nonimmigrant visa applicants at all consular interviews for such visas. The 

consular officer conducting the visa interview shall review the pamphlet and 

summary with the applicant orally in the applicant’s primary language, in addition to distributing the pamphlet to the applicant in English. 

(3) CONSULAR ACCESS.—The pamphlet shall be made available to the public 

at all consular posts. Summaries of the pamphlets under subsection (c) shall be 

made available to foreign service officers at all consular posts. 

(4) POSTING ON STATE DEPARTMENT WEBSITE.—The pamphlet shall be posted 

on the website of the Department of State as well as on the websites of all consular posts processing K nonimmigrant visa applications. 

(f) K NONIMMIGRANT DEFINED.—For purposes of this section, 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)). 

SEC. 923. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of Homeland Security 

such sums as may be necessary to provide for adjudication of petitions and adjustment applications of VAWA petitioners (as defined in section 101(a)(51) of the Immigration and Nationality Act, as added by section 911(a)) and of aliens seeking status 

as nonimmigrants under subparagraph (T) or (U) of section 101(a)(15) of such Act. 

Subtitle C—Miscellaneous Provisions 

SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR BATTERED 

ADOPTED CHILDREN. 

(a) IN GENERAL.—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 after ‘‘at least two years’’ the following: ‘‘or if the 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’’. 

(b) CONFORMING NATURALIZATION AMENDMENT.—Section 320(a)(3) of such Act 

(8 U.S.C. 1431(a)(3)) is amended by inserting before the period at the end the following: ‘‘or the child is residing in the United States pursuant to a lawful admission 

for permanent residence and has been battered or subject to extreme cruelty by the 

citizen parent or by a family member of the citizen parent residing in the same 

household ’’

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 

on the date of the enactment of this Act and shall apply to applications pending or 

filed on or after such date. 

SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA PETITIONERS. 

(a) WAIVER OF FALSE CLAIM OF U.S. CITIZENSHIP.—

(1) IN GENERAL.—Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is 

amended by inserting ‘‘(and, in the case of a VAWA petitioner who demonstrates a connection between the false claim of United States citizenship and 

the petitioner being subjected to battery or extreme cruelty, clause (ii))’’ after 

‘‘clause (i)’’. 

(2) CONFORMING REFERENCE.—Section 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

1182(a)(6)(C)(iii)) is amended by striking ‘‘clause (i)’’and inserting ‘‘clauses (i) 

and (ii)’’. 

(b) EXEMPTION FROM PUBLIC CHARGE GROUND.—

(1) IN GENERAL.—Section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) is 

amended by adding at the end the following new subparagraph: 

78 

‘‘(E) SPECIAL RULE FOR BATTERED ALIENS.—Subparagraphs (A) through 

(C) shall not apply to an alien who is a VAWA petitioner or is a qualified 

alien described in section 431(c) of the Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996.’’. 

(2) CONFORMING AMENDMENT.—Section 212(a)(4)(C)(i) of such Act (8 U.S.C. 

1182(a)(4)(C)(i)) is amended to read as follows: 

‘‘(i) the alien is described in subparagraph (E); or’’. 

(c) EFFECTIVE DATE.—Except as provided in this section, the amendments made 

by this section shall take effect on the date of the enactment of this Act and shall 

apply regardless of whether the conviction was entered, crime, or disqualifying 

event occurred before, on, or after such date. 

SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS. 

(a) IN GENERAL.—Section 214(c) of the Immigration and Nationality Act (8 

U.S.C. 1184(c)), as amended by sections 403(a) and 404(a) of the REAL ID Act of 

2005 (division B of Public Law 109–13), is amended by adding at the end the following new paragraph: 

‘‘(15) 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)(i) of such section, respectively, the Secretary of Homeland Security shall 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 to extreme cruelty perpetrated by 

the spouse of the alien spouse. Requests for relief under this paragraph shall be 

handled under the procedures that apply to aliens seeking relief under section 

204(a)(1)(A)(iii).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect 

on the date of the enactment of this Act and shall apply to aliens who obtained the 

status of an alien spouse before, on, or after such date. 

SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT RESIDENCE FOR 

INTENDED SPOUSES. 

(a) IN GENERAL.—Section 216(c)(4) of the Immigration and Nationality Act (8 

U.S.C. 1186a(c)(4)) is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (B); 

(2) by striking the period at the end of subparagraph (C) and inserting ‘‘, 

or’’; and 

(3) by inserting after subparagraph (C) the following new subparagraph: 

‘‘(D) the alien meets the requirements under section 

204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony has been 

battered by or was subject to extreme cruelty perpetrated by his or her intended spouse and was not at fault in failing to meet the requirements of 

paragraph (1).’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply as 

if included in the enactment of VAWA–2000. 

SEC. 935. CANCELLATION OF REMOVAL. 

(a) 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)—

(i) by inserting ‘‘subject to paragraph (5),’’ after ‘‘(C)’’; and 

(ii) by striking ‘‘(except in a case described in section 237(a)(7) 

where the Attorney General exercises discretion to grant a waiver)’’; 

(B) in paragraph (2)(A), by amending clause (iv) to read as follows: 

‘‘(iv) subject to paragraph (5), the alien is not inadmissible under 

paragraph (2) or (3) of section 212(a), is not removable under paragraph 

(2), (3)(D), or (4) of section 237(a), and is not removable under section 

237(a)(1)(G) (except if there was a connection between the marriage 

fraud described in such section and the battery or extreme cruelty described in clause (i)); and ’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER AUTHORITY.—The provisions of section 237(a)(7) shall apply in the application of paragraphs (1)(C) and 

(2)(A)(iv) (including waiving grounds of deportability) in the same manner as 

they apply under section 237(a). In addition, for purposes of such paragraphs 

79 

and in the case of an alien who has been battered or subjected to extreme cruelty and if there was a connection between the inadmissibility or deportability 

and such battery or cruelty with respect to the activity involved, the Attorney 

General may waive, in the sole unreviewable discretion of the Attorney General, 

any other ground of inadmissibility or deportability for which a waiver is authorized under section 212(h), 212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), and the 

exception described in section 204(a)(1)(C) shall apply.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply 

as if included in the enactment of section 1504(a) of VAWA–2000. 

(b) CLARIFYING NONAPPLICATION OF CANCELLATION CAP.—

(1) IN GENERAL.—Section 240A(e)(3) of the Immigration and Nationality Act 

(8 U.S.C. 1229b(e)(3)) is amended by adding at the end the following new subparagraph: 

‘‘(C) Aliens with respect to their cancellation of removal under subsection (b)(2).’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

to cancellations of removal occurring on or after October 1, 2004. 

SEC. 936. MOTIONS TO REOPEN. 

(a) REMOVAL PROCEEDINGS.—

(1) IN GENERAL.—Section 240(c)(7) of the Immigration and Nationality Act 

(8 U.S.C. 1230(c)(7)), as redesignated by section 101(d)(1) of the REAL ID Act 

of 2005 (division B of Public Law 109–13), is amended—

(A) 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 

(B) in subparagraph (C)—

(i) in the heading of clause (iv), by striking ‘‘SPOUSES AND CHILDREN’’ and inserting ‘‘SPOUSES, CHILDREN, AND PARENTS’’; 

(ii) 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’’; 

(iii) in clause (iv)(I), by inserting ‘‘or section 244(a)(3) (as in effect 

on March 31, 1997)’’ after ‘‘section 240A(b)(2)’’; 

(iv) by striking ‘‘and’’ at the end of clause (iv)(II); 

(v) by striking the period at the end of clause (iv)(III) and inserting 

‘‘; and’’; and 

(vi) 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 stay the removal of the alien pending final disposition of the motion including exhaustion of all appeals if the motion establishes a prima facie case for 

the relief applied for.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take 

effect on the date of the enactment of this Act. 

(b) DEPORTATION AND EXCLUSION PROCEEDINGS.—

(1) IN GENERAL.—Section 1506(c)(2) of VAWA–2000 is amended—

(A) in the matter before clause (i) of subparagraph (A), by striking 

‘‘Notwithstanding any limitation imposed by law on motions to reopen or 

rescind deportation’’ inserting ‘‘Notwithstanding any limitation on the number of motions, or the deadlines for filing motions (including the deadline 

specified in section 242B(c)(3) of the Immigration and Nationality Act before the title III–A effective date), to reopen or rescind deportation or exclusion’’; 

(B) in the matter before clause (i) of subparagraph (A), by striking 

‘‘there is no time limit on the filing of a motion’’ and all that follows 

through ‘‘does not apply’’ and inserting ‘‘such limitations shall not apply to 

the filing of a single motion under this subparagraph to reopen such proceedings’’; 

(C) by adding at the end of subparagraph (A) the following: 

‘‘The filing of a motion under this subparagraph shall stay the removal of 

the alien pending a final disposition of the motion including the exhaustion 

of all appeals if the motion establishes a prima facie case for the relief applied for. ’’; 

(D) in subparagraph (B), by inserting ‘‘who are physically present in 

the United States and’’ after ‘‘filed by aliens’’; and 

80 

(E) in subparagraph (B)(i), by inserting ‘‘or exclusion’’ after ‘‘deportation’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take 

effect on the date of the enactment of this Act. 

SEC. 937. REMOVAL PROCEEDINGS. 

(a) TREATMENT OF BATTERY OR EXTREME CRUELTY AS EXCEPTIONAL CIRCUMSTANCES.—Section 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is amended by inserting ‘‘battery or extreme cruelty of the alien or any child or parent of the alien 

or’’ after ‘‘exceptional circumstances (such as’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect 

on the date of the enactment of this Act and shall apply to a failure to appear that 

occurs before, on, or after such date. 

SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO THE RELIEF 

AVAILABLE IN VAWA–2000 CANCELLATION FOR BIGAMY. 

Section 244(a)(3) of 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) shall be applied as if ‘‘or by a United States citizen 

or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or permanent resident’s bigamy’’ were inserted after ‘‘by a spouse or parent who is a United States 

citizen or lawful permanent resident’’. 

SEC. 939. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE PROVISIONS. 

(a) CUBAN ADJUSTMENT PROVISION.—The last sentence of the first section of 

Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note), as amended by section 

1509(a) of VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and inserting 

‘‘204(a)(1)(J)’’. 

(b) NACARA.—Section 202(d)(3) of the Nicaraguan Adjustment and Central 

American Relief Act (8 U.S.C. 1255 note; Public Law 105–100), as amended by section 1510(a)(2) of VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and inserting 

‘‘204(a)(1)(J)’’. 

(c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Illegal Immigration and Reform 

and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 

U.S.C. 1101 note), as amended by section 1510(b)(2) of VAWA–2000, is amended by 

striking ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

(d) HRIFA.—Section 902(d)(1)(B)(iii) of the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) of Public Law 105–277; 112 Stat. 

2681–538), as amended by section 1511(a) of VAWA–2000, is amended by striking 

‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

(e) EFFECTIVE DATE.—The amendments made by this section shall take effect 

as if included in the enactment of VAWA–2000. 

SEC. 940. TECHNICAL CORRECTIONS. 

(a) TECHNICAL CORRECTIONS TO REFERENCES IN APPLICATION OF SPECIAL PHYSICAL PRESENCE AND GOOD MORAL CHARACTER RULES.—

(1) PHYSICAL PRESENCE RULES.—Section 240A(b)(2)(B) of the Immigration 

and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is amended—

(A) in the first sentence, by striking ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; 

and 

(B) in the fourth sentence, by striking ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this subparagraph, subparagraph (A)(ii),’’. 

(2) MORAL CHARACTER RULES.—Section 240A(b)(2)(C) of such Act (8 U.S.C. 

1229b(b)(2)(C)) is amended by striking ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall be effective as if included in the enactment of section 1504(a) of VAWA (114 Stat. 

1522). 

(b) 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 the enactment of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (Public Law 104–208). 

(c) PUNCTUATION CORRECTION.—Effective as if included in the enactment of section 5(c)(2) of VAWA–2000, section 237(a)(1)(H)(ii) of Immigration and Nationality 

Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking the period at the end and inserting ‘‘; or’’. 

81 

(d) CORRECTION OF DESIGNATION AND INDENTATION.—The last sentence of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA–2000, is amended—

(1) by striking ‘‘section 212(a)(9)(C)(i)’’ and inserting ‘‘clause (i)’’; 

(2) by redesignating paragraphs (1) and (2), and subparagraphs (A) through 

(D) of paragraph (2), as subclauses (I) and (II), and items (aa) through (dd) of 

subclause (II), respectively; and 

(3) by moving the margins of each of such paragraphs and subparagraphs 

6 ems to the right. 

(e) ADDITIONAL TECHNICAL CORRECTIONS.—(1) Section 237(a)(7)(A)(i)(I) of such 

Act (8 U.S.C. 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-defense’’ and inserting ‘‘in self-defense’’. 

(2) Section 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 

TITLE X—SAFETY ON TRIBAL LANDS 

SEC. 1001. PURPOSES. 

The purposes of this title are—

(1) to decrease the incidence of domestic violence, dating violence, sexual assault, and stalking on Tribal lands; 

(2) to strengthen the capacity of Indian tribes to exercise their sovereign 

authority to respond to domestic violence, dating violence, sexual assault, and 

stalking on Tribal lands under their jurisdiction; and 

(3) to ensure that perpetrators of domestic violence, dating violence, sexual 

assault, and stalking on Tribal lands are held accountable for their criminal behavior. 

SEC. 1002. CONSULTATION. 

(a) IN GENERAL.—The Secretary of the Interior and the Attorney General shall 

each conduct annual consultations with Indian tribal governments concerning the 

Federal administration of tribal funds and programs established under the Violence 

Against Women Act of 1994 (title IV of Public Law 103–322) and the Violence 

Against Women Act of 2000 (division B of Public Law 106–386), including consultation concerning—

(1) the timeliness of the Federal grant application and award processes; 

(2) the amounts awarded under each program directly to tribal governments, tribal organizations, and tribal nonprofit organizations; 

(3) determinations not to award grant funds; 

(4) grant awards made in violation of the eligibility guidelines to a nontribal entity; and 

(5) training, technical assistance, and data collection grants for tribal grant 

programs or programs addressing the safety of Indian women. 

(b) RECOMMENDATIONS.—During consultations under subsection (a), the Secretary 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. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON TRIBAL LANDS. 

(a) NATIONAL BASELINE STUDY.—The Attorney General, acting through the Director of the Office on Violence Against Women, shall conduct a national baseline 

study to examine violence against Indian women. 

(b) SCOPE.—

(1) IN GENERAL.—The study shall examine violence committed against Indian women, including—

(A) domestic violence; 

(B) dating violence; 

(C) sexual assault; 

(D) stalking; and 

(E) murder. 

(2) EVALUATION.—The study shall evaluate the effectiveness of Federal, 

State, tribal, and local responses to the violations described in paragraph (1) 

committed against Indian women. 

(c) TASK FORCE.—

82 

(1) 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 subsection (a). 

(2) MEMBERS.—The Director shall appoint to the task force representatives 

from— (A) national tribal domestic violence and sexual assault nonprofit organizations; 

(B) tribal governments; and 

(C) the National Congress of American Indians. 

(d) REPORT.—Not later than 2 years after the date of enactment of this Act, the 

Attorney General shall submit to Congress a report that describes the findings made 

in the study. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section $1,000,000 for each of fiscal years 2006 and 2007, to remain 

available until expended. 

SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS. 

(a) ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.—Section 534 of 

title 28, United States Code, is amended—

(1) by redesignating subsections (d) and (e) as subsection (e) and (f); and 

(2) by inserting after subsection (c) the following: 

‘‘(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, including information relating to—

‘‘(1) identification records; 

‘‘(2) criminal history records; 

‘‘(3) protection orders; and 

‘‘(4) wanted person records.’’. 

(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 2006 through 

2010, to remain available until expended. 

SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE AGAINST WOMEN. 

Part T of the Omnibus Crime Control and Safe Streets Act of 1968 is amended 

by adding after section 2015 (as added by section 604 of this Act) the following: 

‘‘SEC. 2016. TRIBAL DIVISION. 

‘‘(a) IN GENERAL.—The Director of the Office on Violence Against Women shall 

designate one or more employees, each of whom shall have demonstrated expertise 

in tribal law and practice regarding domestic violence, dating violence, sexual assault, and stalking against members of Indian tribes, to be responsible for—

‘‘(1) overseeing and managing the administration of grants to and contracts 

with Indian tribes, tribal courts, tribal organizations, tribal nonprofit organizations and the territories; 

‘‘(2) ensuring that, if a grant or a contract pursuant to such a grant is made 

to an organization to perform services that benefit more than one Indian tribe, 

the approval of each Indian tribe to be benefited shall be a prerequisite to the 

making of the grant or letting of the contract; 

‘‘(3) assisting in the development of Federal policy, protocols, and guidelines 

on matters relating to domestic violence, dating violence, sexual assault, and 

stalking against members of Indian tribes; 

‘‘(4) advising the Director of the Office on Violence Against Women concerning policies, legislation, implementation of laws, and other issues relating 

to domestic violence, dating violence, sexual assault, and stalking against members of Indian tribes; 

‘‘(5) representing the Office on Violence Against Women in the annual consultations under section 1002 of the Violence Against Women Reauthorization 

Act of 2005; 

‘‘(6) providing assistance to the Department of Justice to develop policy and 

to enforce Federal law relating to domestic violence, dating violence, sexual assault, and stalking against members of Indian tribes; 

83 

‘‘(7) maintaining a liaison with the judicial branches of Federal, State and 

tribal governments on matters relating to domestic violence, dating violence, 

sexual assault, and stalking against members of Indian tribes; and 

‘‘(8) ensuring that adequate tribal training, technical assistance, and data 

collection is made available to Indian tribes, tribal courts, tribal organizations, 

and tribal nonprofit organizations for all programs relating to domestic violence, 

dating violence, sexual assault, and stalking against members of Indian tribes. 

‘‘(b) AUTHORITY.—

‘‘(1) IN GENERAL.—The Director shall ensure that a portion of the tribal setaside funds from any grant awarded under the Violence Against Women Act of 

1994 (title IV of Public Law 103–322) or the Violence Against Women Act of 

2000 (division B of Public Law 106–386) is used to enhance the capacity of Indian tribes to address the safety of members of Indian tribes. 

‘‘(2) ACCOUNTABILITY.—The 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 to 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 members of Indian tribes, including sexual assault 

services, that are based upon the unique circumstances of the members of 

Indian tribes 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 memberes of Indian tribes; and 

‘‘(E) development, implementation, and maintenance of tribal electronic 

databases for tribal protection order registries. 

‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM. 

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—Of the amounts set aside for Indian tribes and tribal organizations in a program referred to in paragraph (2), the Attorney General, 

through the Director of the Office of Violence Against Women (referred to in 

this section as the ‘‘Director’’), shall take such setasides and combine them to 

establish the Safety for Indian Women Formula Grants Program, a single formula grant program to enhance the response of Indian tribal governments to 

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

made under this program shall be administered by the Tribal Division of the 

Office on Violence Against Women. 

‘‘(2) PROGRAMS COVERED.—The programs covered by paragraph (1) are the 

programs carried out under the following provisions: 

‘‘(A) Section 2007 (42 U.S.C. 3796gg–1), Grants to Combat Violent 

Crimes Against Women. 

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

‘‘(C) Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 

3796gg-6), Legal Assistance for Vicitms. 

‘‘(D) Section 1301 of the Violence Against Women Act of 2000 (42 

U.S.C. 10420), Safe Havens for Children Pilot Program. 

‘‘(E) Section 40295 of the Violence Against Women Act of 1994 (42 

U.S.C. 13971), Rural Domestic Violence and Child Abuser Enforcement Assistance. 

‘‘(F) Section 41002 of the Violence Against Women Act of 1994, Grants 

for Court Training and Improvements. 

‘‘(G) Section 2014(b) Sexual Assault Services Program, Grants to 

States, Territories and Indian Tribes. 

‘‘(H) Title VII, section 41201, Grants for Training and Collaboration on 

the Intersection Between Domestic Violence and Child Maltreatment. Section 41202, Services to Advocate For and Respond to Teens. 

‘‘(I) Section 704, Grants to Combat Domestic Violence, Dating Violence, 

Sexual Assault, and Stalking In Middle And High Schools. 

‘‘(b) PURPOSE OF PROGRAM AND GRANTS.—

‘‘(1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by 

this section is to assist Indian tribal governments to develop and enhance effective governmental strategies to curtail violent crimes against and increase the 

84 

safety of members of Indian tribes consistent with tribal law and custom, specifically the following: ‘‘(A) To increase tribal capacity to respond to domestic violence, dating 

violence, sexual assault, and stalking crimes against members of Indian 

tribes. ‘‘(B) To strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation, correctional facilities; and enhance services to members of Indian tribes victimized by domestic violence, 

dating violence, sexual assault, and stalking. 

‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The Director may make 

grants to Indian tribes for the purpose of enhancing participating tribes’ capacity to address the safety of members of Indian tribes. Each participating tribe 

shall exercise its right of self-determination and self-governance in allocating 

and using funds made available under the program. Each participating tribe 

may use funds under the program to support its specific tribally based response 

to increasing the safety of members of Indian tribes. Grants under the program 

shall support the governmental efforts identified by the Indian tribe required 

according to its distinctive ways of life to increase the safety of members of Indian tribes from crimes of sexual assault, domestic violence, dating violence, 

stalking, kidnapping, and murder. 

‘‘(c) DISBURSEMENT.—Not later than 120 days after the receipt of an application 

under this section, the Attorney General, through the Director, shall—

‘‘(1) disburse the appropriate sums provided for under this section; or 

‘‘(2) inform the Indian tribe why the application does not conform to the 

terms of the application requirements. 

‘‘(d) REQUIRED PROCEDURES.—

‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later than 60 days after receiving 

an appropriation of funds supporting the program required by this section, Director shall—

‘‘(A) publish in the Federal Register notification of—

‘‘(i) the availability of those funds to Indian tribes; 

‘‘(ii) the total amount of funds available; and 

‘‘(iii) the process by which tribes may participate in the program; 

and 

‘‘(B) mail each Indian tribe a notification of the matters required by 

subparagraph (A), together with instructions on the process, copies of application forms, and a notification of the deadline for submission of an application. 

‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.—No later than 180 days after receiving an appropriation referred to in paragraph (1), the Director shall distribute and make accessible those funds to Indian tribes opting to participate 

in the program. 

‘‘(3) FORMULA.—The Director shall distribute those funds according to the 

following formula: —

‘‘(A) 60 percent of the available funds shall be allocated equally to all 

Indian tribes who exercise the option to access the funds, 

‘‘(B) The remaining 40 percent shall be allocated to the same Indian 

tribes on a per capita basis, according to the population residing in the respective Indian tribe’s service area. 

‘‘(4) SET-ASIDE.—No later than 120 days after receiving an appropriation referred to in paragraph (1), the Director shall set aside not less than 5 percent 

and up to 7 percent of the total amount of those funds for the purpose of entering into a cooperative agreement or contract with one or more tribal organizations with demonstrated expertise in providing training and technical assistance 

to Indian tribes in addressing domestic violence, dating violence, sexual assault, 

and stalking against members of Indian tribes, tribal law, and customary 

pratices. At least one of the cooperative agreements or contracts shall be entered into with a single tribal organization to provide comprehensive technical 

assistance to participating tribal governments. Such training and technical assistance shall be specifically designed to address the unique legal unique legal 

status, distinct cultural ways of life, and geographic circumstances of the Indian 

tribes receiving funds under the program. 

‘‘(e) RECIPIENT REQUIREMENTS.—

‘‘(1) IN GENERAL.—Indian tribes may receive funds under the program required by this section as individual tribes or as a consortium of tribes. 

‘‘(2) SUBGRANTS AND OTHER ARRANGEMENTS.—Participating tribes may 

make subgrants or enter into contracts or cooperative agreements with the 

funds under the program to enhance the safety of, and end domestic violence, 

dating violence, sexual assault, and stalking against, members of Indian tribes. 

85 

‘‘(3) SET ASIDE.—Participating tribes must set aside no less than 50 percent 

of their total allocation under this section for tribally specific domestic violence, 

dating violence, sexual assault, or stalking victim services and advocacy for 

members of Indian tribes. The services supported with funds under the program 

must be designed to address the unique circumstances of the individuals to be 

served, including the customary practices and linguistic needs of the individuals 

within the tribal community to be served. Tribes shall give preference to tribal 

organizations or tribal nonprofit organizations providing advocacy services to 

members of Indian tribes within the community to be served such as a safety 

center or shelter program for members of Indian tribes. In the case where the 

above organizations do not exist within the participating tribe, the participation 

and support from members of Indian tribes in the community to be served is 

sufficient to meet this requirement. 

‘‘(f) ADMINISTRATION REQUIREMENTS.— ‘‘(1) APPLICATION.—To reduce the administrative burden for Indian tribes, 

the Director shall prepare an expedited application process for Indian tribes 

participating in the program required by this section. The expedited process 

shall facilitate participating tribes’ submission of information— ‘‘(A) outlining project activities; 

‘‘(B) describing how the project activities will enhance the Indian tribe’s response to domestic violence, dating violence, sexual assault, and stalking 

against members of Indian tribes; and ‘‘(C) identifying the tribal partner providing advocacy and related services for members of Indian tribes who are victims of crimes of domestic violence, dating violence, sexual assault, and stalking. 

‘‘(2) REPORTING AND EVALUATION.—The Director shall alleviate administrative burdens upon participating Indian tribes by— ‘‘(A) developing a reporting and evaluation process relevant to the distinct governance of Indian tribes; ‘‘(B) requiring only essential data to be collected; and 

‘‘(C) limiting reporting to an annual basis. ‘‘(3) GRANT PERIOD.—The Director shall award grants for a two-year period, 

with a possible extension of another two years to implement projects under the 

grant. 

‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT REQUIRED.— ‘‘(1) IN GENERAL.—Given the unique political relationship between the 

United States and Indian tribes differentiates tribes from other entities that 

deal with or are affected by, the Federal Government, the Director shall not require an Indian tribe to match funds under this section, except as provided in 

paragraph (2). ‘‘(2) EXCEPTION.—If the Director determines that an Indian tribe has adequate resources to comply with a matching requirement that would otherwise 

apply but for the operation of paragraph (1), the Director may waive the operation of paragraph (1) for that tribe. 

‘‘(h) EVALUATION.—The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated 

expertise in domestic violence, dating violence, sexual assault, and stalking and 

knowledge and experience in— ‘‘(1) the development and delivery of services to members of Indian tribes 

who are victimized; ‘‘(2) the development and implementation of tribal governmental responses 

to such crimes; and ‘‘(3) the traditional and customary practices of Indian tribes to such 

crimes.’’. 

SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF PROSECUTION OF SEXUAL ASSAULT 

AND DOMESTIC VIOLENCE ON TRIBAL LANDS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Comptroller General of the United States shall submit to the Congress a 

report on the prosecution of sexual assault and domestic violence committed against 

adult American Indians and Alaska Natives. 

(b) CONTENTS OF REPORT.—The report required by subsection (a) shall include 

the following: 

(1) An assessment of the effectiveness of prosecution of such cases by the 

United States district attorneys of such cases. 

(2) For each district containing Indian country, a summary of the number 

of sexual assault and domestic violence related cases within Federal criminal 

jurisdiction and charged according to the following provisions of title 18, United 

States Code: Sections 1153, 1152, 113, 2261(a)(1)(2), 2261A(1), 2261A(2), 

2261(a)(1)(2), and 922(g)(8). 

86 

(3) A summary of the number of—

(A) reports received; 

(B) investigations conducted; 

(C) declinations and basis for declination; 

(D) prosecutions, including original charge and final disposition; 

(E) sentences imposed upon conviction; and 

(F) male victims, female victims, Indian defendants, and non-Indian defendants. 

(3) The priority assigned by the district to the prosecution of such cases and 

the percentage of such cases prosecuted to total cases prosecuted. 

(4) Any recommendations by the Comptroller General for improved Federal 

prosecution of such cases. 

(c) YEARS COVERED.—The report required by this section shall cover the years 

2000 through 2005. 

PURPOSE AND SUMMARY

H.R. 3402, the ‘‘Department of Justice Appropriations Authorization Act, Fiscal Years 2006 Through 2009’’ establishes spending 

levels of programs within the Department of Justice (‘‘DOJ’’ or ‘‘Department’’). Titles I through III establish spending levels for fiscal 

years 2006 through 2009. Titles IV through X authorize programs 

for fiscal years 2006 through 2010. Title I provides the authorizations for appropriations for the various activities of the Department. Title II reforms various Department of Justice grant programs. Title III modifies various Department authorizing statutes. 

Title IV through title X of the bill reauthorize, improve and establish programs within the Violence Against Women Act (‘‘VAWA’’) 

within the DOJ, many of which are set to expire on September 30, 

2005. 

Titles I-III of H.R. 3402 contain many of the provisions contained 

in H.R. 3036 (108th Congress) with modified authorization levels. 

A small number of the provisions contained in that legislation were 

excluded from H.R. 3402 because those provisions were enacted 

elsewhere or are no longer timely. A small number of additional 

provisions are contained in H.R. 3402 to address programs which 

are set to expire such as the Juvenile Accountability Block Grants 

program and the Sex Offender Management program. 

Titles IV-X of H.R. 3402 contain grant programs to States and 

local governments to combat domestic violence, dating violence, 

sexual assault and stalking that are within the jurisdiction of the 

Committee on the Judiciary. These sections reauthorize core DOJ 

programs to combat domestic violence and make improvements to 

those grant programs to further enhance programs to combat domestic violence, dating violence, sexual assault and stalking. The 

bill reauthorizes the Services Training Officers Prosecutors 

(‘‘STOP’’) program, which provides State formula grants that help 

fund collaboration efforts among police, prosecutors and victim 

services providers. The legislation also reauthorizes grants to encourage arrest programs that provide funds to communities to develop and strengthen programs and policies that encourage police 

officers to arrest abusers who commit acts of violence or violate 

protection orders. Additionally, the bill authorizes several new programs that include grants to improve training for court officials 

and law enforcement personnel, and to encourage community based 

solutions to domestic violence. 

87 

BACKGROUND AND NEED FOR THE LEGISLATION

A. STATUTORY AUTHORIZATION AUTHORITY

‘‘Authorization’’ is the process by which Congress creates, 

amends, and extends programs in executive agencies. The authorization process is an important oversight tool that Congress and 

committees of jurisdiction can employ. Through authorization legislation, authorizing committees establish programs, their objectives, 

and the upper limits for spending on them. Once a Federal program has been authorized, the actual budget authority for the program is set out in appropriations bills. 

The Department of Justice, established in 1870 by an act of Congress, is an executive department of the Federal Government under 

the direction and control of the Attorney General. (12 Stat. 162 

(1870)); (28 U.S.C. §§ 501, 503). Except as otherwise authorized by 

law, the Justice Department has ‘‘[p]rimary responsibility for representing the United States, its agencies, and officers in the courts 

of the United States’’ and, if necessary or appropriate, in State and 

local courts. (U.S. Dep’t of Justice, Revised Edition of Compendium 

on Agency Litigation Authority 1–1 (Sept. 2000)); (28 U.S.C. 

§§ 516–19, 547); (5 U.S.C. § 3106). In addition, Congress has authorized executive departments, independent agencies, and government corporations to appear in court through their own counsel 

under certain circumstances. (Id.) 

Congressional authorization of appropriations for the Justice Department is required by law. (Pub. L. No. 94–503, Title II, § 204, 

90 Stat. 2427 (1976)). The Crime Control Act of 1976 provided that: 

No sums shall be deemed to be authorized to be appropriated 

for any fiscal year beginning on or after October 1, 1978, for 

the Department of Justice (including any bureau, agency, or 

other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. 

(Id.) Notwithstanding this statutory authority, until recently the 

Justice Department had not been formally authorized by Congress 

since 1980. (Pub. L. No. 96–397, 94 Stat. 1563 (1980)). However, 

in 2001, Chairman Sensenbrenner introduced H.R. 2215, the ‘‘21st 

Century Department of Justice Appropriations Authorization Act.’’

This authorizing legislation was enacted into law on November 2, 

2002. Pub. L. No. 107–273. This legislation fully authorized the appropriations requested by the President for fiscal years 2002 and 

2003, strengthened legislative oversight of the Department of Justice by bolstering the authority of the Department’s Inspector General, required disclosure of additional information on the operation 

of the Office of Justice Programs, created additional Federal judgeships, and contained several legislative initiatives that had passed 

the House but received no floor vote in the Senate. 

In the 108th Congress, this Committee and the House of Representatives passed legislation, H.R. 3036, on a bipartisan basis 

and under suspension of the rules, to reauthorize, improve and establish programs at the Department of Justice for fiscal years 2004 

through 2006. This legislation was never acted upon by the Senate, 

and therefore, never became law. Titles I-III of H.R. 3402 contain 

many of these provisions. In addition to these programs, the legislation adds reauthorization of grant programs to combat domestic 

88 

violence, dating violence, sexual assault and stalking that are within the jurisdiction of the Committee and are set to expire this fiscal 

year. 

The Committee on the Judiciary has authorizing jurisdiction over 

the Department of Justice. The Justice Department is presently 

comprised of over 50 separate components, including the Federal 

Bureau of Investigation, the U.S. Attorneys, the U.S. Marshals 

Service, the Drug Enforcement Administration, the Bureau of Prisons, the Office of Solicitor General, the Office of Justice Programs, 

the Bureau of Alcohol, Tobacco, Firearms and Explosives, the various litigating divisions, and others. 

H.R. 3402 reflect’s the Committee on the Judiciary’s continuing 

commitment to the authorization process. The highlights of H.R. 

3402 are set forth below. 

B. TITLE I—AUTHORIZATION OF APPROPRIATIONS

Title I contains authorizations of appropriations for the Department’s various programs for fiscal years 2006 through 2009. These 

authorization levels are based on the FY 2006 authorized amounts 

in H.R. 3036 (108th Congress) and the President’s budget request. 

For each fiscal year, the authorizations are increased for inflation. 

The Committee went beyond the Administration’s request for FY 

2006 for the Office of the Inspector General, fees and expenses for 

witnesses, and the administration of the grant program offices including COPS, OJP and VAWA. 

C. TITLE II—REFORM OF THE DEPARTMENT’S GRANT PROGRAMS

Title II generally reforms the Justice Department’s grant programs, most of which are run through the Office of Justice Programs (‘‘OJP’’) or the Community Oriented Policing Services 

(‘‘COPS’’) Office. The Committee believes that many of the programs that these two offices administer are worthwhile and should 

be continued. The Committee also believes that the Justice Department has made many administrative reforms in the last several 

years that have greatly increased the efficiency of these programs. 

The reforms in H.R. 3402 are intended to build on that progress 

and should not be interpreted to indicate any lack of support for 

that work. In fact, most of the measures included in title II originated from a proposal formally submitted to the Congress by the 

Administration on June 4, 2003. 

Title II makes numerous changes to DOJ’s various grant programs many of which are relatively minor. Each of these is discussed in the section by section analysis below. The discussion in 

this section will focus on the most significant of the changes. 

1. Merger of Byrne and LLEBG Programs 

Section 201 merges the current Byrne Grant Program (both the 

formula and discretionary aspects) and the Local Law Enforcement 

Block Grant Programs (LLEBG) into one new Edward Byrne Memorial Justice Assistance Grant Program. This will allow States 

and local governments to make one application for this money annually for a 4-year term. 

The formula for distributing these grants combines elements of 

the current Byrne and LLEBG formulas. For allocating money to 

the States, each State automatically receives 0.25 percent of the 

89 

total. Of the remaining amount, 50 percent is divided up among the 

States according to population (the method currently used under 

Byrne) and 50 percent is divided up based on the violent crime rate 

(the method currently used under LLEBG). 

Each State’s allocation is then divided among State and locals in 

the following manner. Sixty percent of the allocation goes to the 

State. Then, that 60 percent is divided between State and locals 

based on their relative percentages of overall criminal justice 

spending within the State. The State keeps its portion of the 60% 

and gives out the local portion in the State’s discretion. This follows how Byrne formula grants are now administered. 

The remaining 40 percent of the State’s allocation goes directly 

to the local governments from OJP. Each class of local governments 

(e.g., cities, counties, townships, etc.) gets a share based on its relative percentage of local criminal justice spending within the State. 

Within each class, the class’s share is divided up between the local 

governments in that class based on their crime rate. This is similar 

to how LLEBG grants are now done. The Committee believes it has 

devised a formula that gives all the recipients an amount that is 

as close as possible to the amount they would receive under current 

law. 

The bill authorizes $1.095 billion for the combined grant program 

which represents a 2 percent increase over the amount appropriated for both programs in Fiscal Year 2006 and such sums as 

may be necessary for 2007–2009. A new feature of the program is 

that States will be allowed to keep grant funds in interest bearing 

accounts until spent and then keep the interest. However, all 

money must be spent during the 4-year grant period. In addition, 

the new program consolidates the current 28 specific purposes for 

Byrne grants and 9 specific purposes for LLEBG grants into six 

broad purposes intended to cover the same ground while giving 

more flexibility to use the grants constructively. 

The Committee believes that these reforms will work to give 

State and local governments more flexibility to spend money for 

programs that work for them rather than to impose a ‘‘one size fits 

all’’ solution. In addition, the reforms should lessen the administrative burden of applying for the grants. 

2. Authorization of Weed and Seed Program 

In 1991, DOJ established the Executive Office of Weed and Seed 

by administrative action. This program is a community-based multi 

agency approach to law enforcement, crime prevention, and neighborhood restoration. It has been successful, but it has never been 

permanently authorized. Section 211 creates a new Office of Weed 

and Seed Strategies. This office will replace the current Executive 

Office of Weed and Seed, and for the first time, this program will 

have a specific authorization. 

3. Overall Management of OJP and COPS 

Despite the laudable progress that the Department has made in 

the last several years, the Committee believes that additional 

measures are needed to instill a culture of accountability at OJP 

and COPS. Accordingly, the bill establishes three new offices within OJP: an Office of Audit, Assessment, and Management; a Community Capacity Development Office; and an Office of Applied Law 

90 

Enforcement Technology. It also contains several other provisions 

designed to improve the management of OJP and COPS. 

Section 248 creates the new Office of Audit, Assessment, and 

Management within OJP. This office is authorized to audit, exercise corrective actions with respect to, and manage information 

with respect to, the COPS programs, any grant program carried 

out by OJP, and any other grant program carried out by DOJ that 

the Attorney General considers appropriate. This will include establishing and maintaining an automated information management 

system to track all grants. The Office of Audit, Assessment, and 

Management will report directly to the Office of the Assistant Attorney General. 

This office will address many of the problems that came to light 

during the Subcommittee on Crime, Terrorism, and Homeland Security’s oversight hearings, particularly the lack of monitoring and 

outcome-based evaluations of OJP programs. This office will also 

address findings by the Department’s Inspector General regarding 

failures to adequately review grant applications and undertake 

more aggressive and timely corrective action on audit findings, especially with grantees who do not comply with grant terms. A strategic objective of the Department of Justice for the Office of Justice 

Programs is to ensure meaningful outcomes, appropriate fiscal 

management, and accountability. This new office will help the Department achieve those objectives. 

The new office will audit grants representing 10 percent of all 

funds awarded by the programs that it covers each year. Not to exceed 5 percent of the funding for each program that the new office 

covers shall be reserved to fund the office. 

Section 249 creates a new Community Capacity Development Office within OJP. The Office will report directly to the Assistant Attorney General. This office will provide training on a regional and 

local basis to actual and prospective participants in the COPS programs, any grant program carried out by OJP, and any other grant 

program carried out by DOJ that the Attorney General considers 

appropriate. The office will also identify best practices for grantees 

and incorporate such practices into its training. Not to exceed 5 

percent of the funding for each program that the new office covers 

shall be reserved to fund the office. 

Section 250 creates an Office of Applied Law Enforcement Technology headed by a Director appointed by the Attorney General. 

This office will ensure that grant moneys provided to law enforcement for computer systems will be spent for equipment and software that is of good quality and suitable for its intended purposes. 

The Director and the Office will provide leadership and focus so 

grants that are made for use or improvement of law enforcement 

computer systems ensure that recipients of such grants will use 

such systems to participate in crime reporting programs administered by the Department. This will correct past practices of little 

or no coordination between Federal grant funds spent by localities 

on computer systems and the crime reporting programs authorized 

by Congress and administered by the Department of Justice. 

Section 251 provides that unless otherwise specifically provided 

by an authorizing statute, money appropriated for grants in fiscal 

year 2006 and any subsequent fiscal year shall remain available to 

be awarded and distributed to grantees for the year appropriated 

91 

and three subsequent fiscal years. If the money is reprogrammed, 

the time period begins again. It further provides that money distributed to grantees must be spent within the time period provided 

by the grant. In either case, money not meeting the requirement 

shall revert to the Treasury. This change will provide an incentive 

to get grant funds spent for their intended purposes rather than 

languishing at OJP or at the offices of the grantee. 

Section 252 requires the Assistant Attorney General of the Office 

of Justice Programs to make two significant financial management 

reforms: (1) consolidate all accounting activities of OJP into a single financial management system under the direct management of 

the Office of the Comptroller by September 30, 2010, and (2) consolidate all procurement activities of OJP into a single procurement 

system under the direct management of the Office of Administration by September 30, 2008. 

The Assistant Attorney General is required to begin the consolidation of accounting activities under the Office of the Comptroller 

and the consolidation of procurement activities under the Office of 

Administration. The Office of Administration is to begin the consolidation of procurement operations and financial management 

systems into a single financial system. 

The Committee believes that these changes in Sections 248–52 

form one integrated package of management reforms that will 

greatly enhance the efficiency of OJP and COPS and help them to 

achieve their missions. 

D. TITLE III—MISCELLANEOUS PROVISIONS

Title III makes a number of miscellaneous technical changes to 

statutes involving the Department, in addition to several substantive changes. 

Section 304 is intended to ensure that the Justice Department 

uses the most cost-effective training and meeting facilities for its 

employees. For any predominantly internal training or conference 

meeting, it requires the Justice Department to use only a facility 

that does not require a payment to a private entity for the use of 

such facility, unless specifically authorized in writing by the Attorney General. It further requires the Attorney General to prepare 

an annual report to the Chairmen and Ranking Members of the 

House and Senate Judiciary Committees that details each training 

or conference meeting requiring authorization. The report must 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. The Committee believes that this section will 

limit the practice of renting private facilities for Department retreats, conferences, meetings, and the like when Federal facilities 

are available for the same purpose. 

Section 305 establishes a statutory privacy officer within the Department. It is intended to ensure that the Department safeguards 

personally identifiable information and complies with fair information practices pursuant to 5 U.S.C. § 552a. The responsibilities of 

the privacy officer will include: (1) assuring that the Department’s 

use of technologies does not erode privacy protections relating to 

the use, collection, and disclosure of personally identifiable information; (2) ensuring that such information is handled in full comVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00095 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
92 

pliance with fair information practices; (3) evaluating legislative 

and regulatory proposals concerning the collection, use, and disclosure of such information by the Federal Government; (4) conducting a privacy impact assessment of the Department’s proposed 

rules on the privacy of such information; (5) reporting to Congress 

on the Department’s activities that affect privacy; (6) ensuring that 

the Department protects such information and its information systems from unauthorized access, use, disclosure, disruption, modification, or destruction; and (7) advising the Attorney General and 

Director of the Office of Management and Budget on information 

security and privacy issues pertaining to Federal Government information systems. 

Section 306 is intended to ensure the United States Trustee Program (a component of the Justice Department) actively identifies 

matters warranting criminal referrals and undertakes efforts to 

prevent bankruptcy fraud and abuse. It requires the Director of the 

Executive Office for United States Trustees to prepare an annual 

report to the Congress detailing: (1) the number and types of criminal referrals made by the Program; (2) the outcomes of each criminal referral; (3) any decrease in the number of criminal referrals 

from the previous year; and (4) the Program’s efforts to prevent 

bankruptcy fraud and abuse, particularly with respect to a debtor’s 

failure to disclose assets. 

Section 307 was added by an amendment offered by Representative Adam Schiff. Section 307 requires the Attorney General to submit an annual report to Congress specifying the number of United 

States persons or residents detained on suspicion of terrorism and 

specifying 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. 

E. COPS CONSOLIDATION

During the Committee on the Judiciary’s markup of H.R. 3036, 

in the 108th Congress, Members of the Committee agreed in principle to consolidate a variety of programs within the COPS office 

into one single grant program encompassing all of the grant purposes that these programs currently encompass and allowing 

grants to be used for law enforcement devoted to homeland security 

and anti-terrorism efforts. As with the Byrne-LLEBG merger, this 

consolidation will allow State and local governments more flexibility to spend the money for programs that work in their locality 

while easing the administrative burden of applying to a different 

program for each different purpose. 

F. VIOLENCE AGAINST WOMEN ACT REAUTHORIZATION (‘‘VAWA’’)

The VAWA was first enacted in 1994, and was reauthorized in 

2000. The authorization for many of VAWA programs is set to expire on September 30, 2005. Titles IV through title X reauthorize 

and improve core programs until FY 2010 to address domestic violence, dating violence, sexual assault, and stalking. These titles 

also establish new programs to address missing elements in the 

fight against violence such as training for court personnel, training 

of school personnel, and utilization of community-based approaches. 

93 

G. MANAGER’S AMENDMENT

A manager’s amendment offered by Chairman Sensenbrenner 

and Ranking Member Conyers was accepted at markup to include 

some important priorities of Committee Members, including authorizations for the Department of Justice to focus on individuals 

who operate organized theft rings or engage in human trafficking. 

Additional provisions of the manager’s amendment authorized 

grants for gang resistance education and encouraged current juvenile offender grant programs to focus on bullying prevention. 

HEARINGS

Following House passage of the ‘‘21st Century Department of 

Justice Authorization of Appropriations Act,’’ the Judiciary Committee has continued to maintain an active role overseeing the Justice Department. While hearings on H.R. 3402, were held before 

the Committee, the full committee and several subcommittees have 

conducted oversight hearings over Justice Department components 

within their respective jurisdictions that have informed consideration of this legislation. Additionally, the legislation is substantially similar to legislation that passed the Committee and the 

House of Representatives in the 108th Congress. A number of reauthorization hearings were held by Subcommittees on these issues 

in the 108th Congress. 

COMMITTEE CONSIDERATION

On July 27, 2005, the Committee met in open session and ordered favorably reported the bill H.R. 3402 with an amendment by 

voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the committee consideration of H.R. 3402. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of Rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 3402, the following estimate and comparison prepared 

94 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 16, 2005. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has completed the enclosed cost estimate for H.R. 3402, the Department of 

Justice Appropriations Authorization Act, Fiscal Years 2006 

through 2009. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 3402—Department of Justice Appropriations Authorization 

Act, Fiscal Years 2006 through 2009. 

SUMMARY

H.R. 3402 would authorize the appropriation of funds for fiscal 

years 2006 through 2009 for many programs and agencies in the 

Department of Justice (DOJ), including the Federal Bureau of Investigation, the Drug Enforcement Administration, the United 

States Attorneys, and the Bureau of Prisons. The bill also would 

authorize funding for a few programs through 2010. H.R. 3402 

would specifically authorize the appropriation of about $95 billion 

over the 2006–2010 period for almost all agencies and programs described in the bill. For a few programs, CBO estimated the funding 

levels necessary to implement those programs because the bill 

would authorize the appropriation of such sums as necessary. 

Assuming appropriation of the specified and estimated amounts, 

CBO estimates that implementing H.R. 3402 would cost about $94 

billion over the 2006–2010 period. Spending by the four agencies 

mentioned above would account for about $59 billion of that total. 

Enacting the bill could affect direct spending and receipts, but CBO 

estimates that any such effects would not be significant. 

H.R. 3402 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

The bill would benefit State, local, and tribal governments by authorizing the appropriation of more than $12 billion over fiscal 

years 2006 through 2010 for a variety of programs to assist law enforcement agencies. Any costs to those governments would be incurred voluntarily as a condition of receiving federal assistance. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 3402 is shown in the following table. The cost of this legislation falls within budget function 750 (administration of justice). 

95 

By Fiscal Year, in Millions of Dollars 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law 

Budget Authority 1 19,422 0 0 0 0 0 

Estimated Outlays 20,351 5,807 2,564 1,270 617 142 

Proposed Changes 

Specified Authorization Level 0 22,968 22,739 23,721 24,750 592 

Estimated Outlays 0 16,411 19,989 22,782 24,475 6,322 

Estimated Authorization Level 0 15 1,204 1,233 1,264 21 

Estimated Outlays 0 14 631 887 1,218 969 

Spending Under H.R. 3402 

Estimated Authorization Level 19,422 22,983 23,943 24,955 26,014 613 

Estimated Outlays 20,351 22,231 23,184 24,939 26,310 7,432 

NOTE: Numbers may not sum to totals because of rounding. 

1. Appropriations for the programs that would be authorized by the bill summed to $19.4 billion in fiscal year 2005. 

BASIS OF ESTIMATE

CBO estimates that implementing H.R. 3402 would cost about 

$94 billion over the next five years, assuming appropriation of the 

necessary funds. Enacting the bill could affect direct spending and 

receipts, but we estimate that any such effects would not be significant. 

Spending Subject to Appropriation 

For this estimate, CBO assumes that the amounts specifically 

authorized by the bill will be appropriated near the start of each 

fiscal year and that spending will follow the historical spending 

rates for the authorized activities. We expect a few programs to 

spend additional funds more slowly than the historical rates because the bill would authorize substantial increases in funding, relative to the amounts appropriated for 2005. 

H.R. 3402 would authorize the appropriation of about $1.1 billion 

and $60 million in 2006, and such sums as necessary for subsequent years, for the Edward Byrne Memorial Justice Grant Program and for the Office of Weed and Seed Strategies, respectively. 

For those two law-enforcement grant programs, CBO estimated the 

necessary funding levels in future years by adjusting 2006 funding 

for anticipated inflation. In addition, based on information from 

DOJ, CBO estimated the cost for a new office to coordinate the various grant programs that improve technology. CBO estimates that 

operations of the bill’s proposed Office of Applied Law Enforcement 

Technology would cost $45 million over the 2006–2010 period. 

In addition, based on information from DOJ, CBO estimates that 

increased protection for immigrant victims of violence authorized 

by the bill would cost $49 million over the five-year period. 

Under current law, the Antitrust Division of DOJ is authorized 

to collect premerger filing fees and spend such collections without 

further appropriation action. CBO assumes that the amounts authorized to be appropriated in H.R. 3402 for the Antitrust Division 

are in addition to this current spending authority. 

96 

Direct Spending and Revenues 

H.R. 3402 would broaden the coverage of current laws against 

certain offenses committed in correctional facilities, thus enabling 

the Government to pursue cases that it otherwise would not be 

able to prosecute. Because those prosecuted and convicted under 

H.R. 3402 could be subject to criminal fines, the Federal Government might collect additional fines if the legislation is enacted. 

Criminal fines are recorded as revenues, then deposited in the 

Crime Victims Fund and later spent. CBO expects that any additional revenues and direct spending would not be significant because of the relatively small number of cases affected. 

ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

H.R. 3402 contains no intergovernmental mandates as defined in 

UMRA. The bill would benefit State, local, and tribal governments 

by authorizing the appropriation of more than $12 billion over fiscal years 2006 through 2010 for a variety of programs to assist law 

enforcement agencies. Any costs to those governments would be incurred voluntarily as a condition of receiving federal assistance. 

ESTIMATED IMPACT ON THE PRIVATE SECTOR

This bill contains no new private-sector mandates as defined in 

UMRA. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz and Gregory Waring (226–2860) 

Impact on State, Local, and Tribal Governments: Melissa Merrell 

(225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Deputy Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

In compliance with clause 3(c)(4) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth the following 

performance goals and objectives. 

The Committee expects that OJP and COPS will vigorously implement the various reforms contained in sections 248–52 to bring 

about greater efficiency and accountability in the programs administered by those offices. The Committee will closely monitor that 

implementation to determine whether they are being faithfully executed and whether further legislation is necessary to foster a culture of accountability. 

The Committee expects that the Department of Justice will continue to make combating domestic violence, dating violence, sexual 

assault and stalking a priority in light of the reauthorization and 

improvements to the Violence Against Women Act included in H.R. 

3402. 

97 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title; Table of Contents 

Section 1 provides that the bill may be cited as the ‘‘Department 

of Justice Appropriations Authorization Act,’’ Fiscal Years, 2004 

through 2006 and sets forth the table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS

Section 101. Authorization of Appropriations for Fiscal Year 2006 

Section 101 sets forth specific sums authorized to be appropriated to carry out the activities of the Department of Justice for 

Fiscal Year 2006. 

Section 102. Authorization of Appropriations for Fiscal Year 2007 

Section 102 sets forth specific sums authorized to be appropriated to carry out the activities of the Department of Justice for 

Fiscal Year 2007. 

Section 103. Authorization of Appropriations for Fiscal Year 2008 

Section 103 sets forth specific sums authorized to be appropriated to carry out the activities of the Department of Justice for 

Fiscal Year 2008. 

Section 104. Authorization of Appropriations for Fiscal Year 2009 

Section 104 sets forth specific sums authorized to be appropriated to carry out the activities of the Department of Justice for 

Fiscal Year 2009. 

Section 105. Organized Retail Theft 

This section directs the FBI to establish a task force to provide 

expertise to the private sector to enhance efforts to combat organized retail theft and establish databases tracking patterns of 

theft. Additionally, this section allows for grants to state and local 

law enforcement agencies for costs associated with participating in 

the database project. The legislation authorizes $5 million for FY 

2006 through FY 2009 to carry out this section. 

TITLE II—IMPROVING THE DEPARTMENT OF JUSTICE’S

GRANT PROGRAMS

Section 201. Merger of Byrne Grant and Local Law Enforcement 

Block Grant Program 

Section 201 merges the current Byrne Grant Program (both formula and discretionary) and the Local Law Enforcement Block 

Grant Programs into one new Edward Byrne Memorial Justice Assistance Grant Program. This will allow States and local governments to make one application for this money annually for a 4-year 

term. 

98 

The formula for distributing these grants combines elements of 

the current Byrne and LLEBG formulas. For allocating money to 

the States, each State automatically receives 0.25 percent of the 

total. Of the remaining amount, 50 percent is divided up among the 

States according to population (the method currently used under 

Byrne) and 50 percent is divided up based on the violent crime rate 

(the method currently used under LLEBG). 

Each State’s allocation is then divided among State and locals in 

the following manner. Sixty percent of the allocation goes to the 

State. Then, that 60 percent is divided between State and locals 

based on their relative percentages of overall criminal justice 

spending within the State. The State keeps its portion of the 60 

percent and gives out the local portion in the State’s discretion. 

This follows how Byrne formula grants are now done. 

The remaining 40% of the State’s allocation goes directly to the 

local governments from OJP. Each class of local governments (e.g., 

cities, counties, townships, etc.) gets a share based on its relative 

percentage of local criminal justice spending within the State. 

Within each class, the class’s share is divided up between the local 

governments in that class based on their crime rate. This is similar 

to how LLEBG grants are now done. 

The bill authorizes $1.075 billion for the program. A new feature 

of the program is that States will be allowed to keep grant funds 

in interest bearing accounts until spent and then keep the interest. 

However, all money must be spent during the 4-year grant period. 

In addition, the new program consolidates the current 28 specific 

purposes for Byrne grants and 9 specific purposes for LLEBG 

grants into 6 broad purposes intended to cover the same ground 

while giving more flexibility to use the grants constructively. 

Section 202. Clarification of Number of Recipients who may be Selected in a Given Year to Receive Public Safety Officer Medal 

of Valor 

Section 202 amends the Public Safety Officer Medal of Valor Act 

of 2001. As enacted, the Act provided that no more than five medals may be awarded per year and that they may only be awarded 

to individuals. In some instances, the acts of valor are performed 

by teams of individuals rather than one person. To address this 

problem, section 202 amends the Act to provide that the medal 

may be awarded to groups of individuals as well as single individuals. 

Section 203. Clarification of Official to be Consulted by Attorney 

General in Considering Application for Emergency Federal Law 

Enforcement Assistance 

Section 203 amends the Emergency Federal Law Enforcement 

Assistance program (42 U.S.C. § 10501 et seq.) to clarify that in 

awarding grants under this program the Attorney General shall 

consult with the Assistant Attorney General for the Office of Justice Programs rather than the Director of the Office of Justice Assistance. This change simply brings the statute into conformity 

with the existing chain of command in the Department. 

99 

Section 204. Clarification of Uses for Regional Information Sharing 

System Grants 

Section 204 amends the authorization for the Regional Information Sharing System (42 U.S.C. § 3796h) to clarify its regional character and its authority to establish and maintain a secure telecommunications backbone. 

Section 205. Integrity and Enhancement of National Criminal 

Record Databases 

Section 205 amends the authorizing statute for the Bureau of 

Justice Statistics (42 U.S.C. § 3732): (1) to clarify that the Director 

shall be responsible for the integrity of data and statistics and the 

prevention of improper or illegal use or disclosure; (2) to provide 

specific authorization for the already existing National Criminal 

History Background Check System, the National Incident-Based 

Reporting System, and the records of the National Crime Information Center and to facilitate State participation in these systems; 

and (3) to facilitate data-sharing agreements between the Bureau 

of Justice Statistics and other Federal agencies. 

Section. 206. Extension of the Matching Grant Program For Law 

Enforcement Armor Vests 

This section extends the matching program for law enforcement 

bulletproof vests for FY 2009. 

Section 211. Office of Weed and Seed Strategies 

Section 211 creates a new Office of Weed and Seed Strategies. 

This office will replace the current Executive Office of Weed and 

Seed, and for the first time, this program will have a specific authorization. 

Section 221. Grants to Local Nonprofit Organizations to Improve 

Outreach Services to Victims of Crime 

Section 221 amends the crime victim assistance grants program 

to allow grants of less than $10,000 to be made to smaller neighborhood and community-based victim service organizations. Currently, grants under this program tend to go to larger organizations, and this amendment simply emphasizes that some of the 

money spent in this program should go to smaller organizations as 

well. 

Section 222. Clarification and Enhancement of Certain Authorities 

Relating to Crime Victims Fund 

Section 222 makes several minor adjustments to the authorities 

relating to the Crime Victims Fund. Subsection 222(1) clarifies that 

the fund may only accept gifts, donations, or bequests if they do not 

attach conditions inconsistent with applicable laws or regulations 

and if they do not require the expenditure of appropriated funds 

that are not available to the Office of Victims of Crime. Current 

law establishes a $50 million antiterrorism reserve within the 

fund. Each year that reserve may be replenished by using up to 5 

percent of the money in the fund that was not otherwise expended 

during that year. Subsection 222(2) changes the word ‘‘expended’’

to ‘‘obligated’’ so that funds that have already been obligated for 

100 

other purposes, but not yet spent will not be counted for this purpose. 

Subsection 222(3) allows the Assistant Attorney General to direct 

the use of the funds available for Indian child abuse program 

grants under 42 U.S.C. § 10601(g) and to use 5% of those funds for 

grants to Indian tribes to establish victim assistance programs. 

Section 223. Amounts Received under Crime Victim Grants may be 

Used by State for Training Purposes 

Section 223 amends the grant programs for victim compensation 

and victim assistance to allow the States part of the 5 percent reserved for administrative costs for training purposes. 

Section 224. Clarification of Authorities Relating to Violence 

Against Women Formula and Discretionary Grant Programs 

Section 224 makes several clarifications to the program to fund 

grants to combat violent crimes against women. Subsection 224(a) 

clarifies that grants may be used for victim services. Subsection 

224(b) corrects an incorrect section number reference in last year’s 

DOJ authorization bill. Subsection 224(c) clarifies that grants 

under the program can be made to Indian tribal domestic violence 

coalitions and corrects other technical errors and makes conforming 

changes. Subsection 224(d) changes the reporting requirement on 

the program from annual to biennial. 

Subsection 224(e) clarifies that State and tribal governments 

may use grant funds under the program to pay for forensic medical 

exams for sexual assault victims so long as the victims are not required to seek reimbursement from their insurers. It further provides that the victim shall not be required to participate in the 

criminal justice system or cooperate with law enforcement in order 

to be provided with a forensic medical exam, reimbursement for 

such exam, or both. Subsection 224(f) makes a technical amendment to the heading for this part of the Code. 

Section 225. Change of Certain Reports from Annual to Biennial 

Section 225 amends the reporting provisions under two grant 

programs to change them from annual to biennial. 

Section 231. Clarification of Definition of Violent Offender for Purposes of Juvenile Drug Courts 

Section 231 amends the juvenile drug court grant program so 

that offenders who are convicted of a violent misdemeanor may 

participate in the program. Currently, misdemeanor offenders may 

participate only if their offense is non-violent. 

Section 232. Changes to Distribution and Allocation of Grants for 

Drug Courts 

Section 232(a) repeals the requirement that all States must receive a minimum allocation under the program regardless of the 

quality of its application. Section 232(b) provides for training by 

the newly created Community Capacity Development Office to assist applicants who are not funded in how to successfully pursue 

grants under the program. 

101 

Section 233. Eligibility for Grants under Drug Court Grants Program Extended to Courts that Supervise Non-Offenders with 

Substance Abuse Problems 

Section 233 amends the drug court program to allow continuing 

supervision over non-violent offenders as well as other related persons who may be before the court. This will allow a drug court to 

consolidate the cases of related individuals who may be under its 

jurisdiction at one time and supervise them jointly. 

Section 234. Terms of Residential Substance Abuse Treatment Program for Local Facilities 

Section 234 amends the Residential Substance Abuse Treatment 

for State Prisoners program to clarify that the grants should go to 

local correctional facilities and detention facilities where prisoners 

are held long enough to carry out a 3-month course of drug treatment. 

Section 241. Changes to Certain Financial Authorities 

Subsection 241(a) raises from 3 to 6 percent the amount of 

money collected from civil debt collection activities that can be 

credited to the Working Capital Fund established under 28 U.S.C. 

§ 527. 

Subsection 241(b) exempts the SCAAP program from the requirement that it reimburse the Treasury when it makes untimely payments. Subsection 241(c) exempts the Southwest Border Initiative 

from that requirement and the requirement that it pay interest to 

States for untimely payments. 

Subsections 241(d) and (e) update certain general law enforcement authorities of the Attorney General to include the Bureau of 

Alcohol, Tobacco, Firearms, and Explosives. 

Section 242. Coordination Duties of Assistant Attorney General 

Subsection 242(a) amends the authorizing statute for OJP to include the Office of Victims of Crime within the list of OJP bureaus. 

Subsection 242(b) allows the Assistant Attorney General to place 

special conditions on all grants and to determine priority purposes 

for formula grants. 

Section 243. Simplification of Compliance Deadlines Under Sex-Offender Registration Laws 

Under current law, States are required to establish State registries of offenders who have committed crimes against minors or 

who have committed sexually violent crimes. They are also required to share this information with the FBI so that it can maintain a national database. States who do not comply by the deadline 

can lose 10% of their Byrne grant funding. Some States have made 

good faith efforts to comply with this requirement, but are still 

struggling to implement it. 

Subsection 243(a) gives these States an additional 3 years after 

the date of enactment to implement this requirement. It further allows the Attorney General to extend this deadline for an additional 

2 years if the State is making a good faith effort to comply. Subsection 243(b) corrects a drafting error in the language relating to 

the provisions relating to the length of registrations required by 

those who have committed offenses against minors and those who 

102 

are sexually violent predators. This correction makes the two periods consistent and removes an erroneous implication that the period for sexually violent offenders could be terminated prematurely. 

Section 244. Repeal of Certain Programs 

Section 244 repeals seven grant programs that have been authorized, but have largely not been funded in recent years: the Criminal Justice Facility Construction Pilot Program; the Family Support Program; the Matching Grant Program for School Security; 

the Local Crime Prevention Block Grant Program; the Assistance 

for Delinquent and At-Risk Youth Program; the Improved Training 

and Technical Automation Program; and the Other State and Local 

Aid Program. 

Section 245. Elimination of Certain Notice and Hearing Requirements 

Section 245 eliminates the requirement that OJP must provide 

notice and a hearing for grant applicants whose applications are 

denied. It further eliminates the opportunity for appellate review 

of the decisions arising from such hearings. These rights are rarely 

used. 

Section 246. Amended Definitions for Purposes of Omnibus Crime 

Control and Safe Streets Act of 1968 

Section 246 broadens the definition of the term ‘‘Indian Tribe’’ to 

allow more tribes to be treated as units of local government for 

purposes of OJP grants. It broadens the definition of the term 

‘‘combination’’ of State and local governments to include those who 

jointly plan. It amends the definition of the term ‘‘neighborhood or 

community-based organizations’’ to clarify that it includes faithbased organizations. 

Section 247. Clarification of Authority to Pay Subsistence Payments 

to Prisoners for Health Care Items and Services 

Under current law, the Attorney General is required to pay for 

health care items and services for certain prisoners in the custody 

of the United States. In every instance, he must not pay more than 

the lesser of what the Medicare or Medicaid program would pay. 

This requires the Attorney General to expend a great deal of effort 

to determine that in each case. This subsection changes that to 

simply say that he shall not pay more than the Medicare rate. It 

also substitutes the Department of Homeland Security for a reference to the now defunct Immigration and Naturalization Service. 

Section 248. Office of Audit, Assessment, and Management 

Section 248 creates a new Office of Audit, Assessment, and Management within OJP. This office is authorized to audit, exercise 

corrective actions with respect to, and manage information with respect to, the COPS programs, any grant program carried out by 

OJP, and any other grant program carried out by DOJ that the Attorney General considers appropriate. This will include establishing 

and maintaining an automated information management system to 

track all grants. The Office of Audit, Assessment, and Management 

will report directly to the Office of the Assistant Attorney General. 

103 

This office will be created to address many of the problems that 

came to light during the Subcommittee’s oversight hearings, particularly the lack of monitoring and outcome-based evaluations of 

OJP programs. This Office will address findings by the Department’s Inspector General regarding failures to adequately review 

grant applications and conduct more aggressive and timely corrective action on audit findings, especially with grantees who do not 

comply with grant terms. A strategic objective of the Department 

of Justice for the Office of Justice Programs is to ensure meaningful outcomes, appropriate fiscal management, and accountability. 

This new office will help the Department achieve those objectives. 

The new office will audit grants representing 10% of all funds 

awarded by the programs that it covers each year. Not to exceed 

5% of the funding for each program that the new office covers shall 

be reserved to fund the office. 

Section 249. Community Capacity Development Office 

Section 249 creates a new Community Capacity Development Office within OJP. This office is authorized to provide training on a 

regional and local basis to actual and prospective participants in 

the COPS programs, any grant program carried out by OJP, and 

any other grant program carried out by DOJ that the Attorney 

General considers appropriate. The Office will also identify best 

practices for grantees and incorporate such practices into its training. Not to exceed 5% of the funding for each program that the new 

office covers shall be reserved to fund the office. 

Section 250. Office of Applied Law Enforcement Technology 

Section 250 creates an Office of Applied Law Enforcement Technology headed by a Director appointed by the Attorney General. 

This office will ensure that grant moneys provided to law enforcement for computer systems will be spent for equipment and software that is of good quality and suitable to support. The Director 

and the office will provide leadership and focus so that grants that 

are made for using or improving law enforcement computer systems and ensuring that recipients of such grants use such systems 

to participate in crime reporting programs administered by the Department. This will correct past practice where there has been little or no coordination between Federal grant funds spent by localities on computer systems and the crime reporting programs authorized by Congress and administered by the Department of Justice. 

Section 251. Availability of Funds for Grants 

Section 251 provides that unless otherwise specifically provided 

by an authorizing statute, money appropriated for grants in fiscal 

year 2004 and any subsequent fiscal year shall remain available to 

be awarded and distributed to grantees for the year appropriated 

and three subsequent fiscal years. If the money is reprogrammed, 

the time period begins again. It further provides that money distributed to grantees must be spent within the time period provided 

by the grant. In either case, money not meeting the requirement 

shall revert to the Treasury. This change will provide an incentive 

to get grant funds spent for their intended purposes rather than 

languishing at OJP or at the offices of the grantee. 

104 

Section 252. Consolidation of Financial Management Systems of Office of Justice Programs 

Section 252 requires the Assistant Attorney General of the Office 

of Justice Programs to make two significant financial management 

reforms: (1) consolidate all accounting activities of OJP into a single financial management system under the direct management of 

the Office of the Comptroller by September 30, 2010, and (2) consolidate all procurement activities of OJP into a single procurement 

system under the direct management of the Office of Administration by September 30, 2008. 

The Assistant Attorney General is required to begin the consolidation of accounting activities under the Office of the Comptroller 

and the consolidation of procurement activities under the Office of 

Administration not later than October 1, 2003. 

Section 253. Authorization and Change of COPS Program to Single 

Grant Program 

This section reauthorizes the Community Oriented Policing Program but allows the States and local governments to apply for the 

funds for a number of different purpose areas to allow some flexibility in the use of funds. 

Section 254. Clarification of Persons Eligible for Benefits Under 

Public Safety Officers’ Death Benefits programs 

This section makes technical amendments to the PSOB program 

to ensure that it is properly applied and corrects a problem in current law that would allow payments to be made to multiple beneficiaries on behalf of one officer. 

Section 255. Pre-Release and Post-Release Programs for Juvenile 

Offenders 

This section amends the Juvenile Accountability Block Grant to 

allow use of grant funds for juvenile offender reentry programs. 

Section 256. Reauthorization of the Juvenile Accountability Block 

Grants 

This section reauthorizes the Juvenile Accountability Block 

Grants program (JABG), which this Committee established in the 

107th Congress to encourage programs to hold juvenile offenders 

accountable while addressing their special needs. 

Section 257. Sex Offender Management 

This section reauthorizes a program to track sex offenders and 

encourage States to effectively monitor them upon release from 

prison. 

Section 258. Evidence-Based Approaches 

This section amends the law authorizing Juvenile Accountability 

Block Grants to include a provision for ‘‘the extent to which evidence-based approaches are utilized’’ to be among the criteria used 

by States and localities to determine which programs should be 

funded through JABG. Some good sources of information that 

States and localities can utilize to determine what approaches are 

‘‘evidence-based’’ include: 

105 

• Blueprints for Violence Prevention, a project of the Center 

for the Study and Prevention of Violence, at the University 

of Colorado at Boulder, which has identified prevention and 

intervention programs that meet a strict scientific standard 

of program effectiveness in reducing violence and recidivism; 

• Benefits and Costs of Prevention and Early Intervention Programs for Youth, a report of a study by Steve Aos, et al., 

Washington State Institute for Public Policy, September 

2004, which includes a comparative cost-benefit analysis 

across several approaches; 

• Goal 5 (discussing evidence-based practices) of the recent 

‘‘President’s New Freedom Commission on Mental Health’’ Report; Chapter 3 (Children and Mental Health) of ‘‘Mental 

Health: A Report of the Surgeon General;’’ and Appendix 5- 

B (Descriptions of Specific Programs That Meet Standards 

for Model and Promising Categories) of ‘‘Youth Violence: A 

Report of the Surgeon General.’’

Such resources provide information on the success of several programs in intervening with youth who have already started down 

the path to crime. 

TITLE III—MISCELLANEOUS AMENDMENTS TO TITLE 18

AND RELATED LAWS

Section 301. Technical Amendments Relating Public Law 107–56 

Section 301 makes a series of technical amendments to Public 

Law No. 107–56, the USA PATRIOT Act. 

Section 302. Miscellaneous Technical Amendments 

Section 302 makes a series of technical amendments to title 18 

and title 28, and it also repeals a duplicative authorization of a 

sexual abuse prevention program for runaway children which has 

recently been reauthorized in another statute. § 117(b) of Pub. L. 

No. 108–96. 

Section 303. Use of Federal Training Facilities 

Section 303 is intended to ensure that the Justice Department 

uses the most cost-effective training and meeting facilities for its 

employees. For any predominantly internal training or conference 

meeting, subsection (a) requires the Justice Department to use only 

a facility that does not require a payment to a private entity for 

the use of such facility, unless specifically authorized in writing by 

the Attorney General. Subsection (b) requires the Attorney General 

to prepare an annual report to the Chairmen and Ranking Members of the House and Senate Judiciary Committees that details 

each training or conference meeting requiring authorization under 

subsection (a). The report must 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. 

Section 304. Privacy Officer 

Section 304 is intended to ensure that the Justice Department 

safeguards personally identifiable information and complies with 

fair information practices pursuant to 5 U.S.C. § 552a. Subsection 

106 

(a) requires the Attorney General to designate a senior official with 

primary responsibility for privacy policy. Subsection (b) specifies 

that the responsibilities of such official include: (1) assuring that 

the Department’s use of technologies does not erode privacy protections relating to the use, collection, and disclosure of personally 

identifiable information; (2) ensuring that such information is handled in full compliance with fair information practices; (3) evaluating legislative and regulatory proposals concerning the collection, 

use, and disclosure of such information by the Federal Government; 

(4) conducting a privacy impact assessment of the Department’s 

proposed rules on the privacy of such information; (5) reporting to 

Congress on the Department’s activities that affect privacy; (6) ensuring that the Department protects such information and its information systems from unauthorized access, use, disclosure, disruption, modification, or destruction; and (7) advising the Attorney 

General and Director of the Office of Management and Budget on 

information security and privacy issues pertaining to Federal Government information systems. Subsection (c) requires the Justice 

Department to review its policies to assure that it treats personally 

identifiable information in its databases in a manner that complies 

with applicable Federal law pertaining to privacy. 

Section 305. Bankruptcy Crimes 

Section 305 is intended to ensure the United States Trustee Program (a component of the Justice Department) actively identifies 

matters warranting criminal referrals and undertakes efforts to 

prevent bankruptcy fraud and abuse. It requires the Director of the 

Executive Office for United States Trustees to prepare an annual 

report to the Congress detailing: (1) the number and types of criminal referrals made by the Program; (2) the outcomes of each criminal referral; (3) any decrease in the number of criminal referrals 

from the previous year; and (4) the Program’s efforts to prevent 

bankruptcy fraud and abuse, particularly with respect to a debtor’s 

failure to disclose assets. 

Section 306. Report to Congress on Status of United States Persons 

or Residents Detained on Suspicion of Terrorism 

Section 306 was added by an amendment offered by Representative Schiff and adopted by the Committee. Section 306 requires the 

Attorney General to submit an annual report to Congress specifying the number of United States persons or residents detained on 

suspicion of terrorism. 

Section 307. Increased Penalties and Expanded Jurisdiction for 

Sexual Abuse Offenses in Correctional Facilities 

This section provides for increased penalties under title 18 for 

any personnel in a correctional facility that sexually abuses an individual in the custody of the Bureau of Prisons. 

Section 308. Expanded Jurisdiction for Contraband Offenses in 

Correctional Facilities 

This section expands the prohibition and penalties in title 18 for 

bringing contraband into a prison to include any detention facility 

or institution under the direction of the Attorney General. 

107 

Section 309. Magistrate Judge’s Authority to Continue a Preliminary Hearing 

This section amends current law to make it clear that either a 

district judge or a magistrate judge may extend the time limits for 

a preliminary hearing. It maintains the requirement that such extension may be only upon a showing of extraordinary circumstances and that justice requires delay. 

Section 310. Technical Corrections Relating to Steroids 

This section makes technical corrections to the names of two 

chemicals which were included in the ‘‘Anabolic Steroid Control Act 

of 2004.’’

Section 311. Prison Rape Commission Extension 

This section extends the time period for the Prison Rape Commission to provide a report to Congress on its findings. 

Section 312. Longer Statute of Limitations for Human-Trafficking 

Related Offenses 

This section extends the statute of limitations for human trafficking related offenses under title 18. 

Section 313. Use of Center for Criminal Justice Technology 

This section authorizes the Attorney general to make grants to 

the Center for Criminal Justice Technology to provide technology 

assistance and expertise to the criminal justice community. 

Section 314. SEARCH Grants 

This section authorizes the Attorney General to make grants to 

the National Consortium for Justice Information and Statistics to 

carry out the operations of the National Technical Assistance and 

Training Program. 

Section 315. Reauthorization of the Law Enforcement Tribute Act 

This section extends the authorization until FY 2009 for the Law 

Enforcement Tribute Act, which authorizes the Department of Justice to give grants to State and local governments for building memorials to law enforcement. 

Section 316. Amendment regarding bullying and gangs 

This section would amend the Juvenile Accountability Block 

Grants program to allow funds to be used to address bullying prevention in schools. 

Section 317. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms and Explosives 

This section transfers the authorization of the Bureau of Alcohol, 

Tobacco, Firearms and Explosives out of title 6 into title 28. 

Section 318. Reauthorize the gang resistance education and training 

projects program 

This section reauthorizes the Gang Resistance Education and 

Training Projects Program from FY 2006 through FY 2010. 

108 

Section 319. National Training Center 

This section authorizes the Attorney General to use the services 

of the National Training Center in Sioux City, IA to continue to 

provide comprehensive training to communities and criminal justice agencies to address the growing threat from methamphetamine 

production, trafficking and use. 

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

This section states that it is the sense of Congress that we 

should study ‘‘good-time’’ release programs for nonviolent Federal 

offenders. 

Section 321. Police badges 

This section amends the title 18 prohibition on use of a false 

badge to limit the defenses available to someone for using a counterfeit badge to use in a dramatic production or for a legitimate law 

enforcement purpose. 

Section 322. Officially approved postage 

This section amends title 18 to prevent prosecutions of individuals who create postage stamps with the approval of the United 

States Postal Service. 

TITLE IV—VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005

Section 401. Short title 

This section establishes the short title for titles IV-X of this legislation. 

Section 402. Definitions and Requirements for Programs 

The Omnibus Crime Control and Safe Streets Act of 1968 is 

amended by inserting before section 2001 (42 U.S.C. 3796gg) the 

following new sections: 

Sec. 2000A. Clarification that Programs Relating to Violence 

Against Women are Gender Neutral 

Specifies that any grants or other activities for assistance to victims of domestic violence, dating violence, stalking, sexual assault 

or trafficking in persons shall be construed to cover both male and 

female victims. 

Sec. 2000B. Definitions that Apply to Any Provision Carried Out 

by the Violence Against Women Office 

This section provides definitions for programs carried out by the 

Office of Violence Against Women. 

Sec. 2000C. Requirements that Apply to Any Grant Program 

Carried Out by the Violence Against Women Office 

This section specifies privacy protections, approved activities, 

non-supplantation, use of funds, evaluation, prohibition on lobbying, and prohibition on tort litigation. 

Congress recognizes the importance of ensuring that grantees 

and subgrantees of VAWA programs utilize funding effectively. The 

past 10 years have shown that both comprehensive technical assistance and targeted technical assistance and training for grantees 

have been extremely useful. In addition, local grantees and subgrantees have been very helpful in developing best practices in the 

work of their community partners in social services and the justice 

109 

system. Peer to peer cross-training has improved system responses 

throughout the country. Educating existing grantees and new 

grantees about the scope and changes in the laws regarding domestic violence, dating violence, sexual assault, and stalking is crucial 

to ensuring efficient and consistent service delivery. It is important 

that any technical assistance and training model implemented 

under VAWA grant programs should anticipate, rather than simply 

respond to grantees’ and subgrantees’ questions. Good technical assistance and training for VAWA grantees and subgrantees includes 

offering proactive solutions, regular training, implementation guidance, and best practices. 

TITLE V—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO

COMBAT VIOLENCE

Section 501. STOP Grants Improvements 

This section reauthorizes and makes modifications to the STOP 

grant program, which provides State formula grants that bring police and prosecutors in close collaboration with victim services for 

racial and ethnic minorities and ensures victim confidentiality. It 

also conditions receiving grants on the grantee not making available publicly on the Internet information regarding protection or 

restraining orders or injunctions. This section mandates that law 

enforcement officials who wish to receive grants under this program cannot mandate a polygraph test as a requirement for proceeding with an investigation or arrest. This section eliminates the 

matching requirements for small law enforcement agencies and victim service providers with an annual operating budget under $5 

million. 

Section 502. Grants to Encourage Arrest and Enforce Protection Orders Improvements 

This section reauthorizes this program, which was adopted in the 

Violence Against Women Act of 1994. States and localities use this 

funding to develop and strengthen programs and policies that encourage police officers to arrest abusers who commit acts of violence or violate protection orders. This section includes modifications to this program to provide technical assistance to improve 

tracking of cases in a manner that preserves confidentiality and 

privacy protections for victims. Modifications to this program were 

made by this section to encourage victim service programs to collaborate with law enforcement to assist pro-arrest and protection 

order enforcement policies. In addition, this section authorizes family justice centers and extends pro-arrest policies to sexual assault 

cases. 

Section 503. Legal Assistance for Victims Improvements 

This section reauthorizes the grant program for legal services for 

protection orders and family, criminal, immigration, administrative 

agency, and housing matters. It allows victims of domestic violence, 

dating violence, stalking, and sexual assault to obtain access to 

trained attorneys and lay advocacy services, particularly pro bono 

legal services, when they require legal assistance as a consequence 

of violence. The program has been expanded to provide services to 

both adult and youth victims. 

110 

Section 504. Court training and improvements 

This section authorizes a training program to educate the courts 

and court-related personnel in the areas of domestic violence, dating violence, sexual abuse and stalking. This section also authorizes one or more grants to create general curricula for State and 

tribal judiciaries to use when educating in the areas of domestic violence, dating violence, sexual assault and stalking in order to ensure that all States have access to consistent and appropriate information. Finally, it creates a program to improve court access for 

teens. 

Section 505. Full faith and Credit Improvements 

This section makes technical amendments to the criminal code to 

clarify that courts should enforce the protection orders (to both 

adult and minor victims) issued by civil and criminal courts in 

other jurisdictions. 

Section 506. Privacy Protections for Victims of Domestic Violence, 

Dating Violence, Sexual Violence, and Stalking 

This section establishes a task force to compose a best practices 

model on protecting privacy and authorizes the Attorney General 

to perform a demonstration project to implement the best practices 

model. 

Section 507. Stalker Database 

This section reauthorizes the stalker database for each fiscal 

year 2006 through 2010. 

Section 508. Victim Assistants for District of Columbia 

This section authorizes $ 1 million for fiscal year 2006 through 

2010 for victim advocates for the prosecution of sex crimes and domestic crimes where applicable. 

Section 509. Preventing Cyberstalking 

This section amends title 18 to prevent stalking over the Internet 

by allowing Federal prosecutors more discretion in charging stalking cases that occur entirely over the Internet. 

Section 510. Repeat Offender Provision 

This section amends title 18 to permit doubling the applicable 

penalty for repeat Federal domestic violence offenders. 

Section 511. Prohibiting Dating Violence 

This section amends the existing definition of domestic violence 

to include dating violence. 

Section 512. GAO Study and Report 

This section directs the General Accounting Office to study the 

extent to which men, women, youth, and children are victims of violence and the availability of services to address the needs of these 

individual groups. 

111 

TITLE VI—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Section 601. Technical amendment to Violence Against Women Act 

This section specifies that funds appropriated under this part 

may only be used for programs specified in the part. 

Section 602. Sexual Assault Services Program 

This section creates a separate and direct funding stream dedicated to sexual assault services for each fiscal year 2006 through 

2010. 

Section 603. Amendments to the Rural Domestic Violence and Child 

Abuse Enforcement Assistance Program 

This section reauthorizes and expands the existing education, 

training and services grant programs that address violence against 

women in rural areas. 

Section 604. Assistance for Victims of Abuse 

This section consolidates programs to provides services for victims of abuse who are elderly or disabled, including programs to 

provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault. 

Section 605. GAO Study of National Domestic Violence Hotline. 

This section requires the GAO to perform a study of the National 

Domestic Violence Hotline to determine the effectiveness of the 

Hotline. 

Section 606. Grants for Outreach to Underserved Populations. 

This section authorizes $2 million for fiscal year 2006 through 

2010 to provide grants to carry out public information campaigns 

focused on addressing adult or minor domestic violence, dating violence, sexual assault, stalking or trafficking within tribal, racial, 

and ethnic populations and immigrant communities. 

TITLE VII. SERVICES, PROTECTION AND JUSTICE FOR YOUNG VICTIMS

OF VIOLENCE

Section 701. Services and Justice for Young Victims of Violence 

This section establishes two grant programs to assist children 

and youth (between the ages of 12 and 24) who witness domestic 

violence in the home or are victims of domestic violence, dating violence, sexual assault or stalking. The first grant program would establish collaboration between law enforcement, the courts and child 

welfare agencies to enhance community responses to domestic violence and the effects on children. The second program includes 

grants to assist youth who are victims of domestic violence, dating 

violence, sexual assault and stalking. 

Section 702. Grants to Combat Violent Crimes on Campuses 

This section reauthorizes a program administered by the Department of Justice to provide grants to colleges and universities to develop and strengthen effective security and investigation strategies 

112 

to combat domestic violence, dating violence, sexual assault and 

stalking. 

Section 703. Safe Havens 

This section improves and reauthorizes the Safe Havens program, which currently is authorized to provide a safe place for exchange of children in custody situation where there is domestic violence. This section improves the program by clearly authorizing the 

program to provide services to ensure the safety of parents and 

prevent the children from witnessing domestic violence. 

Section 704. Grants to Combat Domestic Violence, Dating Violence, 

Sexual Assault and Stalking in Middle and High Schools 

This section authorizes grants to train school personnel to recognize signs of violence in middle school and high school and establish policies for intervention. 

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING

VIOLENCE IN THE HOME

Section 801. Preventing Violence in the Home 

This section would authorize programs for mentoring, advocacy 

and counseling for young victims of domestic violence and training 

for and coordination for programs that serve children and youth. 

Grants to communities to establish alliances between men, women 

and youth to prevent domestic violence, dating, violence, sexual assault and stalking are also included in this section. This section authorizes $5 million to establish a program to train home visitation 

providers in recognizing signs of domestic violence. 

TITLE IX—PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Section 900. Short Title of Title; References to VAWA-2000; Regulations 

This section requires that regulations implementing both this Act 

(including materials and dissemination under section 922) and the 

Act reauthorizing the Violence Against Women Act in 2000 

(‘‘VAWA 2000’’), be issued within 180 days of this Act’s enactment. 

In applying such regulations, in the case of petitions or applications affected by the changes made by the Acts, there shall be no 

requirement to submit an additional petition, application, or certification from a law enforcement agency with the date of the application for interim relief establishing the priority date of counting 

time towards adjustment of status. However, the Department of 

Homeland Security may request additional evidence be submitted 

when the documentation supporting an outstanding VAWA self-petition or justifying interim relief is now insufficient. 

SUBTITLE A—VICTIMS OF CRIME

Section 901. Conditions Applicable to U and T Visas. 

U visas are available to victims of certain crimes who cooperate 

with law enforcement in investigations and/or prosecutions. T visas 

are available to the victims of trafficking who cooperate with law 

enforcement in investigations and/or prosecutions. Certain family 

members of T visa recipients can also receive T visas. 

113 

Section 901(a) provides that certain family members and trafficking victims can receive T visas without having to first show 

that the visas are necessary to avoid ‘‘extreme hardship.’’ Section 901(b) provides that T and U visas shall be issued for 4 

years and may be extended under certain conditions. This provides 

victims who qualify for permanent residence sufficient time to file 

before their visas expire. An extension shall be granted upon certification from a government official that the victim’s presence is 

required to assist a criminal investigation or prosecution, or to give 

the Bureau of Citizenship and Immigration Services (‘‘CIS’’) time to 

adjudicate the petitions for permanent residence and for adjustment of status to permanent residence. 

Section 901(c) provides that aliens in the U.S. on K (fiance or 

spouse) and S (informant) visas, or pursuant to the visa waiver 

program, are not prohibited from qualifying for T and U visa status. Aliens who came to the U.S. on J visas to receive graduate 

medical training, and aliens who are subject to the 2-year foreign 

residence requirement, may also qualify for T and U status. 

Section 901(d) provides that aliens can qualify for T status if 

they respond to and cooperate with requests for evidence and information from law enforcement officials. It also permits State and 

local law enforcement officials investigating or prosecuting trafficking-related crimes to file a request (and certification) asking 

DHS to grant continued presence to trafficking victims. 

Section 902. Clarification of Basis for Relief Under Hardship Waivers for Conditional Permanent Residence 

The Secretary of Homeland Security can remove the conditional 

status of an alien who became a permanent resident, as the spouse 

of a U.S. citizen or permanent resident without the joint filing of 

a petition with the U.S. citizen or permanent resident spouse, upon 

the showing of hardship, battery, or certain other factors. This section provides that an application for such relief may be amended 

to change the ground or grounds for such relief without having to 

be resubmitted. The ability in current law to file hardship waivers 

while outside of the United States will not be available to applicants who have a final removal order in effect that was issued after 

the alien was granted conditional residency. 

Section 903. Adjustment of Status for Victims of Trafficking 

The Secretary of Homeland Security can adjust the status of a 

T visa recipient to that of a permanent resident after 3 years of 

physical presence in the U.S. under a T visa or after being granted 

‘‘continued presence’’ by Federal law enforcement officials. 

Section 903(a) provides that for aliens who have been granted 

both a T visa and continued presence, the required 3-year period 

may be counted by starting from the earlier of either the date on 

which an alien was granted continued presence by DHS, or the 

date on which the T visa was granted. In addition, the Secretary 

may waive or reduce the required 3-year period if the Federal, 

State, or local law enforcement official investigating or prosecuting 

the relevant trafficking has no objection. An alien seeking to adjust 

status must be of good moral character through the 3-year period. 

Section 903(b) provides that the Secretary may waive a factor 

that would otherwise disqualify the alien from being considered to 

114 

have good moral character if there is a connection between the disqualifying factor and the trafficking of the alien. The Committee 

recognizes that DHS has issued policy memoranda defining ‘‘connection’’ in two other VAWA related contexts. See USCIS Interoffice Memorandum HQOPRD 70/8.1/8.2, January 19, 2005, from 

Paul E. Novak to William R Yates and INS Memorandum HQADN/ 

70/8, January 2, 2002, from Michael A. Pearson to Stuart Anderson. The Committee encourages the Department of Homeland Security to use standards and analysis similar to those described in 

these memos when defining the term ‘‘connection’’ for the purposes 

of this section, sections 917, 919, 932, and 935 of this Act, and 

other VAWA-related provisions of the Immigration and Nationality 

Act (‘‘INA’’). 

Section 903(c) provides that the Secretary must, as part of an already required annual report, include statistics regarding the number of law enforcement officials who have been trained in the identification and protection of trafficking victims and their eligibility 

for T visas. 

SUBTITLE B—VAWA PETITIONERS. 

Section 911. Definition of VAWA Petitioner 

This section defines a ‘‘VAWA petitioner’’ as an alien who has applied for classification or relief under a number of provisions of the 

INA, including those who have filed self-petitions for permanent 

residence as the battered spouses and children of U.S. citizens and 

permanent residents and, pursuant to this bill, as the battered parents of U.S. citizens. Also included in this definition are applicants 

for certain benefits under the Cuban Adjustment Act, the Haitian 

Refugee Immigrant Fairness Act (‘‘HRIFA’’), and the Nicaraguan 

Adjustment and Central American Relief Act (‘‘NACARA’’). 

In 1997, the Immigration and Naturalization Service consolidated adjudication of VAWA self-petitions and VAWA-related cases 

in one specially trained unit that adjudicates all VAWA immigration cases nationally. The unit was created ‘‘to ensure sensitive and 

expeditious processing of the petitions filed by this class of at-risk 

applicants...’’, to ‘‘[engender] uniformity in the adjudication of 

all applications of this type’’ and to ‘‘[enhance] the Service’s ability 

to be more responsive to inquiries from applicants, their representatives, and benefit granting agencies.’’ See 62 Fed. Reg. 16607–

16608 (1997). T visa and U visa adjudications were also consolidated in the specially trained VAWA unit. See, USCIS Interoffice 

Memorandum HQINV 50/1, August 30, 2001, from Michael D. 

Cronin to Michael A. Pearson, 67 Fed. Reg. 4784 (Jan. 31, 2002). 

Consistent with these procedures, the Committee recommends 

that the same specially trained unit that adjudicates VAWA selfpetitions, T and U visa applications, process the full range of adjudications, adjustments, and employment authorizations related to 

VAWA cases (including derivative beneficiaries) filed with DHS: 

VAWA petitions T and U visas, VAWA Cuban, VAWA NACARA 

(§§ 202 or 203), and VAWA HRIFA petitions, 214(c)(15)(work authorization under section 933 of this Act), battered spouse waiver 

adjudications under 216(c)(4)(C) and (D), applications for parole of 

VAWA petitioners and their children, and applications for children 

of victims who have received VAWA cancellation. 

115 

Section 912. Self-Petitioning for Children 

This section ensures that immigrant children who are victims of 

incest and child abuse get full access to VAWA protections. Additionally, this section extends Child Status Protection Act relief to 

children who qualify for VAWA immigration relief. 

Section 912(a) provides that the minor child of a U.S. citizen or 

permanent resident may self-petition for permanent residence if 

the abusive parent has died or otherwise terminated the parentchild relationship within the past 2 years (or, if later, 2 years after 

the date the child attains the age of 18). Also, the alien spouse of 

a permanent resident may self-petition for permanent residence if 

the abusive permanent resident spouse died within the past 2 

years. 

Section 912(b) provides protections that prevent children from 

‘‘aging out’’ of access to VAWA relief. The section guarantees that 

child self-petitioners, who are abused by citizen parents, will continue to be treated as immediate relatives (or as petitioners for 

preference status if subsequently married) if they turn 21 during 

the processing of their petitions. Child self-petitioners who are 

abused by permanent resident parents will be treated as applicants 

for ‘‘2A’’ preference status as the minor children of a permanent 

resident, if they turn 21 during the processing of their petitions. 

Section 912(c) provides that the application for adjustment of status to permanent residence of an alien who self-petitioned for permanent residence shall also serve as an adjustment application for 

any derivative children. Derivative children of self-petitioners will 

receive lawful permanent residency along with their self-petitioning 

parents. 

Section 912(d) provides that alien child abuse and incest victims 

who would have qualified to self-petition as the minor children of 

U.S. citizens or permanent residents can file the petition until the 

aliens attain the age of 25. This allows child abuse victims time to 

escape their abusive homes, secure their safety, access services and 

support that they may need, and address the trauma of their 

abuse. 

Section 913. Self-Petitioning Parents 

This section extends the ability to self-petition to the parent of 

an adult U.S. citizen who resides or has resided with the U.S. citizen son or daughter, if the alien demonstrates that he or she has 

been battered by, or has been the subject of extreme cruelty perpetrated by, their U.S. citizen son or daughter. 

Section 914. Promoting Consistency in VAWA Adjudications 

This section promotes consistency in VAWA adjudications by 

making technical corrections that replace references to ‘‘domestic 

violence’’ with references to ‘‘battery or extreme cruelty,’’ the domestic abuse definition codified in the Violence Against Women Act 

of 1994 (‘‘VAWA 1994’’), the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (‘‘IIRIRA’’) and regulations implementing the battered spouse waiver. 

116 

Section 915. Relief for Certain Victims Pending Actions on Petitions 

and Applications for Relief 

Section 915(a)(1) provides that the Secretary of Homeland Security may grant deferred action to an alien who has filed a prima 

facie valid petition as a VAWA petitioner, or for T or U visa status, 

during the pendency of the application. The current practice of 

granting deferred action to approved VAWA self petitioners shall 

continue. Aliens with deferred action status shall not be removed 

or deported. Prima facie determinations and deferred action grants 

called for in this section shall be made by the specially trained unit 

of immigration benefits adjudicators (currently at CIS) responsible 

for adjudicating VAWA petitions. These immigration benefits adjudicators (CIS) have authority to grant deferred action status in 

VAWA cases for the Department of Homeland Security. Immigration enforcement officials (currently at the Bureau of Immigration 

and Customs Enforcement and the Bureau of Customs and Immigration Enforcement) are not authorized to revoke deferred action, 

but may ask the specially trained CIS unit to review a case and 

determine whether or not to revoke a deferred action grant. Only 

the Secretary of Homeland Security (or a delegated official but only 

if that official has management authority over both the immigration services and immigration enforcement functions) may overrule 

a CIS grant of deferred action to an alien victim. Immigration enforcement officers should refer aliens they encounter who may 

qualify for relief under this Act to immigration benefits adjudicators handling VAWA cases at CIS. 

This Committee encourages the Secretary of DHS to (a) develop 

a training program for trial attorneys and other DHS staff who regularly encounter alien victims of crimes, and (b) craft and implement policies and protocols on appropriate handling by DHS officers of cases under VAWA 1994, the Acts subsequently reauthorizing VAWA, and IIRIRA. 

Section 915(a)(2) aims to discourage detention of aliens whom 

VAWA offers immigration relief. This section requires that an alien 

whose application as a VAWA petitioner or for T or U visa status 

has been approved may not be detained unless detention is required for terrorist activity or certain criminal activity. 

Section 915(a)(3) provides that an alien whose petition as a 

VAWA petitioner or for T status has been approved shall be granted work authorization. U visa applicants are provided work authorization under existing law. 

Section 915(b) provides that an alien who has filed a prima facie 

application for cancellation of removal as a battered alien shall not 

be removed or deported during the pendency of the application. 

Under current law DHS has the discretionary authority to consent to the readmission of a previously removed alien (using the existing I-212 process). The protection VAWA offers immigrant victims of domestic violence, sexual assault and trafficking is undermined when otherwise qualified victims are cut off from VAWA 

benefits because of a prior removal from the United States. The 

victims, should they return to the U.S. without authorization, become subject to reinstatement of removal. This Committee encourages DHS to make use of its discretion in granting readmission to 

appropriately assist aliens with humanitarian cases including but 

not limited to, victims of domestic violence, sexual assault, victims 

117 

of trafficking and crime victims who are cooperating in criminal investigations. 

Section 916. Access to VAWA Protection Regardless of Manner of 

Entry 

Section 916 has been designed to address Congress’ concerns 

about U.S. citizen abusers who use the K visa process to petition 

for aliens outside the United States and abuse them. This section 

protects these abused aliens by allowing them to self-petition for 

permanent residence as well as making them eligible for VAWA 

cancellation of removal and VAWA suspension of deportation. The 

section also works in conjunction with section 922 to prevent further abuse by instituting measures to distribute information that 

can help the K visa recipients learn about domestic violence protections available to them in the United States. It also provides them 

specific information about their U.S. citizen petitioners’ criminal 

conviction history. Additionally, this section limits the ability of 

abusive U.S. citizens to repeatedly petition for K visas for aliens 

outside the U.S. 

Section 916(a) provides that an alien may self-petition as, or in 

the same manner as, the spouse of a U.S. citizen if the alien entered the U.S. under a K visa with the intent to enter into a valid 

marriage and the alien (or the alien’s child) was battered or subject 

to extreme cruelty in the U.S. by the U.S. citizen who filed the K 

visa petition. Also, such an alien does not have to depart within 3 

months if the marriage does not occur. 

Section 916(b) provides that a VAWA petitioner and a K visa recipient who seeks adjustment of status to that of permanent residence on the basis of an approved petition as a VAWA petitioner 

does not have to first go through 2 years of conditional permanent 

residence. Also, an alien who entered under a K visa with the intent to enter into a valid marriage and the alien (or child) was battered or subject to extreme cruelty in the U.S. by the U.S. citizen 

who filed the K visa petition is eligible for cancellation of removal 

as a battered alien if the alien meets the other requirements for 

cancellation. 

The Committee seeks to deter filing of K visa applications by 

U.S. citizens with histories of domestic violence, sexual assaults, 

and child abuse, by requiring full disclosure to K visa recipients of 

information on any criminal convictions for these offenses by their 

petitioners. Section 916(c) provides that a U.S. citizen filing a petition for an alien for a K visa must include information on any 

criminal convictions for domestic violence, sexual assault, or child 

abuse. Following current practice, this information will be provided 

under penalty of perjury. See e.g., Form I–130 (Rev. 06/05/02) (requiring petitioner to ‘‘certify, under penalty of perjury under the 

laws of the United States of America, that the foregoing is true and 

correct.’’). 

A consular officer may not approve a petition without verifying 

that the petitioner has not previously petitioned for more than two 

aliens applying for K visas. If the petitioner has had such a petition previously approved, the consular officer must verify that 2 

years have elapsed since the filing of the previous petition. The 

Secretary of Homeland Security may grant waivers of the 2-year 

waiting period or the limit on filing more than two petitions. The 

118 

waivers included here were designed to give DHS the discretion to 

waive both the time and number limitations when K visa applications are filed by non-abusive U.S. citizens. Such waivers may be 

appropriate, for example, for non-abusive U.S. citizens who live 

abroad and may be more likely to marry foreign spouses, or in 

cases of unusual circumstances, such as the sudden death of an 

alien approved for a prior K visa. 

Section 916(d) provides that an alien who was the spouse or 

minor child of an alien granted asylum at the time of the granting 

of asylum, and who (or whose child) was battered or the subject of 

extreme cruelty by the asylee, is eligible for adjustment of status 

although they may have divorced or separated from the asylee. 

Under current law, visa waiver entrants who are placed in removal proceedings are precluded from obtaining relief from removal, other than asylum. Section 916(e) guarantees access to 

VAWA relief for entrants under the visa waiver program by allowing those placed in removal proceedings to seek VAWA adjustment 

of status, VAWA cancellation of removal, VAWA self-petition, 

VAWA suspension of deportation and T and U visas. 

Section 916(f) provides that an alien who has failed to meet the 

2-year return requirement of a J visa may still file a petition as 

a VAWA petitioner, or for a T or U visa. 

Section 917. Eliminating Abusers’ Control Over Applications for Adjustments of Status 

VAWA 2000 created routes to lawful permanent residence for 

abused spouses and children of primary applicants under various 

nationality-based immigration laws. Section 917 assures that a 

family members’ eligibility for status will hinge neither on an abuser’s filing status, nor on an ongoing relationship with or marriage 

to the abuser in order to eliminate an abuser’s control over the 

abused family member. See section 936 for further amendments regarding the motions to reopen removal proceedings for battered 

aliens under VAWA. 

Section 917(a) and (b) provide that the motions to reopen for 

abused aliens apply to all VAWA petitioners, VAWA cancellation of 

removal applicants and to those seeking adjustment of status in 

proceedings. 

Section 917(c) allows abused spouses and children eligible for 

legal immigration status as Nicaraguans or Cubans under 

NACARA to apply for such status, even if the abuser did not apply 

for status and even through the deadline for filing has past. 

Section 917(d) provides that an alien who was the spouse of a 

Cuban eligible for adjustment under the Cuban Adjustment Act 

shall continue to be treated as such a spouse for 2 years after the 

date on which the Cuban dies, or for 2 years after the date of termination of the marriage, if the alien demonstrates a connection 

between the termination of the marriage and being battered or subject to extreme cruelty by the Cuban. 

Section 917(e) provides that if an alien abuser was eligible for 

status under HRIFA, but did not apply for status, the alien’s 

abused spouse or children at the time may now apply for legal immigration status on their own. 

Section 917(f) allows abused spouses and children to file their 

own suspension of deportation applications under NACARA if they 

119 

were abused by a Guatemalan, Salvadoran or Eastern European 

abuser who was eligible for suspension of deportation under pre1996 rules pursuant to NACARA. Abused spouses and children are 

also allowed to file motions to reopen their prior removal or deportation case using VAWA. 

Section 917(g) provides that an individual who was a VAWA petitioner, or had a T or U visa, may not file an immigrant or nonimmigrant petition for the person who committed the battery or extreme cruelty or trafficking against the individual which established the individual’s eligibility as a VAWA petitioner, or for T or 

U status. 

Section 918. Parole for VAWA Petitioners and for Derivatives of 

Trafficking Victims 

VAWA 2000 allowed victims of domestic violence abused by U.S. 

citizen and lawful permanent resident spouses to file VAWA selfpetitions from outside of the U.S. if they had been abused in the 

U.S. or if their abuser was a member of the uniformed services or 

a government employee. Modeled after the VAWA 2000 protection 

offered to children on VAWA cancellation of removal grantees, section 918 assures that VAWA petitioners, their derivative children 

and children of trafficking victims, can enter the U.S. by requiring 

the Secretary of Homeland Security to grant parole to: 

• a VAWA petitioner whose petition was approved based on 

having been battered or subject to extreme cruelty by a U.S. 

citizen spouse, parent, or child and who is admissible and eligible for an immigrant visa; 

• a VAWA petitioner whose petition was approved based on 

having been battered or subject to extreme cruelty by a permanent resident spouse or parent, who is admissible and 

who would be eligible for an immigrant visa but for the fact 

that an immigrant visa is not immediately available, if at 

least 3 years have elapsed since the alien’s priority date; and 

• an alien who the Secretary of State determines would, but 

for an application or approval, meet the conditions for approval for a T visa as a family member of the trafficking victim. 

When a VAWA petitioner’s abuser is a permanent resident 

spouse or parent, the 3 year waiting period for the petitioner and 

any derivative children will be calculated based on the priority date 

assigned to the VAWA petition under 8 C.F.R. § 204.2(h)(2). 

Section 919. Exemption of Victims of Domestic Violence, Sexual Assault and Trafficking from Sanctions for Failure to Depart Voluntarily 

Section 919 provides that an alien who is a VAWA petitioner, or 

is seeking a T or U visa, or is seeking cancellation of removal or 

VAWA suspension as a battered alien is not subject to the penalties for failing to depart after agreeing to a voluntary departure 

order, if there is a connection between the failure to depart and the 

battery or extreme cruelty, trafficking, or criminal activity making 

them eligible to seek such status. As discussed in section 903, the 

Committee encourages the DHS to define ‘‘connection’’ for purposes 

120 

of this section using similar standards and analysis to those described in the two policy memoranda cited in section 903. 

Section 920. Clarification of Access to Naturalization for Victims of 

Domestic Violence 

Section 920 provides that any alien who was subject to battery 

or extreme cruelty by a U.S. citizen spouse or parent may naturalize after 3 years as a permanent resident, regardless of whether 

the lawful permanent resident status was obtained on the basis of 

such battery or cruelty. This section prevents alien domestic violence victims from being forced by naturalization laws to remain in 

abusive marriages or to wait two additional years to file for naturalization. It allows victims the same access to 3-year naturalization they would have if their U.S. citizen spouse did not abuse 

them. 

Section 921. Prohibition of Adverse Determinations of Admissibility 

or Deportability Based on Protected Information 

In 1996, Congress created special protections for victims of domestic violence against disclosure of information to their abusers 

and the use of information provided by abusers in removal proceedings. In 2000, and in this Act, Congress extended these protections to cover victims of trafficking, certain crimes and others who 

qualify for VAWA immigration relief. These provisions are designed 

to ensure that abusers and criminals cannot use the immigration 

system against their victims. Examples include abusers using DHS 

to obtain information about their victims, including the existence 

of a VAWA immigration petition, interfering with or undermining 

their victims’ immigration cases, and encouraging immigration enforcement officers to pursue removal actions against their victims. 

This Committee wants to ensure that immigration enforcement 

agents and government officials covered by this section do not initiate contact with abusers, call abusers as witnesses or relying on 

information furnished by or derived from abusers to apprehend, detain and attempt to remove victims of domestic violence, sexual assault and trafficking, as prohibited by section 384 of IIRIRA. In determining whether a person furnishing information is a prohibited 

source, primary evidence should include, but not be limited to, 

court records, government databases, affidavits from law enforcement officials, and previous decisions by DHS or Department of 

Justice personnel. Other credible evidence must also be considered. 

Government officials are encouraged to consult with the specially 

trained VAWA unit in making determinations under the special 

‘‘any credible evidence’’ standard. 

Section 921(a) and (b) provide that the Secretary of Homeland 

Security and the Attorney General and other Federal officials may 

not use information furnished by, or derived from information provided solely by, an abuser, crime perpetrator or trafficker to make 

an adverse determination of admissibility or removal of an alien. 

However, information in the public record and government data 

bases can be relied upon, even if government officials first became 

aware of it through an abuser. 

Section 921(c) provides that this provision shall not apply to prevent information from being disclosed, in a manner that protects 

victim confidentiality and safety, to the chairs and Ranking MemVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00124 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
121 

bers of the House and Senate Judiciary Committees, including the 

Immigration Subcommittees, in the exercise of their oversight authority. 

Section 921(d) provides that in the case of an alien applying for 

relief as a special immigrant juvenile who has been abused, neglected, or abandoned, the government may not contact the alleged 

abuser. 

Section 921(e) provides that investigation and enforcement of 

these provisions shall be by the Office of Professional Responsibility of the Justice Department. 

Section 921(f) establishes a system to verify that removal proceedings are not based on information prohibited by section 384 of 

IIRIRA. DHS must certify that: 

• (1) no enforcement action was taken leading to such proceedings against an alien at certain places including a domestic violence shelter, a rape crisis center, and a courthouse if the alien is appearing in connection with a protection order or child custody case, or that 

• (2) such an enforcement action was taken, but that there 

was no violation of the aforementioned provisions. Persons 

who knowingly make a false certification shall be subject to 

penalties. 

Removal proceedings filed in violation of section 384 of IIRIRA 

shall be dismissed. However, further proceedings can be brought if 

not in violation of section 384. 

Section 922. Information for K Nonimmigrants About Legal Rights 

and Resources for Immigrant Victims of Domestic Violence 

Section 922 contains provisions designed to allow K visa applicants to make informed decisions about their marriage to a U.S. 

citizen and have information about how to gain help if they experience battering or extreme cruelty at the hands of their U.S. citizen 

spouse or fiance. This section provides that the Secretary of Homeland Security shall consult with non-governmental organizations 

with expertise on the legal rights of immigrant victims and the Departments of Justice and State to develop consistent and accurate 

materials, including an information pamphlet, on legal rights and 

resources for immigrant victims of domestic violence for dissemination to applicants for K visas. The following materials will be 

mailed to K visa applicants with an instruction packet regarding 

the visa process: the information pamphlet; a copy of the K visa application (including information about criminal convictions of the 

U.S. citizen sponsor for domestic violence, sexual assault and child 

abuse as provided for in section 916); and any information that 

DHS possesses about the petitioner who filed the K visa (e.g. from 

IBIS (the Interagency Border Inspection System), National Crime 

Information Center, or Federal and State domestic violence databases) regarding convictions for crime(s) of violence as defined in 

18 U.S.C. sec. 16, any similar State conviction, or any domestic violence adjudication. Information from the pamphlet and regarding 

convictions will be orally transmitted by consular officers at the applicant’s interview. It is the intent of Congress that this section 

does not create an actionable ground for lawsuits against DHS or 

other any government agency. In implementing this section, conVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00125 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
122 

sistent with and under the requirements of Section 900(c) of this 

Act, the Secretary of Homeland Security shall develop and put in 

use the information, materials and distribution mechanism described in section 922(a) through (e) not later than 180 days from 

enactment. 

Section 923. Authorization of Appropriations 

This section authorizes appropriations of such sums as may be 

necessary for the Department of Homeland Security’s specially 

trained unit to adjudicate applications, adjustments, and employment authorizations related to VAWA cases (primary or derivative) 

filed with DHS. 

SUBTITLE C—MISCELLANEOUS PROVISIONS

Section 931. Removing 2 Year Custody and Residence Requirement 

for Battered Adopted Children 

Section 931 provides that an adopted alien qualifies as a child for 

immigration purposes, despite not having been in the legal custody 

of, or having resided with, the adopting parent for at least 2 years, 

if the 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. This section, consistent with VAWA’s 

protective purpose, ensures that child abuse victims are not required to suffer abuse or risk losing immigration benefits they 

would otherwise receive if they had not been subjected to child 

abuse. 

Section 932. Waiver of Certain Grounds of Inadmissibility for 

VAWA Petitioners 

Section 932(a) provides that the Secretary of Homeland Security 

may waive the ground of inadmissibility for falsely claiming to be 

a U.S. citizen in the case of a VAWA petitioner who demonstrates 

a connection between the false claim and the alien’s being subjected to battery or extreme cruelty. As discussed in section 903, 

the Committee encourages the Department of Homeland Security 

to define ‘‘connection’’ for purposes of this section using the standards and analysis described in the previously cited policy memoranda. 

Section 932(b) provides that the public charge ground of inadmissibility shall not apply to a VAWA petitioner or a qualified alien 

described in the Personal Responsibility and Work Opportunity 

Reconciliation Act. 

Section 933. Employment Authorization for Battered Spouses of 

Certain Nonimmigrants 

Section 933 provides that an alien spouse admitted under the A 

(foreign diplomats), E-3 (Australian professionals), G (international 

organizations), or H (temporary worker) visa programs accompanying or following to join a principal alien shall be granted work 

authorization if the spouse demonstrates that during the marriage 

he or she (or a child) has been battered or has been subjected to 

extreme cruelty perpetrated by the principal alien. This section is 

intended to reduce domestic violence by giving victims tools to protect themselves and hold abusers accountable. Research has found 

123 

the financial dependence on an abuser is a primary reason that 

battered women are reluctant to cooperate in their abuser’s prosecution. With employment authorization, many abused spouses protected by this section will be able to attain work providing them 

the resources that will make them more able to safely act to stop 

the domestic violence. The specially trained CIS unit shall adjudicate these requests. 

Section 934. Grounds for Hardship Waiver for Conditional Permanent Residence for Intended Spouses 

Section 934 adds an additional ground for a hardship waiver of 

the 2-year conditional permanent resident joint petition requirement for an alien spouse of a citizen or permanent resident. Under 

this section such spouses may qualify for a waiver if, following the 

marriage ceremony, the alien has been battered or subject to extreme cruelty by their intended U.S. citizen spouse. This section allows battered immigrants who participated in a marriage ceremony 

and unknowingly married an abusive U.S. citizen or lawful permanent resident bigamist to avail themselves of an intended spouse 

hardship waiver and attain lawful permanent residency. 

Section 935. Cancellation of Removal 

VAWA 2000 created several new waivers and exceptions to deportation and grounds of inadmissibility that might otherwise bar 

domestic violence victims from gaining immigration status. Due to 

a drafting error, immigration judges could not utilize many of these 

waivers and exceptions. Section 935(a) clarifies that immigration 

judges can utilize these waivers and exceptions to provide relief for 

VAWA applicants. This subsection shall apply retroactively as if included in VAWA 2000. Judges are expected to continue to exercise 

discretion, where appropriate, in determining ultimate eligibility 

for the waivers and exceptions, taking into account the ameliorative intent of these laws. This section also provides that an alien 

remains eligible for cancellation of removal as a battered alien if 

removable for failure to register or document fraud or for marriage 

fraud (if there was a connection between the marriage fraud and 

the battery or extreme cruelty; this Committee encourages the Department of Homeland Security to define ‘‘connection’’ for purposes 

of this section using standards and analysis similar to that described in the previously cited policy memoranda). 

Section 935(b) provides that the 4,000 annual limit on cancellations of removal does not apply to cancellations of removal of battered aliens. 

Section 936. Motions to Reopen 

Section 936 contains amendments that clarify the VAWA 2000 

motions to reopen for abused aliens, enabling otherwise eligible 

VAWA applicants to pursue VAWA relief from removal, deportation 

or exclusion. This section provides that the limitation of one motion 

to reopen a removal proceeding shall not prevent the filing of one 

special VAWA motion to reopen. In addition, a VAWA petitioner 

can file a motion to reopen removal proceedings after the normal 

90-day cut-off period, measured from the time of the final administrative order of removal. However, such battered aliens must be 

physically present in the U.S. at the time of filing the special moVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00127 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
124 

tion. The filing of a special VAWA motion to reopen shall stay the 

removal of the alien pending final disposition of the motion, including exhaustion of all appeals, if the motion establishes a prima 

facie case for the relief. One VAWA 2005 post-enactment motion to 

reopen may be filed by a VAWA applicant. Aliens who filed and 

were denied special VAWA motions under VAWA 2000 may file one 

new motion under this Act. 

Section 937. Removal Proceedings 

Some abusers have prevented their victims from attending their 

removal proceedings. As a result, these battered victims are ordered deported in absentia. Under current law, the in absentia orders may be rescinded if the applicant files a motion to reopen and 

demonstrates that there were exceptional circumstances for failure 

to appear at the removal hearing. Section 937 provides that battery 

or extreme cruelty of the alien (or a child or parent of the alien) 

shall qualify as exceptional circumstances justifying failure to appear at a removal proceeding. 

Section 938. Conforming Relief in Suspension of Deportation Parallel to the Relief Available in VAWA-2000 Cancellation for 

Bigamy 

Section 938 provides that suspension of deportation for battered 

aliens, as it existed before 1996, shall apply in cases of battery perpetrated by a U.S. citizen or permanent resident whom the alien 

intended to marry, but whose marriage was not legitimate because 

of the citizen’s or permanent resident’s bigamy. VAWA 2000 offered 

protection to intended immigrant spouses who unknowingly married bigamists for purposes of VAWA self-petitioning and VAWA 

cancellation of removal. This section adds protection under VAWA 

suspension of deportation. 

Section 939. Correction of Cross-Reference to Credible Evidence Provisions 

Technical corrections to conform correct cross-reference for 

VAWA credible evidence provisions in the Cuban Adjustment Act, 

NACARA, IIRIRA, and HRIFA. 

Section 940. Technical Corrections 

Technical corrections. 

TITLE X—SAFETY ON TRIBAL LANDS

Section 1001. Purposes 

This section establishes the purpose of this Title to reduce domestic violence, dating violence, sexual assault and stalking on 

tribal lands and hold perpetrators accountable. 

Section 1002. Consultation 

This section requires the Attorney General to consult with Indian 

tribes regarding ways to improve the grant funds to Indian tribes 

to address violent crimes on reservations. 

125 

Section 1003. Analysis and Research on Violence on Tribal Lands 

This section requires the Attorney General to conduct a study 

and establish a task force to address domestic violence, dating violence, sexual assault and stalking on Indian reservations. 

Section 1004. Tracking of Violence on Tribal Lands 

This section allows the tribes and the Attorney General to exchange information with regard to incidents of domestic violence, 

dating violence, sexual assault and stalking on tribal lands. 

Section 1005. Tribal Division of the Office of Violence Against 

Women 

This section establishes a division within the Violence Against 

Women Office to focus on violence on tribal lands and allows consolidation of all the tribal set asides within the VAWA reauthorization. 

Section 1006. GAO Report 

This section requires GAO to study the status of prosecution on 

tribal lands and make recommendations about ways to increase the 

number of prosecutions. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of Rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

PART A—OFFICE OF JUSTICE PROGRAMS

* * * * * * * 

DUTIES AND FUNCTIONS OF ASSISTANT ATTORNEY GENERAL

SEC. 102. (a) The Assistant Attorney General shall—

(1) * * * 

* * * * * * * 

(5) coordinate and provide staff support to coordinate the 

activities of the Office and the Bureau of Justice Assistance, 

the National Institute of Justice, the Bureau of Justice Statistics, the Office for Victims of Crime, and the Office of Juvenile 

Justice and Delinquency Prevention; and 

(6) exercise such other powers and functions as may be 

vested in the Assistant Attorney General pursuant to this title 

or by delegation of the Attorney General, including placing 

126 

special conditions on all grants, and determining priority purposes for formula grants. 

* * * * * * * 

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 drug-related 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—

(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 

127 

(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— (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— (A) shall use not less than 40 percent of the grant 

amounts for Seeding activities under subsection (a)(2); and 

(B) may not use any of the grant amounts for construction, except that the Assistant Attorney General may auVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00131 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
128 

thorize 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 be available for programs or services provided in the community. 

SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT. 

(a) ESTABLISHMENT.—

(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 performance audits 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. 

129 

(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) PERFORMANCE AUDITS REQUIRED.—

(1) IN GENERAL.—The Director shall select grants awarded 

under the programs covered by subsection (b) and carry out performance audits 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 PERFORMANCE AUDITS.—The performance 

audit 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 performance audit 

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 informaVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00133 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
130 

tion relating to the grants made under the programs covered by subsection (b). 

(f) AVAILABILITY OF FUNDS.—Not to exceed 5 percent of all 

funding made available for a fiscal year for the programs covered 

by subsection (b) shall be reserved for the activities of the Office of 

Audit, Assessment, and Management as authorized by this 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. 

(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 

131 

(2) incorporate those characteristics into the training provided under this section. 

(e) AVAILABILITY OF FUNDS.—Not to exceed 5 percent of all 

funding made available for a fiscal year for the programs covered 

by section 105(b) shall be reserved for the activities of the Community Capacity Development Office as authorized by this section. 

SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY. 

(a) ESTABLISHMENT.—There is established within the Office an 

Office of Applied Law Enforcement Technology, headed by a Director appointed by the Attorney General. The purpose of the Office 

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 Office, the Director 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. 

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. 

PART C—BUREAU OF JUSTICE STATISTICS

* * * * * * * 

132 

ESTABLISHMENT, DUTIES, AND FUNCTIONS

SEC. 302. (a) * * * 

(b) The Bureau shall be headed by a Director appointed by the 

President, by and with the advice and consent of the Senate. The 

Director shall have had experience in statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall be 

responsible for the integrity of data and statistics and shall protect 

against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall not engage in any other employment than 

that of serving as Director; nor shall the Director hold any office 

in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this Act. 

(c) The Bureau is authorized to—

(1) * * * 

* * * * * * * 

ø(19) provide for research and improvements in the accuracy, completeness, and inclusiveness of criminal history record 

information, information systems, arrest warrant, and stolen 

vehicle record information and information systems and support research concerning the accuracy, completeness, and inclusiveness of other criminal justice record information;¿ 

(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 Criminal History 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; 

* * * * * * * 

(d) To insure that all justice statistical collection, analysis, and 

dissemination is carried out in a coordinated manner, the Director 

is authorized to—

(1) * * * 

* * * * * * * 

(4) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice 

records; øand¿ 

(5) encourage replication, coordination and sharing among 

justice agencies regarding information systems, information 

policy, and dataø.¿; and 

(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 

133 

with all laws and regulations applicable to the disclosure and 

use of data. 

* * * * * * * 

USE OF DATA

SEC. 304. Data collected by the Bureau shall be used only for 

statistical or research purposes, and shall be gathered in a manner 

that precludes their use for law enforcement or any purpose relating to a øparticular individual¿ private person or public agency 

other than statistical or research purposes. 

* * * * * * * 

PART E—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

øNAME OF PROGRAMS

øSEC. 500. The grant programs established under this part 

shall be known as the ‘‘Edward Byrne Memorial State and Local 

Law Enforcement Assistance Programs’’. 

øSubpart 1—Drug Control and System 

Improvement Grant Program 

øDESCRIPTION OF THE DRUG CONTROL AND SYSTEM IMPROVEMENT

GRANT PROGRAM

øSEC. 501. (a) It is the purpose of this subpart to assist States 

and units of local government in carrying out specific programs 

which offer a high probability of improving the functioning of the 

criminal justice system, with special emphasis on a nationwide and 

multilevel drug control strategy by developing programs and 

projects to assist multijurisdictional and multi-State organizations 

in the drug control problem and to support national drug control 

priorities. 

ø(b) The Director of the Bureau of Justice Assistance (hereafter 

in this part referred to as the ‘‘Director’’) is authorized to make 

grants to States, for the use by States and units of local government in the States, for the purpose of enforcing State and local 

laws that establish offenses similar to offenses established in the 

Controlled Substances Act (21 U.S.C. 801 et seq.) and to improve 

the functioning of the criminal justice system with emphasis on 

violent crime and serious offenders. Such grants shall provide additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, and detention and rehabilitation of persons who 

violate these laws, and to assist the victims of such crimes (other 

than compensation), including—

ø(1) demand reduction education programs in which law 

enforcement officers participate; 

ø(2) multijurisdictional task force programs that integrate 

Federal, State, and local drug law enforcement agencies and 

prosecutors for the purpose of enhancing interagency coordination, intelligence, and facilitating multijurisdictional investigations; 

134 

ø(3) programs designed to target the domestic sources of 

controlled and illegal substances, such as precursor chemicals, 

diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations and to remove any hazardous substance or 

pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; 

ø(4) providing community and neighborhood programs that 

assist citizens in preventing and controlling crime, including 

special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions; 

ø(5) disrupting illicit commerce in stolen goods and property; 

ø(6) improving the investigation and prosecution of whitecollar crime, organized crime, public corruption crimes, and 

fraud against the government with priority attention to cases 

involving drug-related official corruption; 

ø(7)(A) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street 

sales enforcement, schoolyard violator programs, gang-related 

and low-income housing drug control programs; 

ø(B) developing and implementing antiterrorism plans for 

deep draft ports, international airports, and other important 

facilities; 

ø(8) career criminal prosecution programs including the 

development of proposed model drug control legislation; 

ø(9) financial investigative programs that target the identification of money laundering operations and assets obtained 

through illegal drug trafficking, including the development of 

proposed model legislation, financial investigative training, and 

financial information sharing systems; 

ø(10) improving the operational effectiveness of the court 

process, by expanding prosecutorial, defender and judicial resources, and implementing court delay reduction programs; 

ø(11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies; 

ø(12) providing prison industry projects designed to place 

inmates in a realistic working and training environment which 

will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of 

their own families, and for support of themselves in the institution; 

ø(13) providing programs which identify and meet the 

treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders; 

ø(14) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other 

than compensation) to victims of crimes; 

ø(15)(A) developing programs to improve drug control technology, such as pretrial drug testing programs, programs 

which provide for the identification, assessment, referral to 

treatment, case management and monitoring of drug dependVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00138 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
135 

ent offenders, enhancement of State and local forensic laboratories, and 

ø(B) criminal and justice information systems to assist law 

enforcement, prosecution, courts, and corrections organization 

(including automated fingerprint identification systems); 

ø(16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes; 

ø(17) addressing the problems of drug trafficking and the 

illegal manufacture of controlled substances in public housing. 

ø(18) improving the criminal and juvenile justice system’s 

response to domestic and family violence, including spouse 

abuse, child abuse, and abuse of the elderly; 

ø(19) drug control evaluation programs which the State 

and local units of government may utilize to evaluate programs 

and projects directed at State drug control activities; 

ø(20) providing alternatives to prevent detention, jail, and 

prison for persons who pose no danger to the community; 

ø(21) programs of which the primary goal is to strengthen 

urban enforcement and prosecution efforts targeted at street 

drug sales; 

ø(22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles; 

ø(23) programs that address the need for effective bindover 

systems for the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction over adults for the crimes of— ø(A) murder in the first degree; 

ø(B) murder in the second degree; 

ø(C) attempted murder; 

ø(D) armed robbery when armed with a firearm; 

ø(E) aggravated battery or assault when armed with 

a firearm; 

ø(F) criminal sexual penetration when armed with a 

firearm; and 

ø(G) drive-by shootings as described in section 36 of 

title 18, United States Code; 

ø(24) law enforcement and prevention programs relating to 

gangs, or to youth who are involved or at risk of involvement 

in gangs; 

ø(25) developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (hereinafter in this 

title referred to as ‘‘DNA’’) for identification purposes; 

ø(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities; 

ø(27) enforcing child abuse and neglect laws, including 

laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect; and 

ø(28) establishing or supporting cooperative programs between law enforcement and media organizations, to collect, 

record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders. 

ø(27) improving the quality, timeliness, and credibility of forensic science services for criminal justice purposes. 

136 

ø(c) Each program funded under this section shall contain an 

evaluation component, developed pursuant to guidelines established by the National Institute of Justice, in consultation with the 

Bureau of Justice Assistance. The Director of the Bureau of Justice 

Assistance may waive this requirement when in the opinion of the 

Director—

ø(1) the program is not of sufficient size to justify a full 

evaluation report; or 

ø(2) the program is designed primarily to provide material 

resources and supplies, such as laboratory equipment, that 

would not justify a full evaluation report. 

øELIGIBILITY

øSEC. 502. The Bureau is authorized to make financial assistance under this subpart available to a State to enable it to carry 

out all or a substantial part of a program or project submitted and 

approved in accordance with the provisions of this subpart. 

øSTATE APPLICATIONS

øSEC. 503. (a) To request a grant under this subpart, the chief 

executive officer of a State shall submit an application within 60 

days after the Bureau has promulgated regulations under this section, and for each subsequent year, within 60 days after the date 

that appropriations for this part are enacted, in such form as the 

Director may require. Such application shall include the following: 

ø(1) A statewide strategy for drug and violent crime control programs which improve the functioning of the criminal 

justice system, with an emphasis on drug trafficking, violent 

crime, and serious offenders. The strategy shall be prepared 

after consultation with State and local officials with emphasis 

on those whose duty it is to enforce drug and criminal laws 

and direct the administration of justice and shall contain—

ø(A) a definition and analysis of the drug and violent 

crime problem in the State, and an analysis of the problems in each of the counties and municipalities with major 

drug and violent crime problems; 

ø(B) an assessment of the criminal justice resources 

being devoted to crime and drug control programs at the 

time of the application; 

ø(C) coordination requirements; 

ø(D) resource needs; 

ø(E) the establishment of statewide priorities for crime 

and drug control activities and programs; 

ø(F) an analysis of the relationship of the proposed 

State efforts to the national drug control strategy; and 

ø(G) a plan for coordinating the programs to be funded 

under this part with other federally funded programs, including State and local drug abuse education, treatment, 

and prevention programs. 

ø(2) A certification that Federal funds made available 

under the formula grant of 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. 

137 

ø(3) A certification that funds required to pay the non-Federal portion of the cost of each program and project for which 

such grant is made shall be in addition to funds that would 

otherwise be made available for law enforcement by the recipients of grant funds. 

ø(4) An assurance that the State application described in 

this section, and any amendment to such application, has been 

submitted for review to the State legislature or its designated 

body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature 

or such body does not review such application or amendment 

within the 30-day period beginning on the date such application or amendment is so submitted). 

ø(5) An assurance that the State application and any 

amendment thereto was made public before submission to the 

Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. 

ø(6) An assurance that following the first fiscal year covered by an application and for each fiscal year thereafter, a 

performance evaluation and assessment report concerning the 

activities carried out pursuant to this section will be submitted 

to the Bureau. 

ø(7) A provision for fund accounting, auditing, monitoring, 

and such evaluation procedures as may be necessary to keep 

such records that the Bureau shall prescribe to assure fiscal 

control, proper management, and efficient disbursement of 

funds reviewed under this section. 

ø(8) An assurance that the applicant shall maintain such 

data and information and submit such reports in such form, at 

such times, and containing such data and information as the 

Bureau may reasonably require to administer other provisions 

of this subpart. 

ø(9) A certification that its programs meet all the requirements of this section, that all the information contained in the 

application is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of this subpart and all other applicable 

Federal laws. Such certification shall be made in a form acceptable to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations promulgated by the Office. 

ø(10) A certification that the State is undertaking initiatives to reduce, through the enactment of innovative penalties 

or increasing law enforcement efforts, the demand for controlled substances by holding accountable those who unlawfully 

possess or use such substances. 

ø(11) An assurance that the State has established a plan 

under which the State will provide without fee to the Immigration and Naturalization Service, within 30 days of the date of 

their conviction, the certified records of conviction of aliens 

who have been convicted of violating the criminal laws of the 

State. 

ø(12) If any part of funds received from a grant made 

under this part is to be used to develop or improve a DNA 

138 

analysis capability in a forensic laboratory, a certification 

that—

ø(A) DNA analyses performed at such laboratory will 

satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director 

of the Federal Bureau of Investigation under section 

210303 of the DNA Identification Act of 1994; 

ø(B) DNA samples obtained by, and DNA analyses 

performed at, such laboratory will be accessible only—

ø(i) to criminal justice agencies for law enforcement identification purposes; 

ø(ii) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; 

ø(iii) for criminal defense purposes, to a defendant, who shall have access to samples and analyses 

performed in connection with the case in which such 

defendant is charged; or 

ø(iv) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, 

or for quality control purposes; and 

ø(C) such laboratory, and each analyst performing 

DNA analyses at such laboratory, will undergo semiannual 

external proficiency testing by a DNA proficiency testing 

program meeting the standards issued under section 

210303 of the DNA Identification Act of 1994. 

ø(13) If any part of the amount received from a grant under 

this part is to be used to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes, a 

certification that, as of the date of enactment of this paragraph, the 

State, or unit of local government within the State, has an established—

ø(A) forensic science laboratory or forensic science laboratory system, that—

ø(i) employs 1 or more full-time scientists—

ø(I) whose principal duties are the examination of 

physical evidence for law enforcement agencies in 

criminal matters; and 

ø(II) who provide testimony with respect to such 

physical evidence to the criminal justice system; 

ø(ii) employs generally accepted practices and procedures, as established by appropriate accrediting organizations; and 

ø(iii) is accredited by the Laboratory Accreditation 

Board of the American Society of Crime Laboratory Directors, the National Association of Medical Examiners, or 

any other nonprofit, professional organization that may be 

recognized within the forensic science community as competent to award such accreditation, or will use a portion of 

the grant amount to prepare and apply for such accreditation by not later than 2 years after the date on which a 

grant is initially awarded under this paragraph; or 

ø(B) medical examiner’s office (as defined by the National 

Association of Medical Examiners) that—

139 

ø(i) employs generally accepted practices and procedures, as established by appropriate accrediting organizations; and 

ø(ii) is accredited by the Laboratory Accreditation 

Board of the American Society of Crime Laboratory Directors or the National Association of Medical Examiners, or 

will use a portion of the grant amount to prepare and 

apply for such accreditation by not later than 2 years after 

the date on which a grant is initially awarded under this 

paragraph. 

ø(b) Within 30 days after the date of enactment of this part, 

the Director shall promulgate regulations to implement this section 

(including the information that must be included and the requirements that the States must meet) in submitting the applications 

required under this section. 

øGRANT LIMITATIONS

øSEC. 504. (a) A grant made under this subpart may not—

ø(1) for fiscal year 1991 appropriations be expended for 

more than 75 per centum; and 

ø(2) for any subsequent fiscal year appropriations be expended for more than 75 per centum; 

of the cost of the identified uses for which such grant is received 

to carry out any purpose specified in section 501(b), except that in 

the case of funds distributed to an Indian tribe which performs law 

enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant 

shall be equal to 100 percent of such cost. The non-Federal portion 

of the expenditures for such uses shall be paid in cash. 

ø(b) Not more than 10 percent of a grant made to an eligible 

State under section 506 may be used for costs incurred to administer such grant. 

ø(c) States and units of local government or combinations 

thereof are authorized to use a grant made under section 506 for 

the expenses associated with participation in the State and Local 

Task Force Program established by the Drug Enforcement Administration. 

ø(d) States and local units of government are authorized to use 

a grant made under section 506 for the expenses associated with 

conducting the evaluations required under section 501(c) of this 

part. 

ø(e) The non-Federal portion of the cost of such program or 

project shall be in cash. State and local units of government may 

use cash received under the equitable sharing program to cover the 

non-Federal portion of the costs of programs funded under section 

506. 

ø(f) Except for grants awarded to State and local governments 

for the purpose of participating in multijurisdictional drug task 

forces victims assistance programs, or multijurisdictional gang task 

forces, no funds may be awarded under this subpart to a grant recipient for a program or project for which funds have been awarded 

under this title for 4 years (in the aggregate), including any period 

occurring before the effective date of this subsection. 

140 

øREVIEW OF STATE APPLICATIONS

øSEC. 505. (a) The Bureau shall provide financial assistance to 

each State applicant under this subpart to carry out the programs 

or projects submitted by such applicant upon determining that—

ø(1) the application or amendment thereto is consistent 

with the requirements of this subpart; and 

ø(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in 

writing that the program or project has been reviewed in accordance with this subpart. 

ø(b) Each application or amendment made and submitted for 

approval to the Bureau pursuant to section 503 shall be deemed 

approved, in whole or in part, by the Bureau not later than 45 days 

after first received unless the Bureau informs the applicant of specific reasons for disapproval. 

ø(c) Grant funds awarded under this subpart shall not be used 

for land acquisition or construction projects, other than penal and 

correctional institutions. 

ø(d) The Bureau shall not finally disapprove any application, 

or any amendment thereto, submitted to the Director under this 

section without first affording the applicant reasonable notice and 

opportunity for reconsideration. 

øALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS

øSEC. 506. (a) Subject to subsection (f), of the total amount appropriated for this part in any fiscal year, the amount remaining 

after setting aside the amount to be reserved to carry out section 

511 of this title shall be set aside for section 502 and allocated to 

States as follows: 

ø(1) 0.4 percent shall be allocated to each of the States; 

and 

ø(2) of the total funds remaining after the allocation under 

paragraph (1), there shall be allocated to each State an amount 

which bears the same ratio to the amount of remaining funds 

described in this paragraph as the population of such State 

bears to the population of all the States. 

ø(b)(1) Each State which receives funds under subsection (a) of 

this section in a fiscal year shall distribute among units of local 

government, or combinations of units of local government, in such 

State for the purposes specified in section 501(b) that portion of 

such funds which bears the same ratio to the aggregate amount of 

such funds as the amount of funds expended by all units of local 

government for criminal justice in the preceding fiscal year bears 

to the aggregate amount of funds expended by the State and all 

units of local government in such State for criminal justice in such 

preceding fiscal year. 

ø(2) In distributing funds received under this part among 

urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions 

with the greatest need. 

ø(3) Any funds not distributed to units of local government 

under paragraph (2) shall be available for expenditure by the State 

involved. 

141 

ø(4) For purposes of determining the distribution of funds 

under paragraphs (1) and (2), the most accurate and complete data 

available for the fiscal year involved shall be used. If data for such 

fiscal year are not available, then the most accurate and complete 

data available for the most recent fiscal year preceding such fiscal 

year shall be used. 

ø(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any program 

other than a program contained in an approved application. 

ø(d) If the Director determines, on the basis of information 

available during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a 

State will be unable to qualify or receive funds under section 502, 

or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by 

the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to 

those jurisdictions with greatest need. 

ø(e) Any funds allocated under subsection (a) or (f) that are not 

distributed under this section shall be available for obligation 

under subpart 2. 

ø(f)(1) For any fiscal year beginning more than 2 years after 

the effective date of this subsection—

ø(A) 90 percent of the funds allocated under subsection (a) 

without regard to this subsection to a State described in paragraph (2) shall be distributed by the Director to such State; 

and 

ø(B) 10 percent of such funds shall be allocated equally 

among States that are not affected by the operation of subparagraph (A). 

ø(2) Paragraph (1)(A) refers to a State that does not have in 

effect, and does not enforce, in such fiscal year, a law that requires 

the State at the request of the victim of a sexual act—

ø(A) to administer, to the defendant convicted under State 

law of such sexual act, a test to detect in such defendant the 

presence of the etiologic agent for acquired immune deficiency 

syndrome; 

ø(B) to disclose the results of such test to such defendant 

and to the victim of such sexual act; and 

ø(C) to provide to the victim of such sexual act counseling 

regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support 

services. 

ø(3) For purposes of this subsection—

ø(A) the term ‘‘convicted’’ includes adjudicated under juvenile proceedings; and 

ø(B) the term ‘‘sexual act’’ has the meaning given such 

term in subparagraph (A) or (B) of section 2245(1) of title 18, 

United States Code. 

øSTATE OFFICE

øSEC. 507. (a) The chief executive of each participating State 

shall designate a State office for purposes of—

142 

ø(1) preparing an application to obtain funds under section 

503; 

ø(2) administering funds received under such section from 

the Director, including receipt, review, processing, monitoring, 

progress and financial report review, technical assistance, 

grant adjustments, accounting, auditing and fund disbursements; and 

ø(3) coordinating the distribution of funds provided under 

this part with State agencies receiving Federal funds for drug 

abuse education, prevention, treatment, and research activities 

and programs. 

ø(b) An office or agency performing other functions within the 

executive branch of a State may be designated to carry out the 

functions specified in subsection (a). 

øDISTRIBUTION OF GRANTS TO LOCAL GOVERNMENT

øSEC. 508. (a) Each application made by a local unit of government, or a combination of units of local government, to a State for 

funds under this subchapter shall be deemed approved, in whole or 

in part, by the State not later than 45 days after first received unless the State informs the applicant in writing of specific reasons 

for disapproval. The State shall not finally disapprove any application submitted to the State without first affording the applicant 

reasonable notice and opportunity for reconsideration. 

ø(b) Each State which receives funds under section 506 in a 

fiscal year shall make such funds available to local units of government, or combinations thereof, whose application has been submitted to, approved and awarded by the State, within 45 days after 

the Bureau has approved the State application and has made funds 

available to such State. The Director shall have the authority to 

waive the 45-day requirement in this section upon a finding that 

the State cannot satisfy that requirement consistent with State 

statutes. 

øIMPROVEMENT OF CRIMINAL JUSTICE RECORDS

øSEC. 509. (a) Subject to subsection (d), each State which receives funds under section 506 in a fiscal year shall allocate not 

less than 5 percent of such funds to the improvement of criminal 

justice records. 

ø(b) The improvement referred to in subsection (a) shall include— ø(1) the completion of criminal histories to include the 

final dispositions of all arrests for felony offenses; 

ø(2) the full automation of all criminal justice histories and 

fingerprint records; 

ø(3) the frequency and quality of criminal history reports 

to the Federal Bureau of Investigation; and 

ø(4) the improvement of State record systems and the 

sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and 

the records required by the Attorney General under section 103 

of the Brady Handgun Violence Prevention Act, for the purpose 

of implementing that Act. 

ø(4) the improvement of State record systems and the 

sharing of all of the records described in paragraphs (1), (2), 

143 

and (3) and the child abuse crime records required under the 

National Child Protection Act of 1993 with the Attorney General for the purpose of implementing the National Child Protection Act of 1993. 

ø(c) The Director, in consultation with the Director of the Bureau of Justice Statistics, shall establish guidelines for the fulfillment of the requirements specified in subsections (a) and (b) of this 

section. 

ø(d) In accordance with such guidelines as the Director shall 

issue and on the request of a State, the Director may— ø(1) waive compliance with subsection (a) by such State; or 

ø(2) authorize such State to reduce the minimum amount 

such State is required to allocate under subsection (a); 

if the Director, in the discretion of the Director, finds that the quality of the State’s criminal justice records does not warrant expending the amount allocated under subsection (a). 

øSubpart 2—Discretionary Grants 

øCHAPTER A—GRANTS TO PUBLIC AND 

PRIVATE ENTITIES 

øPURPOSES

øSEC. 510. (a) The purpose of this chapter is to provide additional Federal financial assistance to public or private agencies and 

private nonprofit organizations for purposes of— ø(1) undertaking educational and training programs for— ø(A) criminal justice personnel; and 

ø(B) the general public, with respect to the lawful and 

safe ownership, storage, carriage, or use of firearms, including the provision of secure gun storage or safety devices; 

ø(2) providing technical assistance to States and local 

units of government; 

ø(3) undertaking projects which are national or multijurisdictional in scope and which address the purposes specified in 

section 501(b); and 

ø(4) providing financial assistance to public agencies and 

private nonprofit organizations for demonstration programs 

which, in view of previous research or experience, are likely to 

be a success in more than one jurisdiction. 

ø(b) In carrying out this chapter, the Director is authorized to 

make grants to, or enter into contracts with non-Federal public or 

private agencies, institutions, or organizations or individuals to 

carry out any purpose specified in section 501(b) and is authorized 

to make grants to, or enter into contracts with, those persons and 

entities to carry out the purposes specified in subsection (a)(1)(B) 

in accordance with subsection (c). The Director shall have final authority over all funds awarded under this chapter. 

ø(c)(1) In accordance with this subsection, the Director may 

make a grant to, or enter into a contract with, any person or entity 

referred to in subsection (b) to provide for a firearm safety program 

that, in a manner consistent with subsection (a)(1)(B), provides for 

general public training and dissemination of information conVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00147 Fmt 6659 Sfmt 9001 E:\HR\OC\HR233.XXX HR233
144 

cerning firearm safety, secure gun storage, and the lawful ownership, carriage, or use of firearms, including the provision of secure 

gun storage or safety devices. 

ø(2) Funds made available under a grant under paragraph (1) 

may not be used (either directly or by supplanting non-Federal 

funds) for advocating or promoting gun control, including making 

communications that are intended to directly or indirectly affect 

the passage of Federal, State, or local legislation intended to restrict or control the purchase or use of firearms. 

ø(3) Except as provided in paragraph (4), each firearm safety 

program that receives funding under this subsection shall provide 

for evaluations that shall be developed pursuant to guidelines that 

the Director of the National Institute of Justice of the Department 

of Justice, in consultation with the Director of the Bureau of Justice Assistance and recognized private entities that have expertise 

in firearms safety, education and training, shall establish. 

ø(4) With respect to a firearm safety program that receives 

funding under this section, the Director may waive the evaluation 

requirement described in paragraph (3) if the Director determines 

that the program—

ø(A) is not of a sufficient size to justify an evaluation; or 

ø(B) is designed primarily to provide material resources 

and supplies, and that activity would not justify an evaluation. 

ø(d) No grants or contracts under subsection (b) may be made, 

entered into, or used, directly or indirectly, to provide any security 

enhancements or any equipment to any non-governmental entity 

that is not engaged in law enforcement or law enforcement support, 

criminal or juvenile justice, or delinquency prevention. 

øALLOCATION OF FUNDS FOR GRANTS

øSEC. 511. Of the total amount appropriated for this part 

(other than chapter B of this subpart) in any fiscal year, 20 percent 

or $50,000,000, whichever is less, shall be reserved and set aside 

for this section in a special discretionary fund for use by the Director in carrying out the purposes specified in section 501(b). Grants 

under this section may be made for amounts up to 100 percent of 

the costs of the programs or projects contained in the approved application. 

øLIMITATION ON USE OF DISCRETIONARY GRANT FUNDS

øSEC. 512. Grant funds awarded under section 511 shall not be 

used for land acquisition or construction projects.¿ 

Subpart 1—Edward Byrne Memorial Justice 

Assistance Grant Program 

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.—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 

145 

Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a). 

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 such funds 

to provide such matters essential to the maintenance of public 

safety and good order—

(A) vehicles, vessels, or aircraft; 

146 

(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 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; 

147 

(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)—

(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.—

148 

(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 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 

149 

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 GOVERN- MENT.— (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 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 

150 

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 GOVERNMENT.—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. 

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. 

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 

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. 

151 

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. 

* * * * * * * 

CHAPTER C—GENERAL REQUIREMENTS 

APPLICATION REQUIREMENTS

SEC. 517. (a) No grant may be made under this subpart unless 

an application has been submitted to the Director in which the applicant—

(1) sets forth a program or project which is eligible for 

funding øpursuant to section 511 or 515¿ pursuant to section 

515; 

* * * * * * * 

Subpart 3—Administrative Provisions 

EVALUATION

SEC. 520. (a) To increase the efficiency and effectiveness of programs funded under this part, the National Institute of Justice 

shall—

(1) develop guidelines, in cooperation with the Bureau of 

Justice Assistance, to assist State and local units of government to conduct øthe program evaluations as required by section 501(c) of this part¿ program evaluations; and 

(2) conduct a reasonable number of comprehensive øevaluations of programs funded under section 506 (formula grants) 

and sections 511 and 515 (discretionary grants) of this part¿ 

evaluations of programs funded under section 505 (formula 

grants) and section 515 (discretionary grants) of this part. 

(b) In selecting programs for review, the Director of the National Institute of Justice should consider—

(1) * * * 

(2) the cost of the program to be evaluated and the number 

of similar øprograms funded under section 506 (formula 

grants) and section 511 (discretionary grants)¿ programs funded under section 505 (formula grants); 

* * * * * * * 

REPORTS

SEC. 522. (a) Each State which receives a grant under section 

ø506¿ 505 shall submit to the Director, for each year in which any 

part of such grant is expended by a State or unit of local government, a report which contains—

(1) a summary of the activities carried out with such grant 

and øan assessment of the impact of such activities on meeting 

the needs identified in the State strategy submitted under secVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00155 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
152 

tion 503¿ an assessment of the impact of such activities on 

meeting the purposes of subpart 1; 

* * * * * * * 

øPART F—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

øAUTHORITY FOR PAYMENTS

øSEC. 601. In order to relieve overcrowding and substandard 

conditions at State and local correctional facilities, the Director of 

the Bureau of Justice Assistance (hereinafter in this part referred 

to as the ‘‘Director’’) is authorized to make grants to States, units 

of local government, and combinations of such units to assist in 

construction of correctional facility projects approved under this 

part, and in planning to relieve overcrowding and substandard conditions in correctional facilities. 

øELIGIBILITY

øSEC. 602. (a) A State, unit of local government, or combination of such units shall be eligible for assistance under this part for 

a correctional facility project only—

ø(1) if the Director, with the concurrence of the Director of 

the National Institute of Corrections established in chapter 319 

of title 18, United States Code, has made a determination that 

such project represents a prototype of new and innovative 

methods and advanced design that will stand as examples of 

technology for avoiding delay and reducing costs in correctional 

facility design, construction, and improvement; and 

ø(2) for not more than one such project in any State per 

fiscal year. 

ø(b) A State, a unit of local government, or a combination of 

such units shall be eligible for assistance under this part for the 

development of a plan for relieving overcrowding or substandard 

conditions in correctional facilities operated by the State, a unit of 

local government, or a combination of such units. Such assistance 

shall not exceed 50 percent of the cost of developing the plan. 

øAPPLICATION; APPROVAL; PAYMENT

øSEC. 603. (a) A State, unit of local government, or combination of such units desiring to receive assistance under this part for 

a correctional facility project shall submit to the Director an application which shall include— ø(1) reasonable assurance that the applicant has developed 

an acceptable plan for reducing overcrowding and improving 

conditions of confinement in its correctional facilities and has 

implemented, or is in the process of implementing, such plan 

through legislative, executive, or judicial initiatives; 

ø(2) a detailed description of the correctional facility to be 

constructed, altered, or expanded, including a description of 

the site of such facility; 

ø(3) an estimate of the total cost of the construction of 

such project, including the amount of assistance requested for 

such project; 

153 

ø(4) reasonable assurance that title to such site is or will 

be vested solely in the applicant, or another agency or instrumentality of the applicant; 

ø(5) reasonable assurance that adequate financial support 

will be available for the construction of the project and for its 

maintenance and operation when complete; and 

ø(6) reasonable assurance that the applicant will comply 

with the standards and recommendations of the clearinghouse 

on the construction and modernization of correctional facilities 

established under section 606. 

ø(b)(1) The Director may approve any such application only if 

the Director finds that—

ø(A) there are sufficient funds available to provide the assistance requested; 

ø(B) such assistance does not exceed 20 percent of the estimated total cost of construction; 

ø(C) the application contains such reasonable assurances 

as may be required under subsection (a); and 

ø(D) the eligibility criteria of section 602 are met. 

ø(2) In approving applications under this subsection, the Director shall consider the numbers and general characteristics of the 

inmate population (to include factors such as offenders’ ages, offenses, average term of incarceration, and custody status), and the 

degree to which the applicant has implemented an inmate classification system which addresses the need for appropriate security 

assignment. 

ø(c) Upon approving an application under this section, the Director shall award the amount of assistance so approved, but in no 

event an amount greater than 20 percent of the cost of construction 

of the approved correctional facility project, and shall provide for 

payment to the applicant or, if designated by the applicant, any 

agency or instrumentality of the applicant. Such amount shall be 

paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Director 

may determine. Funds paid under this subsection for the construction of an approved project shall be used solely for carrying out 

such project as so approved. 

ø(d) An amendment of any application shall be subject to approval in the same manner as an original application. 

øRECAPTURE PROVISIONS

øSEC. 605. If, within 20 years after completion of any correctional facility project with respect to which assistance has been provided under this part, such facility ceases to be operated as a correctional facility, the United States may recover from the recipient 

of such assistance any amount not to exceed 20 percent of the then 

current value of such project (but in no event an amount greater 

than the amount of assistance provided under this part for such 

project), as determined by agreement with the parties or by action 

brought in the district court of the United States for the district in 

which such facility is situated. 

154 

øCLEARINGHOUSE ON THE CONSTRUCTION AND MODERNIZATION OF

CRIMINAL JUSTICE FACILITIES

øSEC. 606. (a) The Director shall provide for the operation of 

a clearinghouse on the construction and modernization of correctional facilities, which shall collect, prepare, and disseminate to the 

public and to interested State and local public agencies information, including recommendations, pertaining to the construction 

and modernization of correctional facilities. Such information shall 

include information regarding—

ø(1) new and innovative methods and advanced design 

that will stand as examples of technology for avoiding delay 

and reducing costs in correctional facility design, construction, 

and improvement; 

ø(2) ways in which a construction planning program may 

be used to improve the administration of the criminal justice 

system within each State; 

ø(3) recommended minimum standards concerning construction materials and methods, to be updated from time to 

time to reflect technological advances; 

ø(4) the cost effectiveness of available construction materials, methods, and design technologies; 

ø(5) the training of correctional facility personnel; and 

ø(6) health and safety considerations in construction planning. 

ø(b) The Director is authorized to enter into contracts with private organizations and interagency agreements with the National 

Institute of Corrections, the National Institute of Justice, the Bureau of Justice Statistics, and other appropriate public agencies, to 

operate the clearinghouse required under this section.¿ 

* * * * * * * 

PART H—ADMINISTRATIVE PROVISIONS

CONSULTATION; ESTABLISHMENT OF RULES AND REGULATIONS

SEC. 801. (a) * * * 

(b) The Bureau of Justice Assistance shall, after consultation 

with the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, 

State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary 

to assure the continuing evaluation of selected programs or projects 

conducted pursuant to parts E, M, N, O, and U in order to determine—

(1) * * * 

* * * * * * * 

In conducting evaluations described in this subsection, the Bureau 

of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice Assistance shall also require applicants under subpart 1 of part E to submit an annual performance 

report concerning activities carried out pursuant to subpart 1 of 

part E together with an assessment by the applicant of the effectiveness of those activities in achieving øthe purposes of section 

155 

501 of this title¿ the purposes of such subpart 1 and the relationships of those activities to the needs and objectives specified by the 

applicant in øthe application submitted pursuant to section 503 of 

this title¿ the application submitted pursuant to section 502 of this 

title. The Bureau shall suspend funding for an approved application 

under subpart 1 of part E if an applicant fails to submit such an 

annual performance report. 

* * * * * * * 

NOTICE AND HEARING ON DENIAL OR TERMINATION OF GRANT

SEC. 802. ø(a)¿ Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 

of title 5, United States Code, the Bureau of Justice Assistance, the 

National Institute of Justice, and the Bureau of Justice Statistics 

finds that a recipient of assistance under this title has failed to 

comply substantially with—

(1) * * * 

* * * * * * * 

ø(b) If any grant application submitted under subpart 1 of part 

E or under part M, N, O, or T of this title has been denied, or any 

grant under this title has been terminated, then the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of 

Justice Statistics, as appropriate, shall notify the applicant of its 

action and set forth the reason for the action taken. Whenever such 

an applicant requests a hearing, the Bureau of Justice Assistance, 

the National Institute of Justice, or the Bureau of Justice Statistics, or any authorized officer thereof, is authorized and directed to 

hold such hearings or investigations, including hearings on the 

record in accordance with section 554 of title 5, United States Code, 

at such times and places as necessary, following appropriate and 

adequate notice to such applicant; and the findings of fact and determinations made with respect thereto shall be final and conclusive, except as otherwise provided herein. The Bureau of Justice 

Assistance, the National Institute of Justice, or the Bureau of Justice Statistics is authorized to take final action without a hearing 

if, after an administrative review of the denial of such application 

or termination of such grant, it is determined that the basis for the 

appeal, if substantiated, would not establish a basis for awarding 

or continuing of the grant involved. Under such circumstances, a 

more detailed statement of reasons for the agency action should be 

made available, upon request, to the applicant. 

ø(c) If the applicant involved is dissatisfied with the findings 

and determinations of the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics following notice and hearing provided for in subsection (a) of this section, a request may be made for rehearing, under such regulations 

and procedure as the Bureau of Justice Assistance, the National 

Institute of Justice, or the Bureau of Justice Statistics may establish, and such applicant shall be afforded an opportunity to present 

such additional information as may be deemed appropriate and 

pertinent to the matter involved.¿ 

156 

FINALITY OF DETERMINATIONS

SEC. 803. In carrying out the functions vested by this title in 

the Bureau of Justice Assistance, the Bureau of Justice Statistics, 

or the National Institute of Justice, their determinations, findings, 

and conclusions shallø, after reasonable notice and opportunity for 

a hearing,¿ be final and conclusive upon all applicationsø, except 

as otherwise provided herein¿. 

øAPPELLATE COURT REVIEW

øSEC. 804. (a) If any applicant or recipient is dissatisfied with 

a final action with respect to section 802, 803, or 809(c)(2)(G) of 

this part, such applicant or recipient may, within sixty days after 

notice of such action, file with the United States court of appeals 

for the circuit in which such applicant or recipient is located, or in 

the United States Court of Appeals for the District of Columbia, a 

petition for review of the action. A copy of the petition shall forthwith be transmitted by the petitioner to the Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, or 

the National Institute of Justice, as appropriate, and the Attorney 

General of the United States, who shall represent the Federal Government in the litigation. The Office of Justice Programs, Bureau 

of Justice Assistance, the Bureau of Justice Statistics, the Office of 

Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, as appropriate, shall thereupon file in the court the 

record of the proceeding on which the action was based, as provided in section 2112 of title 28, United States Code. No objection 

to the action shall be considered by the court unless such objection 

has been urged before the Office of Justice Programs, Bureau of 

Justice Assistance, the Bureau of Justice Statistics, the Office of 

Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, as appropriate. 

ø(b) The court shall have jurisdiction to affirm or modify a 

final action or to set it aside in whole or in part. The findings of 

fact by the Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice 

and Delinquency Prevention, or the National Institute of Justice, if 

supported by substantial evidence on the record considered as a 

whole, shall be conclusive, but the court, for good cause shown, 

may remand the case to the Office of Justice Programs, Bureau of 

Justice Assistance, the National Institute of Justice, the Office of 

Juvenile Justice and Delinquency Prevention, or the Bureau of Justice Statistics, to take additional evidence to be made part of the 

record. The Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice 

and Delinquency Prevention, or the National Institute of Justice, 

may thereupon make new or modified findings of fact by reason of 

the new evidence so taken and filed with the court and shall files 

such modified or new findings along with any recommendations 

such entity may have for the modification or setting aside of such 

entity’s original action. All new or modified findings shall be conclusive with respect to questions of fact if supported by substantial 

evidence when the record as a whole is considered. 

157 

ø(c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, or to set it aside, in whole or in part. 

The judgment of the court shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certifications as provided in section 1254 of title 28, United States Code.¿ 

* * * * * * * 

TITLE TO PERSONAL PROPERTY

SEC. 808. Notwithstanding any other provision of law, title to 

all expendable and nonexpendable personal property purchased 

with funds made available under this title, including such property 

purchased with funds made available under this title as in effect 

before the effective date of the Justice Assistance Act of 1984, shall 

vest in the criminal justice agency or nonprofit organization that 

purchased the property if it certifies to øthe State office described 

in section 507 or 1408¿ the State office responsible for the trust 

fund required by section 507, or the State office described in section 

1408, as the case may be, of this title that it will use the property 

for criminal justice purposes. If such certification is not made, title 

to the property shall vest in the State office, which shall seek to 

have the property used for criminal justice purposes elsewhere in 

the State prior to using it or disposing of it in any other manner. 

* * * * * * * 

CONFIDENTIALITY OF INFORMATION

Sec. 812. (a) øExcept as provided by Federal law other than 

this title, no¿ No officer or employee of the Federal Government, 

and no recipient of assistance under the provisions of this title 

shall use or reveal any research or statistical information furnished 

under this title by any person and identifiable to any specific private person for any purpose other than the purpose for which it 

was obtained in accordance with this title. Such information and 

copies thereof shall be immune from legal process, and shall not, 

without the consent of the person furnishing such information, be 

admitted as evidence or used for any purpose in any action, suit, 

or other judicial, legislative, or administrative proceedings. 

* * * * * * * 

PART I—DEFINITIONS

DEFINITIONS

SEC. 901. (a) As used in this title—

(1) * * * 

(2) ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 

ø506(a)¿ 505(a), American Samoa and the Commonwealth of 

the Northern Mariana Islands shall be considered as one State 

and that for these purposes 67 per centum of the amounts alloVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00161 Fmt 6659 Sfmt 9001 E:\HR\OC\HR233.XXX HR233
158 

cated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands. 

(3) ‘‘unit of local government’’ means— (A) * * * 

* * * * * * * 

(C) an Indian Tribe ø(as that term is defined in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603))¿ that performs law enforcement functions, as determined by the Secretary of the 

Interior; or 

* * * * * * * 

(5) ‘‘combination’’ as applied to States or units of local government means any grouping or joining together of such States 

or units for the purpose of preparing, developing, or implementing a criminal justice øprogram or project¿ program, plan, 

or project; 

* * * * * * * 

(11) ‘‘neighborhood or community-based organizations’’

means organizations øwhich¿, including faith-based, that are 

representative of communities or significant segments of communities; 

* * * * * * * 

(24) the term ‘‘young offender’’ means a non-violent firsttime offender or a non-violent offender with a minor criminal 

record who is 22 years of age or younger (including juveniles); 

øand¿ 

(25) 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—

(A) * * * 

(B) intended to develop the prisoner’s cognitive, behavioral, social, vocational, and other skills so as to solve the 

prisoner’s substance abuse and related problemsø.¿; 

(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). 

* * * * * * * 

PART J—FUNDING

AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. (a)(1) * * * 

* * * * * * * 

(11)(A) There are authorized to be appropriated to carry out 

part Q, to remain available until øexpended—

ø(i) $1,332,000,000 for fiscal year 1995; 

ø(ii) $1,850,000,000 for fiscal year 1996; 

159 

ø(iii) $1,950,000,000 for fiscal year 1997; 

ø(iv) $1,700,000,000 for fiscal year 1998; 

ø(v) $1,700,000,000 for fiscal year 1999; and 

ø(vi) $268,000,000 for fiscal year 2000¿ expended $1,047,119,000 for each of fiscal years 2006 through 2009. (B) Of funds available under part Q in any fiscal year, up to 

3 percent may be used for technical assistance under section 

ø1701(f)¿ 1701(d) or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes 

of part Q. Of the remaining funds, 50 percent shall be allocated for 

grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas 

with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and 50 

percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies 

having jurisdiction over areas with populations 150,000 or less or 

by public and private entities that serve areas with populations 

150,000 or less. øOf the funds available in relation to grants under 

part Q, at least 85 percent shall be applied to grants for the purposes specified in section 1701(b), and no more than 15 percent 

may be applied to other grants in furtherance of the purposes of 

part Q.¿ In view of the extraordinary need for law enforcement assistance in Indian country, an appropriate amount of funds available under part Q shall be made available for grants to Indian tribal governments or tribal law enforcement agencies. 

* * * * * * * 

(18) There is authorized to be appropriated to carry out part 

T ø$185,000,000 for each of fiscal years 2001 through 2005¿ 

$215,000,000 for each of fiscal years 2006 through 2010. 

(19) There is authorized to be appropriated to carry out part 

U ø$65,000,000 for each of fiscal years 2001 through 2005.¿ 

$65,000,000 for each of fiscal years 2006 through 2010. Funds appropriated under this paragraph shall remain available until expended. 

* * * * * * * 

(23) There are authorized to be appropriated to carry out part Y, $25,000,000 for each of fiscal years 1999 through 2001, and 

$50,000,000 for each of fiscal years 2002 through ø2007¿ 2009. 

* * * * * * * 

PART L—PUBLIC SAFETY OFFICERS’ DEATH BENEFITS

Subpart 1—Death Benefits 

PAYMENTS

SEC. 1201. (a) In any case in which the Bureau of Justice Assistance (hereinafter in this part referred to as the ‘‘Bureau’’) determines, under regulations issued pursuant to this part, that a public 

safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a 

benefit of $250,000, adjusted in accordance with subsection (h), as 

follows: 

160 

(1) * * * 

* * * * * * * 

ø(4) if there is no surviving spouse or surviving child, to 

the individual designated by such officer as beneficiary under 

such officer’s most recently executed life insurance policy, provided that such individual survived such officer; or¿ 

(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, provided that such individual survived 

such officer; or 

* * * * * * * 

(m) In any case in which the Bureau paid, before the date of 

the enactment of Public Law 107–196, any benefit under this part 

to an individual who—

(1) before the enactment of that law was entitled to receive 

that benefit; and 

(2) by reason of the retroactive effective date of that law is 

no longer entitled to receive that benefit, 

the Bureau may suspend or end activities to collect that benefit if 

the Bureau determines that collecting that benefit is impractical or 

would cause undue hardship to that individual. 

LIMITATIONS

SEC. 1202. No benefit shall be paid under this part—

(1) * * * 

* * * * * * * 

(5) with respect to any individual employed in a capacity 

other than a civilian capacity. 

* * * * * * * 

DEFINITIONS

SEC. 1204. As used in this part—

(1) * * * 

* * * * * * * 

(4) ‘‘firefighter’’ includes an individual serving as an official recognized or designated member of a legally organized 

volunteer fire department øand an officially recognized or designated public employee member of a rescue squad or ambulance crew;¿; 

* * * * * * * 

161 

(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; 

ø(7)¿ (8) ‘‘public agency’’ means the United States, any 

State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United 

States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or 

any unit of local government, agency, or instrumentality of any 

of the foregoing; and 

ø(8)¿ (9) ‘‘public safety officer’’ means— (A) * * * 

* * * * * * * 

PART M—REGIONAL INFORMATION SHARING SYSTEMS

SEC. 1301. REGIONAL INFORMATION SHARING SYSTEMS GRANTS. 

(a) * * * 

(b) Grants and contracts awarded under this part shall be 

made for—

(1) maintaining and operating regional information sharing systems that are responsive to the needs of participating 

enforcement agencies in addressing multijurisdictional offenses 

and conspiracies, and that are capable of providing controlling 

input, dissemination, rapid retrieval, and systematized updating of information to authorized agencies; 

* * * * * * * 

ø(3) establishing and maintaining a telecommunication of 

the information sharing and analytical programs in clauses (1) 

and (2);¿ 

(3) establishing and maintaining a secure telecommunications system for regional information sharing between Federal, State, and local law enforcement agencies; 

(4) establishing and operating secure information sharing 

systems to enhance the investigation and prosecution abilities 

of participating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and ø(5)¿ 

* * * * * * * 

PART O—RURAL DRUG ENFORCEMENT

OTHER REQUIREMENTS

* * * * * * * 

SEC. 1502. Subparts 1 and 3 of part E of this title shall apply 

with respect to funds appropriated to carry out this part, in the 

same manner as such subparts apply to funds appropriated to 

carry out part E, except that—

(1) section ø506(a)¿ 505(a) of this title shall not apply with 

respect to this part; and 

(2) in addition to satisfying the requirements of section 

ø503(a)¿ 502, each application for a grant under this part shall 

include in its application a statement specifying how such 

162 

grant will be coordinated with a grant received under section 

ø506¿ 505 of this title for the same fiscal year. 

* * * * * * * 

PART P—CRIMINAL CHILD SUPPORT 

ENFORCEMENT 

* * * * * * * 

SEC. 1602. STATE APPLICATIONS. 

(a) * * * 

(b) STATE OFFICE.—øThe office designated under section 507 of 

title I¿ The office responsible for the trust fund required by section 

507—

(1) * * * 

* * * * * * * 

PART Q—PUBLIC SAFETY AND COMMUNITY 

POLICING; ‘‘COPS ON THE BEAT’’

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY 

POLICING GRANTS. 

ø(a) GRANT AUTHORIZATION.—The Attorney General may make 

grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or 

regional consortia thereof to increase police presence, to expand 

and improve cooperative efforts between law enforcement agencies 

and members of the community to address crime and disorder 

problems, and otherwise to enhance public safety.¿ 

(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). 

ø(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT

PROJECTS.—

ø(1) IN GENERAL.—Grants made under subsection (a) may 

be used for programs, projects, and other activities to—

ø(A) rehire law enforcement officers who have been 

laid off as a result of State and local budget reductions for 

deployment in community-oriented policing; 

ø(B) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation; and 

ø(C) procure equipment, technology, or support systems, or pay overtime, if the applicant for such a grant 

demonstrates to the satisfaction of the Attorney General 

that expenditures for such purposes would result in an increase in the number of officers deployed in communityoriented policing equal to or greater than the increase in 

the number of officers that would result from a grant for 

a like amount for the purposes specified in subparagraph 

(A) or (B). 

163 

ø(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT

SYSTEMS.—Grants pursuant to paragraph (1)(C)— ø(A) may not exceed 20 percent of the funds available for 

grants pursuant to this subsection in any fiscal year. 

ø(B) may not be awarded in fiscal years 1998, 1999, or 

2000 unless the Attorney General has certified that grants 

awarded in fiscal years 1995, 1996, and 1997 pursuant to 

subparagraph (1)(C) have resulted in an increase in the 

number of officers deployed in community-oriented policing 

equal to or greater than the increase in the number of officers that have resulted from the grants in like amounts 

awarded in fiscal years 1995, 1996, and 1997 pursuant to 

paragraph (1) (A) and (B). 

ø(c) TROOPS-TO-COPS PROGRAMS.—

ø(1) IN GENERAL.—Grants made under subsection (a) may 

be used to hire former members of the Armed Forces to serve 

as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing. 

ø(2) DEFINITION.—In this subsection, ‘‘former member of 

the Armed Forces’’ means a member of the Armed Forces of 

the United States who is involuntarily separated from the 

Armed Forces within the meaning of section 1141 of title 10, 

United States Code.¿ 

ø(d) ADDITIONAL GRANT PROJECTS.—Grants made under subsection (a) may include programs, projects, and other 

activities to—¿ (b) USES OF GRANT AMOUNTS.—The purposes for 

which grants made under subsection (a) may be made are— (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; 

(3) procure equipment, technology, or support systems, or 

pay overtime, to increase the number of officers deployed in 

community-oriented policing; 

(4) improve security at schools and on school grounds in 

the jurisdiction of the grantee through—

(A) placement and use of metal detectors, locks, lighting, and other deterrent measures; 

(B) security assessments; 

(C) security training of personnel and students; 

(D) coordination with local law enforcement; and 

(E) any other measure that, in the determination of the 

Attorney General, may provide a significant improvement 

in security; 

(5) award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties; 

ø(1)¿ (6) increase the number of law enforcement officers 

involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities; 

ø(2)¿ (7) provide specialized training to law enforcement 

officers to enhance their conflict resolution, mediation, problem 

164 

solving, service, and other skills needed to work in partnership 

with members of the community; 

ø(3)¿ (8) increase police participation in multidisciplinary 

early intervention teams; 

ø(4) develop new technologies to assist State and local law 

enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime;¿ 

(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; 

ø(5)¿ (10) develop and implement innovative programs to 

permit members of the community to assist State and local law 

enforcement agencies in the prevention of crime in the community, such as a citizens’ police academy, including programs designed to increase the level of access to the criminal justice 

system enjoyed by victims, witnesses, and ordinary citizens by 

establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings; 

ø(6)¿ (11) establish innovative programs to reduce, and 

keep to a minimum, the amount of time that law enforcement 

officers must be away from the community while awaiting 

court appearances; 

ø(7)¿ (12) establish and implement innovative programs to 

increase and enhance proactive crime control and prevention 

programs involving law enforcement officers and young persons 

in the community; 

ø(8)¿ (13) establish school-based partnerships between 

local law enforcement agencies and local school systems by 

using school resource officers who operate in and around elementary and secondary schools to combat school-related crime 

and disorder problems, gangs, and drug activities; 

ø(9)¿ (14) develop and establish new administrative and 

managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy; 

ø(10)¿ (15) assist a State in enforcing a law throughout the 

State which requires that a convicted sex offender register his 

or her address with a State or local law enforcement agency 

and be subject to criminal prosecution for failure to comply; 

ø(11)¿ (16) establish, implement, and coordinate crime prevention and control programs (involving law enforcement officers working with community members) with other Federal 

programs that serve the community and community members 

to better address the comprehensive needs of the community 

and its members; and 

ø(12)¿ (17) support the purchase by a law enforcement 

agency of no more than 1 service weapon per officer, upon hiring for deployment in community-oriented policing or, if necessary, upon existing officers’ initial redeployment to community-oriented policing. 

ø(e)¿ (c) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR

CERTAIN GRANTS.—In awarding grants under this part, the Attorney General may give preferential consideration, where feasible, to 

165 

applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 

25 percent minimum under subsection ø(i)¿ (g). 

ø(f)¿ (d) TECHNICAL ASSISTANCE.—

(1) * * * 

* * * * * * * 

ø(g)¿ (e) UTILIZATION OF COMPONENTS.—The Attorney General 

may utilize any component or components of the Department of 

Justice in carrying out this part. 

ø(h)¿ (f) MINIMUM AMOUNT.—Unless all applications submitted 

by any State and grantee within the State pursuant to subsection 

(a) have been funded, each qualifying State, together with grantees 

within the State, shall receive in each fiscal year pursuant to subsection (a) not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to that subsection. In 

this subsection, ‘‘qualifying State’’ means any State which has submitted an application for a grant, or in which an eligible entity has 

submitted an application for a grant, which meets the requirements prescribed by the Attorney General and the conditions set 

out in this part. 

ø(i)¿ (g) MATCHING FUNDS.—The portion of the costs of a program, project, or activity provided by a grant under subsection (a) 

may not exceed 75 percent, unless the Attorney General waives, 

wholly or in part, the requirement under this subsection of a nonFederal contribution to the costs of a program, project, or activity. 

In relation to a grant for a period exceeding 1 year for hiring or 

rehiring career law enforcement officers, the Federal share shall 

decrease from year to year for up to 5 years, looking toward the 

continuation of the increased hiring level using State or local 

sources of funding following the conclusion of Federal support, as 

provided in an approved plan pursuant to section 1702(c)(8). 

ø(j)¿ (h) ALLOCATION OF FUNDS.—The funds available under 

this part shall be allocated as provided in section 1001(a)(11)(B). 

ø(k)¿ (i) TERMINATION OF GRANTS FOR HIRING OFFICERS.—The 

authority under subsection (a) of this section to make grants for 

the hiring and rehiring of additional career law enforcement officers shall lapse at the conclusion of 6 years from the date of enactment of this part. Prior to the expiration of this grant authority, 

the Attorney General shall submit a report to Congress concerning 

the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for 

amendments to this part and related provisions of law in light of 

the termination of the authority to make grants for the hiring and 

rehiring of additional career law enforcement officers. 

(j) MATCHING FUNDS FOR SCHOOL SECURITY GRANTS.—Notwithstanding subsection (i), in the case of a grant under subsection 

(a) for the purposes described in subsection (b)(4)—

(1) the portion of the costs of a program provided by that 

grant may not exceed 50 percent; 

(2) any funds appropriated by Congress for the activities of 

any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a 

matching requirement funded under this subsection; and 

166 

(3) the Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to 

be waived or altered in the case of a recipient with a financial 

need for such a waiver or alteration. 

SEC. 1702. APPLICATIONS. 

(a) * * * 

* * * * * * * 

(c) CONTENTS.—In accordance with the regulations or guidelines established by the Attorney General, each application for a 

grant under this part shall—

(1) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and 

appropriate private and public agencies øand reflects consideration of the statewide strategy under section 503(a)(1)¿; 

* * * * * * * 

(d) SPECIAL PROVISIONS.— (1) * * * 

(2) SMALL GRANT AMOUNT.—Notwithstanding any other 

provision of this part, in relation to applications under section 

ø1701(d)¿ 1701(b) for grants of less than $1,000,000, the Attorney General may waive 1 or more of the requirements of subsection (c) and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such 

applications. 

* * * * * * * 

PART R—JUVENILE ACCOUNTABILITY BLOCK 

GRANTS 

SEC. 1801. PROGRAM AUTHORIZED. 

(a) * * * 

(b) AUTHORIZED ACTIVITIES.—Amounts paid to a State or a unit 

of local government under this part shall be used by the State or 

unit of local government for the purpose of strengthening the juvenile justice system, which includes—

(1) * * * 

* * * * * * * 

ø(13) establishing and maintaining accountability-based 

programs that are designed to enhance school safety;¿ 

(13) establishing and maintaining accountability-based 

programs that are designed to enhance school safety, which 

programs may include reseach-based bullying and gang prevention programs; 

* * * * * * * 

(15) establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective 

and efficient in holding juvenile offenders accountable and reducing recidivism; øor¿ 

(16) hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel 

to improve facility practices and programmingø.¿; or 

167 

(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. 1802. GRANT ELIGIBILITY. 

(a) STATE ELIGIBILITY.—To be eligible to receive a grant under 

this part, a State shall submit to the Attorney General an application at such time, in such form, and containing such assurances 

and information as the Attorney General may require by guidelines, including—

(1) information about—

(A) * * * 

(B) the criteria by which the State proposes to assess 

the effectiveness of such activities on achieving the purposes of this part, including the extent to which evidencebased approaches are utilized; and 

* * * * * * * 

(b) LOCAL ELIGIBILITY.—

(1) SUBGRANT ELIGIBILITY.—To be eligible to receive a 

subgrant, a unit of local government, other than a specially 

qualified unit, shall provide to the State—

(A) information about— (i) * * * 

(ii) the criteria by which the unit proposes to assess the effectiveness of such activities on achieving 

the purposes of this part, including the extent to which 

evidence-based approaches are utilized; and 

* * * * * * * 

SEC. 1810. AUTHORIZATION OF APPROPRIATIONS. 

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

carry out this part, $350,000,000 for each of fiscal years ø2002 

through 2005¿ 2006 through 2009. 

* * * * * * * 

PART S—RESIDENTIAL SUBSTANCE ABUSE 

TREATMENT FOR STATE PRISONERS 

* * * * * * * 

SEC. 1902. STATE APPLICATIONS. 

(a) * * * 

* * * * * * * 

(e) STATE OFFICE.—øThe Office designated under section 507¿ 

The office responsible for the trust fund required by section 507—

(1) * * * 

* * * * * * * 

SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS. 

(a) * * * 

* * * * * * * 

168 

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

abuse treatment program’’ means a course of individual and group 

activities, lasting for a period of not less than 3 months, in an area 

of a correctional facility set apart from the general population of the 

correctional facility, if those activities are—

(1) directed at the substance abuse problems of the prisoners; and 

(2) intended to develop the cognitive, behavioral, and other 

skills of prisoners in order to address the substance abuse and 

related problems of prisoners. 

* * * * * * * 

PART T—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING TO VIOLENCE 

AGAINST WOMEN ARE GENDER-NEUTRAL. 

In this part, and in any other Act of Congress, unless the context unequivocally requires otherwise, a provision authorizing or requiring the Department of Justice to make grants, or to carry out 

other activities, for assistance to victims of domestic violence, dating 

violence, stalking, sexual assault, or trafficking in persons, shall be 

construed to cover grants that provide assistance to female victims, 

male victims, or both. 

SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION CARRIED 

OUT BY VIOLENCE AGAINST WOMEN OFFICE. 

(a) IN GENERAL.—In this part, and in any violence against 

women provision, unless the context unequivocally requires otherwise, the following definitions apply: 

(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 MALTREATMENT.—The term ‘‘child maltreatment’’

means the physical or psychological abuse or neglect of a child 

or youth, including sexual assault and abuse. 

(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. 

169 

(4) 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 

(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. 

(5) 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, youth, 

or minor victim who is protected from that person’s acts under 

the domestic or family violence laws of the jurisdiction receiving 

grant monies. 

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

a person who is or has been in an ongoing social relationship 

of a romantic or intimate nature with the abuser, and existence 

of such a relationship 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. 

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

violence committed by a person— (A) who is or has been in an ongoing 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. 

(8) ELDER ABUSE.—The term ‘‘elder abuse’’ means any action against a person who is 60 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 that are necessary to avoid physical harm, 

mental anguish, or mental illness. 

170 

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

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

housing assistance described in the Native American Assistance 

and Self-Determination Act of (25 U.S.C. 4101 et seq., as 

amended). 

(11) 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 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. 

(12) INDIAN LAW ENFORCEMENT.—The term ‘‘Indian law enforcement’’ means the departments or individuals under the direction of the Indian tribe that maintain public order. 

(13) 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). 

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

(A) includes assistance to adult, youth, and minor victims of domestic violence, dating violence, sexual assault, 

and stalking in— (i) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus 

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

(ii) criminal justice investigations, prosecutions 

and post-trial matters (including sentencing, parole, 

and probation) that impact the victim’s safety and privacy, subject to subparagraph (B); and 

(B) does not include representation of a defendant in a 

criminal or juvenile proceeding. 

(15) LINGUISTICALLY AND CULTURALLY SPECIFIC SERV- ICES.—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 racial and ethnic populations and other underserved communities. 

(16) 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 

171 

(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. 

(17) 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). 

(18) 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 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. 

(19) RURAL AREA AND RURAL COMMUNITY.—The terms 

‘‘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. 

(20) 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. 

(21) 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. 

(22) 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 

172 

(B) suffer substantial emotional distress. 

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

States, the District of Columbia, the Commonwealth of Puerto 

Rico, and except as otherwise provided, Guam, American 

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

(24) 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)). 

(25) 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.). 

(26) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT

COALITION.—The term ‘‘territorial domestic violence or sexual 

assault coalition’’ means a program addressing domestic 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. 

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

means—

(A) an established nonprofit, nongovernmental tribal 

coalition addressing domestic violence and sexual assault 

against American Indian and 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 and Alaskan Native women. 

(28) 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. 

(29) 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 inVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00176 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
173 

cludes the maximum participation of Indians in all phases 

of its activities; or 

(C) any tribal nonprofit organization. 

(30) 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. 

(31) 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. 

(32) 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, 

or dating violence under the auspices or supervision of a court 

or a law enforcement or prosecution agency. 

(33) 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, or a demonstrated capacity to 

work effectively in collaboration with an organization with a 

documented history of effective work, concerning domestic violence, dating violence, sexual assault, or stalking. 

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

adult victims of domestic violence, dating violence, sexual assault, or stalking. 

(b) VIOLENCE AGAINST WOMEN PROVISION.—In this section, the 

term ‘‘violence against women provision’’ means any provision required by law to be carried out by or through the Violence Against 

Women Office. 

SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT PROGRAM 

CARRIED OUT BY VIOLENCE AGAINST WOMEN OFFICE. 

(a) IN GENERAL.—In carrying out grants under this part, and 

in carrying out grants under any other violence against women 

grant program, the Director of the Violence Against Women Office 

shall ensure each of the following: 

(1) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—

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

youth, and minor victims of domestic violence, dating violence, sexual assault, or stalking, and their families, each 

grantee and subgrantee shall reasonably protect the confidentiality and privacy of persons receiving services. 

(B) NONDISCLOSURE.—Subject to subparagraph (C), 

grantees and subgrantees shall not—

(i) disclose any personally identifying information 

or individual information collected in connection with 

174 

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. 

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

subparagraph (B) is compelled by statutory or court mandate or is requested by a Member of Congress— (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 with Federal, State, tribal, or territorial reporting, 

evaluation, or data collection requirements; and 

(ii) court-generated information and law-enforcement generated information contained in secure, governmental registries for investigation, prosecution, and 

enforcement purposes. 

(2) APPROVED ACTIVITIES.—In carrying out activities under 

the grant program, 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. 

(3) NON-SUPPLANTATION.—Any Federal funds received 

under the grant program shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for 

the activities carried out under the grant. 

(4) USE OF FUNDS.—Funds authorized and appropriated 

under the grant program may be used only for the specific purposes described in the grant program and shall remain available until expended. 

(5) EVALUATION.—Grantees must collect data for use to 

evaluate the effectiveness of the program (or for use to carry out 

related research), pursuant to the requirements described in 

paragraph (1)(D). 

(6) 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. 

(7) PROHIBITION ON TORT LITIGATION.—Funds appropriated 

for the grant program may not be used to fund civil representation in a lawsuit based on a tort claim. This paragraph shall 

175 

not be construed as a prohibition on providing assistance to obtain restitution in a protection order or criminal case. 

(b) VIOLENCE AGAINST WOMEN GRANT PROGRAM.—In this section, the term ‘‘violence against women grant program’’ means any 

grant program required by law to be carried out by or through the 

Violence Against Women Office. 

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS. 

(a) * * * 

(b) PURPOSES FOR WHICH GRANTS MAY BE USED.—Grants 

under this part shall provide personnel, training, technical assistance, data collection and other equipment for the more widespread 

apprehension, prosecution, and adjudication of persons committing 

violent crimes against womenø, and specifically, for the purposes 

of—¿ to develop and strengthen victim services in cases involving 

violent crimes against women, including collaborating with and informing public officials and agencies in order to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking, and specifically only for the purposes of—

(1) * * * 

* * * * * * * 

(5) developing, enlarging, or strengthening victim services 

programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to 

underserved populations, providing specialized domestic violence court advocates in courts where a significant number of 

protection orders are granted, supporting nonprofit nongovernmental victim services programs and tribal organizations in 

working 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, and increasing reporting and reducing attrition rates 

for cases involving violent crimes against women, including 

crimes of sexual assault, domestic violence, and dating violence; 

* * * * * * * 

(10) developing, enlarging, or strengthening programs to 

assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled 

women who are victims of domestic violence or sexual assault, 

including recognizing, investigating, and prosecuting instances 

of such violence or assault and targeting outreach and support, 

counseling, and other victim services to such older and disabled individuals; øand¿ 

* * * * * * * 

(12) maintaining core victim services and criminal justice 

initiatives, while supporting complementary new initiatives and 

emergency services for victims and their families; and 

(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 imVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00179 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
176 

prove 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; 

(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. 

* * * * * * * 

(e) USE OF FUNDS.—Funds appropriated for grants under this 

part may be used only for the specific programs and activities expressly described in this part. 

* * * * * * * 

SEC. 2007. STATE GRANTS. 

(a) GENERAL GRANTS.—The Attorney General may make 

grants øto States, for use by States, State and local courts (including juvenile courts), units of local government, nonprofit nongovernmental victim services programs, and Indian tribal governments¿ for the purposes described in section 2001(b). 

(b) AMOUNTS.—Of the amounts appropriated for the purposes 

of this part— (1) ø5¿ 10 percent shall be available for grants to Indian 

tribal governments; 

(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia, 

the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each 

receiving an amount equal to ø1⁄54¿ 1⁄56 of the total amount 

made available under this paragraph for each fiscal year; 

(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 2001(c), with the coalition 

for each State, the coalition for the District of Columbia, the 

coalition for the Commonwealth of Puerto Rico, øand the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54¿ Guam, American Samoa, the 

United States Virgin Islands, and the Commonwealth of the 

Northern Mariana Islands, each receiving an amount equal to 

1⁄56 of the total amount made available under this paragraph 

for each fiscal year; 

(4) ø1⁄54¿ 1⁄56 shall be available for grants under section 

2001(d); 

(5) $600,000 shall be available for grants to applicants in 

each State; øand¿ 

177 

(6) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio 

to the amount of remaining funds as the population of the 

State bears to the population of all of the States that results 

from a distribution among the States on the basis of each 

State’s population in relation to the population of all States 

(not including populations of Indian tribes)ø.¿; and 

(7) such funds shall remain available until expended. 

(c) QUALIFICATION.—Upon satisfying the terms of subsection 

(d), any State shall be qualified for funds provided under this part 

upon certification that—

(1) * * * 

(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, 

nongovernmental victim services programs, including sexual 

assault and domestic violence victim services programs and describe how the State will address the needs of racial and ethnic 

minorities and other underserved populations; 

(3) of the amount granted—

(A) not less than 25 percent shall be allocated to øpolice¿ law enforcement and not less than 25 percent shall be 

allocated to prosecutors; 

(B) not less than 30 percent shall be allocated to victim services, of which at least 10 percent shall be distributed to culturally specific community-based organizations; 

and 

* * * * * * * 

(d) APPLICATION REQUIREMENTS.—The application requirements provided in section 513 shall apply to grants made under 

this part. In addition, each application submitted by a State shall 

include the certifications of qualification required by subsection (c), 

including documentation from nonprofit, nongovernmental victim 

services programs, describing their participation in developing the 

plan required by subsection (c)(2). øAn application¿ In addition, 

each application submitted by a State or tribal government shall include—

(1) * * * 

(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2010; 

øand¿ 

(3) proof of compliance with the requirements for paying 

filing and service fees for domestic violence cases provided in 

section 2011ø.¿; and 

(4) a memorandum of understanding showing that tribal, 

territorial, State, or local prosecution, law enforcement, and 

court and victim service provider subgrantees have consulted 

with tribal, territorial, State, or local victim services 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) DISBURSEMENT.—

(1) * * * 

178 

(2) REGULATIONS.—In disbursing monies under this part, 

the Attorney General shall issue regulations to ensure that 

States will—

(A) * * * 

* * * * * * * 

ø(D) recognize and address the needs of underserved 

populations.¿ 

(D) recognize and meaningfully respond to the needs of 

racial and ethnic and other underserved populations and 

ensure that monies set aside to fund services and activities 

for racial and ethnic and other underserved populations 

are distributed equitably among those populations. 

* * * * * * * 

(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, technical assistance, and data 

collection relating to the purpose areas of this part to improve 

the capacity of grantees, subgrantees, and other entities to offer 

services and assistance to victims of domestic violence, sexual 

assault, stalking, and dating violence. 

(2) INDIAN TRAINING.—The Director of the Violence Against 

Women Office shall ensure that training, technical assistance, 

and data collection regarding violence against Indian women 

will be developed and provided by entities having expertise in 

tribal law and culture. 

(j) LIMITS ON INTERNET PUBLICATION OF REGISTRATION INFORMATION.—As a condition of receiving grant amounts under this 

part, the recipient 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 law enforcement generated information contained in secure, governmental registries for protection order enforcement purposes. 

* * * * * * * 

SEC. 2009. GENERAL TERMS AND CONDITIONS. 

(a) * * * 

(b) REPORTING.—øNot later than 180 days after the end of each 

fiscal year for which grants are made under this part, the Attorney 

General shall submit¿ Not later than one month after the end of 

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

to the Committee on the Judiciary of the House of Representatives 

and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe—

(1) * * * 

* * * * * * * 

179 

SEC. 2010. RAPE EXAM PAYMENTS. 

(a) * * * 

* * * * * * * 

(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 or Indian tribal 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 to require a victim of sexual assault to 

participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or 

both. 

* * * * * * * 

SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

In order to be eligible for grants under this part, a State, Indian tribal government, or unit of local government must certify 

within three years of enactment of the Violence Against Women Reauthorization Act of 2005 that their laws, policies, or practices ensure that no law enforcement officer, prosecuting officer, or other 

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

victim of a sex offense as defined under Federal, tribal, State, territorial or local law to submit to a polygraph examination or similar 

truth-telling device or method as a condition for proceeding with the 

investigation, charging or prosecution of such an offense. A victim’s 

refusal to submit to the aforementioned shall not prevent the investigation, charging or prosecution of the pending case. 

SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES. 

No matching funds shall be required for a grant or subgrant 

made under this part, if made—

(1) to a law enforcement agency having fewer than 20 officers; 

(2) to a victim service provider having an annual operating 

budget of less than $5,000,000; or 

(3) to any entity that the Attorney General determines has 

adequately demonstrated financial need. 

SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM. 

(a) PURPOSE.—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 minor victims of sexual assault; 

(B) family and household members of such victims; 

and 

(C) those collaterally affected by the victimization except for the perpetrator of such victimization; and 

(2) to provide training and technical assistance to, and to 

support data collection relating to sexual assault by—

(A) Federal, State, tribal, territorial, and local governments, law enforcement agencies, and courts; 

180 

(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, TERRITORIES AND TRIBAL ENTITIES.— (1) GRANTS AUTHORIZED.—The Attorney General shall 

award grants to States, territories and Indian tribes, tribal organizations, and non-profit tribal organizations within Indian 

country and Alaskan native villages for the establishment, 

maintenance and expansion of rape crisis centers or other programs and projects to assist those victimized by sexual assault. 

(2) SPECIAL EMPHASIS.—States, territories and tribal entities will give special emphasis to the support of communitybased organizations with a demonstrated history of providing 

intervention and related assistance to victims of sexual assault. 

(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS ADDRESSING

SEXUAL ASSAULT.—

(1) GRANTS AUTHORIZED.—The Attorney General shall 

award grants to culturally specific community-based organization that—

(A) is a private, nonprofit organization that focuses primarily on racial and ethnic communities; 

(B) must have documented organizational experience in 

the area of sexual assault intervention or have entered into 

partnership with an organization having such expertise; 

(C) has expertise in the development of communitybased, linguistically and culturally specific outreach and 

intervention services relevant for the specific racial and ethnic communities to whom assistance would be provided or 

have the capacity to link to existing services in the community tailored to the needs of racial and ethnic populations; 

and 

(D) has an advisory board or steering committee and 

staffing which is reflective of the targeted racial and ethnic 

community. 

(2) AWARD BASIS.—The Attorney General shall award 

grants under this subsection on a competitive basis for a period 

of no less than 3 fiscal years. 

(d) SERVICES AUTHORIZED.—For grants under subsection (b) 

and (c) the following services and activities may include—

(1) 24 hour hotline services providing crisis intervention 

services and referrals; 

(2) accompaniment and advocacy through medical, criminal justice, and social support systems, including medical facilities, police, and court proceedings; 

(3) 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; 

(4) support mechanisms that are culturally relevant to the 

community; 

(5) information and referral to assist the sexual assault victim and family or household members; 

181 

(6) community-based, linguistically and culturally-specific 

services including outreach activities for racial and ethnic and 

other underserved populations and linkages to existing services 

in these populations; 

(7) Collaborating with and informing public officials and 

agencies in order to develop and implement policies to reduce 

or eliminate sexual assault; 

(8) the development and distribution of educational materials on issues related to sexual assault and the services described in clauses (A) through (G). 

(e) 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 as determined by 

the National Center for Injury Prevention and Control Office in collaboration with the Violence Against Women Office of the Department of Justice. 

(B) FIRST-TIME APPLICANTS.—No entity shall be prohibited from submitting an application under this subsection 

because such entity has not previously applied or received 

funding under this subsection. 

(f) COALITION ACTIVITIES AUTHORIZED.—Grant Funds received 

under subsection (e) may be used to— (1) work with local sexual assault programs and other providers of direct services to encourage appropriate responses to 

sexual assault within the State, territory, or Indian tribe; 

(2) work with judicial and law enforcement agencies to encourage appropriate responses to sexual assault cases; 

(3) 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; 

(4) design and conduct public education campaigns; 

(5) plan and monitor the distribution and use of grants 

and grant funds to their State, territory, or Indian tribe; and 

(6) collaborate with and inform Federal, State, Tribal, or 

local public officials and agencies to develop and implement 

policies to reduce or eliminate sexual assault. 

(g) APPLICATION.—

(1) Each eligible entity desiring a grant under subsections 

(c) and (e) 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. 

(2) Each eligible entity desiring a grant under subsection 

(b) shall include— (A) demonstration of meaningful involvement of the 

State or territorial coalitions, or Tribal coalition, where applicable, in the development of the application and implementation of the plans; 

(B) a plan for an equitable distribution of grants and 

grant funds within the State, territory or tribal area and 

182 

between urban and rural areas within such State or territory; 

(C) the State, territorial or Tribal entity that is responsible for the administration of grants; and 

(D) any other information the Attorney General reasonably determines to be necessary to carry out the purposes 

and provisions of this section. 

(h) REPORTING.—

(1) Each entity receiving a grant under subsection (b), (c) 

and (e) shall submit a report to the Attorney General that describes the activities carried out with such grant funds. 

(i) AUTHORIZATION OF APPROPRIATIONS.—

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

$55,000,000 for each of the fiscal years 2006 through 2010 to 

carry out this section. Any amounts so appropriated shall remain available until expended. 

(2) ALLOCATIONS.—Of the total amount 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 administrative costs under this section; 

(B) not more than 2.5 percent shall be used for the provision of technical assistance to grantees and sub- grantees 

under this section, except that in subsection (c) up to 5 percent of funds appropriated under that subsection may be 

available for technical assistance to be provided by a national organization or organizations whose primary purpose and expertise is in sexual assault within racial and 

ethnic communities; 

(C) not less than 75 percent shall be used for making 

grants to states and territories and tribal entities under 

subsection (b) of which not less than 10 percent of this 

amount shall be allocated for grants to tribal entities. 

State, territorial and tribal governmental agencies shall use 

no more than 5% for administrative costs; 

(D) not less than 10 percent shall be used for grants for 

culturally specific programs addressing sexual assault 

under subsection (c); and 

(E) not less than 10 percent shall be used for making 

grants to state, territorial and tribal coalitions under subsection (e) of which not less than 10 percent shall be allocated for grants to tribal coalitions. 

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 the several States, the District of Columbia, and the territories. 

(3) MINIMUM AMOUNT.—Of the amount appropriated under 

section (i)(2)(C), the Attorney General, not including the set 

aside for tribal entities, shall allocate not less than 1.50 percent 

to each State and not less than 0.125 percent to each of the territories. 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 bears to 

183 

the population of the combined States, or for territories, the 

population of the combined territories. 

SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE. 

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

grants to appropriate entities—

(1) to provide services for victims of domestic violence, 

abuse by caregivers, and sexual assault who are 50 years of age 

or older; 

(2) to improve the physical accessibility of existing buildings in which services are or will be rendered for victims of domestic violence and sexual assault who are 50 years of age or 

older; 

(3) to provide training, consultation, and information on 

abuse by caregivers, 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 to enhance direct services to such individuals; 

(4) for training programs to assist law enforcement officers, 

prosecutors, governmental agencies, victim assistants, and relevant officers of Federal, State, tribal, territorial, and local 

courts in recognizing, addressing, investigating, and prosecuting instances of adult, youth, or minor domestic violence, 

dating violence, sexual assault, stalking, elder abuse, and violence against individuals with disabilities, including domestic 

violence and sexual assault, against older or disabled individuals; and 

(5) for multidisciplinary collaborative community responses 

to victims. 

(b) USE OF FUNDS.—Grant funds under this section may be 

used—

(1) to implement or expand programs or services to respond 

to the needs of persons 50 years of age or older who are victims 

of domestic violence, dating violence, sexual assault, stalking, or 

elder abuse; 

(2) to provide personnel, training, technical assistance, data 

collection, advocacy, intervention, risk reduction and prevention 

of domestic violence, dating violence, stalking, and sexual assault against disabled individuals; 

(3) to conduct outreach activities to ensure that disabled individuals who are victims of domestic violence, dating violence, 

stalking, or sexual assault receive appropriate assistance; 

(4) to conduct cross-training for victim service organizations, governmental agencies, and nonprofit, nongovernmental 

organizations serving individuals with disabilities; about risk 

reduction, intervention, prevention and the nature of dynamic of 

domestic violence, dating violence, stalking, and sexual assault 

for disabled individuals; 

(5) to provide training, technical assistance, and data collection 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; 

184 

(6) to provide training, technical assistance, and data collection 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; 

(7) to purchase equipment, and provide personnel so that 

shelters and victim service organizations can accommodate the 

needs of disabled individuals; 

(8) to provide advocacy and intervention services for disabled individuals who are victims of domestic violence, dating 

violence, stalking, or sexual assault through collaborative partnerships between—

(A) nonprofit, nongovernmental agencies; 

(B) governmental agencies serving individuals with 

disabilities; and 

(C) victim service organizations; or 

(9) 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) a nonprofit, nongovernmental organization such as 

a victim services organization, an organization serving individuals with disabilities or a community-based organization; and 

(D) a religious organization. 

(2) LIMITATION.—A grant awarded for the purposes described in subsection (b) (9) shall be awarded only to an eligible 

agency (as defined in section 410 of the Rehabilitation Act of 

1973 (29 U.S.C. 796f—5)). 

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

section shall submit an application to the Attorney General at such 

time, in such manner, and containing such information as the Attorney General may require. 

(e) REPORTING.—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, the Attorney General shall submit to Congress a report evaluating the effectiveness of programs administered and operated pursuant to this section. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated $20,500,000 for each of the fiscal years 2006 

through 2010 to carry out this section. 

SEC. 2016. TRIBAL DIVISION. 

(a) IN GENERAL.—The Director of the Office on Violence Against 

Women shall designate one or more employees, each of whom shall 

have demonstrated expertise in tribal law and practice regarding 

domestic violence, dating violence, sexual assault, and stalking 

against members of Indian tribes, to be responsible for—

185 

(1) overseeing and managing the administration of grants 

to and contracts with Indian tribes, tribal courts, tribal organizations, tribal nonprofit organizations and the territories; 

(2) ensuring that, if a grant or a contract pursuant to such 

a grant is made to an organization to perform services that benefit more than one Indian tribe, the approval of each Indian 

tribe to be benefited shall be a prerequisite to the making of the 

grant or letting of the contract; 

(3) assisting in the development of Federal policy, protocols, 

and guidelines on matters relating to domestic violence, dating 

violence, sexual assault, and stalking against members of Indian tribes; 

(4) advising the Director of the Office on Violence Against 

Women concerning policies, legislation, implementation of laws, 

and other issues relating to domestic violence, dating violence, 

sexual assault, and stalking against members of Indian tribes; 

(5) representing the Office on Violence Against Women in 

the annual consultations under section 1002 of the Violence 

Against Women Reauthorization Act of 2005; 

(6) providing assistance to the Department of Justice to develop policy and to enforce Federal law relating to domestic violence, dating violence, sexual assault, and stalking against 

members of Indian tribes; 

(7) maintaining a liaison with the judicial branches of Federal, State and tribal governments on matters relating to domestic violence, dating violence, sexual assault, and stalking 

against members of Indian tribes; and 

(8) ensuring that adequate tribal training, technical assistance, and data collection is made available to Indian tribes, 

tribal courts, tribal organizations, and tribal nonprofit organizations for all programs relating to domestic violence, dating violence, sexual assault, and stalking against members of Indian 

tribes. 

(b) AUTHORITY.—

(1) IN GENERAL.—The Director shall ensure that a portion 

of the tribal set-aside funds from any grant awarded under the 

Violence Against Women Act of 1994 (title IV of Public Law 

103–322) or the Violence Against Women Act of 2000 (division 

B of Public Law 106–386) is used to enhance the capacity of Indian tribes to address the safety of members of Indian tribes. 

(2) ACCOUNTABILITY.—The 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 to 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 members of Indian 

tribes, including sexual assault services, that are based 

upon the unique circumstances of the members of Indian 

tribes to be served; 

(C) development of tribal educational awareness programs and materials; 

186 

(D) support for customary tribal activities to strengthen 

the intolerance of an Indian tribe to violence against 

memberes of Indian tribes; and 

(E) development, implementation, and maintenance of 

tribal electronic databases for tribal protection order registries. 

SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—Of the amounts set aside for Indian tribes 

and tribal organizations in a program referred to in paragraph 

(2), the Attorney General, through the Director of the Office of 

Violence Against Women (referred to in this section as the ‘‘Director’’), shall take such setasides and combine them to establish the Safety for Indian Women Formula Grants Program, a 

single formula grant program to enhance the response of Indian 

tribal governments to address domestic violence, sexual assault, 

dating violence, and stalking. Grants made under this program 

shall be administered by the Tribal Division of the Office on Violence Against Women. 

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

(A) Section 2007 (42 U.S.C. 3796gg–1), Grants to Combat Violent Crimes Against Women. 

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

(C) Section 1201 of the Violence Against Women Act of 

2000 (42 U.S.C. 3796gg-6), Legal Assistance for Vicitms. 

(D) Section 1301 of the Violence Against Women Act of 

2000 (42 U.S.C. 10420), Safe Havens for Children Pilot 

Program. 

(E) Section 40295 of the Violence Against Women Act 

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

Child Abuser Enforcement Assistance. 

(F) Section 41002 of the Violence Against Women Act 

of 1994, Grants for Court Training and Improvements. 

(G) Section 2014(b) Sexual Assault Services Program, 

Grants to States, Territories and Indian Tribes. 

(H) Title VII, section 41201, Grants for Training and 

Collaboration on the Intersection Between Domestic Violence and Child Maltreatment. Section 41202, Services to 

Advocate For and Respond to Teens. 

(I) Section 704, Grants to Combat Domestic Violence, 

Dating Violence, Sexual Assault, and Stalking In Middle 

And High Schools. 

(b) PURPOSE OF PROGRAM AND GRANTS.—

(1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by this section is to assist Indian tribal governments to develop and enhance effective governmental strategies 

to curtail violent crimes against and increase the safety of members of Indian tribes consistent with tribal law and custom, specifically the following: 

(A) To increase tribal capacity to respond to domestic 

violence, dating violence, sexual assault, and stalking 

crimes against members of Indian tribes. 

187 

(B) To strengthen tribal justice interventions including 

tribal law enforcement, prosecution, courts, probation, correctional facilities; and enhance services to members of Indian tribes victimized by domestic violence, dating violence, 

sexual assault, and stalking. 

(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The Director may make grants to Indian tribes for the purpose of enhancing participating tribes’ capacity to address the safety of 

members of Indian tribes. Each participating tribe shall exercise its right of self-determination and self-governance in allocating and using funds made available under the program. 

Each participating tribe may use funds under the program to 

support its specific tribally based response to increasing the 

safety of members of Indian tribes. Grants under the program 

shall support the governmental efforts identified by the Indian 

tribe required according to its distinctive ways of life to increase 

the safety of members of Indian tribes from crimes of sexual assault, domestic violence, dating violence, stalking, kidnapping, 

and murder. 

(c) DISBURSEMENT.—Not later than 120 days after the receipt of 

an application under this section, the Attorney General, through the 

Director, shall—

(1) disburse the appropriate sums provided for under this 

section; or 

(2) inform the Indian tribe why the application does not 

conform to the terms of the application requirements. 

(d) REQUIRED PROCEDURES.— (1) DEADLINE TO PROVIDE NOTICE.—No later than 60 days 

after receiving an appropriation of funds supporting the program required by this section, Director shall— (A) publish in the Federal Register notification of— (i) the availability of those funds to Indian tribes; 

(ii) the total amount of funds available; and 

(iii) the process by which tribes may participate in 

the program; and 

(B) mail each Indian tribe a notification of the matters 

required by subparagraph (A), together with instructions on 

the process, copies of application forms, and a notification 

of the deadline for submission of an application. 

(2) DEADLINE TO MAKE FUNDS AVAILABLE.—No later than 

180 days after receiving an appropriation referred to in paragraph (1), the Director shall distribute and make accessible 

those funds to Indian tribes opting to participate in the program. 

(3) FORMULA.—The Director shall distribute those funds according to the following formula: —

(A) 60 percent of the available funds shall be allocated 

equally to all Indian tribes who exercise the option to access 

the funds, 

(B) The remaining 40 percent shall be allocated to the 

same Indian tribes on a per capita basis, according to the 

population residing in the respective Indian tribe’s service 

area. 

(4) SET-ASIDE.—No later than 120 days after receiving an 

appropriation referred to in paragraph (1), the Director shall 

188 

set aside not less than 5 percent and up to 7 percent of the total 

amount of those funds for the purpose of entering into a cooperative agreement or contract with one or more tribal organizations with demonstrated expertise in providing training and 

technical assistance to Indian tribes in addressing domestic violence, dating violence, sexual assault, and stalking against 

members of Indian tribes, tribal law, and customary pratices. 

At least one of the cooperative agreements or contracts shall be 

entered into with a single tribal organization to provide comprehensive technical assistance to participating tribal governments. Such training and technical assistance shall be specifically designed to address the unique legal unique legal status, 

distinct cultural ways of life, and geographic circumstances of 

the Indian tribes receiving funds under the program. 

(e) RECIPIENT REQUIREMENTS.—

(1) IN GENERAL.—Indian tribes may receive funds under 

the program required by this section as individual tribes or as 

a consortium of tribes. 

(2) SUBGRANTS AND OTHER ARRANGEMENTS.—Participating 

tribes may make subgrants or enter into contracts or cooperative agreements with the funds under the program to enhance 

the safety of, and end domestic violence, dating violence, sexual 

assault, and stalking against, members of Indian tribes. 

(3) SET ASIDE.—Participating tribes must set aside no less 

than 50 percent of their total allocation under this section for 

tribally specific domestic violence, dating violence, sexual assault, or stalking victim services and advocacy for members of 

Indian tribes. The services supported with funds under the program must be designed to address the unique circumstances of 

the individuals to be served, including the customary practices 

and linguistic needs of the individuals within the tribal community to be served. Tribes shall give preference to tribal organizations or tribal nonprofit organizations providing advocacy 

services to members of Indian tribes within the community to 

be served such as a safety center or shelter program for members of Indian tribes. In the case where the above organizations 

do not exist within the participating tribe, the participation and 

support from members of Indian tribes in the community to be 

served is sufficient to meet this requirement. 

(f) ADMINISTRATION REQUIREMENTS.—

(1) APPLICATION.—To reduce the administrative burden for 

Indian tribes, the Director shall prepare an expedited application process for Indian tribes participating in the program required by this section. The expedited process shall facilitate 

participating tribes’ submission of information—

(A) outlining project activities; 

(B) describing how the project activities will enhance 

the Indian tribe’s response to domestic violence, dating violence, sexual assault, and stalking against members of Indian tribes; and 

(C) identifying the tribal partner providing advocacy 

and related services for members of Indian tribes who are 

victims of crimes of domestic violence, dating violence, sexual assault, and stalking. 

189 

(2) REPORTING AND EVALUATION.—The Director shall alleviate administrative burdens upon participating Indian tribes 

by— (A) developing a reporting and evaluation process relevant to the distinct governance of Indian tribes; 

(B) requiring only essential data to be collected; and 

(C) limiting reporting to an annual basis. 

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

two-year period, with a possible extension of another two years 

to implement projects under the grant. 

(g) PRESUMPTION THAT MATCHING FUNDS NOT REQUIRED.— (1) IN GENERAL.—Given the unique political relationship 

between the United States and Indian tribes differentiates 

tribes from other entities that deal with or are affected by, the 

Federal Government, the Director shall not require an Indian 

tribe to match funds under this section, except as provided in 

paragraph (2). 

(2) EXCEPTION.—If the Director determines that an Indian 

tribe has adequate resources to comply with a matching requirement that would otherwise apply but for the operation of 

paragraph (1), the Director may waive the operation of paragraph (1) for that tribe. 

(h) EVALUATION.—The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in domestic violence, dating violence, sexual assault, and stalking and knowledge and experience 

in— (1) the development and delivery of services to members of 

Indian tribes who are victimized; 

(2) the development and implementation of tribal governmental responses to such crimes; and 

(3) the traditional and customary practices of Indian tribes 

to such crimes. 

PART U—GRANTS TO ENCOURAGE ARREST 

POLICIES 

SEC. 2101. GRANTS. 

(a) PURPOSE.—The purpose of this part is to encourage States, 

Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government øto treat 

domestic violence as a serious violation¿ to treat domestic violence, 

dating violence, sexual assault, and stalking as serious violations of 

criminal law. 

(b) GRANT AUTHORITY.—The Attorney General may make 

grants to eligible States, Indian tribal governments, State, tribal, 

territorial, and local courts (including juvenile courts), or units of 

local government for the following purposes: 

(1) To implement ømandatory arrest or¿ proarrest programs and policies in police departments, including mandatory 

arrest programs and policies for protection order violations. 

(2) To develop policies, educational programs, protection 

order registries, and training in police departments to improve 

tracking of cases involving ødomestic violence and dating violence.¿ domestic violence, dating violence, sexual assault, and 

190 

stalking. Such policies, educational programs, registries, and 

training shall incorporate confidentiality and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking. 

(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for ødomestic violence cases¿ 

domestic violence, dating violence, sexual assault, and stalking 

cases in øgroups¿ teams or units of police officers, prosecutors, 

parole and probation officers, or judges. 

* * * * * * * 

(5) To strengthen legal advocacy service programs for victims of ødomestic violence and dating violence¿ domestic violence, dating violence, sexual assault, and stalking, including 

strengthening assistance to such victims in immigration matters. 

(6) To educate judges in criminal and øother¿ civil courts 

(including juvenile courts) about domestic violence, dating violence, sexual assault, and stalking and to improve judicial handling of such cases. 

* * * * * * * 

(9) To enhance and support the capacity of victims services 

programs to collaborate with and inform efforts by State and 

local jurisdictions and public officials and agencies to develop 

best practices and policies regarding arrest of domestic violence, 

dating violence, sexual assault, and stalking offenders and to 

strengthen protection order enforcement and to reduce or eliminate domestic violence, dating violence, sexual assault, and 

stalking. 

(10) 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. 

(11) 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, nongovernmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, 

chaplains, legal advocates, representatives from communitybased 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. 

(12) To develop and implement policies and training for police, prosecutors, 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. 

(c) ELIGIBILITY.—Eligible grantees are States, Indian tribal 

governments State and local courts (including juvenile courts),, or 

units of local government that—

191 

(1) * * * 

* * * * * * * 

(3) certify that their laws, policies, or practices prohibit 

issuance of mutual restraining orders of protection except in 

cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily 

in self-defense; øand¿ 

(4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor 

or felony domestic violence offense, or in connection with the 

filing, issuance, registration, or service of a protection order, or 

a petition for a protection order, to protect a victim of domestic 

violence, stalking, or sexual assault, that the victim bear the 

costs associated with the filing of criminal charges against the 

offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for 

a protection order, or witness subpoena, whether issued inside 

or outside the State, tribal, or local jurisdictionø.¿; and 

(5) certify within three years of enactment of the Violence 

Against Women Reauthorization Act of 2005 that their laws, 

policies, or practices ensure that—

(A) no law enforcement officer, prosecuting officer or 

other government official shall ask or require an adult, 

youth, or minor 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, charging or 

prosecution 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, charging or prosecution of the offense. 

ø(d) DEFINITION.—In this section, the term ‘‘protection order’’

has the meaning given the term in section 2266 of title 18, United 

States Code. 

ø(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 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.¿ 

(d) 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. 

SEC. 2102. APPLICATIONS. 

(a) * * * 

(b) PRIORITY.—In awarding grants under this part, the Attorney General shall give priority to applicants that—

(1) do not currently provide for centralized handling of 

cases involving domestic violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts; 

(2) demonstrate a commitment to strong enforcement of 

laws, and prosecution of cases, involving domestic violence, 

dating violence, sexual assault, or stalking, including the enVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00195 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
192 

forcement of protection orders from other States and jurisdictions (including tribal jurisdictions); 

* * * * * * * 

SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION. 

Of the total amounts appropriated under this part, not less 

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

training, technical assistance, and data collection relating to the 

purpose areas of this part to improve the capacity of grantees, subgrantees, and other entities to offer services and assistance to victims of domestic violence and dating violence. 

øPART AA—MATCHING GRANT PROGRAM FOR 

SCHOOL SECURITY 

øSEC. 2701. PROGRAM AUTHORIZED. 

ø(a) IN GENERAL.—The Attorney General is authorized to make 

grants to States, units of local government, and Indian tribes to 

provide improved security, including the placement and use of 

metal detectors and other deterrent measures, at schools and on 

school grounds. 

ø(b) USES OF FUNDS.—Grants awarded under this section shall 

be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on 

school grounds in the jurisdiction of the grantee through one or 

more of the following: 

ø(1) Placement and use of metal detectors, locks, lighting, 

and other deterrent measures. 

ø(2) Security assessments. 

ø(3) Security training of personnel and students. 

ø(4) Coordination with local law enforcement. 

ø(5) Any other measure that, in the determination of the 

Attorney General, may provide a significant improvement in 

security. 

ø(c) PREFERENTIAL CONSIDERATION.—In awarding grants under 

this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a 

demonstrated need for improved security, has a demonstrated need 

for financial assistance, and has evidenced the ability to make the 

improvements for which the grant amounts are sought. 

ø(d) MATCHING FUNDS.—

ø(1) The portion of the costs of a program provided by a 

grant under subsection (a) may not exceed 50 percent. 

ø(2) Any funds appropriated by Congress for the activities 

of any agency of an Indian tribal government or the Bureau of 

Indian Affairs performing law enforcement functions on any 

Indian lands may be used to provide the non-Federal share of 

a matching requirement funded under this subsection. 

ø(3) The Attorney General may provide, in the guidelines 

implementing this section, for the requirement of paragraph 

(1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. 

ø(e) EQUITABLE DISTRIBUTION.—In awarding grants under this 

part, the Attorney General shall ensure, to the extent practicable, 

193 

an equitable geographic distribution among the regions of the 

United States and among urban, suburban, and rural areas. 

ø(f ) ADMINISTRATIVE COSTS.—The Attorney General may reserve not more than 2 percent from amounts appropriated to carry 

out this part for administrative costs. 

øSEC. 2702. APPLICATIONS. 

ø(a) IN GENERAL.—To request a grant under this part, the 

chief executive of a State, unit of local government, or Indian tribe 

shall submit an application to the Attorney General at such time, 

in such manner, and accompanied by such information as the Attorney General may require. Each application shall— ø(1) include a detailed explanation of— ø(A) the intended uses of funds provided under the 

grant; and 

ø(B) how the activities funded under the grant will 

meet the purpose of this part; and 

ø(2) be accompanied by an assurance that the application 

was prepared after consultation with individuals not limited to 

law enforcement officers (such as school violence researchers, 

child psychologists, social workers, teachers, principals, and 

other school personnel) to ensure that the improvements to be 

funded under the grant are—

ø(A) consistent with a comprehensive approach to preventing school violence; and 

ø(B) individualized to the needs of each school at 

which those improvements are to be made. 

ø(b) GUIDELINES.—Not later than 90 days after the date of the 

enactment of this part, the Attorney General shall promulgate 

guidelines to implement this section (including the information 

that must be included and the requirements that the States, units 

of local government, and Indian tribes must meet) in submitting 

the applications required under this section. 

øSEC. 2703. ANNUAL REPORT TO CONGRESS. 

øNot later than November 30th of each year, the Attorney 

General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for 

the preceding fiscal year, the number of grants funded under this 

part, the amount of funds provided under those grants, and the activities for which those funds were used. 

øSEC. 2704. DEFINITIONS. 

øFor purposes of this part—

ø(1) the term ‘‘school’’ means a public elementary or secondary school; 

ø(2) the term ‘‘unit of local government’’ means a county, 

municipality, town, township, village, parish, borough, or other 

unit of general government below the State level; and 

ø(3) the term ‘‘Indian tribe’’ has the same meaning as in 

section 4(e) of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 450b(e)). 

øSEC. 2705. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

$30,000,000 for each of fiscal years 2001 through 2003.¿ 

* * * * * * * 

194 

PART EE—DRUG COURTS 

SEC. 2951. GRANT AUTHORITY. 

(a) IN GENERAL.—The Attorney General may make grants to 

States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements 

with other public or private entities, for adult drug courts, juvenile 

drug courts, family drug courts, and tribal drug courts that involve—

(1) continuing judicial supervision over øoffenders with 

substance abuse problems¿ offenders, and other individuals 

under the jurisdiction of the court, with substance abuse problems who are not violent offenders; 

* * * * * * * 

SEC. 2953. DEFINITION. 

(a) * * * 

(b) DEFINITION FOR PURPOSES OF JUVENILE DRUG COURTS.—

For purposes of juvenile drug courts, the term ‘‘violent offender’’

means a juvenile who has been convicted of, or adjudicated delinquent for, øan offense that¿ a felony-level offense that—

(1) * * * 

* * * * * * * 

SEC. 2957. DISTRIBUTION AND ALLOCATION. 

(a) * * * 

ø(b) MINIMUM ALLOCATION.—Unless all eligible applications 

submitted by any State or unit of local government within such 

State for a grant under this part have been funded, such State, together with grantees within the State (other than Indian tribes), 

shall be allocated in each fiscal year under this part not less than 

0.50 percent of the total amount appropriated in the fiscal year for 

grants pursuant to this part.¿ 

(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. 

* * * * * * * 

ANTI CAR THEFT ACT OF 1992 

* * * * * * * 

TITLE I—TOUGHER LAW 

ENFORCEMENT AGAINST AUTO THEFT 

* * * * * * * 

195 

øSubtitle B—Targeted Law Enforcement 

øSEC. 130. GRANT AUTHORIZATION. 

ø(a) PURPOSE.—The purpose of this subtitle is to supplement 

the provisions of the Edward Byrne Memorial State and Local Law 

Enforcement Assistance Program to help the States to curb motor 

vehicle thefts and the related violence. 

ø(b) GRANTS.—The Director of the Bureau of Justice Assistance 

shall make grants to Anti Car Theft Committees submitting applications in compliance with the requirements of this subtitle. 

øSEC. 131. APPLICATION. 

ø(a) SUBMISSION.—To be eligible to receive a grant under this 

subtitle, a chief executive of an Anti Car Theft Committee shall 

submit an application to the Director of the Bureau of Justice Assistance. 

ø(b) CONTENT.—The application submitted under subsection (a) 

shall include the following: 

ø(1) A statement that the applicant Anti Car Theft Committee is either a State agency or an agency of a unit of local 

government. 

ø(2) A statement that the applicant Anti Car Theft Committee is or will be financed in part (A) by a fee on motor vehicles registered by the State or possessed or insured within the 

State (and that such fee is not less than $1 per vehicle), or (B) 

in the same manner and to the same extent as is a similar program financed and implemented in a State like Michigan. 

ø(3) An assurance that Federal funds received under a 

grant under this subtitle shall be used to supplement and not 

supplant non-Federal funds that would otherwise be available 

for activities funded under such grant. 

ø(4) A statement that the resources of the applicant Anti 

Car Theft Committee will be devoted entirely to combating 

motor vehicle theft, including any or all of the following: 

ø(A) Financing law enforcement officers or investigators whose duties are entirely or primarily related to investigating cases of motor vehicle theft or of trafficking in 

stolen motor vehicles or motor vehicle parts. 

ø(B) Financing prosecutors whose duties are entirely 

or primarily related to prosecuting cases of motor vehicle 

theft or of trafficking in stolen motor vehicles or motor vehicle parts. 

ø(C) Motor vehicle theft prevention programs, including vehicle identification number etching programs, programs implemented by law enforcement agencies and designed to enable the electronic tracking of stolen automobiles, and programs designed to prevent the export of 

stolen vehicles. 

ø(5) A description of the budget for the applicant Anti Car 

Theft Committee for the fiscal year for which a grant is sought. 

øSEC. 132. AWARD OF GRANTS. 

ø(a) IN GENERAL.—The Director shall allocate to each State a 

proportion of the total funds available under this subtitle that is 

equal to the proportion of the number of motor vehicles registered 

in such State to the total number of motor vehicles registered in 

196 

the United States. The Director shall ensure that all applicant 

States have an opportunity to receive grants from an available appropriation. Any State that has not met the requirements described 

in section 203 of this Act shall be excluded from any allocation 

under this subsection. 

ø(b) GRANT AMOUNTS.—If one Anti Car Theft Committee within a State submits an application in compliance with section 131, 

the Director shall award to such Anti Car Theft Committee a grant 

equal to the total amount of funds allocated to such State under 

this section. In no case shall the Anti Car Theft Committee receive 

a grant that is more than 50 percent of the preaward budget for 

such Anti Car Theft Committee. 

ø(c) MULTIPLE COMMITTEES.—If two or more Anti Car Theft 

Committees within a State submit applications in compliance with 

section 131, the Director shall award to such Anti Car Theft Committees grants that in sum are equal to the total amount of funds 

allocated to such State under this section. In no case shall an Anti 

Car Theft Committee receive a grant that is more than 50 percent 

of the preaward budget for such Anti Car Theft Committee. The Director shall allocate funds among two or more Anti Car Theft Committees with a State according to the proportion of the preaward 

budget of each Anti Car Theft Committee to the total preaward 

budget for all grant recipient Anti Car Theft Committees within 

such State. 

ø(d) RENEWAL OF GRANTS.—Subject to the availability of funds, 

a grant under this subtitle may be renewed for up to 2 additional 

years after the first fiscal year during which the recipient receives 

an initial grant under this subtitle if the Director determines that 

the funds made available to the recipient during the previous year 

were used in the manner required under the approved application. 

øSEC. 133. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated $10,000,000 to carry 

out this subtitle for each of the fiscal years 1993, 1994, and 1995.¿ 

* * * * * * * 

SECTION 102 OF THE CRIME INDENTIFICATION 

TECHNOLOGY ACT OF 1998 

SEC. 102. STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICATION, INFORMATION, AND COMMUNICATION. 

(a) * * * 

* * * * * * * 

(c) ASSURANCES.—

(1) * * * 

(2) INFORMATION SHARING.—Such assurances shall include 

a provision that ensures that a statewide strategy for information sharing systems is underway, or will be initiated, to improve the functioning of the criminal justice system, with an 

emphasis on integration of all criminal justice components, law 

enforcement, courts, prosecution, corrections, and probation 

and parole. The strategy shall be prepared after consultation 

with State and local officials with emphasis on the recVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00200 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
197 

ommendation of officials whose duty it is to oversee, plan, and 

implement integrated information technology systems, and 

shall contain— (A) * * * 

* * * * * * * 

(G) a plan for coordinating the programs funded under 

this title with other federally funded information technology programs, including directly funded local programs 

øsuch as the Local Law Enforcement Block Grant program 

(described under the heading ‘‘Violent Crime Reduction 

Programs, State and Local Law Enforcement Assistance’’ of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 1998 

(Public Law 105–119)) and the M.O.R.E. program¿ such as 

the Edward Byrne Justice Assistance Grant Program and 

the M.O.R.E. program established pursuant to part Q of 

title I of the Omnibus Crime Control and Safe Streets Act 

of 1968. 

* * * * * * * 

SECTION 3 OF THE PUBLIC SAFETY OFFICER MEDAL OF 

VALOR ACT OF 2001 

SEC. 3. MEDAL OF VALOR BOARD. 

(a) * * * 

* * * * * * * 

(c) DUTIES.—The Board shall select candidates as recipients of 

the Medal of Valor from among those applications received by the 

National Medal of Valor Office. Not more often than once each 

year, the Board shall present to the Attorney General the name or 

names of those it recommends as Medal of Valor recipients. In a 

given year, the Board shall not be required to select any recipients 

but may not select ømore than 5 recipients¿ more than 5 individuals, or groups of individuals, as recipients. The Attorney General 

may in extraordinary cases increase the number of recipients in a 

given year. The Board shall set an annual timetable for fulfilling 

its duties under this Act. 

* * * * * * * 

SECTION 609M OF THE JUSTICE ASSISTANCE ACT 1984 

SEC. 609M. (a) * * * 

(b) An application for assistance under this section shall be 

submitted in writing by the chief executive officer of a State to the 

Attorney General, in a form prescribed by rules issued by the Attorney General. The Attorney General shall, after consultation with 

øthe Director of the Office of Justice Assistance¿ the Assistant Attorney General for the Office of Justice Programs and appropriate 

members of the Federal law enforcement community, approve or 

198 

disapprove such application not later than 10 days after receiving 

such application. 

* * * * * * * 

VICTIMS OF CRIME ACT OF 1984 

CHAPTER XIV—VICTIM COMPENSATION AND ASSISTANCE 

SEC. 1401. This chapter may be cited as the ‘‘Victims of Crime 

Act of 1984’’. 

CRIME VICTIMS FUND

SEC. 1402. (a) * * * 

(b) Except as limited by subsection (c), there shall be deposited 

in the Fund—

(1) * * * 

* * * * * * * 

(5) any gifts, bequests, or donations to the Fund from private entities or individualsø.¿, 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—

(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. 

* * * * * * * 

(d) The Fund shall be available as follows: 

(2) * * * 

* * * * * * * 

(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4), the Director may set aside up to 

$50,000,000 from the amounts transferred to the Fund in response to the airplane hijackings and terrorist acts that occurred on September 11, 2001, as an antiterrorism emergency 

reserve. The Director may replenish any amounts øexpended¿ 

obligated from such reserve in subsequent fiscal years by setting aside up to 5 percent of the amounts remaining in the 

Fund in any fiscal year after distributing amounts under paragraphs (2), (3) and (4). Such reserve shall not exceed 

$50,000,000. 

* * * * * * * 

(g)(1) The Attorney Generalø, acting through the Director,¿ 

shall use 15 percent of the funds available under subsection (d)(2) 

to make grants for the purpose of assisting Native American Indian 

tribes in developing, establishing, and operating programs designed 

to improve—

(A) * * * 

* * * * * * * 

199 

(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. 

ø(2)¿ (3) As used in this subsection, the term ‘‘tribe’’ has the 

meaning given that term in section 4(b) of the Indian Self-Determination and Education Assistance Act. 

* * * * * * * 

CRIME VICTIM COMPENSATION

SEC. 1403. (a)(1) * * * 

* * * * * * * 

(3) Not more than 5 percent of a grant made under this section 

may be used for training purposes and the administration of the 

State crime victim compensation program receiving the grant. 

* * * * * * * 

CRIME VICTIM ASSISTANCE

SEC. 1404. (a) * * * 

(b)(1) * * * 

* * * * * * * 

(3) Not more than 5 percent of sums received under subsection 

(a) may be used for training purposes and the administration of the 

State crime victim assistance program receiving such sums. 

* * * * * * * 

(c)(1) The Directorø,¿ shall make grants—

(A) for demonstration projects, program evaluation, compliance efforts, and training and technical assistance services to 

eligible crime victim assistance programs; øand¿ 

(B) for the financial support of services to victims of Federal crime by eligible crime victim assistance programsø.¿; and 

(C) for nonprofit neighborhood and community-based victim service organizations and coalitions to improve outreach 

and services to victims of crime. 

(2) Of the amount available for grants under this subsection—

(A) not less than 50 percent shall be used for grants under 

øparagraph (1)(A)¿ paragraphs (1)(A) and (1)(C); øand¿ 

(B) not more than 50 percent shall be used for grants 

under paragraph (1)(B)ø.¿; and 

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

grant under paragraph (1)(C). 

* * * * * * * 

200 

VIOLENCE AGAINST WOMEN ACT OF 1994 

TITLE IV—VIOLENCE AGAINST WOMEN 

SEC. 40001. SHORT TITLE. 

This title may be cited as the ‘‘Violence Against Women Act of 

1994’’. 

* * * * * * * 

Subtitle A—Safe Streets for Women 

* * * * * * * 

CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES 

* * * * * * * 

øSEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM’S COUNSELORS. 

øThere are authorized to be appropriated for the United States 

Attorneys for the purpose of appointing Victim/Witness Counselors 

for the prosecution of sex crimes and domestic violence crimes 

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

each of fiscal years 2001 through 2005.¿ 

SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS. 

There are authorized to be appropriated to the Attorney General 

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 2006 

through 2010. 

* * * * * * * 

CHAPTER 5—ASSISTANCE TO VICTIMS OF SEXUAL 

ASSAULT 

SEC. 40152. TRAINING PROGRAMS. 

(a) * * * 

* * * * * * * 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

ø(1) $1,000,000 for fiscal year 1996; and 

ø(2) $1,000,000 for fiscal year 1997.¿ 

(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. 

* * * * * * * 

Subtitle B—Safe Homes for Women 

* * * * * * * 

201 

CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD 

ABUSE ENFORCEMENT 

* * * * * * * 

øSEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE. 

ø(a) GRANTS.—The Attorney General may make grants to 

States, Indian tribal governments, and local governments of rural 

States, and to other public or private entities of rural States— ø(1) to implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3996gg–2)) and child abuse; 

ø(2) to provide treatment, counseling, and assistance to 

victims of domestic violence and dating violence (as defined in 

section 2003 of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3996gg–2)) and child abuse, including in immigration matters; and 

ø(3) to work in cooperation with the community to develop 

education and prevention strategies directed toward such 

issues. 

ø(b) DEFINITIONS.—In this section—

ø‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or 

other organized group or community of Indians, including an 

Alaska Native village (as defined in or established under 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. 

ø‘‘rural State’’ has the meaning stated in section 1501(b) of 

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

1968 (42 U.S.C. 3796bb(B)). 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section $40,000,000 for each of fiscal years 

2001 through 2005. 

ø(2) ADDITIONAL FUNDING.—In addition to funds received 

under a grant under subsection (a), a law enforcement agency 

may use funds received under a grant under section 103 to accomplish the objectives of this section. 

ø(3) ALLOTMENT FOR INDIAN TRIBES.—Not less than 5 percent of the total amount made available to carry out this section for each fiscal year shall be available for grants to Indian 

tribal governments.¿ 

SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT 

ASSISTANCE. 

(a) PURPOSES.—The purposes of this section are—

(1) to identify, assess, and appropriately respond to adult, 

youth, and minor domestic violence, sexual assault, dating violence, and stalking in rural communities, by encouraging collaboration between—

202 

(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, and local government services in rural communities to adult, youth, and minor 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 3-year grants, 

with a possible extension for an additional 3 years, 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 between 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, and other long- and 

short-term assistance to adult, youth, and minor victims of domestic violence, dating violence, sexual assault, and stalking in 

rural communities; 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 SERVICES.—

(A) IN GENERAL.—Not less than 25 percent of the total 

amount made available for each fiscal year to carry out 

this section shall be allocated for grants that meaningfully 

address sexual assault in rural communities, except as provided in subparagraph (B). 

203 

(B) ESCALATION.—The percentage required by subparagraph (A) shall be—

(i) 30 percent, for any fiscal year for which 

$45,000,000 or more is made available to carry out this 

section; 

(ii) 35 percent, for any fiscal year for which 

$50,000,000 or more is made available to carry out this 

section; or 

(iii) 40 percent, for any fiscal year for which 

$55,000,000 or more is made available to carry out this 

section. 

(C) SAVINGS CLAUSE.—Nothing in this paragraph shall 

prohibit an applicant from applying for funding to address 

domestic violence, dating violence, sexual assault, or stalking, separately or in combination, in the same application. 

(D) REPORT TO CONGRESS.—The Attorney General 

shall, on an annual basis, submit to Congress a report on 

the effectiveness of the set-aside for sexual assault services. 

The report shall include any recommendations of the Attorney General with respect to the rural grant program. 

(3) ALLOTMENT FOR TRAINING, TECHNICAL ASSISTANCE, AND

DATA COLLECTION.—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 training, technical assistance, and data 

collection costs. Of the amounts so used, not less than 25 percent shall be available to nonprofit, nongovernmental organizations whose focus and expertise is in addressing sexual assault 

to provide training, technical assistance, and data collection 

with respect to sexual assault grantees. 

(4) UNDERSERVED POPULATIONS.—In awarding grants 

under this section, the Director shall give priority to the needs 

of racial and ethnic and other underserved populations (as defined in section 2000B of the Omnibus Crime Control and Safe 

Streets Act of 1968). 

(e) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated 

$50,000,000 for each of the fiscal years 2006 through 2010 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. 

* * * * * * * 

Subtitle F—National Stalker and Domestic 

Violence Reduction 

* * * * * * * 

204 

SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this subtitle $3,000,000 for each of fiscal years ø2001¿ 2006 through 

ø2005¿ 2010. 

* * * * * * * 

SEC. 40610. REPORT TO CONGRESS. 

øThe Attorney General shall submit to the Congress an annual 

report, beginning one year after the date of the enactment of this 

Act, that provides¿ Each even-numbered fiscal year, the Attorney 

General shall submit to the Congress a biennial report that provides 

information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts 

and legislation. 

* * * * * * * 

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. GRANTS FOR COURT TRAINING AND IMPROVEMENTS. 

(a) PURPOSE.—The purpose of this section 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, youth, 

and minor domestic violence, dating violence, sexual assault, and 

stalking to be used for the following purposes—

(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, and 

local public agencies and officials and nonprofit, non-governmental organizations to improve implementation and enforcement of relevant Federal, State, tribal, territorial and local law; 

(4) to enable 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 and linguistically and culturally specific services, or a court system 

dedicated to the adjudication of domestic violence cases); 

(B) community-based initiatives within the court system (such as court watch programs, victim advocates, 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; 

205 

(E) education and outreach programs (such as interpreters) to improve community access, including enhanced 

access for racial and ethnic communities and racial and 

ethnic and other underserved populations (as defined in 

section 2000B of the Omnibus Crime Control and Safe 

Streets Act of 1968); and 

(F) other projects likely to improve court responses to 

domestic violence, dating violence, sexual assault, and 

stalking; and 

(5) to provide training, technical assistance, and data collection to tribal, Federal, State, territorial or local courts wishing to improve their practices and procedures or to develop new 

programs. 

(6) to provide training for specialized service providers, 

such as interpreters. 

(b) GRANT REQUIREMENTS.—Grants awarded under this section 

shall be subject to the following conditions: 

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

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

court-based programs, provided that the court’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; and 

(B) national, tribal, State, 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 FOR CERTAIN GRANTS.—

(A) COURT PROGRAMS.—To be eligible for a grant 

under subsection (a)(4), applicants shall certify in writing 

that any courts or court-based personnel working directly 

with or making decisions about adult, youth, or minor 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) EDUCATION PROGRAMS.—To be eligible for a grant 

under subsection (a)(2), applicants shall certify in writing 

that any education program developed under subsection 

(a)(2) 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. 

(c) EVALUATION.—

(1) IN GENERAL.—The Attorney General, through the Director of the Office on Violence Against Women, may evaluate the 

grants funded under this section. 

(2) TRIBAL GRANTEES.—Evaluation of tribal grantees under 

this section shall be conducted by entities with expertise in Federal Indian law and tribal court practice. 

(d) AUTHORIZATION OF APPROPRIATIONS.—

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

carry out this section $4,000,000 for each of fiscal years 2006 

to 2010. 

206 

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

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

used for grants to tribes. 

SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CURRICULA. 

(a) NATIONAL CURRICULA.—

(1) 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, territorial, or local law, promising practices, procedures, 

and policies regarding court responses to adult, youth, and 

minor domestic violence, dating violence, sexual assault, and 

stalking. 

(2) ELIGIBLE ENTITIES.—Any curricula developed under this 

subsection—

(A) 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 

(B) if the primary grantee does not have demonstrated 

expertise such issues, the curricula shall be developed by 

the primary grantee in partnership with an organization 

having such expertise. 

(b) TRIBAL CURRICULA.—

(1) 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, youth, and minor domestic violence, dating violence, sexual assault, and stalking. 

(2) ELIGIBLE ENTITIES.—Any curricula developed under this 

subsection—

(A) 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; and 

(B) 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. 

(c) AUTHORIZATION OF APPROPRIATIONS.—

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

carry out this section $1,000,000 for each of fiscal years 2006 

to 2010. 

(2) 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 section. 

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

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

used for grants to tribes. 

207 

SEC. 41004. ACCESS TO JUSTICE FOR TEENS. 

(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 youth victims of dating violence, domestic 

violence, sexual assault, and stalking 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 youth victims of domestic violence, dating violence, sexual assault, and stalking. 

(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 enable entities to jointly carry out cross training and other 

collaborative initiatives that seek to carry out the purposes of 

this section. Amounts appropriated under this section may only 

be used for programs and activities described under subsection 

(c). 

(2) GRANT PERIODS.—Grants shall be awarded under this 

section for a period of 3 fiscal years. 

(3) ELIGIBLE ENTITIES.—To be eligible for a grant under 

this section, a grant applicant shall establish a collaboration 

that shall include—

(A) a Tribal, State, Territorial or local juvenile, family, 

civil, criminal or other trial court with jurisdiction over domestic violence, dating violence, sexual assault or stalking 

cases (hereinafter referred to as ‘‘courts’’); and 

(B) a victim service provider that has experience in 

working on domestic violence, dating violence, sexual assault, or stalking and the effect that those forms of abuse 

have on young people. 

(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 to—

(1) assess and analyze currently available services for youth 

victims of domestic violence, dating violence, sexual assault, 

and stalking, determine relevant barriers to such services in a 

particular locality; 

(2) establish and enhance linkages and collaboration between courts, domestic violence or sexual assault service providers, and, where applicable, law enforcement agencies, and 

other entities addressing the safety, health, mental health, social service, housing, and economic needs of youth victims of domestic violence, dating violence, sexual assault or stalking, including community-based supports such as schools, local health 

centers, community action groups, and neighborhood coalitions 

to identify, assess, and respond appropriately to the varying 

needs of youth victims of dating violence, domestic violence, sexual assault or stalking; 

(3) educate the staff of courts, domestic violence and sexual 

assault service providers, and, as applicable, the staff of law enVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00211 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
208 

forcement 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, and to understand relevant laws, court procedures and 

policies; and 

(4) provide appropriate resources in juvenile court matters 

to respond to dating violence, domestic violence, sexual assault 

and stalking and assure necessary services dealing with the 

health and mental health of youth 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 law enforcement agencies and religious and 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 for grants to collaborations involving tribal courts, tribal coalitions, tribal organizations, or domestic violence or sexual assault service providers 

the primary purpose of which is to provide culturally relevant 

services to American Indian or Alaska Native women or youth; 

(2) the Attorney General 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 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 training, technical assistance, and data collection for programs funded under this 

section. 

(g) REPORTS.—

(1) REPORTS.—Each of the entities that are members of the 

applicant collaboration described in subsection (b)(3) and that 

receive a grant under this section shall jointly prepare and submit a report to the Attorney General every 18 months detailing 

the activities that the entities have undertaken under the grant 

and such additional information as the Attorney General may 

require. Each such report shall contain information on—

(A) the activities implemented by the recipients of the 

grants awarded under this section; and 

(B) related initiatives undertaken by the Director to 

promote attention to dating violence, domestic violence, sexVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00212 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
209 

ual assault, and stalking and their impact on young victims by—

(i) the staffs of courts; 

(ii) domestic violence, dating violence, sexual assault, and stalking service providers; and 

(iii) law enforcement agencies and community organizations. 

(h) 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. 

Subtitle K—Privacy Protections for Victims 

of Domestic Violence, Dating Violence, 

Sexual Violence, and Stalking 

SEC. 41101. TASK FORCE. 

The Attorney General shall establish a task force to review and 

report on policies, procedures, and technological issues that may affect the privacy and confidentiality of victims of domestic violence, 

dating violence, stalking and sexual assault. The Attorney General 

shall include representatives from States, tribes, territories, law enforcement, court personnel, and private nonprofit organizations 

whose mission is to help develop a best practices model to prevent 

personally identifying information of adult, youth, and minor victims of domestic violence, dating violence, stalking and sexual assault from being released to the detriment of such victimized persons. The Attorney General shall designate one staff member to 

work with the task force. The Attorney General is authorized to 

make grants to develop a demonstration project to implement the 

best practices identified by the Task Force. 

SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

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

carry out this subtitle $1,000,000 for each of fiscal years 2006 

through 2010. 

(b) AVAILABILITY.—Amounts appropriated under this section 

shall remain available until expended and may only be used for the 

specific programs and activities described in this subtitle. 

Subtitle L—Services, Education, Protection 

and Justice for Young Victims of Violence 

SEC. 41201. 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 domestic violence or dating violence victim services providers, 

courts, law enforcement, child welfare agencies, 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. 

210 

(b) GRANTS AUTHORIZED.—The Attorney General, through the 

Violence Against Women Office, 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 $8,000,000 for each of 

fiscal years 2006 through 2010. Funds appropriated under this section shall remain available until expended. Of the amounts appropriated to carry out this section for each fiscal year, the Attorney 

General 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 10 percent for grants to 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 training and technical assistance, to be provided— (A) to organizations that are establishing or have established collaborative responses and services; and 

(B) 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, whether or not they 

are receiving funds under this section. 

(d) UNDERSERVED POPULATIONS.—In awarding grants under 

this section, the Attorney General shall consider the needs of racial 

and ethnic and other underserved populations (as defined in section 

2000B of the Omnibus Crime Control and Safe Streets Act of 1968). 

(e) GRANT AWARDS.—The Attorney General shall award grants 

under this section for periods of not more than 3 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 

211 

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 

by— (A) increasing the safety, autonomy, capacity, and financial security of non-abusing parents or caretakers, including developing service plans and utilizing communitybased services that provide resources and support to nonabusing parents; 

(B) protecting the safety, security, and well-being of 

children by preventing their unnecessary removal from a 

non-abusing parent, or, in cases where removal of the child 

is necessary to protect the child’s safety, taking the necessary steps to provide appropriate and community-based 

services to the child and the non-abusing parent to promote 

the safe and appropriately prompt reunification of the child 

with the non-abusing parent; 

(C) recognizing the relationship between child maltreatment and domestic violence or dating violence in a 

family, as well as the impact of and danger posed by the 

perpetrators’ behavior on adult, youth, and minor victims; 

and 

(D) holding adult, youth, and minor perpetrators of domestic violence or dating violence, not adult, youth, and 

minor victims of abuse or neglect, accountable for stopping 

the perpetrators’ abusive behaviors, including the development of separate service plans, court filings, or communitybased interventions where appropriate; 

(3) increase cooperation and enhance linkages between 

child welfare agencies, domestic violence victim service providers, courts (including family, criminal, juvenile courts, or 

tribal 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 adult, youth, and minor 

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 racial and ethnic minorities 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, youth, and minor 

victims and their children, legal assistance and advocacy for 

adult, youth, and minor 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 cases, programs providing support and assistance to racial and ethnic populations, and other necessary supportive services. 

212 

(h) GRANTEE REQUIREMENTS.—

(1) APPLICATIONS.—Under this section, an entity shall prepare and submit to the Attorney General an application at such 

time, in such manner, and containing such information as the 

Attorney General 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) may include a court; 

(D) may include a law enforcement agency, or Bureau 

of Indian Affairs providing tribal law enforcement; and 

(E) may include any other such agencies or private 

nonprofit organizations, including community-based organizations, with the capacity to provide effective help to the 

adult, youth, and minor victims served by the collaboration. 

(3) REPORTS.—Each entity receiving a grant under this section shall report to the Attorney General every 18 months, detailing how the funds have been used. 

SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS. 

(a) GRANTS AUTHORIZED.—The Attorney General shall award 

grants to eligible entities to conduct programs to serve youth between the ages of 12 and 24 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 victims of domestic violence, dating violence, sexual assault, or stalking; 

(2) a religious or community-based organization that specializes in working with youth victims of domestic violence, dating violence, sexual assault, or stalking; 

213 

(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. 

(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 

teens and young adults, who have experienced domestic violence, dating violence, sexual assault or stalking; 

(B) shall include linguistically, culturally, and community relevant services for racial and ethnic and other underserved populations or linkages to existing services in the 

community tailored to the needs of racial and ethnic and 

other underserved populations; 

(C) may include mental health services; 

(D) may include legal advocacy efforts on behalf of minors 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 10 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) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—Not less than 5 percent of funds appropriated under this 

section in any year shall be available to provide training, technical assistance, and data collection 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) REPORTS.—An entity receiving a grant under this section 

shall submit to the Attorney General every 18 months a report of 

how grant funds have been used. 

214 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $10,000,000 for each of 

fiscal years 2006 through 2010. 

Subtitle M—Strengthening America’s Families by Preventing Violence in the Home 

SEC. 41301. PURPOSE. 

The purpose of this subtitle is to— (1) prevent crimes involving domestic violence, dating violence, sexual assault, and stalking, including when committed 

against children and youth; 

(2) increase the resources and services available to prevent 

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

including when committed against 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. 

SEC. 41302. 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 consultation with the Secretary 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 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 3 fiscal years. 

(3) AWARD BASIS.—The Director shall award grants—

(A) considering the needs of racial and ethnic and 

other underserved populations, as defined in section 2000B 

of the Omnibus Crime Control and Safe Streets Act of 

1968; 

(B) awarding not less than 10 percent of such amounts 

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 training, technical assistance, and data collection programs 

215 

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 $15,000,000 for each of 

fiscal years 2006 through 2010. 

(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; 

(2) training and coordination for programs that serve children and youth (such as Head Start, child care, and afterschool 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; or 

(3) advocacy within the systems that serve children to improve the system’s understanding of and response to children 

who have been exposed to domestic violence and the needs of the 

nonabusing parent. 

(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 

this section, an entity shall be—

(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, child care, 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—

(A) enhance or ensure the safety and security of children who have been 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 

216 

(B) ensure linguistically, culturally, and community 

relevant services for racial and ethnic and other underserved populations. 

(f) REPORTS.—An entity receiving a grant under this section 

shall prepare and submit to the Director every 18 months a report 

detailing the activities undertaken with grant funds, providing additional information as the Director shall require. 

SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN, AND YOUTH 

TO PREVENT 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 Secretary 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 

building alliances among men, women, and youth to prevent 

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 3 fiscal years. 

(3) AWARD BASIS.—The Director shall award grants—

(A) considering the needs of racial and ethnic and 

other underserved populations (as defined in section 2000B 

of the Omnibus Crime Control and Safe Streets Act of 

1968); 

(B) with respect to gender-specific programs described 

under subsection (c)(1)(A), ensuring reasonable distribution 

of funds to programs for boys and programs for girls; 

(C) awarding not less than 10 percent of such amounts 

for the funding of tribal projects from the amounts made 

available under this section for a fiscal year; and 

(D) awarding up to 8 percent for the funding of training, technical assistance, and data collection for grantees 

and non-grantees working in this area and evaluation 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 $10,000,000 for each of 

fiscal years 2006 through 2010. 

(c) USE OF FUNDS.—

(1) PROGRAMS.—The funds appropriated under this section 

shall be used by eligible entities for—

(A) public education and community based programs, 

including gender-specific programs in accordance with applicable laws—

(i) to encourage children and youth to pursue only 

mutually respectful, nonviolent relationships and empower them to reduce their risk of becoming victims or 

perpetrators of domestic violence, dating violence, sexual assault, or stalking; and 

(ii) that include at a minimum—

217 

(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) public education campaigns and community organizing to encourage men and boys to work as allies with 

women and girls to prevent domestic violence, dating violence, stalking, and sexual assault 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 25 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) for a grant under subsection (c)(1)(A), 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; 

(B) provide, where appropriate, linguistically, culturally, and community relevant services for racial and ethnic and other underserved populations; 

(C) inform participants about laws, services, and resources in the community, and make referrals as appropriate; and 

218 

(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. 

(f) REPORTS.—An entity receiving a grant under this section 

shall prepare and submit to the Director every 18 months a report 

detailing the activities undertaken with grant funds, including an 

evaluation of funded programs and providing additional information as the Director shall require. 

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, shall award 

grants on a competitive basis to home visitation programs, in 

collaboration with law enforcement, 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 $5,000,000 for each of 

fiscal years 2006 through 2010. 

(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—

(A) enhance or ensure the safety and security of children and their nonabusing parent in homes already experiVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00222 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
219 

encing domestic violence, dating violence, sexual assault, or 

stalking; 

(B) ensure linguistically, culturally, and community 

relevant services for racial ethnic and other 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 or recognize (or both) 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. 

SECTION 1301 OF THE VICTIMS OF TRAFFICKING AND 

VIOLENCE PROTECTION ACT OF 2000 

øSEC. 1301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.¿ 

SEC. 1301. SAFE HAVENS FOR CHILDREN. 

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

of the Office on Violence Against Women, may award grants to public or nonprofit nongovernmental entities, and to States, units of 

local government, and Indian tribal governments that propose to 

enter into or expand the scope of existing contracts and cooperative 

agreements with public or private nonprofit entities øto provide¿ 

(1) to provide supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, dating violence, child abuse, sexual assault, or stalkingø.¿; 

(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. 

* * * * * * * 

(d) REPORTING.—

(1) IN GENERAL.—øNot later than 1 year after the last day 

of the first fiscal year commencing on or after the date of the 

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

last day of each fiscal year thereafter,¿ Not later than one 

month after the end of each even-numbered fiscal year, the AtVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00223 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
220 

torney General shall submit to Congress a report that includes 

information concerning— (A) * * * 

* * * * * * * 

ø(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $15,000,000 for each of 

fiscal years 2001 and 2002.¿ 

(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 2006 

through 2010. 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 5 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 training, technical assistance, and data collection 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. 

* * * * * * * 

21st CENTURY DEPARTMENT OF JUSTICE 

APPROPRIATIONS AUTHORIZATION ACT 

(Public Law 107–273) 

* * * * * * * 

DIVISION A—21ST CENTURY DEPARTMENT OF JUSTICE APPROPRIATIONS 

AUTHORIZATION ACT 

* * * * * * * 

TITLE II—PERMANENT ENABLING 

PROVISIONS 

SEC. 204. TECHNICAL AND MISCELLANEOUS AMENDMENTS TO DEPARTMENT OF JUSTICE AUTHORITIES; AUTHORITY TO 

TRANSFER PROPERTY OF MARGINAL VALUE; RECORDKEEPING; PROTECTION OF THE ATTORNEY GENERAL. 

(a) * * * 

* * * * * * * 

221 

(f) No compensation or reimbursement paid øpursuant to section 501(a)¿ 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) of Public Law 99–603 (100 Stat. 

3443) or section 241(i) of the Act of June 27, 1952 (ch. 477) shall 

be subject to øsection 6503(d)¿ sections 3335(b) or 6503(d) of title 

31, United States Code, and no funds available to the Attorney 

General may be used to pay any assessment made pursuant to 

such øsection 6503¿ sections 3335(b) or 6503 with respect to any 

such compensation or reimbursement. 

* * * * * * * 

DIVISION C—IMPROVEMENTS TO CRIMINAL JUSTICE, CIVIL JUSTICE, IMMIGRATION, JUVENILE JUSTICE, AND 

INTELLECTUAL PROPERTY AND ANTITRUST LAWS 

TITLE I—CRIMINAL JUSTICE, CIVIL 

JUSTICE, AND IMMIGRATION 

Subtitle A—General Improvements 

SEC. 11001. LAW ENFORCEMENT TRIBUTE ACT. 

(a) * * * 

* * * * * * * 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

fiscal years 2002 through ø2006¿ 2009. 

* * * * * * * 

TITLE 28, UNITED STATES CODE 

* * * * * * * 

Part II—Department of Justice 

Chap. Sec. 

31. The Attorney General ........................................................................... 501 

* * * * * * * 

40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives ................ 599A 

* * * * * * * 

CHAPTER 33—FEDERAL BUREAU OF INVESTIGATION 

* * * * * * * 

222 

§ 530C. Authority to use available funds 

(a) * * * 

(b) PERMITTED USES.—

(1) * * * 

* * * * * * * 

(8) BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.—Funds available to the Attorney General for the Bureau 

of Alcohol, Tobacco, Firearms, and Explosives may be used for 

the conduct of all its authorized activities. 

* * * * * * * 

§ 534. Acquisition, preservation, and exchange of identification records and information; appointment of officials 

(a) * * * 

* * * * * * * 

(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, including information relating to—

(1) identification records; 

(2) criminal history records; 

(3) protection orders; and 

(4) wanted person records. 

ø(d)¿ (e) For purposes of this section, the term ‘‘other institutions’’ includes— (1) * * * 

* * * * * * * 

ø(e)¿ (f)(1) Information from national crime information databases consisting of identification records, criminal history records, 

protection orders, and wanted person records may be disseminated 

to civil or criminal courts for use in domestic violence or stalking 

cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose. 

* * * * * * * 

CHAPTER 40A—BUREAU OF ALCOHOL, 

TOBACCO, FIREARMS, AND EXPLOSIVES 

Sec. 

599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

599B. Personnel management demonstration project. 

øSEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.¿ 

§ 599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There is established within the Department of Justice under the general authority of the Attorney 

223 

General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the ‘‘Bureau’’). 

(2) DIRECTOR.—There shall be at the head of the Bureau 

a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle referred to as the ‘‘Director’’). The Director shall be appointed by the Attorney General and shall perform such functions as the Attorney General shall direct. The 

Director shall receive compensation at the rate prescribed by 

law under section 5314 of title V, United States Code, for positions at level III of the Executive Schedule. 

(3) COORDINATION.—The Attorney General, acting through 

the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for 

the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney 

General so as to assure maximum cooperation between and 

among any officer, employee, or agency of the Department of 

Justice involved in the performance of these and related functions. 

(4) PERFORMANCE OF TRANSFERRED FUNCTIONS.—The Attorney General may make such provisions as the Attorney 

General determines appropriate to authorize the performance 

by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under 

this section. 

(b) RESPONSIBILITIES.—Subject to the direction of the Attorney 

General, the Bureau shall be responsible for investigating—

(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; 

(2) the functions transferred by subsection (c) of section 

1111 of the Homeland Security Act of 2002 (as enacted on the 

date of the enactment of such Act); and 

(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General. 

(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND

ASSETS TO THE DEPARTMENT OF JUSTICE.—

(1) IN GENERAL.—Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to 

the Department of Justice the authorities, functions, personnel, 

and assets of the Bureau of Alcohol, Tobacco and Firearms, 

which shall be maintained as a distinct entity within the Department of Justice, including the related functions of the Secretary of the Treasury. 

(3) BUILDING PROSPECTUS.—Prospectus PDC-98W10, giving 

the General Services Administration the authority for site acquisition, design, and construction of a new headquarters 

building for the Bureau of Alcohol, Tobacco and Firearms, is 

transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department 

of Justice under subsection (a). 

224 

øSEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT.¿ 

§ 599B. Personnel management demonstration project 

Notwithstanding any other provision of law, the Personnel 

Management Demonstration Project established under section 102 

of title I of division C of the Omnibus Consolidated and Emergency 

Supplemental Appropriations Act for Fiscal Year 1999 (Public Law 

105–277; 122 Stat. 2681–585) shall be transferred to the Attorney 

General of the United States for continued use by the Bureau of 

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, 

and the Secretary of the Treasury for continued use by the Tax and 

Trade Bureau. 

* * * * * * * 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

TITLE XI—DEPARTMENT OF JUSTICE 

DIVISIONS 

* * * * * * * 

Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice 

øSEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. 

ø(a) ESTABLISHMENT.—

ø(1) IN GENERAL.—There is established within the Department of Justice under the general authority of the Attorney 

General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the ‘‘Bureau’’). 

ø(2) DIRECTOR.—There shall be at the head of the Bureau 

a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle referred to as the ‘‘Director’’). The Director shall be appointed by the Attorney General and shall perform such functions as the Attorney General shall direct. The 

Director shall receive compensation at the rate prescribed by 

law under section 5314 of title V, United States Code, for positions at level III of the Executive Schedule. 

ø(3) COORDINATION.—The Attorney General, acting 

through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall 

provide for the coordination of all firearms, explosives, tobacco 

enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between 

and among any officer, employee, or agency of the Department 

of Justice involved in the performance of these and related 

functions. 

225 

ø(4) PERFORMANCE OF TRANSFERRED FUNCTIONS.—The Attorney General may make such provisions as the Attorney 

General determines appropriate to authorize the performance 

by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under 

this section. 

ø(b) RESPONSIBILITIES.—Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating—

ø(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws; 

ø(2) the functions transferred by subsection (c); and 

ø(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General. 

ø(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND

ASSETS TO THE DEPARTMENT OF JUSTICE.—

ø(1) IN GENERAL.—Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to 

the Department of Justice the authorities, functions, personnel, 

and assets of the Bureau of Alcohol, Tobacco and Firearms, 

which shall be maintained as a distinct entity within the Department of Justice, including the related functions of the Secretary of the Treasury.¿ 

* * * * * * * 

ø(3) BUILDING PROSPECTUS.—Prospectus PDC-98W10, giving the General Services Administration the authority for site 

acquisition, design, and construction of a new headquarters 

building for the Bureau of Alcohol, Tobacco and Firearms, is 

transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department 

of Justice under subsection (a).¿ 

* * * * * * * 

øSEC. 1115. PERSONNEL MANAGEMENT DEMONSTRATION PROJECT. 

øNotwithstanding any other provision of law, the Personnel 

Management Demonstration Project established under section 102 

of title I of division C of the Omnibus Consolidated and Emergency 

Supplemental Appropriations Act for Fiscal Year 1999 (Public Law 

105–277; 122 Stat. 2681–585) shall be transferred to the Attorney 

General of the United States for continued use by the Bureau of 

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, 

and the Secretary of the Treasury for continued use by the Tax and 

Trade Bureau.¿ 

* * * * * * * 

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 

ACT OF 1994 

* * * * * * * 

226 

TITLE III—CRIME PREVENTION 

* * * * * * * 

øSubtitle B—Local Crime Prevention Block 

Grant Program 

øSEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS. 

ø(a) PAYMENT AND USE.—

ø(1) PAYMENT.—The Attorney General, shall pay to each 

unit of general local government which qualifies for a payment 

under this subtitle an amount equal to the sum of any 

amounts allocated to the government under this subtitle for 

each payment period. The Attorney General shall pay such 

amount from amounts appropriated under section 30202. 

ø(2) USE.—Amounts paid to a unit of general local government under this section shall be used by that unit for carrying 

out one or more of the following purposes: 

ø(A) Education, training, research, prevention, diversion, treatment, and rehabilitation programs to prevent juvenile violence, juvenile gangs, and the use and sale of illegal drugs by juveniles. 

ø(B) Programs to prevent crimes against the elderly 

based on the concepts of the Triad model. 

ø(C) Programs that prevent young children from becoming gang involved, including the award of grants or 

contracts to community-based service providers that have 

a proven track record of providing services to children ages 

5 to 18. 

ø(D) Saturation jobs programs, offered either separately or in conjunction with the services provided for 

under the Youth Fair Chance Program, that provide employment opportunities leading to permanent unsubsidized 

employment for disadvantaged young adults 16 through 25 

years of age. 

ø(E) Midnight sports league programs that shall require each player in the league to attend employment 

counseling, job training, and other educational classes provided under the program, which shall be held in conjunction with league sports games at or near the site of the 

games. 

ø(F) Supervised sports and recreation programs, including Olympic Youth Development Centers established 

in cooperation with the United States Olympic Committee, 

that are offered—

ø(i) after school and on weekends and holidays, 

during the school year; and 

ø(ii) as daily (or weeklong) full-day programs (to 

the extent available resources permit) or as part-day 

programs, during the summer months. 

ø(G) Prevention and enforcement programs to reduce—

227 

ø(i) the formation or continuation of juvenile 

gangs; and 

ø(ii) the use and sale of illegal drugs by juveniles. 

ø(H) Youth anticrime councils to give intermediate 

and secondary school students a structured forum through 

which to work with community organizations, law enforcement officials, government and media representatives, and 

school administrators and faculty to address issues regarding youth and violence. 

ø(I) Award of grants or contracts to the Boys and Girls 

Clubs of America, a national nonprofit youth organization, 

to establish Boys and Girls Clubs in public housing. 

ø(J) Supervised visitation centers for children who 

have been removed from their parents and placed outside 

the home as a result of abuse or neglect or other risk of 

harm to them and for children whose parents are separated or divorced and the children are at risk because— ø(i) there is documented sexual, physical, or emotional abuse as determined by a court of competent jurisdiction; 

ø(ii) there is suspected or elevated risk of sexual, 

physical, or emotional abuse, or there have been 

threats of parental abduction of the child; 

ø(iii) due to domestic violence, there is an ongoing 

risk of harm to a parent or child; 

ø(iv) a parent is impaired because of substance 

abuse or mental illness; 

ø(v) there are allegations that a child is at risk for 

any of the reasons stated in clauses (i), (ii), (iii), and 

(iv), pending an investigation of the allegations; or 

ø(vi) other circumstances, as determined by a 

court of competent jurisdiction, point to the existence 

of such a risk. 

ø(K) Family Outreach Teams which provide a youth 

worker, a parent worker, and a school-parent organizer to 

provide training in outreach, mentoring, community organizing and peer counseling and mentoring to locally recruited volunteers in a particular area. 

ø(L) To establish corridors of safety for senior citizens 

by increasing the numbers, presence, and watchfulness of 

law enforcement officers, community groups, and business 

owners and employees. 

ø(M) Teams or units involving both specially trained 

law enforcement professionals and child or family services 

professionals that on a 24-hour basis respond to or deal 

with violent incidents in which a child is involved as a perpetrator, witness, or victim. 

ø(N) Dwelling units to law enforcement officers without charge or at a substantially reduced rent for the purpose of providing greater security for residents of high 

crime areas. 

ø(b) TIMING OF PAYMENTS.—The Attorney General shall pay 

each amount allocated under this subtitle to a unit of general local 

government for a payment period by the later of 90 days after the 

date the amount is available or the first day of the payment period 

228 

if the unit of general local government has provided the Attorney 

General with the assurances required by section 30203(d). 

ø(c) ADJUSTMENTS.— ø(1) IN GENERAL.—Subject to paragraph (2), the Attorney 

General shall adjust a payment under this subtitle to a unit 

of general local government to the extent that a prior payment 

to the government was more or less than the amount required 

to be paid. 

ø(2) CONSIDERATIONS.—The Attorney General may increase or decrease under this subsection a payment to a unit 

of general local government only if the Attorney General determines the need for the increase or decrease, or the unit requests the increase or decrease, within one year after the end 

of the payment period for which the payment was made. 

ø(d) RESERVATION FOR ADJUSTMENTS.—The Attorney General 

may reserve a percentage of not more than 2 percent of the amount 

under this section for a payment period for all units of general local 

government in a State if the Attorney General considers the reserve is necessary to ensure the availability of sufficient amounts 

to pay adjustments after the final allocation of amounts among the 

units of general local government in the State. 

ø(e) REPAYMENT OF UNEXPENDED AMOUNTS.— ø(1) REPAYMENT REQUIRED.—A unit of general local government shall repay to the Attorney General, by not later than 

15 months after receipt from the Attorney General, any 

amount that is— ø(A) paid to the unit from amounts appropriated 

under the authority of this section; and 

ø(B) not expended by the unit within one year after receipt from the Attorney General. 

ø(2) PENALTY FOR FAILURE TO REPAY.—If the amount required to be repaid is not repaid, the Attorney General shall 

reduce payments in future payment periods accordingly. 

ø(3) DEPOSIT OF AMOUNTS REPAID.—Amounts received by 

the Attorney General as repayments under this subsection 

shall be deposited in a designated fund for future payments to 

units of general local government. 

ø(f) NONSUPPLANTING REQUIREMENT.—Funds made available 

under this subtitle to units of local government shall not be used 

to supplant State or local funds, but will be used to increase the 

amount of funds that would, in the absence of funds under this 

subtitle, be made available from State or local sources. 

øSEC. 30202. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subtitle—

ø(1) $75,940,000 for fiscal year 1996; 

ø(2) $75,940,000 for fiscal year 1997; 

ø(3) $75,940,000 for fiscal year 1998; 

ø(4) $75,940,000 for fiscal year 1999; and 

ø(5) $73,240,000 for fiscal year 2000. 

Such sums are to remain available until expended. 

ø(b) ADMINISTRATIVE COSTS.—Up to 2.5 percent of the amount 

authorized to be appropriated under subsection (b) is authorized to 

be appropriated for the period fiscal year 1995 through fiscal year 

2000 to be available for administrative costs by the Attorney GenVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00232 Fmt 6659 Sfmt 9001 E:\HR\OC\HR233.XXX HR233
229 

eral in furtherance of the purposes of the program. Such sums are 

to remain available until expended. 

øSEC. 30203. QUALIFICATION FOR PAYMENT. 

ø(a) IN GENERAL.—The Attorney General shall issue regulations establishing procedures under which eligible units of general 

local government are required to provide notice to the Attorney 

General of the units’ proposed use of assistance under this subtitle. 

ø(b) GENERAL REQUIREMENTS FOR QUALIFICATION.—A unit of 

general local government qualifies for a payment under this subtitle for a payment period only after establishing to the satisfaction 

of the Attorney General that— ø(1) the government will establish a trust fund in which 

the government will deposit all payments received under this 

subtitle; 

ø(2) the government will use amounts in the trust fund 

(including interest) during a reasonable period; 

ø(3) the government will expend the payments so received, 

in accordance with the laws and procedures that are applicable 

to the expenditure of revenues of the government; 

ø(4) if at least 25 percent of the pay of individuals employed by the government in a public employee occupation is 

paid out of the trust fund, individuals in the occupation any 

part of whose pay is paid out of the trust fund will receive pay 

at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government; 

ø(5) the government will use accounting, audit, and fiscal 

procedures that conform to guidelines which shall be prescribed by the Attorney General. As applicable, amounts received under this subtitle shall be audited in compliance with 

the Single Audit Act of 1984; 

ø(6) after reasonable notice to the government, the government will make available to the Attorney General and the 

Comptroller General of the United States, with the right to inspect, records the Attorney General reasonably requires to review compliance with this subtitle or the Comptroller General 

of the United States reasonably requires to review compliance 

and operations; 

ø(7) the government will make reports the Attorney General reasonably requires, in addition to the annual reports required under this subtitle; and 

ø(8) the government will spend the funds only for the purposes set forth in section 30201(a)(2). 

ø(c) REVIEW BY GOVERNORS.—A unit of general local government shall give the chief executive officer of the State in which the 

government is located an opportunity for review and comment before establishing compliance with subsection (d). 

ø(d) SANCTIONS FOR NONCOMPLIANCE.—

ø(1) IN GENERAL.—If the Attorney General decides that a 

unit of general local government has not complied substantially with subsection (b) or regulations prescribed under subsection (b), the Attorney General shall notify the government. 

The notice shall state that if the government does not take corrective action by the 60th day after the date the government 

receives the notice, the Attorney General will withhold addiVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00233 Fmt 6659 Sfmt 9001 E:\HR\OC\HR233.XXX HR233
230 

tional payments to the government for the current payment period and later payment periods until the Attorney General is 

satisfied that the government— ø(A) has taken the appropriate corrective action; and 

ø(B) will comply with subsection (b) and regulations 

prescribed under subsection (b). 

ø(2) NOTICE.—Before giving notice under paragraph (1), 

the Attorney General shall give the chief executive officer of 

the unit of general local government reasonable notice and an 

opportunity for comment. 

ø(3) PAYMENT CONDITIONS.—The Attorney General may 

make a payment to a unit of general local government notified 

under paragraph (1) only if the Attorney General is satisfied 

that the government— ø(A) has taken the appropriate corrective action; and 

ø(B) will comply with subsection (b) and regulations 

prescribed under subsection (b). 

øSEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS. 

ø(a) STATE DISTRIBUTION.—For each payment period, the Attorney General shall allocate out of the amount appropriated for 

the period under the authority of section 30202— ø(1) 0.25 percent to each State; and 

ø(2) of the total amount of funds remaining after allocation 

under paragraph (1), an amount that is equal to the ratio that 

the number of part 1 violent crimes reported by such State to 

the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993. 

ø(b) LOCAL DISTRIBUTION.—(1) The Attorney General shall allocate among the units of general local government in a State the 

amount allocated to the State under paragraphs (1) and (2) of subsection (a). 

ø(2) The Attorney General shall allocate to each unit of general 

local government an amount which bears the ratio that the number 

of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent 

crimes reported by all units in the State in which the unit is located to the Federal Bureau of Investigation for 1993 multiplied by 

the ratio of the population living in all units in the State in which 

the unit is located that reported part 1 violent crimes to the Federal Bureau of Investigation for 1993 bears to the population of the 

State; or if such data are not available for a unit, the ratio that 

the population of such unit bears to the population of all units in 

the State in which the unit is located for which data are not available multiplied by the ratio of the population living in units in the 

State in which the unit is located for which data are not available 

bears to the population of the State. 

ø(3) If under paragraph (2) a unit is allotted less than $5,000 

for the payment period, the amount allotted shall be transferred to 

the Governor of the State who shall equitably distribute the allocation to all such units or consortia thereof. 

ø(4) If there is in a State a unit of general local government 

that has been incorporated 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 allocate to this newly inVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00234 Fmt 6659 Sfmt 9001 E:\HR\OC\HR233.XXX HR233
231 

corporated local government, out of the amount allocated to the 

State under this section, an amount bearing the same ratio to the 

amount allocated to the State as the population of the newly incorporated local government bears to the population of the State. If 

there is in the State a unit of general local government that 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 this local government to the unit of general local 

government that annexed it. 

ø(c) UNAVAILABILITY OF INFORMATION.—For purposes of this 

section, if data regarding part 1 violent crimes in any State for 

1993 is unavailable or substantially inaccurate, the Attorney General shall utilize the best available comparable data regarding the 

number of violent crimes for 1993 for such State for the purposes 

of allocation of any funds under this subtitle. 

øSEC. 30205. UTILIZATION OF PRIVATE SECTOR. 

øFunds or a portion of funds allocated under this subtitle may 

be utilized to contract with private, nonprofit entities or community-based organizations to carry out the uses specified under section 30201(a)(2). 

øSEC. 30206. PUBLIC PARTICIPATION. 

øA unit of general local government expending payments under 

this subtitle shall hold at least one public hearing on the proposed 

use of the payment in relation to its entire budget. At the hearing, 

persons shall be given an opportunity to provide written and oral 

views to the governmental authority responsible for enacting the 

budget and to ask questions about the entire budget and the relation of the payment to the entire budget. The government shall 

hold the hearing at a time and a place that allows and encourages 

public attendance and participation. 

øSEC. 30207. ADMINISTRATIVE PROVISIONS. 

øThe administrative provisions of part H of the Omnibus 

Crime Control and Safe Streets Act of 1968, shall apply to the Attorney General for purposes of carrying out this subtitle. 

øSEC. 30208. DEFINITIONS. 

øFor purposes of this subtitle: 

ø(1) The term ‘‘unit of general local government’’ means—

ø(A) a county, township, city, or political subdivision of 

a county, township, or city, that is a unit of general local 

government as determined by the Secretary of Commerce 

for general statistical purposes; and 

ø(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village 

that carries out substantial governmental duties and powers. 

ø(2) The term ‘‘payment period’’ means each 1-year period 

beginning on October 1 of the years 1995 through 2000. 

ø(3) The term ‘‘State’’ means any State of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, American Samoa, Guam, and the 

Northern Mariana Islands, except that American Samoa, 

Guam, and the Northern Mariana Islands shall be considered 

232 

as one State and that, for purposes of section 30204(a), 33 per 

centum of the amounts allocated shall be allocated to American 

Samoa, 50 per centum to Guam, and 17 per centum to the 

Northern Mariana Islands. 

ø(4) The term ‘‘children’’ means persons who are not 

younger than 5 and not older than 18 years old. 

ø(5) The term ‘‘part 1 violent crimes’’ means murder and 

non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.¿ 

* * * * * * * 

øSubtitle G—Assistance for Delinquent and 

At-Risk Youth 

øSEC. 30701. GRANT AUTHORITY. 

ø(a) GRANTS.—

ø(1) IN GENERAL.—In order to prevent the commission of 

crimes or delinquent acts by juveniles, the Attorney General 

may make grants to public or private nonprofit organizations 

to support the development and operation of projects to provide 

residential services to youth, aged 11 to 19, who—

ø(A) have dropped out of school; 

ø(B) have come into contact with the juvenile justice 

system; or 

ø(C) are at risk of dropping out of school or coming 

into contact with the juvenile justice system. 

ø(2) CONSULTATION WITH THE OUNCE OF PREVENTION

COUNCIL.—The Attorney General may consult with the Ounce 

of Prevention Council in making grants under paragraph (1). 

ø(3) SERVICES.—Such services shall include activities designed to—

ø(A) increase the self-esteem of such youth; 

ø(B) assist such youth in making healthy and responsible choices; 

ø(C) improve the academic performance of such youth 

pursuant to a plan jointly developed by the applicant and 

the school which each such youth attends or should attend; 

and 

ø(D) provide such youth with vocational and life skills. 

ø(b) APPLICATIONS.—

ø(1) IN GENERAL.—A public agency or private nonprofit organization which desires a grant under this section shall submit an application at such time and in such manner as the Attorney General may prescribe. 

ø(2) CONTENTS.—An application under paragraph (1) shall 

include—

ø(A) a description of the program developed by the applicant, including the activities to be offered; 

ø(B) a detailed discussion of how such program will 

prevent youth from committing crimes or delinquent acts; 

ø(C) evidence that such program—

233 

ø(i) will be carried out in facilities which meet applicable State and local laws with regard to safety; 

ø(ii) will include academic instruction, approved 

by the State, Indian tribal government, or local educational agency, which meets or exceeds State, Indian 

tribal government, and local standards and curricular 

requirements; and 

ø(iii) will include instructors and other personnel 

who possess such qualifications as may be required by 

applicable State or local laws; and 

ø(D) specific, measurable outcomes for youth served by 

the program. 

ø(c) CONSIDERATION OF APPLICATIONS.—Not later than 60 days 

following the submission of applications, the Attorney General 

shall— ø(1) approve each application and disburse the funding for 

each such application; or 

ø(2) disapprove the application and inform the applicant of 

such disapproval and the reasons therefor. 

ø(d) REPORTS.—A grantee under this section shall annually 

submit a report to the Attorney General that describes the activities and accomplishments of such program, including the degree to 

which the specific youth outcomes are met. 

ø(e) DEFINITIONS.—In this subtitle— ø‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or 

other organized group or community of Indians, including Alaska Native village (as defined in or established under 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. 

ø‘‘State’’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

American Samoa, Guam, and the Northern Mariana Islands. 

øSEC. 30702. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated for grants under section 30701—

ø(1) $5,400,000 for fiscal year 1996; 

ø(2) $6,300,000 for fiscal year 1997; 

ø(3) $7,200,000 for fiscal year 1998; 

ø(4) $8,100,000 for fiscal year 1999; and 

ø(5) $9,000,000 for fiscal year 2000.¿ 

* * * * * * * 

Subtitle X—Gang Resistance Education 

and Training 

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS. 

(a) * * * 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section— ø(1) $9,000,000 for fiscal year 1995; 

ø(2) $7,200,000 for fiscal year 1996; 

234 

ø(3) $7,200,000 for fiscal year 1997; 

ø(4) $7,200,000 for fiscal year 1998; 

ø(5) $7,200,000 for fiscal year 1999; and 

ø(6) $7,720,000 for fiscal year 2000.¿ 

(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. 

* * * * * * * 

TITLE XVII—CRIMES AGAINST 

CHILDREN 

Subtitle A—Jacob Wetterling Crimes 

Against Children and Sexually Violent 

Offender Registration Act 

SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND 

SEXUALLY VIOLENT OFFENDER REGISTRATION PROGRAM. 

(a) IN GENERAL.— (1) STATE GUIDELINES.—The Attorney General shall establish guidelines for State programs that require— (A) * * * 

(B) a person who is a sexually violent predator to register a current address øunless such requirement is terminated under¿ for the time period specified in subparagraph 

(B) of subsection (b)(6). 

* * * * * * * 

TITLE XXI—STATE AND LOCAL LAW 

ENFORCEMENT 

* * * * * * * 

øSubtitle E—Improved Training and 

Technical Automation 

øSEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION. 

ø(a) GRANTS.—

ø(1) IN GENERAL.—The Attorney General shall, subject to 

the availability of appropriations, make grants to State, Indian 

tribal, and local criminal justice agencies and to nonprofit organizations for the purposes of improving criminal justice agency 

efficiency through computerized automation and technological 

improvements. 

ø(2) TYPES OF PROGRAMS.—Grants under this section may 

include programs to—

ø(A) increase use of mobile digital terminals; 

235 

ø(B) improve communications systems, such as computer-aided dispatch and incident reporting systems; 

ø(C) accomplish paper-flow reduction; 

ø(D) establish or improve ballistics identification programs; 

ø(E) increase the application of automated fingerprint 

identification systems and their communications on an 

interstate and intrastate basis; and 

ø(F) improve computerized collection of criminal 

records. 

ø(3) FUNDING.—No funds under this subtitle may be used 

to implement any cryptographic or digital telephony programs. 

ø(b) TRAINING AND INVESTIGATIVE ASSISTANCE.—

ø(1) IN GENERAL.—The Attorney General shall, subject to 

the availability of appropriations—

ø(A) expand and improve investigative and managerial 

training courses for State, Indian tribal, and local law enforcement agencies; and 

ø(B) develop and implement, on a pilot basis with no 

more than 10 participating cities, an intelligent information system that gathers, integrates, organizes, and analyzes information in active support of investigations by 

Federal, State, and local law enforcement agencies of violent serial crimes. 

ø(2) IMPROVEMENT OF FACILITIES.—The improvement described in subsection (a) shall include improvements of the 

training facilities of the Federal Bureau of Investigation Academy at Quantico, Virginia. 

ø(3) INTELLIGENT INFORMATION SYSTEM.—The intelligent 

information system described in paragraph (1)(B) shall be developed and implemented by the Federal Bureau of Investigation and shall utilize the resources of the Violent Criminal Apprehension Program. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated—

ø(1) to carry out subsection (a)—

ø(A) $10,000,000 for fiscal year 1996; 

ø(B) $20,000,000 for fiscal year 1997; 

ø(C) $23,000,000 for fiscal year 1998; 

ø(D) $23,000,000 for fiscal year 1999; and 

ø(E) $24,000,000 for fiscal year 2000. 

ø(2) to carry out subsection (b)(1)—

ø(A) $4,000,000 for fiscal year 1996; 

ø(B) $2,000,000 for fiscal year 1997; 

ø(C) $3,000,000 for fiscal year 1998; 

ø(D) $5,000,000 for fiscal year 1999; and 

ø(E) $6,000,000 for fiscal year 2000; and 

ø(3) to carry out subsection (b)(2)—

ø$10,000,000 for fiscal year 1996. 

ø(d) DEFINITIONS.—In this section— ø‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or 

other organized group or community of Indians, including an 

Alaska Native village (as defined in or established under the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 

that is recognized as eligible for the special programs and servVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00239 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
236 

ices provided by the United States to Indians because of their 

status as Indians. 

ø‘‘State’’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern 

Mariana Islands, American Samoa, Guam, and the United 

States Virgin Islands. 

øSubtitle F—Other State and Local Aid 

øSEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS. 

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

Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended—

ø(1) in paragraph (1) by striking ‘‘1993 and 1994’’ and inserting ‘‘1994 and 1995’’; 

ø(2) in paragraph (2) by striking ‘‘1993 and 1994’’ and inserting ‘‘1994 and 1995’’; 

ø(3) in paragraph (3) by striking ‘‘1993 and 1994’’ and inserting ‘‘1994 and 1995’’; 

ø(4) in paragraph (5) by striking ‘‘1993 and 1994’’ and inserting ‘‘1994 and 1995’’; 

ø(5) in paragraph (6) by inserting ‘‘and 1995’’ after ‘‘1994’’; 

ø(6) in paragraph (7) by striking ‘‘1991, 1992, 1993, and 

1994,’’ and inserting ‘‘1994 and 1995’’; 

ø(7) in paragraph (8) by inserting ‘‘and 1995’’ after ‘‘1994’’; 

and 

ø(8) in paragraph (9) by inserting ‘‘and 1995’’ after ‘‘1994’’. 

øSEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT. 

ø(a) IN GENERAL.—The Attorney General shall, subject to the 

availability of appropriation, make grants for States and units of 

local government to pay the costs of providing increased resources 

for courts, prosecutors, public defenders, and other criminal justice 

participants as necessary to meet the increased demands for judicial activities resulting from the provisions of this Act and amendments made by this Act. 

ø(b) APPLICATIONS.—In carrying out this section, the Attorney 

General may make grants to, or enter into contracts with public or 

private agencies, institutions, or organizations or individuals to 

carry out any purpose specified in this section. The Attorney General shall have final authority over all funds awarded under this 

section. 

ø(c) RECORDS.—Each recipient that receives a grant under this 

section shall keep such records as the Attorney General may require to facilitate an effective audit. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

ø(1) $23,000,000 for fiscal year 1996; 

ø(2) $30,000,000 for fiscal year 1997; 

ø(3) $30,000,000 for fiscal year 1998; 

ø(4) $32,000,000 for fiscal year 1999; and 

ø(5) $35,000,000 for fiscal year 2000, 

to remain available for obligation until expended. 

237 

øSEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST 

FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY 

HANDGUN VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993. 

ø(a) APPROPRIATIONS.—Of the amounts authorized in Sections 

103(k) and 106(b)(2) of the Brady Handgun Violence Prevention Act 

(18 U.S.C. 922 note) and in section 4(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of $100,000,000 for 

fiscal year 1995, $25,000,000 for fiscal year 1996, and $25,000,000 

for fiscal year 1997 may be appropriated from the Violent Crime 

Reduction Trust Fund established by this Act. 

ø(b) TECHNICAL AMENDMENT.—Sections 103(k) and 106(b) of 

the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) 

are each amended by striking ‘‘, which may be appropriated from 

the Violent Crime Reduction Trust Fund,’’.¿ 

* * * * * * * 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 25—COUNTERFEITING AND FORGERY 

* * * * * * * 

§ 475. Imitating obligations or securities; advertisements 

Whoever designs, engraves, prints, makes, or executes, or utters, issues, distributes, circulates, or uses any business or professional card, notice, placard, circular, handbill, or advertisement in 

the likeness or similitude of any obligation or security of the 

United States issued under or authorized by any Act of Congress 

or writes, prints, or otherwise impresses upon or attaches to any 

such instrument, obligation, or security, or any coin of the United 

States, any business or professional card, notice, or advertisement, 

or any notice or advertisement whatever, shall be fined under this 

title. Nothing in this section applies to evidence of postage payment 

approved by the United States Postal Service. 

* * * * * * * 

CHAPTER 33—EMBLEMS, INSIGNIA, AND NAMES 

* * * * * * * 

§ 716. Police badges 

(a) * * * 

(b) It is a defense to a prosecution under this section that the 

badge is a genuine police badge and is used or is intended to be 

used exclusively—

(1) * * * 

* * * * * * * 

238 

(d) It is a defense to a prosecution under this section that the 

badge is a counterfeit police badge 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. 

* * * * * * * 

CHAPTER 87—PRISONS 

* * * * * * * 

§ 1791. Providing or possessing contraband in prison 

(a) OFFENSE.—Whoever—

(1) in violation of a statute or a rule or order issued under 

a statute, provides to an inmate of a prison or an individual 

in the custody of the Attorney General or the Bureau of Prisons 

or any institution or facility in which the person is confined by 

direction of the Attorney General a prohibited object, or attempts to do so; or 

(2) being an inmate of a prison or an individual in the custody of the Attorney General or the Bureau of Prisons or any 

institution or facility in which the person is confined by direction of the Attorney General, makes, possesses, or obtains, or 

attempts to make or obtain, a prohibited object; 

shall be punished as provided in subsection (b) of this section. 

* * * * * * * 

CHAPTER 95—RACKETEERING 

* * * * * * * 

§ 1960. Prohibition of unlicensed money transmitting businesses 

(a) * * * 

(b) As used in this section— (1) the term ‘‘unlicensed money transmitting business’’ means a money transmitting business which affects interstate 

or foreign commerce in any manner or degree and— (A) * * * 

* * * * * * * 

(C) otherwise involves the transportation or transmission of funds that are known to the defendant to have 

been derived from a criminal offense or are intended øto 

be used to be used¿ to be used to promote or support unlawful activity; 

* * * * * * * 

CHAPTER 109A—SEXUAL ABUSE 

* * * * * * * 

§ 2241. Aggravated sexual abuse 

(a) BY FORCE OR THREAT.—Whoever, in the special maritime 

and territorial jurisdiction of the United States or in a Federal 

239 

prison, or in the custody of the Attorney General or the Bureau of 

Prisons or any institution or facility in which the person is confined 

by direction of the Attorney General, knowingly causes another person to engage in a sexual act— (1) * * * 

* * * * * * * 

(b) BY OTHER MEANS.—Whoever, in the special maritime and 

territorial jurisdiction of the United States or in a Federal prison, 

or in the custody of the Attorney General or the Bureau of Prisons 

or any institution or facility in which the person is confined by direction of the Attorney General, knowingly—

(1) * * * 

* * * * * * * 

(c) WITH CHILDREN.—Whoever crosses a State line with intent 

to engage in a sexual act with a person who has not attained the 

age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in the custody 

of the Attorney General or the Bureau of Prisons or any institution 

or facility in which the person is confined by direction of the Attorney General, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages 

in a sexual act under the circumstances described in subsections (a) 

and (b) with another person who has attained the age of 12 years 

but has not attained the age of 16 years (and is at least 4 years 

younger than the person so engaging), or attempts to do so, shall 

be fined under this title, imprisoned for any term of years or life, 

or both. If the defendant has previously been convicted of another 

Federal offense under this subsection, or of a State offense that 

would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison. 

* * * * * * * 

§ 2242. Sexual abuse 

Whoever, in the special maritime and territorial jurisdiction of 

the United States or in a Federal prison, or in the custody of the 

Attorney General or the Bureau of Prisons or any institution or facility in which the person is confined by direction of the Attorney 

General, knowingly—

(1) * * * 

* * * * * * * 

§ 2243. Sexual abuse of a minor or ward 

(a) OF A MINOR.—Whoever in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or 

in the custody of the Attorney General or the Bureau of Prisons or 

any institution or facility in which the person is confined by direction of the Attorney General, knowingly engages in a sexual act 

with another person who— (1) * * * 

* * * * * * * 

240 

(b) OF A WARD.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or 

in the custody of the Attorney General or the Bureau of Prisons or 

any institution or facility in which the person is confined by direction of the Attorney General, knowingly engages in a sexual act 

with another person who is— (1) * * * 

* * * * * * * 

or attempts to do so, shall be fined under this title, imprisoned not 

more than øone year¿ five years, or both. 

§ 2244. Abusive sexual contact 

(a) SEXUAL CONDUCT IN CIRCUMSTANCES WHERE SEXUAL ACTS

ARE PUNISHED BY THIS CHAPTER.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal 

prison, or in the custody of the Attorney General or the Bureau of 

Prisons or any institution or facility in which the person is confined 

by direction of the Attorney General, knowingly engages in or 

causes sexual contact with or by another person, if so to do would 

violate—

(1) section 2241 of this title had the sexual contact been 

a sexual act, shall be fined under this title, imprisoned not 

more than ten years, or both; 

(2) section 2242 of this title had the sexual contact been 

a sexual act, shall be fined under this title, imprisoned not 

more than three years, or both; 

(3) subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, 

imprisoned not more than two years, or both; or 

(4) subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, 

imprisoned not more than øsix months¿ two years, or both. 

(b) IN OTHER CIRCUMSTANCES.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal 

prison, or in the custody of the Attorney General or the Bureau of 

Prisons or any institution or facility in which the person is confined 

by direction of the Attorney General, knowingly engages in sexual 

contact with another person without that other person’s permission 

shall be fined under this title, imprisoned not more than øsix 

months¿ two years, or both. 

* * * * * * * 

CHAPTER 110A—DOMESTIC VIOLENCE AND STALKING 

* * * * * * * 

§ 2261. Interstate domestic violence 

(a) OFFENSES.—

(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who 

travels in interstate or foreign commerce or enters or leaves Indian country with the intent to kill, injure, harass, or intimidate a spouse øor intimate partner¿, intimate partner, or dating partner, and who, in the course of or as a result of such 

travel, commits or attempts to commit a crime of violence 

241 

against that spouse øor intimate partner¿, intimate partner, or 

dating partner, shall be punished as provided in subsection (b). 

(2) CAUSING TRAVEL OF VICTIM.—A person who causes a 

spouse øor intimate partner¿, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or 

leave Indian country by force, coercion, duress, or fraud, and 

who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse øor intimate partner¿, intimate partner, or dating partner, shall be punished as provided in subsection (b). 

* * * * * * * 

§ 2261A. Interstate 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 intimidate, or places under surveillance 

with the intent to kill, injure, haras, 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 harm 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) øto kill or injure¿ to kill, injure, harass, or intimidate, or places under surveillance with the intent to kill, injure, harass, or intimidate, or to cause substantial emtional 

harm to, a person in another State or tribal jurisdiction or 

within the special maritime and territorial jurisdiction of 

the United States; or 

(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 harm 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), 

shall be punished as provided in section 2261(b). 

* * * * * * * 

§ 2265. Full faith and credit given to protection orders 

(a) FULL FAITH AND CREDIT.—Any protection order issued that 

is consistent with subsection (b) of this section by the court of one 

øState or Indian tribe¿ State, Indian tribe, or territory (the issuing 

242 

øState or Indian¿ State, Indian tribe, or territory tribe) shall be accorded full faith and credit by the court of another øState or Indian 

tribe¿ State, Indian tribe, or territory (the enforcing øState or Indian tribe¿ State, Indian tribe, or territory) øand enforced as if it 

were¿ and enforced by the court and law enforcement personnel of 

the other State, Indian tribal government, or Territory as if it were 

the order of the enforcing øState or tribe¿ State, Indian tribe, or 

territory. 

(b) PROTECTION ORDER.—A protection order issued by a øState 

or tribal¿ State, tribal, or territorial court is consistent with this 

subsection if—

(1) such court has jurisdiction over the parties and matter 

under the law of such øState or Indian tribe¿ State, Indian 

tribe, or territory; and 

(2) reasonable notice and opportunity to be heard is given 

to the person against whom the order is sought sufficient to 

protect that person’s right to due process. In the case of ex 

parte orders, notice and opportunity to be heard must be provided within the time required by øState or tribal¿ State, tribal, or territorial law, and in any event within a reasonable 

time after the order is issued, sufficient to protect the respondent’s due process rights. 

(c) CROSS OR COUNTER PETITION.—A protection order issued by 

a øState or tribal¿ State, tribal, or territorial court against one who 

has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is 

not entitled to full faith and credit if—

(1) no cross or counter petition, complaint, or other written 

pleading was filed seeking such a protection order; or 

(2) a cross or counter petition has been filed and the court 

did not make specific findings that each party was entitled to 

such an order. 

(d) NOTIFICATION AND REGISTRATION.—

(1) NOTIFICATION.—A øState or Indian tribe¿ State, Indian 

tribe, or territory according full faith and credit to an order by 

a court of another øState or Indian tribe¿ State, Indian tribe, 

or territory shall not notify or require notification of the party 

against whom a protection order has been issued that the protection order has been registered or filed in that enforcing 

øState or tribal¿ State, tribal, or territorial jurisdiction unless 

requested to do so by the party protected under such order. 

(2) NO PRIOR REGISTRATION OR FILING AS PREREQUISITE FOR

ENFORCEMENT.—Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, 

notwithstanding failure to comply with any requirement that 

the order be registered or filed in the enforcing øState or tribal¿ State, tribal, or territorial jurisdiction. 

(e) TRIBAL COURT JURISDICTION.—For purposes of this section, 

a tribal court shall have full civil jurisdiction to enforce protection 

orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and 

other appropriate mechanisms, in matters arising within the authority of the tribe. 

243 

§ 2265A. Repeat offender provision 

The maximum term of imprisonment for a violation of this 

chapter after a prior interstate domestic violence offense (as defined 

in section 2261) or interstate violation of protection order (as defined in section 2262) or interstate stalking (as defined in sections 

2261A(a) and 2261A(b)) shall be twice the term otherwise provided 

for the violation. 

§ 2266. Definitions 

In this chapter: 

(1) * * * 

* * * * * * * 

ø(5) PROTECTION ORDER.—The term ‘‘protection order’’ includes any injunction or other order issued for the purpose of 

preventing violent or threatening acts or harassment against, 

or contact or communication with or physical proximity to, another person, including any temporary or final order issued by 

a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody 

laws, except to the extent that such an order is entitled to full 

faith and credit under other Federal law) 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.¿ 

(5) PROTECTION ORDER, RESTRAINING ORDER, OR INJUNCTION.—The term ‘‘protection order, restraining order, or injunction’’ includes—

(A) any injunction or 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. 

* * * * * * * 

CHAPTER 119—WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL 

COMMUNICATIONS 

* * * * * * * 

244 

§ 2516. Authorization for interception of wire, oral, or electronic communications 

(1) The Attorney General, Deputy Attorney General, Associate 

Attorney General, or any Assistant Attorney General, any acting 

Assistant Attorney General, or any Deputy Assistant Attorney 

General or acting Deputy Assistant Attorney General in the Criminal Division specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction 

for, and such judge may grant in conformity with section 2518 of 

this chapter an order authorizing or approving the interception of 

wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation 

of the offense as to which the application is made, when such interception may provide or has provided evidence of— (a) * * * 

* * * * * * * 

(q) any criminal violation of section 229 (relating to chemical weapons)ø;¿ or øsections¿ section 2332, 2332a, 2332b, 

2332d, 2332f, 2332g, 2332h, 2339A, 2339B, or 2339C of this 

title (relating to terrorism); or 

* * * * * * * 

CHAPTER 121—STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 

* * * * * * * 

§ 2703. Required disclosure of customer communications or 

records 

(a) øCONTENTS OF WIRE OR ELECTRONIC¿ CONTENTS OF WIRE OR

ELECTRONIC COMMUNICATIONS IN ELECTRONIC STORAGE.—A governmental entity may require the disclosure by a provider of electronic 

communication service of the contents of a wire or electronic communication, that is in electronic storage in an electronic communications system for one hundred and eighty days or less, only pursuant to a warrant issued using the procedures described in the 

Federal Rules of Criminal Procedure by a court with jurisdiction 

over the offense under investigation or equivalent State warrant. 

A governmental entity may require the disclosure by a provider of 

electronic communications services of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and 

eighty days by the means available under subsection (b) of this section. 

(b) øCONTENTS OF WIRE OR ELECTRONIC¿ CONTENTS OF WIRE

OR ELECTRONIC COMMUNICATIONS IN A REMOTE COMPUTING SERVICE.—(1) * * * 

* * * * * * * 

(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE.—(1) governmental entity may 

require a provider of electronic communication service or remote 

computing service to disclose a record or other information pertaining to a subscriber to or customer of such service (not including 

245 

the contents of communications) only when the governmental entity— (A) * * * 

* * * * * * * 

(C) has the consent of the subscriber or customer to such 

disclosure; øor¿ 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 203—ARREST AND COMMITMENT 

Sec. 

3041. Power of courts and magistrates. 

* * * * * * * 

3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

* * * * * * * 

§ 3060. Preliminary examination 

(a) * * * 

* * * * * * * 

(c) With the consent of the arrested person, the date fixed by 

the judge or magistrate judge for the preliminary examination may 

be a date later than that prescribed by subsection (b), or may be 

continued one or more times to a date subsequent to the date initially fixed therefor. øIn the absence of such consent of the accused, 

the date fixed for the preliminary hearing may be a date later than 

that prescribed by subsection (b), or may be continued to a date 

subsequent to the date initially fixed therefor, only upon the order 

of a judge of the appropriate United States district court after a 

finding that extraordinary circumstances exist, and that the delay 

of the preliminary hearing is indispensable to the interests of justice.¿ 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. 

* * * * * * * 

CHAPTER 213—LIMITATIONS 

Sec. 

3281. Capital offenses. 

* * * * * * * 

3298. Trafficking-related offenses. 

* * * * * * * 

§ 3283. Offenses against children 

No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse, or 

kidnaping, of a child under the age of 18 years shall preclude such 

246 

prosecution during the life of the child, or for ten years after the offense, whichever is longer. 

* * * * * * * 

§ 3298. Trafficking-related offenses 

No person shall be prosecuted, tried, or punished for any noncapital 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. 

* * * * * * * 

PART III—PRISONS AND PRISONERS 

* * * * * * * 

CHAPTER 301—GENERAL PROVISIONS 

* * * * * * * 

§ 4006. Subsistence for prisoners 

(a) IN GENERAL.—The Attorney General or the Secretary of 

Homeland Security, as applicable, shall allow and pay only the reasonable and actual cost of the subsistence of prisoners in the custody of any marshal of the United States, and shall prescribe such 

regulations for the government of the marshals as will enable him 

to determine the actual and reasonable expenses incurred. 

(b) HEALTH CARE ITEMS AND SERVICES.—

(1) IN GENERAL.—Payment for costs incurred for the provision of health care items and services for individuals in the 

custody of the United States Marshals Service, the Federal Bureau of Investigation and øthe Immigration and Naturalization 

Service shall not exceed the lesser of the amount¿ the Department of Homeland Security shall be the amount billed, not to 

exceed the amount that would be paid for the provision of similar health care øitems and services under—

ø(A) the Medicare program¿ items and services under 

the Medicare program under title XVIII of the Social Security Actø; or 

ø(B) the Medicaid program under title XIX of such Act 

of the State in which the services were provided.¿. 

* * * * * * * 

247 

SECTION 322 OF UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED 

TO INTERCEPT AND OBSTRUCT TERRORISM (USA PATRIOT ACT) ACT OF 2001 

(Public Law 107–56) 

SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE. 

Section 2466 of øtitle 18¿ title 28, United States Code, is 

amended by designating the present matter as subsection (a), and 

adding at the end the following: ‘‘(b) Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on 

behalf of the corporation is a person to whom subsection (a) applies.’’. 

SECTION 316 OF RUNAWAY AND HOMELESS YOUTH ACT 

øGRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION

øSEC. 316. (a) IN GENERAL.—The Secretary shall make grants 

under this section to private, nonprofit agencies for street-based 

outreach and education, including treatment, counseling, provision 

of information, and referral for runaway, homeless, and street 

youth who have been subjected to or are at risk of being subjected 

to sexual abuse. 

ø(b) PRIORITY.—In selecting among applicants for grants under 

subsection (a), the Secretary shall give priority to agencies that 

have experience in providing services to runaway, homeless, and 

street youth. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

ø(1) $7,000,000 for fiscal year 1996; 

ø(2) $8,000,000 for fiscal year 1997; and 

ø(3) $15,000,000 for fiscal year 1998. 

ø(d) DEFINITIONS.—For the purposes of this section—

ø(1) the term ‘‘street-based outreach and education’’ includes education and prevention efforts directed at offenses 

committed by offenders who are not known to the victim as 

well as offenders who are known to the victim; and 

ø(2) the term ‘‘street youth’’ means a juvenile who spends 

a significant amount of time on the street or in other areas of 

exposure to encounters that may lead to sexual abuse.¿ 

SECTION 102 OF THE CONTROLLED SUBSTANCES ACT 

SEC. 102. As used in this title: 

(1) * * * 

* * * * * * * 

(41) 

(A) The term ‘‘anabolic steroid’’ means any drug or hormonal 

substance, chemically and pharmacologically related to testosterone 

(other than estrogens, progestins, corticosteroids, and 

dehydroepiandrosterone), and includes—

248 

(i) * * * 

* * * * * * * 

ø(xvii) 13β-ethyl-17α-hydroxygon-4-en-3-one;¿ 

(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one; 

* * * * * * * 

ø(xliv) stanozolol (17α-methyl-17α-hydroxy-[5α]-androst-2- 

eno[3,2-c]-pyrazole);¿ 

(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2- 

eno[3,2-c]-pyrazole); 

* * * * * * * 

SECTION 7 OF THE PRISON RAPE ELIMINATION ACT OF 

2003 

SEC. 7. NATIONAL PRISON RAPE ELIMINATION COMMISSION. 

(a) * * * 

* * * * * * * 

(d) COMPREHENSIVE STUDY OF THE IMPACTS OF PRISON RAPE.—

(1) * * * 

* * * * * * * 

(3) REPORT.—

(A) DISTRIBUTION.—Not later than ø2¿ 3 years after 

the date of the initial meeting of the Commission, the 

Commission shall submit a report on the study carried out 

under this subsection to—

(i) * * * 

* * * * * * * 

VIOLENCE AGAINST WOMEN ACT OF 2000 

* * * * * * * 

DIVISION B—VIOLENCE AGAINST 

WOMEN ACT OF 2000 

SEC. 1001. SHORT TITLE. 

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

of 2000’’. 

* * * * * * * 

TITLE II—STRENGTHENING SERVICES 

TO VICTIMS OF VIOLENCE 

SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS. 

(a) IN GENERAL.—The purpose of this section is to enable the 

Attorney General to award grants to increase the availability of 

civil and criminal legal assistance necessary to provide effective 

aid to adult, youth, and minor victims of ødomestic violence, dating 

249 

violence, stalking, or sexual assault¿ domestic violence, dating violence, sexual assault, or stalking who are seeking relief in legal 

matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims. 

* * * * * * * 

(c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.—The Attorney 

General may award grants under this subsection to øprivate nonprofit entities, Indian tribal governments,¿ nonprofit, nongovernmental organizations, Indian tribal governments and tribal organizations, territorial organizations, and publicly funded organizations 

not acting in a governmental capacity such as law schools, and 

which shall be used— (1) to implement, expand, and establish cooperative efforts 

and projects between domestic violence, dating violence, and 

sexual assault victim services organizations and legal assistance providers to provide legal assistance for øvictims of domestic violence, dating violence, stalking, and sexual assault¿ 

victims of domestic violence, dating violence, sexual assault, 

and stalking; 

(2) to implement, expand, and establish efforts and 

projects to provide legal assistance for øvictims of domestic violence, dating violence, stalking, and sexual assault¿ victims of 

domestic violence, dating violence, sexual assault, and stalking 

by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and 

(3) to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities 

to offer legal assistance to øvictims of domestic violence, dating 

violence, stalking, and sexual assault¿ victims of domestic violence, dating violence, sexual assault, and stalking. (d) ELIGIBILITY.—To be eligible for a grant under subsection (c), 

applicants shall certify in writing that— (1) any person providing legal assistance through a program funded under subsection (c) has completed or will complete training in connection with ødomestic violence, dating violence, or sexual assault¿ domestic violence, dating violence, 

sexual assault, or stalking and related legal issues; 

ø(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 State, local, or 

tribal domestic violence, dating violence, or sexual assault program or coalition, as well as appropriate State and local law 

enforcement officials; 

ø(3) any person or organization providing legal assistance 

through a program funded under subsection (c) has informed 

and will continue to inform State, local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate State and local law enforcement 

officials of their work; and¿ 

(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; 

250 

(3) any person or organization providing legal assistance 

through a program funded under subsection (c) has informed 

and will continue to inform tribal, State, territorial, or local domestic violence, dating violence, sexual assault or stalking organizations and coalitions, as well as appropriate tribal, State, 

territorial, and local law enforcement officials of their work; 

and 

(4) the grantee’s organizational policies do not require mediation or counseling involving offenders and victims physically 

together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue. 

(e) EVALUATION.—The Attorney General may evaluate the 

grants funded under this section through contracts or other arrangements with entities expert on domestic violence, dating violence, stalking, and sexual assault, and on evaluation research. 

(f ) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section $40,000,000 for each of fiscal years 

2001 through 2005.¿ 

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

carry out this section $55,000,000 for each of fiscal years 2006 

through 2010. Funds appropriated under this section shall remain available until expended and may be used only for the 

specific programs and activities described in this section. Funds 

appropriated under this section may not be used for advocacy. 

(2) ALLOCATION OF FUNDS.— (A) TRIBAL PROGRAMS.—Of the amount made available 

under this subsection in each fiscal year, not less than ø5 

percent¿ 10 percent shall be used for grants for øprograms¿ tribal governments or tribal organizations that assist adult, youth, and minor victims of ødomestic violence, 

dating violence, stalking, and sexual assault¿ domestic violence, dating violence, sexual assault, and stalking on lands 

within the jurisdiction of an Indian tribe. 

(B) VICTIMS OF SEXUAL ASSAULT.—Of the amount 

made available under this subsection in each fiscal year, 

not less than 25 percent shall be used for direct services, 

training, and øtechnical assistance to support projects focused solely or primarily on providing legal assistance to 

victims of sexual assault¿ technical assistance in civil and 

crime victim matters to adult, youth, and minor victims of 

sexual assault. 

* * * * * * * 

TITLE V—BATTERED IMMIGRANT 

WOMEN 

* * * * * * * 

SEC. 1506. RESTORING IMMIGRATION PROTECTIONS UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994. 

(a) * * * 

* * * * * * * 

251 

(c) ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN

REMOVAL AND DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.—

(1) * * * 

* * * * * * * 

(2) DEPORTATION PROCEEDINGS.—

(A) IN GENERAL.—øNotwithstanding any limitation imposed by law on motions to reopen or rescind deportation¿ 

Notwithstanding any limitation on the number of motions, 

or the deadlines for filing motions (including the deadline 

specified in section 242B(c)(3) of the Immigration and Nationality Act before the title III–A effective date), to reopen 

or rescind deportation or exclusion 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)), øthere 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¿ such limitations shall not apply to the filing of a 

single motion under this subparagraph to reopen such proceedings—

ø(i) 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¿ 

(i) if the basis of the motion is to apply for relief 

as a VAWA petitioner (as defined in section 101(a)(51) 

of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(51)) or under section 244(a)(3) of such Act (8 

U.S.C. 1254(a)(3)); and 

(ii) if the motion is accompanied by a suspension 

of deportation or adjustment of status application to be 

filed with the Attorney General or by a copy of the 

self-petition that will be filed with the Immigration 

and Naturalization Service upon the granting of the 

motion to reopen. 

The filing of a motion under this subparagraph shall stay 

the removal of the alien pending a final disposition of the 

motion including the exhaustion of all appeals if the motion establishes a prima facie case for the relief applied for. 

(B) APPLICABILITY.—Subparagraph (A) shall apply to 

motions filed by aliens who are physically present in the 

United States and who—

(i) are, or were, in deportation or exclusion 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)); 

and 

252 

(ii) have become eligible to apply øfor 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 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))¿ 

for relief described in subparagraph (A)(i) as a result 

of the amendments made by—

(I) * * * 

* * * * * * * 

IMMIGRATION AND NATIONALITY ACT 

TITLE I—GENERAL 

DEFINITIONS

SECTION 101. (a) As used in this Act—

(1) * * * 

* * * * * * * 

(15) The term ‘‘immigrant’’ means every alien except an alien 

who is within one of the following classes of nonimmigrant aliens—

(A) * * * 

* * * * * * * 

(T)(i) subject to section 214(o), an alien who the øAttorney 

General¿ Secretary of Homeland Security determines—

(I) * * * 

* * * * * * * 

ø(ii) if the Attorney General considers it necessary to 

avoid extreme hardship—

ø(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; and 

ø(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, 

if accompanying, or following to join, the alien described in 

clause (i);¿ 

(ii) if accompanying, or following to join, the alien described in clause (i)—

(I) in the case of an alien so described 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 

253 

(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; 

* * * * * * * 

(51) The term ‘‘VAWA petitioner’’ means an alien whose application or petition for classification or relief under any of the following provisions (whether as a principal or as a derivative) has 

been filed and has not been denied after exhaustion of administrative appeals: 

(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A). 

(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

(C) Subparagraph (C) or (D) of section 216(c)(4). 

(D) The first section of Public Law 89–732 (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 (division A of section 101(h) of Public 

Law 105–277). 

(F) Section 202(d)(1) of the Nicaraguan Adjustment and 

Central American Relief Act (8 U.S.C. 1255 note; Public Law 

105–100). 

(G) Section 309(c)(5) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 (division C of Public Law 

104–208; 8 U.S.C. 1101 note). 

* * * * * * * 

(b) As used in titles I and II—

(1) The term ‘‘child’’ means an unmarried person under twentyone years of age who is—

(A) * * * 

* * * * * * * 

(E)(i) a child adopted while under the age of sixteen years 

if the child has been in the legal custody of, and has resided 

with, the adopting parent or parents for at least two years or 

if the 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: Provided, That no natural 

parent of any such adopted child shall thereafter, by virtue of 

such parentage, be accorded any right, privilege, or status 

under this Act; or 

* * * * * * * 

(f) For the purposes of this Act—

No person shall be regarded as, or found to be, a person of 

good moral character who, during the period for which good moral 

character is required to be established, is, or was—

(1) * * * 

* * * * * * * 

(3) a member of one or more of the classes of persons, 

whether inadmissible or not, described in paragraphs (2)(D), 

(6)(E), and ø(9)(A)¿ (10)(A) of section 212(a) of this Act; or subparagraphs (A) and (B) of section 212(a)(2) and subparagraph 

(C) thereof of such section (except as such paragraph relates to 

a single offense of simple possession of 30 grams or less of 

254 

marihuana); if the offense described therein, for which such 

person was convicted or of which he admits the commission, 

was committed during such period; 

* * * * * * * 

(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i)—

(1) the øAttorney General¿ Secretary of Homeland Security, the Attorney General, and other Government officials, 

where appropriate, shall provide the alien with a referral to a 

nongovernmental organization that would advise the alien regarding the alien’s options while in the United States and the 

resources available to the alien; and 

(2) the øAttorney General¿ Secretary of Homeland Security 

shall, during the period the alien is in lawful temporary resident status under that subsection, grant the alien authorization to engage in employment in the United States and provide 

the alien with an ‘‘employment authorized’’ endorsement or 

other appropriate work permit. 

* * * * * * * 

TITLE II—IMMIGRATION 

CHAPTER 1—SELECTION SYSTEM

WORLDWIDE LEVEL OF IMMIGRATION

* * * * * * * 

PROCEDURE FOR GRANTING IMMIGRANT STATUS

SEC. 204. (a)(1)(A)(i) * * * 

* * * * * * * 

(iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification 

of the alien (and any child of the alien) if the alien demonstrates 

to the Attorney General that— (aa) * * * 

(bb) during the marriage or relationship intended by the 

alien to be legally a marriage or to conclude in a valid marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has 

been the subject of extreme cruelty perpetrated by the alien’s 

spouse or intended spouse. 

(II) For purposes of subclause (I), an alien described in this 

subclause is an alien— (aa)(AA) who is the spouse of a citizen of the United 

States; 

(BB) who believed that he or she had married a citizen of 

the United States and with whom a marriage ceremony was 

actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and 

bona fides of a marriage, but whose marriage is not legitimate 

solely because of the bigamy of such citizen of the United 

States; øor¿ 

255 

(CC) who was a bona fide spouse of a United States citizen 

within the past 2 years and— (aaa) whose spouse died within the past 2 years; 

(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to øan incident of domestic violence¿ battering or extreme cruelty by the United 

States citizen spouse; or 

(ccc) who demonstrates a connection between the legal 

termination of the marriage within the past 2 years and 

battering or extreme cruelty by the United States citizen 

spouse; or 

(DD) who entered the United States as an alien described 

in section 101(a)(15)(K) with the intent to enter into a valid 

marriage and the alien (or child of the alien) was battered or 

subject to extreme cruelty in the United States by the United 

States citizen who filed the petition to accord status under such 

section; 

* * * * * * * 

(cc) who is eligible to be classified as an immediate relative 

under section 201(b)(2)(A)(i) øor who¿, who would have been so 

classified but for the bigamy of the citizen of the United States 

that the alien intended to marry, or who is described in 

subitem (aa)(DD); and 

(dd) who has resided with the alien’s spouse or intended 

spouse or who is described in subitem (aa)(DD). (iv) An alien who is the child of a citizen of the United States, 

øor¿ who was a child of a United States citizen parent who within 

the past 2 years lost or renounced citizenship status related to øan 

incident of domestic violence¿ battering or extreme cruelty by such 

parent, or who was a child of a United States citizen parent who 

within the past 2 years (or, if later, two years after the date the 

child attains 18 years of age) died or otherwise terminated the parent-child relationship (as defined under section 101(b)), and who is 

a person of good moral character, who is eligible to be classified as 

an immediate relative under section 201(b)(2)(A)(i), and who resides, or has resided in the past, with the citizen parent may file 

a petition with the Attorney General under this subparagraph for 

classification of the alien (and any child of the alien) under such 

section if the alien demonstrates to the Attorney General that the 

alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this 

clause, residence includes any period of visitation. 

* * * * * * * 

(vii) An alien who—

(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 battering or 

extreme cruelty by the United States citizen son or daughter or 

who within the past two years 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); and 

(IV) resides, or has resided in the past, with the citizen 

daughter or son; 

256 

may file a petition with the Secretary of Homeland Security under 

this subparagraph for classification of the alien under such section 

if the alien demonstrates that the alien has been battered by or has 

been the subject of extreme cruelty perpetrated by the alien’s citizen 

son or daughter. 

(B)(i) * * * 

(ii)(I) * * * 

* * * * * * * 

(II) For purposes of subclause (I), an alien described in this 

paragraph is an alien—

(aa)(AA) * * * 

* * * * * * * 

(CC) who was a bona fide spouse of a lawful permanent 

resident within the past 2 years and— (aaa) whose spouse died within the past 2 years; 

ø(aaa)¿ (bbb) whose spouse lost status within the past 

2 years ødue to an incident of domestic violence¿ related 

to battering or extreme cruelty by the lawful permanent 

resident spouse; or 

ø(bbb)¿ (ccc) who demonstrates a connection between 

the legal termination of the marriage within the past 2 

years and battering or extreme cruelty by the lawful permanent resident spouse; 

* * * * * * * 

(iii) An alien who is the child of an alien lawfully admitted for 

permanent residence, øor¿ who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent 

resident status ødue to an incident of domestic violence¿ related to 

battering or extreme cruelty by such parent, or who was a child of 

a lawful permanent resident resident who within the past 2 years 

(or, if later, two years after the date the child attains 18 years of 

age) died or otherwise terminated the parent-child relationship (as 

defined under section 101(b)), and who is a person of good moral 

character, who is eligible for classification under section 

203(a)(2)(A), and who resides, or has resided in the past, with the 

alien’s permanent resident alien parent may file a petition with the 

Attorney General under this subparagraph for classification of the 

alien (and any child of the alien) under such section if the alien 

demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by 

the alien’s permanent resident parent. 

* * * * * * * 

(D)(i)(I) Any child who attains 21 years of age who has filed 

a petition under øclause (iv) of section 204(a)(1)(A)¿ subparagraph 

(A)(iv) that was filed or approved before the date on which the 

child attained 21 years of age shall be considered (if the child has 

not been admitted or approved for lawful permanent residence by 

the date the child attained 21 years of age) øa petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), 

whichever paragraph is applicable¿ to continue to be treated as an 

immediate relative under section 201(b)(2)(A)(i), or a petitioner for 

preference status under section 203(a)(3) if subsequently married, 

with the same priority date assigned to the self-petition filed under 

257 

øclause (iv) of section 204(a)(1)(A)¿ subparagraph (A)(iv). Any child 

who attains 21 years of age who has filed a petition under subparagraph (B)(iii) that was filed or approved before the date on which 

the child attained 21 year of age shall be considered (if the child 

has not been admitted or approved for lawful permanent residence 

by the date the child attained 21 years of age) a petitioner for preference status under section 203(a)(2)(A), with the same priority date 

assigned to the self-petition filed under such subparagraph. No new 

petition shall be required to be filed in either such case. 

* * * * * * * 

(III) Any derivative child who attains 21 years of age who is 

included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age 

shall be considered (if the child has not been admitted or approved 

for lawful permanent residence by the date the child attained 21 

years of age) a petitioner for preference status under øparagraph 

(1), (2), or (3) of section 203(a)¿ section 203(a)(2)(A), whichever 

paragraph is applicable, with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No 

new petition shall be required to be filed. 

* * * * * * * 

(ii) The petition referred to in clause (i)(III) is a petition filed 

by an alien under subparagraph ø(A)(iii), (A)(iv),¿ (B)(ii) or (B)(iii) 

in which the child is included as a derivative beneficiary. 

* * * * * * * 

(iv) In the case of an alien who qualified to petition under subparagraph (A)(iv) or (B)(iii) as of the date the individual attained 

21 years of age, the alien may file a petition under such respective 

subparagraph notwithstanding that the alien has attained such age 

or been married so long as the petition is filed before the date the 

individual attains 25 years of age. In the case of such a petition, 

the alien shall remain eligible for adjustment of status as a child 

notwithstanding that the alien has attained 21 years of age or has 

married, or both. 

* * * * * * * 

(K)(i) In the case of an alien for whom a petition as a VAWA 

petitioner is approved, the alien is eligible for work authorization 

and shall be provided an ‘‘employment authorized’’ endorsement or 

other appropriate work permit. 

(ii) A petition as a VAWA petitioner shall be processed without 

regard to whether a proceeding to remove or deport such alien is 

brought or pending. 

(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 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’s) eligibility as a VAWA petitioner or for such nonimmigrant 

status. 

* * * * * * * 

258 

ADJUSTMENT OF STATUS OF REFUGEES

SEC. 209. (a) * * * 

(b) The Secretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and 

under such regulations as the Secretary or the Attorney General 

may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum 

who—

(1) * * * 

* * * * * * * 

(3)(A) continues to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee, 

(B) was the spouse of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was granted and who was battered or was the subject of extreme cruelty 

perpetrated by such refugee or whose child was battered or subjected to extreme cruelty by such refugee (without the active participation of such spouse in the battery or cruelty), or 

(C) was the child of a refugee within the meaning of section 

101(a)(42)(A) at the time of the filing of the asylum application 

and who was battered or was the subject of extreme cruelty perpetrated by such refugee, 

* * * * * * * 

GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND

INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR AD- MISSION.—Except as otherwise provided in this Act, aliens who are 

inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: 

(1) * * * 

* * * * * * * 

(4) PUBLIC CHARGE.—

(A) * * * 

* * * * * * * 

(C) FAMILY-SPONSORED IMMIGRANTS.—Any alien who 

seeks admission or adjustment of status under a visa number issued under section 201(b)(2) or 203(a) is inadmissible 

under this paragraph unless—

ø(i) the alien has obtained—

ø(I) status as a spouse or a child of a United 

States citizen pursuant to clause (ii), (iii), or (iv) 

of section 204(a)(1)(A), or 

ø(II) classification pursuant to clause (ii) or 

(iii) of section 204(a)(1)(B); or¿ 

(i) the alien is described in subparagraph (E); or 

* * * * * * * 

(E) SPECIAL RULE FOR BATTERED ALIENS.—Subparagraphs (A) through (C) shall not apply to an alien who is 

a VAWA petitioner or is a qualified alien described in secVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00262 Fmt 6659 Sfmt 6603 E:\HR\OC\HR233.XXX HR233
259 

tion 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 

* * * * * * * 

(6) ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.— (A) ALIENS PRESENT WITHOUT ADMISSION OR PAROLE.— (i) * * * 

(ii) EXCEPTION FOR CERTAIN BATTERED WOMEN AND

CHILDREN.—Clause (i) shall not apply to an alien who 

demonstrates that— (I) the alien øqualifies for immigrant status 

under subparagraph (A)(iii), (A)(iv), (B)(ii), or 

(B)(iii) of section 204(a)(1)¿ is a VAWA petitioner, 

* * * * * * * 

(C) MISREPRESENTATION.— (i) * * * 

* * * * * * * 

(iii) WAIVER AUTHORIZED.—For provision authorizing waiver of øclause (i)¿ clauses (i) and (ii), see subsection (i). 

* * * * * * * 

(9) ALIENS PREVIOUSLY REMOVED.—

(A) * * * 

* * * * * * * 

(C) ALIENS UNLAWFULLY PRESENT AFTER PREVIOUS IM- MIGRATION VIOLATIONS.— (i) * * * 

(ii) EXCEPTION.—Clause (i) shall not apply to an 

alien seeking admission more than 10 years after the 

date of the alien’s last departure from the United 

States if, prior to the alien’s reembarkation at a place 

outside the United States or attempt to be readmitted 

from a foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission. The Attorney General in the Attorney General’s 

discretion may waive the provisions of øsection 

212(a)(9)(C)(i)¿ clause (i) in the case of an alien øto 

whom the Attorney General has granted classification 

under clause (iii), (iv), or (v) of section 204(a)(1)(A), or 

classification under clause (ii), (iii), or (iv) of section 

204(a)(1)(B)¿ is a VAWA petitioner, in any case in 

which there is a connection between—

ø(1)¿ (I) the alien’s having been battered or 

subjected to extreme cruelty; and 

ø(2)¿ (II) the alien’s—

ø(A)¿ (aa) removal; 

ø(B)¿ (bb) departure from the United 

States; 

ø(C)¿ (cc) reentry or reentries into the 

United States; or 

ø(D)¿ (dd) attempted reentry into the 

United States. 

* * * * * * * 

260 

(d)(1) * * * 

* * * * * * * 

(5)(A) * * * 

* * * * * * * 

(C) Parole is provided for certain battered aliens, children of 

battered aliens, and parents of battered alien children under section 

240A(b)(4). 

* * * * * * * 

(13)(A) The øAttorney General¿ Secretary of Homeland Security shall determine whether a ground for inadmissibility exists 

with respect to a nonimmigrant described in section 101(a)(15)(T), 

except that the ground for inadmissibility described in subsection 

(a)(4) shall not apply with respect to such a nonimmigrant. 

(B) In addition to any other waiver that may be available 

under this section, in the case of a nonimmigrant described in section 101(a)(15)(T), if the øAttorney General¿ Secretary of Homeland 

Security considers it to be in the national interest to do so, the øAttorney General, in the Attorney General’s discretion¿ Secretary, in 

the Secretary’s discretion, may waive the application of— (i) * * * 

* * * * * * * 

(e) No person admitted under section 101(a)(15)(J) or acquiring 

such status after admission (i) whose participation in the program 

for which he came to the United States was financed in whole or 

in part, directly or indirectly, by an agency of the Government of 

the United States or by the government of the country of his nationality or his last residence, (ii) who at the time of admission or 

acquisition of status under section 101(a)(15)(J) was a national or 

resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the 

field of specialized knowledge or skill in which the alien was engaged, or (iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall 

be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or 

section 101(a)(15)(L) until it is established that such person has resided and been physically present in the country of his nationality 

or his last residence for an aggregate of a least two years following 

departure from the United States unless the alien is a VAWA petitioner or an applicant for nonimmigrant status under subparagraph 

(T) or (U) of section 101(a)(15): Provided, That upon the favorable 

recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an 

alien described in clause (iii), pursuant to the request of a State 

Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization after he has determined 

that departure from the United States would impose exceptional 

hardship upon the alien’s spouse or child (if such spouse or child 

is a citizen of the United States or a lawfully resident alien), or 

that the alien cannot return to the country of his nationality or last 

residence because he would be subject to persecution on account of 

race, religion, or political opinion, the Attorney General may waive 

261 

the requirement of such two-year foreign residence abroad in the 

case of any alien whose admission to the United States is found by 

the Attorney General to be in the public interest except that in the 

case of a waiver requested by a State Department of Public Health, 

or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 214(l): And provided further, That, except in the 

case of an alien described in clause (iii), the Attorney General may, 

upon the favorable recommendation of the Director, waive such 

two-year foreign residence requirement in any case in which the 

foreign country of the alien’s nationality or last residence has furnished the Director a statement in writing that it has no objection 

to such waiver in the case of such alien. 

* * * * * * * 

(g) The Attorney General may waive the application of—

(1) subsection (a)(1)(A)(i) in the case of any alien who—

(A) * * * 

* * * * * * * 

(C) øqualifies for classification under clause (iii) or (iv) 

of section 204(a)(1)(A) or classification under clause (ii) or 

(iii) of section 204(a)(1)(B)¿ is a VAWA petitioner; 

* * * * * * * 

(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 

(a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it 

relates to a single offense of simple possession of 30 grams or less 

of marijuana if—

(1)(A) * * * 

* * * * * * * 

(C) the alien øqualifies for classification under clause 

(iii) or (iv) of section 204(a)(1)(A) or classification under 

clause (ii) or (iii) of section 204(a)(1)(B)¿ is a VAWA petitioner; and 

* * * * * * * 

(i)(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) (and, in the case of 

a VAWA petitioner who demonstrates a connection between the false 

claim of United States citizenship and the petitioner being subjected 

to battery or extreme cruelty, clause (ii)) of subsection (a)(6)(C) in 

the case of an immigrant who is the spouse, son, or daughter of a 

United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney 

General that the refusal of admission to the United States of such 

immigrant alien would result in extreme hardship to the citizen or 

lawfully resident spouse or parent of such an alien or, in the case 

of øan alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B)¿ a 

VAWA petitioner, the alien demonstrates extreme hardship to the 

alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child. 

* * * * * * * 

262 

ADMISSION OF NONIMMIGRANTS

SEC. 214. (a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(15) 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)(i) of such section, respectively, the 

Secretary of Homeland Security shall 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 to extreme cruelty perpetrated by the 

spouse of the alien spouse. Requests for relief under this paragraph 

shall be handled under the procedures that apply to aliens seeking 

relief under section 204(a)(1)(A)(iii). 

(d)(1) A visa shall not be issued under the provisions of section 

101(a)(15)(K)(i) until the consular officer has received a petition 

filed in the United States by the fiance ́e or fiance ́ of the applying 

alien and approved by the Attorney General. The petition shall be 

in such form and contain such information as the Attorney General 

shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for domestic 

violence, sexual assault, or child abuse. It shall be approved only 

after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years 

before the date of filing the petition, have a bona fide intention to 

marry, and are legally able and actually willing to conclude a valid 

marriage in the United States within a period of ninety days after 

the alien’s arrival, except that the Attorney General in his discretion may waive the requirement that the parties have previously 

met in person. In the event the marriage with the petitioner does 

not occur within three months after the admission of the said alien 

and minor children, they shall be required to depart from the 

United States and upon failure to do so shall be removed in accordance with sections 240 and 241 unless the alien (and the child of 

the alien) entered the United States as an alien described in section 

101(a)(15)(K) with the intent to enter into a valid marriage and the 

alien or child was battered or subject to extreme cruelty in the 

United States by the United States citizen who filed the petition to 

accord status under such section. 

(2)(A) Subject to subparagraph (B), 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 more than 2 applying aliens; and 

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously 

approved petition. 

263 

(B) The Secretary of Homeland Security may, in the discretion 

of the Secretary, waive the limitation in subparagraph (A), if justification exists for such a waiver. 

(3) For purposes of this subsection— (A) the term ‘‘child abuse’’ means a felony or misdemeanor 

crime, as defined by Federal or State law, committed by an offender who is a stranger to the victim, or committed by an offender who is known by, or related by blood or marriage to, the 

victim, against a victim who has not attained the lesser of— (i) 18 years of age; or 

(ii) except in the case of sexual abuse, the age specified 

by the child protection law of the State in which the child 

resides; 

(B) the terms ‘‘domestic violence’’ and ‘‘sexual assault’’ have 

the meaning given such terms in section 2003 of title I of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3796gg-2). 

* * * * * * * 

(l)(1) * * * 

(2)(A) Notwithstanding section ø248(2)¿ 248(a)(2), the Attorney General may change the status of an alien who qualifies 

under this subsection and section 212(e) to that of an alien described in section 101(a)(15)(H)(i)(b). The numerical limitations 

contained in subsection (g)(1)(A) shall not apply to any alien 

whose status is changed under the preceding sentence, if the 

alien obtained a waiver of the 2-year foreign residence requirement upon a request by an interested Federal agency or an interested State agency. 

* * * * * * * 

(o)(1) * * * 

* * * * * * * 

(7) The authorized period of status of an alien as a nonimmigrant status under section 101(a)(15)(T) shall be 4 years, but—

(A) shall be extended on a year-by-year basis 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 relating to human 

trafficking that the alien’s ongoing presence in the United 

States is required to assist in the investigation or prosecution 

of such criminal activity; and 

(B) shall be extended if the alien files an application for adjustment of status under section 245(l), until final adjudication 

of such application. 

(8) In the case of an alien for whom an application for nonimmigrant status (whether as a principal or derivative) under section 101(a)(15)(T) has been approved, the alien is eligible for work 

authorization and shall be provided an ‘‘employment authorized’’

endorsement or other appropriate work permit. 

(p) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) 

VISAS.—

(1) * * * 

* * * * * * * 

264 

(6) DURATION OF STATUS.—The authorized period of status 

of an alien as a nonimmigrant under section 101(a)(15)(U) 

shall be 4 years, but— (A) shall be extended on a year-by-year basis 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 ongoing 

presence in the United States is required to assist in the investigation or prosecution of such criminal activity; and 

(B) shall be extended if the alien files an application 

for adjustment of status under section 245(m), until final 

adjudication of such application. 

* * * * * * * 

CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN

SPOUSES AND SONS AND DAUGHTERS

SEC. 216. (a) * * * 

* * * * * * * 

(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR

REMOVAL OF CONDITION.—

(1) * * * 

* * * * * * * 

(4) HARDSHIP WAIVER.—The Attorney General, in the Attorney General’s discretion, may remove the conditional basis 

of the permanent resident status for an alien who fails to meet 

the requirements of paragraph (1) if the alien demonstrates 

that— (A) * * * 

(B) the qualifying marriage was entered into in good 

faith by the alien spouse, but the qualifying marriage has 

been terminated (other than through the death of the 

spouse) and the alien was not at fault in failing to meet 

the requirements of paragraph (1), øor¿ 

(C) the qualifying marriage was entered into in good 

faith by the alien spouse and during the marriage the 

alien spouse or child was battered by or was the subject 

of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not 

at fault in failing to meet the requirements of paragraph 

(1)ø.¿, or 

(D) the alien meets the requirements under section 

204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage 

ceremony has been battered by or was subject to extreme 

cruelty perpetrated by his or her intended spouse and was 

not at fault in failing to meet the requirements of paragraph (1). 

In determining extreme hardship, the Attorney General shall 

consider circumstances occurring only during the period that 

the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, 

the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence 

265 

is credible and the weight to be given that evidence shall be 

within the sole discretion of the Attorney General.The Attorney 

General shall, by regulation, establish measures to protect the 

confidentiality of information concerning any abused alien 

spouse or child, including information regarding the whereabouts of such spouse or child. An application for relief under 

this paragraph may be based on one or more grounds specified 

in subparagraphs (A) through (D) and may be amended at any 

time to change the ground or grounds for such relief without the 

application being resubmitted. Such an application may not be 

considered if there is a final removal order in effect with respect 

to the alien. 

* * * * * * * 

VISA WAIVER PROGRAM FOR CERTAIN VISITORS

SEC. 217. (a) * * * 

* * * * * * * 

(b) WAIVER OF RIGHTS.—An alien may not be provided a waiver under the program unless the alien has waived any right—

(1) * * * 

(2) to contest, other than on the basis of an application for 

asylum, as a VAWA petitioner, or for relief under subparagraph 

(T) or (U) of section 101(a)(15), under section 240A(b)(2), or 

under section 244(a)(3) (as in effect on March 31, 1997), any action for removal of the alien. 

* * * * * * * 

CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND REMOVAL

* * * * * * * 

APPREHENSION AND DETENTION OF ALIENS

SEC. 236. (a) * * * 

* * * * * * * 

(f) LIMITATION ON DETENTION OF CERTAIN VICTIMS OF VIOLENCE.—(1) An alien for whom a petition as a VAWA petitioner has 

been approved or for whom an application for nonimmigrant status 

(whether as a principal or derivative child) under subparagraph (T) 

or (U) of section 101(a)(15) has been approved, subject to paragraph 

(2), the alien shall not be detained if the only basis for detention is 

a ground for which—

(A) a waiver is provided under section 212(h), 212(d)(13), 

212(d)(14), 237(a)(7), or 237(a)(2)(a)(V); or 

(B) there is an exception under section 204(a)(1)(C). 

(2) Paragraph (1) shall not apply in the case of detention that 

is required under subsection (c) or section 236A. 

* * * * * * * 

GENERAL CLASSES OF DEPORTABLE ALIENS

SEC. 237. (a) CLASSES OF DEPORTABLE ALIENS.—Any alien (including an alien crewman) in and admitted to the United States 

266 

shall, upon the order of the Attorney General, be removed if the 

alien is within one or more of the following classes of deportable 

aliens: 

(1) INADMISSIBLE AT TIME OF ENTRY OR OF ADJUSTMENT OF

STATUS OR VIOLATES STATUS.—

(A) * * * 

* * * * * * * 

(H) WAIVER AUTHORIZED FOR CERTAIN MISREPRESENTATIONS.—The provisions of this paragraph relating to the 

removal of aliens within the United States on the ground 

that they were inadmissible at the time of admission as 

aliens described in section 212(a)(6)(C)(i), whether willful 

or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described 

in paragraph (4)(D)) who—

(i) * * * 

(ii) øis an alien who qualifies for classification 

under clause (iii) or (iv) of section 204(a)(1)(A) or 

clause (ii) or (iii) of section 204(a)(1)(B)¿ is a VAWA 

petitioner or qualifies for a waiver under section 

216(c)(4)ø.¿; or 

* * * * * * * 

(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.—

(A) IN GENERAL.—The Attorney General is not limited 

by the criminal court record and may waive the application 

of paragraph (2)(E)(i) (with respect to crimes of domestic 

violence and crimes of stalking) and (ii) in the case of an 

alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator 

of violence in the relationship—

(i) upon a determination that—

(I) the alien was acting øis self-defense¿ in 

self-defense; 

* * * * * * * 

(d)(1) In the case of an alien in the United States for whom a 

petition as a VAWA petitioner has been filed, if the petition sets 

forth a prima facie case for approval, the Secretary of Homeland Security, in the Secretary’s sole unreviewable discretion, may grant the 

alien deferred action until the petition is approved or the petition 

is denied after exhaustion of administrative appeals. In the case of 

the approval of such petition, such deferred action may be extended 

until a final determination is made on an application for adjustment of status. 

(2) In the case of an alien in the United States for whom an 

application for nonimmigrant status (whether as a principal or derivative child) under subparagraph (T) or (U) of section 101(a)(15) 

has been filed, if the application sets forth a prima facie case for 

approval, the Secretary of Homeland Security, in the Secretary’s sole 

unreviewable discretion, may grant the alien deferred action until 

the application is approved or the application is denied after exhaustion of administrative appeals. 

267 

(3) During a period in which an alien is provided deferred action under this subsection, the alien shall not be removed or deported. 

* * * * * * * 

INITIATION OF REMOVAL PROCEEDINGS

SEC. 239. (a) * * * 

* * * * * * * 

(e) CERTIFICATION OF COMPLIANCE WITH RESTRICTIONS ON DISCLOSURE.—Removal proceedings shall not be initiated against an 

alien unless there is a certification of either of the following: 

(1) No enforcement action was taken leading to such proceedings against the alien—

(A) at a domestic violence shelter, a victims services organization or program (as described in section 2003(8) of 

the Omnibus Crime Control and Safe Streets Act of 1968), 

a rape crisis center, a family justice center, or a supervised 

visitation center; or 

(B) at a courthouse (or in connection with the 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 (U) of section 

101(a)(15). 

(2) Such an enforcement action was taken, but the provisions of section 384(a)(1) of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996 have been complied with. 

REMOVAL PROCEEDINGS

SEC. 240. (a) * * * 

* * * * * * * 

(c) DECISION AND BURDEN OF PROOF.—

(1) * * * 

* * * * * * * 

(7) MOTIONS TO REOPEN.—

(A) IN GENERAL.—An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv). 

* * * * * * * 

(C) DEADLINE.—

(i) * * * 

* * * * * * * 

(iv) SPECIAL RULE FOR BATTERED øSPOUSES AND

CHILDREN¿ SPOUSES, CHILDREN, AND PARENTS.—øThe 

deadline specified in subsection (b)(5)(C) for filing a 

motion to reopen does not apply¿ Any limitation under 

this section on the deadlines for filing such motions 

shall not apply—

268 

(I) if the basis for the motion is to apply for 

relief øunder clause (iii) or (iv) of section 

204(a)(1)(A), clause (ii) or (iii) of section 

204(a)(1)(B)¿ as a VAWA petitioner, or section 

240A(b)(2) or section 244(a)(3) (as in effect on 

March 31, 1997); 

(II) if the motion is accompanied by a cancellation of removal or adjustment of status application to be filed with the Attorney General or by 

a copy of the self-petition that has been or will be 

filed with the Immigration and Naturalization 

Service upon the granting of the motion to reopen; 

øand¿ 

(III) if the motion to reopen is filed within 1 

year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to 

the alien’s childø.¿; and 

(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 

stay the removal of the alien pending final disposition 

of the motion including exhaustion of all appeals if the 

motion establishes a prima facie case for the relief applied for. 

* * * * * * * 

(e) DEFINITIONS.—In this section and section 240A: 

(1) EXCEPTIONAL CIRCUMSTANCES.—The term ‘‘exceptional 

circumstances’’ refers to exceptional circumstances (such as 

battery or extreme cruelty of the alien or any child or parent of 

the alien or serious illness of the alien or serious illness or 

death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of 

the alien. 

* * * * * * * 

CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

SEC. 240A. (a) * * * 

(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

FOR CERTAIN NONPERMANENT RESIDENTS.—

(1) IN GENERAL.—The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted 

for permanent residence, an alien who is inadmissible or deportable from the United States if the alien—

(A) * * * 

* * * * * * * 

(C) subject to paragraph (5), has not been convicted of 

an offense under section 212(a)(2), 237(a)(2), or 237(a)(3) 

ø(except in a case described in section 237(a)(7) where the 

269 

Attorney General exercises discretion to grant a waiver)¿; 

and 

* * * * * * * 

(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.— (A) AUTHORITY.—The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien 

demonstrates that—

(i)(I) * * * 

(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a 

lawful permanent resident (or is the parent of a child 

of an alien who is or was a lawful permanent resident 

and the child has been battered or subjected to extreme cruelty by such permanent resident parent); 

øor¿ 

(III) the alien has been battered or subjected to 

extreme cruelty by a United States citizen or lawful 

permanent resident whom the alien intended to 

marry, but whose marriage is not legitimate because 

of that United States citizen’s or lawful permanent 

resident’s bigamy; or 

(IV) the alien entered the United States as an alien 

described in section 101(a)(15)(K) with the intent to 

enter into a valid marriage and the alien (or the child 

of the alien who is described in such section) was battered or subject to extreme cruelty in the United States 

by the United States citizen who filed the petition to accord status under such section; 

* * * * * * * 

ø(iv) the alien is not inadmissible under paragraph (2) or (3) of section 212(a), is not deportable 

under paragraphs (1)(G) or (2) through (4) of section 

237(a) (except in a case described in section 237(a)(7) 

where the Attorney General exercises discretion to 

grant a waiver), and has not been convicted of an aggravated felony; and¿ 

(iv) subject to paragraph (5), the alien is not inadmissible under paragraph (2) or (3) of section 212(a), 

is not removable under paragraph (2), (3)(D), or (4) of 

section 237(a), and is not removable under section 

237(a)(1)(G) (except if there was a connection between 

the marriage fraud described in such section and the 

battery or extreme cruelty described in clause (i)); and 

(B) PHYSICAL PRESENCE.—Notwithstanding subsection 

(d)(2), for purposes of subparagraph ø(A)(i)(II)¿ (A)(ii) or 

for purposes of section 244(a)(3) (as in effect before the 

title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), 

an alien shall not be considered to have failed to maintain 

continuous physical presence by reason of an absence if 

the alien demonstrates a connection between the absence 

and the battering or extreme cruelty perpetrated against 

270 

the alien. No absence or portion of an absence connected 

to the battering or extreme cruelty shall count toward the 

90-day or 180-day limits established in subsection (d)(2). If 

any absence or aggregate absences exceed 180 days, the 

absences or portions of the absences will not be considered 

to break the period of continuous presence. Any such period of time excluded from the 180-day limit shall be excluded in computing the time during which the alien has 

been physically present for purposes of the 3-year requirement set forth in øsection 240A(b)(2)(B)¿ this subparagraph, subparagraph (A)(ii), and section 244(a)(3) (as in effect before the title III–A effective date in section 309 of 

the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). 

(C) GOOD MORAL CHARACTER.—Notwithstanding section 101(f ), an act or conviction that does not bar the Attorney General from granting relief under this paragraph 

by reason of subparagraph (A)(iv) shall not bar the Attorney General from finding the alien to be of good moral 

character under subparagraph ø(A)(i)(III)¿ (A)(iii) or section 244(a)(3) (as in effect before the title III–A effective 

date in section 309 of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996), if the Attorney 

General finds that the act or conviction was connected to 

the alien’s having been battered or subjected to extreme 

cruelty and determines that a waiver is otherwise warranted. 

* * * * * * * 

(E) RELIEF WHILE APPLICATION PENDING.—In the case 

of an alien who has applied for relief under this paragraph 

and whose application sets forth a prima facie case for 

such relief or who has filed an application for relief under 

section 244(a)(3) (as in effect on March 31, 1997) that sets 

forth a prima facie case for such relief—

(i) the alien shall not be removed or deported until 

the application has been approved or, in the case it is 

denied, until all opportunities for appeal of the denial 

have been exhausted; and 

(ii) such an application shall be processed without 

regard to whether a proceeding to remove or deport 

such alien is brought or pending. 

* * * * * * * 

(4) øCHILDREN OF BATTERED ALIENS¿ BATTERED ALIENS, 

CHILDREN OF BATTERED ALIENS, AND DERIVATIVE FAMILY MEMBERS OF TRAFFICKING VICTIMS, AND PARENTS OF BATTERED

ALIEN CHILDREN.—

(A) IN GENERAL.—The Attorney General shall grant 

parole under section 212(d)(5) to any alien who is a— (i) child of an alien granted relief under section 

240A(b)(2) or 244(a)(3) (as in effect before the title III– A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 

1996); øor¿ 

271 

(ii) parent of a child alien granted relief under section 240A(b)(2) or 244(a)(3) (as in effect before the title 

III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 

1996)ø.¿; 

(iii) VAWA petitioner whose petition was approved 

based on having been battered or subjected to extreme 

cruelty by a United States citizen spouse, parent, or son 

or daughter and who is admissible and eligible for an 

immigrant visa; 

(iv) VAWA petitioner whose petition was approved 

based on having been battered or subjected to extreme 

cruelty by a lawful permanent resident spouse or parent, who is admissible and would be eligible for an immigrant visa but for the fact that an immigrant visa 

is not immediately available to the alien, and who filed 

a petition for classification under section 204(a)(1)(B), 

if at least 3 years has elapsed since the petitioner’s priority date; or 

(v) an alien whom the Secretary of State determines would, but for an application or approval, meet 

the conditions for approval as a nonimmigrant described in section 101(a)(15)(T)(ii). 

(B) DURATION OF PAROLE.—øThe grant of parole¿ (i) 

The grant of parole under subparagraph (A)(i) or (A)(ii) 

shall extend from the time of the grant of relief under section 240A(b)(2) or section 244(a)(3) (as in effect before the 

title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 

to the time the application for adjustment of status filed 

by aliens covered under this paragraph has been finally 

adjudicated. Applications for adjustment of status filed by 

aliens øcovered under this paragraph¿ covered under such 

subparagraphs shall be treated as if øthey were applications filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 

(B)(iii)¿ the applicants were VAWA petitioner for purposes 

of section 245 (a) and (c). Failure by the alien granted relief under section 240A(b)(2) or section 244(a)(3) (as in effect before the title III–A effective date in section 309 of 

the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to exercise due diligence in filing a visa 

petition on behalf of an alien described in clause (i) or (ii) 

of subparagraph (A) may result in revocation of parole. 

(ii) The grant of parole under subparagraph (A)(iii) or 

(A)(iv) shall extend from the date of approval of the applicable petition to the time the application for adjustment of 

status filed by aliens covered under such subparagraphs 

has been finally adjudicated. Applications for adjustment 

of status filed by aliens covered under such subparagraphs 

shall be treated as if they were applications filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes 

of section 245 (a) and (c). 

(iii) The grant of parole under subparagraph (A)(v) 

shall extend from the date of the determination of the Secretary of State described in such subparagraph to the time 

272 

the application for status under section 101(a)(15)(T)(ii) 

has been finally adjudicated. Failure by such an alien to 

exercise due diligence in filing a visa petition on the alien’s 

behalf may result in revocation of parole. 

(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER AUTHOR- ITY.—The provisions of section 237(a)(7) shall apply in the application of paragraphs (1)(C) and (2)(A)(iv) (including waiving 

grounds of deportability) in the same manner as they apply 

under section 237(a). In addition, for purposes of such paragraphs and in the case of an alien who has been battered or 

subjected to extreme cruelty and if there was a connection between the inadmissibility or deportability and such battery or 

cruelty with respect to the activity involved, the Attorney General may waive, in the sole unreviewable discretion of the Attorney General, any other ground of inadmissibility or deportability for which a waiver is authorized under section 212(h), 

212(d)(13), 212(d)(14), or 237(a)(2)(A)(v), and the exception described in section 204(a)(1)(C) shall apply. 

* * * * * * * 

(e) ANNUAL LIMITATION.—

(1) * * * 

* * * * * * * 

(3) EXCEPTION FOR CERTAIN ALIENS.—Paragraph (1) shall 

not apply to the following: 

(A) * * * 

* * * * * * * 

(C) Aliens with respect to their cancellation of removal 

under subsection (b)(2). 

* * * * * * * 

VOLUNTARY DEPARTURE

SEC. 240B. (a) * * * 

* * * * * * * 

(d) CIVIL PENALTY FOR FAILURE TO DEPART.—øIf¿ (1) Subject 

to paragraph (2), if an alien is permitted to depart voluntarily 

under this section and fails voluntarily to depart the United States 

within the time period specified, the alien shall be subject to a civil 

penalty of not less than $1,000 and not more than $5,000, and be 

ineligible for a period of 10 years for any further relief under this 

section and sections 240A, 245, 248, and 249. The order permitting 

the alien to depart voluntarily shall inform the alien of the penalties under this subsection. 

(2) The ineligibility for relief under paragraph (1) shall not 

apply to an alien who is a VAWA petitioner, who is seeking status 

as a nonimmigrant under subparagraph (T) or (U) of section 

101(a)(15), or who is an applicant for relief under section 240A(b)(2) 

or under section 244(a)(3) (as in effect on March 31, 1997), if there 

is a connection between the failure to voluntarily depart and the 

battery or extreme cruelty, trafficking, or criminal activity, referred 

to in the respective provision. 

* * * * * * * 

273 

CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS

ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON

ADMITTED FOR PERMANENT RESIDENCE

SEC. 245. (a) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other 

alien having an approved petition for classification øunder subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or¿ as a 

VAWA petitioner may be adjusted by the Attorney General, in his 

discretion and under such regulations as he may prescribe, to that 

of an alien lawfully admitted for permanent residence if (1) the 

alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United 

States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. In 

the case of a petition under clause (ii), (iii), or (iv) of section 

204(a)(1)(A) that includes an individual as a derivative child of a 

principal alien, no adjustment application other than the adjustment application of the principal alien shall be required for adjustment of status of the individual under this subsection or subsection 

(c). 

* * * * * * * 

(c) Other than an alien having an approved petition for classification øunder subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

(B)(iii), or (B)(iv) of section 204(a)(1)¿ as a VAWA petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative 

as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (I), (J), or (K)) who hereafter continues in or accepts unauthorized employment prior to filing an application for 

adjustment of status or who is in unlawful immigration status on 

the date of filing the application for adjustment of status or who 

has failed (other than through no fault of his own or for technical 

reasons) to maintain continuously a lawful status since entry into 

the United States; (3) any alien admitted in transit without visa 

under section 212(d)(4)(C); (4) an alien (other than an immediate 

relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 

217; (5) an alien who was admitted as a nonimmigrant described 

in section 101(a)(15)(S), (6) an alien who is deportable under section 237(a)(4)(B); (7) any alien who seeks adjustment of status to 

that of an immigrant under section 203(b) and is not in a lawful 

nonimmigrant status; or (8) any alien who was employed while the 

alien was an unauthorized alien, as defined in section 274A(h)(3), 

or who has otherwise violated the terms of a nonimmigrant visa. 

(d)(1) The Attorney General may not adjust, under subsection 

(a), the status of an alien lawfully admitted to the United States 

for permanent residence on a conditional basis under section 216. 

The Attorney General may not adjust, under subsection (a), the 

status of a nonimmigrant alien described in section 101(a)(15)(K) 

who is not described in section 204(a)(1)(A)(iii)(II)(aa)(DD) except to 

that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the 

nonimmigrant (or, in the case of a minor child, the parent) to the 

274 

citizen who filed the petition to accord that alien’s nonimmigrant 

status under section 101(a)(15)(K) . 

(2) Paragraph (1) shall not apply to an alien who seeks adjustment of status on the basis of an approved petition for classification 

as a VAWA petitioner. 

* * * * * * * 

(l)(1) If, in the opinion of the øAttorney General¿ Secretary of 

Homeland Security, a nonimmigrant admitted into the United 

States under section 101(a)(15)(T)(i)— (A) subject to paragraph (6), has been physically present in 

the United States for a continuous period of at least 3 years 

since the earlier of (i) the date the alien was granted continued 

presence under section 107(c)(3) of the Trafficking Victims Protection Act of 2000, or (ii) the date of admission as a nonimmigrant under section 101(a)(15)(T)(i), 

(B) subject to paragraph (7), has, throughout such period, 

been a person of good moral character, and 

(C)(i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution 

of acts of trafficking, or 

(ii) the alien would suffer extreme hardship involving unusual and severe harm upon removal from the United States, 

the øAttorney General¿ Secretary may adjust the status of the 

alien (and any person admitted under section 101(a)(15)(T)(ii) as 

the spouse, parent, sibling, or child of the alien) to that of an alien 

lawfully admitted for permanent residence. 

(2) Paragraph (1) shall not apply to an alien admitted under 

section 101(a)(15)(T) who is inadmissible to the United States by 

reason of a ground that has not been waived under section 212, except that, if the øAttorney General¿ Secretary of Homeland Security considers it to be in the national interest to do so, the øAttorney General¿ Secretary, in the øAttorney General’s¿ Secretary’s discretion, may waive the application of—

(A) * * * 

(B) any other provision of such section (excluding paragraphs (3), (10)(C), and ø(10(E))¿ (10)(E)), if the activities rendering the alien inadmissible under the provision were caused 

by, or were incident to, the victimization described in section 

101(a)(15)(T)(i)(I). 

(3) * * * 

* * * * * * * 

(5) Upon the approval of adjustment of status under paragraph 

(1), the øAttorney General¿ Secretary of Homeland Security shall 

record the alien’s lawful admission for permanent residence as of 

the date of such approval. 

(6) The Secretary of Homeland Security may waive or reduce 

the period of physical presence required under paragraph (1)(A) for 

an alien’s adjustment of status under this subsection if a Federal, 

State, or local law enforcement official investigating or prosecuting 

trafficking described in section 101(a)(15)(T)(i) in relation to the 

alien or the alien’s spouse, child, parent, or sibling certifies that the 

official has no objection to such waiver or reduction. 

(7) For purposes of paragraph (1)(B), the Secretary of Homeland Security, in the Secretary’s sole unreviewable discretion, may 

275 

waive consideration of a disqualification from good moral character 

described in section 101(f) with respect to an alien if there is a connection between the disqualification and the trafficking with respect 

to the alien described in section 101(a)(15)(T)(i). 

* * * * * * * 

CHANGE OF NONIMMIGRANT CLASSIFICATION

SEC. 248. øThe Attorney General¿ (a) The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other 

nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to 

maintain that status and who is not inadmissible under section 

212(a)(9)(B)(i) (or whose inadmissibility under such section is 

waived under section 212(a)(9)(B)(v)), except (subject to subsection 

(b)) in the case of—

(1) * * * 

* * * * * * * 

(b) The limitation based on inadmissibility under section 

212(a)(9)(B) and the exceptions specified in numbered paragraphs 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), other than from such classification under subparagraph (C) or (D) of such section. 

* * * * * * * 

TITLE III—NATIONALITY AND NATURALIZATION 

* * * * * * * 

CHAPTER 2—NATIONALITY THROUGH NATURALIZATION

* * * * * * * 

MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT

ORGANIZATIONS

SEC. 319. (a) Any person whose spouse is a citizen of the 

United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child 

of a United States citizen who battered him or her or subjected him 

or her to extreme cruelty, may be naturalized upon compliance 

with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding 

the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, 

within the United States for at least three years, and during the 

three years immediately preceding the date of filing his application 

has been living in marital union with the citizen spouse (except in 

the case of a person who has been battered or subjected to extreme 

cruelty by a United States citizen spouse or parent, regardless of 

whether the lawful permanent resident status was obtained on the 

basis of such battery or cruelty), who has been a United States citizen during all of such period, and has been physically present in 

the United States for periods totaling at least half of that time and 

276 

has resided within the State or the district of the Service in the 

United States in which the applicant filed his application for at 

least three months. The provisions of section 204(a)(1)(J) shall 

apply in acting on an application under this subsection in the same 

manner as they apply in acting on petitions referred to in such section. 

* * * * * * * 

SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled: 

(1) * * * 

* * * * * * * 

(3) The child is residing in the United States in the legal 

and physical custody of the citizen parent pursuant to a lawful 

admission for permanent residence or the child is residing in 

the United States pursuant to a lawful admission for permanent residence and has been battered or subject to extreme cruelty by the citizen parent or by a family member of the citizen 

parent residing in the same household. 

SECTION 107 OF THE TRAFFICKING VICTIMS 

PROTECTION ACT OF 2000 

SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING. 

(a) * * * 

(b) VICTIMS IN THE UNITED STATES.— (1) ASSISTANCE.— (A) * * * 

* * * * * * * 

(E) CERTIFICATION.—

(i) IN GENERAL.—Subject to clause (ii), the certification referred to in subparagraph (C) is a certification 

by the Secretary of Health and Human Services, after 

consultation with the Attorney General, that the person referred to in subparagraph (C)(ii)(II)—

(I) is willing to assist in every reasonable way 

in the øinvestigation and prosecution¿ investigation or prosecution, by the United States or a State 

or local government of severe forms of trafficking 

in persons; and 

(II)(aa) * * * 

(bb) is a person whose continued presence in 

the United States the øAttorney General¿ Secretary of Homeland Security is ensuring in order 

to effectuate prosecution of traffickers in persons. 

(ii) PERIOD OF EFFECTIVENESS.—A certification referred to in subparagraph (C), with respect to a person 

described in clause (i)(II)(bb), shall be effective only for 

so long as the øAttorney General¿ Secretary of Homeland Security determines that the continued presence 

277 

of such person is necessary to effectuate prosecution of 

traffickers in persons. 

(iii) INVESTIGATION øAND¿ OR PROSECUTION DE- FINED.—For the purpose of a certification under this 

subparagraph, the term ‘‘investigation øand¿ or prosecution’’ includes— (I) * * * 

(II) location and apprehension of such persons; øand¿ 

(III) testimony at proceedings against such 

personsø.¿; or 

(IV) responding to and cooperating with requests for evidence and information. 

* * * * * * * 

(c) TRAFFICKING VICTIM REGULATIONS.—Not later than 180 

days after the date of the enactment of this Act, the Attorney General, Secretary of Homeland Security, and the Secretary of State 

shall promulgate regulations for law enforcement personnel, immigration officials, and Department of State officials to implement the 

following: 

(1) * * * 

* * * * * * * 

(3) AUTHORITY TO PERMIT CONTINUED PRESENCE IN THE

UNITED STATES.—Federal law enforcement officials may permit 

an alien individual’s continued presence in the United States, 

if after an assessment, it is determined that such individual is 

a victim of a severe form of trafficking and a potential witness 

to such trafficking, in order to effectuate prosecution of those 

responsible, and such officials in investigating and prosecuting 

traffickers shall protect the safety of trafficking victims, including taking measures to protect trafficked persons and their 

family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates. State or local law 

enforcement officials may request that such Federal law enforcement officials permit the continued presence of trafficking victims. If such a request contains a certification that a trafficking 

victim is a victim of a severe form of trafficking, such Federal 

law enforcement officials may permit the continued presence of 

the trafficking victim in accordance with this paragraph. 

* * * * * * * 

(5) CERTIFICATION OF NO OBJECTION FOR WAIVER OR REDUCTION OF PERIOD OF REQUIRED PHYSICAL PRESENCE FOR ADJUSTMENT OF STATUS.—In order for an alien to have the required period of physical presence under paragraph (1)(A) of 

section 245(l) of the Immigration and Nationality Act waived or 

reduced under paragraph (6) of such section, a Federal, State, 

and local law enforcement official investigating or prosecuting 

trafficking described in section 101(a)(15)(T)(i) in relation to the 

alien or the alien’s spouse, child, parent, or sibling may provide 

for a certification of having no objection to such waiver or reduction. 

* * * * * * * 

278 

(e) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VIC- TIMS.— (1) * * * 

* * * * * * * 

(5) STATUTORY CONSTRUCTION.—Nothing in this section, or 

in the amendments made by this section, shall be construed as 

prohibiting the øAttorney General¿ Secretary of Homeland Security from instituting removal proceedings under section 240 

of the Immigration and Nationality Act (8 U.S.C. 1229a) 

against an alien admitted as a nonimmigrant under section 

101(a)(15)(T)(i) of that Act, as added by subsection (e), for conduct committed after the alien’s admission into the United 

States, or for conduct or a condition that was not disclosed to 

the øAttorney General¿ Secretary of Homeland Security prior 

to the alien’s admission as a nonimmigrant under such section 

101(a)(15)(T)(i). 

* * * * * * * 

(g) ANNUAL REPORTS.—On or before October 31 of each year, 

the øAttorney General¿ Secretary of Homeland Security shall submit a report to the appropriate congressional committees setting 

forth, with respect to the preceding fiscal year, the number, if any, 

of otherwise eligible applicants who did not receive visas under section 101(a)(15)(T) of the Immigration and Nationality Act, as added 

by subsection (e), or who were unable to adjust their status under 

section 245(l) of such Act, solely on account of the unavailability of 

visas due to a limitation imposed by section 214(o)(2) or 245(l)(4)(A) 

of such Act. Each such report shall also include statistics regarding 

the number of law enforcement officials who have been trained in 

the identification and protection of trafficking victims and certification for assistance as nonimmigrants under section 101(a)(15)(T) 

of such Act. 

* * * * * * * 

SECTION 202 OF THE NICARAGUAN ADJUSTMENT AND 

CENTRAL AMERICAN RELIEF ACT 

SEC. 202. ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS

AND CUBANS. (a) * * * 

* * * * * * * 

(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.— (1) IN GENERAL.—The status of an alien shall be adjusted 

by the Attorney General to that of an alien lawfully admitted 

for permanent residence, if— (A) * * * 

(B) the alien— (i) * * * 

(ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of 

an alien whose status is adjusted, or was eligible for 

adjustment, to that of an alien lawfully admitted for 

permanent residence under subsection (a), and the 

spouse, child, or child of the spouse has been battered 

279 

or subjected to extreme cruelty by the alien that filed 

for adjustment under subsection (a); 

* * * * * * * 

(E) applies for such adjustment before April 1, 2000, 

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 Act of 2005. 

* * * * * * * 

(3) PROCEDURE.—In acting on an application under this 

section with respect to a spouse or child who has been battered 

or subjected to extreme cruelty, the Attorney General shall 

apply section ø204(a)(1)(H)¿ 204(a)(1)(J). 

* * * * * * * 

SECTION 1 OF THE ACT OF NOVEMBER 2, 1966 

(Public Law 89–732) 

AN ACT To adjust the status of Cuban refugees to that of lawful permanent 

residents of the United States, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That, notwithstanding the provisions of section 245(c) of the Immigration and 

Nationality Act, the status of any alien who is a native or citizen 

of Cuba and who has been inspected and admitted or paroled into 

the United States subsequent to January 1, 1959 and has been 

physically present in the United States for at least one year, may 

be adjusted by the Attorney General, in his discretion and under 

such regulations as he may prescribe, to that of an alien lawfully 

admitted for permanent residence if the alien makes an application 

for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent 

residence. Upon approval of such an application for adjustment of 

status, the Attorney General shall create a record of the alien’s admission for permanent residence as of a date thirty months prior 

to the filing of such an application or the date of his last arrival 

into the United States, whichever date is later. The provisions of 

this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place 

of birth, who are residing with such alien in the United States, except that such spouse or child who has been battered or subjected 

to extreme cruelty may adjust to permanent resident status under 

this Act without demonstrating that he or she is residing with the 

Cuban spouse or parent in the United States. In acting on applications under this section with respect to spouses or children who 

have been battered or subjected to extreme cruelty, the Attorney 

General shall apply the provisions of section ø204(a)(1)(H)¿ 

204(a)(1)(J). 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 enVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00283 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
280 

actment of Violence Against Women 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 Act of 2005) if the 

alien demonstrates a connection between the termination of the marriage and the battering or extreme cruelty by the Cuban alien. 

* * * * * * * 

SECTION 902 OF THE HAITIAN REFUGEE IMMIGRATION 

FAIRNESS ACT OF 1998 

ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS

SEC. 902. (a) * * * 

* * * * * * * 

(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.—

(1) IN GENERAL.—The status of an alien shall be adjusted 

by the Attorney General to that of an alien lawfully admitted 

for permanent residence, if—

(A) * * * 

(B)(i) the alien is the spouse, child, or unmarried son 

or daughter of an alien øwhose status is adjusted to that 

of an alien lawfully admitted for permanent residence¿ 

who is or was eligible for classification under subsection 

(a), except that, in the case of such an unmarried son or 

daughter, the son or daughter shall be required to establish that the son or daughter has been physically present 

in the United States for a continuous period beginning not 

later than December 1, 1995, and ending not earlier than 

the date on which the application for such adjustment is 

filed; 

(ii) at the time of filing of the application for adjustment under subsection (a), the alien is the spouse or child 

of an alien øwhose status is adjusted to that of an alien 

lawfully admitted for permanent residence¿ who is or was 

eligible for classification under subsection (a) and the 

spouse, child, or child of the spouse has been battered or 

subjected to extreme cruelty by the individual described in 

subsection (a); and 

(iii) in acting on applications under this section with 

respect to spouses or children who have been battered or 

subjected to extreme cruelty, the Attorney General shall 

apply the provisions of section ø204(a)(1)(H)¿ 204(a)(1)(J). 

* * * * * * * 

ILLEGAL IMMIGRATION REFORM AND IMMIGRANT 

RESPONSIBILITY ACT OF 1996 

* * * * * * * 

281 

DIVISION C—ILLEGAL IMMIGRATION 

REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996 

* * * * * * * 

TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, 

AND REMOVAL OF INADMISSIBLE AND 

DEPORTABLE ALIENS 

Subtitle A—Revision of Procedures for 

Removal of Aliens 

* * * * * * * 

SEC. 309. EFFECTIVE DATES; TRANSITION. 

(a) * * * 

* * * * * * * 

(c) TRANSITION FOR CERTAIN ALIENS.— (1) * * * 

* * * * * * * 

(5) TRANSITIONAL RULES WITH REGARD TO SUSPENSION OF

DEPORTATION.— (A) * * * 

* * * * * * * 

(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM- PORARY PROTECTION FROM DEPORTATION AND FOR BAT- TERED SPOUSES AND CHILDREN.— (i) IN GENERAL.—For purposes of calculating the 

period of continuous physical presence under section 

244(a) of the Immigration and Nationality Act (as in 

effect before the title III–A effective date) or section 

240A of such Act (as in effect after the title III–A effective date), subparagraph (A) of this paragraph and 

paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act shall not apply in the case 

of an alien, regardless of whether the alien is in exclusion or deportation proceedings before the title III–A 

effective date, who has not been convicted at any time 

of an aggravated felony (as defined in section 101(a) of 

the Immigration and Nationality Act) and— (I) * * * 

* * * * * * * 

(VII)(aa) was the spouse or child of an alien 

described in subclause (I), (II), or (V)—

(AA) * * * 

(BB) at the time at which the alien filed 

an application for suspension of deportation 

or cancellation of removal; øor¿ 

282 

(CC) at the time at which the alien registered for benefits under the settlement 

agreement in American Baptist Churches, et. 

al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; 

øand¿ or 

(DD) at the time at which the spouse or 

child files an application for suspension of deportation or cancellation of removal; and 

* * * * * * * 

(iii) CONSIDERATION OF PETITIONS.—In acting on a 

petition filed under subclause (VII) of clause (i) the 

provisions set forth in section ø204(a)(1)(H)¿ 

204(a)(1)(J) shall apply. 

* * * * * * * 

(g) MOTIONS TO REOPEN DEPORTATION OR REMOVAL PROCEEDINGS.—(1) Notwithstanding any limitation imposed by law on 

motions to reopen removal or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated felony 

(as defined in section 101(a) of the Immigration and Nationality 

Act)), subject to paragraph (2), any alien who has become eligible 

for cancellation of removal or suspension of deportation as a result 

of the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act may file one motion to reopen removal or deportation proceedings to apply for cancellation 

of removal or suspension of deportation. The Attorney General 

shall designate a specific time period in which all such motions to 

reopen are required to be filed. The period shall begin not later 

than 60 days after the date of the enactment of the Nicaraguan Adjustment and Central American Relief Act and shall extend for a 

period not to exceed 240 days. 

(2) There shall be no limitation on a motion to reopen removal 

or deportation proceedings in the case of an alien who is described 

in subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 

removal or deportation proceedings in the case of such an alien 

shall be handled under the procedures that apply to aliens seeking 

relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality Act. 

* * * * * * * 

Subtitle F—Additional Provisions 

* * * * * * * 

SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION. 

(a) IN GENERAL.—Except as provided in subsection (b), in no 

case may the Attorney General, or any other official or employee 

of the Department of Justice ø(including any bureau or agency of 

such Department)¿, or the Secretary of Homeland Security, the Secretary of State, the Secretary of Health and Human Services, or the 

Secretary of Labor or any other official or employee of the Department of Homeland Security, the Department of State, the DepartVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00286 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
283 

ment of Health and Human Services, or the Department of Labor 

(including any bureau or agency of any such Department)— (1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality 

Act using information øfurnished solely by¿ furnished by or derived from information provided solely by— (A) * * * 

* * * * * * * 

(D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered 

the alien’s child or subjected the alien’s child to extreme 

cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, øor¿ 

(E) in the case of an alien applying for status under 

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

Act, the perpetrator of the substantial physical or mental 

abuse and the criminal activity, or 

(F) in the case of an alien applying for continued presence as a victim of trafficking under section 

107(b)(1)(E)(i)(II)(bb) of the Trafficking Protection Act of 

2000 or status under section 101(a)(15)(T) of the Immigration and Nationality Act, the trafficker or perpetrator, 

unless the alien has been convicted of a crime or crimes listed 

in section 241(a)(2) of the Immigration and Nationality Act; 

øor¿ 

(2) permit use by or disclosure to anyone (other than a 

sworn officer or employee øof the Department,¿ of any such Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information which 

relates to an alien who is the beneficiary of an application for 

relief øunder clause (iii) or (iv) of section 204(a)(1)(A), clause 

(ii) or (iii) of section 204(a)(1)(B)¿ as a VAWA petitioner (as defined in section 101(a)(51) of the Immigration and Nationality 

Act), or under, section 216(c)(4)(C), section 101(a)(15)(U), øor 

section 244(a)(3) of such Act as an alien (or the parent of a 

child) who has been battered or subjected to extreme cruelty.¿ 

section 101(a)(15)(T), section 214(c)(15), or section 240A(b)(2) of 

such Act, or section 244(a)(3) of such Act (as in effect on March 

31, 1997), or for continued presence as a victim of trafficking 

under section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Protection 

Act of 2000, or any derivative of the alien; or 

(3) in the case of an alien described in section 101(a)(27)(J) 

of the Immigration and Nationality Act who has been abused, 

neglected, or abandoned, 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 clause 

(iii)(I) of such section. 

The limitation under paragraph (2) ends when the application for 

relief is denied and all opportunities for appeal of the denial have 

been exhausted. 

(b) EXCEPTIONS.— (1) øThe Attorney General may provide, in the Attorney 

General’s discretion¿ The Attorney General, Secretary of HomeVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00287 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233
284 

land Security, Secretary of State, Secretary of Health and 

Human Services, and Secretary of Labor may provide, in each’s 

discretion, for the disclosure of information in the same manner and circumstances as census information may be disclosed 

by the Secretary of Commerce under section 8 of title 13, 

United States Code. 

(2) øThe Attorney General may provide in the discretion of 

the Attorney General¿ The Attorney General, Secretary of 

Homeland Security, Secretary of State, Secretary of Health and 

Human Services, and the Secretary of Labor may provide, in 

each’s discretion for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose. 

* * * * * * * 

(5) The Attorney General øis authorized to disclose¿, Secretary of Homeland Security, Secretary of State, Secretary of 

Health and Human Services, and Secretary of Labor, or Attorney General may disclose information, to Federal, State, and 

local public and private agencies providing benefits, to be used 

solely in making determinations of eligibility for benefits pursuant to section 431(c) of the Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996. 

(6) Subsection (a) shall not apply to prevent the Attorney 

General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Judiciary 

Committees of the House of Representatives and of the Senate 

in 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). 

(c) PENALTIES FOR VIOLATIONS.—Anyone who willfully uses, 

publishes, or permits information to be disclosed in violation of this 

section or who knowingly makes a false certification under section 

239(e) of the Immigration and Nationality Act shall be subject to 

appropriate disciplinary action and subject to a civil money penalty 

of not more than $5,000 for each such violation. The Office of Professional Responsibility in the Department of Justice shall be responsible for carrying out enforcement under the previous sentence. 

* * * * * * * 

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, JULY 27, 2005 

HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC. 

The Committee met, pursuant to notice, at 10:38 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding. 

[Intervening business.] 

285 

Chairman SENSENBRENNER. Pursuant to notice, I now call up the 

bill H.R. 3402, the ‘‘Department of Justice Appropriations Authorization Act’’ for fiscal years 2006 through 2009 for purposes of 

markup and move its favorable recommendation to the House. 

Without objection, the bill will be considered as read and open 

for amendment at any point. 

[The bill, H.R. 3402, follows:] 

286 

1

I

109TH CONGRESS

1ST SESSION H. R. 3402

To authorize appropriations for the Department of Justice for fiscal years

2006 through 2009, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 22, 2005

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

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

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

A BILL

To authorize appropriations for the Department of Justice

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Department of Justice Appropriations Authorization Act,

6 Fiscal Years 2006 through 2009’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORIZATION OF APPROPRIATIONS


I3402.AAB
287 

2

•HR 3402 IH

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

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

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

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

TITLE II—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT

PROGRAMS

Subtitle A—Assisting Law Enforcement and Criminal Justice Agencies

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

Grant program.

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

year to receive Public Safety Officer Medal of Valor.

Sec. 203. Congressional medal and plaque for public safety officers who responded to the attacks on the United States on September 11,

2001.

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

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

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

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

vests.

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

Crime

Sec. 211. Office of Weed and Seed Strategies.

Subtitle C—Assisting Victims of Crime

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

to victims of crime.

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

Victims Fund.

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

for training purposes.

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

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

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

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

Rural Domestic Violence and Child Abuse Enforcement Assistance program.

Subtitle D—Preventing Crime

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

drug courts.

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

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

courts that supervise non-offenders with substance abuse problems.

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

facilities.


I3402.AAC
288 

3

•HR 3402 IH

Subtitle E—Other Matters

Sec. 241. Changes to certain financial authorities.

Sec. 242. Coordination duties of Assistant Attorney General.

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

laws.

Sec. 244. Repeal of certain programs.

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

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

Safe Streets Act of 1968.

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

health care items and services.

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

Sec. 249. Community Capacity Development Office.

Sec. 250. Office of Applied Law Enforcement Technology.

Sec. 251. Availability of funds for grants.

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

Programs.

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

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

Sec. 255. Research-based bullying prevention programs.

Sec. 256. Reauthorization of juvenile accountability block grants.

Sec. 257. Sex offender management.

TITLE III—MISCELLANEOUS PROVISIONS

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

Sec. 302. Miscellaneous technical amendments.

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

Sec. 304. Use of Federal training facilities.

Sec. 305. Privacy officer.

Sec. 306. Bankruptcy crimes.

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

detained on suspicion of terrorism.

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

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

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

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

Sec. 312. Technical corrections relating to steroids.

Sec. 313. Prison Rape Commission extension.

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

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

Sec. 316. SEARCH grants.

TITLE IV—VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT

OF 2005

Sec. 401. Short title.

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

against women.


I3402.AAD
289 

4

•HR 3402 IH

TITLE V—ENHANCING JUDICIAL AND LAW ENFORCEMENT

TOOLS TO COMBAT VIOLENCE

Sec. 501. STOP grants improvements.

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

Sec. 503. Legal assistance for victims improvements.

Sec. 504. Court training and improvements.

Sec. 505. Full faith and credit improvements.

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

sexual violence, and stalking.

Sec. 507. Stalker database.

Sec. 508. Victim assistants for District of Columbia.

Sec. 509. Preventing cyberstalking.

Sec. 510. Repeat offender provision.

Sec. 511. Prohibiting dating violence.

Sec. 512. GAO study and report.

TITLE VI—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

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

Sec. 602. Sexual assault services program.

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

Sec. 604. Assistance for victims of abuse.

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

Sec. 606. Grants for outreach to underserved populations.

TITLE VII—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG

VICTIMS OF VIOLENCE

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

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

Sec. 703. Safe havens.

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

and stalking in middle and high schools.

TITLE VIII—STRENGTHENING AMERICA’S FAMILIES BY

PREVENTING VIOLENCE IN THE HOME

Sec. 801. Preventing violence in the home.

TITLE IX—PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

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

Subtitle A—Victims of Crime

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

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

permanent residence.

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

Subtitle B—VAWA Petitioners

Sec. 911. Definition of VAWA petitioner.

Sec. 912. Self-petitioning for children.


I3402.AAE
290 

5

•HR 3402 IH

Sec. 913. Self-petitioning parents.

Sec. 914. Promoting consistency in VAWA adjudications.

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

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

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

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

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

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

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

based on protected information.

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

immigrant victims of domestic violence.

Sec. 923. Authorization of appropriations.

Subtitle C—Miscellaneous Provisions

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

adopted children.

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

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

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

intended spouses.

Sec. 935. Cancellation of removal.

Sec. 936. Motions to reopen.

Sec. 937. Removal proceedings.

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

available in VAWA–2000 cancellation for bigamy.

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

Sec. 940. Technical corrections.

TITLE X—SAFETY ON TRIBAL LANDS

Sec. 1001. Purposes.

Sec. 1002. Consultation.

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

Sec. 1004. Tracking of violence on tribal lands.

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

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

and domestic violence on tribal lands.


I3402.AAF
291 

6

•HR 3402 IH

1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

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

5 There are authorized to be appropriated for fiscal

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

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

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

10 (1) GENERAL ADMINISTRATION.—For General

11 Administration: $161,407,000.

12 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

13 For Administrative Review and Appeals:

14 $216,286,000 for administration of pardon and

15 clemency petitions and for immigration-related ac16 tivities.

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

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

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

21 (4) GENERAL LEGAL ACTIVITIES.—For General

22 Legal Activities: $679,661,000, which shall

23 include—

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


I3402.AAG
292 

7

•HR 3402 IH

1 deportation cases involving alleged Nazi war

2 criminals;

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

5 17 of the United States Code; and

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

8 (5) ANTITRUST DIVISION.—For the Antitrust

9 Division: $144,451,000.

10 (6) UNITED STATES ATTORNEYS.—For United

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

12 (7) FEDERAL BUREAU OF INVESTIGATION.—

13 For the Federal Bureau of Investigation:

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

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

17 (8) UNITED STATES MARSHALS SERVICE.—For

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

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

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

22 (10) DRUG ENFORCEMENT ADMINISTRATION.—

23 For the Drug Enforcement Administration:

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


I3402.AAH
293 

8

•HR 3402 IH

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

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

6 $923,613,000.

7 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

10 construction of protected witness safesites.

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

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

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

18 used under authorities available to the organizations

19 reimbursed from such funds.

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

23 (15) COMMUNITY RELATIONS SERVICE.— For

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


I3402.AAI
294 

9

•HR 3402 IH

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

4 Code.

5 (17) UNITED STATES PAROLE COMMISSION.—

6 For the United States Parole Commission:

7 $11,300,000.

8 (18) FEDERAL DETENTION TRUSTEE.—For the

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

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

13 sharing technology, including planning, development,

14 and deployment: $181,490,000.

15 (20) NARROW BAND COMMUNICATIONS.—For

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

19 $128,701,000.

20 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

21 ACTIVITIES.—For the administrative expenses of the

22 Office of Justice Programs, the Office on Violence

23 Against Women, and Office of Community Oriented

24 Policing Services:


I3402.AAJ
295 

10

•HR 3402 IH

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

2 Programs.

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

4 Against Women.

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

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

9 There are authorized to be appropriated for fiscal

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

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

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

14 (1) GENERAL ADMINISTRATION.—For General

15 Administration: $167,863,000.

16 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

17 For Administrative Review and Appeals:

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

19 clemency petitions and for immigration-related ac20 tivities.

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

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

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


I3402.AAK
296 

11

•HR 3402 IH

1 (4) GENERAL LEGAL ACTIVITIES.—For General

2 Legal Activities: $706,847,000, which shall

3 include—

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

6 deportation cases involving alleged Nazi war

7 criminals;

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

10 17 of the United States Code; and

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

13 (5) ANTITRUST DIVISION.—For the Antitrust

14 Division: $150,229,000.

15 (6) UNITED STATES ATTORNEYS.—For United

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

17 (7) FEDERAL BUREAU OF INVESTIGATION.—

18 For the Federal Bureau of Investigation:

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

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

22 (8) UNITED STATES MARSHALS SERVICE.—For

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


I3402.AAL
297 

12

•HR 3402 IH

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

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

4 (10) DRUG ENFORCEMENT ADMINISTRATION.—

5 For the Drug Enforcement Administration:

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

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

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

12 $960,558,000.

13 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

16 construction of protected witness safesites.

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

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

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

24 used under authorities available to the organizations

25 reimbursed from such funds.


I3402.AAM
298 

13

•HR 3402 IH

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

4 (15) COMMUNITY RELATIONS SERVICE.—For

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

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

9 Code.

10 (17) UNITED STATES PAROLE COMMISSION.—

11 For the United States Parole Commission:

12 $11,752,000.

13 (18) FEDERAL DETENTION TRUSTEE.—For the

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

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

18 sharing technology, including planning, development,

19 and deployment: $188,750,000.

20 (20) NARROWBAND COMMUNICATIONS.—For

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

24 $133,849,000.


I3402.AAN
299 

14

•HR 3402 IH

1 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

2 ACTIVITIES.—For the administrative expenses of the

3 Office of Justice Programs, the Office on Violence

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

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

7 Programs.

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

9 Against Women.

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

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

14 There are authorized to be appropriated for fiscal

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

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

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

19 (1) GENERAL ADMINISTRATION.—For General

20 Administration: $174,578,000.

21 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

22 For Administrative Review and Appeals:

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

24 clemency petitions and for immigration-related ac25 tivities.


I3402.AAO
300 

15

•HR 3402 IH

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

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

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

5 (4) GENERAL LEGAL ACTIVITIES.—For General

6 Legal Activities: $735,121,000, which shall

7 include—

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

10 deportation cases involving alleged Nazi war

11 criminals;

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

14 17 of the United States Code; and

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

17 (5) ANTITRUST DIVISION.—For the Antitrust

18 Division: $156,238,000.

19 (6) UNITED STATES ATTORNEYS.—For United

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

21 (7) FEDERAL BUREAU OF INVESTIGATION.—

22 For the Federal Bureau of Investigation:

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

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


I3402.AAP
301 

16

•HR 3402 IH

1 (8) UNITED STATES MARSHALS SERVICE.—For

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

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

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

6 (10) DRUG ENFORCEMENT ADMINISTRATION.—

7 For the Drug Enforcement Administration:

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

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

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

14 $998,980,000.

15 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

18 construction of protected witness safesites.

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

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

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


I3402.AAQ
302 

17

•HR 3402 IH

1 used under authorities available to the organizations

2 reimbursed from such funds.

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

6 (15) COMMUNITY RELATIONS SERVICE.—For

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

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

11 Code.

12 (17) UNITED STATES PAROLE COMMISSION.—

13 For the United States Parole Commission:

14 $12,222,000.

15 (18) FEDERAL DETENTION TRUSTEE.—For the

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

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

20 sharing technology, including planning, development,

21 and deployment: $196,300,000.

22 (20) NARROWBAND COMMUNICATIONS.—For

23 the costs of conversion to narrowband communica24 tions, including the cost for operation and mainteVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00306 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AAR
303 

18

•HR 3402 IH

1 nance of Land Mobile Radio legacy systems:

2 $139,203,000.

3 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

4 ACTIVITIES.—For the administrative expenses of the

5 Office of Justice Programs, the Office on Violence

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

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

9 Programs.

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

11 Against Women.

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

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

16 There are authorized to be appropriated for fiscal

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

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

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

21 (1) GENERAL ADMINISTRATION.—For General

22 Administration: $181,561,000.

23 (2) ADMINISTRATIVE REVIEW AND APPEALS.—

24 For Administrative Review and Appeals:

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


I3402.AAS
304 

19

•HR 3402 IH

1 clemency petitions and for immigration-related ac2 tivities.

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

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

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

7 (4) GENERAL LEGAL ACTIVITIES.—For General

8 Legal Activities: $764,526,000, which shall

9 include—

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

12 deportation cases involving alleged Nazi war

13 criminals;

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

16 17 of the United States Code; and

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

19 (5) ANTITRUST DIVISION.—For the Antitrust

20 Division: $162,488,000.

21 (6) UNITED STATES ATTORNEYS.—For United

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

23 (7) FEDERAL BUREAU OF INVESTIGATION.—

24 For the Federal Bureau of Investigation:

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


I3402.AAT
305 

20

•HR 3402 IH

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

3 (8) UNITED STATES MARSHALS SERVICE.—For

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

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

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

8 (10) DRUG ENFORCEMENT ADMINISTRATION.—

9 For the Drug Enforcement Administration:

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

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

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

16 $1,038,939,000.

17 (12) FEES AND EXPENSES OF WITNESSES.—

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

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

20 construction of protected witness safesites.

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

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


I3402.AAU
306 

21

•HR 3402 IH

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

3 used under authorities available to the organizations

4 reimbursed from such funds.

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

8 (15) COMMUNITY RELATIONS SERVICE.—For

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

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

13 Code.

14 (17) UNITED STATES PAROLE COMMISSION.—

15 For the United States Parole Commission:

16 $12,711,000.

17 (18) FEDERAL DETENTION TRUSTEE.—For the

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

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

22 sharing technology, including planning, development,

23 and deployment: $204,152,000.

24 (20) NARROWBAND COMMUNICATIONS.—For

25 the costs of conversion to narrowband communicaVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00310 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AAV
307 

22

•HR 3402 IH

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

3 $144,771,000.

4 (21) ADMINISTRATIVE EXPENSES FOR CERTAIN

5 ACTIVITIES.—For the administrative expenses of the

6 Office of Justice Programs, the Office on Violence

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

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

10 Programs.

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

12 Against Women.

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


I3402.AAW
308 

23

•HR 3402 IH

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

3 GRANT PROGRAMS

4 Subtitle A—Assisting Law Enforce5 ment and Criminal Justice

6 Agencies

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

8 LAW ENFORCEMENT BLOCK GRANT PRO9 GRAM.

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

11 Crime Control and Safe Streets Act of 1968 is amended

12 as follows:

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

14 3759) is repealed.

15 (2) Such part is further amended—

16 (A) by inserting before section 500 (42

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

18 ‘‘Subpart 1—Edward Byrne Memorial Justice

19 Assistance Grant Program’’;

20 (B) by amending section 500 to read as

21 follows:

22 ‘‘SEC. 500. NAME OF PROGRAM.

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

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

25 Memorial Justice Assistance Grant Program’.


I3402.AAX
309 

24

•HR 3402 IH

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

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

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

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

7 to the grant program referred to in subsection (a).’’; and

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

10 ‘‘SEC. 501. DESCRIPTION.

11 ‘‘(a) GRANTS AUTHORIZED.—

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

14 may, in accordance with the formula established

15 under section 505, make grants to States and units

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

17 local government to provide additional personnel,

18 equipment, supplies, contractual support, training,

19 technical assistance, and information systems for

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

21 following programs:

22 ‘‘(A) Law enforcement programs.

23 ‘‘(B) Prosecution and court programs.

24 ‘‘(C) Prevention and education programs.


I3402.AAY
310 

25

•HR 3402 IH

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

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

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

6 improvement programs.

7 ‘‘(G) Crime victim and witness programs

8 (other than compensation).

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

10 shall be construed to ensure that a grant under that

11 paragraph may be used for any purpose for which

12 a grant was authorized to be used under either or

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

14 those programs were in effect immediately before the

15 enactment of this paragraph.

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

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

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

20 more subawards to one or more—

21 ‘‘(1) neighborhood or community-based organi22 zations that are private and nonprofit;

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

24 ‘‘(3) tribal governments.


I3402.AAZ
311 

26

•HR 3402 IH

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

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

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

7 Institute of Justice.

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

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

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

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

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

16 of the following matters:

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

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

21 extraordinary and exigent circumstances exist that

22 make the use of such funds to provide such matters

23 essential to the maintenance of public safety and

24 good order—

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


I3402.ABA
312 

27

•HR 3402 IH

1 ‘‘(B) luxury items;

2 ‘‘(C) real estate;

3 ‘‘(D) construction projects (other than

4 penal or correctional institutions); or

5 ‘‘(E) any similar matters.

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

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

8 for costs incurred to administer such grant.

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

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

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

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

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

19 ‘‘SEC. 502. APPLICATIONS.

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

22 submit an application to the Attorney General within 90

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


I3402.ABB
313 

28

•HR 3402 IH

1 the Attorney General may require. Such application shall

2 include the following:

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

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

7 absence of Federal funds, be made available for law

8 enforcement activities.

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

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

12 the application (or amendment) was submitted for

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

14 local government (or to an organization designated

15 by that governing body).

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

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

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

20 made public; and

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

22 application (or amendment) was provided to

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


I3402.ABC
314 

29

•HR 3402 IH

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

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

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

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

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

9 to the Attorney General and executed by the chief

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

12 promulgated by the Attorney General), that—

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

14 grant meet all the requirements of this subpart;

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

16 application is correct;

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

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

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

22 ‘‘SEC. 503. REVIEW OF APPLICATIONS.

23 ‘‘The Attorney General shall not finally disapprove

24 any application (or any amendment to that application)

25 submitted under this subpart without first affording the


I3402.ABD
315 

30

•HR 3402 IH

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

3 ‘‘SEC. 504. RULES.

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

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

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

7 made available to carry out this subpart.

8 ‘‘SEC. 505. FORMULA.

9 ‘‘(a) ALLOCATION AMONG STATES.—

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

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

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

14 to each State in amounts that bear the same

15 ratio of—

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

17 to—

18 ‘‘(ii) the total population of the

19 United States; and

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

21 to each State in amounts that bear the same

22 ratio of—

23 ‘‘(i) the average annual number of

24 part 1 violent crimes of the Uniform Crime

25 Reports of the Federal Bureau of InvesVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00319 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ABE
316 

31

•HR 3402 IH

1 tigation reported by such State for the

2 three most recent years reported by such

3 State to—

4 ‘‘(ii) the average annual number of

5 such crimes reported by all States for such

6 years.

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

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

9 allocation less than 0.25 percent of the total amount

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

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

13 instead—

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

15 amount to each State; and

16 ‘‘(B) using the amount remaining after

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

20 of and the crimes reported by such State.

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

22 LOCAL GOVERNMENT.—Of the amounts allocated under

23 subsection (a)—

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

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


I3402.ABF
317 

32

•HR 3402 IH

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

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

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

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

6 the purposes described in section 501 an amount

7 that bears the same ratio of—

8 ‘‘(A) total expenditures on criminal justice

9 by the State government in the most recently

10 completed fiscal year to—

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

13 government within the State in such year.

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

16 after the allocation required by paragraph (1) shall

17 be made available to units of local government by

18 the State for the purposes described in section 501.

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

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

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

23 of local government within each State in accordance

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

25 ‘‘(2) ALLOCATION.—


I3402.ABG
318 

33

•HR 3402 IH

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

3 State (in this subsection referred to as the

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

6 amount which bears the same ratio to such

7 share as the average annual number of part 1

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

12 crimes reported by all units of local government

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

14 Federal Bureau of Investigation for such years.

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

17 2006, 2007, and 2008, the Attorney General

18 shall allocate the local amount to units of local

19 government in the same manner that, under the

20 Local Government Law Enforcement Block

21 Grants program in effect immediately before

22 the date of the enactment of this section, the

23 reserved amount was allocated among reporting

24 and nonreporting units of local government.


I3402.ABH
319 

34

•HR 3402 IH

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

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

5 section, the Attorney General shall pay the amount

6 that would have been allocated to such unit of local

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

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

11 this subpart, if—

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

13 unit of local government bears more than 50

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

16 crimes reported by a specified geographically

17 constituent unit of local government; and

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

19 funds allocated under this section to—

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

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


I3402.ABI
320 

35

•HR 3402 IH

1 ‘‘(II) more than one such specified

2 geographically constituent unit of local

3 government exceeds 400 percent of the

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

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

9 geographically constituent units of local government

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

11 General a joint application for the aggregate of

12 funds allocated to such units of local government.

13 Such application shall specify the amount of such

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

15 of local government and the purposes for which such

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

17 involved may establish a joint local advisory board

18 for the purposes of carrying out this paragraph.

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

21 unit of local government that has jurisdiction over

22 areas located within the boundaries of an area over

23 which a unit of local government certified pursuant

24 to clause (i) has jurisdiction.


I3402.ABJ
321 

36

•HR 3402 IH

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

2 LOCAL GOVERNMENT.—

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

4 government shall receive a total allocation under this

5 section that exceeds such unit’s total expenditures

6 on criminal justice services for the most recently

7 completed fiscal year for which data are available.

8 Any amount in excess of such total expenditures

9 shall be allocated proportionally among units of local

10 government whose allocations under this section do

11 not exceed their total expenditures on such services.

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

16 increased by the amount of such allocation, to be

17 distributed (for the purposes described in section

18 501) among State police departments that provide

19 criminal justice services to units of local government

20 and units of local government whose allocation under

21 this section is less than $10,000.

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

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

24 government that has not reported at least three

25 years of data on part 1 violent crimes of the UniVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00325 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ABK
322 

37

•HR 3402 IH

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

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

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

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

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

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

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

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

13 within such State, giving priority to those jurisdictions

14 with the highest annual number of part 1 violent crimes

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

16 government to the Federal Bureau of Investigation for the

17 three most recent calendar years for which such data are

18 available.

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

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

22 provision of this subpart, the amounts allocated

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

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


I3402.ABL
323 

38

•HR 3402 IH

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

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

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

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

6 means a district attorney or a parish sheriff.

7 ‘‘SEC. 506. RESERVED FUNDS.

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

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

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

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

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

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

20 to develop and implement antiterrorism training pro21 grams.

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

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

24 local government shall establish a trust fund in which to

25 deposit amounts received under this subpart.


I3402.ABM
324 

39

•HR 3402 IH

1 ‘‘(b) EXPENDITURES.—

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

3 under this subpart (including interest on such

4 amount) shall be expended before the date on which

5 the grant period expires.

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

7 government that fails to expend an entire amount

8 (including interest on such amount) as required by

9 paragraph (1) shall repay the unexpended portion to

10 the Attorney General not later than 3 months after

11 the date on which the grant period expires.

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

13 State or unit of local government fails to comply

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

15 shall reduce amounts to be provided to that State or

16 unit of local government accordingly.

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

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

20 repaid. Such amounts shall be deposited in the Treasury

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

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


I3402.ABN
325 

40

•HR 3402 IH

1 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

5 through 2009.’’.

6 (b) REPEALS OF CERTAIN AUTHORITIES RELATING

7 TO BYRNE GRANTS.—

8 (1) DISCRETIONARY GRANTS TO PUBLIC AND

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

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

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

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

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

17 (c) CONFORMING AMENDMENTS.—

18 (1) CRIME IDENTIFICATION TECHNOLOGY

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

20 Crime Identification Technology Act of 1998 (42

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

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

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

25 program’’.


I3402.ABO
326 

41

•HR 3402 IH

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

3 amended—

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

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

7 section 515’’;

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

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

10 ‘‘the program evaluations as required by

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

12 ‘‘program evaluations’’;

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

14 ‘‘evaluations of programs funded under

15 section 506 (formula grants) and sections

16 511 and 515 (discretionary grants) of this

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

19 grants) and section 515 (discretionary

20 grants) of this part’’; and

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

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


I3402.ABP
327 

42

•HR 3402 IH

1 funded under section 505 (formula

2 grants)’’;

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

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

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

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

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

10 the State strategy submitted under section

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

12 impact of such activities on meeting the

13 purposes of subpart 1’’;

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

15 in the matter following paragraph (5)—

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

18 purposes of such subpart 1’’; and

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

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

23 title’’;

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

25 striking ‘‘the State office described in section


I3402.ABQ
328 

43

•HR 3402 IH

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

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

4 1408,’’;

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

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

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

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

10 1)—

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

13 505(a)’’;

14 (ii) in paragraph (2)—

15 (I) by striking ‘‘section 503(a)’’

16 and inserting ‘‘section 502’’; and

17 (II) by striking ‘‘section 506’’

18 and inserting ‘‘section 505’’;

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

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

23 required by section 507’’;

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

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


I3402.ABR
329 

44

•HR 3402 IH

1 consideration of the statewide strategy under

2 section 503(a)(1)’’; and

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

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

6 office responsible for the trust fund required by

7 section 507’’.

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

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

11 each fiscal year thereafter.

12 SEC. 202. CLARIFICATION OF NUMBER OF RECIPIENTS

13 WHO MAY BE SELECTED IN A GIVEN YEAR TO

14 RECEIVE PUBLIC SAFETY OFFICER MEDAL

15 OF VALOR.

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

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

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

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

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

22 THE ATTACKS ON THE UNITED STATES ON

23 SEPTEMBER 11, 2001.

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


I3402.ABS
330 

45

•HR 3402 IH

1 (1) to commemorate the sacrifices made and

2 service rendered to the United States by those public

3 safety officers who responded to the attacks on the

4 United States on September 11, 2001; and

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

6 third anniversary of those attacks.

7 (b) PRESENTATION AUTHORIZED.—

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

9 Representatives and the President pro tempore of

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

12 (A) to individuals certified by the Attorney

13 General pursuant to subsection (e), a bronze

medal 11 14 ⁄2 inches in diameter commemorating

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

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

19 plaque commemorating the service to the

20 United States of the officers, employees, or

21 agents of those agencies.

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

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


I3402.ABT
331 

46

•HR 3402 IH

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

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

4 of kin of any such individual.

5 (c) DESIGN AND STRIKING.—

6 (1) CONSULTATION.—The Attorney General

7 shall consult with the Institute of Heraldry of the

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

10 section. The Attorney General may also consider

11 suggestions received by the Department of Justice

12 regarding the design and artistry of the medal and

13 the plaque, including suggestions made by persons

14 not employed by the Department of Justice.

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

17 such plaques as may be required to carry out this

18 section.

19 (d) ELIGIBILITY REQUIREMENTS.—

20 (1) INDIVIDUALS.—

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

22 presented the medal referred to in subsection

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


I3402.ABU
332 

47

•HR 3402 IH

1 Safety Officer Medal of Valor Act of 2001 (42

2 U.S.C. 15204))—

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

5 2001;

6 (ii) who participated in the response

7 that day to the terrorist attacks on the

8 World Trade Center, the terrorist attack

9 on the Pentagon, or the terrorist attack

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

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

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

17 deemed, for purposes of that subparagraph, to

18 have participated in the response.

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

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

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

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

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


I3402.ABV
333 

48

•HR 3402 IH

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

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

5 documentation as the Attorney General may require

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

8 kin. The Attorney General shall determine, through

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

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

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

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

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

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

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

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


I3402.ABW
334 

49

•HR 3402 IH

1 SEC. 204. CLARIFICATION OF OFFICIAL TO BE CONSULTED

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

4 ENFORCEMENT ASSISTANCE.

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

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

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

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

9 Programs’’.

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

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

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

14 recently amended by section 701 of the USA PATRIOT

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

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

17 before ‘‘information sharing systems’’;

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

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

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

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

25 (4).


I3402.ABX
335 

50

•HR 3402 IH

1 SEC. 206. INTEGRITY AND ENHANCEMENT OF NATIONAL

2 CRIMINAL RECORD DATABASES.

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

5 U.S.C. 3732) is amended—

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

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

9 and statistics and shall protect against improper or

10 illegal use or disclosure.’’;

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

12 (c) to read as follows:

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

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

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

18 records including the National Criminal History

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

22 participation in national records and information

23 systems, and support statistical research for critical

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

26 (3) in subsection (d)—


I3402.ABY
336 

51

•HR 3402 IH

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

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

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

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

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

8 this part, including by entering into cooperative data

9 sharing agreements in conformity with all laws and

10 regulations applicable to the disclosure and use of

11 data.’’.

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

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

15 (c) CONFIDENTIALITY OF INFORMATION.—Section

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

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

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

19 SEC. 207. EXTENSION OF MATCHING GRANT PROGRAM FOR

20 LAW ENFORCEMENT ARMOR VESTS.

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

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

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

24 ‘‘2009’’.


I3402.ABZ
337 

52

•HR 3402 IH

1 Subtitle B—Building Community

2 Capacity to Prevent, Reduce,

3 and Control Crime

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

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

6 Crime Control and Safe Streets Act of 1968 is amended

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

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

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

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

12 by a Director appointed by the Attorney General.

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

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

16 strategies, as provided in section 104.

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

18 is authorized to be appropriated to carry out this section

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

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

21 2009, to remain available until expended.

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

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

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

25 and Seed Strategies may implement strategies, to be


I3402.ACA
338 

53

•HR 3402 IH

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

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

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

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

7 Weeding activities, which shall include promoting

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

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

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

14 in that community.

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

16 Seeding activities, which shall include promoting and

17 coordinating a broad spectrum of community efforts

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

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

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


I3402.ACB
339 

54

•HR 3402 IH

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

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

5 referred to in subsection (a) shall—

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

7 under the auspices of a steering committee, properly

8 established in the community, comprised of—

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

10 of—

11 ‘‘(i) appropriate law enforcement

12 agencies; and

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

14 and neighborhood and community-based

15 organizations, interested in criminal justice

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

18 ‘‘(B) in a voting capacity, both—

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

22 and

23 ‘‘(ii) the United States Attorney for

24 the District encompassing the community;


I3402.ACC
340 

55

•HR 3402 IH

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

2 other public and private agencies, neighborhood and

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

5 and

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

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

12 subsection (a)—

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

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

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

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

21 committee has a high probability of improving

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

24 the Director; and


I3402.ACD
341 

56

•HR 3402 IH

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

2 implementing the strategy appropriately; and

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

4 timely and effective plan to independently sustain

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

6 best practices of the strategy) when assistance under

7 this section is no longer available.

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

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

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

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

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

15 includes—

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

17 States Attorney for the District encompassing

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

21 Federal law enforcement agencies operating in

22 the vicinity;

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


I3402.ACE
342 

57

•HR 3402 IH

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

3 programs and initiatives; and

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

5 specific objective indicia of performance to be used

6 to evaluate the effectiveness of the strategy.

7 ‘‘(e) GRANTS.—

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

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

10 may make grants to that community.

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

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

14 the grant amounts for Seeding activities under

15 subsection (a)(2); and

16 ‘‘(B) may not use any of the grant

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

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

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

23 such a community)—

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

25 years;


I3402.ACF
343 

58

•HR 3402 IH

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

2 except that the Assistant Attorney General

3 may, in single increments and only upon a

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

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

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

9 General may, upon a showing of extraordinary

10 circumstances, authorize grants for not more

11 than an additional $500,000.

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

13 this subsection, the Director shall ensure that—

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

16 and includes both urban and rural areas of

17 varying population and area; and

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

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

21 a manner that addresses the overall needs of

22 such communities.

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

25 this subsection may not exceed 75 percent of the


I3402.ACG
344 

59

•HR 3402 IH

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

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

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

5 and

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

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

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

13 must provide assurances that the amounts received

14 under the grant shall be used to supplement, not

15 supplant, non-Federal funds that would otherwise be

16 available for programs or services provided in the

17 community.’’.

18 (b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED

19 AND SEED; TRANSFERS OF FUNCTIONS.—

20 (1) ABOLISHMENT.—The Executive Office of

21 Weed and Seed is abolished.

22 (2) TRANSFER.—There are hereby transferred

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


I3402.ACH
345 

60

•HR 3402 IH

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

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

5 date of the enactment of this Act.

6 Subtitle C—Assisting Victims of

7 Crime

8 SEC. 221. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS

9 TO IMPROVE OUTREACH SERVICES TO VIC10 TIMS OF CRIME.

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

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

14 56; 115 Stat. 372), is amended—

15 (1) in paragraph (1)—

16 (A) in the matter preceding subparagraph

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

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

19 ‘‘and’’ at the end;

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

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

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

23 subparagraph:

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


I3402.ACI
346 

61

•HR 3402 IH

1 to improve outreach and services to victims of

2 crime.’’;

3 (2) in paragraph (2)—

4 (A) in subparagraph (A)—

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

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

7 (1)(C)’’;

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

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

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

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

12 subparagraph:

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

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

15 SEC. 222. CLARIFICATION AND ENHANCEMENT OF CERTAIN

16 AUTHORITIES RELATING TO CRIME VICTIMS

17 FUND.

18 Section 1402 of the Victims of Crime Act of 1984

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

20 (1) AUTHORITY TO ACCEPT GIFTS.—Subsection

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

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


I3402.ACJ
347 

62

•HR 3402 IH

1 hereby authorized to accept any such gift, bequest,

2 or donation that—

3 ‘‘(A) attaches conditions inconsistent with

4 applicable laws or regulations; or

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

6 the expenditure of appropriated funds that are

7 not available to the Office for Victims of

8 Crime.’’.

9 (2) AUTHORITY TO REPLENISH ANTITERRORISM

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

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

12 inserting ‘‘obligated’’.

13 (3) AUTHORITY TO MAKE GRANTS TO INDIAN

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

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

17 through the Director,’’;

18 (B) by redesignating paragraph (2) as

19 paragraph (3); and

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

21 following new paragraph:

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

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


I3402.ACK
348 

63

•HR 3402 IH

1 SEC. 223. AMOUNTS RECEIVED UNDER CRIME VICTIM

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

4 (a) CRIME VICTIM COMPENSATION.—Section

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

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

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

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

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

12 SEC. 224. CLARIFICATION OF AUTHORITIES RELATING TO

13 VIOLENCE AGAINST WOMEN FORMULA AND

14 DISCRETIONARY GRANT PROGRAMS.

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

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

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

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

20 and strengthen victim services in cases involving violent

21 crimes against women’’.

22 (b) CLARIFICATION OF STATE GRANTS.—Section

23 2007 of the Omnibus Crime Control and Safe Streets Act

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

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

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


I3402.ACL
349 

64

•HR 3402 IH

1 (2) in subsection (b)—

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

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

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

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

7 and inserting ‘‘law enforcement’’; and

8 (4) in subsection (d)—

9 (A) in the second sentence, by inserting

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

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

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

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

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

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

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

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

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

22 General shall submit’’.

23 (d) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

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


I3402.ACM
350 

65

•HR 3402 IH

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

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

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

6 by any State or Indian tribal government that requires

7 victims of sexual assault to seek reimbursement for such

8 exams from their insurance carriers.

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

11 to participate in the criminal justice system or cooperate

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

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

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

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

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

18 read as follows:


I3402.ACN
351 

66

•HR 3402 IH

1 ‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES

2 AGAINST WOMEN’’.

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

5 TO ALSO ASSIST ENFORCEMENT OF SEXUAL

6 ASSAULT CASES.

7 (a) GRANTS TO ENCOURAGE DOMESTIC VIOLENCE

8 ARREST POLICIES.—Section 2101 of the Omnibus Crime

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

10 is amended—

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

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

15 (2) in subsection (b)—

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

17 striking ‘‘domestic violence and dating violence’’

18 and inserting ‘‘domestic violence, sexual assault,

19 and dating violence’’;

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

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

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


I3402.ACO
352 

67

•HR 3402 IH

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

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

4 given the term in section 2008; and

5 ‘‘(2) the term’’.

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

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

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

10 (c) RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

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

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

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

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

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

18 terms are defined in section 2008’’.

19 SEC. 226. CHANGE OF CERTAIN REPORTS FROM ANNUAL

20 TO BIENNIAL.

21 (a) STALKING AND DOMESTIC VIOLENCE.—Section

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

23 IV of the Violent Crime Control and Law Enforcement

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

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


I3402.ACP
353 

68

•HR 3402 IH

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

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

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

5 (b) SAFE HAVENS FOR CHILDREN.—Section

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

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

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

10 year commencing on or after the date of the enactment

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

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

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

14 fiscal year,’’.

15 SEC. 227. CLARIFICATION OF RECIPIENTS AND PROGRAMS

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

19 Section 40295 of the Violence Against Women Act

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

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

22 as follows:

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

24 paragraph (1), by striking ‘‘to States, Indian tribal

25 governments, and local governments of rural States,


I3402.ACQ
354 

69

•HR 3402 IH

1 and to other public or private entities of rural

2 States’’ and inserting ‘‘to States, Indian tribal gov3 ernments, local governments, and public or private

4 entities, for programs serving rural areas or rural

5 communities’’; and

6 (2) in subsection (b)—

7 (A) by inserting ‘‘(1) the term’’ before

8 ‘‘‘Indian tribe’ means’’;

9 (B) by striking ‘‘Indians.’’ and all that fol10 lows through the period at the end and insert11 ing ‘‘Indians; and

12 ‘‘(2) the terms ‘rural area’ and ‘rural commu13 nity’ have the meanings given those terms in section

14 491(k)(2) of the McKinney-Vento Homeless Assist15 ance Act (42 U.S.C. 11408(k)(2)).’’.

16 Subtitle D—Preventing Crime

17 SEC. 231. CLARIFICATION OF DEFINITION OF VIOLENT OF18 FENDER FOR PURPOSES OF JUVENILE DRUG

19 COURTS.

20 Section 2953(b) of the Omnibus Crime Control and

21 Safe Streets Act of 1968 (42 U.S.C. 3797u–2(b)) is

22 amended in the matter preceding paragraph (1) by strik23 ing ‘‘an offense that’’ and inserting ‘‘a felony-level offense

24 that’’.


I3402.ACR
355 

70

•HR 3402 IH

1 SEC. 232. CHANGES TO DISTRIBUTION AND ALLOCATION OF

2 GRANTS FOR DRUG COURTS.

3 (a) MINIMUM ALLOCATION REPEALED.—Section

4 2957 of such Act (42 U.S.C. 3797u–6) is amended by

5 striking subsection (b).

6 (b) TECHNICAL ASSISTANCE AND TRAINING.—Such

7 section is further amended by adding at the end the fol8 lowing new subsection:

9 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Un10 less one or more applications submitted by any State or

11 unit of local government within such State (other than an

12 Indian tribe) for a grant under this part has been funded

13 in any fiscal year, such State, together with eligible appli14 cants within such State, shall be provided targeted tech15 nical assistance and training by the Community Capacity

16 Development Office to assist such State and such eligible

17 applicants to successfully compete for future funding

18 under this part.’’.

19 SEC. 233. ELIGIBILITY FOR GRANTS UNDER DRUG COURT

20 GRANTS PROGRAM EXTENDED TO COURTS

21 THAT SUPERVISE NON-OFFENDERS WITH

22 SUBSTANCE ABUSE PROBLEMS.

23 Section 2951(a)(1) of such Act (42 U.S.C.

24 3797u(a)(1)) is amended by striking ‘ ‘offenders with sub25 stance abuse problems’’ and inserting ‘‘offenders, and


I3402.ACS
356 

71

•HR 3402 IH

1 other individuals under the jurisdiction of the court, with

2 substance abuse problems’’.

3 SEC. 234. TERM OF RESIDENTIAL SUBSTANCE ABUSE

4 TREATMENT PROGRAM FOR LOCAL FACILI5 TIES.

6 Section 1904 of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3796ff–3) is amended by

8 adding at the end the following new subsection:

9 ‘‘(d) DEFINITION.—In this section, the term ‘jail10 based substance abuse treatment program’ means a course

11 of individual and group activities, lasting for a period of

12 not less than 3 months, in an area of a correctional facility

13 set apart from the general population of the correctional

14 facility, if those activities are—

15 ‘‘(1) directed at the substance abuse problems

16 of the prisoners; and

17 ‘‘(2) intended to develop the cognitive, behav18 ioral, and other skills of prisoners in order to ad19 dress the substance abuse and related problems of

20 prisoners.’’.

21 Subtitle E—Other Matters

22 SEC. 241. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

23 (a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM

24 PAYING STATES INTEREST ON LATE DISBURSEMENTS

25 ALSO EXEMPTED FROM PAYING CHARGE TO TREASURY


I3402.ACT
357 

72

•HR 3402 IH

1 FOR UNTIMELY DISBURSEMENTS.—Section 204(f) of

2 such Act (116 Stat. 1776; 31 U.S.C. 6503 note) is

3 amended—

4 (1) by striking ‘‘section 6503(d)’’ and inserting

5 ‘‘sections 3335(b) or 6503(d)’’; and

6 (2) by striking ‘‘section 6503’’ and inserting

7 ‘‘sections 3335(b) or 6503’’.

8 (b) SOUTHWEST BORDER PROSECUTOR INITIATIVE

9 INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Sec10 tion 204(f) of such Act is further amended by striking

11 ‘‘pursuant to section 501(a)’’ and inserting ‘‘pursuant to

12 the Southwest Border Prosecutor Initiative (as carried out

13 pursuant to paragraph (3) (117 Stat. 64) under the head14 ing relating to Community Oriented Policing Services of

15 the Department of Justice Appropriations Act, 2003 (title

16 I of division B of Public Law 108–7), or as carried out

17 pursuant to any subsequent authority) or section 501(a)’’.

18 (c) FUNDS AVAILABLE FOR ATFE MAY BE USED

19 FOR AIRCRAFT, BOATS, AMMUNITION, FIREARMS, FIRE20 ARMS COMPETITIONS, AND ANY AUTHORIZED ACTIV21 ITY.—Section 530C(b) of title 28, United States Code, is

22 amended—

23 (1) in paragraph (2), in each of subparagraphs

24 (A) and (B), by inserting ‘‘for the Bureau of AlcoVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00361 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ACU
358 

73

•HR 3402 IH

1 hol, Tobacco, Firearms, and Explosives,’’ before ‘‘for

2 the Drug Enforcement Administration,’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(8) BUREAU OF ALCOHOL, TOBACCO, FIRE6 ARMS, AND EXPLOSIVES.—Funds available to the

7 Attorney General for the Bureau of Alcohol, To8 bacco, Firearms, and Explosives may be used for the

9 conduct of all its authorized activities.’’.

10 (d) AUDITS AND REPORTS ON ATFE UNDERCOVER

11 INVESTIGATIVE OPERATIONS.—Section 102(b) of the De12 partment of Justice and Related Agencies Appropriations

13 Act, 1993 (28 U.S.C. 533 note), as in effect pursuant to

14 section 815(d) of the Antiterrorism and Effective Death

15 Penalty Act of 1996 (28 U.S.C. 533 note) shall apply with

16 respect to the Bureau of Alcohol, Tobacco, Firearms, and

17 Explosives and the undercover investigative operations of

18 the Bureau on the same basis as such section applies with

19 respect to any other agency and the undercover investiga20 tive operations of such agency.

21 SEC. 242. COORDINATION DUTIES OF ASSISTANT ATTOR22 NEY GENERAL.

23 (a) COORDINATE AND SUPPORT OFFICE FOR VIC24 TIMS OF CRIME.—Section 102 of the Omnibus Crime Con25 trol and Safe Streets Act of 1968 (42 U.S.C. 3712) is


I3402.ACV
359 

74

•HR 3402 IH

1 amended in subsection (a)(5) by inserting after ‘‘the Bu2 reau of Justice Statistics,’’ the following: ‘‘the Office for

3 Victims of Crime,’’.

4 (b) SETTING GRANT CONDITIONS AND PRIOR5 ITIES.—Such section is further amended in subsection

6 (a)(6) by inserting ‘‘, including placing special conditions

7 on all grants, and determining priority purposes for for8 mula grants’’ before the period at the end.

9 SEC. 243. SIMPLIFICATION OF COMPLIANCE DEADLINES

10 UNDER SEX-OFFENDER REGISTRATION LAWS.

11 (a) COMPLIANCE PERIOD.—A State shall not be

12 treated, for purposes of any provision of law, as having

13 failed to comply with section 170101 (42 U.S.C. 14071)

14 or 170102 (42 U.S.C. 14072) of the Violent Crime Con15 trol and Law Enforcement Act of 1994 until 36 months

16 after the date of the enactment of this Act, except that

17 the Attorney General may grant an additional 24 months

18 to a State that is making good faith efforts to comply with

19 such sections.

20 (b) TIME FOR REGISTRATION OF CURRENT AD21 DRESS.—Subsection (a)(1)(B) of such section 170101 is

22 amended by striking ‘‘unless such requirement is termi23 nated under’’ and inserting ‘‘for the time period specified

24 in’’.


I3402.ACW
360 

75

•HR 3402 IH

1 SEC. 244. REPEAL OF CERTAIN PROGRAMS.

2 (a) SAFE STREETS ACT PROGRAMS.—The following

3 provisions of title I of the Omnibus Crime Control and

4 Safe Streets Act of 1968 are repealed:

5 (1) CRIMINAL JUSTICE FACILITY CONSTRUC6 TION PILOT PROGRAM.—Part F (42 U.S.C. 3769–

7 3769d).

8 (2) MATCHING GRANT PROGRAM FOR SCHOOL

9 SECURITY.—Part AA (42 U.S.C. 3797a–3797e).

10 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE11 MENT ACT PROGRAMS.—The following provisions of the

12 Violent Crime Control and Law Enforcement Act of 1994

13 are repealed:

14 (1) LOCAL CRIME PREVENTION BLOCK GRANT

15 PROGRAM.—Subtitle B of title III (42 U.S.C.

16 13751–13758).

17 (2) ASSISTANCE FOR DELINQUENT AND AT18 RISK YOUTH.—Subtitle G of title III (42 U.S.C.

19 13801–13802).

20 (3) IMPROVED TRAINING AND TECHNICAL AU21 TOMATION.—Subtitle E of title XXI (42 U.S.C.

22 14151).

23 (4) OTHER STATE AND LOCAL AID.—Subtitle F

24 of title XXI (42 U.S.C. 14161).


I3402.ACX
361 

76

•HR 3402 IH

1 SEC. 245. ELIMINATION OF CERTAIN NOTICE AND HEARING

2 REQUIREMENTS.

3 Part H of title I of the Omnibus Crime Control and

4 Safe Streets Act of 1968 is amended as follows:

5 (1) NOTICE AND HEARING ON DENIAL OR TER6 MINATION OF GRANT.—Section 802 (42 U.S.C.

7 3783) of such part is amended—

8 (A) by striking subsections (b) and (c);

9 and

10 (B) by striking ‘‘(a)’’ before ‘‘Whenever,’’.

11 (2) FINALITY OF DETERMINATIONS.—Section

12 803 (42 U.S.C. 3784) of such part is amended—

13 (A) by striking ‘‘, after reasonable notice

14 and opportunity for a hearing,’’; and

15 (B) by striking ‘‘, except as otherwise pro16 vided herein’’.

17 (3) REPEAL OF APPELLATE COURT REVIEW.—

18 Section 804 (42 U.S.C. 3785) of such part is re19 pealed.

20 SEC. 246. AMENDED DEFINITIONS FOR PURPOSES OF OMNI21 BUS CRIME CONTROL AND SAFE STREETS

22 ACT OF 1968.

23 Section 901 of title I of the Omnibus Crime Control

24 and Safe Streets Act of 1968 (42 U.S.C. 3791) is amend25 ed as follows:


I3402.ACY
362 

77

•HR 3402 IH

1 (1) INDIAN TRIBE.—Subsection (a)(3)(C) of

2 such section is amended by striking ‘‘(as that term

3 is defined in section 103 of the Juvenile Justice and

4 Delinquency Prevention Act of 1974 (42 U.S.C.

5 5603))’’.

6 (2) COMBINATION.—Subsection (a)(5) of such

7 section is amended by striking ‘‘program or project’’

8 and inserting ‘‘program, plan, or project’’.

9 (3) NEIGHBORHOOD OR COMMUNITY-BASED OR10 GANIZATIONS.—Subsection (a)(11) of such section is

11 amended by striking ‘‘which’’ and inserting ‘‘, in12 cluding faith-based, that’’.

13 (4) INDIAN TRIBE; PRIVATE PERSON.—Sub14 section (a) of such section is further amended—

15 (A) in paragraph (24) by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (25) by striking the pe18 riod at the end and inserting a semicolon; and

19 (C) by adding at the end the following new

20 paragraphs:

21 ‘‘(26) the term ‘Indian Tribe’ has the meaning

22 given the term ‘Indian tribe’ in section 4(e) of the

23 Indian Self-Determination and Education Assistance

24 Act (25 U.S.C. 450b(e)); and


I3402.ACZ
363 

78

•HR 3402 IH

1 ‘‘(27) the term ‘private person’ means any indi2 vidual (including an individual acting in his official

3 capacity) and any private partnership, corporation,

4 association, organization, or entity (or any combina5 tion thereof).’’.

6 SEC. 247. CLARIFICATION OF AUTHORITY TO PAY SUBSIST7 ENCE PAYMENTS TO PRISONERS FOR

8 HEALTH CARE ITEMS AND SERVICES.

9 Section 4006 of title 18, United States Code, is

10 amended—

11 (1) in subsection (a) by inserting after ‘‘The

12 Attorney General’’ the following: ‘‘or the Secretary

13 of Homeland Security, as applicable,’’; and

14 (2) in subsection (b)(1)—

15 (A) by striking ‘‘the Immigration and Nat16 uralization Service’’ and inserting ‘‘the Depart17 ment of Homeland Security’’;

18 (B) by striking ‘‘shall not exceed the lesser

19 of the amount’’ and inserting ‘‘shall be the

20 amount billed, not to exceed the amount’’;

21 (C) by striking ‘‘items and services’’ and

22 all that follows through ‘‘the Medicare pro23 gram’’ and inserting ‘‘items and services under

24 the Medicare program’’; and


I3402.ADA
364 

79

•HR 3402 IH

1 (D) by striking ‘‘; or’’ and all that follows

2 through the period at the end and inserting a

3 period.

4 SEC. 248. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE5 MENT.

6 (a) IN GENERAL.—Part A of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 is amended

8 by adding after section 104, as added by section 211 of

9 this Act, the following new section:

10 ‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGE11 MENT.

12 ‘‘(a) ESTABLISHMENT.—

13 ‘‘(1) IN GENERAL.—There is established within

14 the Office an Office of Audit, Assessment, and Man15 agement, headed by a Director appointed by the At16 torney General. In carrying out the functions of the

17 Office, the Director shall be subject to the authority,

18 direction, and control of the Attorney General. Such

19 authority, direction, and control may be delegated

20 only to the Assistant Attorney General, without re21 delegation.

22 ‘‘(2) PURPOSE.—The purpose of the Office

23 shall be to carry out and coordinate performance au24 dits of, take actions to ensure compliance with the

25 terms of, and manage information with respect to,


I3402.ADB
365 

80

•HR 3402 IH

1 grants under programs covered by subsection (b).

2 The Director shall take special conditions of the

3 grant into account and consult with the office that

4 issued those conditions to ensure appropriate compli5 ance.

6 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex7 clusive element of the Department of Justice, other

8 than the Inspector General, performing functions

9 and activities for the purpose specified in paragraph

10 (2). There are hereby transferred to the Office all

11 functions and activities, other than functions and ac12 tivities of the Inspector General, for such purpose

13 performed immediately before the date of the enact14 ment of this Act by any other element of the De15 partment.

16 ‘‘(b) COVERED PROGRAMS.—The programs referred

17 to in subsection (a) are the following:

18 ‘‘(1) The program under part Q of this title.

19 ‘‘(2) Any grant program carried out by the Of20 fice of Justice Programs.

21 ‘‘(3) Any other grant program carried out by

22 the Department of Justice that the Attorney General

23 considers appropriate.

24 ‘‘(c) PERFORMANCE AUDITS REQUIRED.—


I3402.ADC
366 

81

•HR 3402 IH

1 ‘‘(1) IN GENERAL.—The Director shall select

2 grants awarded under the programs covered by sub3 section (b) and carry out performance audits on

4 such grants. In selecting such grants, the Director

5 shall ensure that the aggregate amount awarded

6 under the grants so selected represent not less than

7 10 percent of the aggregate amount of money

8 awarded under all such grant programs.

9 ‘‘(2) RELATIONSHIP TO NIJEVALUATIONS.—

10 This subsection does not affect the authority or duty

11 of the Director of the National Institute of Justice

12 to carry out overall evaluations of programs covered

13 by subsection (b), except that such Director shall

14 consult with the Director of the Office in carrying

15 out such evaluations.

16 ‘‘(3) TIMING OF PERFORMANCE AUDITS.—The

17 performance audit required by paragraph (1) of a

18 grant selected under paragraph (1) shall be carried

19 out—

20 ‘‘(A) not later than the end of the grant

21 period, if the grant period is not more than 1

22 year; and

23 ‘‘(B) at the end of each year of the grant

24 period, if the grant period is more than 1 year.


I3402.ADD
367 

82

•HR 3402 IH

1 ‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Direc2 tor shall take such actions to ensure compliance with the

3 terms of a grant as the Director considers appropriate

4 with respect to each grant that the Director determines

5 (in consultation with the head of the element of the De6 partment of Justice concerned), through a performance

7 audit under subsection (a) or other means, is not in com8 pliance with such terms. In the case of a misuse of more

9 than 1 percent of the grant amount concerned, the Direc10 tor shall, in addition to any other action to ensure compli11 ance that the Director considers appropriate, ensure that

12 the entity responsible for such misuse ceases to receive any

13 funds under any program covered by subsection (b) until

14 such entity repays to the Attorney General an amount

15 equal to the amounts misused. The Director may, in un16 usual circumstances, grant relief from this requirement to

17 ensure that an innocent party is not punished.

18 ‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director

19 shall establish and maintain, in consultation with the chief

20 information officer of the Office, a modern, automated

21 system for managing all information relating to the grants

22 made under the programs covered by subsection (b).

23 ‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 5 per24 cent of all funding made available for a fiscal year for the

25 programs covered by subsection (b) shall be reserved for


I3402.ADE
368 

83

•HR 3402 IH

1 the activities of the Office of Audit, Assessment, and Man2 agement as authorized by this section.’’.

3 (b) EFFECTIVE DATE.—This section and the amend4 ment made by this section take effect 90 days after the

5 date of the enactment of this Act.

6 SEC. 249. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

7 (a) IN GENERAL.—Part A of title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968 is amended

9 by adding after section 105, as added by section 248 of

10 this Act, the following new section:

11 ‘‘SEC. 106. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

12 ‘‘(a) ESTABLISHMENT.—

13 ‘‘(1) IN GENERAL.—There is established within

14 the Office a Community Capacity Development Of15 fice, headed by a Director appointed by the Attorney

16 General. In carrying out the functions of the Office,

17 the Director shall be subject to the authority, direc18 tion, and control of the Attorney General. Such au19 thority, direction, and control may be delegated only

20 to the Assistant Attorney General, without redelega21 tion.

22 ‘‘(2) PURPOSE.—The purpose of the Office

23 shall be to provide training to actual and prospective

24 participants under programs covered by section

25 105(b) to assist such participants in understanding


I3402.ADF
369 

84

•HR 3402 IH

1 the substantive and procedural requirements for par2 ticipating in such programs.

3 ‘‘(3) EXCLUSIVITY.—The Office shall be the ex4 clusive element of the Department of Justice per5 forming functions and activities for the purpose

6 specified in paragraph (2). There are hereby trans7 ferred to the Office all functions and activities for

8 such purpose performed immediately before the date

9 of the enactment of this Act by any other element

10 of the Department. This does not preclude a grant11 making office from providing specialized training

12 and technical assistance in its area of expertise.

13 ‘‘(b) MEANS.—The Director shall, in coordination

14 with the heads of the other elements of the Department,

15 carry out the purpose of the Office through the following

16 means:

17 ‘‘(1) Promoting coordination of public and pri18 vate efforts and resources within or available to

19 States, units of local government, and neighborhood

20 and community-based organizations.

21 ‘‘(2) Providing information, training, and tech22 nical assistance.

23 ‘‘(3) Providing support for inter- and intra24 agency task forces and other agreements and for asVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00373 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ADG
370 

85

•HR 3402 IH

1 sessment of the effectiveness of programs, projects,

2 approaches, or practices.

3 ‘‘(4) Providing in the assessment of the effec4 tiveness of neighborhood and community-based law

5 enforcement and crime prevention strategies and

6 techniques, in coordination with the National Insti7 tute of Justice.

8 ‘‘(5) Any other similar means.

9 ‘‘(c) LOCATIONS.—Training referred to in subsection

10 (a) shall be provided on a regional basis to groups of such

11 participants. In a case in which remedial training is appro12 priate, as recommended by the Director or the head of

13 any element of the Department, such training may be pro14 vided on a local basis to a single such participant.

15 ‘‘(d) BEST PRACTICES.—The Director shall—

16 ‘‘(1) identify grants under which clearly bene17 ficial outcomes were obtained, and the characteris18 tics of those grants that were responsible for obtain19 ing those outcomes; and

20 ‘‘(2) incorporate those characteristics into the

21 training provided under this section.

22 ‘‘(e) AVAILABILITY OF FUNDS.—Not to exceed 5 per23 cent of all funding made available for a fiscal year for the

24 programs covered by section 105(b) shall be reserved for


I3402.ADH
371 

86

•HR 3402 IH

1 the activities of the Community Capacity Development Of2 fice as authorized by this section.’’.

3 (b) EFFECTIVE DATE.—This section and the amend4 ment made by this section take effect 90 days after the

5 date of the enactment of this Act.

6 SEC. 250. OFFICE OF APPLIED LAW ENFORCEMENT TECH7 NOLOGY.

8 (a) IN GENERAL.—Part A of title I of the Omnibus

9 Crime Control and Safe Streets Act of 1968 is amended

10 by adding after section 106, as added by section 249 of

11 this Act, the following new section:

12 ‘‘SEC. 107. OFFICE OF APPLIED LAW ENFORCEMENT TECH13 NOLOGY.

14 ‘‘(a) ESTABLISHMENT.—There is established within

15 the Office an Office of Applied Law Enforcement Tech16 nology, headed by a Director appointed by the Attorney

17 General. The purpose of the Office shall be to provide

18 leadership and focus to those grants of the Department

19 of Justice that are made for the purpose of using or im20 proving law enforcement computer systems.

21 ‘‘(b) DUTIES.—In carrying out the purpose of the Of22 fice, the Director shall—

23 ‘‘(1) establish clear minimum standards for

24 computer systems that can be purchased using

25 amounts awarded under such grants; and


I3402.ADI
372 

87

•HR 3402 IH

1 ‘‘(2) ensure that recipients of such grants use

2 such systems to participate in crime reporting pro3 grams administered by the Department.’’.

4 (b) EFFECTIVE DATE.—This section and the amend5 ment made by this section take effect 90 days after the

6 date of the enactment of this Act.

7 SEC. 251. AVAILABILITY OF FUNDS FOR GRANTS.

8 (a) IN GENERAL.—Part A of title I of the Omnibus

9 Crime Control and Safe Streets Act of 1968 is amended

10 by adding after section 107, as added by section 250 of

11 this Act, the following new section:

12 ‘‘SEC. 108. AVAILABILITY OF FUNDS.

13 ‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.—

14 ‘‘(1) IN GENERAL.—Unless otherwise specifi15 cally provided in an authorization, DOJ grant funds

16 for a fiscal year shall remain available to be awarded

17 and distributed to a grantee only in that fiscal year

18 and the three succeeding fiscal years, subject to

19 paragraphs (2) and (3). DOJ grant funds not so

20 awarded and distributed shall revert to the Treas21 ury.

22 ‘‘(2) TREATMENT OF REPROGRAMMED

23 FUNDS.—DOJ grant funds for a fiscal year that are

24 reprogrammed in a later fiscal year shall be treated


I3402.ADJ
373 

88

•HR 3402 IH

1 for purposes of paragraph (1) as DOJ grant funds

2 for such later fiscal year.

3 ‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If

4 DOJ grant funds were obligated and then

5 deobligated, the period of availability that applies to

6 those grant funds under paragraph (1) shall be ex7 tended by a number of days equal to the number of

8 days from the date on which those grant funds were

9 obligated to the date on which those grant funds

10 were deobligated.

11 ‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—

12 DOJ grant funds for a fiscal year that have been awarded

13 and distributed to a grantee may be expended by that

14 grantee only in the period permitted under the terms of

15 the grant. DOJ grant funds not so expended shall revert

16 to the Treasury.

17 ‘‘(c) DEFINITION.—In this section, the term ‘DOJ

18 grant funds’ means, for a fiscal year, amounts appro19 priated for activities of the Department of Justice in car20 rying out grant programs for that fiscal year.

21 ‘‘(d) APPLICABILITY.—This section applies to DOJ

22 grant funds for fiscal years beginning with fiscal year

23 2004.’’.


I3402.ADK
374 

89

•HR 3402 IH

1 (b) EFFECTIVE DATE.—This section and the amend2 ment made by this section take effect 90 days after the

3 date of the enactment of this Act.

4 SEC. 252. CONSOLIDATION OF FINANCIAL MANAGEMENT

5 SYSTEMS OF OFFICE OF JUSTICE PROGRAMS.

6 (a) CONSOLIDATION OF ACCOUNTING ACTIVITIES

7 AND PROCUREMENT ACTIVITIES.—The Assistant Attor8 ney General of the Office of Justice Programs shall ensure

9 that—

10 (1) all accounting activities for all elements of

11 the Office of Justice Programs are carried out under

12 the direct management of the Office of the Comp13 troller; and

14 (2) all procurement activities for all elements of

15 the Office are carried out under the direct manage16 ment of the Office of Administration.

17 (b) FURTHER CONSOLIDATION OF PROCUREMENT

18 ACTIVITIES.—The Assistant Attorney General shall en19 sure that, on and after September 30, 2008—

20 (1) all procurement activities for all elements of

21 the Office are carried out through a single manage22 ment office; and

23 (2) all contracts and purchase orders used in

24 carrying out those activities are processed through a

25 single procurement system.


I3402.ADL
375 

90

•HR 3402 IH

1 (c) CONSOLIDATION OF FINANCIAL MANAGEMENT

2 SYSTEMS.—The Assistant Attorney General shall ensure

3 that, on and after September 30, 2010, all financial man4 agement activities (including human resources, payroll,

5 and accounting activities, as well as procurement activi6 ties) of all elements of the Office are carried out through

7 a single financial management system.

8 (d) ACHIEVING COMPLIANCE.—

9 (1) SCHEDULE.—The Assistant Attorney Gen10 eral shall undertake a scheduled consolidation of op11 erations to achieve compliance with the requirements

12 of this section.

13 (2) SPECIFIC REQUIREMENTS.—With respect to

14 achieving compliance with the requirements of—

15 (A) subsection (a), the consolidation of op16 erations shall be initiated not later than 90

17 days after the date of the enactment of this

18 Act; and

19 (B) subsections (b) and (c), the consolida20 tion of operations shall be initiated not later

21 than September 30, 2005, and shall be carried

22 out by the Office of Administration, in con23 sultation with the Chief Information Officer

24 and the Office of Audit, Assessment, and Man25 agement.


I3402.ADM
376 

91

•HR 3402 IH

1 SEC. 253. AUTHORIZATION AND CHANGE OF COPS PRO2 GRAM TO SINGLE GRANT PROGRAM.

3 (a) IN GENERAL.—Section 1701 of title I of the Om4 nibus Crime Control and Safe Streets Act of 1968 (42

5 U.S.C. 3796dd) is amended—

6 (1) by amending subsection (a) to read as fol7 lows:

8 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen9 eral shall carry out a single grant program under which

10 the Attorney General makes grants to States, units of

11 local government, Indian tribal governments, other public

12 and private entities, and multi-jurisdictional or regional

13 consortia for the purposes described in subsection (b).’’;

14 (2) by striking subsections (b) and (c);

15 (3) by redesignating subsection (d) as sub16 section (b), and in that subsection—

17 (A) by striking ‘‘ADDITIONAL GRANT

18 PROJECTS.—Grants made under subsection (a)

19 may include programs, projects, and other ac20 tivities to—’’ and inserting ‘‘USES OF GRANT

21 AMOUNTS.—The purposes for which grants

22 made under subsection (a) may be made

23 are—’’;

24 (B) by redesignating paragraphs (1)

25 through (12) as paragraphs (6) through (17),

26 respectively;


I3402.ADN
377 

92

•HR 3402 IH

1 (C) by inserting before paragraph (6) (as

2 so redesignated) the following new paragraphs:

3 ‘‘(1) rehire law enforcement officers who have

4 been laid off as a result of State and local budget

5 reductions for deployment in community-oriented po6 licing;

7 ‘‘(2) hire and train new, additional career law

8 enforcement officers for deployment in community9 oriented policing across the Nation;

10 ‘‘(3) procure equipment, technology, or support

11 systems, or pay overtime, to increase the number of

12 officers deployed in community-oriented policing;

13 ‘‘(4) improve security at schools and on school

14 grounds in the jurisdiction of the grantee through—

15 ‘‘(A) placement and use of metal detectors,

16 locks, lighting, and other deterrent measures;

17 ‘‘(B) security assessments;

18 ‘‘(C) security training of personnel and

19 students;

20 ‘‘(D) coordination with local law enforce21 ment; and

22 ‘‘(E) any other measure that, in the deter23 mination of the Attorney General, may provide

24 a significant improvement in security;


I3402.ADO
378 

93

•HR 3402 IH

1 ‘‘(5) award grants to pay for offices hired to

2 perform intelligence, anti-terror, or homeland secu3 rity duties;’’; and

4 (D) by amending paragraph (9) (as so re5 designated) to read as follows:

6 ‘‘(9) develop new technologies, including inter7 operable communications technologies, modernized

8 criminal record technology, and forensic technology,

9 to assist State and local law enforcement agencies in

10 reorienting the emphasis of their activities from re11 acting to crime to preventing crime and to train law

12 enforcement officers to use such technologies;’’;

13 (4) by redesignating subsections (e) through (k)

14 as subsections (c) through (i), respectively;

15 (5) in subsection (c) (as so redesignated) by

16 striking ‘‘subsection (i)’’ and inserting ‘‘subsection

17 (g)’’; and

18 (6) by adding at the end the following new sub19 section:

20 ‘‘(j) MATCHING FUNDS FOR SCHOOL SECURITY

21 GRANTS.—Notwithstanding subsection (i), in the case of

22 a grant under subsection (a) for the purposes described

23 in subsection (b)(4)—

24 ‘‘(1) the portion of the costs of a program pro25 vided by that grant may not exceed 50 percent;


I3402.ADP
379 

94

•HR 3402 IH

1 ‘‘(2) any funds appropriated by Congress for

2 the activities of any agency of an Indian tribal gov3 ernment or the Bureau of Indian Affairs performing

4 law enforcement functions on any Indian lands may

5 be used to provide the non-Federal share of a

6 matching requirement funded under this subsection;

7 and

8 ‘‘(3) the Attorney General may provide, in the

9 guidelines implementing this section, for the require10 ment of paragraph (1) to be waived or altered in the

11 case of a recipient with a financial need for such a

12 waiver or alteration.’’.

13 (b) CONFORMING AMENDMENT.—Section 1702 of

14 title I of such Act (42 U.S.C. 3796dd–1) is amended in

15 subsection (d)(2) by striking ‘‘section 1701(d)’’ and in16 serting ‘‘section 1701(b)’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

18 1001(a)(11) of title I of such Act (42 U.S.C. 3793(a)(11))

19 is amended—

20 (1) in subparagraph (A) by striking clause (i)

21 and all that follows through the period at the end

22 and inserting the following:

23 ‘‘(i) $1,047,119,000 for each of fiscal years

24 2006 through 2009.’’; and

25 (2) in subparagraph (B)—


I3402.ADQ
380 

95

•HR 3402 IH

1 (A) by striking ‘‘section 1701(f)’’ and in2 serting ‘‘section 1701(d)’’; and

3 (B) by striking the third sentence.

4 SEC. 254. CLARIFICATION OF PERSONS ELIGIBLE FOR BEN5 EFITS UNDER PUBLIC SAFETY OFFICERS’

6 DEATH BENEFITS PROGRAMS.

7 (a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—

8 Section 1204 of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3796b), as most recently

10 amended by section 2(a) of the Mychal Judge Police and

11 Fire Chaplains Public Safety Officers’ Benefit Act of 2002

12 (Public Law 107–196; 116 Stat. 719), is amended—

13 (1) by redesignating paragraphs (7) and (8) as

14 paragraphs (8) and (9), respectively;

15 (2) by inserting after paragraph (6) the fol16 lowing new paragraph:

17 ‘‘(7) ‘member of a rescue squad or ambulance

18 crew’ means an officially recognized or designated

19 public employee member of a rescue squad or ambu20 lance crew;’’; and

21 (3) in paragraph (4) by striking ‘‘and’’ and all

22 that follows through the end and inserting a semi23 colon.

24 (b) CLARIFICATION OF LIMITATION ON PAYMENTS IN

25 NON-CIVILIAN CASES.—Section 1202(5) of such Act (42


I3402.ADR
381 

96

•HR 3402 IH

1 U.S.C. 3796a(5)) is amended by inserting ‘‘with respect’’

2 before ‘‘to any individual’’.

3 (c) WAIVER OF COLLECTION IN CERTAIN CASES.—

4 Section 1201 of such Act (42 U.S.C. 3796) is amended

5 by adding at the end the following:

6 ‘‘(k) In any case in which the Bureau paid, before

7 the date of the enactment of Public Law 107–196, any

8 benefit under this part to an individual who—

9 ‘‘(1) before the enactment of that law was enti10 tled to receive that benefit; and

11 ‘‘(2) by reason of the retroactive effective date

12 of that law is no longer entitled to receive that ben13 efit,

14 ‘‘the Bureau may suspend or end activities to collect that

15 benefit if the Bureau determines that collecting that ben16 efit is impractical or would cause undue hardship to that

17 individual.’’.

18 (d) DESIGNATION OF BENEFICIARY.—Section

19 1201(a)(4) of such Act (42 U.S.C. 3796(a)(4)) is amend20 ed to read as follows:

21 ‘‘(4) if there is no surviving spouse or surviving

22 child—

23 ‘‘(A) in the case of a claim made on or

24 after the date that is 90 days after the date of

25 the enactment of this subparagraph, to the indiVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00385 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ADS
382 

97

•HR 3402 IH

1 vidual designated by such officer as beneficiary

2 under this section in such officer’s most re3 cently executed designation of beneficiary on

4 file at the time of death with such officer’s pub5 lic safety agency, organization, or unit, provided

6 that such individual survived such officer; or

7 ‘‘(B) if there is no individual qualifying

8 under subparagraph (A), to the individual des9 ignated by such officer as beneficiary under

10 such officer’s most recently executed life insur11 ance policy, provided that such individual sur12 vived such officer; or’’.

13 SEC. 255. RESEARCH-BASED BULLYING PREVENTION PRO14 GRAMS.

15 Paragraph (13) of section 1801(b) of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

17 3796ee(b)) is amended by inserting before the semicolon

18 at the end the following: ‘‘, which may include research19 based bullying prevention programs’’.

20 SEC. 256. REAUTHORIZATION OF JUVENILE ACCOUNT21 ABILITY BLOCK GRANTS.

22 Section 1810(a) of the Omnibus Crime Control and

23 Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) is

24 amended by striking ‘‘2002 through 2005’’ and inserting

25 ‘‘2006 through 2009’’.


I3402.ADT
383 

98

•HR 3402 IH

1 SEC. 257. SEX OFFENDER MANAGEMENT.

2 Section 40152 of the Violent Crime Control and Law

3 Enforcement Act of 1994 (42 U.S.C. 13941) is amended

4 by striking subsection (c) and inserting the following:

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 $5,000,000 for each of fiscal years 2006 through 2010.’’.

8 TITLE III—MISCELLANEOUS

9 PROVISIONS

10 SEC. 301. TECHNICAL AMENDMENTS RELATING TO PUBLIC

11 LAW 107–56.

12 (a) STRIKING SURPLUS WORDS.—

13 (1) Section 2703(c)(1) of title 18, United

14 States Code, is amended by striking ‘‘or’’ at the end

15 of subparagraph (C).

16 (2) Section 1960(b)(1)(C) of title 18, United

17 States Code, is amended by striking ‘‘to be used to

18 be used’’ and inserting ‘‘to be used’’.

19 (b) PUNCTUATION AND GRAMMAR CORRECTIONS.—

20 Section 2516(1)(q) of title 18, United States Code, is

21 amended—

22 (1) by striking the semicolon after the first

23 close parenthesis; and

24 (2) by striking ‘‘sections’’ and inserting ‘‘sec25 tion’’.


I3402.ADU
384 

99

•HR 3402 IH

1 (c) CROSS REFERENCE CORRECTION.—Section 322

2 of Public Law 107–56 is amended, effective on the date

3 of the enactment of that section, by striking ‘‘title 18’’

4 and inserting ‘‘title 28’’.

5 (d) CAPITALIZATION CORRECTION.—Subsections (a)

6 and (b) of section 2703 of title 18, United States Code,

7 are each amended by striking ‘‘CONTENTS OF WIRE OR

8 ELECTRONIC’’ and inserting ‘‘CONTENTS OF WIRE OR

9 ELECTRONIC’’.

10 SEC. 302. MISCELLANEOUS TECHNICAL AMENDMENTS.

11 (a) PUNCTUATION CORRECTIONS.—The heading for

12 section 1591 of title 18, United States Code, is amended

13 by inserting a comma after ‘‘fraud’’.

14 (b) DUPLICATE SECTION NUMBERS.—The second

15 section 540C in chapter 33 of title 28, United States Code,

16 is redesignated as section 540D, and the item relating to

17 that section in the table of sections at the beginning of

18 that chapter is redesignated accordingly and transferred

19 so as to be placed after the item relating to section 540C.

20 (c) TABLE OF SECTIONS OMISSION.—The table of

21 sections at the beginning of chapter 203 of title 18, United

22 States Code, is amended by inserting after the item relat23 ing to section 3050 the following new item:

‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and

Explosives.’’.


I3402.ADV
385 

100

•HR 3402 IH

1 (d) REPEAL OF DUPLICATIVE PROGRAM.—Section

2 316 of Part A of the Runaway and Homeless Youth Act

3 (42 U.S.C. 5712d), as added by section 40155 of the Vio4 lent Crime Control and Law Enforcement Act of 1994

5 (Public Law 103–322; 108 Stat. 1922), is repealed.

6 SEC. 303. MINOR SUBSTANTIVE AMENDMENT RELATING TO

7 CONTENTS OF FBI ANNUAL REPORT.

8 Section 540D(b)(1)(A) of title 28, United States

9 Code, as redesignated by section 302(b), is further amend10 ed by inserting ‘‘and the number of such personnel who

11 receive danger pay under section 151 of the Foreign Rela12 tions Authorization Act, Fiscal Years 1990 and 1991 (5

13 U.S.C. 5928 note)’’ after ‘‘year’’.

14 SEC. 304. USE OF FEDERAL TRAINING FACILITIES.

15 (a) FEDERAL TRAINING FACILITIES.—Unless specifi16 cally authorized in writing by the Attorney General, the

17 Department of Justice (and each entity within it) shall

18 use for any predominately internal training or conference

19 meeting only a facility that does not require a payment

20 to a private entity for use of the facility.

21 (b) ANNUAL REPORT.—The Attorney General shall

22 prepare an annual report to the Chairmen and ranking

23 minority members of the Committees on the Judiciary of

24 the Senate and of the House of Representatives that de25 tails each training and conference meeting that requires


I3402.ADW
386 

101

•HR 3402 IH

1 specific authorization under subsection (a). The report

2 shall include an explanation of why the facility was chosen,

3 and a breakdown of any expenditures incurred in excess

4 of the cost of conducting the training or meeting at a facil5 ity that did not require such authorization.

6 SEC. 305. PRIVACY OFFICER.

7 (a) IN GENERAL.—The Attorney General shall des8 ignate a senior official in the Department of Justice to

9 assume primary responsibility for privacy policy.

10 (b) RESPONSIBILITIES.—The responsibilities of such

11 official shall include—

12 (1) assuring that the use of technologies sus13 tain, and do not erode, privacy protections relating

14 to the use, collection, and disclosure of personally

15 identifiable information;

16 (2) assuring that personally identifiable infor17 mation contained in systems of records is handled in

18 full compliance with fair information practices as set

19 out in section 552a of title 5, United States Code;

20 (3) evaluating legislative and regulatory pro21 posals involving collection, use, and disclosure of

22 personally identifiable information by the Federal

23 Government;

24 (4) conducting a privacy impact assessment of

25 proposed rules of the Department on the privacy of


I3402.ADX
387 

102

•HR 3402 IH

1 personally identifiable information, including the

2 type of personally identifiable information collected

3 and the number of people affected;

4 (5) preparing a report to Congress on an an5 nual basis on activities of the Department that af6 fect privacy, including complaints of privacy viola7 tions, implementation of section 552a of title 5,

8 United States Code, internal controls, and other rel9 evant matters;

10 (6) ensuring that the Department protects per11 sonally identifiable information and information sys12 tems from unauthorized access, use, disclosure, dis13 ruption, modification, or destruction in order to

14 provide—

15 (A) integrity, which means guarding

16 against improper information modification or

17 destruction, and includes ensuring information

18 nonrepudiation and authenticity;

19 (B) confidentially, which means preserving

20 authorized restrictions on access and disclosure,

21 including means for protecting personal privacy

22 and proprietary information;

23 (C) availability, which means ensuring

24 timely and reliable access to and use of that in25 formation; and


I3402.ADY
388 

103

•HR 3402 IH

1 (D) authentication, which means utilizing

2 digital credentials to assure the identity of

3 users and validate their access; and

4 (7) advising the Attorney General and the Di5 rector of the Office of Management and Budget on

6 information security and privacy issues pertaining to

7 Federal Government information systems.

8 (c) REVIEW.—The Department of Justice shall re9 view its policies to assure that the Department treats per10 sonally identifiable information in its databases in a man11 ner that complies with applicable Federal law on privacy.

12 SEC. 306. BANKRUPTCY CRIMES.

13 The Director of the Executive Office for United

14 States Trustees shall prepare an annual report to the Con15 gress detailing—

16 (1) the number and types of criminal referrals

17 made by the United States Trustee Program;

18 (2) the outcomes of each criminal referral;

19 (3) for any year in which the number of crimi20 nal referrals is less than for the prior year, an expla21 nation of the decrease; and

22 (4) the United States Trustee Program’s efforts

23 to prevent bankruptcy fraud and abuse, particularly

24 with respect to the establishment of uniform internal


I3402.ADZ
389 

104

•HR 3402 IH

1 controls to detect common, higher risk frauds, such

2 as a debtor’s failure to disclose all assets.

3 SEC. 307. REPORT TO CONGRESS ON STATUS OF UNITED

4 STATES PERSONS OR RESIDENTS DETAINED

5 ON SUSPICION OF TERRORISM.

6 Not less often than once every 12 months, the Attor7 ney General shall submit to Congress a report on the sta8 tus of United States persons or residents detained, as of

9 the date of the report, on suspicion of terrorism. The re10 port shall—

11 (1) specify the number of persons or residents

12 so detained; and

13 (2) specify the standards developed by the De14 partment of Justice for recommending or deter15 mining that a person should be tried as a criminal

16 defendant or should be designated as an enemy com17 batant.

18 SEC. 308. TECHNICAL CORRECTION RELATING TO DEFINI19 TION USED IN ‘‘TERRORISM TRANSCENDING

20 NATIONAL BOUNDARIES’’ STATUTE.

21 Section 1958 of title 18, United States Code, is

22 amended—

23 (1) in subsection (a), by striking ‘‘facility in’’

24 and inserting ‘‘facility of’’; and


I3402.AEA
390 

105

•HR 3402 IH

1 (2) in subsection (b)(2), by inserting ‘‘or for2 eign’’ after ‘‘interstate’’.

3 SEC. 309. INCREASED PENALTIES AND EXPANDED JURIS4 DICTION FOR SEXUAL ABUSE OFFENSES IN

5 CORRECTIONAL FACILITIES.

6 (a) EXPANDED JURISDICTION.—The following provi7 sions of title 18, United States Code, are each amended

8 by inserting ‘‘or in the custody of the Attorney General

9 or the Bureau of Prisons or any institution or facility in

10 which the person is confined by direction of the Attorney

11 General,’’ after ‘‘in a Federal prison,’’:

12 (1) Subsections (a) and (b) of section 2241.

13 (2) The first sentence of subsection (c) of sec14 tion 2241.

15 (3) Section 2242.

16 (4) Subsections (a) and (b) of section 2243.

17 (5) Subsections (a) and (b) of section 2244.

18 (b) INCREASED PENALTIES.—

19 (1) SEXUAL ABUSE OF A WARD.—Section

20 2243(b) of such title is amended by striking ‘‘one

21 year’’ and inserting ‘‘five years’’.

22 (2) ABUSIVE SEXUAL CONTACT.—Section 2244

23 of such title is amended by striking ‘‘six months’’

24 and inserting ‘‘two years’’ in each of subsections

25 (a)(4) and (b).


I3402.AEB
391 

106

•HR 3402 IH

1 SEC. 310. EXPANDED JURISDICTION FOR CONTRABAND OF2 FENSES IN CORRECTIONAL FACILITIES.

3 Section 1791(a) of title 18, United States Code, is

4 amended in each of paragraphs (1) and (2) by inserting

5 ‘‘or an individual in the custody of the Attorney General

6 or the Bureau of Prisons or any institution or facility in

7 which the person is confined by direction of the Attorney

8 General’’ after ‘‘an inmate of a prison’’.

9 SEC. 311. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE

10 PRELIMINARY HEARING.

11 The second sentence of section 3060(c) of title 18,

12 United States Code, is amended to read as follows: ‘‘In

13 the absence of such consent of the accused, the judge or

14 magistrate judge may extend the time limits only on a

15 showing that extraordinary circumstances exist and justice

16 requires the delay.’’.

17 SEC. 312. TECHNICAL CORRECTIONS RELATING TO

18 STEROIDS.

19 Section 102(41)(A) of the Controlled Substances Act

20 (21 U.S.C. 802(41)(A)), as amended by the Anabolic Ster21 oid Control Act of 2004 (Public law 108–358), is amended

22 by—

23 (1) striking clause (xvii) and inserting the fol24 lowing:

25 ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’;

26 and


I3402.AEC
392 

107

•HR 3402 IH

1 (2) striking clause (xliv) and inserting the fol2 lowing:

3 ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy4 [5α]-androst-2-eno[3,2-c]-pyrazole);’’.

5 SEC. 313. PRISON RAPE COMMISSION EXTENSION.

6 Section 7 of the Prison Rape Elimination Act of 2003

7 (42 U.S.C. 15606) is amended in subsection (d)(3)(A) by

8 striking ‘‘2 years’’ and inserting ‘‘3 years’’.

9 SEC. 314. LONGER STATUTE OF LIMITATION FOR HUMAN

10 TRAFFICKING-RELATED OFFENSES.

11 (a) IN GENERAL.—Chapter 213 of title 18, United

12 States Code, is amended by adding at the end the fol13 lowing new section:

14 ‘‘§ 3298. Trafficking-related offenses

15 ‘‘No person shall be prosecuted, tried, or punished

16 for any non-capital offense or conspiracy to commit a non17 capital offense under section 1581 (Peonage; Obstructing

18 Enforcement), 1583 (Enticement into Slavery), 1584

19 (Sale into Involuntary Servitude), 1589 (Forced Labor),

20 1590 (Trafficking with Respect to Peonage, Slavery, In21 voluntary Servitude, or Forced Labor), 1591 (Sex Traf22 ficking of Children or by Force, Fraud), or 1592 (Unlaw23 ful Conduct with Respect to Documents in furtherance of

24 Trafficking, Peonage, Slavery, Involuntary Servitude, or

25 Forced Labor) of this title or under section 274(a) of the


I3402.AED
393 

108

•HR 3402 IH

1 Immigration and Nationality Act unless the indictment is

2 found or the information is instituted not later than 10

3 years after the commission of the offense.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of such chapter is amended by adding at

6 the end the following new item:

‘‘3298. Trafficking-related offenses.’’.

7 SEC. 315. USE OF CENTER FOR CRIMINAL JUSTICE TECH8 NOLOGY.

9 (a) IN GENERAL.—The Attorney General may use

10 the services of the Center for Criminal Justice Technology,

11 a nonprofit ‘‘center of excellence’’ that provides technology

12 assistance and expertise to the criminal justice commu13 nity.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to the Attorney General

16 to carr out this section the following amounts, to remai

17 available until expended:

18 (1) $7,500,000 for fiscal year 2006;

19 (2) $7,500,000 for fiscal year 2007; and

20 (3) $10,000,000 for fiscal year 2008.

21 SEC. 316. SEARCH GRANTS.

22 (a) IN GENERAL.—Pursuant to subpart 1 of part E

23 of title I of the Omnibus Crime Control and Safe Streets

24 Act of 1968, the Attorney General may make grants to

25 SEARCH, the National Consortium for Justice InformaVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00397 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AEE
394 

109

•HR 3402 IH

1 tion and Statistics, to carry out the operations of the Na2 tional Technical Assistance and Training Program.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Attorney General

5 to carry out this section $2,000,000 for each of fiscal

6 years 2006 through 2009.

7 TITLE IV—VIOLENCE AGAINST

8 WOMEN REAUTHORIZATION

9 ACT OF 2005

10 SEC. 401. SHORT TITLE.

11 Titles IV through X of this Act may be cited as the

12 ‘‘Violence Against Women Reauthorization Act of 2005’’.

13 SEC. 402. DEFINITIONS AND REQUIREMENTS FOR PRO14 GRAMS RELATING TO VIOLENCE AGAINST

15 WOMEN.

16 Part T of the Omnibus Crime Control and Safe

17 Streets Act of 1968 is amended by inserting before section

18 2001 (42 U.S.C. 3796gg) the following new sections:

19 ‘‘SEC. 2000A. CLARIFICATION THAT PROGRAMS RELATING

20 TO VIOLENCE AGAINST WOMEN ARE GENDER21 NEUTRAL.

22 ‘‘In this part, and in any other Act of Congress, un23 less the context unequivocally requires otherwise, a provi24 sion authorizing or requiring the Department of Justice

25 to make grants, or to carry out other activities, for assistVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00398 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AEF
395 

110

•HR 3402 IH

1 ance to victims of domestic violence, dating violence, stalk2 ing, sexual assault, or trafficking in persons, shall be con3 strued to cover grants that provide assistance to female

4 victims, male victims, or both.

5 ‘‘SEC. 2000B. DEFINITIONS THAT APPLY TO ANY PROVISION

6 CARRIED OUT BY VIOLENCE AGAINST

7 WOMEN OFFICE.

8 ‘‘(a) IN GENERAL.—In this part, and in any violence

9 against women provision, unless the context unequivocally

10 requires otherwise, the following definitions apply:

11 ‘‘(1) COURTS.—The term ‘courts’ means any

12 civil or criminal, tribal, and Alaskan Village, Fed13 eral, State, local or territorial court having jurisdic14 tion to address domestic violence, dating violence,

15 sexual assault or stalking, including immigration,

16 family, juvenile, and dependency courts, and the ju17 dicial officers serving in those courts, including

18 judges, magistrate judges, commissioners, justices of

19 the peace, or any other person with decisionmaking

20 authority.

21 ‘‘(2) CHILD MALTREATMENT.—The term ‘child

22 maltreatment’ means the physical or psychological

23 abuse or neglect of a child or youth, including sexual

24 assault and abuse.


I3402.AEG
396 

111

•HR 3402 IH

1 ‘‘(3) COMMUNITY-BASED ORGANIZATION.—The

2 term ‘community-based organization’ means an or3 ganization that—

4 ‘‘(A) focuses primarily on domestic vio5 lence, dating violence, sexual assault, or stalk6 ing;

7 ‘‘(B) has established a specialized cul8 turally specific program that addresses domestic

9 violence, dating violence, sexual assault, or

10 stalking;

11 ‘‘(C) has a primary focus on underserved

12 populations (and includes representatives of

13 these populations) and domestic violence, dating

14 violence, sexual assault, or stalking; or

15 ‘‘(D) obtains expertise, or shows dem16 onstrated capacity to work effectively, on do17 mestic violence, dating violence, sexual assault,

18 and stalking through collaboration.

19 ‘‘(4) COURT-BASED AND COURT-RELATED PER20 SONNEL.—The term ‘court-based’ and ‘court-related

21 personnel’ mean persons working in the court,

22 whether paid or volunteer, including—

23 ‘‘(A) clerks, special masters, domestic rela24 tions officers, administrators, mediators, cus25 tody evaluators, guardians ad litem, lawyers,


I3402.AEH
397 

112

•HR 3402 IH

1 negotiators, probation, parole, interpreters, vic2 tim assistants, victim advocates, and judicial,

3 administrative, or any other professionals or

4 personnel similarly involved in the legal process;

5 ‘‘(B) court security personnel;

6 ‘‘(C) personnel working in related, supple7 mentary offices or programs (such as child sup8 port enforcement); and

9 ‘‘(D) any other court-based or community10 based personnel having responsibilities or au11 thority to address domestic violence, dating vio12 lence, sexual assault, or stalking in the court

13 system.

14 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domes15 tic violence’ includes felony or misdemeanor crimes

16 of violence committed by a current or former spouse

17 of the victim, by a person with whom the victim

18 shares a child in common, by a person who is co19 habitating with or has cohabitated with the victim as

20 a spouse, by a person similarly situated to a spouse

21 of the victim under the domestic or family violence

22 laws of the jurisdiction receiving grant monies, or by

23 any other person against an adult, youth, or minor

24 victim who is protected from that person’s acts


I3402.AEI
398 

113

•HR 3402 IH

1 under the domestic or family violence laws of the ju2 risdiction receiving grant monies.

3 ‘‘(6) DATING PARTNER.—The term ‘dating

4 partner’ refers to a person who is or has been in an

5 ongoing social relationship of a romantic or intimate

6 nature with the abuser, and existence of such a rela7 tionship based on a consideration of—

8 ‘‘(A) the length of the relationship;

9 ‘‘(B) the type of relationship; and

10 ‘‘(C) the frequency of interaction between

11 the persons involved in the relationship.

12 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio13 lence’ means violence committed by a person—

14 ‘‘(A) who is or has been in an ongoing so15 cial relationship of a romantic or intimate na16 ture with the victim; and

17 ‘‘(B) where the existence of such a rela18 tionship shall be determined based on a consid19 eration of the following factors:

20 ‘‘(i) The length of the relationship.

21 ‘‘(ii) The type of relationship.

22 ‘‘(iii) The frequency of interaction be23 tween the persons involved in the relation24 ship.


I3402.AEJ
399 

114

•HR 3402 IH

1 ‘‘(8) ELDER ABUSE.—The term ‘elder abuse’

2 means any action against a person who is 60 years

3 of age or older that constitutes the willful—

4 ‘‘(A) infliction of injury, unreasonable con5 finement, intimidation, or cruel punishment

6 with resulting physical harm, pain, or mental

7 anguish; or

8 ‘‘(B) deprivation by a person, including a

9 caregiver, of goods or services that are nec10 essary to avoid physical harm, mental anguish,

11 or mental illness.

12 ‘‘(9) INDIAN.—The term ‘Indian’ means a

13 member of an Indian tribe.

14 ‘‘(10) INDIAN HOUSING.—The term ‘Indian

15 housing’ means housing assistance described in the

16 Native American Assistance and Self-Determination

17 Act of (25 U.S.C. 4101 et seq., as amended).

18 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’

19 means a tribe, band, pueblo, nation, or other orga20 nized group or community of Indians, including any

21 Alaska Native village or regional or village corpora22 tion (as defined in, or established pursuant to, the

23 Alaska Native Claims Settlement Act (43 U.S.C.

24 1601 et seq.)), that is recognized as eligible for the

25 special programs and services provided by the


I3402.AEK
400 

115

•HR 3402 IH

1 United States to Indians because of their status as

2 Indians.

3 ‘‘(12) INDIAN LAW ENFORCEMENT.—The term

4 ‘Indian law enforcement’ means the departments or

5 individuals under the direction of the Indian tribe

6 that maintain public order.

7 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en8 forcement’ means a public agency charged with po9 licing functions, including any of its component bu10 reaus (such as governmental victim services pro11 grams), including those referred to in section 3 of

12 the Indian Enforcement Reform Act (25 U.S.C.

13 2802).

14 ‘‘(14) LEGAL ASSISTANCE.—The term ‘legal

15 assistance’—

16 ‘‘(A) includes assistance to adult, youth,

17 and minor victims of domestic violence, dating

18 violence, sexual assault, and stalking in—

19 ‘‘(i) family, tribal, territorial, immi20 gration, employment, administrative agen21 cy, housing matters, campus administrative

22 or protection or stay away order pro23 ceedings, and other similar matters; and

24 ‘‘(ii) criminal justice investigations,

25 prosecutions and post-trial matters (includVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00404 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AEL
401 

116

•HR 3402 IH

1 ing sentencing, parole, and probation) that

2 impact the victim’s safety and privacy,

3 subject to subparagraph (B); and

4 ‘‘(B) does not include representation of a

5 defendant in a criminal or juvenile proceeding.

6 ‘‘(15) LINGUISTICALLY AND CULTURALLY SPE7 CIFIC SERVICES.—The term ‘linguistically and cul8 turally specific services’ means community-based

9 services that offer full linguistic access and cul10 turally specific services and resources, including out11 reach, collaboration, and support mechanisms pri12 marily directed toward racial and ethnic populations

13 and other underserved communities.

14 ‘‘(16) PERSONALLY IDENTIFYING INFORMATION

15 OR PERSONAL INFORMATION.—The term ‘personally

16 identifying information’ or ‘personal information’

17 means individually identifying information for or

18 about an individual including information likely to

19 disclose the location of a victim of domestic violence,

20 dating violence, sexual assault, or stalking,

21 including—

22 ‘‘(A) a first and last name;

23 ‘‘(B) a home or other physical address;


I3402.AEM
402 

117

•HR 3402 IH

1 ‘‘(C) contact information (including a post2 al, e-mail or Internet protocol address, or tele3 phone or facsimile number);

4 ‘‘(D) a social security number; and

5 ‘‘(E) any other information, including date

6 of birth, racial or ethnic background, or reli7 gious affiliation, that, in combination with any

8 of subparagraphs (A) through (D), would serve

9 to identify any individual.

10 ‘‘(17) PROSECUTION.—The term ‘prosecution’

11 means any public agency charged with direct respon12 sibility for prosecuting criminal offenders, including

13 such agency’s component bureaus (such as govern14 mental victim services programs).

15 ‘‘(18) PROTECTION ORDER OR RESTRAINING

16 ORDER.—The term ‘protection order’ or ‘restraining

17 order’ includes—

18 ‘‘(A) any injunction, restraining order, or

19 any other order issued by a civil or criminal

20 court for the purpose of preventing violent or

21 threatening acts or harassment against, sexual

22 violence or contact or communication with or

23 physical proximity to, another person, including

24 any temporary or final orders issued by civil or

25 criminal courts whether obtained by filing an


I3402.AEN
403 

118

•HR 3402 IH

1 independent action or as a pendente lite order

2 in another proceeding so long as any civil order

3 was issued in response to a complaint, petition,

4 or motion filed by or on behalf of a person seek5 ing protection; and

6 ‘‘(B) any support, child custody or visita7 tion provisions, orders, remedies, or relief

8 issued as part of a protection order, restraining

9 order, or stay away injunction pursuant to

10 State, tribal, territorial, or local law authorizing

11 the issuance of protection orders, restraining

12 orders, or injunctions for the protection of vic13 tims of domestic violence, dating violence, sex14 ual assault, or stalking.

15 ‘‘(19) RURAL AREA AND RURAL COMMUNITY.—

16 The terms ‘rural area’ and ‘rural community’

17 mean—

18 ‘‘(A) any area or community, respectively,

19 no part of which is within an area designated

20 as a standard metropolitan statistical area by

21 the Office of Management and Budget; or

22 ‘‘(B) any area or community, respectively,

23 that is—

24 ‘‘(i) within an area designated as a

25 metropolitan statistical area or considered


I3402.AEO
404 

119

•HR 3402 IH

1 as part of a metropolitan statistical area;

2 and

3 ‘‘(ii) located in a rural census tract.

4 ‘‘(20) RURAL STATE.—The term ‘rural State’

5 means a State that has a population density of 52

6 or fewer persons per square mile or a State in which

7 the largest county has fewer than 150,000 people,

8 based on the most recent decennial census.

9 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means any conduct prescribed by chapter

11 109A of title 18, United States Code, whether or not

12 the conduct occurs in the special maritime and terri13 torial jurisdiction of the United States or in a Fed14 eral prison and includes both assaults committed by

15 offenders who are strangers to the victim and as16 saults committed by offenders who are known or re17 lated by blood or marriage to the victim.

18 ‘‘(22) STALKING.—The term ‘stalking’ means

19 engaging in a course of conduct directed at a spe20 cific person that would cause a reasonable person

21 to—

22 ‘‘(A) fear for his or her safety or the safety

23 of others; or

24 ‘‘(B) suffer substantial emotional distress.


I3402.AEP
405 

120

•HR 3402 IH

1 ‘‘(23) STATE.—The term ‘State’ means each of

2 the several States, the District of Columbia, the

3 Commonwealth of Puerto Rico, and except as other4 wise provided, Guam, American Samoa, the Virgin

5 Islands, and the Northern Mariana Islands.

6 ‘‘(24) STATE DOMESTIC VIOLENCE COALI7 TION.—The term ‘State domestic violence coalition’

8 means a program determined by the Administration

9 for Children and Families under the Family Violence

10 Prevention and Services Act (42 U.S.C. 10410(b)).

11 ‘‘(25) STATE SEXUAL ASSAULT COALITION.—

12 The term ‘State sexual assault coalition’ means a

13 program determined by the Center for Injury Pre14 vention and Control of the Centers for Disease Con15 trol and Prevention under the Public Health Service

16 Act (42 U.S.C. 280b et seq.).

17 ‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR

18 SEXUAL ASSAULT COALITION.—The term ‘territorial

19 domestic violence or sexual assault coalition’ means

20 a program addressing domestic violence that is—

21 ‘‘(A) an established nonprofit, nongovern22 mental territorial coalition addressing domestic

23 violence or sexual assault within the territory;

24 or


I3402.AEQ
406 

121

•HR 3402 IH

1 ‘‘(B) a nongovernmental organization with

2 a demonstrated history of addressing domestic

3 violence or sexual assault within the territory

4 that proposes to incorporate as a nonprofit,

5 nongovernmental territorial coalition.

6 ‘‘(27) TRIBAL COALITION.—The term ‘tribal co7 alition’ means—

8 ‘‘(A) an established nonprofit, nongovern9 mental tribal coalition addressing domestic vio10 lence and sexual assault against American In11 dian and Alaskan Native women; or

12 ‘‘(B) individuals or organizations that pro13 pose to incorporate as nonprofit, nongovern14 mental tribal coalitions to address domestic vio15 lence and sexual assault against American In16 dian and Alaskan Native women.

17 ‘‘(28) TRIBAL GOVERNMENT.—The term ‘tribal

18 government’ means—

19 ‘‘(A) the governing body of an Indian

20 tribe; or

21 ‘‘(B) a tribe, band, pueblo, nation, or other

22 organized group or community of Indians, in23 cluding any Alaska Native village or regional or

24 village corporation (as defined in, or established

25 pursuant to, the Alaska Native Claims SettleVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00410 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AER
407 

122

•HR 3402 IH

1 ment Act (43 U.S.C. 1601 et seq.)), that is rec2 ognized as eligible for the special programs and

3 services provided by the United States to Indi4 ans because of their status as Indians.

5 ‘‘(29) TRIBAL ORGANIZATION.—The term ‘trib6 al organization’ means—

7 ‘‘(A) the governing body of any Indian

8 tribe;

9 ‘‘(B) any legally established organization

10 of Indians which is controlled, sanctioned, or

11 chartered by such governing body of a tribe or

12 tribes to be served, or which is democratically

13 elected by the adult members of the Indian

14 community to be served by such organization

15 and which includes the maximum participation

16 of Indians in all phases of its activities; or

17 ‘‘(C) any tribal nonprofit organization.

18 ‘‘(30) UNDERSERVED POPULATIONS.—The

19 term ‘underserved populations’ includes populations

20 underserved because of geographic location, under21 served racial and ethnic populations, populations un22 derserved because of special needs (such as language

23 barriers, disabilities, alienage status, or age), and

24 any other population determined to be underserved

25 by the Attorney General.


I3402.AES
408 

123

•HR 3402 IH

1 ‘‘(31) VICTIM ADVOCATE.—The term ‘victim

2 advocate’ means a person, whether paid or serving

3 as a volunteer, who provides services to victims of

4 domestic violence, sexual assault, stalking, or dating

5 violence under the auspices or supervision of a vic6 tim services program.

7 ‘‘(32) VICTIM ASSISTANT.—The term ‘victim

8 assistant’ means a person, whether paid or serving

9 as a volunteer, who provides services to victims of

10 domestic violence, sexual assault, stalking, or dating

11 violence under the auspices or supervision of a court

12 or a law enforcement or prosecution agency.

13 ‘‘(33) VICTIM SERVICES OR VICTIM SERVICE

14 PROVIDER.—The term ‘victim services’ or ‘victim

15 service provider’ means a nonprofit, nongovern16 mental organization that assists domestic violence,

17 dating violence, sexual assault, or stalking victims,

18 including rape crisis centers, domestic violence shel19 ters, faith-based organizations, and other organiza20 tions, with a documented history of effective work,

21 or a demonstrated capacity to work effectively, con22 cerning domestic violence, dating violence, sexual as23 sault, or stalking.


I3402.AET
409 

124

•HR 3402 IH

1 ‘‘(34) YOUTH.—The term ‘youth’ means teen

2 and young adult victims of domestic violence, dating

3 violence, sexual assault, or stalking.

4 ‘‘(b) VIOLENCE AGAINST WOMEN PROVISION.—In

5 this section, the term ‘violence against women provision’

6 means any provision required by law to be carried out by

7 or through the Violence Against Women Office.

8 ‘‘SEC. 2000C. REQUIREMENTS THAT APPLY TO ANY GRANT

9 PROGRAM CARRIED OUT BY VIOLENCE

10 AGAINST WOMEN OFFICE.

11 ‘‘(a) IN GENERAL.—In carrying out grants under

12 this part, and in carrying out grants under any other vio13 lence against women grant program, the Director of the

14 Violence Against Women Office shall ensure each of the

15 following:

16 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR

17 PRIVATE INFORMATION.—

18 ‘‘(A) IN GENERAL.—In order to ensure the

19 safety of adult, youth, and minor victims of do20 mestic violence, dating violence, sexual assault,

21 or stalking, and their families, each grantee and

22 subgrantee shall reasonably protect the con23 fidentiality and privacy of persons receiving

24 services.


I3402.AEU
410 

125

•HR 3402 IH

1 ‘‘(B) NONDISCLOSURE.—Subject to sub2 paragraph (C), grantees and subgrantees shall

3 not—

4 ‘‘(i) disclose any personally identifying

5 information or individual information col6 lected in connection with services re7 quested, utilized, or denied through grant8 ees’ and subgrantees’ programs; or

9 ‘‘(ii) reveal individual client informa10 tion without the informed, written, reason11 ably time-limited consent of the person (or

12 in the case of an unemancipated minor, the

13 minor and the parent or guardian or in the

14 case of persons with disabilities, the guard15 ian) about whom information is sought,

16 whether for this program or any other

17 Federal, State, tribal, or territorial grant

18 program.

19 ‘‘(C) RELEASE.—If release of information

20 described in subparagraph (B) is compelled by

21 statutory or court mandate or is requested by

22 a Member of Congress—

23 ‘‘(i) grantees and subgrantees shall

24 make reasonable attempts to provide notice


I3402.AEV
411 

126

•HR 3402 IH

1 to victims affected by the disclosure of in2 formation; and

3 ‘‘(ii) grantees and subgrantees shall

4 take steps necessary to protect the privacy

5 and safety of the persons affected by the

6 release of the information.

7 ‘‘(D) INFORMATION SHARING.—Grantees

8 and subgrantees may share—

9 ‘‘(i) nonpersonally identifying data in

10 the aggregate regarding services to their

11 clients and nonpersonally identifying demo12 graphic information in order to comply

13 with Federal, State, tribal, or territorial

14 reporting, evaluation, or data collection re15 quirements; and

16 ‘‘(ii) court-generated information and

17 law-enforcement generated information

18 contained in secure, governmental reg19 istries for investigation, prosecution, and

20 enforcement purposes.

21 ‘‘(2) APPROVED ACTIVITIES.—In carrying out

22 activities under the grant program, grantees and

23 subgrantees may collaborate with and provide infor24 mation to Federal, State, local, tribal, and territorial

25 public officials and agencies to develop and impleVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00415 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AEW
412 

127

•HR 3402 IH

1 ment policies to reduce or eliminate domestic vio2 lence, dating violence, sexual assault, and stalking.

3 ‘‘(3) NON-SUPPLANTATION.—Any Federal

4 funds received under the grant program shall be

5 used to supplement, not supplant, non-Federal funds

6 that would otherwise be available for the activities

7 carried out under the grant.

8 ‘‘(4) USE OF FUNDS.—Funds authorized and

9 appropriated under the grant program may be used

10 only for the specific purposes described in the grant

11 program and shall remain available until expended.

12 ‘‘(5) EVALUATION.—Grantees must collect data

13 for use to evaluate the effectiveness of the program

14 (or for use to carry out related research), pursuant

15 to the requirements described in paragraph (1)(D).

16 ‘‘(6) PROHIBITION ON LOBBYING.—Any funds

17 appropriated for the grant program shall be subject

18 to the prohibition in section 1913 of title 18, United

19 States Code, relating to lobbying with appropriated

20 moneys.

21 ‘‘(7) PROHIBITION ON TORT LITIGATION.—

22 Funds appropriated for the grant program may not

23 be used to fund civil representation in a lawsuit

24 based on a tort claim. This paragraph shall not be

25 construed as a prohibition on providing assistance to


I3402.AEX
413 

128

•HR 3402 IH

1 obtain restitution in a protection order or criminal

2 case.

3 ‘‘(b) VIOLENCE AGAINST WOMEN GRANT PRO4 GRAM.—In this section, the term ‘violence against women

5 grant program’ means any grant program required by law

6 to be carried out by or through the Violence Against

7 Women Office.’’.

8 TITLE V—ENHANCING JUDICIAL

9 AND LAW ENFORCEMENT

10 TOOLS TO COMBAT VIOLENCE

11 SEC. 501. STOP GRANTS IMPROVEMENTS.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1001(a)(18) of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3793(a)(8)) is amended

15 by striking ‘‘$185,000,000 for each of fiscal years 2001

16 through 2005’’ and inserting ‘‘$215,000,000 for each of

17 fiscal years 2006 through 2010’’.

18 (b) PURPOSE AREA ENHANCEMENTS.—Section

19 2001(b) of title I of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended—

21 (1) by striking ‘‘, and specifically, for the pur22 poses of—’’ and inserting ‘‘, including collaborating

23 with and informing public officials and agencies in

24 order to develop and implement policies to reduce or

25 eliminate domestic violence, dating violence, sexual


I3402.AEY
414 

129

•HR 3402 IH

1 assault, and stalking, and specifically only for the

2 purposes of—’’;

3 (2) in paragraph (5), by inserting after ‘‘protec4 tion orders are granted,’’ the following: ‘‘supporting

5 nonprofit nongovernmental victim services programs

6 and tribal organizations in working with public offi7 cials and agencies to develop and implement policies,

8 rules, and procedures in order to reduce or eliminate

9 domestic violence, dating violence, sexual assault,

10 and stalking,’’;

11 (3) in paragraph (10), by striking ‘‘and’’ after

12 the semicolon;

13 (4) in paragraph (11), by striking the period

14 and inserting ‘‘; and’’; and

15 (5) by adding at the end the following:

16 ‘‘(12) maintaining core victim services and

17 criminal justice initiatives, while supporting com18 plementary new initiatives and emergency services

19 for victims and their families.’’.

20 (c) CLARIFICATION OF ACTIVITIES REGARDING UN21 DERSERVED POPULATIONS.—Section 2007 of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42

23 U.S.C. 3796gg–1) is amended—

24 (1) in subsection (c)(2), by inserting before the

25 semicolon the following: ‘‘and describe how the State


I3402.AEZ
415 

130

•HR 3402 IH

1 will address the needs of racial and ethnic minorities

2 and other underserved populations’’; and

3 (2) in subsection (e)(2), by striking subpara4 graph (D) and inserting the following:

5 ‘‘(D) recognize and meaningfully respond

6 to the needs of racial and ethnic and other un7 derserved populations and ensure that monies

8 set aside to fund services and activities for ra9 cial and ethnic and other underserved popu10 lations are distributed equitably among those

11 populations.’’.

12 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section

13 2007 of the Omnibus Crime Control and Safe Streets Act

14 of 1968 (42 U.S.C. 3796gg–1), as amended by subsection

15 (c), is further amended—

16 (1) in subsection (b)—

17 (A) in paragraph (1), by striking ‘‘5 per18 cent’’ and inserting ‘‘10 percent’’;

(B) in paragraph (2), by striking ‘‘1 19 ⁄54’’

and inserting ‘‘1 20 ⁄56’’;

21 (C) in paragraph (3), by striking ‘‘and the

22 coalition for the combined Territories of the

23 United States, each receiving an amount equal

to 1 24 ⁄54’’ and inserting ‘‘Guam, American Samoa,

25 the United States Virgin Islands, and the ComVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00419 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFA
416 

131

•HR 3402 IH

1 monwealth of the Northern Mariana Islands,

each receiving an amount equal to 1 2 ⁄56’’;

(D) in paragraph (4), by striking ‘‘1 3 ⁄54’’

and inserting ‘‘1 4 ⁄56’’;

5 (E) in paragraph (5), by striking ‘‘and’’

6 after the semicolon;

7 (F) in paragraph (6), by striking the pe8 riod and inserting ‘‘; and’’; and

9 (G) by adding at the end:

10 ‘‘(7) such funds shall remain available until ex11 pended.’’;

12 (2) in subsection (c)(3)(B), by inserting after

13 ‘‘victim services’’ the following: ‘‘, of which at least

14 10 percent shall be distributed to culturally specific

15 community-based organizations’’; and

16 (3) in subsection (d)—

17 (A) in paragraph (2), by striking ‘‘and’’

18 after the semicolon;

19 (B) in paragraph (3), by striking the pe20 riod and inserting ‘‘; and’’; and

21 (C) by adding at the end the following:

22 ‘‘(4) a memorandum of understanding showing

23 that tribal, territorial, State, or local prosecution,

24 law enforcement, and court and victim service pro25 vider subgrantees have consulted with tribal, terriVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00420 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFB
417 

132

•HR 3402 IH

1 torial, State, or local victim services programs dur2 ing the course of developing their grant applications

3 in order to ensure that proposed services, activities

4 and equipment acquisitions are designed to promote

5 the safety, confidentiality, and economic independ6 ence of victims of domestic violence, sexual assault,

7 stalking, and dating violence.’’.

8 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

9 COLLECTION.—Section 2007 of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

11 1), as amended by this section, is further amended by add12 ing at the end the following:

13 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

14 COLLECTION.—

15 ‘‘(1) IN GENERAL.—Of the total amounts ap16 propriated under this part, not less than 3 percent

17 and up to 8 percent shall be available for providing

18 training, technical assistance, and data collection re19 lating to the purpose areas of this part to improve

20 the capacity of grantees, subgrantees, and other en21 tities to offer services and assistance to victims of

22 domestic violence, sexual assault, stalking, and dat23 ing violence.

24 ‘‘(2) INDIAN TRAINING.—The Director of the

25 Violence Against Women Office shall ensure that


I3402.AFC
418 

133

•HR 3402 IH

1 training, technical assistance, and data collection re2 garding violence against Indian women will be devel3 oped and provided by entities having expertise in

4 tribal law and culture.

5 ‘‘(j) LIMITS ON INTERNET PUBLICATION OF

6 REGISTRATION INFORMATION.—As a condition of

7 receiving grant amounts under this part, the recipi8 ent shall not make available publicly on the Internet

9 any information regarding the registration or filing

10 of a protection order, restraining order, or injunction

11 in either the issuing or enforcing State, tribal, or

12 territorial jurisdiction, if such publication would be

13 likely to publicly reveal the identity or location of the

14 party protected under such order. A State, Indian

15 tribe, or territory may share court-generated law en16 forcement generated information contained in se17 cure, governmental registries for protection order en18 forcement purposes.’’.

19 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

20 Section 2010 of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by

22 adding at the end the following:

23 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov24 ernment may use Federal grant funds under this part to

25 pay for forensic medical exams performed by trained exVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00422 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFD
419 

134

•HR 3402 IH

1 aminers for victims of sexual assault, except that such

2 funds may not be used to pay for forensic medical exams

3 by any State or Indian tribal government that requires

4 victims of sexual assault to seek reimbursement for such

5 exams from their insurance carriers.

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to permit a State to require a vic8 tim of sexual assault to participate in the criminal justice

9 system or cooperate with law enforcement in order to be

10 provided with a forensic medical exam, reimbursement for

11 charges incurred on account of such an exam, or both.’’.

12 (g) POLYGRAPH TESTING PROHIBITION.—Part T of

13 the Omnibus Crime Control and Safe Streets Act of 1968

14 (42 U.S.C. 3796gg et seq.) is amended by adding at the

15 end the following new section:

16 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION.

17 ‘‘In order to be eligible for grants under this part,

18 a State, Indian tribal government, or unit of local govern19 ment must certify within three years of enactment of the

20 Violence Against Women Reauthorization Act of 2005

21 that their laws, policies, or practices ensure that no law

22 enforcement officer, prosecuting officer, or other govern23 ment official shall ask or require an adult, youth, or minor

24 victim of a sex offense as defined under Federal, tribal,

25 State, territorial or local law to submit to a polygraph exVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00423 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFE
420 

135

•HR 3402 IH

1 amination or similar truth-telling device or method as a

2 condition for proceeding with the investigation, charging

3 or prosecution of such an offense. A victim’s refusal to

4 submit to the aforementioned shall not prevent the inves5 tigation, charging or prosecution of the pending case.’’.

6 (h) NO MATCHING REQUIREMENT.—Part T of the

7 Omnibus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796gg et seq.) is further amended by adding at

9 the end the following new section:

10 ‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN

11 GRANTEES.

12 ‘‘No matching funds shall be required for a grant or

13 subgrant made under this part, if made—

14 ‘‘(1) to a law enforcement agency having fewer

15 than 20 officers;

16 ‘‘(2) to a victim service provider having an an17 nual operating budget of less than $5,000,000; or

18 ‘‘(3) to any entity that the Attorney General de19 termines has adequately demonstrated financial

20 need.’’.

21 SEC. 502. GRANTS TO ENCOURAGE ARREST AND ENFORCE

22 PROTECTION ORDERS IMPROVEMENTS.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

24 1001(a)(19) of the Omnibus Crime Control and Safe

25 Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended


I3402.AFF
421 

136

•HR 3402 IH

1 by striking ‘‘$65,000,000 for each of fiscal years 2001

2 through 2005.’’ and inserting ‘‘$75,000,000 for each of

3 fiscal years 2006 through 2010. Funds appropriated

4 under this paragraph shall remain available until ex5 pended.’’.

6 (b) GRANTEE REQUIREMENTS.—Section 2101 of the

7 Omnibus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796hh) is amended—

9 (1) in subsection (a), by striking ‘‘to treat do10 mestic violence as a serious violation’’ and inserting

11 ‘‘to treat domestic violence, dating violence, sexual

12 assault, and stalking as serious violations’’;

13 (2) in subsection (b)—

14 (A) in the matter before paragraph (1), by

15 inserting after ‘‘State’’ the following: ‘‘, tribal,

16 territorial,’’;

17 (B) in paragraph (1), by striking ‘‘manda18 tory arrest or’’;

19 (C) in paragraph (2), by—

20 (i) inserting after ‘‘educational pro21 grams,’’ the following: ‘‘protection order

22 registries,’’;

23 (ii) striking ‘‘domestic violence and

24 dating violence.’’ and inserting ‘‘domestic

25 violence, dating violence, sexual assault,


I3402.AFG
422 

137

•HR 3402 IH

1 and stalking. Such policies, educational

2 programs, registries, and training shall in3 corporate confidentiality and privacy pro4 tections for victims of domestic violence,

5 dating violence, sexual assault, and stalk6 ing.’’;

7 (D) in paragraph (3), by—

8 (i) striking ‘‘domestic violence cases’’

9 and inserting ‘‘domestic violence, dating vi10 olence, sexual assault, and stalking cases’’;

11 and

12 (ii) striking ‘‘groups’’ and inserting

13 ‘‘teams’’;

14 (E) in paragraph (5), by striking ‘‘domes15 tic violence and dating violence’’ and inserting

16 ‘‘domestic violence, dating violence, sexual as17 sault, and stalking’’;

18 (F) in paragraph (6), by—

19 (i) striking ‘‘other’’ and inserting

20 ‘‘civil’’; and

21 (ii) inserting after ‘‘domestic violence’’

22 the following: ‘‘, dating violence, sexual as23 sault, and stalking’’; and

24 (G) by adding at the end the following:


I3402.AFH
423 

138

•HR 3402 IH

1 ‘‘(9) To enhance and support the capacity of

2 victims services programs to collaborate with and in3 form efforts by State and local jurisdictions and

4 public officials and agencies to develop best practices

5 and policies regarding arrest of domestic violence,

6 dating violence, sexual assault, and stalking offend7 ers and to strengthen protection order enforcement

8 and to reduce or eliminate domestic violence, dating

9 violence, sexual assault, and stalking.

10 ‘‘(10) To develop State, tribal, territorial, or

11 local policies, procedures, and protocols for pre12 venting dual arrests and prosecutions in cases of do13 mestic violence, dating violence, sexual assault, and

14 stalking and to develop effective methods for identi15 fying the pattern and history of abuse that indicates

16 which party is the actual perpetrator of abuse.

17 ‘‘(11) To plan, develop and establish com18 prehensive victim service and support centers, such

19 as family justice centers, designed to bring together

20 victim advocates from non-profit, non-governmental

21 victim services organizations, law enforcement offi22 cers, prosecutors, probation officers, governmental

23 victim assistants, forensic medical professionals, civil

24 legal attorneys, chaplains, legal advocates, represent25 atives from community-based organizations and


I3402.AFI
424 

139

•HR 3402 IH

1 other relevant public or private agencies or organiza2 tions into one centralized location, in order to im3 prove safety, access to services, and confidentiality

4 for victims and families.

5 ‘‘(12) To develop and implement policies and

6 training for police, prosecutors, and the judiciary in

7 recognizing, investigating, and prosecuting instances

8 of sexual assault, with an emphasis on recognizing

9 the threat to the community for repeat crime per10 petration by such individuals.’’;

11 (3) in subsection (c)—

12 (A) in paragraph (3), by striking ‘‘and’’

13 after the semicolon;

14 (B) in paragraph (4), by striking the pe15 riod and inserting ‘‘; and’’; and

16 (C) by adding at the end the following:

17 ‘‘(5) certify within three years of enactment of

18 the Violence Against Women Reauthorization Act of

19 2005 that their laws, policies, or practices ensure

20 that—

21 ‘‘(A) no law enforcement officer, pros22 ecuting officer or other government official shall

23 ask or require an adult, youth, or minor victim

24 of a sex offense as defined under Federal, trib25 al, State, territorial, or local law to submit to


I3402.AFJ
425 

140

•HR 3402 IH

1 a polygraph examination or other truth telling

2 device as a condition for proceeding with the in3 vestigation, charging or prosecution of such an

4 offense; and

5 ‘‘(B) the refusal of a victim to submit to

6 an examination described in subparagraph (A)

7 shall not prevent the investigation, charging or

8 prosecution of the offense.’’; and

9 (4) by striking subsections (d) and (e) and in10 serting the following:

11 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—Not less

12 than 10 percent of the total amount made available for

13 grants under this section for each fiscal year shall be avail14 able for grants to Indian tribe governments.’’.

15 (c) APPLICATIONS.—Section 2102(b) of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

17 3796hh–1(b)) is amended in each of paragraphs (1) and

18 (2) by inserting after ‘‘involving domestic violence’’ the fol19 lowing: ‘‘, dating violence, sexual assault, or stalking’’.

20 (d) TRAINING, TECHNICAL ASSISTANCE, AND DATA

21 COLLECTION.—Part U of title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh

23 et seq.) is amended by adding at the end the following:


I3402.AFK
426 

141

•HR 3402 IH

1 ‘‘SEC. 2106. TRAINING, TECHNICAL ASSISTANCE, AND DATA

2 COLLECTION.

3 ‘‘Of the total amounts appropriated under this part,

4 not less than 5 percent and up to 8 percent shall be avail5 able for providing training, technical assistance, and data

6 collection relating to the purpose areas of this part to im7 prove the capacity of grantees, subgrantees, and other en8 tities to offer services and assistance to victims of domes9 tic violence and dating violence.’’.

10 SEC. 503. LEGAL ASSISTANCE FOR VICTIMS IMPROVE11 MENTS.

12 Section 1201 of the Violence Against Women Act of

13 2000 (42 U.S.C. 3796gg–6) is amended—

14 (1) in subsection (a), by—

15 (A) inserting before ‘‘legal assistance’’ the

16 following: ‘‘civil and criminal’’;

17 (B) inserting after ‘‘effective aid to’’ the

18 following: ‘‘adult, youth, and minor’’; and

19 (C) striking ‘‘domestic violence, stalking,

20 or sexual assault’’ and inserting ‘‘domestic vio21 lence, dating violence, sexual assault, or stalk22 ing’’;

23 (2) in subsection (c), by striking ‘‘private non24 profit entities, Indian tribal governments,’’ and in25 serting ‘‘nonprofit, nongovernmental organizations,


I3402.AFL
427 

142

•HR 3402 IH

1 Indian tribal governments and tribal organizations,

2 territorial organizations,’’;

3 (3) in each of paragraphs (1), (2), and (3) of

4 subsection (c), by striking ‘‘victims of domestic vio5 lence, stalking, and sexual assault’’ and inserting

6 ‘‘victims of domestic violence, dating violence, sexual

7 assault, and stalking’’;

8 (4) in subsection (d)—

9 (A) in paragraph (1), by striking ‘‘domes10 tic violence or sexual assault’’ and inserting

11 ‘‘domestic violence, dating violence, sexual as12 sault, or stalking’’;

13 (B) by striking paragraphs (2) and (3) and

14 inserting the following:

15 ‘‘(2) any training program conducted in satis16 faction of the requirement of paragraph (1) has been

17 or will be developed with input from and in collabo18 ration with a tribal, State, territorial, or local do19 mestic violence, dating violence, sexual assault or

20 stalking organization or coalition, as well as appro21 priate tribal, State, territorial, and local law enforce22 ment officials;

23 ‘‘(3) any person or organization providing legal

24 assistance through a program funded under sub25 section (c) has informed and will continue to inform


I3402.AFM
428 

143

•HR 3402 IH

1 tribal, State, territorial, or local domestic violence,

2 dating violence, sexual assault or stalking organiza3 tions and coalitions, as well as appropriate tribal,

4 State, territorial, and local law enforcement officials

5 of their work; and’’; and

6 (C) in paragraph (4), by inserting ‘‘dating

7 violence,’’ after ‘‘domestic violence,’’;

8 (5) in subsection (e), by inserting ‘‘dating vio9 lence,’’ after ‘‘domestic violence,’’; and

10 (6) in subsection (f)—

11 (A) by striking paragraph (1) and insert12 ing the following:

13 ‘‘(1) IN GENERAL.—There is authorized to be

14 appropriated to carry out this section $60,000,000

15 for each of fiscal years 2006 through 2010. Funds

16 appropriated under this section shall remain avail17 able until expended and may be used only for the

18 specific programs and activities described in this sec19 tion. Funds appropriated under this section may not

20 be used for advocacy.’’; and

21 (B) in paragraph (2)—

22 (i) in subparagraph (A), by—

23 (I) striking ‘‘5 percent’’ and in24 serting ‘‘10 percent’’;


I3402.AFN
429 

144

•HR 3402 IH

1 (II) striking ‘‘programs’’ and in2 serting ‘‘tribal governments or tribal

3 organizations’’;

4 (III) inserting ‘‘adult, youth, and

5 minor’’ after ‘‘that assist’’; and

6 (IV) striking ‘‘domestic violence,

7 stalking, and sexual assault’’ and in8 serting ‘‘domestic violence, dating vio9 lence, sexual assault, and stalking’’;

10 and

11 (ii) in subparagraph (B), by striking

12 ‘‘technical assistance to support projects

13 focused solely or primarily on providing

14 legal assistance to victims of sexual as15 sault’’ and inserting ‘‘technical assistance

16 in civil and crime victim matters to adult,

17 youth, and minor victims of sexual as18 sault’’.

19 SEC. 504. COURT TRAINING AND IMPROVEMENTS.

20 The Violence Against Women Act of 1994 is amended

21 by adding after subtitle I (42 U.S.C. 14042) the following:


I3402.AFO
430 

145

•HR 3402 IH

1 ‘‘Subtitle J—Violence Against

2 Women Act Court Training and

3 Improvements

4 ‘‘SEC. 41001. SHORT TITLE.

5 ‘‘This subtitle may be cited as the ‘Violence Against

6 Women Act Court Training and Improvements Act of

7 2005’.

8 ‘‘SEC. 41002. GRANTS FOR COURT TRAINING AND IMPROVE9 MENTS.

10 ‘‘(a) PURPOSE.—The purpose of this section is to en11 able the Attorney General, though the Director of the Of12 fice on Violence Against Women, to award grants to im13 prove court responses to adult, youth, and minor domestic

14 violence, dating violence, sexual assault, and stalking to

15 be used for the following purposes—

16 ‘‘(1) improved internal civil and criminal court

17 functions, responses, practices, and procedures;

18 ‘‘(2) education for court-based and court-related

19 personnel on issues relating to victims’ needs, in20 cluding safety, security, privacy, confidentiality and

21 economic independence, as well as information about

22 perpetrator behavior and best practices for holding

23 perpetrators accountable;

24 ‘‘(3) collaboration and training with Federal,

25 State, and local public agencies and officials and


I3402.AFP
431 

146

•HR 3402 IH

1 nonprofit, non-governmental organizations to im2 prove implementation and enforcement of relevant

3 Federal, State, tribal, territorial and local law;

4 ‘‘(4) to enable courts or court-based or court-re5 lated programs to develop new or enhance current—

6 ‘‘(A) court infrastructure (such as special7 ized courts, dockets, intake centers, or inter8 preter services and linguistically and culturally

9 specific services);

10 ‘‘(B) community-based initiatives within

11 the court system (such as court watch pro12 grams, victim advocates, or community-based

13 supplementary services);

14 ‘‘(C) offender management, monitoring,

15 and accountability programs;

16 ‘‘(D) safe and confidential information17 storage and -sharing databases within and be18 tween court systems;

19 ‘‘(E) education and outreach programs

20 (such as interpreters) to improve community

21 access, including enhanced access for racial and

22 ethnic communities and racial and ethnic and

23 other underserved populations (as defined in

24 section 2000B of the Omnibus Crime Control

25 and Safe Streets Act of 1968); and


I3402.AFQ
432 

147

•HR 3402 IH

1 ‘‘(F) other projects likely to improve court

2 responses to domestic violence, dating violence,

3 sexual assault, and stalking; and

4 ‘‘(5) to provide training, technical assistance,

5 and data collection to tribal, Federal, State, terri6 torial or local courts wishing to improve their prac7 tices and procedures or to develop new programs.

8 ‘‘(b) GRANT REQUIREMENTS.—Grants awarded

9 under this section shall be subject to the following condi10 tions:

11 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees

12 may include—

13 ‘‘(A) tribal, Federal, State, territorial or

14 local courts or court-based programs, provided

15 that the court’s internal organizational policies,

16 procedures, or rules do not require mediation or

17 counseling between offenders and victims phys18 ically together in cases where domestic violence,

19 dating violence, sexual assault, or stalking is an

20 issue; and

21 ‘‘(B) national, tribal, State, or local pri22 vate, nonprofit organizations with demonstrated

23 expertise in developing and providing judicial

24 education about domestic violence, dating vio25 lence, sexual assault, or stalking.


I3402.AFR
433 

148

•HR 3402 IH

1 ‘‘(2) CONDITIONS OF ELIGIBILITY FOR CERTAIN

2 GRANTS.—

3 ‘‘(A) COURT PROGRAMS.—To be eligible

4 for a grant under subsection (a)(4), applicants

5 shall certify in writing that any courts or court6 based personnel working directly with or mak7 ing decisions about adult, youth, or minor par8 ties experiencing domestic violence, dating vio9 lence, sexual assault, and stalking have com10 pleted or will complete education about domes11 tic violence, dating violence, sexual assault, and

12 stalking.

13 ‘‘(B) EDUCATION PROGRAMS.—To be eligi14 ble for a grant under subsection (a)(2), appli15 cants shall certify in writing that any education

16 program developed under subsection (a)(2) has

17 been or will be developed with significant input

18 from and in collaboration with a national, trib19 al, State, territorial, or local victim services pro20 vider or coalition.

21 ‘‘(c) EVALUATION.—

22 ‘‘(1) IN GENERAL.—The Attorney General,

23 through the Director of the Office on Violence

24 Against Women, may evaluate the grants funded

25 under this section.


I3402.AFS
434 

149

•HR 3402 IH

1 ‘‘(2) TRIBAL GRANTEES.—Evaluation of tribal

2 grantees under this section shall be conducted by en3 tities with expertise in Federal Indian law and tribal

4 court practice.

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(1) IN GENERAL.—There is authorized to be

7 appropriated to carry out this section $4,000,000 for

8 each of fiscal years 2006 to 2010.

9 ‘‘(2) SET ASIDE.—Of the amounts made avail10 able under this section in each fiscal year, not less

11 than 10 percent shall be used for grants to tribes.

12 ‘‘SEC. 41003. NATIONAL AND TRIBAL EDUCATIONAL CUR13 RICULA.

14 ‘‘(a) NATIONAL CURRICULA.—

15 ‘‘(1) IN GENERAL.—The Attorney General,

16 through the Director of the Office on Violence

17 Against Women, shall fund efforts to develop a na18 tional education curriculum for use by State and na19 tional judicial educators to ensure that all courts

20 and court personnel have access to information

21 about relevant Federal, State, territorial, or local

22 law, promising practices, procedures, and policies re23 garding court responses to adult, youth, and minor

24 domestic violence, dating violence, sexual assault,

25 and stalking.


I3402.AFT
435 

150

•HR 3402 IH

1 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel2 oped under this subsection—

3 ‘‘(A) shall be developed by an entity or en4 tities having demonstrated expertise in devel5 oping judicial education curricula on issues re6 lating to domestic violence, dating violence, sex7 ual assault, and stalking; or

8 ‘‘(B) if the primary grantee does not have

9 demonstrated expertise such issues, the cur10 ricula shall be developed by the primary grantee

11 in partnership with an organization having such

12 expertise.

13 ‘‘(b) TRIBAL CURRICULA.—

14 ‘‘(1) IN GENERAL.—The Attorney General,

15 through the Office on Violence Against Women,

16 shall fund efforts to develop education curricula for

17 tribal court judges to ensure that all tribal courts

18 have relevant information about promising practices,

19 procedures, policies, and law regarding tribal court

20 responses to adult, youth, and minor domestic vio21 lence, dating violence, sexual assault, and stalking.

22 ‘‘(2) ELIGIBLE ENTITIES.—Any curricula devel23 oped under this subsection—

24 ‘‘(A) shall be developed by a tribal organi25 zation having demonstrated expertise in develVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00439 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFU
436 

151

•HR 3402 IH

1 oping judicial education curricula on issues re2 lating to domestic violence, dating violence, sex3 ual assault, and stalking; and

4 ‘‘(B) if the primary grantee does not have

5 such expertise, the curricula shall be developed

6 by the primary grantee through partnership

7 with organizations having such expertise.

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—There is authorized to be

10 appropriated to carry out this section $1,000,000 for

11 each of fiscal years 2006 to 2010.

12 ‘‘(2) AVAILABILITY.—Funds appropriated

13 under this section shall remain available until ex14 pended and may only be used for the specific pro15 grams and activities described in this section.

16 ‘‘(3) SET ASIDE.—Of the amounts made avail17 able under this section in each fiscal year, not less

18 than 10 percent shall be used for grants to tribes.

19 ‘‘SEC. 41004. ACCESS TO JUSTICE FOR TEENS.

20 ‘‘(a) PURPOSE.—It is the purpose of this section to

21 encourage cross training and collaboration between the

22 courts, domestic violence and sexual assault service pro23 viders, youth organizations and service providers, violence

24 prevention programs, and law enforcement agencies, so

25 that communities can establish and implement policies,


I3402.AFV
437 

152

•HR 3402 IH

1 procedures, and practices to protect and more comprehen2 sively and effectively serve youth victims of dating vio3 lence, domestic violence, sexual assault, and stalking be4 tween the ages of 12 and 24, and to engage, where nec5 essary, other entities addressing the safety, health, mental

6 health, social service, housing, and economic needs of

7 youth victims of domestic violence, dating violence, sexual

8 assault, and stalking.

9 ‘‘(b) GRANT AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The Attorney General,

11 through the Director of the Office on Violence

12 Against Women (in this section referred to as the

13 ‘Director’), shall make grants to eligible entities to

14 enable entities to jointly carry out cross training and

15 other collaborative initiatives that seek to carry out

16 the purposes of this section. Amounts appropriated

17 under this section may only be used for programs

18 and activities described under subsection (c).

19 ‘‘(2) GRANT PERIODS.—Grants shall be award20 ed under this section for a period of 3 fiscal years.

21 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a

22 grant under this section, a grant applicant shall es23 tablish a collaboration that shall include—

24 ‘‘(A) a Tribal, State, Territorial or local

25 juvenile, family, civil, criminal or other trial


I3402.AFW
438 

153

•HR 3402 IH

1 court with jurisdiction over domestic violence,

2 dating violence, sexual assault or stalking cases

3 (hereinafter referred to as ‘‘courts’’); and

4 ‘‘(B) a victim service provider that has ex5 perience in working on domestic violence, dating

6 violence, sexual assault, or stalking and the ef7 fect that those forms of abuse have on young

8 people.

9 ‘‘(c) USES OF FUNDS.—An entity that receives a

10 grant under this section shall use the funds made available

11 through the grant for cross-training and collaborative ef12 forts to—

13 ‘‘(1) assess and analyze currently available serv14 ices for youth victims of domestic violence, dating vi15 olence, sexual assault, and stalking, determine rel16 evant barriers to such services in a particular local17 ity;

18 ‘‘(2) establish and enhance linkages and col19 laboration between courts, domestic violence or sex20 ual assault service providers, and, where applicable,

21 law enforcement agencies, and other entities ad22 dressing the safety, health, mental health, social

23 service, housing, and economic needs of youth vic24 tims of domestic violence, dating violence, sexual as25 sault or stalking, including community-based supVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00442 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AFX
439 

154

•HR 3402 IH

1 ports such as schools, local health centers, commu2 nity action groups, and neighborhood coalitions to

3 identify, assess, and respond appropriately to the

4 varying needs of youth victims of dating violence,

5 domestic violence, sexual assault or stalking;

6 ‘‘(3) educate the staff of courts, domestic vio7 lence and sexual assault service providers, and, as

8 applicable, the staff of law enforcement agencies,

9 youth organizations, schools, healthcare providers

10 and other community prevention and intervention

11 programs to responsibly address youth victims and

12 perpetrators of domestic violence, dating violence,

13 sexual assault and stalking, and to understand rel14 evant laws, court procedures and policies; and

15 ‘‘(4) provide appropriate resources in juvenile

16 court matters to respond to dating violence, domestic

17 violence, sexual assault and stalking and assure nec18 essary services dealing with the health and mental

19 health of youth victims are available.

20 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a

21 grant under this section, the entities that are members

22 of the applicant collaboration described in subsection

23 (b)(3) shall jointly submit an application to the Director

24 at such time, in such manner, and containing such infor25 mation as the Director may require.


I3402.AFY
440 

155

•HR 3402 IH

1 ‘‘(e) PRIORITY.—In awarding grants under this sec2 tion, the Director shall give priority to entities that have

3 submitted applications in partnership with law enforce4 ment agencies and religious and community organizations

5 and service providers that work primarily with youth, es6 pecially teens, and who have demonstrated a commitment

7 to coalition building and cooperative problem solving in

8 dealing with problems of dating violence, domestic vio9 lence, sexual assault, and stalking in teen populations.

10 ‘‘(f) DISTRIBUTION.—In awarding grants under this

11 section—

12 ‘‘(1) not less than 10 percent of funds appro13 priated under this section in any year shall be avail14 able for grants to collaborations involving tribal

15 courts, tribal coalitions, tribal organizations, or do16 mestic violence or sexual assault service providers

17 the primary purpose of which is to provide culturally

18 relevant services to American Indian or Alaska Na19 tive women or youth;

20 ‘‘(2) the Attorney General shall not use more

21 than 2.5 percent of funds appropriated under this

22 section in any year for monitoring and evaluation of

23 grants made available under this section;

24 ‘‘(3) the Attorney General shall not use more

25 than 2.5 percent of funds appropriated under this


I3402.AFZ
441 

156

•HR 3402 IH

1 section in any year for administration of grants

2 made available under this section; and

3 ‘‘(4) up to 8 percent of funds appropriated

4 under this section in any year shall be available to

5 provide training, technical assistance, and data col6 lection for programs funded under this section.

7 ‘‘(g) REPORTS.—

8 ‘‘(1) REPORTS.—Each of the entities that are

9 members of the applicant collaboration described in

10 subsection (b)(3) and that receive a grant under this

11 section shall jointly prepare and submit a report to

12 the Attorney General every 18 months detailing the

13 activities that the entities have undertaken under

14 the grant and such additional information as the At15 torney General may require. Each such report shall

16 contain information on—

17 ‘‘(A) the activities implemented by the re18 cipients of the grants awarded under this sec19 tion; and

20 ‘‘(B) related initiatives undertaken by the

21 Director to promote attention to dating vio22 lence, domestic violence, sexual assault, and

23 stalking and their impact on young victims

24 by—

25 ‘‘(i) the staffs of courts;


I3402.AGA
442 

157

•HR 3402 IH

1 ‘‘(ii) domestic violence, dating vio2 lence, sexual assault, and stalking service

3 providers; and

4 ‘‘(iii) law enforcement agencies and

5 community organizations.

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section,

8 $5,000,000 for each of fiscal years 2006 through 2010.’’.

9 SEC. 505. FULL FAITH AND CREDIT IMPROVEMENTS.

10 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

11 BY TERRITORIES.—Section 2265 of title 18, United

12 States Code, is amended—

13 (1) by striking ‘‘State or Indian tribe’’ each

14 place it appears and inserting ‘‘State, Indian tribe,

15 or territory’’;

16 (2) by striking ‘‘State or tribal’’ each place it

17 appears and inserting ‘‘State, tribal, or territorial’’;

18 and

19 (3) in subsection (a) by striking ‘‘State or

20 tribe’’ and inserting ‘‘State, Indian tribe, or terri21 tory’’.

22 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE23 MENT AUTHORITY AND RESPONSIBILITIES.—Section

24 2265(a) of title 18, United States Code, is amended by

25 striking ‘‘and enforced as if it were’’ and inserting ‘‘and


I3402.AGB
443 

158

•HR 3402 IH

1 enforced by the court and law enforcement personnel of

2 the other State, Indian tribal government, or Territory as

3 if it were’’.

4 (c) PROTECTION ORDERS.—Sections 2265 and 2266

5 of title 18, United States Code, are both amended by strik6 ing ‘‘protection order’’ each place it appears and inserting

7 ‘‘protection order, restraining order, or injunction’’.

8 (d) DEFINITIONS.—Section 2266 of title 18, United

9 States Code, is amended by striking paragraph (5) and

10 inserting the following:

11 ‘‘(5) PROTECTION ORDER, RESTRAINING

12 ORDER, OR INJUNCTION.—The term ‘protection

13 order, restraining order, or injunction’ includes—

14 ‘‘(A) any injunction or other order issued

15 by a civil or criminal court for the purpose of

16 preventing violent or threatening acts or har17 assment against, sexual violence, or contact or

18 communication with or physical proximity to,

19 another person, including any temporary or

20 final order issued by a civil or criminal court

21 whether obtained by filing an independent ac22 tion or as a pendente lite order in another pro23 ceeding so long as any civil or criminal order

24 was issued in response to a complaint, petition,


I3402.AGC
444 

159

•HR 3402 IH

1 or motion filed by or on behalf of a person seek2 ing protection; and

3 ‘‘(B) any support, child custody or visita4 tion provisions, orders, remedies or relief issued

5 as part of a protection order, restraining order,

6 or injunction pursuant to State, tribal, terri7 torial, or local law authorizing the issuance of

8 protection orders, restraining orders, or injunc9 tions for the protection of victims of domestic

10 violence, sexual assault, dating violence, or

11 stalking.’’.

12 SEC. 506. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES13 TIC VIOLENCE, DATING VIOLENCE, SEXUAL

14 VIOLENCE, AND STALKING.

15 The Violence Against Women Act of 1994, as amend16 ed by this Act, is further amended by adding after subtitle

17 J (as added by section 504) the following:

18 ‘‘Subtitle K—Privacy Protections

19 for Victims of Domestic Vio20 lence, Dating Violence, Sexual

21 Violence, and Stalking

22 ‘‘SEC. 41101. TASK FORCE.

23 ‘‘The Attorney General shall establish a task force

24 to review and report on policies, procedures, and techno25 logical issues that may affect the privacy and confidenVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00448 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AGD
445 

160

•HR 3402 IH

1 tiality of victims of domestic violence, dating violence,

2 stalking and sexual assault. The Attorney General shall

3 include representatives from States, tribes, territories, law

4 enforcement, court personnel, and private nonprofit orga5 nizations whose mission is to help develop a best practices

6 model to prevent personally identifying information of

7 adult, youth, and minor victims of domestic violence, dat8 ing violence, stalking and sexual assault from being re9 leased to the detriment of such victimized persons. The

10 Attorney General shall designate one staff member to

11 work with the task force. The Attorney General is author12 ized to make grants to develop a demonstration project

13 to implement the best practices identified by the Task

14 Force.

15 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to carry out this subtitle $1,000,000 for each of

18 fiscal years 2006 through 2010.

19 ‘‘(b) AVAILABILITY.—Amounts appropriated under

20 this section shall remain available until expended and may

21 only be used for the specific programs and activities de22 scribed in this subtitle.’’.

23 SEC. 507. STALKER DATABASE.

24 Section 40603 of the Violence Against Women Act

25 of 1994 (42 U.S.C. 14032) is amended—


I3402.AGE
446 

161

•HR 3402 IH

1 (1) by striking ‘‘2001’’ and inserting ‘‘2006’’;

2 and

3 (2) by striking ‘‘2006’’ and inserting ‘‘2010’’.

4 SEC. 508. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.

5 Section 40114 of the Violence Against Women Act

6 of 1994 is amended to read as follows:

7 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS8 SISTANTS.

9 ‘‘There are authorized to be appropriated to the At10 torney General for the purpose of appointing victim assist11 ants for the prosecution of sex crimes and domestic vio12 lence crimes where applicable (such as the District of Co13 lumbia), $1,000,000 for each of fiscal years 2006 through

14 2010.’’.

15 SEC. 509. PREVENTING CYBERSTALKING.

16 Section 2261A of title 18, United States Code, is

17 amended—

18 (1) in paragaph (1)—

19 (A) by inserting after ‘‘intimidate’’ the fol20 lowing: ‘‘, or places under surveillance with the

21 intent to kill, injure, haras, or intimidate,’’; and

22 (B) by inserting after ‘‘or serious bodily in23 jury to,’’ the following: ‘‘or causes substantial

24 emotional harm to,’’;


I3402.AGF
447 

162

•HR 3402 IH

1 (2) in paragraph (2)(A), by striking ‘‘to kill or

2 injure’’ and inserting ‘‘to kill, injure, harass, or in3 timidate, or places under surveillance with the intent

4 to kill, injure, harass, or intimidate, or to cause sub5 stantial emtional harm to,’’; and

6 (3) in paragraph (2), in the matter following

7 clause (iii) of subparagraph (B)—

8 (A) by inserting after ‘‘uses the mail’’ the

9 following: ‘‘, any interactive computer service,’’;

10 and

11 (B) by inserting after ‘‘course of conduct

12 that’’ the following: ‘‘causes substantial emo13 tional harm to that person or’’.

14 SEC. 510. REPEAT OFFENDER PROVISION.

15 Chapter 110A of title 18, United States Code, is

16 amended by adding after section 2265 the following:

17 ‘‘§ 2265A. Repeat offender provision

18 ‘‘The maximum term of imprisonment for a violation

19 of this chapter after a prior interstate domestic violence

20 offense (as defined in section 2261) or interstate violation

21 of protection order (as defined in section 2262) or inter22 state stalking (as defined in sections 2261A(a) and

23 2261A(b)) shall be twice the term otherwise provided for

24 the violation.’’.


I3402.AGG
448 

163

•HR 3402 IH

1 SEC. 511. PROHIBITING DATING VIOLENCE.

2 Section 2261(a) of title 18, United States Code, is

3 amended—

4 (1) in paragraph (1), by striking ‘‘or intimate

5 partner’’ both places such term appears and insert6 ing ‘‘, intimate partner, or dating partner’’; and

7 (2) in paragraph (2), by striking ‘‘or intimate

8 partner’’ both places such term appears and insert9 ing ‘‘, intimate partner, or dating partner’’.

10 SEC. 512. GAO STUDY AND REPORT.

11 (a) STUDY REQUIRED.—The Comptroller General

12 shall conduct a study to establish the extent to which men,

13 women, youth, and children are victims of domestic vio14 lence, dating violence, sexual assault, and stalking and the

15 availability to all victims of shelter, counseling, legal rep16 resentation, and other services commonly provided to vic17 tims of domestic violence.

18 (b) ACTIVITIES UNDER STUDY.—In conducting the

19 study, the following shall apply:

20 (1) CRIME STATISTICS.—The Comptroller Gen21 eral shall not rely only on crime statistics, but may

22 also use existing research available, including public

23 health studies and academic studies.

24 (2) SURVEY.—The Comptroller General shall

25 survey the Department of Justice, as well as any reVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00452 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AGH
449 

164

•HR 3402 IH

1 cipients of Federal funding for any purpose or an

2 appropriate sampling of recipients, to determine—

3 (A) what services are provided to victims

4 of domestic violence, dating violence, sexual as5 sault, and stalking;

6 (B) whether those services are made avail7 able to youth, child, female, and male victims;

8 and

9 (C) the number, age, and gender of victims

10 receiving each available service.

11 (c) REPORT.—Not later than 1 year after the date

12 of the enactment of this Act, the Comptroller General shall

13 submit to Congress a report on the activities carried out

14 under this section.

15 TITLE VI—IMPROVING SERVICES

16 FOR VICTIMS OF DOMESTIC

17 VIOLENCE, DATING VIO18 LENCE, SEXUAL ASSAULT,

19 AND STALKING

20 SEC. 601. TECHNICAL AMENDMENT TO VIOLENCE AGAINST

21 WOMEN ACT.

22 Section 2001 of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3796gg) is amended by

24 adding at the end the following:


I3402.AGI
450 

165

•HR 3402 IH

1 ‘‘(e) USE OF FUNDS.—Funds appropriated for

2 grants under this part may be used only for the specific

3 programs and activities expressly described in this part.’’.

4 SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM.

5 Part T of the Omnibus Crime Control and Safe

6 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend7 ed by adding after section 2013 (as added by section 501

8 of this Act) the following:

9 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.

10 ‘‘(a) PURPOSES.—The purposes of this section are—

11 ‘‘(1) to assist States, tribes, and territories in

12 providing intervention, advocacy, accompaniment,

13 support services, and related assistance for—

14 ‘‘(A) adult, youth, and minor victims of

15 sexual assault;

16 ‘‘(B) family and household members of

17 such victims; and

18 ‘‘(C) those collaterally affected by the vic19 timization except for the perpetrator of such

20 victimization; and

21 ‘‘(2) to provide for training, technical assist22 ance, and data collection relating to sexual assault

23 to—


I3402.AGJ
451 

166

•HR 3402 IH

1 ‘‘(A) Federal, State, tribal, territorial and

2 local governments, law enforcement agencies,

3 and courts;

4 ‘‘(B) professionals working in legal, social

5 service, and health care settings;

6 ‘‘(C) nonprofit organizations;

7 ‘‘(D) faith-based organizations; and

8 ‘‘(E) other individuals and organizations

9 seeking such assistance.

10 ‘‘(b) GRANTS TO STATES AND TERRITORIES.—

11 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

12 General shall award grants to States and territories

13 to support the establishment, maintenance, and ex14 pansion of rape crisis centers and other programs

15 and projects to assist those victimized by sexual as16 sault.

17 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

18 ‘‘(A) ADMINISTRATIVE COSTS.—Not more

19 than 5 percent of the grant funds received by

20 a State or territory governmental agency under

21 this subsection for any fiscal year may be used

22 for administrative costs.

23 ‘‘(B) GRANT FUNDS.—Any funds received

24 by a State or territory under this subsection

25 that are not used for administrative costs shall


I3402.AGK
452 

167

•HR 3402 IH

1 be used to provide grants to rape crisis centers

2 and other nonprofit, nongovernmental organiza3 tions for programs and activities within such

4 State or territory that provide direct interven5 tion and related assistance and that provide

6 training, technical assistance, and data collec7 tion.

8 ‘‘(C) INTERVENTION AND RELATED AS9 SISTANCE.—Intervention and related assistance

10 under subparagraph (B) may include—

11 ‘‘(i) 24 hour hotline services providing

12 crisis intervention services and referral;

13 ‘‘(ii) accompaniment and advocacy

14 through medical, criminal justice, and so15 cial support systems, including medical fa16 cilities, police, and court proceedings;

17 ‘‘(iii) crisis intervention, short-term

18 individual and group support services, and

19 comprehensive service coordination, and

20 supervision to assist sexual assault victims

21 and family or household members;

22 ‘‘(iv) support mechanisms that are

23 culturally relevant to the community;


I3402.AGL
453 

168

•HR 3402 IH

1 ‘‘(v) information and referral to assist

2 the sexual assault victim and family or

3 household members;

4 ‘‘(vi) community-based, linguistically,

5 and culturally-specific service including

6 outreach activities for racial and ethnic

7 and other underserved populations and

8 linkages to existing services in these popu9 lations; and

10 ‘‘(vii) the development and distribu11 tion of educational materials on issues re12 lated to sexual assault and the services de13 scribed in clauses (i) through (vii).

14 ‘‘(3) APPLICATION.—

15 ‘‘(A) IN GENERAL.—Each eligible entity

16 desiring a grant under this subsection shall

17 submit an application to the Attorney General

18 at such time and in such manner as the Attor19 ney General may reasonably require.

20 ‘‘(B) CONTENTS.—Each application sub21 mitted under subparagraph (A) shall—

22 ‘‘(i) set forth procedures designed to

23 assure meaningful involvement of the State

24 or territorial sexual assault coalition and

25 representatives from racial and ethnic and


I3402.AGM
454 

169

•HR 3402 IH

1 other underserved populations in the devel2 opment of the application and the imple3 mentation of the plans;

4 ‘‘(ii) set forth procedures designed to

5 ensure an equitable distribution of grants

6 and grant funds within the State or terri7 tory and between urban and rural areas

8 within such State or territory;

9 ‘‘(iii) identify the State or territorial

10 agency that is responsible for the adminis11 tration of programs and activities; and

12 ‘‘(iv) meet other such requirements as

13 the Attorney General reasonably deter14 mines are necessary to carry out the pur15 poses and provisions of this section.

16 ‘‘(4) REPORTING.—Each State and territory re17 ceiving a grant under this subsection shall submit an

18 annual report to the Attorney General that describes

19 the activities carried out with such grant funds.

20 ‘‘(5) ALLOCATION OF FUNDS.—The Attorney

21 General shall allocate to each State, to the District

22 of Columbia, and to the Commonwealth of Puerto

23 Rico not less than 0.50 percent of the total amount

24 so appropriated in a fiscal year for grants under this

25 section, except that the United States Virgin IsVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00458 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AGN
455 

170

•HR 3402 IH

1 lands, American Samoa, Guam, and the Common2 wealth of the Northern Mariana Islands shall each

3 be allocated 0.125 percent of the total appropria4 tions.

5 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

6 ADDRESSING SEXUAL ASSAULT.—

7 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

8 General shall award grants to eligible entities to

9 support the establishment, maintenance, and expan10 sion of culturally specific intervention and related

11 assistance for victims of sexual assault.

12 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant under this section, an entity shall—

14 ‘‘(A) be a private nonprofit organization

15 that focuses primarily on racial and ethnic com16 munities;

17 ‘‘(B) must have documented organizational

18 experience in the area of sexual assault inter19 vention or have entered into a partnership with

20 an organization having such expertise;

21 ‘‘(C) have expertise in the development of

22 community-based, linguistically and culturally

23 specific outreach and intervention services rel24 evant for the specific racial and ethnic commu25 nities to whom assistance would be provided or


I3402.AGO
456 

171

•HR 3402 IH

1 have the capacity to link to existing services in

2 the community tailored to the needs of racial

3 and ethnic populations; and

4 ‘‘(D) have an advisory board or steering

5 committee and staffing which is reflective of the

6 targeted racial and ethnic community.

7 ‘‘(3) USE OF FUNDS.—Funds appropriated

8 under this section may be used only for the purposes

9 described in this section.

10 ‘‘(4) AWARD BASIS.—The Attorney General

11 shall award grants under this section on a competi12 tive basis.

13 ‘‘(5) DISTRIBUTION.—

14 ‘‘(A) The Attorney General shall not use

15 more than the 2.5 percent of funds appro16 priated under this subsection in any year for

17 administration, monitoring, and evaluation of

18 grants made available under this subsection.

19 ‘‘(B) Up to 5 percent of funds appro20 priated under this section in any year shall be

21 available for training, technical assistance, and

22 data collection by a national organization or or23 ganizations whose primary focus and expertise

24 is in addressing sexual assault within racial and

25 ethnic communities.


I3402.AGP
457 

172

•HR 3402 IH

1 ‘‘(6) TERM.—The Attorney General shall make

2 grants under this section for a period of no less than

3 3 fiscal years.

4 ‘‘(7) REPORTING.—Each entity receiving a

5 grant under this subsection shall submit a report to

6 the Attorney General that describes the activities out

7 with such grant funds.

8 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

9 SEXUAL ASSAULT COALITIONS.—

10 ‘‘(1) GRANTS AUTHORIZED.—

11 ‘‘(A) IN GENERAL.—The Attorney General

12 shall award grants to State, territorial, and

13 tribal sexual assault coalitions to assist in sup14 porting the establishment, maintenance, and ex15 pansion of such coalitions.

16 ‘‘(B) MINIMUM AMOUNT.—Not less than

17 10 percent of the total amount appropriated to

18 carry out this section shall be used for grants

19 under subparagraph (A).

20 ‘‘(C) ELIGIBLE APPLICANTS.—Each of the

21 State, territorial, and tribal sexual assault coali22 tions as determined by the National Center for

23 Injury Prevention and Control in collaboration

24 with the Violence Against Women Office of the

25 Department of Justice.


I3402.AGQ
458 

173

•HR 3402 IH

1 ‘‘(2) USE OF FUNDS.—Grant funds received

2 under this subsection may be used to—

3 ‘‘(A) work with local sexual assault pro4 grams and other providers of direct services to

5 encourage appropriate responses to sexual as6 sault within the State, territory, or tribe;

7 ‘‘(B) work with judicial and law enforce8 ment agencies to encourage appropriate re9 sponses to sexual assault cases;

10 ‘‘(C) work with courts, child protective

11 services agencies, and children’s advocates to

12 develop appropriate responses to child custody

13 and visitation issues when sexual assault has

14 been determined to be a factor;

15 ‘‘(D) design and conduct public education

16 campaigns;

17 ‘‘(E) plan and monitor the distribution of

18 grants and grant funds to their State, territory,

19 or tribe; or

20 ‘‘(F) collaborate with and inform Federal,

21 State, or local public officials and agencies to

22 develop and implement policies to reduce or

23 eliminate sexual assault.


I3402.AGR
459 

174

•HR 3402 IH

1 ‘‘(3) ALLOCATION AND USE OF FUNDS.—From

2 amounts appropriated for grants under this sub3 section for each fiscal year—

4 ‘‘(A) not less than 10 percent of the funds

5 shall be available for grants to tribal sexual as6 sault coalitions;

7 ‘‘(B) the remaining funds shall be available

8 for grants to State and territorial coalitions,

9 and the Attorney General shall allocate an

amount equal to 1 10 ⁄56 of the amounts so appro11 priated to the Territories as defined in section

12 4002(a)(20) of this Act.

13 ‘‘(4) APPLICATION.—Each eligible entity desir14 ing a grant under this subsection shall submit an

15 application to the Attorney General at such time, in

16 such manner, and containing by such information as

17 the Attorney General determines to be essential to

18 carry out the purposes of this section.

19 ‘‘(5) REPORTING.—Each State or territorial

20 sexual assault coalition receiving a grant under this

21 subsection shall submit a report to the Attorney

22 General that describes activities carried out with

23 such grant funds.

24 ‘‘(6) FIRST-TIME APPLICANTS.—No entity shall

25 be prohibited from submitting an application under


I3402.AGS
460 

175

•HR 3402 IH

1 this subsection during any fiscal year for which

2 funds are available under this subsection because

3 such entity has not previously applied or received

4 funding under this subsection.

5 ‘‘(e) GRANTS TO TRIBES.—

6 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

7 General may award grants to Indian tribes, tribal

8 organizations, and nonprofit tribal organizations ap9 proved by an Indian tribe for the operation of a sex10 ual assault programs or projects in Indian country

11 and Alaskan native villages to support the establish12 ment, maintenance, and expansion of programs and

13 projects to assist those victimized by sexual assault.

14 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

15 ‘‘(A) ADMINISTRATIVE COSTS.—Not more

16 than 5 percent of the grant funds received by

17 an Indian tribe, tribal organization, and non18 profit tribal organization under this subsection

19 for any fiscal year may be used for administra20 tive costs.

21 ‘‘(B) GRANT FUNDS.—Any funds received

22 under this subsection that are not used for ad23 ministrative costs shall be used to provide

24 grants to tribal organizations and nonprofit

25 tribal organizations for programs and activities


I3402.AGT
461 

176

•HR 3402 IH

1 within Indian country and Alaskan native vil2 lages that provide direct intervention and re3 lated assistance.

4 ‘‘(C) INTERVENTION AND RELATED AS5 SISTANCE.—Intervention and related assistance

6 under subparagraph (B) may include—

7 ‘‘(i) 24-hour hotline services providing

8 crisis intervention services and referral;

9 ‘‘(ii) accompaniment and advocacy

10 through medical, criminal justice, and so11 cial support systems, including medical fa12 cilities, police, and court proceedings;

13 ‘‘(iii) crisis intervention, short-term

14 individual and group support services, and

15 case management and supervision to assist

16 sexual assault victims and family or house17 hold members;

18 ‘‘(iv) information and referral to as19 sist the sexual assault victim and family or

20 household members;

21 ‘‘(v) support mechanisms that are cul22 turally relevant to the community;

23 ‘‘(vi) collaborating with and informing

24 public officials and agencies in order to deVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00465 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AGU
462 

177

•HR 3402 IH

1 velop and implement policies to reduce or

2 eliminate sexual assault; and

3 ‘‘(vii) the development and distribu4 tion of educational materials on issues re5 lated to sexual assault and the services de6 scribed in clauses (i) through (vi).

7 ‘‘(3) REPORTING.—Each tribe receiving a grant

8 under this subsection shall submit an annual report

9 to the Attorney General that describes the activities

10 carried out with such grant funds.

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated $60,000,000 for each of the fiscal

14 years 2006 through 2010 to carry out the provisions

15 of this section. Any amounts so appropriated shall

16 remain available until expended.

17 ‘‘(2) ALLOCATIONS.—Of the total amounts ap18 propriated for each fiscal year to carry out this

19 section—

20 ‘‘(A) not more than 2.5 percent shall be

21 used by the Attorney General for evaluation,

22 monitoring, and other administrative costs

23 under this section;

24 ‘‘(B) not more than 2.5 percent shall be

25 used for the provision of training, technical asVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00466 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AGV
463 

178

•HR 3402 IH

1 sistance, and data collection to grantees and

2 subgrantees under this section;

3 ‘‘(C) not less than 65 percent shall be used

4 for grants to States and territories under sub5 section (b);

6 ‘‘(D) not less than 10 percent shall be used

7 for making grants to State, territorial, and trib8 al sexual assault coalitions under subsection (c);

9 ‘‘(E) not less than 10 percent shall be used

10 for grants to tribes under subsection (d); and

11 ‘‘(F) not less than 10 percent shall be used

12 for grants for culturally specific programs ad13 dressing sexual assault under subsection (c).’’.

14 SEC. 603. AMENDMENTS TO THE RURAL DOMESTIC VIO15 LENCE AND CHILD ABUSE ENFORCEMENT AS16 SISTANCE PROGRAM.

17 Section 40295 of the Violence Against Women Act

18 of 1994 (42 U.S.C. 13971) is amended to read as follows:

19 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO20 LENCE, SEXUAL ASSAULT, STALKING, AND

21 CHILD ABUSE ENFORCEMENT ASSISTANCE.

22 ‘‘(a) PURPOSES.—The purposes of this section are—

23 ‘‘(1) to identify, assess, and appropriately re24 spond to adult, youth, and minor domestic violence,

25 sexual assault, dating violence, and stalking in rural


I3402.AGW
464 

179

•HR 3402 IH

1 communities, by encouraging collaboration

2 between—

3 ‘‘(A) domestic violence, dating violence,

4 sexual assault, and stalking victim service pro5 viders;

6 ‘‘(B) law enforcement agencies;

7 ‘‘(C) prosecutors;

8 ‘‘(D) courts;

9 ‘‘(E) other criminal justice service pro10 viders;

11 ‘‘(F) human and community service pro12 viders;

13 ‘‘(G) educational institutions; and

14 ‘‘(H) health care providers;

15 ‘‘(2) to establish and expand nonprofit, non16 governmental, State, tribal, and local government

17 services in rural communities to adult, youth, and

18 minor victims; and

19 ‘‘(3) to increase the safety and well-being of

20 women and children in rural communities, by—

21 ‘‘(A) dealing directly and immediately with

22 domestic violence, sexual assault, dating vio23 lence, and stalking occurring in rural commu24 nities; and


I3402.AGX
465 

180

•HR 3402 IH

1 ‘‘(B) creating and implementing strategies

2 to increase awareness and prevent domestic vio3 lence, sexual assault, dating violence, and stalk4 ing.

5 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General,

6 acting through the Director of the Office on Violence

7 Against Women (referred to in this section as the ‘Direc8 tor’), may award 3-year grants, with a possible extension

9 for an additional 3 years, to States, Indian tribes, local

10 governments, and nonprofit, public or private entities, in11 cluding tribal nonprofit organizations, to carry out pro12 grams serving rural areas or rural communities that ad13 dress domestic violence, dating violence, sexual assault,

14 and stalking by—

15 ‘‘(1) implementing, expanding, and establishing

16 cooperative efforts and projects between law enforce17 ment officers, prosecutors, victim advocacy groups,

18 and other related parties to investigate and pros19 ecute incidents of domestic violence, dating violence,

20 sexual assault, and stalking;

21 ‘‘(2) providing treatment, counseling, and other

22 long- and short-term assistance to adult, youth, and

23 minor victims of domestic violence, dating violence,

24 sexual assault, and stalking in rural communities;

25 and


I3402.AGY
466 

181

•HR 3402 IH

1 ‘‘(3) working in cooperation with the commu2 nity to develop education and prevention strategies

3 directed toward such issues.

4 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant

5 to this section shall be used only for specific programs and

6 activities expressly described in subsection (a).

7 ‘‘(d) ALLOTMENTS AND PRIORITIES.—

8 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not

9 less than 10 percent of the total amount made avail10 able for each fiscal year to carry out this section

11 shall be allocated for grants to Indian tribes or trib12 al organizations.

13 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV14 ICES.—

15 ‘‘(A) IN GENERAL.—Not less than 25 per16 cent of the total amount made available for

17 each fiscal year to carry out this section shall

18 be allocated for grants that meaningfully ad19 dress sexual assault in rural communities, ex20 cept as provided in subparagraph (B).

21 ‘‘(B) ESCALATION.—The percentage re22 quired by subparagraph (A) shall be—

23 ‘‘(i) 30 percent, for any fiscal year for

24 which $45,000,000 or more is made avail25 able to carry out this section;


I3402.AGZ
467 

182

•HR 3402 IH

1 ‘‘(ii) 35 percent, for any fiscal year

2 for which $50,000,000 or more is made

3 available to carry out this section; or

4 ‘‘(iii) 40 percent, for any fiscal year

5 for which $55,000,000 or more is made

6 available to carry out this section.

7 ‘‘(C) SAVINGS CLAUSE.—Nothing in this

8 paragraph shall prohibit an applicant from ap9 plying for funding to address domestic violence,

10 dating violence, sexual assault, or stalking, sep11 arately or in combination, in the same applica12 tion.

13 ‘‘(D) REPORT TO CONGRESS.—The Attor14 ney General shall, on an annual basis, submit

15 to Congress a report on the effectiveness of the

16 set-aside for sexual assault services. The report

17 shall include any recommendations of the Attor18 ney General with respect to the rural grant pro19 gram.

20 ‘‘(3) ALLOTMENT FOR TRAINING, TECHNICAL

21 ASSISTANCE, AND DATA COLLECTION.—Of the

22 amounts appropriated for each fiscal year to carry

23 out this section, not more than 8 percent may be

24 used by the Director for training, technical assist25 ance, and data collection costs. Of the amounts so


I3402.AHA
468 

183

•HR 3402 IH

1 used, not less than 25 percent shall be available to

2 nonprofit, nongovernmental organizations whose

3 focus and expertise is in addressing sexual assault to

4 provide training, technical assistance, and data col5 lection with respect to sexual assault grantees.

6 ‘‘(4) UNDERSERVED POPULATIONS.—In award7 ing grants under this section, the Director shall give

8 priority to the needs of racial and ethnic and other

9 underserved populations (as defined in section

10 2000B of the Omnibus Crime Control and Safe

11 Streets Act of 1968).

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

13 ‘‘(1) IN GENERAL.—There are authorized to be

14 appropriated $55,000,000 for each of the fiscal

15 years 2006 through 2010 to carry out this section.

16 ‘‘(2) ADDITIONAL FUNDING.—In addition to

17 funds received through a grant under subsection (b),

18 a law enforcement agency may use funds received

19 through a grant under part Q of title I of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42

21 U.S.C. 3796dd et seq.) to accomplish the objectives

22 of this section.’’.

23 SEC. 604. ASSISTANCE FOR VICTIMS OF ABUSE.

24 Part T of the Omnibus Crime Control and Safe

25 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amendVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00472 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AHB
469 

184

•HR 3402 IH

1 ed by adding after section 2014 (as added by section 602

2 of this Act) the following:

3 ‘‘SEC. 2015. ASSISTANCE FOR VICTIMS OF ABUSE.

4 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General

5 may award grants to appropriate entities—

6 ‘‘(1) to provide services for victims of domestic

7 violence, abuse by caregivers, and sexual assault who

8 are 50 years of age or older;

9 ‘‘(2) to improve the physical accessibility of ex10 isting buildings in which services are or will be ren11 dered for victims of domestic violence and sexual as12 sault who are 50 years of age or older;

13 ‘‘(3) to provide training, consultation, and in14 formation on abuse by caregivers, domestic violence,

15 dating violence, stalking, and sexual assault against

16 individuals with disabilities (as defined in section 3

17 of the Americans with Disabilities Act of 1990 (42

18 U.S.C. 12102)), and to enhance direct services to

19 such individuals;

20 ‘‘(4) for training programs to assist law en21 forcement officers, prosecutors, governmental agen22 cies, victim assistants, and relevant officers of Fed23 eral, State, tribal, territorial, and local courts in rec24 ognizing, addressing, investigating, and prosecuting

25 instances of adult, youth, or minor domestic vioVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00473 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AHC
470 

185

•HR 3402 IH

1 lence, dating violence, sexual assault, stalking, elder

2 abuse, and violence against individuals with disabil3 ities, including domestic violence and sexual assault,

4 against older or disabled individuals; and

5 ‘‘(5) for multidisciplinary collaborative commu6 nity responses to victims.

7 ‘‘(b) USE OF FUNDS.—Grant funds under this sec8 tion may be used—

9 ‘‘(1) to implement or expand programs or serv10 ices to respond to the needs of persons 50 years of

11 age or older who are victims of domestic violence,

12 dating violence, sexual assault, stalking, or elder

13 abuse;

14 ‘‘(2) to provide personnel, training, technical

15 assistance, data collection, advocacy, intervention,

16 risk reduction and prevention of domestic violence,

17 dating violence, stalking, and sexual assault against

18 disabled individuals;

19 ‘‘(3) to conduct outreach activities to ensure

20 that disabled individuals who are victims of domestic

21 violence, dating violence, stalking, or sexual assault

22 receive appropriate assistance;

23 ‘‘(4) to conduct cross-training for victim service

24 organizations, governmental agencies, and nonprofit,

25 nongovernmental organizations serving individuals


I3402.AHD
471 

186

•HR 3402 IH

1 with disabilities; about risk reduction, intervention,

2 prevention and the nature of dynamic of domestic vi3 olence, dating violence, stalking, and sexual assault

4 for disabled individuals;

5 ‘‘(5) to provide training, technical assistance,

6 and data collection to assist with modifications to

7 existing policies, protocols, and procedures to ensure

8 equal access to the services, programs, and activities

9 of victim service organizations for disabled individ10 uals;

11 ‘‘(6) to provide training, technical assistance,

12 and data collection on the requirements of shelters

13 and victim services organizations under Federal

14 antidiscrimination laws, including—

15 ‘‘(A) the Americans with Disabilities Act of

16 1990; and

17 ‘‘(B) section 504 of the Rehabilitation Act

18 of 1973;

19 ‘‘(7) to purchase equipment, and provide per20 sonnel so that shelters and victim service organiza21 tions can accommodate the needs of disabled individ22 uals;

23 ‘‘(8) to provide advocacy and intervention serv24 ices for disabled individuals who are victims of doVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00475 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AHE
472 

187

•HR 3402 IH

1 mestic violence, dating violence, stalking, or sexual

2 assault through collaborative partnerships between—

3 ‘‘(A) nonprofit, nongovernmental agencies;

4 ‘‘(B) governmental agencies serving indi5 viduals with disabilities; and

6 ‘‘(C) victim service organizations; or

7 ‘‘(9) to develop model programs providing advo8 cacy and intervention services within organizations

9 serving disabled individuals who are victims of do10 mestic violence, dating violence, sexual assault, or

11 stalking.

12 ‘‘(c) ELIGIBLE ENTITIES.—

13 ‘‘(1) IN GENERAL.—An entity shall be eligible

14 to receive a grant under this section if the entity

15 is—

16 ‘‘(A) a State;

17 ‘‘(B) a unit of local government;

18 ‘‘(C) a nonprofit, nongovernmental organi19 zation such as a victim services organization, an

20 organization serving individuals with disabilities

21 or a community-based organization; and

22 ‘‘(D) a religious organization.

23 ‘‘(2) LIMITATION.—A grant awarded for the

24 purposes described in subsection (b) (9) shall be

25 awarded only to an eligible agency (as defined in


I3402.AHF
473 

188

•HR 3402 IH

1 section 410 of the Rehabilitation Act of 1973 (29

2 U.S.C. 796f—5)).

3 ‘‘(d) APPLICATION.—An eligible entity desiring a

4 grant under this section shall submit an application to the

5 Attorney General at such time, in such manner, and con6 taining such information as the Attorney General may re7 quire.

8 ‘‘(e) REPORTING.—Not later than 1 year after the

9 last day of the first fiscal year commencing on or after

10 the date of enactment of this Act, and not later than 180

11 days after the last day of each fiscal year thereafter, the

12 Attorney General shall submit to Congress a report evalu13 ating the effectiveness of programs administered and oper14 ated pursuant to this section.

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated $20,500,000 for each

17 of the fiscal years 2006 through 2010 to carry out this

18 section.’’.

19 SEC. 605. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE

20 HOTLINE.

21 (a) STUDY REQUIRED.—Not later than 6 months

22 after the date of enactment of this Act, the Comptroller

23 General shall conduct a study of the National Domestic

24 Violence Hotline to determine the effectiveness of the Hot25 line in assisting victims of domestic violence.


I3402.AHG
474 

189

•HR 3402 IH

1 (b) ISSUES TO BE STUDIED.—In conducting the

2 study under subsection (a), the Comptroller General

3 shall—

4 (1) compile statistical and substantive informa5 tion about calls received by the Hotline since its in6 ception, or a representative sample of such calls,

7 while maintaining the confidentiality of Hotline call8 ers;

9 (2) interpret the data compiled under para10 graph (1)—

11 (A) to determine the trends, gaps in serv12 ices, and geographical areas of need; and

13 (B) to assess the trends and gaps in serv14 ices to underserved populations and the military

15 community; and

16 (3) gather other important information about

17 domestic violence.

18 (c) REPORT.—Not later than 3 years after the date

19 of enactment of this Act, the Comptroller General shall

20 submit to Congress a report on the results of the study.

21 SEC. 606. GRANTS FOR OUTREACH TO UNDERSERVED POP22 ULATIONS.

23 (a) GRANTS AUTHORIZED.—

24 (1) IN GENERAL.—From amounts made avail25 able to carry out this section, the Attorney General,


I3402.AHH
475 

190

•HR 3402 IH

1 acting through the Director of the Office on Violence

2 Against Women, shall award grants to eligible enti3 ties described in subsection (b) to carry out local, re4 gional, or national public information campaigns fo5 cused on addressing adult, youth, or minor domestic

6 violence, dating violence, sexual assault, stalking, or

7 trafficking within tribal, racial, and ethnic popu8 lations and immigrant communities, including infor9 mation on services available to victims and ways to

10 prevent or reduce domestic violence, dating violence,

11 sexual assault, and stalking.

12 (2) TERM.—The Attorney General shall award

13 grants under this section for a period of 1 fiscal

14 year.

15 (b) ELIGIBLE ENTITIES.—Eligible entities under this

16 section are—

17 (1) nonprofit, nongovernmental organizations or

18 coalitions that represent the targeted tribal, racial,

19 and ethnic populations or immigrant community

20 that—

21 (A) have a documented history of creating

22 and administering effective public awareness

23 campaigns addressing domestic violence, dating

24 violence, sexual assault, and stalking; or


I3402.AHI
476 

191

•HR 3402 IH

1 (B) work in partnership with an organiza2 tion that has a documented history of creating

3 and administering effective public awareness

4 campaigns addressing domestic violence, dating

5 violence, sexual assault, and stalking; or

6 (2) a governmental entity that demonstrates a

7 partnership with organizations described in para8 graph (1).

9 (c) ALLOCATION OF FUNDS.—Of the amounts appro10 priated for grants under this section—

11 (1) not more than 20 percent shall be used for

12 national model campaign materials targeted to spe13 cific tribal, racial, or ethnic populations or immi14 grant community, including American Indian tribes

15 and Alaskan native villages for the purposes of re16 search, testing, message development, and prepara17 tion of materials; and

18 (2) the balance shall be used for not less than

19 10 State, regional, territorial, tribal, or local cam20 paigns targeting specific communities with informa21 tion and materials developed through the national

22 campaign or, if appropriate, new materials to reach

23 an underserved population or a particularly isolated

24 community.


I3402.AHJ
477 

192

•HR 3402 IH

1 (d) USE OF FUNDS.—Funds appropriated under this

2 section shall be used to conduct a public information cam3 paign and build the capacity and develop leadership of ra4 cial, ethnic populations, or immigrant community mem5 bers to address domestic violence, dating violence, sexual

6 assault, and stalking.

7 (e) APPLICATION.—An eligible entity desiring a grant

8 under this section shall submit an application to the Direc9 tor of the Office on Violence Against Women at such time,

10 in such form, and in such manner as the Director may

11 prescribe.

12 (f) CRITERIA.—In awarding grants under this sec13 tion, the Attorney General shall ensure—

14 (1) reasonable distribution among eligible

15 grantees representing various racial, ethnic, and im16 migrant communities;

17 (2) reasonable distribution among State, re18 gional, territorial, tribal, and local campaigns;

19 (3) that not more than 8 percent of the total

20 amount appropriated under this section for each fis21 cal year is set aside for training, technical assist22 ance, and data collection.

23 (g) REPORTS.—Each eligible entity receiving a grant

24 under this section shall submit to the Director of the OfVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00481 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AHK
478 

193

•HR 3402 IH

1 fice of Violence Against Women, every 18 months, a report

2 that describes the activities carried out with grant funds.

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to carry out this section

5 $2,000,000 for each of fiscal years 2006 through 2010.

6 TITLE VII—SERVICES, PROTEC7 TION, AND JUSTICE FOR

8 YOUNG VICTIMS OF VIO9 LENCE

10 SEC. 701. SERVICES AND JUSTICE FOR YOUNG VICTIMS OF

11 VIOLENCE.

12 The Violence Against Women Act of 1994 is amended

13 by adding after subtitle K (as added by section 506) the

14 following:

15 ‘‘Subtitle L—Services, Education,

16 Protection and Justice for

17 Young Victims of Violence

18 ‘‘SEC. 41201. GRANTS FOR TRAINING AND COLLABORATION

19 ON THE INTERSECTION BETWEEN DOMESTIC

20 VIOLENCE AND CHILD MALTREATMENT.

21 ‘‘(a) PURPOSE.—The purpose of this section is to

22 support efforts by domestic violence or dating violence vic23 tim services providers, courts, law enforcement, child wel24 fare agencies, and other related professionals and commu25 nity organizations to develop collaborative responses and


I3402.AHL
479 

194

•HR 3402 IH

1 services and provide cross-training to enhance community

2 responses to families where there is both child maltreat3 ment and domestic violence.

4 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General,

5 through the Violence Against Women Office, shall award

6 grants on a competitive basis to eligible entities for the

7 purposes and in the manner described in this section.

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to carry out this section

10 $8,000,000 for each of fiscal years 2006 through 2010.

11 Funds appropriated under this section shall remain avail12 able until expended. Of the amounts appropriated to carry

13 out this section for each fiscal year, the Attorney General

14 shall—

15 ‘‘(1) use not more than 3 percent for evalua16 tion, monitoring, site visits, grantee conferences, and

17 other administrative costs associated with con18 ducting activities under this section;

19 ‘‘(2) set aside not more than 10 percent for

20 grants to programs addressing child maltreatment

21 and domestic violence or dating violence that are op22 erated by, or in partnership with, a tribal organiza23 tion; and

24 ‘‘(3) set aside up to 8 percent for training and

25 technical assistance, to be provided—


I3402.AHM
480 

195

•HR 3402 IH

1 ‘‘(A) to organizations that are establishing

2 or have established collaborative responses and

3 services; and

4 ‘‘(B) by organizations having demonstrated

5 expertise in developing collaborative community

6 and system responses to families in which there

7 is both child maltreatment and domestic vio8 lence or dating violence, whether or not they

9 are receiving funds under this section.

10 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding

11 grants under this section, the Attorney General shall con12 sider the needs of racial and ethnic and other underserved

13 populations (as defined in section 2000B of the Omnibus

14 Crime Control and Safe Streets Act of 1968).

15 ‘‘(e) GRANT AWARDS.—The Attorney General shall

16 award grants under this section for periods of not more

17 than 3 fiscal years.

18 ‘‘(f) USES OF FUNDS.—Entities receiving grants

19 under this section shall use amounts provided to develop

20 collaborative responses and services and provide cross21 training to enhance community responses to families

22 where there is both child maltreatment and domestic vio23 lence or dating violence. Amounts distributed under this

24 section may only be used for programs and activities de25 scribed in subsection (g).


I3402.AHN
481 

196

•HR 3402 IH

1 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs

2 and activities developed under this section shall—

3 ‘‘(1) encourage cross training, education, serv4 ice development, and collaboration among child wel5 fare agencies, domestic violence victim service pro6 viders, and courts, law enforcement agencies, com7 munity-based programs, and other entities, in order

8 to ensure that such entities have the capacity to and

9 will identify, assess, and respond appropriately to—

10 ‘‘(A) domestic violence or dating violence

11 in homes where children are present and may

12 be exposed to the violence;

13 ‘‘(B) domestic violence or dating violence

14 in child protection cases; and

15 ‘‘(C) the needs of both the child and non16 abusing parent;

17 ‘‘(2) establish and implement policies, proce18 dures, programs, and practices for child welfare

19 agencies, domestic violence victim service providers,

20 courts, law enforcement agencies, and other entities,

21 that are consistent with the principles of protecting

22 and increasing the immediate and long-term safety

23 and well being of children and non-abusing parents

24 and caretakers by—


I3402.AHO
482 

197

•HR 3402 IH

1 ‘‘(A) increasing the safety, autonomy, ca2 pacity, and financial security of non-abusing

3 parents or caretakers, including developing

4 service plans and utilizing community-based

5 services that provide resources and support to

6 non-abusing parents;

7 ‘‘(B) protecting the safety, security, and

8 well-being of children by preventing their un9 necessary removal from a non-abusing parent,

10 or, in cases where removal of the child is nec11 essary to protect the child’s safety, taking the

12 necessary steps to provide appropriate and com13 munity-based services to the child and the non14 abusing parent to promote the safe and appro15 priately prompt reunification of the child with

16 the non-abusing parent;

17 ‘‘(C) recognizing the relationship between

18 child maltreatment and domestic violence or

19 dating violence in a family, as well as the im20 pact of and danger posed by the perpetrators’

21 behavior on adult, youth, and minor victims;

22 and

23 ‘‘(D) holding adult, youth, and minor per24 petrators of domestic violence or dating vio25 lence, not adult, youth, and minor victims of


I3402.AHP
483 

198

•HR 3402 IH

1 abuse or neglect, accountable for stopping the

2 perpetrators’ abusive behaviors, including the

3 development of separate service plans, court fil4 ings, or community-based interventions where

5 appropriate;

6 ‘‘(3) increase cooperation and enhance linkages

7 between child welfare agencies, domestic violence vic8 tim service providers, courts (including family, crimi9 nal, juvenile courts, or tribal courts), law enforce10 ment agencies, and other entities to provide more

11 comprehensive community-based services (including

12 health, mental health, social service, housing, and

13 neighborhood resources) to protect and to serve

14 adult, youth, and minor victims;

15 ‘‘(4) identify, assess, and respond appropriately

16 to domestic violence or dating violence in child pro17 tection cases and to child maltreatment when it co18 occurs with domestic violence or dating violence;

19 ‘‘(5) analyze and change policies, procedures,

20 and protocols that contribute to overrepresentation

21 of racial and ethnic minorities in the court and child

22 welfare system; and

23 ‘‘(6) provide appropriate referrals to commu24 nity-based programs and resources, such as health

25 and mental health services, shelter and housing asVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00487 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AHQ
484 

199

•HR 3402 IH

1 sistance for adult, youth, and minor victims and

2 their children, legal assistance and advocacy for

3 adult, youth, and minor victims, assistance for par4 ents to help their children cope with the impact of

5 exposure to domestic violence or dating violence and

6 child maltreatment, appropriate intervention and

7 treatment for adult perpetrators of domestic violence

8 or dating violence whose children are the subjects of

9 child protection cases, programs providing support

10 and assistance to racial and ethnic populations, and

11 other necessary supportive services.

12 ‘‘(h) GRANTEE REQUIREMENTS.—

13 ‘‘(1) APPLICATIONS.—Under this section, an

14 entity shall prepare and submit to the Attorney Gen15 eral an application at such time, in such manner,

16 and containing such information as the Attorney

17 General may require, consistent with the require18 ments described herein. The application shall—

19 ‘‘(A) ensure that communities impacted by

20 these systems or organizations are adequately

21 represented in the development of the applica22 tion, the programs and activities to be under23 taken, and that they have a significant role in

24 evaluating the success of the project;


I3402.AHR
485 

200

•HR 3402 IH

1 ‘‘(B) describe how the training and col2 laboration activities will enhance or ensure the

3 safety and economic security of families where

4 both child maltreatment and domestic violence

5 or dating violence occurs by providing appro6 priate resources, protection, and support to the

7 victimized parents of such children and to the

8 children themselves; and

9 ‘‘(C) outline methods and means partici10 pating entities will use to ensure that all serv11 ices are provided in a developmentally, linguis12 tically and culturally competent manner and

13 will utilize community-based supports and re14 sources.

15 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a

16 grant under this section, an entity shall be a collabo17 ration that—

18 ‘‘(A) shall include a State or local child

19 welfare agency or Indian Tribe;

20 ‘‘(B) shall include a domestic violence or

21 dating violence victim service provider;

22 ‘‘(C) may include a court;

23 ‘‘(D) may include a law enforcement agen24 cy, or Bureau of Indian Affairs providing tribal

25 law enforcement; and


I3402.AHS
486 

201

•HR 3402 IH

1 ‘‘(E) may include any other such agencies

2 or private nonprofit organizations, including

3 community-based organizations, with the capac4 ity to provide effective help to the adult, youth,

5 and minor victims served by the collaboration.

6 ‘‘(3) REPORTS.—Each entity receiving a grant

7 under this section shall report to the Attorney Gen8 eral every 18 months, detailing how the funds have

9 been used.

10 ‘‘SEC. 41202. SERVICES TO ADVOCATE FOR AND RESPOND

11 TO TEENS.

12 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General

13 shall award grants to eligible entities to conduct programs

14 to serve youth between the ages of 12 and 24 of domestic

15 violence, dating violence, sexual assault, and stalking.

16 Amounts appropriated under this section may only be used

17 for programs and activities described under subsection (c).

18 ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive

19 a grant under this section, an entity shall be—

20 ‘‘(1) a nonprofit, nongovernmental entity, the

21 primary purpose of which is to provide services to

22 victims of domestic violence, dating violence, sexual

23 assault, or stalking;

24 ‘‘(2) a religious or community-based organiza25 tion that specializes in working with youth victims of


I3402.AHT
487 

202

•HR 3402 IH

1 domestic violence, dating violence, sexual assault, or

2 stalking;

3 ‘‘(3) an Indian Tribe or tribal organization pro4 viding services primarily to tribal youth or tribal vic5 tims of domestic violence, dating violence, sexual as6 sault or stalking; or

7 ‘‘(4) a nonprofit, nongovernmental entity pro8 viding services for runaway or homeless youth.

9 ‘‘(c) USE OF FUNDS.—

10 ‘‘(1) IN GENERAL.—An entity that receives a

11 grant under this section shall use amounts provided

12 under the grant to design or replicate, and imple13 ment, programs and services, using domestic vio14 lence, dating violence, sexual assault, and stalking

15 intervention models to respond to the needs of youth

16 who are victims of domestic violence, dating violence,

17 sexual assault or stalking.

18 ‘‘(2) TYPES OF PROGRAMS.—Such a program—

19 ‘‘(A) shall provide direct counseling and

20 advocacy for teens and young adults, who have

21 experienced domestic violence, dating violence,

22 sexual assault or stalking;

23 ‘‘(B) shall include linguistically, culturally,

24 and community relevant services for racial and

25 ethnic and other underserved populations or


I3402.AHU
488 

203

•HR 3402 IH

1 linkages to existing services in the community

2 tailored to the needs of racial and ethnic and

3 other underserved populations;

4 ‘‘(C) may include mental health services;

5 ‘‘(D) may include legal advocacy efforts on

6 behalf of minors and young adults with respect

7 to domestic violence, dating violence, sexual as8 sault or stalking;

9 ‘‘(E) may work with public officials and

10 agencies to develop and implement policies,

11 rules, and procedures in order to reduce or

12 eliminate domestic violence, dating violence,

13 sexual assault, and stalking against youth and

14 young adults; and

15 ‘‘(F) may use not more than 25 percent of

16 the grant funds to provide additional services

17 and resources for youth, including childcare,

18 transportation, educational support, and respite

19 care.

20 ‘‘(d) AWARDS BASIS.—

21 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less

22 than 10 percent of funds appropriated under this

23 section in any year shall be available for grants to

24 Indian Tribes or tribal organizations.


I3402.AHV
489 

204

•HR 3402 IH

1 ‘‘(2) ADMINISTRATION.—The Attorney General

2 shall not use more than 2.5 percent of funds appro3 priated under this section in any year for adminis4 tration, monitoring, and evaluation of grants made

5 available under this section.

6 ‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND

7 DATA COLLECTION.—Not less than 5 percent of

8 funds appropriated under this section in any year

9 shall be available to provide training, technical as10 sistance, and data collection for programs funded

11 under this section.

12 ‘‘(e) TERM.—The Attorney General shall make the

13 grants under this section for a period of 3 fiscal years.

14 ‘‘(f) REPORTS.—An entity receiving a grant under

15 this section shall submit to the Attorney General every 18

16 months a report of how grant funds have been used.

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

18 is authorized to be appropriated to carry out this section,

19 $15,000,000 for each of fiscal years 2006 through 2010.’’.

20 SEC. 702. GRANTS TO COMBAT VIOLENT CRIMES ON CAM21 PUSES.

22 (a) GRANTS AUTHORIZED.—

23 (1) IN GENERAL.—The Attorney General is au24 thorized to make grants to institutions of higher

25 education, for use by such institutions or consortia


I3402.AHW
490 

205

•HR 3402 IH

1 consisting of campus personnel, student organiza2 tions, campus administrators, security personnel,

3 and regional crisis centers affiliated with the institu4 tion, to develop and strengthen effective security and

5 investigation strategies to combat domestic violence,

6 dating violence, sexual assault, and stalking on cam7 puses, and to develop and strengthen victim services

8 in cases involving such crimes against women on

9 campuses, which may include partnerships with local

10 criminal justice authorities and community-based

11 victim services agencies.

12 (2) AWARD BASIS.—The Attorney General shall

13 award grants and contracts under this section on a

14 competitive basis for a period of 3 years. The Attor15 ney General, through the Director of the Office on

16 Violence Against Women, shall award the grants in

17 amounts of not more than $500,000 for individual

18 institutions of higher education and not more than

19 $1,000,000 for consortia of such institutions.

20 (3) EQUITABLE PARTICIPATION.—The Attorney

21 General shall make every effort to ensure—

22 (A) the equitable participation of private

23 and public institutions of higher education in

24 the activities assisted under this section;


I3402.AHX
491 

206

•HR 3402 IH

1 (B) the equitable geographic distribution of

2 grants under this section among the various re3 gions of the United States; and

4 (C) the equitable distribution of grants

5 under this section to tribal colleges and univer6 sities and traditionally black colleges and uni7 versities.

8 (b) USE OF GRANT FUNDS.—Grant funds awarded

9 under this section may be used for the following purposes:

10 (1) To provide personnel, training, technical as11 sistance, data collection, and other equipment with

12 respect to the increased apprehension, investigation,

13 and adjudication of persons committing domestic vi14 olence, dating violence, sexual assault, and stalking

15 on campus.

16 (2) To train campus administrators, campus se17 curity personnel, and personnel serving on campus

18 disciplinary or judicial boards to develop and imple19 ment campus policies, protocols, and services that

20 more effectively identify and respond to the crimes

21 domestic violence, dating violence, sexual assault,

22 and stalking. Within 90 days after the date of enact23 ment of this Act, the Attorney General shall issue

24 and make available minimum standards of training

25 relating to domestic violence, dating violence, sexual


I3402.AHY
492 

207

•HR 3402 IH

1 assault, and stalking on campus, for all campus se2 curity personnel and personnel serving on campus

3 disciplinary or judicial boards.

4 (3) To implement and operate education pro5 grams for the prevention of domestic violence, dating

6 violence, sexual assault and stalking.

7 (4) To develop, enlarge, or strengthen victim

8 services programs on the campuses of the institu9 tions involved, including programs providing legal,

10 medical, or psychological counseling, for victims of

11 domestic violence, dating violence, sexual assault,

12 and stalking, and to improve delivery of victim as13 sistance on campus. To the extent practicable, such

14 an institution shall collaborate with any entities car15 rying out nonprofit and other victim services pro16 grams, including domestic violence, dating violence,

17 sexual assault, and stalking victim services programs

18 in the community in which the institution is located.

19 If appropriate victim services programs are not

20 available in the community or are not accessible to

21 students, the institution shall, to the extent prac22 ticable, provide a victim services program on campus

23 or create a victim services program in collaboration

24 with a community-based organization. The institu25 tion shall use not less than 20 percent of the funds


I3402.AHZ
493 

208

•HR 3402 IH

1 made available through the grant for a victim serv2 ices program provided in accordance with this para3 graph.

4 (5) To create, disseminate, or otherwise provide

5 assistance and information about victims’ options on

6 and off campus to bring disciplinary or other legal

7 action, including assistance to victims in immigra8 tion matters.

9 (6) To develop, install, or expand data collec10 tion and communication systems, including comput11 erized systems, linking campus security to the local

12 law enforcement for the purpose of identifying and

13 tracking arrests, protection orders, violations of pro14 tection orders, prosecutions, and convictions with re15 spect to the crimes of domestic violence, dating vio16 lence, sexual assault, and stalking on campus.

17 (7) To provide capital improvements (including

18 improved lighting and communications facilities but

19 not including the construction of buildings) on cam20 puses to address the crimes of domestic violence,

21 dating violence, sexual assault, and stalking.

22 (8) To support improved coordination among

23 campus administrators, campus security personnel,

24 and local law enforcement to reduce domestic vioVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00497 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AIA
494 

209

•HR 3402 IH

1 lence, dating violence, sexual assault, and stalking

2 on campus.

3 (c) APPLICATIONS.—

4 (1) IN GENERAL.—In order to be eligible to be

5 awarded a grant under this section for any fiscal

6 year, an institution of higher education shall submit

7 an application to the Attorney General at such time

8 and in such manner as the Attorney General shall

9 prescribe.

10 (2) CONTENTS.—Each application submitted

11 under paragraph (1) shall—

12 (A) describe the need for grant funds and

13 the plan for implementation for any of the pur14 poses described in subsection (b);

15 (B) include proof that the institution of

16 higher education collaborated with any non17 profit, nongovernmental entities carrying out

18 other victim services programs, including do19 mestic violence, dating violence, sexual assault,

20 and stalking victim services programs in the

21 community in which the institution is located;

22 (C) describe the characteristics of the pop23 ulation being served, including type of campus,

24 demographics of the population, and number of

25 students;


I3402.AIB
495 

210

•HR 3402 IH

1 (D) provide measurable goals and expected

2 results from the use of the grant funds;

3 (E) provide assurances that the Federal

4 funds made available under this section shall be

5 used to supplement and, to the extent practical,

6 increase the level of funds that would, in the

7 absence of Federal funds, be made available by

8 the institution for the purposes described in

9 subsection (b); and

10 (F) include such other information and as11 surances as the Attorney General reasonably

12 determines to be necessary.

13 (3) COMPLIANCE WITH CAMPUS CRIME REPORT14 ING REQUIRED.—No institution of higher education

15 shall be eligible for a grant under this section unless

16 such institution is in compliance with the require17 ments of section 485(f) of the Higher Education Act

18 of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of the

19 total amount of grant funds appropriated under this

20 section for fiscal years 2006 through 2010 may be

21 used to provide technical assistance in complying

22 with the mandatory reporting requirements of sec23 tion 485(f) of such Act.

24 (d) GENERAL TERMS AND CONDITIONS.—


I3402.AIC
496 

211

•HR 3402 IH

1 (1) NONMONETARY ASSISTANCE.—In addition

2 to the assistance provided under this section, the At3 torney General may request any Federal agency to

4 use the agency’s authorities and the resources grant5 ed to the agency under Federal law (including per6 sonnel, equipment, supplies, facilities, and manage7 rial, technical, and advisory services) in support of

8 campus security, and investigation and victim service

9 efforts.

10 (2) CONFIDENTIALITY.—

11 (A) NONDISCLOSURE OF CONFIDENTIAL

12 OR PRIVATE INFORMATION.—In order to ensure

13 the safety of adult and minor victims of domes14 tic violence, dating violence, sexual assault, or

15 stalking and their families, grantees and sub16 grantees under this section shall reasonably—

17 (i) protect the confidentiality and pri18 vacy of persons receiving services under

19 the grants and subgrants; and

20 (ii) not disclose and personally identi21 fying information, or individual client in22 formation, collected in connection with

23 services requested, utilized, or denied

24 through programs provided by such grant25 ees and subgrantees under this section.


I3402.AID
497 

212

•HR 3402 IH

1 (B) CONSENT.—A grantee or subgrantee

2 under this section shall not reveal personally

3 any identifying information or individual client

4 information collected as described in subpara5 graph (A) without the informed, written, and

6 reasonably time-limited consent of the person

7 (or, in the case of an unemancipated minor, the

8 minor and the parent or guardian of the minor)

9 about whom information is sought, whether for

10 the program carried out under this section or

11 any other Federal, State, tribal, or territorial

12 assistance program.

13 (C) COMPELLED RELEASE AND NOTICE.—

14 If a grantee or subgrantee under this section is

15 compelled by statutory or court mandate to dis16 close information described in subparagraph

17 (A), the grantee or subgrantee—

18 (i) shall make reasonable attempts to

19 provide notice to individuals affected by

20 the disclosure of information; and

21 (ii) shall take steps necessary to pro22 tect the privacy and safety of the indi23 vidual affected by the disclosure.

24 (D) PERMISSIVE SHARING.—Grantees and

25 subgrantees under this section may share with


I3402.AIE
498 

213

•HR 3402 IH

1 each other, in order to comply with Federal,

2 State, tribal, or territorial reporting, evaluation,

3 or data collection requirements—

4 (i) aggregate data, that is not person5 ally identifying information, regarding

6 services provided to their clients; and

7 (ii) demographic information that is

8 not personally identifying information.

9 (E) COURT-GENERATED AND LAW EN10 FORCEMENT-GENERATED INFORMATION.—

11 Grantees and subgrantees under this section

12 may share with each other—

13 (i) court-generated information con14 tained in secure, governmental registries

15 for protection order enforcement purposes;

16 and

17 (ii) law enforcement-generated infor18 mation.

19 (F) DEFINITION.—As used in this para20 graph, the term ‘‘personally identifying infor21 mation’’ means individually identifying informa22 tion from or about an individual, including—

23 (i) first and last name;


I3402.AIF
499 

214

•HR 3402 IH

1 (ii) home or other physical address,

2 including street name and name of city or

3 town;

4 (iii) email address or other online con5 tact information, such as an instant- mes6 saging user identifier or a screen name

7 that reveals an individual’s email address;

8 (iv) telephone number;

9 (v) social security number;

10 (vi) Internet Protocol (‘‘IP’’) address

11 or host name that identifies an individual;

12 (vii) persistent identifier, such as a

13 customer number held in a ‘‘cookie’’ or

14 processor serial number, that is combined

15 with other available data that identities an

16 individual; or

17 (viii) information that, in combination

18 with the information in any of the clauses

19 (i) through (vii), would serve to identify

20 any individual, including—

21 (I) grade point average;

22 (II) date of birth;

23 (III) academic or occupational in24 terests;


I3402.AIG
500 

215

•HR 3402 IH

1 (IV) athletic or extracurricular

2 interests;

3 (V) racial or ethnic background;

4 or

5 (VI) religious affiliation.

6 (3) GRANTEE REPORTING.—

7 (A) ANNUAL REPORT.—Each institution of

8 higher education receiving a grant under this

9 section shall submit a biennial performance re10 port to the Attorney General. The Attorney

11 General shall suspend funding under this sec12 tion for an institution of higher education if the

13 institution fails to submit such a report.

14 (B) FINAL REPORT.—Upon completion of

15 the grant period under this section, the institu16 tion shall file a performance report with the At17 torney General and the Secretary of Education

18 explaining the activities carried out under this

19 section together with an assessment of the ef20 fectiveness of those activities in achieving the

21 purposes described in subsection (b).

22 (4) REPORT TO CONGRESS.—Not later than

23 180 days after the end of the fiscal year for which

24 grants are awarded under this section, the Attorney


I3402.AIH
501 

216

•HR 3402 IH

1 General shall submit to Congress a report that

2 includes—

3 (A) the number of grants, and the amount

4 of funds, distributed under this section;

5 (B) a summary of the purposes for which

6 the grants were provided and an evaluation of

7 the progress made under the grant;

8 (C) a statistical summary of the persons

9 served, detailing the nature of victimization,

10 and providing data on age, sex, race, ethnicity,

11 language, disability, relationship to offender, ge12 ographic distribution, and type of campus; and

13 (D) an evaluation of the effectiveness of

14 programs funded under this part.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—For the

16 purpose of carrying out this section, there are authorized

17 to be appropriated $15,000,000 for each of fiscal years

18 2006 through 2010.

19 SEC. 703. SAFE HAVENS.

20 Section 1301 of the Victims of Trafficking and Vio21 lence Protection Act of 2000 (42 U.S.C. 10420) is

22 amended—

23 (1) by striking the section heading and insert24 ing the following:


I3402.AII
502 

217

•HR 3402 IH

1 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’;

2 (2) in subsection (a)—

3 (A) by inserting ‘‘, through the Director of

4 the Office on Violence Against Women,’’ after

5 ‘‘Attorney General’’;

6 (B) by inserting ‘‘public or nonprofit non7 governmental entities, and to’’ after ‘‘may

8 award grants to’’;

9 (C) by inserting ‘‘dating violence,’’ after

10 ‘‘domestic violence,’’;

11 (D) by striking ‘‘to provide’’ and inserting

12 the following:

13 ‘‘(1) to provide’’;

14 (E) by striking the period at the end and

15 inserting a semicolon; and

16 (F) by adding at the end the following:

17 ‘‘(2) to protect children from the trauma of wit18 nessing domestic or dating violence or experiencing

19 abduction, injury, or death during parent and child

20 visitation exchanges;

21 ‘‘(3) to protect parents or caretakers who are

22 victims of domestic and dating violence from experi23 encing further violence, abuse, and threats during

24 child visitation exchanges; and

25 ‘‘(4) to protect children from the trauma of ex26 periencing sexual assault or other forms of physical


I3402.AIJ
503 

218

•HR 3402 IH

1 assault or abuse during parent and child visitation

2 and visitation exchanges.’’; and

3 (3) by striking subsection (e) and inserting the

4 following:

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(1) IN GENERAL.—There is authorized to be

7 appropriated to carry out this section, $20,000,000

8 for each of fiscal years 2006 through 2010. Funds

9 appropriated under this section shall remain avail10 able until expended.

11 ‘‘(2) USE OF FUNDS.—Of the amounts appro12 priated to carry out this section for each fiscal year,

13 the Attorney General shall—

14 ‘‘(A) set aside not less than 5 percent for

15 grants to Indian tribal governments or tribal

16 organizations;

17 ‘‘(B) use not more than 3 percent for eval18 uation, monitoring, site visits, grantee con19 ferences, and other administrative costs associ20 ated with conducting activities under this sec21 tion; and

22 ‘‘(C) set aside not more than 8 percent for

23 training, technical assistance, and data collec24 tion to be provided by organizations having na25 tionally recognized expertise in the design of


I3402.AIK
504 

219

•HR 3402 IH

1 safe and secure supervised visitation programs

2 and visitation exchange of children in situations

3 involving domestic violence, dating violence, sex4 ual assault, or stalking.’’.

5 SEC. 704. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT6 ING VIOLENCE, SEXUAL ASSAULT, AND

7 STALKING IN MIDDLE AND HIGH SCHOOLS.

8 (a) SHORT TITLE.—This section may be cited as the

9 ‘‘Supporting Teens through Education and Protection Act

10 of 2005’’ or the ‘‘STEP Act’’.

11 (b) GRANTS AUTHORIZED.—The Attorney General,

12 through the Director of the Office on Violence Against

13 Women, is authorized to award grants to middle schools

14 and high schools that work with domestic violence and sex15 ual assault experts to enable the schools—

16 (1) to provide training to school administrators,

17 faculty, counselors, coaches, healthcare providers, se18 curity personnel, and other staff on the needs and

19 concerns of students who experience domestic vio20 lence, dating violence, sexual assault, or stalking,

21 and the impact of such violence on students;

22 (2) to develop and implement policies in middle

23 and high schools regarding appropriate, safe re24 sponses to, and identification and referral proce25 dures for, students who are experiencing or perpeVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00508 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AIL
505 

220

•HR 3402 IH

1 trating domestic violence, dating violence, sexual as2 sault, or stalking, including procedures for handling

3 the requirements of court protective orders issued to

4 or against students or school personnel, in a manner

5 that ensures the safety of the victim and holds the

6 perpetrator accountable;

7 (3) to provide support services for students and

8 school personnel, such as a resource person who is

9 either on-site or on-call, and who is an expert de10 scribed in subsections (i)(2) and (i)(3), for the pur11 pose of developing and strengthening effective pre12 vention and intervention strategies for students and

13 school personnel experiencing domestic violence, dat14 ing violence, sexual assault or stalking;

15 (4) to provide developmentally appropriate edu16 cational programming to students regarding domes17 tic violence, dating violence, sexual assault, and

18 stalking, and the impact of experiencing domestic vi19 olence, dating violence, sexual assault, and stalking

20 on children and youth by adapting existing curricula

21 activities to the relevant student population;

22 (5) to work with existing mentoring programs

23 and develop strong mentoring programs for stu24 dents, including student athletes, to help them un25 derstand and recognize violence and violent behavior,


I3402.AIM
506 

221

•HR 3402 IH

1 how to prevent it and how to appropriately address

2 their feelings; and

3 (6) to conduct evaluations to assess the impact

4 of programs and policies assisted under this section

5 in order to enhance the development of the pro6 grams.

7 (c) AWARD BASIS.—The Director shall award grants

8 and contracts under this section on a competitive basis.

9 (d) POLICY DISSEMINATION.—The Director shall dis10 seminate to middle and high schools any existing Depart11 ment of Justice, Department of Health and Human Serv12 ices, and Department of Education policy guidance and

13 curricula regarding the prevention of domestic violence,

14 dating violence, sexual assault, and stalking, and the im15 pact of the violence on children and youth.

16 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

17 INFORMATION.—In order to ensure the safety of adult,

18 youth, and minor victims of domestic violence, dating vio19 lence, sexual assault, or stalking and their families, grant20 ees and subgrantees shall protect the confidentiality and

21 privacy of persons receiving services. Grantees and sub22 grantees pursuant to this section shall not disclose any

23 personally identifying information or individual informa24 tion collected in connection with services requested, uti25 lized, or denied through grantees’ and subgrantees’ proVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00510 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AIN
507 

222

•HR 3402 IH

1 grams. Grantees and subgrantees shall not reveal indi2 vidual client information without the informed, written,

3 reasonably time-limited consent of the person (or in the

4 case of unemancipated minor, the minor and the parent

5 or guardian) about whom information is sought, whether

6 for this program or any other Tribal, Federal, State or

7 Territorial grant program. If release of such information

8 is compelled by statutory or court mandate, grantees and

9 subgrantees shall make reasonable attempts to provide no10 tice to victims affected by the disclosure of information.

11 If such personally identifying information is or will be re12 vealed, grantees and subgrantees shall take steps nec13 essary to protect the privacy and safety of the persons af14 fected by the release of the information. Grantees may

15 share non-personally identifying data in the aggregate re16 garding services to their clients and non-personally identi17 fying demographic information in order to comply with

18 Tribal, Federal, State or Territorial reporting, evaluation,

19 or data collection requirements. Grantees and subgrantees

20 may share court-generated information contained in se21 cure, governmental registries for protection order enforce22 ment purposes.

23 (f) GRANT TERM AND ALLOCATION.—

24 (1) TERM.—The Director shall make the grants

25 under this section for a period of 3 fiscal years.


I3402.AIO
508 

223

•HR 3402 IH

1 (2) ALLOCATION.—Not more than 15 percent

2 of the funds available to a grantee in a given year

3 shall be used for the purposes described in sub4 section (b)(4)(D), (b),(5), and (b)(6).

5 (g) DISTRIBUTION.—

6 (1) IN GENERAL.—Not less than 5 percent of

7 funds appropriated under subsection (l) in any year

8 shall be available for grants to tribal schools, schools

9 on tribal lands or schools whose student population

10 is more than 25 percent native American.

11 (2) ADMINISTRATION.—The Director shall not

12 use more than 5 percent of funds appropriated

13 under subsection (l) in any year for administration,

14 monitoring and evaluation of grants made available

15 under this section.

16 (3) TRAINING, TECHNICAL ASSISTANCE, AND

17 DATA COLLECTION.—Not less than 5 percent of

18 funds appropriated under subsection (l) in any year

19 shall be available to provide training, technical as20 sistance, and data collection for programs funded

21 under this section.

22 (h) APPLICATION.—To be eligible to be awarded a

23 grant or contract under this section for any fiscal year,

24 a middle or secondary school, in consultation with an ex25 pert as described in subsections (i)(2) and (i)(3), shall


I3402.AIP
509 

224

•HR 3402 IH

1 submit an application to the Director at such time and

2 in such manner as the Director shall prescribe.

3 (i) ELIGIBLE ENTITIES.—To be eligible to receive a

4 grant under this section, an entity shall be a partnership

5 that—

6 (1) shall include a public, charter, tribal, or na7 tionally accredited private middle or high school, a

8 school administered by the Department of Defense

9 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of

10 schools, or a school district;

11 (2) shall include a domestic violence victim

12 service provider that has a history of working on do13 mestic violence and the impact that domestic vio14 lence and dating violence have on children and

15 youth;

16 (3) shall include a sexual assault victim service

17 provider, such as a rape crisis center, program serv18 ing tribal victims of sexual assault, or coalition or

19 other nonprofit nongovernmental organization car20 rying out a community-based sexual assault pro21 gram, that has a history of effective work concerning

22 sexual assault and the impact that sexual assault

23 has on children and youth; and

24 (4) may include a law enforcement agency, the

25 State, Tribal, Territorial or local court, nonprofit


I3402.AIQ
510 

225

•HR 3402 IH

1 nongovernmental organizations and service providers

2 addressing sexual harassment, bullying or gang-re3 lated violence in schools, and any other such agen4 cies or nonprofit nongovernmental organizations

5 with the capacity to provide effective assistance to

6 the adult, youth, and minor victims served by the

7 partnership.

8 (j) PRIORITY.—In awarding grants under this sec9 tion, the Director shall give priority to entities that have

10 submitted applications in partnership with relevant courts

11 or law enforcement agencies.

12 (k) REPORTING AND DISSEMINATION OF INFORMA13 TION.—

14 (1) REPORTING.—Each of the entities that are

15 members of the applicant partnership described in

16 subsection (i), that receive a grant under this section

17 shall jointly prepare and submit to the Director

18 every 18 months a report detailing the activities that

19 the entities have undertaken under the grant and

20 such additional information as the Director shall re21 quire.

22 (2) DISSEMINATION OF INFORMATION.—Within

23 9 months of the completion of the first full grant

24 cycle, the Director shall publicly disseminate, includ25 ing through electronic means, model policies and


I3402.AIR
511 

226

•HR 3402 IH

1 procedures developed and implemented in middle

2 and high schools by the grantees, including informa3 tion on the impact the policies have had on their re4 spective schools and communities.

5 (l) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—There is authorized to be

7 appropriated to carry out this section, $5,000,000

8 for each of fiscal years 2006 through 2010.

9 (2) AVAILABILITY.—Funds appropriated under

10 paragraph (1) shall remain available until expended.

11 TITLE VIII—STRENGTHENING

12 AMERICA’S FAMILIES BY PRE13 VENTING VIOLENCE IN THE

14 HOME

15 SEC. 801. PREVENTING VIOLENCE IN THE HOME.

16 The Violence Against Women Act of 1994 is amended

17 by adding after subtitle L (as added by section 701) the

18 following:

19 ‘‘Subtitle M—Strengthening Amer20 ica’s Families by Preventing Vi21 olence in the Home

22 ‘‘SEC. 41301. PURPOSE.

23 ‘‘The purpose of this subtitle is to—


I3402.AIS
512 

227

•HR 3402 IH

1 ‘‘(1) prevent crimes involving domestic violence,

2 dating violence, sexual assault, and stalking, includ3 ing when committed against children and youth;

4 ‘‘(2) increase the resources and services avail5 able to prevent domestic violence, dating violence,

6 sexual assault, and stalking, including when com7 mitted against children and youth;

8 ‘‘(3) reduce the impact of exposure to violence

9 in the lives of children and youth so that the

10 intergenerational cycle of violence is interrupted;

11 ‘‘(4) develop and implement education and serv12 ices programs to prevent children in vulnerable fami13 lies from becoming victims or perpetrators of domes14 tic violence, dating violence, sexual assault, or stalk15 ing;

16 ‘‘(5) promote programs to ensure that children

17 and youth receive the assistance they need to end

18 the cycle of violence and develop mutually respectful,

19 nonviolent relationships; and

20 ‘‘(6) encourage collaboration among community21 based organizations and governmental agencies serv22 ing children and youth, providers of health and men23 tal health services and providers of domestic vio24 lence, dating violence, sexual assault, and stalking

25 victim services to prevent violence.


I3402.AIT
513 

228

•HR 3402 IH

1 ‘‘SEC. 41302. GRANTS TO ASSIST CHILDREN AND YOUTH EX2 POSED TO VIOLENCE.

3 ‘‘(a) GRANTS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Office on Violence

6 Against Women, and in consultation with the Sec7 retary of Health and Human Services, is authorized

8 to award grants on a competitive basis to eligible en9 tities for the purpose of mitigating the effects of do10 mestic violence, dating violence, sexual assault, and

11 stalking on children exposed to such violence, and

12 reducing the risk of future victimization or perpetra13 tion of domestic violence, dating violence, sexual as14 sault, and stalking.

15 ‘‘(2) TERM.—The Director shall make grants

16 under this section for a period of 3 fiscal years.

17 ‘‘(3) AWARD BASIS.—The Director shall award

18 grants—

19 ‘‘(A) considering the needs of racial and

20 ethnic and other underserved populations, as

21 defined in section 2000B of the Omnibus Crime

22 Control and Safe Streets Act of 1968;

23 ‘‘(B) awarding not less than 10 percent of

24 such amounts for the funding of tribal projects

25 from the amounts made available under this

26 section for a fiscal year;


I3402.AIU
514 

229

•HR 3402 IH

1 ‘‘(C) awarding up to 8 percent for the

2 funding of training, technical assistance, and

3 data collection programs from the amounts

4 made available under this section for a fiscal

5 year; and

6 ‘‘(D) awarding not less than 66 percent to

7 programs described in subsection (c)(1) from

8 the amounts made available under this section

9 for a fiscal year.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

11 is authorized to be appropriated to carry out this section

12 $20,000,000 for each of fiscal years 2006 through 2010.

13 ‘‘(c) USE OF FUNDS.—The funds appropriated under

14 this section shall be used for—

15 ‘‘(1) programs that provide services for children

16 exposed to domestic violence, dating violence, sexual

17 assault, or stalking, which may include direct coun18 seling, advocacy, or mentoring, and must include

19 support for the nonabusing parent or the child’s

20 caretaker;

21 ‘‘(2) training and coordination for programs

22 that serve children and youth (such as Head Start,

23 child care, and after-school programs) on how to

24 safely and confidentially identify children and fami25 lies experiencing domestic violence and properly refer


I3402.AIV
515 

230

•HR 3402 IH

1 them to programs that can provide direct services to

2 the family and children, and coordination with other

3 domestic violence or other programs serving children

4 exposed to domestic violence, dating violence, sexual

5 assault, or stalking that can provide the training

6 and direct services referenced in this subsection; or

7 ‘‘(3) advocacy within the systems that serve

8 children to improve the system’s understanding of

9 and response to children who have been exposed to

10 domestic violence and the needs of the nonabusing

11 parent.

12 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive

13 a grant under this section, an entity shall be—

14 ‘‘(1) a victim service provider, tribal nonprofit

15 organization or community-based organization that

16 has a documented history of effective work con17 cerning children or youth exposed to domestic vio18 lence, dating violence, sexual assault, or stalking, in19 cluding programs that provide culturally specific

20 services, Head Start, child care, after school pro21 grams, and health and mental health providers; or

22 ‘‘(2) a State, territorial, or tribal, or local unit

23 of government agency that is partnered with an or24 ganization described in paragraph (1).


I3402.AIW
516 

231

•HR 3402 IH

1 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

2 an entity shall—

3 ‘‘(1) prepare and submit to the Director an ap4 plication at such time, in such manner, and con5 taining such information as the Director may re6 quire; and

7 ‘‘(2) at a minimum, describe in the application

8 the policies and procedures that the entity has or

9 will adopt to—

10 ‘‘(A) enhance or ensure the safety and se11 curity of children who have been exposed to vio12 lence and their nonabusing parent, enhance or

13 ensure the safety and security of children and

14 their nonabusing parent in homes already expe15 riencing domestic violence, dating violence, sex16 ual assault, or stalking; and

17 ‘‘(B) ensure linguistically, culturally, and

18 community relevant services for racial and eth19 nic and other underserved populations.

20 ‘‘(f) REPORTS.—An entity receiving a grant under

21 this section shall prepare and submit to the Director every

22 18 months a report detailing the activities undertaken

23 with grant funds, providing additional information as the

24 Director shall require.


I3402.AIX
517 

232

•HR 3402 IH

1 ‘‘SEC. 41303. BUILDING ALLIANCES AMONG MEN, WOMEN,

2 AND YOUTH TO PREVENT DOMESTIC VIO3 LENCE, DATING VIOLENCE, SEXUAL ASSAULT,

4 AND STALKING.

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) IN GENERAL.—The Attorney General, act7 ing through the Director of the Office on Violence

8 Against Women, and in collaboration with the Sec9 retary of Health and Human Services, shall award

10 grants on a competitive basis to eligible entities for

11 the purpose of developing or enhancing programs re12 lated to building alliances among men, women, and

13 youth to prevent domestic violence, dating violence,

14 sexual assault, and stalking by helping them to de15 velop mutually respectful, nonviolent relationships.

16 ‘‘(2) TERM.—The Director shall make grants

17 under this section for a period of 3 fiscal years.

18 ‘‘(3) AWARD BASIS.—The Director shall award

19 grants—

20 ‘‘(A) considering the needs of racial and

21 ethnic and other underserved populations (as

22 defined in section 2000B of the Omnibus Crime

23 Control and Safe Streets Act of 1968);

24 ‘‘(B) with respect to gender-specific pro25 grams described under subsection (c)(1)(A), enVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00521 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AIY
518 

233

•HR 3402 IH

1 suring reasonable distribution of funds to pro2 grams for boys and programs for girls;

3 ‘‘(C) awarding not less than 10 percent of

4 such amounts for the funding of tribal projects

5 from the amounts made available under this

6 section for a fiscal year; and

7 ‘‘(D) awarding up to 8 percent for the

8 funding of training, technical assistance, and

9 data collection for grantees and non-grantees

10 working in this area and evaluation programs

11 from the amounts made available under this

12 section for a fiscal year.

13 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

14 is authorized to be appropriated to carry out this section

15 $10,000,000 for each of fiscal years 2006 through 2010.

16 ‘‘(c) USE OF FUNDS.—

17 ‘‘(1) PROGRAMS.—The funds appropriated

18 under this section shall be used by eligible entities

19 for—

20 ‘‘(A) public education and community

21 based programs, including gender-specific pro22 grams in accordance with applicable laws—

23 ‘‘(i) to encourage children and youth

24 to pursue only mutually respectful, non25 violent relationships and empower them to


I3402.AIZ
519 

234

•HR 3402 IH

1 reduce their risk of becoming victims or

2 perpetrators of domestic violence, dating

3 violence, sexual assault, or stalking; and

4 ‘‘(ii) that include at a minimum—

5 ‘‘(I) information on domestic vio6 lence, dating violence, sexual assault,

7 stalking, or child sexual abuse and

8 how they affect children and youth;

9 and

10 ‘‘(II) strategies to help partici11 pants be as safe as possible; or

12 ‘‘(B) public education campaigns and com13 munity organizing to encourage men and boys

14 to work as allies with women and girls to pre15 vent domestic violence, dating violence, stalking,

16 and sexual assault conducted by entities that

17 have experience in conducting public education

18 campaigns that address domestic violence, dat19 ing violence, sexual assault, or stalking.

20 ‘‘(2) MEDIA LIMITS.—No more than 25 percent

21 of funds received by a grantee under this section

22 may be used to create and distribute media mate23 rials.

24 ‘‘(d) ELIGIBLE ENTITIES.—


I3402.AJA
520 

235

•HR 3402 IH

1 ‘‘(1) RELATIONSHIPS.—Eligible entities under

2 subsection (c)(1)(A) are—

3 ‘‘(A) nonprofit, nongovernmental domestic

4 violence, dating violence, sexual assault, or

5 stalking victim service providers or coalitions;

6 ‘‘(B) community-based child or youth serv7 ices organizations with demonstrated experience

8 and expertise in addressing the needs and con9 cerns of young people;

10 ‘‘(C) a State, territorial, tribal, or unit of

11 local governmental entity that is partnered with

12 an organization described in subparagraph (A)

13 or (B); or

14 ‘‘(D) a program that provides culturally

15 specific services.

16 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities

17 under subsection (c)(1)(B) are—

18 ‘‘(A) nonprofit, nongovernmental organiza19 tions or coalitions that have a documented his20 tory of creating and administering effective

21 public education campaigns addressing the pre22 vention of domestic violence, dating violence,

23 sexual assault or stalking; or


I3402.AJB
521 

236

•HR 3402 IH

1 ‘‘(B) a State, territorial, tribal, or unit of

2 local governmental entity that is partnered with

3 an organization described in subparagraph (A).

4 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

5 an entity shall—

6 ‘‘(1) prepare and submit to the Director an ap7 plication at such time, in such manner, and con8 taining such information as the Director may re9 quire; and

10 ‘‘(2) for a grant under subsection (c)(1)(A), de11 scribe in the application the policies and procedures

12 that the entity has or will adopt to—

13 ‘‘(A) enhance or ensure the safety and se14 curity of children and youth already experi15 encing domestic violence, dating violence, sexual

16 assault, or stalking in their lives;

17 ‘‘(B) provide, where appropriate, linguis18 tically, culturally, and community relevant serv19 ices for racial and ethnic and other underserved

20 populations;

21 ‘‘(C) inform participants about laws, serv22 ices, and resources in the community, and make

23 referrals as appropriate; and

24 ‘‘(D) ensure that State and local domestic

25 violence, dating violence, sexual assault, and


I3402.AJC
522 

237

•HR 3402 IH

1 stalking victim service providers and coalitions

2 are aware of the efforts of organizations receiv3 ing grants under this section.

4 ‘‘(f) REPORTS.—An entity receiving a grant under

5 this section shall prepare and submit to the Director every

6 18 months a report detailing the activities undertaken

7 with grant funds, including an evaluation of funded pro8 grams and providing additional information as the Direc9 tor shall require.

10 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT

11 PROGRAMS FOR HOME VISITATION

12 PROJECTS.

13 ‘‘(a) GRANTS AUTHORIZED.—

14 ‘‘(1) IN GENERAL.—The Attorney General, act15 ing through the Director of the Office on Violence

16 Against Women, shall award grants on a competitive

17 basis to home visitation programs, in collaboration

18 with law enforcement, victim service providers, for

19 the purposes of developing and implementing model

20 policies and procedures to train home visitation serv21 ice providers on addressing domestic violence, dating

22 violence, sexual assault, and stalking in families ex23 periencing violence, or at risk of violence, to reduce

24 the impact of that violence on children, maintain


I3402.AJD
523 

238

•HR 3402 IH

1 safety, improve parenting skills, and break

2 intergenerational cycles of violence.

3 ‘‘(2) TERM.—The Director shall make the

4 grants under this section for a period of 2 fiscal

5 years.

6 ‘‘(3) AWARD BASIS.—The Director shall—

7 ‘‘(A) consider the needs of underserved

8 populations;

9 ‘‘(B) award not less than 7 percent of such

10 amounts for the funding of tribal projects from

11 the amounts made available under this section

12 for a fiscal year; and

13 ‘‘(C) award up to 8 percent for the funding

14 of technical assistance programs from the

15 amounts made available under this section for

16 a fiscal year.

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

18 is authorized to be appropriated to carry out this section

19 $5,000,000 for each of fiscal years 2006 through 2010.

20 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive

21 a grant under this section, an entity shall be a national,

22 Federal, State, local, territorial, or tribal—

23 ‘‘(1) home visitation program that provides

24 services to pregnant women and to young children

25 and their parent or primary caregiver that are proVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00527 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AJE
524 

239

•HR 3402 IH

1 vided in the permanent or temporary residence or in

2 other familiar surroundings of the individual or fam3 ily receiving such services; or

4 ‘‘(2) victim services organization or agency in

5 collaboration with an organization or organizations

6 listed in paragraph (1).

7 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section,

8 an entity shall—

9 ‘‘(1) prepare and submit to the Director an ap10 plication at such time, in such manner, and con11 taining such information as the Director may re12 quire; and

13 ‘‘(2) describe in the application the policies and

14 procedures that the entity has or will adopt to—

15 ‘‘(A) enhance or ensure the safety and se16 curity of children and their nonabusing parent

17 in homes already experiencing domestic vio18 lence, dating violence, sexual assault, or stalk19 ing;

20 ‘‘(B) ensure linguistically, culturally, and

21 community relevant services for racial ethnic

22 and other underserved communities;

23 ‘‘(C) ensure the adequate training by do24 mestic violence, dating violence, sexual assault


I3402.AJF
525 

240

•HR 3402 IH

1 or stalking victim service providers of home visi2 tation grantee program staff to—

3 ‘‘(i) safely screen for or recognize (or

4 both) domestic violence, dating violence,

5 sexual assault, and stalking;

6 ‘‘(ii) understand the impact of domes7 tic violence or sexual assault on children

8 and protective actions taken by a non9 abusing parent or caretaker in response to

10 violence against anyone in the household;

11 and

12 ‘‘(iii) link new parents with existing

13 community resources in communities where

14 resources exist; and

15 ‘‘(D) ensure that relevant State and local

16 domestic violence, dating violence, sexual as17 sault, and stalking victim service providers and

18 coalitions are aware of the efforts of organiza19 tions receiving grants under this section, and

20 are included as training partners, where pos21 sible.’’.


I3402.AJG
526 

241

•HR 3402 IH

1 TITLE IX—PROTECTION FOR IM2 MIGRANT VICTIMS OF VIO3 LENCE

4 SECTION 900. SHORT TITLE OF TITLE; REFERENCES TO

5 VAWA–2000; REGULATIONS.

6 (a) SHORT TITLE OF TITLE.—This title may be cited

7 as ‘‘Immigrant Victims of Violence Protection Act of

8 2005’’.

9 (b) REFERENCES TO VAWA–2000.—In this title, the

10 term ‘‘VAWA–2000’’ means the Violence Against Women

11 Act of 2000 (division B of Public Law 106–386).

12 (c) REGULATIONS.— Not later than 180 days after

13 the date of the enactment of this Act, the Attorney Gen14 eral, the Secretary of Homeland Security, and Secretary

15 of State shall promulgate regulations to implement the

16 provisions contained in the Battered Immigrant Women

17 Protection Act of 2000 (title V of VAWA–2000) and the

18 amendments made by (and the provisions of) this title.

19 In applying such regulations, in the case of petitions or

20 applications filed on or before the effective date of publica21 tion of such regulations for relief covered by such regula22 tions, there shall be no requirement to submit an addi23 tional petition or application and any priority or similar

24 date with respect to such a petition or application shall


I3402.AJH
527 

242

•HR 3402 IH

1 relate back to the date of the filing of the petition or appli2 cation.

3 Subtitle A—Victims of Crime

4 SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS.

5 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC6 TIMS OF TRAFFICKING.—Clause (ii) of section

7 101(a)(15)(T) of the Immigration and Nationality Act (8

8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:

9 ‘‘(ii) if accompanying, or following to join,

10 the alien described in clause (i)—

11 ‘‘(I) in the case of an alien so de12 scribed who is under 21 years of age, the

13 spouse, children, unmarried siblings under

14 18 years of age on the date on which such

15 alien applied for status under such clause,

16 and parents of such alien; or

17 ‘‘(II) in the case of an alien described

18 in clause (i) who is 21 years of age or

19 older, the spouse and children of such

20 alien;’’.

21 (b) DURATION OF U AND T VISAS.—

22 (1) U VISAS.—Section 214(p) of such Act (8

23 U.S.C. 1184(p)) is amended by adding at the end

24 the following new paragraph:


I3402.AJI
528 

243

•HR 3402 IH

1 ‘‘(6) DURATION OF STATUS.—The authorized

2 period of status of an alien as a nonimmigrant

3 under section 101(a)(15)(U) shall be 4 years, but

4 shall be extended—

5 ‘‘(A) on a year-by-year basis upon certifi6 cation from a Federal, State or local law en7 forcement official, prosecutor, judge, or other

8 Federal, State or local authority investigating

9 or prosecuting criminal activity described in

10 section 101(a)(15)(U)(iii) that the alien’s con11 tinued presence in the United States is required

12 to assist in the investigation or prosecution of

13 such criminal activity; and

14 ‘‘(B) if the alien files an application for ad15 justment of status under section 245(m), until

16 final adjudication of such application.’’.

17 (2) T VISAS.—Section 214(o) of such Act (8

18 U.S.C. 1184(o)), as redesignated by section 8(a)(3)

19 of the Trafficking Victims Protection Reauthoriza20 tion Act of 2003 (Public Law 108–193), is amended

21 by adding at the end the following:

22 ‘‘(7) The authorized period of status of an alien as

23 a nonimmigrant status under section 101(a)(15)(T) shall

24 be 4 years, but shall be extended—


I3402.AJJ
529 

244

•HR 3402 IH

1 ‘‘(A) on a year-by-year basis upon certification

2 from a Federal, State or local law enforcement offi3 cial, prosecutor, judge, or other Federal, State or

4 local authority investigating or prosecuting criminal

5 activity relating to human trafficking that the alien’s

6 continued presence in the United States is required

7 to assist in the investigation or prosecution of such

8 criminal activity; and

9 ‘‘(B) if the alien files an application for adjust10 ment of status under section 245(l), until final adju11 dication of such application.’’.

12 (c) PERMITTING CHANGE OF NONIMMIGRANT STA13 TUS TO U AND T NONIMMIGRANT STATUS.—

14 (1) IN GENERAL.—Section 248 of such Act (8

15 U.S.C. 1258) is amended—

16 (A) by striking ‘‘The Attorney General’’

17 and inserting ‘‘(a) The Secretary of Homeland

18 Security’’;

19 (B) by inserting ‘‘(subject to subsection

20 (b))’’ after ‘‘except’’; and

21 (C) by adding at the end the following new

22 subsection:

23 ‘‘(b) The limitation based on inadmissibility under

24 section 212(a)(9)(B) and the exceptions specified in num25 bered paragraphs of subsection (a) shall not apply to a


I3402.AJK
530 

245

•HR 3402 IH

1 change of nonimmigrant classification to that of a non2 immigrant under subparagraph (T) or (U) of section

3 101(a)(15), other than from such classification under sub4 paragraph (C) or (D) of such section.’’.

5 (2) CONFORMING AMENDMENT.—Section

6 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is

7 amended by striking ‘‘248(2)’’ and inserting

8 ‘‘248(a)(2)’’.

9 (d) CERTIFICATION PROCESS FOR VICTIMS OF TRAF10 FICKING.—

11 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

12 PROSECUTION.—Section 107(b)(1)(E) of the Traf13 ficking Victims Protection Act of 2000 (division A of

14 Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is

15 amended—

16 (A) in clause (i)(I), by striking ‘‘investiga17 tion and prosecution’’ and inserting ‘‘investiga18 tion or prosecution, by the United States or a

19 State or local government’’; and

20 (B) in clause (iii)—

21 (i) by striking ‘‘INVESTIGATION AND

22 PROSECUTION’’ and ‘‘investigation and

23 prosecution’’ and inserting ‘‘INVESTIGA24 TION OR PROSECUTION’’ and ‘‘investigation

25 or prosecution’’, respectively;


I3402.AJL
531 

246

•HR 3402 IH

1 (ii) in subclause (II), by striking

2 ‘‘and’’ at the end;

3 (iii) in subclause (III), by striking the

4 period and inserting ‘‘; or’’; and

5 (iv) by adding at the end the following

6 new subclause:

7 ‘‘(IV) responding to and cooper8 ating with requests for evidence and

9 information.’’.

10 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

11 AND SECRETARY OF HOMELAND SECURITY.—

12 (A) Section 107 of the Trafficking Victims

13 Protection Act of 2000 (division A of Public

14 Law 106–386; 22 U.S.C. 7105) is amended—

15 (i) in subsections (b)(1)(E)(i)(II)(bb),

16 (b)(1)(E)(ii), (e)(5), and (g), by striking

17 ‘‘Attorney General’’ and inserting ‘‘Sec18 retary of Homeland Security’’; and

19 (ii) in subsection (c), by inserting ‘‘,

20 Secretary of Homeland Security,’’ after

21 ‘‘Attorney General’’.

22 (B) Section 101(a)(15)(T) of the Immigra23 tion and Nationality Act (8 U.S.C.

24 1101(a)(15)(T)) is amended by striking ‘‘AttorVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00535 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AJM
532 

247

•HR 3402 IH

1 ney General’’ and inserting ‘‘Secretary of

2 Homeland Security’’ each place it appears.

3 (C) Section 212(d)(13) of the Immigration

4 and Nationality Act (8 U.S.C. 1182(d)(13)) is

5 amended—

6 (i) in subparagraph (A), by striking

7 ‘‘Attorney General’’ and inserting ‘‘Sec8 retary of Homeland Security’’;

9 (ii) in subparagraph (B), by striking

10 ‘‘Attorney General’’ the first place it ap11 pears and inserting ‘‘Secretary of Home12 land Security’’; and

13 (iii) in subparagraph (B), by striking

14 ‘‘Attorney General, in the Attorney Gen15 eral’s discretion’’ and inserting ‘‘Secretary,

16 in the Secretary’s discretion’’.

17 (D) Section 101(i) of the Immigration and

18 Nationality Act (8 U.S.C. 1101(i)) is

19 amended—

20 (i) in paragraph (1), by striking ‘‘At21 torney General’’ and inserting ‘‘Secretary

22 of Homeland Security, the Attorney Gen23 eral,’’; and


I3402.AJN
533 

248

•HR 3402 IH

1 (ii) in paragraph (2), by striking ‘‘At2 torney General’’ and inserting ‘‘Secretary

3 of Homeland Security’’.

4 (E) Section 245(l) of the Immigration and

5 Nationality Act (8 U.S.C. 1255(l)) is

6 amended—

7 (i) by striking ‘‘Attorney General’’

8 and inserting ‘‘Secretary of Homeland Se9 curity’’ the first place it appears in para10 graphs (1) and (2) and in paragraph (4);

11 (ii) by striking ‘‘Attorney General’’

12 and inserting ‘‘Secretary ’’ the second

13 place it appears in paragraphs (1) and (2);

14 and

15 (iii) in paragraph (2), by striking ‘‘At16 torney General’s’’ and inserting ‘‘Sec17 retary’s’’.

18 (3) REQUEST BY STATE AND LOCAL LAW EN19 FORCEMENT OFFICIALS.—Section 107(c)(3) of the

20 Trafficking Victims Protection Act of 2000 (division

21 A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is

22 amended by adding at the end the following: ‘‘State

23 or local law enforcement officials may request such

24 Federal law enforcement officials for the continued

25 presence of trafficking victims. If such a request


I3402.AJO
534 

249

•HR 3402 IH

1 contains a certification that a trafficking victim is a

2 victim of a severe form of trafficking, such Federal

3 law enforcement officials may permit the continued

4 presence of the trafficking victim in accordance with

5 this paragraph.’’.

6 (e) EFFECTIVE DATES.—

7 (1) IN GENERAL.—The amendments made by

8 subsections (a), (b)(1), (c), and (d)(3) shall take ef9 fect on the date of the enactment of this Act.

10 (2) TRANSITION FOR DURATION OF T VISAS.—

11 In the case of an alien who is classified as a non12 immigrant under section 101(a)(15)(T) of the Immi13 gration and Nationality Act (8 U.S.C.

14 1101(a)(15)(T)) before the the date of implementa15 tion of the amendment made by subsection (b)(2)

16 and whose period of authorized stay was less than

17 4 years, the authorized period of status of the alien

18 as such a nonimmigrant shall be extended to be 4

19 years and shall be further extended on a year-by20 year basis as provided in section 214(o)(7) of such

21 Act, as added by such amendment.

22 (3) CERTIFICATION PROCESS.—(A) The amend23 ments made by subsection (d)(1) shall be effective as

24 if included in the enactment of VAWA–2000.


I3402.AJP
535 

250

•HR 3402 IH

1 (B) The amendments made by subsection (d)(2)

2 shall be effective as of the applicable date of transfer

3 of authority from the Attorney General to the Sec4 retary of Homeland Security under the Homeland

5 Security Act of 2002 (Public Law 107–296).

6 SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER

7 HARDSHIP WAIVERS FOR CONDITIONAL PER8 MANENT RESIDENCE.

9 (a) IN GENERAL.—Section 216(c)(4) of the Immigra10 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend11 ed by adding at the end the following: ‘‘An application

12 for relief under this paragraph may be based on one or

13 more grounds specified in subparagraphs (A) through (D)

14 and may be amended at any time to change the ground

15 or grounds for such relief without the application being

16 resubmitted.’’.

17 (b) APPEALS.—Such section is further amended by

18 adding at the end the following: ‘‘Such an application may

19 not be considered if there is a final removal order in effect

20 with respect to the alien.’’

21 (c) CONFORMING AMENDMENT.—Section

22 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii))

23 is amended by inserting before the period at the end the

24 following: ‘‘or qualifies for a waiver under section

25 216(c)(4)’’.


I3402.AJQ
536 

251

•HR 3402 IH

1 (d) EFFECTIVE DATES.—

2 (1) The amendment made by subsection (a)

3 shall apply to applications for relief pending or filed

4 on or after April 10, 2003.

5 (2) The amendment made by subsection (b)

6 shall apply to applications for relief filed on or after

7 the date of the enactment of this Act.

8 SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF9 FICKING.

10 (a) REDUCTION IN REQUIRED PERIOD OF PRESENCE

11 AUTHORIZED.—

12 (1) IN GENERAL.—Section 245(l) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(l)) is

14 amended—

15 (A) in paragraph (1)(A), by inserting

16 ‘‘subject to paragraph (6),’’ after ‘‘(A)’’;

17 (B) in paragraph (1)(A), by inserting after

18 ‘‘since’’ the following: ‘‘the earlier of (i) the

19 date the alien was granted continued presence

20 under section 107(c)(3) of the Trafficking Vic21 tims Protection Act of 2000, or (ii)’’; and

22 (C) by adding at the end the following new

23 paragraph:

24 ‘‘(6) The Secretary of Homeland Security may waive

25 or reduce the period of physical presence required under


I3402.AJR
537 

252

•HR 3402 IH

1 paragraph (1)(A) for an alien’s adjustment of status

2 under this subsection if a Federal, State, or local law en3 forcement official investigating or prosecuting trafficking

4 described in section 101(a)(15)(T)(i) in relation to the

5 alien or the alien’s spouse, child, parent, or sibling certifies

6 that the official has no objection to such waiver or reduc7 tion.’’.

8 (2) CONFORMING AMENDMENT.—Section

9 107(c) of the Trafficking Victims Protection Act of

10 2000 (division A of Public Law 106–386; 22 U.S.C.

11 7105(c)) is amended by adding at the end the fol12 lowing new paragraph:

13 ‘‘(5) CERTIFICATION OF NO OBJECTION FOR

14 WAIVER OR REDUCTION OF PERIOD OF REQUIRED

15 PHYSICAL PRESENCE FOR ADJUSTMENT OF STA16 TUS.—In order for an alien to have the required pe17 riod of physical presence under paragraph (1)(A) of

18 section 245(l) of the Immigration and Nationality

19 Act waived or reduced under paragraph (6) of such

20 section, a Federal, State, and local law enforcement

21 official investigating or prosecuting trafficking de22 scribed in section 101(a)(15)(T)(i) in relation to the

23 alien or the alien’s spouse, child, parent, or sibling

24 may provide for a certification of having no objection

25 to such waiver or reduction.’’.


I3402.AJS
538 

253

•HR 3402 IH

1 (b) TREATMENT OF GOOD MORAL CHARACTER .—

2 Section 245(l) of the Immigration and Nationality Act (8

3 U.S.C. 1255(l)), as amended by subsection (a)(1), is

4 amended—

5 (1) in paragraph (1)(B), by inserting ‘‘subject

6 to paragraph (7),’’ after ‘‘(B)’’; and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(7) For purposes of paragraph (1)(B), the Secretary

10 of Homeland Security, in the Secretary’s sole unreviewable

11 discretion, may waive consideration of a disqualification

12 from good moral character described in section 101(f) with

13 respect to an alien if there is a connection between the

14 disqualification and the trafficking with respect to the

15 alien described in section 101(a)(15)(T)(i).’’.

16 (c) ANNUAL REPORT ON TRAINING OF LAW EN17 FORCEMENT.—

18 (1) IN GENERAL.—Section 107(g) of the Traf19 ficking Victims Protection Act of 2000 (division A of

20 Public Law 106–386; 22 U.S.C. 7105(g)) is amend21 ed by adding at the end the following: ‘‘Each such

22 report shall also include statistics regarding the

23 number of law enforcement officials who have been

24 trained in the identification and protection of traf25 ficking victims and certification for assistance as


I3402.AJT
539 

254

•HR 3402 IH

1 nonimmigrants under section 101(a)(15)(T) of such

2 Act.’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) shall apply to annual reports be5 ginning with the report for fiscal year 2006.

6 Subtitle B—VAWA Petitioners

7 SEC. 911. DEFINITION OF VAWA PETITIONER.

8 (a) IN GENERAL.—Section 101(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 1101(a)) is amended

10 by adding at the end the following new paragraph:

11 ‘‘(51) The term ‘VAWA petitioner’ means an alien

12 whose application or petition for classification or relief

13 under any of the following provisions (whether as a prin14 cipal or as a derivative) has been filed and has not been

15 denied after exhaustion of administrative appeals:

16 ‘‘(A) Clause (iii), (iv), or (vii) of section

17 204(a)(1)(A).

18 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B).

19 ‘‘(C) Subparagraph (C) or (D) of section

20 216(c)(4).

21 ‘‘(D) The first section of Public Law 89–732

22 (commonly known as the Cuban Adjustment Act) as

23 a child or spouse who has been battered or subjected

24 to extreme cruelty.


I3402.AJU
540 

255

•HR 3402 IH

1 ‘‘(E) Section 902(d)(1)(B) of the Haitian Ref2 ugee Immigration Fairness Act of 1998 (division A

3 of section 101(h) of Public Law 105–277).

4 ‘‘(F) Section 202(d)(1) of the Nicaraguan Ad5 justment and Central American Relief Act (8 U.S.C.

6 1255 note; Public Law 105–100).

7 ‘‘(G) Section 309(c)(5) of the Illegal Immigra8 tion Reform and Immigrant Responsibility Act of

9 1996 (division C of Public Law 104–208; 8 U.S.C.

10 1101 note).’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8

13 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking

14 ‘‘qualifies for immigrant status under subparagraph

15 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section

16 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’.

17 (2) Section 212(a)(9)(C)(ii) of such Act (8

18 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to

19 whom the Attorney General has granted classifica20 tion under clause (iii), (iv), or (v) of section

21 204(a)(1)(A), or classification under clause (ii), (iii),

22 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a

23 VAWA petitioner’’.

24 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec25 tion 212 (8 U.S.C. 1182) is amended by striking


I3402.AJV
541 

256

•HR 3402 IH

1 ‘‘qualifies for classification under clause (iii) or (iv)

2 of section 204(a)(1)(A) or classification under clause

3 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting

4 ‘‘is a VAWA petitioner’’.

5 (4) Section 212(i)(1) of such Act (8 U.S.C.

6 1182(i)(1)) is amended by striking ‘‘an alien granted

7 classification under clause (iii) or (iv) of section

8 201(a)(1)(A) or clause (ii) or (iii) of section

9 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’.

10 (5) Section 237(a)(1)(H)(ii) of such Act (8

11 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is

12 an alien who qualifies for classification under clause

13 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or

14 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a

15 VAWA petitioner’’.

16 (6) Section 240A(b)(4)(B) of such Act (8

17 U.S.C. 1229b(b)(4)(B)) is amended by striking

18 ‘‘they were applications filed under section 204(a)(1)

19 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and

20 inserting ‘‘the applicants were VAWA petitioners’’.

21 (7) Section 245(a) of such Act (8 U.S.C.

22 1255(a)) is amended by striking ‘‘under subpara23 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section

24 204(a)(1) or’’ and inserting ‘‘as a VAWA peti25 tioner’’.


I3402.AJW
542 

257

•HR 3402 IH

1 (8) Section 245(c) of such Act (8 U.S.C.

2 1255(c)) is amended by striking ‘‘under subpara3 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),

4 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert5 ing ‘‘as a VAWA petitioner’’.

6 (9) For additional conforming amendments to

7 sections 212(a)(4)(C)(i) and 240(c)(7)(C)(iv)(I) of

8 the Immigration and Nationality Act, see sections

9 832(b)(2) and 817(a) of this Act.

10 SEC. 912. SELF-PETITIONING FOR CHILDREN.

11 (a) SELF-PETITIONING BY CHILDREN OF PARENT12 ABUSERS UPON DEATH OR OTHER TERMINATION OF

13 PARENT-CHILD RELATIONSHIP.—

14 (1) CITIZEN PARENTS.—Section

15 204(a)(1)(A)(iv) of the Immigration and Nationality

16 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended—

17 (A) by striking ‘‘or who’’ and inserting

18 ‘‘who’’; and

19 (B) by inserting after ‘‘domestic violence,’’

20 the following: ‘‘or who was a child of a United

21 States citizen parent who within the past 2

22 years (or, if later, two years after the date the

23 child attains 18 years of age) died or otherwise

24 terminated the parent-child relationship (as de25 fined under section 101(b)),’’.


I3402.AJX
543 

258

•HR 3402 IH

1 (2) LAWFUL PERMANENT RESIDENT PAR2 ENTS.—

3 (A) IN GENERAL.—Section

4 204(a)(1)(B)(iii) of such Act (8 U.S.C.

5 1154(a)(1)(B)(iii)) is amended—

6 (i) by striking ‘‘or who’’ and inserting

7 ‘‘who’’; and

8 (ii) by inserting after ‘‘domestic vio9 lence,’’ the following: ‘‘or who was a child

10 of a lawful permanent resident resident

11 who within the past 2 years (or, if later,

12 two years after the date the child attains

13 18 years of age) died or otherwise termi14 nated the parent-child relationship (as de15 fined under section 101(b)),’’.

16 (B) CONFORMING TREATMENT OF DE17 CEASED SPOUSES.—Section

18 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8

19 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is

20 amended—

21 (i) by redesignating subitems (aaa)

22 and (bbb) as subitems (bbb) and (ccc), re23 spectively; and

24 (ii) by inserting before subitem (bbb),

25 as so redesignated, the following:


I3402.AJY
544 

259

•HR 3402 IH

1 ‘‘(aaa) whose spouse died within the past

2 2 years;’’.

3 (3) EFFECTIVE DATES.—

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the amendment made by paragraphs

6 (1) and (2) shall take effect on the date of the

7 enactment of this Act.

8 (B) TRANSITION IN CASE OF CITIZEN PAR9 ENTS WHO DIED BEFORE ENACTMENT.—In ap10 plying the amendments made by paragraphs (1)

11 and (2)(A) in the case of an alien whose citizen

12 parent or lawful permanent resident parent died

13 or whose parent-child relationship with such

14 parent terminated during the period beginning

15 on October 28, 1998, and ending on the date

16 of the enactment of this Act, the following rules

17 apply:

18 (i) The reference to ‘‘within the past

19 2 years’’ in section 204(a)(1)(A)(iv) or

20 204(a)(1)(B)(iii), respectively, of the Im21 migration and Nationality Act in the mat22 ter inserted by such paragraph is deemed

23 to be a reference to such period.

24 (ii) The petition must be filed under

25 such section within 2 years after the date


I3402.AJZ
545 

260

•HR 3402 IH

1 of the enactment of this Act (or, if later,

2 2 years after the alien’s 18th birthday).

3 (iii) The determination of eligibility

4 for benefits as a child under such section

5 (including under section 204(a)(1)(D) of

6 the Immigration and Nationality Act by

7 reason of a petition authorized under such

8 section) shall be determined as of the date

9 of the death of the citizen parent or lawful

10 permanent resident parent or the termi11 nation of the parent-child relationship.

12 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

13 AGING OUT.—

14 (1) CLARIFICATION REGARDING CONTINUATION

15 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

16 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi17 gration and Nationality Act (8 U.S.C.

18 1154(a)(1)(D)(i)(I)) is amended—

19 (A) by striking ‘‘clause (iv) of section

20 204(a)(1)(A)’’ and inserting ‘‘subparagraph

21 (A)(iv)’’; and

22 (B) by striking ‘‘a petitioner for preference

23 status under paragraph (1), (2), or (3) of sec24 tion 203(a), whichever paragraph is applicable’’

25 and inserting ‘‘to continue to be treated as an


I3402.AKA
546 

261

•HR 3402 IH

1 immediate relative under section

2 201(b)(2)(A)(i), or a petitioner for preference

3 status under section 203(a)(3) if subsequently

4 married,’’.

5 (2) CLARIFICATION REGARDING APPLICATION

6 TO CHILDREN OF LAWFUL PERMANENT RESI7 DENTS.—Section 204(a)(1)(D) of such Act (8

8 U.S.C. 1154(a)(1)(D)) is amended——

9 (A) in clause (i)(I)—

10 (i) by inserting after the first sentence

11 the following new sentence: ‘‘Any child who

12 attains 21 years of age who has filed a pe13 tition under subparagraph (B)(iii) that was

14 filed or approved before the date on which

15 the child attained 21 year of age shall be

16 considered (if the child has not been ad17 mitted or approved for lawful permanent

18 residence by the date the child attained 21

19 years of age) a petitioner for preference

20 status under section 203(a)(2)(A), with the

21 same priority date assigned to the self-peti22 tion filed under such subparagraph.’’; and

23 (ii) in the last sentence, by inserting

24 ‘‘in either such case’’ after ‘‘shall be re25 quired to be filed’’;


I3402.AKB
547 

262

•HR 3402 IH

1 (B) in clause (i)(III), by striking ‘‘para2 graph (1), (2), or (3) of section 203(a)’’ and in3 serting ‘‘section 203(a)(2)(A)’’; and

4 (C) in clause (ii), by striking ‘‘(A)(iii),

5 (A)(iv),’’.

6 (3) EFFECTIVE DATE.—The amendments made

7 by this subsection shall apply to applications filed

8 before, on, or after the date of the enactment of

9 VAWA–2000.

10 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

11 APPLICATION FOR DERIVATIVE CHILDREN.—

12 (1) IN GENERAL.—Section 245(a) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(a)) is

14 amended by adding at the end the following: ‘‘In the

15 case of a petition under clause (ii), (iii), or (iv) of

16 section 204(a)(1)(A) that includes an individual as

17 a derivative child of a principal alien, no adjustment

18 application other than the adjustment application of

19 the principal alien shall be required for adjustment

20 of status of the individual under this subsection or

21 subsection (c).’’.

22 (2) EFFECTIVE DATE.—The amendment made

23 by paragraph (1) shall take effect on the date of the

24 enactment of this Act and shall apply to applications

25 filed before, on, or after such date.


I3402.AKC
548 

263

•HR 3402 IH

1 (d) LATE PETITION PERMITTED FOR ADULTS

2 ABUSED AS CHILDREN.—

3 (1) IN GENERAL.—Section 204(a)(1)(D) of the

4 Immigration and Nationality Act (8 U.S.C.

5 1154(a)(1)(D)), as amended by subsection (b)(1), is

6 amended by adding at the end the following new

7 clause:

8 ‘‘(v) In the case of an alien who qualified to petition

9 under subparagraph (A)(iv) or (B)(iii) as of the date the

10 individual attained 21 years of age, the alien may file a

11 petition under such respective subparagraph notwith12 standing that the alien has attained such age or been mar13 ried so long as the petition is filed before the date the

14 individual attains 25 years of age. In the case of such a

15 petition, the alien shall remain eligible for adjustment of

16 status as a child notwithstanding that the alien has at17 tained 21 years of age or has married, or both.’’.

18 (2) EFFECTIVE DATE.—The amendment made

19 by paragraph (1) shall take effect on the date of the

20 enactment of this Act and shall apply to individuals

21 who attain 21 years of age on or after the date of

22 the enactment of VAWA–2000.


I3402.AKD
549 

264

•HR 3402 IH

1 SEC. 913. SELF-PETITIONING PARENTS.

2 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im3 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A))

4 is amended by adding at the end the following new clause:

5 ‘‘(vii) An alien who—

6 ‘‘(I) is the parent of a citizen of the United

7 States or was a parent of a citizen of the United

8 States who within the past 2 years lost or renounced

9 citizenship status related to battering or extreme

10 cruelty by the United States citizen son or daughter

11 or who within the past two years died;

12 ‘‘(II) is a person of good moral character;

13 ‘‘(III) is eligible to be classified as an imme14 diate relative under section 201(b)(2)(A)(i); and

15 ‘‘(IV) resides, or has resided in the past, with

16 the citizen daughter or son;

17 may file a petition with the Secretary of Homeland Secu18 rity under this subparagraph for classification of the alien

19 under such section if the alien demonstrates that the alien

20 has been battered by or has been the subject of extreme

21 cruelty perpetrated by the alien’s citizen son or daugh22 ter.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect on the date of the enact25 ment of this Act.


I3402.AKE
550 

265

•HR 3402 IH

1 SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA2 TIONS.

3 (a) IN GENERAL.—Section 204(a)(1) of the Immi4 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is

5 amended—

6 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb),

7 by striking ‘‘an incident of domestic violence’’ and

8 inserting ‘‘battering or extreme cruelty by the

9 United States citizen spouse’’;

10 (2) in subparagraph (A)(iv), by striking ‘‘an in11 cident of domestic violence’’ and inserting ‘‘battering

12 or extreme cruelty by such parent’’;

13 (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa),

14 by striking ‘‘due to an incident of domestic violence’’

15 and inserting ‘‘related to battering or extreme cru16 elty by the lawful permanent resident spouse’’; and

17 (4) in subparagraph (B)(iii), by striking ‘‘due

18 to an incident of domestic violence’’ and inserting

19 ‘‘related to battering or extreme cruelty by such par20 ent’’.

21 (b) EFFECTIVE DATE.—The amendments made by

22 subsection (a) shall take effect as if included in the enact23 ment of VAWA–2000.


I3402.AKF
551 

266

•HR 3402 IH

1 SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING AC2 TIONS ON PETITIONS AND APPLICATIONS

3 FOR RELIEF.

4 (a) RELIEF.—

5 (1) LIMITATION ON REMOVAL OR DEPORTA6 TION.—Section 237 of the Immigration and Nation7 ality Act (8 U.S.C. 1227) is amended by adding at

8 the end the following new subsection:

9 ‘‘(d)(1) In the case of an alien in the United States

10 for whom a petition as a VAWA petitioner has been filed,

11 if the petition sets forth a prima facie case for approval,

12 the Secretary of Homeland Security, in the Secretary’s

13 sole unreviewable discretion, may grant the alien deferred

14 action until the petition is approved or the petition is de15 nied after exhaustion of administrative appeals. In the

16 case of the approval of such petition, such deferred action

17 may be extended until a final determination is made on

18 an application for adjustment of status.

19 ‘‘(2) In the case of an alien in the United States for

20 whom an application for nonimmigrant status (whether as

21 a principal or derivative child) under subparagraph (T)

22 or (U) of section 101(a)(15) has been filed, if the applica23 tion sets forth a prima facie case for approval, the Sec24 retary of Homeland Security, in the Secretary’s sole

25 unreviewable discretion, may grant the alien deferred acVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00555 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AKG
552 

267

•HR 3402 IH

1 tion until the application is approved or the application

2 is denied after exhaustion of administrative appeals.

3 ‘‘(3) During a period in which an alien is provided

4 deferred action under this subsection, the alien shall not

5 be removed or deported. ’’.

6 (2) LIMITATION ON DETENTION.—Section 236

7 of such Act (8 U.S.C. 1226) is amended by adding

8 at the end the following new subsection:

9 ‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC10 TIMS OF VIOLENCE.—(1) An alien for whom a petition

11 as a VAWA petitioner has been approved or for whom an

12 application for nonimmigrant status (whether as a prin13 cipal or derivative child) under subparagraph (T) or (U)

14 of section 101(a)(15) has been approved, subject to para15 graph (2), the alien shall not be detained if the only basis

16 for detention is a ground for which—

17 ‘‘(A) a waiver is provided under section 212(h),

18 212(d)(13), 212(d)(14), 237(a)(7), or

19 237(a)(2)(a)(V); or

20 ‘‘(B) there is an exception under section

21 204(a)(1)(C).

22 ‘‘(2) Paragraph (1) shall not apply in the case of de23 tention that is required under subsection (c) or section

24 236A.’’.

25 (3) EMPLOYMENT AUTHORIZATION.—


I3402.AKH
553 

268

•HR 3402 IH

1 (A) FOR VAWA PETITIONERS.—Section

2 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is

3 amended by adding at the end the following

4 new subparagraph:

5 ‘‘(K) In the case of an alien for whom a petition as

6 a VAWA petitioner is approved, the alien is eligible for

7 work authorization and shall be provided an ‘employment

8 authorized’ endorsement or other appropriate work per9 mit.’’.

10 (B) FOR ALIENS WITH APPROVED T

11 VISAS.—Section 214(o) of such Act (8 U.S.C.

12 1184(o)) is amended by adding at the end the

13 following new paragraph:

14 ‘‘(7) In the case of an alien for whom an application

15 for nonimmigrant status (whether as a principal or deriva16 tive) under section 101(a)(15)(T) has been approved, the

17 alien is eligible for work authorization and shall be pro18 vided an ‘employment authorized’ endorsement or other

19 appropriate work permit.’’.

20 (4) PROCESSING OF APPLICATIONS.—Section

21 204(a)(1) of the Immigration and Nationality Act (8

22 U.S.C. 1154(a)(1)) is amended by adding at the end

23 the following new subparagraph:


I3402.AKI
554 

269

•HR 3402 IH

1 ‘‘(K) A petition as a VAWA petitioner shall be proc2 essed without regard to whether a proceeding to remove

3 or deport such alien is brought or pending.’’.

4 (5) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect on the date of the

6 enactment of this Act and shall apply to petitions

7 and applications filed before, on, or after such date.

8 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

9 OR SUSPENSION OF DEPORTATION.—

10 (1) IN GENERAL.—Section 240A(b)(2) of the

11 Immigration and Nationality Act (8 U.S.C.

12 1229b(b)(2)) is amended by adding at the end the

13 following new subparagraph:

14 ‘‘(E) RELIEF WHILE APPLICATION PEND15 ING.—In the case of an alien who has applied

16 for relief under this paragraph and whose appli17 cation sets forth a prima facie case for such re18 lief or who has filed an application for relief

19 under section 244(a)(3) (as in effect on March

20 31, 1997) that sets forth a prima facie case for

21 such relief—

22 ‘‘(i) the alien shall not be removed or

23 deported until the application has been ap24 proved or, in the case it is denied, until all


I3402.AKJ
555 

270

•HR 3402 IH

1 opportunities for appeal of the denial have

2 been exhausted; and

3 ‘‘(ii) such an application shall be proc4 essed without regard to whether a pro5 ceeding to remove or deport such alien is

6 brought or pending.’’.

7 (2) EFFECTIVE DATE.—The amendment made

8 by paragraph (1) shall take effect on the date of the

9 enactment of this Act and shall apply to applications

10 filed before, on, or after such date.

11 SEC. 916. ACCESS TO VAWA PROTECTION REGARDLESS OF

12 MANNER OF ENTRY.

13 (a) FIANCEES.—

14 (1) SELF-PETITIONING.—Section

15 204(a)(1)(A)(iii) of the Immigration and Nationality

16 Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended—

17 (A) in subclause (I)(bb), by inserting after

18 ‘‘during the marriage’’ the following: ‘‘or rela19 tionship intended by the alien to be legally a

20 marriage or to conclude in a valid marriage’’;

21 (B) in subclause (II)(aa)—

22 (i) by striking ‘‘or’’ at the end of

23 subitem (BB);

24 (ii) by inserting ‘‘or’’ at the end of

25 subitem (CC); and


I3402.AKK
556 

271

•HR 3402 IH

1 (iii) by adding at the end the fol2 lowing new subitem:

3 ‘‘(DD) who entered the

4 United States as an alien

5 described in section

6 101(a)(15)(K) with the in7 tent to enter into a valid

8 marriage and the alien (or

9 child of the alien) was bat10 tered or subject to extreme

11 cruelty in the United States

12 by the United States citizen

13 who filed the petition to ac14 cord status under such sec15 tion;’’;

16 (C) in subclause (II)(cc), by striking ‘‘or

17 who’’ and inserting ‘‘, who’’ and by inserting

18 before the semicolon at the end the following: ‘‘,

19 or who is described in subitem (aa)(DD)’’; and

20 (D) in subclause (II)(dd), by inserting ‘‘or

21 who is described in subitem (aa)(DD)’’ before

22 the period at the end.

23 (2) EXCEPTION FROM REQUIREMENT TO DE24 PART.—Section 214(d) of such Act (8 U.S.C.

25 1184(d)) is amended by inserting before the period


I3402.AKL
557 

272

•HR 3402 IH

1 at the end the following: ‘‘unless the alien (and the

2 child of the alien) entered the United States as an

3 alien described in section 101(a)(15)(K) with the in4 tent to enter into a valid marriage and the alien or

5 child was battered or subject to extreme cruelty in

6 the United States by the United States citizen who

7 filed the petition to accord status under such sec8 tion’’.

9 (3) EFFECTIVE DATE.—The amendments made

10 by this subsection shall take effect on the date of the

11 enactment of this Act and shall apply to aliens ad12 mitted before, on, or after such date.

13 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

14 RESIDENTS.—

15 (1) IN GENERAL.—Section 245(d) of the Immi16 gration and Nationality Act (8 U.S.C. 1255(d)) is

17 amended—

18 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(2) Paragraph (1) shall not apply to an alien who

22 seeks adjustment of status on the basis of an approved

23 petition for classification as a VAWA petitioner.’’.


I3402.AKM
558 

273

•HR 3402 IH

1 (2) CONFORMING APPLICATION IN CANCELLA2 TION OF REMOVAL.—Section 240A(b)(2)(A)(i) of

3 such Act (8 U.S.C. 1229b(b)(2)(A)(i)) is amended—

4 (A) by striking ‘‘or’’ at the end of sub5 clause (II);

6 (B) by adding ‘‘or’’ at the end of subclause

7 (III); and

8 (C) by adding at the end the following new

9 subclause:

10 ‘‘(IV) the alien entered the United

11 States as an alien described in section

12 101(a)(15)(K) with the intent to enter into

13 a valid marriage and the alien (or the child

14 of the alien who is described in such sec15 tion) was battered or subject to extreme

16 cruelty in the United States by the United

17 States citizen who filed the petition to ac18 cord status under such section;’’.

19 (3) EXCEPTION TO RESTRICTION ON ADJUST20 MENT OF STATUS.—The second sentence of section

21 245(d) of such Act (8 U.S.C. 1255(d)) is amended

22 by inserting ‘‘who is not described in section

23 204(a)(1)(A)(iii)(II)(aa)(DD)’’ after ‘‘alien described

24 in section 101(a)(15)(K)’’.


I3402.AKN
559 

274

•HR 3402 IH

1 (4) APPLICATION UNDER SUSPENSION OF DE2 PORTATION.—Section 244(a)(3) of such Act (as in

3 effect on March 31, 1997) shall be applied (as if in

4 effect on such date) as if the phrase ‘‘is described

5 in section 240A(b)(2)(A)(i)(IV) or’’ were inserted

6 before ‘‘has been battered’’ the first place it appears.

7 (5) EFFECTIVE DATE.—The amendments made

8 by this subsection, and the provisions of paragraph

9 (4), shall take effect on the date of the enactment

10 of this Act and shall apply to applications for adjust11 ment of status, for cancellation of removal, or for

12 suspension of deportation filed before, on, or after

13 such date.

14 (c) INFORMATION ON CERTAIN CONVICTIONS AND

15 LIMITATION ON PETITIONS FOR K NONIMMIGRANT PETI16 TIONERS.—Section 214(d) of the Immigration and Na17 tionality Act (8 U.S.C. 1184(d)) is amended—

18 (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;

19 (2) by inserting after the second sentence the

20 following: ‘‘Such information shall include informa21 tion on any criminal convictions of the petitioner for

22 domestic violence, sexual assault, or child abuse.’’;

23 and

24 (3) by adding at the end the following:


I3402.AKO
560 

275

•HR 3402 IH

1 ‘‘(2)(A) Subject to subparagraph (B), a consular offi2 cer may not approve a petition under paragraph (1) unless

3 the officer has verified that—

4 ‘‘(i) the petitioner has not, previous to the

5 pending petition, petitioned under paragraph (1)

6 with respect to more than 2 applying aliens; and

7 ‘‘(ii) if the petitioner has had such a petition

8 previously approved, 2 years have elapsed since the

9 filing of such previously approved petition.

10 ‘‘(B) The Attorney General may, in the discretion of

11 the Attorney General, waive the limitation in subpara12 graph (A), if justification exists for such a waiver.

13 ‘‘(3) For purposes of this subsection—

14 ‘‘(A) the term ‘child abuse’ means a felony or

15 misdemeanor crime, as defined by Federal or State

16 law, committed by an offender who is a stranger to

17 the victim, or committed by an offender who is

18 known by, or related by blood or marriage to, the

19 victim, against a victim who has not attained the

20 lesser of—

21 ‘‘(i) 18 years of age; or

22 ‘‘(ii) except in the case of sexual abuse, the

23 age specified by the child protection law of the

24 State in which the child resides;


I3402.AKP
561 

276

•HR 3402 IH

1 ‘‘(B) the terms ‘domestic violence’ and ‘sexual

2 assault’ have the meaning given such terms in sec3 tion 2003 of title I of the Omnibus Crime Control

4 and Safe Streets Act of 1968 (42 U.S.C. 3796gg5 2).’’.

6 (d) SPOUSES AND CHILDREN OF ASYLUM APPLI7 CANTS UNDER ADJUSTMENT PROVISIONS.—

8 (1) IN GENERAL.—Section 209(b)(3) of the Im9 migration and Nationality Act (8 U.S.C. 1159(b)(3))

10 is amended—

11 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

12 (B) by adding at the end the following:

13 ‘‘(B) was the spouse of a refugee within the

14 meaning of section 101(a)(42)(A) at the time the

15 asylum application was granted and who was bat16 tered or was the subject of extreme cruelty per17 petrated by such refugee or whose child was battered

18 or subjected to extreme cruelty by such refugee

19 (without the active participation of such spouse in

20 the battery or cruelty), or

21 ‘‘(C) was the child of a refugee within the

22 meaning of section 101(a)(42)(A) at the time of the

23 filing of the asylum application and who was bat24 tered or was the subject of extreme cruelty per25 petrated by such refugee,’’.


I3402.AKQ
562 

277

•HR 3402 IH

1 (2) EFFECTIVE DATE.—The amendments made

2 by paragraph (1) shall take effect on the date of the

3 enactment of this Act and—

4 (A) section 209(b)(3)(B) of the Immigra5 tion and Nationality Act, as added by para6 graph (1)(B), shall apply to spouses of refugees

7 for whom an asylum application is granted be8 fore, on, or after such date; and

9 (B) section 209(b)(3)(C) of such Act, as so

10 added, shall apply with respect to the child of

11 a refugee for whom an asylum application is

12 filed before, on, or after such date.

13 (e) VISA WAIVER ENTRANTS.—

14 (1) IN GENERAL.—Section 217(b)(2) of such

15 Act (8 U.S.C. 1187(b)(2)) is amended by inserting

16 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti17 tioner, or for relief under subparagraph (T) or (U)

18 of section 101(a)(15), under section 240A(b)(2), or

19 under section 244(a)(3) (as in effect on March 31,

20 1997),’’.

21 (2) EFFECTIVE DATE.—The amendment made

22 by paragraph (1) shall take effect on the date of the

23 enactment of this Act and shall apply to waivers

24 provided under section 217(b)(2) of the Immigration


I3402.AKR
563 

278

•HR 3402 IH

1 and Nationality Act before, on, or after such date as

2 if it had been included in such waivers.

3 (f) EXCEPTION FROM FOREIGN RESIDENCE RE4 QUIREMENT FOR EDUCATIONAL VISITORS.—

5 (1) IN GENERAL.—Section 212(e) of such Act

6 (8 U.S.C. 1182(e)) is amended, in the matter before

7 the first proviso, by inserting ‘‘unless the alien is a

8 VAWA petitioner or a nonimmigrant under subpara9 graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol10 lowing departure from the United States’’.

11 (2) EFFECTIVE DATE.—The amendment made

12 by paragraph (1) shall take effect on the date of the

13 enactment of this Act and shall apply to aliens re14 gardless of whether the foreign residence require15 ment under section 212(e) of the Immigration and

16 Nationality Act arises out of an admission or acqui17 sition of status under section 101(a)(15)(J) of such

18 Act before, on, or after the date of the enactment

19 of this Act.

20 SEC. 917. ELIMINATING ABUSERS’ CONTROL OVER APPLI21 CATIONS FOR ADJUSTMENTS OF STATUS.

22 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

23 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the

24 Immigration and Nationality Act (8 U.S.C.

25 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1)


I3402.AKS
564 

279

•HR 3402 IH

1 of the REAL ID Act of 2005 (division B of Public Law

2 109–13), is amended —

3 (1) in subclause (I), by striking ‘‘under clause

4 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or

5 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a

6 VAWA petitioner’’; and

7 (2) in subclause (II), by inserting ‘‘or adjust8 ment of status’’ after ‘‘cancellation of removal’’.

9 (b) APPLICATION OF VAWA DEPORTATION PROTEC10 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI11 TIONERS.—Section 1506(c)(2) of the Violence Against

12 Women Act of 2000 (8 U.S.C. 1229a note) is amended—

13 (1) in subparagraph (A)—

14 (A) by amending clause (i) to read as fol15 lows:

16 ‘‘(i) if the basis of the motion is to

17 apply for relief as a VAWA petitioner (as

18 defined in section 101(a)(51) of the Immi19 gration and Nationality Act (8 U.S.C.

20 1101(a)(51)) or under section 244(a)(3) of

21 such Act (8 U.S.C. 1254(a)(3)); and’’; and

22 (B) in clause (ii), by inserting ‘‘or adjust23 ment of status’’ after ‘‘suspension of deporta24 tion’’; and


I3402.AKT
565 

280

•HR 3402 IH

1 (2) in subparagraph (B)(ii), by striking ‘‘for re2 lief’’ and all that follows through ‘‘1101 note))’’ and

3 inserting ‘‘for relief described in subparagraph

4 (A)(i)’’.

5 (c) APPLICATION OF VAWA-RELATED RELIEF

6 UNDER SECTION 202 OF NACARA.—

7 (1) IN GENERAL.—Section 202(d)(1) of the

8 Nicaraguan Adjustment and Central American Re9 lief Act (8 U.S.C. 1255 note; Public Law 105–100)

10 is amended—

11 (A) in subparagraph (B)(ii), by inserting

12 ‘‘, or was eligible for adjustment,’’ after ‘‘whose

13 status is adjusted’’; and

14 (B) in subparagraph (E), by inserting

15 after ‘‘April 1, 2000’’ the following: ‘‘, or, in

16 the case of an alien who qualifies under sub17 paragraph (B)(ii), applies for such adjustment

18 during the 18-month period beginning on the

19 date of enactment of the Violence Against

20 Women Act of 2005’’ .

21 (2) TECHNICAL AMENDMENT.—Section

22 202(d)(3) of such Act (8 U.S.C. 1255 note; Public

23 Law 105–100) is amended by striking

24 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.


I3402.AKU
566 

281

•HR 3402 IH

1 (3) EFFECTIVE DATE.—The amendment made

2 by paragraph (2) shall take effect as if included in

3 the enactment of VAWA–2000.

4 (d) PETITIONING RIGHTS OF CERTAIN FORMER

5 SPOUSES UNDER CUBAN ADJUSTMENT.—

6 (1) IN GENERAL.—The first section of Public

7 Law 89–732 (8 U.S.C. 1255 note) is amended—

8 (A) in the last sentence, by striking

9 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’;

10 and

11 (B) by adding at the end the following:

12 ‘‘An alien who was the spouse of any Cuban

13 alien described in this section and has resided

14 with such spouse shall continue to be treated as

15 such a spouse for 2 years after the date on

16 which the Cuban alien dies (or, if later, 2 years

17 after the date of enactment of Violence Against

18 Women Act of 2005), or for 2 years after the

19 date of termination of the marriage (or, if later,

20 2 years after the date of enactment of Violence

21 Against Women Act of 2005) if the alien dem22 onstrates a connection between the termination

23 of the marriage and the battering or extreme

24 cruelty by the Cuban alien.’’.


I3402.AKV
567 

282

•HR 3402 IH

1 (2) EFFECTIVE DATE.—The amendment made

2 by paragraph (1)(A) shall take effect as if included

3 in the enactment of VAWA–2000.

4 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI5 CANTS.—

6 (1) IN GENERAL.—Section 902(d)(1)(B) of the

7 Haitian Refugee Immigration Fairness Act of 1998

8 (division A of section 101(h) of Public Law 105–

9 277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as

10 amended by section 1511(a) of VAWA–2000, is

11 amended—

12 (A) in clause (i), by striking ‘‘whose status

13 is adjusted to that of an alien lawfully admitted

14 for permanent residence’’ and inserting ‘‘who is

15 or was eligible for classification’’;

16 (B) in clause (ii), by striking ‘‘whose sta17 tus is adjusted to that of an alien lawfully ad18 mitted for permanent residence’’ and inserting

19 ‘‘who is or was eligible for classification’’; and

20 (C) in clause (iii), by striking

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ .

22 (2) EFFECTIVE DATE.—The amendments made

23 by paragraph (1)(C) shall take effect as if included

24 in the enactment of VAWA–2000.


I3402.AKW
568 

283

•HR 3402 IH

1 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203

2 OF NACARA.—Section 309 of the Illegal Immigration

3 and Reform and Immigrant Responsibility Act of 1996

4 (division C of Public Law 104–208; 8 U.S.C. 1101 note),

5 as amended by section 203(a) of the Nicaraguan Adjust6 ment and Central American Relief Act (8 U.S.C. 1255

7 note; Public Law 105–100), is amended—

8 (1) in subsection (c)(5)(C)(i)(VII)(aa), as

9 amended by section 1510(b) of VAWA–2000—

10 (A) by striking ‘‘or’’ at the end of subitem

11 (BB);

12 (B) by striking ‘‘and’’ at the end of

13 subitem (CC) and inserting ‘‘or’’; and

14 (C) by adding at the end the following new

15 subitem:

16 ‘‘(DD) at the time at which

17 the spouse or child files an appli18 cation for suspension of deporta19 tion or cancellation of removal;

20 and’’; and

21 (2) in subsection (g)—

22 (A) by inserting ‘‘(1)’’ before ‘‘Notwith23 standing’’;


I3402.AKX
569 

284

•HR 3402 IH

1 (B) by inserting ‘‘subject to paragraph

2 (2),’’ after ‘‘section 101(a) of the Immigration

3 and Nationality Act)),’’; and

4 (C) by adding at the end the following new

5 paragraph:

6 ‘‘(2) There shall be no limitation on a motion to re7 open removal or deportation proceedings in the case of an

8 alien who is described in subclause (VI) or (VII) of sub9 section (c)(5)(C)(i). Motions to reopen removal or deporta10 tion proceedings in the case of such an alien shall be han11 dled under the procedures that apply to aliens seeking re12 lief under section 204(a)(1)(A)(iii) of the Immigration and

13 Nationality Act.’’.

14 (g) LIMITATION ON PETITIONING FOR ABUSER.—

15 Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is

16 amended by adding at the end the following new subpara17 graph:

18 ‘‘(J) Notwithstanding the previous provisions of this

19 paragraph, an individual who was a VAWA petitioner or

20 who had the status of a nonimmigrant under subpara21 graph (T) or (U) of section 101(a)(15) may not file a peti22 tion for classification under this section or section 214 to

23 classify any person who committed the battery or extreme

24 cruelty or trafficking against the individual (or the individ25 ual’s child) which established the individual’s (or individVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00573 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AKY
570 

285

•HR 3402 IH

1 ual’s child’s) eligibility as a VAWA petitioner or for such

2 nonimmigrant status.’’.

3 (h) EFFECTIVE DATE.—Except as otherwise pro4 vided in this section, the amendments made by this section

5 shall take effect on the date of the enactment of this Act.

6 SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE7 RIVATIVES OF TRAFFICKING VICTIMS.

8 (a) IN GENERAL.—Section 240A(b)(4) of the Immi9 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is

10 amended—

11 (1) in the heading, by striking ‘‘CHILDREN OF

12 BATTERED ALIENS’’ inserting ‘‘BATTERED ALIENS,

13 CHILDREN OF BATTERED ALIENS, AND DERIVATIVE

14 FAMILY MEMBERS OF TRAFFICKING VICTIMS,’’;

15 (2) in subparagraph (A)—

16 (A) by striking ‘‘or’’ at the end of clause

17 (i);

18 (B) by striking the period at the end of

19 clause (ii) and inserting a semicolon; and

20 (C) by adding at the end the following new

21 clauses:

22 ‘‘(iii) VAWA petitioner whose petition

23 was approved based on having been bat24 tered or subjected to extreme cruelty by a

25 United States citizen spouse, parent, or


I3402.AKZ
571 

286

•HR 3402 IH

1 child and who is admissible and eligible for

2 an immigrant visa;

3 ‘‘(iv) VAWA petitioner whose petition

4 was approved based on having been bat5 tered or subjected to extreme cruelty by a

6 lawful permanent resident spouse or par7 ent, who is admissible and would be eligi8 ble for an immigrant visa but for the fact

9 that an immigrant visa is not immediately

10 available to the alien, and who filed a peti11 tion for classification under section

12 204(a)(1)(B), if at least 3 years has

13 elapsed since the petitioner’s priority date;

14 or

15 ‘‘(v) an alien whom the Secretary of

16 State determines would, but for an applica17 tion or approval, meet the conditions for

18 approval as a nonimmigrant described in

19 section 101(a)(15)(T)(ii).’’; and

20 (3) in subparagraph (B)—

21 (A) in the first sentence, by striking ‘‘The

22 grant of parole’’ and inserting ‘‘(i) The grant of

23 parole under subparagraph (A)(i) or (A)(ii)’’;


I3402.ALA
572 

287

•HR 3402 IH

1 (B) in the second sentence, by striking

2 ‘‘covered under this paragraph’’ and inserting

3 ‘‘covered under such subparagraphs’’;

4 (C) in the last sentence, by inserting ‘‘of

5 subparagraph (A)’’ after ‘‘clause (i) or (ii)’’;

6 and

7 (D) by adding at the end the following new

8 clauses:

9 ‘‘(ii) The grant of parole under sub10 paragraph (A)(iii) or (A)(iv) shall extend

11 from the date of approval of the applicable

12 petition to the time the application for ad13 justment of status filed by aliens covered

14 under such subparagraphs has been finally

15 adjudicated. Applications for adjustment of

16 status filed by aliens covered under such

17 subparagraphs shall be treated as if they

18 were applications filed under section

19 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or

20 (B)(iii) for purposes of section 245 (a) and

21 (c).

22 ‘‘(iii) The grant of parole under sub23 paragraph (A)(v) shall extend from the

24 date of the determination of the Secretary

25 of State described in such subparagraph to


I3402.ALB
573 

288

•HR 3402 IH

1 the time the application for status under

2 section 101(a)(15)(T)(ii) has been finally

3 adjudicated. Failure by such an alien to

4 exercise due diligence in filing a visa peti5 tion on the alien’s behalf may result in rev6 ocation of parole.’’.

7 (b) CONFORMING REFERENCE.—Section 212(d)(5)

8 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding

9 at the end the following new subparagraph:

10 ‘‘(C) Parole is provided for certain battered aliens,

11 children of battered aliens, and parents of battered alien

12 children under section 240A(b)(4).’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect on the date of the enactment

15 of this Act.

16 SEC. 919. EXEMPTION OF VICTIMS OF DOMESTIC VIO17 LENCE, SEXUAL ASSAULT AND TRAFFICKING

18 FROM SANCTIONS FOR FAILURE TO DEPART

19 VOLUNTARILY.

20 (a) IN GENERAL.—Section 240B(d) of the Immigra21 tion and Nationality Act (8 U.S.C. 1229c(d)) is

22 amended—

23 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject

24 to paragraph (2), if’’; and


I3402.ALC
574 

289

•HR 3402 IH

1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2) The ineligibility for relief under paragraph (1)

4 shall not apply to an alien who is a VAWA petitioner, who

5 is seeking status as a nonimmigrant under subparagraph

6 (T) or (U) of section 101(a)(15), or who is an applicant

7 for relief under section 240A(b)(2) or under section

8 244(a)(3) (as in effect on March 31, 1997), if there is

9 a connection between the failure to voluntarily depart and

10 the battery or extreme cruelty, trafficking, or criminal ac11 tivity, referred to in the respective provision.’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall apply as if included in the enactment

14 of the Immigration Reform and Immigrant Responsibility

15 Act of 1996 (division C of Public Law 104–208) and shall

16 apply to failures to depart voluntarily occurring before, on,

17 or after the date of the enactment of this Act.

18 SEC. 920. CLARIFICATION OF ACCESS TO NATURALIZATION

19 FOR VICTIMS OF DOMESTIC VIOLENCE.

20 (a) IN GENERAL.—Section 319(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1430(a)) is amended

22 by inserting after ‘‘extreme cruelty by a United States cit23 izen spouse or parent’’ the following: ‘‘, regardless of

24 whether the lawful permanent resident status was ob25 tained on the basis of such battery or cruelty’’.


I3402.ALD
575 

290

•HR 3402 IH

1 (b) USE OF CREDIBLE EVIDENCE.—Such section is

2 further amended by adding at the end the following: ‘‘The

3 provisions of section 204(a)(1)(J) shall apply in acting on

4 an application under this subsection in the same manner

5 as they apply in acting on petitions referred to in such

6 section.’’

7 (c) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect on the date of the enactment

9 of this Act and shall apply to applications for naturaliza10 tion filed before, on, or after the date of the enactment

11 of this Act.

12 SEC. 921. PROHIBITION OF ADVERSE DETERMINATIONS OF

13 ADMISSIBILITY OR DEPORTABILITY BASED

14 ON PROTECTED INFORMATION.

15 (a) APPLICATION OF RESTRICTIONS ON ADDITIONAL

16 DEPARTMENTS.—Section 384 of the Illegal Immigration

17 Reform and Immigrant Responsibility Act of 1996 (divi18 sion C of Public Law 104–208; 8 U.S.C. 1367) is

19 amended—

20 (1) in subsection (a), as amended by section

21 1513(d) of VAWA–2000—

22 (A) in the matter before paragraph (1), by

23 striking ‘‘(including any bureau or agency of

24 such Department)’’ and inserting ‘‘, or the Sec25 retary of Homeland Security, the Secretary of


I3402.ALE
576 

291

•HR 3402 IH

1 State, the Secretary of Health and Human

2 Services, or the Secretary of Labor or any other

3 official or employee of the Department of

4 Homeland Security, the Department of State,

5 the Department of Health and Human Services,

6 or the Department of Labor (including any bu7 reau or agency of any such Department)’’; and

8 (B) in paragraph (2), by striking ‘‘of the

9 Department,’’ and inserting ‘‘of any such De10 partment,’’; and

11 (2) in subsection (b)—

12 (A) in paragraphs (1), by striking ‘‘the At13 torney General may provide, in the Attorney

14 General’s discretion’’ and inserting ‘‘the Attor15 ney General, Secretary of Homeland Security,

16 Secretary of State, Secretary of Health and

17 Human Services, and Secretary of Labor may

18 provide, in each’s discretion’’;

19 (B) in paragraph (2), by striking ‘‘the At20 torney General may provide in the discretion of

21 the Attorney General’’ and inserting ‘‘the Attor22 ney General, Secretary of Homeland Security,

23 Secretary of State, Secretary of Health and

24 Human Services, and the Secretary of Labor

25 may provide, in each’s discretion’’; and


I3402.ALF
577 

292

•HR 3402 IH

1 (C) in paragraph (5), by striking ‘‘is au2 thorized to disclose’’ and inserting ‘‘, Secretary

3 of Homeland Security, Secretary of State, Sec4 retary of Health and Human Services, and Sec5 retary of Labor, or Attorney General may dis6 close’’.

7 (b) INCREASING SCOPE OF ALIENS AND INFORMA8 TION PROTECTED.—Subsection (a) of such section is

9 amended—

10 (1) in paragraph (1)—

11 (A) in the matter before subparagraph (A),

12 by striking ‘‘furnished solely by’’ and inserting

13 ‘‘furnished by or derived from information pro14 vided solely by’’;

15 (B) by striking ‘‘or’’ at the end of subpara16 graph (D);

17 (C) by adding ‘‘or’’ at the end of subpara18 graph (E); and

19 (D) by inserting after subparagraph (E)

20 the following new subparagraph:

21 ‘‘(F) in the case of an alien applying for

22 continued presence as a victim of trafficking

23 under section 107(b)(1)(E)(i)(II)(bb) of the

24 Trafficking Protection Act of 2000 or status

25 under section 101(a)(15)(T) of the Immigration


I3402.ALG
578 

293

•HR 3402 IH

1 and Nationality Act, the trafficker or perpe2 trator,’’; and

3 (2) in paragraph (2)—

4 (A) by striking ‘‘under clause (iii) or (iv)

5 of section 204(a)(1)(A), clause (ii) or (iii) of

6 section 204(a)(1)(B)’’ and inserting ‘‘as a

7 VAWA petitioner (as defined in section

8 101(a)(51) of the Immigration and Nationality

9 Act), or under’’; and

10 (B) by striking ‘‘or section 240A(a)(3) of

11 such Act as an alien (or the part of a child)

12 who has been battered or subjected to extreme

13 cruelty.’’ and inserting the following: ‘‘, section

14 101(a)(15)(T), or section 240A(b)(2) of such

15 Act, or section 244(a)(3) of such Act (as in ef16 fect on March 31, 1997), or for continued pres17 ence as a victim of trafficking under section

18 107(b)(1)(E)(i)(II)(bb) of the Trafficking Pro19 tection Act of 2000, or any derivative of the

20 alien;’’.

21 (c) PROVIDING FOR CONGRESSIONAL REVIEW.—Sub22 section (b) of such section is amended by adding at the

23 end the following new paragraph:

24 ‘‘(6) Subsection (a) shall not apply to prevent

25 the Attorney General and the Secretary of HomeVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00582 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALH
579 

294

•HR 3402 IH

1 land Security from disclosing to the chairmen and

2 ranking members of the Judiciary Committees of the

3 House of Representatives and of the Senate in the

4 exercise of Congressional oversight authority infor5 mation on closed cases under this section in a man6 ner that protects the confidentiality of such informa7 tion and that omits personally identifying informa8 tion (including locational information about individ9 uals).’’.

10 (d) APPLICATION TO JUVENILE SPECIAL IMMI11 GRANTS.—Subsection (a) of such section is amended—

12 (1) by striking ‘‘or’’ at the end of paragraph

13 (1);

14 (2) by striking the period at the end of para15 graph (2) and inserting ‘‘; or’’; and

16 (3) by inserting after paragraph (2) the fol17 lowing new paragraph:

18 ‘‘(3) in the case of an alien described in section

19 101(a)(27)(J) of the Immigration and Nationality

20 Act who has been abused, neglected, or abandoned,

21 contact the alleged abuser (or family member of the

22 alleged abuser) at any stage of applying for special

23 immigrant juvenile status, including after a request

24 for the consent of the Secretary of Homeland Secu25 rity under clause (iii)(I) of such section.’’.


I3402.ALI
580 

295

•HR 3402 IH

1 (e) IMPROVED ENFORCEMENT.—Subsection (c) of

2 such section is amended by adding at the end the fol3 lowing: ‘‘The Office of Professional Responsibility in the

4 Department of Justice shall be responsible for carrying

5 out enforcement under the previous sentence.’’.

6 (f) CERTIFICATION OF COMPLIANCE IN REMOVAL

7 PROCEEDINGS.—

8 (1) IN GENERAL.—Section 239 of the Immigra9 tion and Nationality Act (8 U.S.C. 1229) is amend10 ed by adding at the end the following new sub11 section:

12 ‘‘(e) CERTIFICATION OF COMPLIANCE WITH RE13 STRICTIONS ON DISCLOSURE.—Removal proceedings shall

14 not be initiated against an alien unless there is a certifi15 cation of either of the following:

16 ‘‘(1) No enforcement action was taken leading

17 to such proceedings against the alien—

18 ‘‘(A) at a domestic violence shelter, a vic19 tims services organization or program (as de20 scribed in section 2003(8) of the Omnibus

21 Crime Control and Safe Streets Act of 1968),

22 a rape crisis center, a family justice center, or

23 a supervised visitation center; or

24 ‘‘(B) at a courthouse (or in connection

25 with the appearance of the alien at a courtVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00584 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALJ
581 

296

•HR 3402 IH

1 house) if the alien is appearing in connection

2 with a protection order case, child custody case,

3 or other civil or criminal case relating to domes4 tic violence, sexual assault, trafficking, or stalk5 ing in which the alien has been battered or sub6 ject to extreme cruelty or if the alien is de7 scribed in subparagraph (T) or (U) of section

8 101(a)(15).

9 ‘‘(2) Such an enforcement action was taken, but

10 the provisions of section 384(a)(1) of the Illegal Im11 migration Reform and Immigrant Responsibility Act

12 of 1996 have been complied with.’’.

13 (2) COMPLIANCE.—Section 384(c) of the Illegal

14 Immigration Reform and Immigrant Responsibility

15 Act of 1996 (division C of Public Law 104–208; 8

16 U.S.C. 1367(c)) is amended by inserting ‘‘or who

17 knowingly makes a false certification under section

18 239(e) of the Immigration and Nationality Act’’

19 after ‘‘in violation of this section’’.

20 (g) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on the date of the enactment

22 of this Act and shall apply to violations or disclosures

23 made on or after such date.


I3402.ALK
582 

297

•HR 3402 IH

1 SEC. 922. INFORMATION FOR K NONIMMIGRANTS ABOUT

2 LEGAL RIGHTS AND RESOURCES FOR IMMI3 GRANT VICTIMS OF DOMESTIC VIOLENCE.

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity, in consultation with the Attorney General and the

6 Secretary of State, shall develop consistent and accurate

7 materials, including an information pamphlet described in

8 subsection (b), on legal rights and resources for immigrant

9 victims of domestic violence for dissemination to appli10 cants for K nonimmigrant visas. In preparing such mate11 rials, the Secretary shall consult with non-governmental

12 organizations with expertise on the legal rights of immi13 grant victims of battery, extreme cruelty, sexual assault

14 and other crimes.

15 (b) INFORMATION PAMPHLET.—The information

16 pamphlet developed under subsection (a) shall include in17 formation on the following:

18 (1) The K nonimmigrant visa application proc19 ess and the marriage-based immigration process, in20 cluding conditional residence and adjustment of sta21 tus.

22 (2) The illegality of domestic violence, sexual

23 assault, and child abuse in the United States and

24 the dynamics of domestic violence.

25 (3) Domestic violence and sexual assault serv26 ices in the United States, including the National DoVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00586 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALL
583 

298

•HR 3402 IH

1 mestic Violence Hotline and the National Sexual As2 sault Hotline.

3 (4) The legal rights of immigrant victims of

4 abuse and other crimes in immigration, criminal jus5 tice, family law, and other matters.

6 (5) The obligations of parents to provide child

7 support for children.

8 (6) Marriage fraud under United States immi9 gration laws and the penalties for committing such

10 fraud.

11 (7) A warning concerning the potential use of

12 K nonimmigrant visas by individuals who have a his13 tory of committing domestic violence, sexual assault,

14 or child abuse.

15 (c) SUMMARIES.—The Secretary of Homeland Secu16 rity, in consultation with the Attorney General and the

17 Secretary of State, shall develop summaries of the pam18 phlet developed under subsection (a) that shall be used

19 by consular officers when reviewing the pamphlet in inter20 views under section (e)(2).

21 (d) TRANSLATION.—

22 (1) IN GENERAL.—In order to best serve the

23 language groups having the greatest concentration of

24 K nonimmigrant visa applicants, the information

25 pamphlet under subsection (b) shall, subject to paraVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00587 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALM
584 

299

•HR 3402 IH

1 graph (2), be translated by the Secretary of State

2 into the following languages: Russian, Spanish, Ta3 galog, Vietnamese, Chinese, Ukrainian, Thai, Ko4 rean, Polish, Japanese, French, Arabic, Portuguese,

5 and Hindi.

6 (2) REVISION.—Every two years, the Secretary

7 of Homeland Security, in consultation with the At8 torney General and the Secretary of State, shall de9 termine the specific languages into which the infor10 mation pamphlet is translated based on the lan11 guages spoken by the greatest concentrations of K

12 nonimmigrant visa applicants.

13 (e) AVAILABILITY AND DISTRIBUTION.—The infor14 mation pamphlet developed under subsection (a) shall be

15 made available and distributed as follows:

16 (1) MAILINGS TO K NONIMMIGRANT VISA APPLI17 CANTS.—

18 (A) The pamphlet shall be mailed by the

19 Secretary of State to each applicant for a K

20 nonimmigrant visa at the same time that the

21 instruction packet regarding the visa applica22 tion process is mailed to such applicant. The

23 pamphlet so mailed shall be in the primary lan24 guage of the applicant, or in English if no


I3402.ALN
585 

300

•HR 3402 IH

1 translation into the applicant’s primary lan2 guage is available.

3 (B) In addition, in the case of an applicant

4 for a nonimmigrant visa under section

5 101(a)(15)(K)(i) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(15)(K)(i)) the

7 Secretary of Homeland Security shall provide to

8 the Secretary of State, for inclusion in the mail9 ing under subparagraph (A), a copy of the peti10 tion submitted by the petitioner for such appli11 cant under section 214(d) of such Act (8

12 U.S.C. 1184(d)).

13 (C) The Secretary of Homeland Security

14 shall provide to the Secretary of State any

15 criminal background information the Secretary

16 of Homeland Security possesses with respect to

17 a petitioner under such section 214(d). The

18 Secretary of State, in turn, shall share any such

19 criminal background information that is in the

20 public record with the nonimmigrant visa appli21 cant who is the beneficiary of the petition. The

22 visa applicant shall be informed that such

23 criminal background information is based on

24 available records and may not be complete. The

25 Secretary of State also shall provide for the disVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00589 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALO
586 

301

•HR 3402 IH

1 closure of such criminal background informa2 tion to the visa applicant at the consular inter3 view in the primary language of the visa appli4 cant. Nothing in this subparagraph shall be

5 construed to authorize the Secretary of Home6 land Security to conduct any new or additional

7 criminal background check that is not otherwise

8 conducted in the course of adjudicating such

9 petitions.

10 (2) CONSULAR INTERVIEWS.— The pamphlet

11 shall be distributed directly to K nonimmigrant visa

12 applicants at all consular interviews for such visas.

13 The consular officer conducting the visa interview

14 shall review the pamphlet and summary with the ap15 plicant orally in the applicant’s primary language, in

16 addition to distributing the pamphlet to the appli17 cant in English.

18 (3) CONSULAR ACCESS.—The pamphlet shall be

19 made available to the public at all consular posts.

20 Summaries of the pamphlets under subsection (c)

21 shall be made available to foreign service officers at

22 all consular posts.

23 (4) POSTING ON STATE DEPARTMENT

24 WEBSITE.—The pamphlet shall be posted on the

25 website of the Department of State as well as on the


I3402.ALP
587 

302

•HR 3402 IH

1 websites of all consular posts processing K non2 immigrant visa applications.

3 (f) K NONIMMIGRANT DEFINED.—For purposes of

4 this section, the term ‘‘K nonimmigrant visa’’ means a

5 nonimmigrant visa under clause (i) or (ii) of section

6 101(a)(15)(K) of the Immigration and Nationality Act (8

7 U.S.C. 1101(a)(15)(K)).

8 SEC. 923. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the Sec10 retary of Homeland Security such sums as may be nec11 essary to provide for adjudication of petitions of VAWA

12 petitioners (as defined in section 101(a)(51) of the Immi13 gration and Nationality Act, as added by section 911(a)),

14 of aliens seeking status as nonimmigrants under subpara15 graph (T) or (U) of section 101(a)(15) of such Act, and

16 of aliens seeking relief under section 240A(b)(2) of such

17 Act or under section 244(a)(3) of such Act (as in effect

18 on March 31, 1997).

19 Subtitle C—Miscellaneous

20 Provisions

21 SEC. 931. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE22 QUIREMENT FOR BATTERED ADOPTED CHIL23 DREN.

24 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the

25 Immigration and Nationality Act (8 U.S.C.


I3402.ALQ
588 

303

•HR 3402 IH

1 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least

2 two years’’ the following: ‘‘or if the child has been battered

3 or subject to extreme cruelty by the adopting parent or

4 by a family member of the adopting parent residing in

5 the same household’’.

6 (b) CONFORMING NATURALIZATION AMENDMENT.—

7 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is

8 amended by inserting before the period at the end the fol9 lowing: ‘‘or the child is residing in the United States pur10 suant to a lawful admission for permanent residence and

11 has been battered or subject to extreme cruelty by the cit12 izen parent or by a family member of the citizen parent

13 residing in the same household ’’

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on the date of the enactment

16 of this Act and shall apply to applications pending or filed

17 on or after such date.

18 SEC. 932. WAIVER OF CERTAIN GROUNDS OF INADMIS19 SIBILITY FOR VAWA PETITIONERS.

20 (a) WAIVER OF FALSE CLAIM OF U.S. CITIZEN21 SHIP.—

22 (1) IN GENERAL.—Section 212(i)(1) of such

23 Act (8 U.S.C. 1182(i)(1)) is amended by inserting

24 ‘‘(and, in the case of a VAWA petitioner who dem25 onstrates a connection between the false claim of


I3402.ALR
589 

304

•HR 3402 IH

1 United States citizenship and the petitioner being

2 subjected to battery or extreme cruelty, clause (ii))’’

3 after ‘‘clause (i)’’.

4 (2) CONFORMING REFERENCE.—Section

5 212(a)(6)(C)(iii) of such Act (8 U.S.C.

6 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause

7 (i)’’and inserting ‘‘clauses (i) and (ii)’’.

8 (b) EXEMPTION FROM PUBLIC CHARGE GROUND.—

9 (1) IN GENERAL.—Section 212(a)(4) of such

10 Act (8 U.S.C. 1182(a)(4)) is amended by adding at

11 the end the following new subparagraph:

12 ‘‘(E) SPECIAL RULE FOR BATTERED

13 ALIENS.—Subparagraphs (A) through (C) shall

14 not apply to an alien who is a VAWA petitioner

15 or is a qualified alien described in section

16 431(c) of the Personal Responsibility and Work

17 Opportunity Reconciliation Act of 1996.’’.

18 (2) CONFORMING AMENDMENT.—Section

19 212(a)(4)(C)(i) of such Act (8 U.S.C.

20 1182(a)(4)(C)(i)) is amended to read as follows:

21 ‘‘(i) the alien is described in subpara22 graph (E); or’’.

23 (c) EFFECTIVE DATE.—Except as provided in this

24 section, the amendments made by this section shall take

25 effect on the date of the enactment of this Act and shall


I3402.ALS
590 

305

•HR 3402 IH

1 apply regardless of whether the conviction was entered,

2 crime, or disqualifying event occurred before, on, or after

3 such date.

4 SEC. 933. EMPLOYMENT AUTHORIZATION FOR BATTERED

5 SPOUSES OF CERTAIN NONIMMIGRANTS.

6 (a) IN GENERAL.—Section 214(c) of the Immigration

7 and Nationality Act (8 U.S.C. 1184(c)), as amended by

8 sections 403(a) and 404(a) of the REAL ID Act of 2005

9 (division B of Public Law 109–13), is amended by adding

10 at the end the following new paragraph:

11 ‘‘(15) In the case of an alien spouse admitted under

12 subparagraph (A), (E)(iii), (G), or (H) of section

13 101(a)(15) who is accompanying or following to join a

14 principal alien admitted under subparagraph (A), (E)(iii),

15 (G), or (H)(i) of such section, respectively, the Secretary

16 of Homeland Security shall authorize the alien spouse to

17 engage in employment in the United States and provide

18 the spouse with an ‘employment authorized’ endorsement

19 or other appropriate work permit if the alien spouse dem20 onstrates that during the marriage the alien spouse or a

21 child of the alien spouse has been battered or has been

22 the subject to extreme cruelty perpetrated by the spouse

23 of the alien spouse.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall take effect on the date of the enactVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00594 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.ALT
591 

306

•HR 3402 IH

1 ment of this Act and shall apply to aliens who obtained

2 the status of an alien spouse before, on, or after such date.

3 SEC. 934. GROUNDS FOR HARDSHIP WAIVER FOR CONDI4 TIONAL PERMANENT RESIDENCE FOR IN5 TENDED SPOUSES.

6 (a) IN GENERAL.—Section 216(c)(4) of the Immigra7 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is

8 amended—

9 (1) by striking ‘‘or’’ at the end of subparagraph

10 (B);

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting ‘‘, or’’; and

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph:

15 ‘‘(D) the alien meets the requirements

16 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and

17 following the marriage ceremony has been bat18 tered by or was subject to extreme cruelty per19 petrated by his or her intended spouse and was

20 not at fault in failing to meet the requirements

21 of paragraph (1).’’.

22 (b) EFFECTIVE DATE.—The amendments made by

23 subsection (a) shall apply as if included in the enactment

24 of VAWA–2000.


I3402.ALU
592 

307

•HR 3402 IH

1 SEC. 935. CANCELLATION OF REMOVAL.

2 (a) CLARIFYING APPLICATION OF DOMESTIC VIO3 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE4 MOVAL.—

5 (1) IN GENERAL.—Section 240A(b) of the Im6 migration and Nationality Act (8 U.S.C. 1229b(b))

7 is amended—

8 (A) in paragraph (1)(C)—

9 (i) by inserting ‘‘subject to paragraph

10 (5),’’ after ‘‘(C)’’; and

11 (ii) by striking ‘‘(except in a case de12 scribed in section 237(a)(7) where the At13 torney General exercises discretion to

14 grant a waiver)’’;

15 (B) in paragraph (2)(A), by amending

16 clause (iv) to read as follows:

17 ‘‘(iv) subject to paragraph (5), the

18 alien is not inadmissible under paragraph

19 (2) or (3) of section 212(a), is not remov20 able under paragraph (2), (3)(D), or (4) of

21 section 237(a), and is not removable under

22 section 237(a)(1)(G) (except if there was a

23 connection between the marriage fraud de24 scribed in such section and the battery or

25 extreme cruelty described in clause (i));

26 and ’’; and


I3402.ALV
593 

308

•HR 3402 IH

1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

4 WAIVER AUTHORITY.—The provisions of section

5 237(a)(7) shall apply in the application of para6 graphs (1)(C) and (2)(A)(iv) (including waiving

7 grounds of deportability) in the same manner as

8 they apply under section 237(a). In addition, for

9 purposes of such paragraphs and in the case of an

10 alien who has been battered or subjected to extreme

11 cruelty and if there was a connection between the in12 admissibility or deportability and such battery or

13 cruelty with respect to the activity involved, the At14 torney General may waive, in the sole unreviewable

15 discretion of the Attorney General, any other ground

16 of inadmissibility or deportability for which a waiver

17 is authorized under section 212(h), 212(d)(13),

18 212(d)(14), or 237(a)(2)(A)(v), and the exception

19 described in section 204(a)(1)(C) shall apply.’’.

20 (2) EFFECTIVE DATE.—The amendments made

21 by paragraph (1) shall apply as if included in the

22 enactment of section 1504(a) of VAWA–2000.

23 (b) CLARIFYING NONAPPLICATION OF CANCELLA24 TION CAP.—


I3402.ALW
594 

309

•HR 3402 IH

1 (1) IN GENERAL.—Section 240A(e)(3) of the

2 Immigration and Nationality Act (8 U.S.C.

3 1229b(e)(3)) is amended by adding at the end the

4 following new subparagraph:

5 ‘‘(C) Aliens with respect to their cancella6 tion of removal under subsection (b)(2).’’.

7 (2) EFFECTIVE DATE.—The amendment made

8 by paragraph (1) shall apply to cancellations of re9 moval occurring on or after October 1, 2004.

10 SEC. 936. MOTIONS TO REOPEN.

11 (a) REMOVAL PROCEEDINGS.—

12 (1) IN GENERAL.—Section 240(c)(7) of the Im13 migration and Nationality Act (8 U.S.C.

14 1230(c)(7)), as redesignated by section 101(d)(1) of

15 the REAL ID Act of 2005 (division B of Public Law

16 109–13), is amended—

17 (A) in subparagraph (A), by inserting ‘‘,

18 except that this limitation shall not apply so as

19 to prevent the filing of one motion to reopen de20 scribed in clause (iv)’’ before the period at the

21 end; and

22 (B) in subparagraph (C)—

23 (i) in the heading of clause (iv), by

24 striking ‘‘SPOUSES AND CHILDREN’’ and


I3402.ALX
595 

310

•HR 3402 IH

1 inserting ‘‘SPOUSES, CHILDREN, AND PAR2 ENTS,’’;

3 (ii) in the matter before subclause (I)

4 of clause (iv), by striking ‘‘The deadline

5 specified in subsection (b)(5)(C) for filing

6 a motion to reopen does not apply’’ and in7 serting ‘‘Any limitation under this section

8 on the deadlines for filing such motions

9 shall not apply’’;

10 (iii) in clause (iv)(I), by striking ‘‘or

11 (iv)’’ and inserting ‘‘, (iv), or (vii)’’;

12 (iv) in clause (iv)(I), by inserting ‘‘or

13 section 244(a)(3) (as in effect on March

14 31, 1997)’’ after ‘‘section 240A(b)(2)’’;

15 (v) by striking ‘‘and’’ at the end of

16 clause (iv)(II);

17 (vi) by striking the period at the end

18 of clause (iv)(III) and inserting ‘‘; and’’;

19 and

20 (vii) by adding at the end the fol21 lowing:

22 ‘‘(IV) if the alien is physically

23 present in the United States at the

24 time of filing the motion.


I3402.ALY
596 

311

•HR 3402 IH

1 The filing of a motion to reopen under this

2 clause shall stay the removal of the alien

3 pending final disposition of the motion in4 cluding exhaustion of all appeals if the mo5 tion establishes a prima facie case for the

6 relief applied for.’’.

7 (2) EFFECTIVE DATE.—The amendments made

8 by paragraph (1) shall take effect on the date of the

9 enactment of this Act.

10 (b) DEPORTATION PROCEEDINGS.—

11 (1) IN GENERAL.—Section 1506(c)(2) of

12 VAWA–2000 is amended—

13 (A) in the matter before clause (i) of sub14 paragraph (A), by striking ‘‘Notwithstanding

15 any limitation imposed by law on motions’’ in16 serting ‘‘Notwithstanding any limitation on the

17 number of motions, or the deadlines for filing

18 motions (including the deadline specified in sec19 tion 242B(c)(3) of the Immigration and Na20 tionality Act before the title III–A effective

21 date),’’;

22 (B) in the matter before clause (i) of sub23 paragraph (A), by striking ‘‘there is no time

24 limit on the filing of a motion’’ and all that fol25 lows through ‘‘does not apply’’ and inserting


I3402.ALZ
597 

312

•HR 3402 IH

1 ‘‘such limitations shall not apply to the filing of

2 a single motion under this subparagraph to re3 open such proceedings’’; and

4 (C) by adding at the end of subparagraph

5 (A) the following:

6 ‘‘The filing of a motion under this subpara7 graph shall stay the removal of the alien pend8 ing a final disposition of the motion including

9 the exhaustion of all appeals if the motion es10 tablishes a prima facie case for the relief ap11 plied for. ’’; and

12 (D) in subparagraph (B), by inserting

13 ‘‘who are physically present in the United

14 States and’’ after ‘‘filed by aliens’’.

15 (2) EFFECTIVE DATE.—The amendments made

16 by paragraph (1) shall take effect on the date of the

17 enactment of this Act.

18 SEC. 937. REMOVAL PROCEEDINGS.

19 (a) TREATMENT OF BATTERY OR EXTREME CRU20 ELTY AS EXCEPTIONAL CIRCUMSTANCES.—Section

21 240(e)(1) of such Act (8 U.S.C. 1230(e)(1)) is amended

22 by inserting ‘‘battery or extreme cruelty of the alien or

23 any child or parent of the alien or’’ after ‘‘exceptional cir24 cumstances (such as’’.


I3402.AMA
598 

313

•HR 3402 IH

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to a failure to appear

4 that occurs before, on, or after such date.

5 SEC. 938. CONFORMING RELIEF IN SUSPENSION OF DEPOR6 TATION PARALLEL TO THE RELIEF AVAIL7 ABLE IN VAWA–2000 CANCELLATION FOR

8 BIGAMY.

9 Section 244(a)(3) of the Immigration and Nationality

10 Act (as in effect before the title III–A effective date in

11 section 309 of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996) shall be applied as if

13 ‘‘or by a United States citizen or lawful permanent resi14 dent whom the alien intended to marry, but whose mar15 riage is not legitimate because of that United States citi16 zen’s or permanent resident’s bigamy’’ were inserted after

17 ‘‘by a spouse or parent who is a United States citizen or

18 lawful permanent resident’’.

19 SEC. 939. CORRECTION OF CROSS-REFERENCE TO CRED20 IBLE EVIDENCE PROVISIONS.

21 (a) CUBAN ADJUSTMENT PROVISION.—The last sen22 tence of the first section of Public Law 89–732 (November

23 2, 1966; 8 U.S.C. 1255 note), as amended by section

24 1509(a) of VAWA–2000, is amended by striking

25 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.


I3402.AMB
599 

314

•HR 3402 IH

1 (b) NACARA.—Section 202(d)(3) of the Nicaraguan

2 Adjustment and Central American Relief Act (8 U.S.C.

3 1255 note; Public Law 105–100), as amended by section

4 1510(a)(2) of VAWA–2000, is amended by striking

5 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.

6 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille7 gal Immigration and Reform and Immigrant Responsi8 bility Act of 1996 (division C of Public Law 104–208; 8

9 U.S.C. 1101 note), as amended by section 1510(b)(2) of

10 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and

11 inserting ‘‘204(a)(1)(J)’’.

12 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai13 tian Refugee Immigration Fairness Act of 1998 (division

14 A of section 101(h) of Public Law 105–277; 112 Stat.

15 2681–538), as amended by section 1511(a) of VAWA–

16 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert17 ing ‘‘204(a)(1)(J)’’.

18 (e) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect as if included in the enact20 ment of VAWA–2000.

21 SEC. 940. TECHNICAL CORRECTIONS.

22 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

23 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

24 GOOD MORAL CHARACTER RULES.—


I3402.AMC
600 

315

•HR 3402 IH

1 (1) PHYSICAL PRESENCE RULES.—Section

2 240A(b)(2)(B) of the Immigration and Nationality

3 Act (8 U.S.C. 1229b(b)(2)(B)) is amended—

4 (A) in the first sentence, by striking

5 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and

6 (B) in the fourth sentence, by striking

7 ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this

8 subparagraph, subparagraph (A)(ii),’’.

9 (2) MORAL CHARACTER RULES.—Section

10 240A(b)(2)(C) of such Act (8 U.S.C.

11 1229b(b)(2)(C)) is amended by striking

12 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.

13 (3) EFFECTIVE DATE.—The amendments made

14 by this subsection shall be effective as if included in

15 the enactment of section 1504(a) of VAWA (114

16 Stat. 1522).

17 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

18 APPLYING GOOD MORAL CHARACTER.—

19 (1) IN GENERAL.—Section 101(f)(3) of the Im20 migration and Nationality Act (8 U.S.C. 1101(f)(3))

21 is amended by striking ‘‘(9)(A)’’ and inserting

22 ‘‘(10)(A)’’.

23 (2) EFFECTIVE DATE.—The amendment made

24 by paragraph (1) shall be effective as if included in

25 the enactment of the Illegal Immigration Reform


I3402.AMD
601 

316

•HR 3402 IH

1 and Immigrant Responsibility Act of 1996 (Public

2 Law 104–208).

3 (c) PUNCTUATION CORRECTION.—Effective as if in4 cluded in the enactment of section 5(c)(2) of VAWA–

5 2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C.

6 1227(a)(1)(H)(ii)) is amended by striking the period at

7 the end and inserting ‘‘; or’’.

8 (d) CORRECTION OF DESIGNATION AND INDENTA9 TION.—The last sentence of section 212(a)(9)(C)(ii) of the

10 Immigration and Nationality Act (8 U.S.C.

11 1182(a)(9)(C)(ii)), as added by section 1505(a) of

12 VAWA–2000, is amended—

13 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and

14 inserting ‘‘clause (i)’’;

15 (2) by redesignating paragraphs (1) and (2),

16 and subparagraphs (A) through (D) of paragraph

17 (2), as subclauses (I) and (II), and items (aa)

18 through (dd) of subclause (II), respectively; and

19 (3) by moving the margins of each of such

20 paragraphs and subparagraphs 6 ems to the right.

21 (e) ADDITIONAL TECHNICAL CORRECTIONS.—(1)

22 Section 237(a)(7)(A)(i)(I) of such Act (8 U.S.C.

23 1227(a)(7)(A)(i)(I)) is amended by striking ‘‘is self-de24 fense’’ and inserting ‘‘in self-defense’’.


I3402.AME
602 

317

•HR 3402 IH

1 (2) Section 245(l)(2)(B) of such Act (8 U.S.C.

2 1255(l)(2)(B)) is amended by striking ‘‘(10(E))’’ and in3 serting ‘‘(10)(E))’’.

4 TITLE X—SAFETY ON TRIBAL

5 LANDS

6 SEC. 1001. PURPOSES.

7 The purposes of this title are—

8 (1) to decrease the incidence of violent crimes

9 against Indian women;

10 (2) to strengthen the capacity of Indian tribes

11 to exercise their sovereign authority to respond to

12 violent crimes committed against Indian women

13 under their jurisdiction; and

14 (3) to ensure that perpetrators of violent crimes

15 committed against Indian women are held account16 able for their criminal behavior.

17 SEC. 1002. CONSULTATION.

18 (a) IN GENERAL.—The Secretary of the Interior and

19 the Attorney General shall each conduct annual consulta20 tions with Indian tribal governments concerning the Fed21 eral administration of tribal funds and programs estab22 lished under the Violence Against Women Act of 1994

23 (title IV of Public Law 103–322) and the Violence Against

24 Women Act of 2000 (division B of Public Law 106–386),

25 including consultation concerning—


I3402.AMF
603 

318

•HR 3402 IH

1 (1) the timeliness of the Federal grant applica2 tion and award processes;

3 (2) the amounts awarded under each program

4 directly to tribal governments, tribal organizations,

5 and tribal nonprofit organizations;

6 (3) determinations not to award grant funds;

7 (4) grant awards made in violation of the eligi8 bility guidelines to a nontribal entity; and

9 (5) training, technical assistance, and data col10 lection grants for tribal grant programs or programs

11 addressing the safety of Indian women.

12 (b) RECOMMENDATIONS.—During consultations

13 under subsection (a), the Secretary and the Attorney Gen14 eral shall solicit recommendations from Indian tribes

15 concerning—

16 (1) administering tribal funds and programs;

17 (2) enhancing the safety of Indian women from

18 domestic violence, dating violence, sexual assault,

19 and stalking; and

20 (3) strengthening the Federal response to such

21 violent crimes.

22 SEC. 1003. ANALYSIS AND RESEARCH ON VIOLENCE ON

23 TRIBAL LANDS.

24 (a) NATIONAL BASELINE STUDY.—The Attorney

25 General, acting through the Director of the Office on VioVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00607 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AMG
604 

319

•HR 3402 IH

1 lence Against Women, shall conduct a national baseline

2 study to examine violence against Indian women.

3 (b) SCOPE.—

4 (1) IN GENERAL.—The study shall examine vio5 lence committed against Indian women, including—

6 (A) domestic violence;

7 (B) dating violence;

8 (C) sexual assault;

9 (D) stalking; and

10 (E) murder.

11 (2) EVALUATION.—The study shall evaluate the

12 effectiveness of Federal, State, tribal, and local re13 sponses to the violations described in paragraph (1)

14 committed against Indian women.

15 (c) TASK FORCE.—

16 (1) IN GENERAL.—The Attorney General, act17 ing through the Director of the Office on Violence

18 Against Women, shall establish a task force to assist

19 in the development and implementation of the study

20 under subsection (a).

21 (2) MEMBERS.—The Director shall appoint to

22 the task force representatives from—

23 (A) national tribal domestic violence and

24 sexual assault nonprofit organizations;

25 (B) tribal governments; and


I3402.AMH
605 

320

•HR 3402 IH

1 (C) the National Congress of American In2 dians.

3 (d) REPORT.—Not later than 2 years after the date

4 of enactment of this Act, the Attorney General shall sub5 mit to Congress a report that describes the findings made

6 in the study.

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $1,000,000 for each of fiscal years 2006 and 2007, to re10 main available until expended.

11 SEC. 1004. TRACKING OF VIOLENCE ON TRIBAL LANDS.

12 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

13 DATABASES.—Section 534 of title 28, United States Code,

14 is amended—

15 (1) by redesignating subsection (d) as sub16 section (e); and

17 (2) by inserting after subsection (c) the fol18 lowing:

19 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The

20 Attorney General shall permit Indian law enforcement

21 agencies, in cases of domestic violence, dating violence,

22 sexual assault, and stalking, to enter information into

23 Federal criminal information databases and to obtain in24 formation from the databases, including information relat25 ing to—


I3402.AMI
606 

321

•HR 3402 IH

1 ‘‘(1) identification records;

2 ‘‘(2) criminal history records;

3 ‘‘(3) protection orders; and

4 ‘‘(4) wanted person records.’’.

5 (b) TRIBAL REGISTRY.—

6 (1) ESTABLISHMENT.—The Attorney General

7 shall contract with any interested Indian tribe, tribal

8 organization, or tribal nonprofit organization to de9 velop and maintain—

10 (A) a national tribal sex offender registry;

11 and

12 (B) a tribal protection order registry con13 taining civil and criminal orders of protection

14 issued by Indian tribes and participating juris15 dictions.

16 (2) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out

18 this section $1,000,000 for each of fiscal years 2006

19 through 2010, to remain available until expended.

20 SEC. 1005. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE

21 AGAINST WOMEN.

22 Part T of the Omnibus Crime Control and Safe

23 Streets Act of 1968 is amended by adding after section

24 2015 (as added by section 604 of this Act) the following:


I3402.AMJ
607 

322

•HR 3402 IH

1 ‘‘SEC. 2016. TRIBAL DIVISION.

2 ‘‘(a) IN GENERAL.—The Director of the Office on Vi3 olence Against Women shall designate one or more em4 ployees, each of whom shall have demonstrated expertise

5 in tribal law and practice regarding domestic violence, dat6 ing violence, sexual assault, and stalking against members

7 of Indian tribes, to be responsible for—

8 ‘‘(1) overseeing and managing the administra9 tion of grants to and contracts with Indian tribes,

10 tribal courts, tribal organizations, tribal nonprofit

11 organizations and the territories;

12 ‘‘(2) ensuring that, if a grant or a contract pur13 suant to such a grant is made to an organization to

14 perform services that benefit more than one Indian

15 tribe, the approval of each Indian tribe to be bene16 fited shall be a prerequisite to the making of the

17 grant or letting of the contract;

18 ‘‘(3) assisting in the development of Federal

19 policy, protocols, and guidelines on matters relating

20 to domestic violence, dating violence, sexual assault,

21 and stalking against members of Indian tribes;

22 ‘‘(4) advising the Director of the Office on Vio23 lence Against Women concerning policies, legislation,

24 implementation of laws, and other issues relating to

25 domestic violence, dating violence, sexual assault,

26 and stalking against members of Indian tribes;


I3402.AMK
608 

323

•HR 3402 IH

1 ‘‘(5) representing the Office on Violence

2 Against Women in the annual consultations under

3 section 1002 of the Violence Against Women Reau4 thorization Act of 2005;

5 ‘‘(6) providing assistance to the Department of

6 Justice to develop policy and to enforce Federal law

7 relating to domestic violence, dating violence, sexual

8 assault, and stalking against members of Indian

9 tribes;

10 ‘‘(7) maintaining a liaison with the judicial

11 branches of Federal, State and tribal governments

12 on matters relating to domestic violence, dating vio13 lence, sexual assault, and stalking against members

14 of Indian tribes; and

15 ‘‘(8) ensuring that adequate tribal training,

16 technical assistance, and data collection is made

17 available to Indian tribes, tribal courts, tribal orga18 nizations, and tribal nonprofit organizations for all

19 programs relating to domestic violence, dating vio20 lence, sexual assault, and stalking against members

21 of Indian tribes.

22 ‘‘(b) AUTHORITY.—

23 ‘‘(1) IN GENERAL.—The Director shall ensure

24 that a portion of the tribal set-aside funds from any

25 grant awarded under the Violence Against Women


I3402.AML
609 

324

•HR 3402 IH

1 Act of 1994 (title IV of Public Law 103–322) or the

2 Violence Against Women Act of 2000 (division B of

3 Public Law 106–386) is used to enhance the capac4 ity of Indian tribes to address the safety of members

5 of Indian tribes.

6 ‘‘(2) ACCOUNTABILITY.—The Director shall en7 sure that some portion of the tribal set-aside funds

8 from any grant made under this part is used to hold

9 offenders accountable through—

10 ‘‘(A) enhancement to the response of In11 dian tribes to crimes of domestic violence, dat12 ing violence, sexual assault, and stalking

13 against Indian women, including legal services

14 for victims and Indian-specific offender pro15 grams;

16 ‘‘(B) development and maintenance of trib17 al domestic violence shelters or programs for

18 battered members of Indian tribes, including

19 sexual assault services, that are based upon the

20 unique circumstances of the members of Indian

21 tribes to be served;

22 ‘‘(C) development of tribal educational

23 awareness programs and materials;

24 ‘‘(D) support for customary tribal activities

25 to strengthen the intolerance of an Indian tribe


I3402.AMM
610 

325

•HR 3402 IH

1 to violence against memberes of Indian tribes;

2 and

3 ‘‘(E) development, implementation, and

4 maintenance of tribal electronic databases for

5 tribal protection order registries.

6 ‘‘SEC. 2017. SAFETY FOR INDIAN WOMEN FORMULA GRANTS

7 PROGRAM.

8 ‘‘(a) ESTABLISHMENT.—

9 ‘‘(1) IN GENERAL.—Of the amounts set aside

10 for Indian tribes and tribal organizations in a pro11 gram referred to in paragraph (2), the Attorney

12 General, through the Director of the Office of Vio13 lence Against Women (referred to in this section as

14 the ‘‘Director’’), shall take such setasides and com15 bine them to establish the Safety for Indian Women

16 Formula Grants Program, a single formula grant

17 program to enhance the response of Indian tribal

18 governments to address the safety of members of In19 dian tribes. Grants made under this program shall

20 be administered by the Tribal Division of the Office

21 on Violence Against Women.

22 ‘‘(2) PROGRAMS COVERED.—The programs cov23 ered by paragraph (1) are the programs carried out

24 under the following provisions:


I3402.AMN
611 

326

•HR 3402 IH

1 ‘‘(A) Section 2007 (42 U.S.C. 3796gg–1),

2 Grants to Combat Violent Crimes Against

3 Women.

4 ‘‘(B) Section 2101 (42 U.S.C. 3796hh),

5 Grants to Encourage Arrest Policies.

6 ‘‘(C) Section 1201 of the Violence Against

7 Women Act of 2000 (42 U.S.C. 3796gg-6),

8 Legal Assistance for Vicitms.

9 ‘‘(D) Section 1301 of the Violence Against

10 Women Act of 2000 (42 U.S.C. 10420), Safe

11 Havens for Children Pilot Program.

12 ‘‘(E) Section 40295 of the Violence

13 Against Women Act of 1994 (42 U.S.C.

14 13971), Rural Domestic Violence and Child

15 Abuser Enforcement Assistance.

16 ‘‘(F) Section 41002 of the Violence

17 Against Women Act of 1994, Grants for Court

18 Training and Improvements.

19 ‘‘(b) PURPOSE OF PROGRAM AND GRANTS.—

20 ‘‘(1) GENERAL PROGRAM PURPOSE.—The pur21 pose of the program required by this section is to as22 sist Indian tribal governments to develop and en23 hance effective governmental strategies to curtail

24 violent crimes against and increase the safety of


I3402.AMO
612 

327

•HR 3402 IH

1 members of Indian tribes consistent with tribal law

2 and custom, specifically the following:

3 ‘‘(A) To increase tribal capacity to respond

4 to domestic violence, dating violence, sexual as5 sault, and stalking crimes against members of

6 Indian tribes.

7 ‘‘(B) To strengthen tribal justice interven8 tions including tribal law enforcement, prosecu9 tion, courts, probation, correctional facilities;

10 and enhance services to members of Indian

11 tribes victimized by domestic violence, dating vi12 olence, sexual assault, and stalking.

13 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

14 USED.—The Director may make grants to Indian

15 tribes for the purpose of enhancing participating

16 tribes’ capacity to address the safety of members of

17 Indian tribes. Each participating tribe shall exercise

18 its right of self-determination and self-governance in

19 allocating and using funds made available under the

20 program. Each participating tribe may use funds

21 under the program to support its specific tribally

22 based response to increasing the safety of members

23 of Indian tribes. Grants under the program shall

24 support the governmental efforts identified by the

25 Indian tribe required according to its distinctive


I3402.AMP
613 

328

•HR 3402 IH

1 ways of life to increase the safety of members of In2 dian tribes from crimes of sexual assault, domestic

3 violence, dating violence, stalking, kidnapping, and

4 murder.

5 ‘‘(c) DISBURSEMENT.—Not later than 120 days after

6 the receipt of an application under this section, the Attor7 ney General, through the Director, shall—

8 ‘‘(1) disburse the appropriate sums provided for

9 under this section; or

10 ‘‘(2) inform the Indian tribe why the applica11 tion does not conform to the terms of the application

12 requirements.

13 ‘‘(d) REQUIRED PROCEDURES.—

14 ‘‘(1) DEADLINE TO PROVIDE NOTICE.—No later

15 than 60 days after receiving an appropriation of

16 funds supporting the program required by this sec17 tion, Director shall—

18 ‘‘(A) publish in the Federal Register notifi19 cation of—

20 ‘‘(i) the availability of those funds to

21 Indian tribes;

22 ‘‘(ii) the total amount of funds avail23 able; and

24 ‘‘(iii) the process by which tribes may

25 participate in the program; and


I3402.AMQ
614 

329

•HR 3402 IH

1 ‘‘(B) mail each Indian tribe a notification

2 of the matters required by subparagraph (A),

3 together with instructions on the process, copies

4 of application forms, and a notification of the

5 deadline for submission of an application.

6 ‘‘(2) DEADLINE TO MAKE FUNDS AVAILABLE.—

7 No later than 180 days after receiving an appropria8 tion referred to in paragraph (1), the Director shall

9 distribute and make accessible those funds to Indian

10 tribes opting to participate in the program.

11 ‘‘(3) FORMULA.—The Director shall distribute

12 those funds according to the following formula: —

13 ‘‘(A) 60 percent of the available funds

14 shall be allocated equally to all Indian tribes

15 who exercise the option to access the funds,

16 ‘‘(B) The remaining 40 percent shall be al17 located to the same Indian tribes on a per cap18 ita basis, according to the population residing

19 in the respective Indian tribe’s service area.

20 ‘‘(4) SET-ASIDE.—No later than 120 days after

21 receiving an appropriation referred to in paragraph

22 (1), the Director shall set aside not less than 5 per23 cent and up to 7 percent of the total amount of

24 those funds for the purpose of entering into a coop25 erative agreement or contract with one or more tribVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00618 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

I3402.AMR
615 

330

•HR 3402 IH

1 al organizations with demonstrated expertise in pro2 viding training and technical assistance to Indian

3 tribes in addressing domestic violence, dating vio4 lence, sexual assault, and stalking against members

5 of Indian tribes, tribal law, and customary pratices.

6 At least one of the cooperative agreements or con7 tracts shall be entered into with a single tribal orga8 nization to provide comprehensive technical assist9 ance to participating tribal governments. Such train10 ing and technical assistance shall be specifically de11 signed to address the unique legal unique legal sta12 tus, distinct cultural ways of life, and geographic cir13 cumstances of the Indian tribes receiving funds

14 under the program.

15 ‘‘(e) RECIPIENT REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—Indian tribes may receive

17 funds under the program required by this section as

18 individual tribes or as a consortium of tribes.

19 ‘‘(2) SUBGRANTS AND OTHER ARRANGE20 MENTS.—Participating tribes may make subgrants

21 or enter into contracts or cooperative agreements

22 with the funds under the program to enhance the

23 safety of, and end domestic violence, dating violence,

24 sexual assault, and stalking against, members of In25 dian tribes.


I3402.AMS
616 

331

•HR 3402 IH

1 ‘‘(3) SET ASIDE.—Participating tribes must set

2 aside no less than 40 percent of their total allocation

3 under this section for tribally specific domestic vio4 lence, dating violence, sexual assault, or stalking vic5 tim services and advocacy for members of Indian

6 tribes. The services supported with funds under the

7 program must be designed to address the unique cir8 cumstances of the individuals to be served, including

9 the customary practices and linguistic needs of the

10 individuals within the tribal community to be served.

11 Tribes shall give preference to tribal organizations

12 or tribal nonprofit organizations providing advocacy

13 services to members of Indian tribes within the com14 munity to be served such as a safety center or shel15 ter program for members of Indian tribes. In the

16 case where the above organizations do not exist

17 within the participating tribe, the participation and

18 support from members of Indian tribes in the com19 munity to be served is sufficient to meet this re20 quirement.

21 ‘‘(f) ADMINISTRATION REQUIREMENTS.—

22 ‘‘(1) APPLICATION.—To reduce the administra23 tive burden for Indian tribes, the Director shall pre24 pare an expedited application process for Indian

25 tribes participating in the program required by this


I3402.AMT
617 

332

•HR 3402 IH

1 section. The expedited process shall facilitate partici2 pating tribes’ submission of information—

3 ‘‘(A) outlining project activities;

4 ‘‘(B) describing how the project activities

5 will enhance the Indian tribe’s response to do6 mestic violence, dating violence, sexual assault,

7 and stalking against members of Indian tribes;

8 and

9 ‘‘(C) identifying the tribal partner pro10 viding advocacy and related services for mem11 bers of Indian tribes who are victims of crimes

12 of domestic violence, dating violence, sexual as13 sault, and stalking.

14 ‘‘(2) REPORTING AND EVALUATION.—The Di15 rector shall alleviate administrative burdens upon

16 participating Indian tribes by—

17 ‘‘(A) developing a reporting and evaluation

18 process relevant to the distinct governance of

19 Indian tribes;

20 ‘‘(B) requiring only essential data to be

21 collected; and

22 ‘‘(C) limiting reporting to an annual basis.

23 ‘‘(3) GRANT PERIOD.—The Director shall

24 award grants for a two-year period, with a possible


I3402.AMU
618 

333

•HR 3402 IH

1 extension of another two years to implement projects

2 under the grant.

3 ‘‘(g) PRESUMPTION THAT MATCHING FUNDS NOT

4 REQUIRED.—

5 ‘‘(1) IN GENERAL.—Given the unique political

6 relationship between the United States and Indian

7 tribes differentiates tribes from other entities that

8 deal with or are affected by, the Federal Govern9 ment, the Director shall not require an Indian tribe

10 to match funds under this section, except as pro11 vided in paragraph (2).

12 ‘‘(2) EXCEPTION.—If the Director determines

13 that an Indian tribe has adequate resources to com14 ply with a matching requirement that would other15 wise apply but for the operation of paragraph (1),

16 the Director may waive the operation of paragraph

17 (1) for that tribe.

18 ‘‘(h) EVALUATION.—The Director shall award a con19 tract or cooperative agreement to evaluate programs under

20 this section to an entity with the demonstrated expertise

21 in domestic violence, dating violence, sexual assault, and

22 stalking and knowledge and experience in—

23 ‘‘(1) the development and delivery of services to

24 members of Indian tribes who are victimized;


I3402.AMV
619 

334

•HR 3402 IH

1 ‘‘(2) the development and implementation of

2 tribal governmental responses to such crimes; and

3 ‘‘(3) the traditional and customary practices of

4 Indian tribes to such crimes.’’.

5 SEC. 1006. GAO REPORT TO CONGRESS ON STATUS OF

6 PROSECUTION OF SEXUAL ASSAULT AND DO7 MESTIC VIOLENCE ON TRIBAL LANDS.

8 (a) IN GENERAL.—Not later than 1 year after the

9 date of enactment of this section, the Comptroller General

10 of the United States shall submit to the Congress a report

11 on the prosecution of sexual assault and domestic violence

12 committed against adult American Indians and Alaska

13 Natives.

14 (b) CONTENTS OF REPORT.—The report required by

15 subsection (a) shall include the following:

16 (1) An assessment of the effectiveness of pros17 ecution of such cases by the United States district

18 attorneys of such cases.

19 (2) For each district containing Indian country,

20 a summary of the number of sexual assault and do21 mestic violence related cases within Federal criminal

22 jurisdiction and charged according to the following

23 provisions of title 18, United States Code: Sections

24 1153, 1152, 113, 2261(a)(1)(2), 2261A(1),

25 2261A(2), 2261(a)(1)(2), and 922(g)(8).


I3402.AMW
620 

335

•HR 3402 IH

1 (3) A summary of the number of—

2 (A) reports received;

3 (B) investigations conducted;

4 (C) declinations and basis for declination;

5 (D) prosecutions, including original charge

6 and final disposition;

7 (E) sentences imposed upon conviction;

8 and

9 (F) male victims, female victims, Indian

10 defendants, and non-Indian defendants.

11 (3) The priority assigned by the district to the

12 prosecution of such cases and the percentage of such

13 cases prosecuted to total cases prosecuted.

14 (4) Any recommendations by the Comptroller

15 General for improved Federal prosecution of such

16 cases.

17 (c) YEARS COVERED.—The report required by this

18 section shall cover the years 2000 through 2005.

Æ


I3402.AMX
621 

Chairman SENSENBRENNER. The chair recognizes himself for 5 

minutes to explain the bill. 

Authorization is the process by which Congress creates, amends, 

and extends programs in executive agency. It is probably the most 

important oversight tool that Congress and Committees of jurisdiction can employ. Through authorizations, our Committees can establish programs, their objectives, and the upper limits for spending on them. Once a Federal program has been authorized, the actual budget authority for the program comes from appropriation 

bills. 

I would point out that one of the seminal accomplishments of 

this Committee was in 2002, passing the first DOJ reauthorization 

bill since 1979, and that has been a tremendous oversight tool for 

both the majority and the minority in terms of actually overseeing 

the effectiveness of the programs that the Department of Justice 

administers. 

We will today again exercise this very important authority with 

this bill. The legislation contains many of the provisions that we 

agreed upon as a Committee in the last Congress and contains 

many new provisions that Members on both sides of the aisle have 

contributed to and should feel proud of. Titles I through III contain 

many provisions from H.R. 3036, with modified authorization levels. Additional provisions were added to reauthorize programs 

which will expire, or have expired, such as the Juvenile Accountability Block Grants Program and the Sex Offender Management 

Program. 

Some of the programs within these titles, such as the COPS 

grants program were modified and updated to address the new priorities affecting State and local governments since the program was 

established. The bill also includes some very important modifications to the criminal code, such as extending the statute of limitation for human trafficking offenses, and creates increased criminal 

penalties to guards who sexually abuse persons in their custody. 

In addition to the important provisions contained in titles I 

through III, titles IV through X reauthorize core programs on domestic violence from 1994 to 2000 and make improvements to those 

grant programs to enhance our ability to combat domestic violence, 

dating violence, sexual assault, and stalking. The bill reauthorizes 

the STOP program, which provides State formula grants to help 

fund collaboration efforts between police and prosecutors and victims service providers. 

The bill reauthorizes grants to encourage arrest programs that 

provide funds to communities to develop and strengthen programs 

and policies that encourage police officers to arrest abusers who 

commit acts of violence or violate protection orders. Additionally, 

the bill authorizes several new programs, including grants to improve training for court officials and law enforcement and grants 

to encourage community-based solutions to domestic violence. 

This legislation already has a number of cosponsors on the Committee, on both sides of the aisle, who have made reauthorization 

of the Violence Against Women Act a priority. Representatives 

Mark Green and Zoe Lofgren have both worked very hard to encourage this Committee to make these programs a priority, and I 

am grateful to Ranking Member Conyers for all his hard work to 

622 

ensure that there be a bipartisan directive to the Department of 

Justice on the part of this Committee. 

In this spirit, Mr. Conyers and I will be offering a manager’s 

amendment to address additional priorities that Members requested be included in this legislation. This amendment includes 

authorization for DOJ to focus on individuals who operate organized theft rings or are engaged in human trafficking. Additional 

provisions authorize grants for gang resistance education and encourage current juvenile offender grant programs to focus on bullying prevention. 

With the addition of these provisions in the manager’s amendment, I am confident that this legislation truly reflects the bipartisan will of this Committee, and I thank the Members for their 

contribution. 

I now recognize Mr. Conyers for his remarks. 

Mr. CONYERS. Thank you, Mr. Chairman. 

I rise in support of the legislation, commending Chairman Sensenbrenner for reasserting the Judiciary Committee’s jurisdiction 

over the Department of Justice. I happen to have been the person 

that in 1979 was successful, with others, to get the first authorization bill through the Judiciary Committee. 

The reason this is important is that the Department has become 

resistant to congressional oversight frequently, refusing sometimes 

to answer questions or so vaguely that we still don’t feel the answers are adequate. Fortunately, by working together today to address our concerns with the Department, I think we have a bill 

that is better than any that has ever been brought forward in authorizing the Department of Justice. 

The bill provides funding for various offices within the Department, but the one that I begin our discussion on is the Office of 

the Inspector General, with a $70 billion provision. In the past 

years, the Office of Inspector General has been diligent in overseeing the war on terrorism and the issues that have arisen as a 

result of it, and issuing reports on the 9/11 detainees and frequently pushing the Department to change how its procedures for 

handling terrorism suspects is done. 

The second-most important provision that I bring to the attention 

of the Committee is the reauthorization of the Violence Against 

Women Act of 1994. For three Congresses we have worked on the 

bill, and each time, I think, dramatic improvements have been 

made. We have new vehicles to tackle this constant issue. And 

building on the work from previous years, the act reauthorizes 

some of the current programs that have been effective, including 

the STOP program, which provides State formula grants that help 

fund collaboration efforts between police and prosecutors and victims service providers, as well as legal assistance for victims. 

This time, we have gone a step further, and instead of focusing 

on adult victims of violence only, we address the problem of violence against children and youth by including programs for college 

campuses and assistance to youth who are themselves victims of violence. There is also attempt here to broaden our scope by not only 

focusing on services for victims, but also by focusing on effective 

prevention programs targeting children who have been exposed to 

violence and young families at risk for violence. These are serious 

623 

prevention programs which deserve our continuing support as we 

move along with this measure. 

We also do something else. We help immigrants subjected to domestic violence to secure their rights to stay in the country and 

seek shelter from those who batter them, by expanding the class 

of victims who can seek immigration status by self-petitioning 

through the Violence Against Women Act. For example, the bill 

protects children of child abuse from aging-out, by allowing the victims to self-petition up to the age of 25; parents abused by U.S. citizen children, by allowing them to file for relief under the Violence 

Against Women Act; and victims with prima facie cases for Violence Against Women Act self-petitioner, or a T or U visa, from removal or deportation. 

The measure also limits detention for victims who have pending 

petitions or applications for relief. 

And finally, this time around, we have tried to recognize the obstacles that some racial and ethnic minorities face in the mainstream system, and have included language and allow programs to 

target the communities of color. 

Chairman SENSENBRENNER. The time of the gentleman has expired. 

Mr. CONYERS. I ask unanimous consent that the remainder of my 

statement be included in the record. 

Chairman SENSENBRENNER. Without objection, so ordered. Without objection, all Members’ statements will appear in the record at 

this time. 

[The prepared statement of Mr. Conyers follows:] 

PREPARED STATEMENT OF THE HONORABLE JOHN CONYERS, JR., A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF MICHIGAN, AND RANKING MEMBER, COMMITTEE

ON THE JUDICIARY

I rise in support of this legislation. I first would like to commend Chairman Sensenbrenner for reasserting the Judiciary Committee’s jurisdiction over the Department of Justice with this bill. In the past few years, the Department has become 

increasingly resistant to congressional oversight, either refusing to answer questions 

or answering them vaguely at best. Fortunately, we worked together to address our 

concerns with the Department and arrived at the bill before us today. 

In general, the bill provides funding for the various offices within the Department. 

In this regard, I would like to note that it gives the Office of the Inspector General 

over $70 million for its responsibilities. In the past few years, the OIG has been diligent in overseeing the Department’s war on terrorism, issuing reports on 9/11 detainees and pushing the Department to change how its procedures for handling terrorism suspects. 

An important piece of the bill is the reauthorization of the Violence Against 

Women Act of 1994. This is the third time we have worked on this bill, and each 

time we make dramatic improvements by using new vehicles to tackle the issue. 

Building on work from previous years, the Act reauthorizes some of the current programs that have proven enormously effective, including the STOP program—which 

provides state formula grants that help fund collaboration efforts between police and 

prosecutors and victim services providers—and legal assistance for victims. 

But this time we take it a step further. This time, instead of focusing on adult 

victims of violence only, we try to address the problem of violence against children 

and youth by including programs for college campuses and assistance to youth who 

are themselves victims of violence. We also try to broaden our scope by not only focusing on services for victims, but also by focusing on effective prevention programs 

targeting children who have been exposed to violence and young families at risk for 

violence. 

In addition, the bill helps immigrants subjected to domestic violence secure the 

opportunity to stay in the country and seek shelter from their batterers. All too 

often women are threatened with deportation or a loss of legal immigrant status if 

they flee or report the abuse they or their children are suffering. This bill will expand protections for battered and trafficked immigrants, those emigrating to the 

624 

U.S. as fiancees or spouses, and close family members joining immigrant victims of 

domestic violence in the U.S. 

Also, the bill will allow victims of child abuse to file for VAWA protection until 

they are 25, and it gives victims of elder abuse the right to seek VAWA protection 

as well. It will also help prevent the detention and removal of those with valid 

claims for immigration relief due to domestic violence. These improvements will 

help protect victims, encourage them to leave abusive relationships, and hopefully 

facilitate family unity and the prosecution of batterers. 

Finally, this time around we have tried to recognize the obstacles that some racial 

and ethnic minorities face in the mainstream system and have included language 

that allows programs to target communities of color. 

In addition, the bill reauthorizes the COPS office. We all know that this Clinton 

Administration program has been increasingly vital in crime prevention and crime 

solving. That is why COPS has received the praise of the Fraternal Order of Police, 

the largest law enforcement organization in the country. Local policing also is the 

backbone in our war on terrorism, as community officers are more likely to know 

the witnesses and more likely to be trusted by community residents who have information about potential attacks. This bill provides over $1 billion per year for this 

program. 

The bill also includes language offered by Rep. Adam Schiff to require the Attorney General to report to Congress on the number of persons detained on suspicion 

of terrorism. This is important because the Department has thwarted congressional 

and judicial efforts to obtain justification for terrorism detainees. The Department’s Office of the Inspector General found that the Department and its components had 

abused terrorism suspects, pushing them into walls, leaving them in legal limbo, 

and depriving them of access to family or counsel. With these reports, elected representatives can better determine whether the Department is overstepping its 

bounds again. 

[The prepared statement of Mr. Goodlatte follows:] 

PREPARED STATEMENT OF THE HONORABLE BOB GOODLATTE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF VIRGINIA

Mr. Chairman, I want to thank you for holding a markup of this important legislation, and for your willingness to include my amendment to this legislation that 

addresses organized retail theft (ORT), a serious and growing threat to our citizens 

and business community. 

It is estimated that professional organized retail theft rings are responsible for pilfering up to $30 billion in merchandise from retail stores annually. 

Organized retail theft groups typically target everyday household commodities 

and consumer items that can be easily sold through fencing operations, flea markets, swap meets and shady store-front operations. Items that are routinely stolen 

include over-the-counter drug products, such as analgesics and cold medications, 

razor blades, camera film, batteries, videos, DVDs, CDs, smoking cessation products, 

infant formula and computer software items. Thieves often travel from retail store 

to retail store, and from state to state, stealing relatively small amounts of goods 

from each store, but cumulatively stealing significant amounts of goods. Once stolen, 

these products can be sold back to fencing operations, which can dilute, alter and 

repackage the goods and then resell them, sometimes back to the same stores from 

which the products were originally stolen. 

When a product does not travel through the authorized channels of distribution, 

there is an increased risk that the product has been altered, diluted, reproduced 

and/or repackaged. These so-called ‘‘diverted products’’ pose significant health risks 

to the public, especially the diverted medications and food products. Diverted products also cause considerable financial losses for legitimate manufacturers and retailers. Ultimately, the consumers bear the brunt of these losses as retail establishments are forced to raise prices to cover the additional costs of security and theft 

prevention measures. 

At the state level, organized retail theft crimes are normally prosecuted under 

state shoplifting statutes as mere misdemeanors. As a result, the thieves that participate in organized retail theft rings typically receive the same punishment as 

common shoplifters. The thieves who are convicted usually see very limited jail time 

or are placed on probation. I believe that the punishment does not fit the crime in 

these situations. Mere slaps on the wrists of these criminals has practically no deterrent effect. In addition, criminals who are involved in organized retail theft rings 

pose greater risks to the public because their intent is for the goods to be resold. 

Because the routes of these diverted products are extremely difficult to trace, there 

is a greater risk that these goods will be faulty, outdated and dangerous for consumer use. The punishment for these interstate crimes should be greater than that 

625 

for common shoplifters. DOJ believes they have the authority under existing statutes to combat ORT rings. In addition, in December of 2003, the FBI established 

an organized retail theft initiative to combat this growing problem. While this is a 

good start, much work needs to be done to combat this problem. 

This amendment would direct resources to DOJ specifically to address ORT 

crimes to ensure that these crimes receive the appropriate attention. Specifically, 

this amendment creates a federal definition of organized retail theft crimes, and authorizes $5 million for each of the next three fiscal years for educating and training 

federal law enforcement regarding these crimes, as well as for investigating, apprehending and prosecuting individuals engaged in these crimes. In addition, this 

amendment directs the FBI to contribute to the construction of a national database 

housed in the private sector, where retail establishments, as well as federal, state, 

and local law enforcement can compile evidence on specific organized retail theft 

crimes to aid investigations and prosecutions. Often, a lack of information about the 

interstate nature of these crimes prevents federal law enforcement from getting involved in these cases. This database will help put the pieces together to show the 

organized and multi-state nature of these crimes, as well as provide important evidence for prosecutions. 

Thank you again, Mr. Chairman, for holding this important markup. 

[The prepared statement of Mr. Green follows:] 

PREPARED STATEMENT OF THE HONORABLE MARK GREEN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF WISCONSIN

I rise in support of the Department of Justice Reauthorization Act before the 

Committee today. This is a good bill, with many great programs including the Violence Against Women Reauthorization Act. I worked extensively on this measure, 

introduced a comprehensive, stand alone act, and am glad to see it before us today 

in this bill. 

As you know VAWA was originally passed ten years ago and since that time has 

helped us make remarkable gains in stopping domestic and sexual violence. During 

that decade, VAWA has saved lives and helped millions of women and children find 

safety, security and self-sufficiency. Because of the violence against women’s act victims of domestic violence have found help to escape the violence and get treatment; 

law enforcement and the judicial system have learned how to better help these victims through what can be a very daunting legal process; and more people recognize 

the signs of abuse because of the awareness campaigns. 

Every step we take to stop domestic violence helps not only save that victim, but 

can help break the cycle of abuse. In this bill we are building on the successes of 

the violence against women act by reauthorizing great programs and including new, 

innovative and cost-effective programs that will continue to help the criminal justice 

and legal systems better protect and help victims. 

We are doing this through training grants; providing direct services for all victims; providing services to children, teens and young adults who have experienced 

violence in their lives; educating young people about domestic violence and sexual 

assault; ensuring existing forms of immigration relief are available to victims; and 

improving the response to American Indian and Native Alaskan victims, who experience staggering rates of physical and sexual assault. 

Investing in these broad remedies and services for victims will help us to continue 

our exceptional progress in preventing these crimes and ensuring future generations 

are safe from domestic and sexual violence. 

This is a great measure and I urge my colleagues to support this bill. 

Thank you. 

[The prepared statement of Ms. Lofgren follows:] 

PREPARED STATEMENT OF THE HONORABLE ZOE LOFGREN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA

Mr. Chairman, a few weeks ago, I and over 120 of my colleagues introduced a 

comprehensive reauthorization of the Violence Against Women Act. VAWA is set to 

expire on September 30th of this year, so it is vital that this Congress quickly consider and pass a reauthorization. 

Since its passage in 1994, VAWA has been a success. It has provided over $5.5 

billion in Federal funding to improve our criminal and community responses to domestic violence. But the statistics remain alarming. One in four women will experience domestic violence during her lifetime. Just in my home State of California, almost 6% of women suffer physical injuries from domestic violence each year. In 

626 

2001, California law enforcement received 198,000 domestic violence calls, with 

weapons involved in over 136,000 of those cases. 

I believe that the reauthorization that I put forth would go a long way towards 

putting a stop to this troubling reality. Today, we are considering a more limited 

reauthorization that includes only those provisions that are within the jurisdiction 

of the Judiciary Committee. I understand the need to keep the process moving in 

the House, and so I am a cosponsor of this bill and will support it today. 

Along those lines, I also want to thank the Chairman and Ranking Member for 

agreeing to include some additional provisions from my bill. I want to especially 

thank them for including new prevention programs. Traditionally, VAWA funding 

has gone to programs designed to respond to domestic violence after the fact. I believe that we also need to fund programs that help prevent domestic violence before 

it occurs, and this bill will do that. 

It is my understanding that the Senate will likely take up a broader bill that includes additional programs outside of the jurisdiction of the House Judiciary Committee, including housing and economic security programs for battered women. I understand that if that happens, the Chairman’s intention is to have a meaningful 

conference with the Senate. 

I just want to state for the record that I hope these additional programs will eventually become part of a conference report. These programs are very important and 

I do not want to see them slip through the cracks. I encourage my colleagues to support this bill, and to also support a broader conference report that provides a comprehensive response to the problem of domestic violence. 

Chairman SENSENBRENNER. Are there amendments? 

The gentlewoman from Texas, Ms. Jackson Lee. 

Ms. JACKSON LEE. I thank you. I have an amendment at the 

desk. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. Amendment to H.R. 3402, offered by Ms. Jackson 

Lee of Texas. At the end of the bill, add the following section——

SEC. lll. It is the sense of Congress that it is important to 

study the concept of implementing a ‘good time’ release program for 

non-violent criminals in the Federal prison system. 

[The amendment follows:] 

Chairman SENSENBRENNER. Without objection, the amendment is 

agreed to. 

Are there further amendments? 

Ms. JACKSON LEE. I thank the Chairman very much, and I will 

just say I hope to work with you on this issue. Thank you. 

Chairman SENSENBRENNER. The chair has a manager’s amendment which represents more bipartisan work product on this one. 

The clerk will report the amendment. 


3402A.eps
627 

The CLERK. Amendment to H.R. 3402, offered by Mr. Sensenbrenner and Mr. Conyers. Page 7, after line 7, insert the following 

(and make such technical and conforming changes as may be appropriate): 

Chairman SENSENBRENNER. Without objection, the amendment is 

considered as read. 

[The amendment follows:] 

628 

1

H.L.C.

AMENDMENT TO H.R. 3402

OFFERED BY MR. SENSENBRENNER AND MR.

CONYERS

Page 7, after line 7, insert the following (and make

such technical and conforming changes as may be appropriate):

1 (D) $5,000,000 for the investigation and

2 prosecution of violations of chapter 77 of title

3 18 of the United States Code.

Page 11, after line 12, insert the following (and

make such technical and conforming changes as may be

appropriate):

4 (D) $5,000,000 for the investigation and

5 prosecution of violations of chapter 77 of title

6 18 of the United States Code.

Page 15, after line 16, insert the following (and

make such technical and conforming changes as may be

appropriate):


3402B.AAB
629 

2

H.L.C.

1 (D) $5,000,000 for the investigation and

2 prosecution of violations of chapter 77 of title

3 18 of the United States Code.

Page 19, after line 18, insert the following (and

make such technical and conforming changes as may be

appropriate):

4 (D) $5,000,000 for the investigation and

5 prosecution of violations of chapter 77 of title

6 18 of the United States Code.

Page 22, after line 14, insert the following (and

make such technical and conforming changes as may be

appropriate):

7 SEC. 105. ORGANIZED RETAIL THEFT.

8 (a) NATIONAL DATA.—(1) The Attorney General and

9 the Federal Bureau of Investigation shall establish a task

10 force to combat organized retail theft and provide exper11 tise to the retail community for the establishment of a na12 tional database or clearinghouse housed and maintained

13 in the private sector to track and identify where organized

14 retail theft type crimes are being committed in the United

15 Sates. The national database shall allow Federal, State,

16 and local law enforcement officials as well as authorized


3402B.AAC
630 

3

H.L.C.

1 retail companies (and authorized associated retail data2 bases) to transmit information into the database electroni3 cally and to review information that has been submitted

4 electronically.

5 (2) The Attorney General shall make available funds

6 to provide for the ongoing administrative and techno7 logical costs to federal law enforcement agencies partici8 pating in the database project.

9 (3) The Attorney General through the Bureau of Jus10 tice Assistance in the Office of Justice may make grants

11 to help provide for the administrative and technological

12 costs to State and local law enforcement agencies partici13 pating in the data base project.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for each of fiscal years 2006

16 through 2009, $5,000,000 for educating and training fed17 eral law enforcement regarding organized retail theft, for

18 investigating, apprehending and prosecuting individuals

19 engaged in organized retail theft, and for working with

20 the private sector to establish and utilize the database de21 scribed in subsection (a).

22 (c) DEFINITION OF ORGANIZED RETAIL THEFT.—

23 For purposes of this section, ‘‘organized retail theft’’

24 means—


3402B.AAD
631 

4

H.L.C.

1 (1) the violation of a State prohibition on retail

2 merchandise theft or shoplifting, if the violation con3 sists of the theft of quantities of items that would

4 not normally be purchased for personal use or con5 sumption and for the purpose of reselling the items

6 or for reentering the items into commerce;

7 (2) the receipt, possession, concealment, bar8 tering, sale, transport, or disposal of any property

9 that is know or should be known to have been taken

10 in violation of paragraph (1); or

11 (3) the coordination, organization, or recruit12 ment of persons to undertake the conduct described

13 in paragraph (1) or (2).

Page 62, line 24, insert ‘‘child’’ after ‘‘establish’’.

Page 64, strike lines 1 through 5 (and make such

technical and conforming changes as may be appropriate).

Beginning on page 64, strike line 23 and all that

follows through line 18 on page 67 (and make such technical and conforming changes as may be appropriate).


3402B.AAE
632 

5

H.L.C.

Page 97, strike lines 13 through 19, and insert the

following (and make such technical and conforming

changes as may be appropriate):

1 SEC. 255. PRE-RELEASE AND POST-RELEASE PROGRAMS

2 FOR JUVENILE OFFENDERS.

3 Section 1801(b) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is

5 amended—

6 (1) in paragraph (15) by striking ‘‘or’’ at the

7 end;

8 (2) in paragraph (16) by striking the period at

9 the end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following:

11 ‘‘(17) establishing, improving, and coordinating

12 pre-release and post-release systems and programs

13 to facilitate the successful reentry of juvenile offend14 ers from State or local custody in the community.’’.

Page 98, after line 7, insert the following (and make

such technical and conforming changes as may be appropriate):


3402B.AAF
633 

6

H.L.C.

1 SEC. 258. EVIDENCE-BASED APPROACHES.

2 Section 1802 of the Omnibus Crime Control and Safe

3 Streets Act of 1968 is amended—

4 (1) in subsection (a)(1)(B) by inserting ‘‘, in5 cluding the extent to which evidence-based ap6 proaches are utilized’’ after ‘‘part’’; and

7 (2) in subsection (b)(1)(A)(ii) by inserting ‘‘,

8 including the extent to which evidence-based ap9 proaches are utilized’’ after ‘‘part’’.

Page 107, beginning in line 21, strike ‘‘1591’’ and

all that follows through ‘‘Fraud),’’ in line 22.

Page 108, after the matter following line 6, insert

the following:

10 (c) MODIFICATION OF STATUTE APPLICABLE TO OF11 FENSE AGAINST CHILDREN.—Section 3283 of title 18,

12 United States Code, is amended by inserting ‘‘, or for ten

13 years after the offense, whichever is longer’’ after ‘‘of the

14 child’’.

Page 109, after line 6, insert the following (and

make such technical and conforming changes as may be

appropriate):


3402B.AAG
634 

7

H.L.C.

1 SEC. 317. REAUTHORIZATION OF LAW ENFORCEMENT TRIB2 UTE ACT.

3 Section 11001 of Public Law 107–273 (42 U.S.C.

4 15208) is amended in subsection (i) by striking ‘‘2006’’

5 and inserting ‘‘2009’’.

6 SEC. 318. AMENDMENT REGARDING BULLYING AND GANGS.

7 Paragraph (13) of section 1801(b) of the Omnibus

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796ee(b)) is amended to read as follows:

10 ‘‘(13) establishing and maintaining account11 ability-based programs that are designed to enhance

12 school safety, which programs may include reseach13 based bullying and gang prevention programs;’’.

14 SEC. 319. TRANSFER OF PROVISIONS RELATING TO THE BU15 REAU OF ALCOHOL, TOBACCO, FIREARMS,

16 AND EXPLOSIVES.

17 (a) ORGANIZATIONAL PROVISION.—Part II of title

18 28, United States Code, is amended by adding at the end

19 the following new chapter:

20 ‘‘CHAPTER 40A—BUREAU OF ALCOHOL,

21 TOBACCO, FIREARMS, AND EXPLOSIVES

‘‘Sec.

‘‘599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives.

‘‘599B. Personnel management demonstration project.’’.

22 (b) TRANSFER OF PROVISIONS.—The section heading

23 for, and subsections (a), (b), (c)(1), and (c)(3) of, section


3402B.AAH
635 

8

H.L.C.

1 1111, and section 1115, of the Homeland Security Act

2 of 2002 (6 U.S.C. 531(a), (b), (c)(1), and (c)(3), and 533)

3 are hereby transferred to, and added at the end of chapter

4 40A of such title, as added by subsection (a) of this sec5 tion.

6 (c) CONFORMING AMENDMENTS.—

7 (1) Such section 1111 is amended—

8 (A) by striking the section heading and in9 serting the following:

10 ‘‘§ 599A. Bureau of Alcohol, Tobacco, Firearms, and

11 Explosives’’

12 ; and

13 (B) in subsection (b)(2), by inserting ‘‘of

14 section 1111 of the Homeland Security Act of

15 2002 (as enacted on the date of the enactment

16 of such Act)’’ after ‘‘subsection (c)’’,

17 and such section heading and such subsections (as

18 so amended) shall constitute section 599A of such

19 title.

20 (2) Such section 1115 is amended by striking

21 the section heading and inserting the following:

22 ‘‘§ 599B. Personnel management demonstration

23 project’’,

24 and such section (as so amended) shall constitute

25 section 599B of such title.


3402B.AAI
636 

9

H.L.C.

1 (d) CLERICAL AMENDMENT.—The chapter analysis

2 for such part is amended by adding at the end the fol3 lowing new item:

‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives ............................................................................ 599A’’.

4 SEC. 320. REAUTHORIZE THE GANG RESISTANCE EDU5 CATION AND TRAINING PROJECTS PROGRAM.

6 Section 32401(b) of the Violent Crime Control Act

7 of 1994 (42 U.S.C. 13921(b)) is amended by striking

8 paragraphs (1) through (6) and inserting the following:

9 ‘‘(1) $20,000,000 for fiscal year 2006;

10 ‘‘(2) $20,000,000 for fiscal year 2007;

11 ‘‘(3) $20,000,000 for fiscal year 2008;

12 ‘‘(4) $20,000,000 for fiscal year 2009; and

13 ‘‘(5) $20,000,000 for fiscal year 2010.’’T1.

14 SEC. 321. NATIONAL TRAINING CENTER.

15 (a) IN GENERAL.—The Attorney General may use

16 the services of the National Training Center in Sioux City,

17 Iowa, to utilize a national approach to bring communities

18 and criminal justice agencies together to receive training

19 to control the growing national problem of methamphet20 amine, poly drugs and their associated crimes. The Na21 tional Training Center in Sioux City, Iowa, seeks a com22 prehensive approach to control and reduce methamphet23 amine trafficking, production and usage through training.


3402B.AAJ
637 

10

H.L.C.

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Attorney General

3 to carry out this section the following amounts, to remain

4 available until expended:

5 (1) $2,500,000 for fiscal year 2006

6 (2) $3,000,000 for fiscal year 2007

7 (3) $3,000,000 for fiscal year 2008

8 (4) $3,000,000 for fiscal year 2009.

Page 123, line 21, insert ‘‘in collaboration with an

organization with a documented history of effective work’’

after ‘‘effectively’’.

Page 129, after line 19, insert the following (and

make such technical and conforming changes as may be

appropriate):

9 ‘‘(13) supporting the placement of special vic10 tim assistants (to be known as ‘Jessica Gonzales

11 Victim Assistants’) in local law enforcement agencies

12 to serve as liaisons between victims of domestic vio13 lence, dating violence, sexual assault, and stalking

14 and personnel in local law enforcement agencies in

15 order to improve the enforcement of protection or16 ders. Jessica Gonzales Victim Assistants shall have


3402B.AAK
638 

11

H.L.C.

1 expertise in domestic violence, dating violence, sexual

2 assault, or stalking and may undertake the following

3 activities—

4 ‘‘(A) developing, in collaboration with pros5 ecutors, courts, and victim service providers,

6 standardized response policies for local law en7 forcement agencies, including triage protocols to

8 ensure that dangerous or potentially lethal

9 cases are identified and prioritized;

10 ‘‘(B) notifying persons seeking enforce11 ment of protection orders as to what responses

12 will be provided by the relevant law enforcement

13 agency;

14 ‘‘(C) referring persons seeking enforcement

15 of protection orders to supplementary services

16 (such as emergency shelter programs, hotlines,

17 or legal assistance services); and

18 ‘‘(D) taking other appropriate action to as19 sist or secure the safety of the person seeking

20 enforcement of a protection order.’’.

Page 136, line 2, strike ‘‘$75,000,000’’ and insert

‘‘$65,000,000’’.


3402B.AAL
639 

12

H.L.C.

Page 143, line 14, strike ‘‘$60,000,000’’ and insert

‘‘$55,000,000’’.

Page 146, line 9, insert ‘‘, or a court system dedicated to the adjudication of domestic violence cases’’

after ‘‘services’’.

Page 147, after line 7, insert the following (and

make such technical and conforming changes as may be

appropriate):

1 ‘‘(6) to provide training for specialized service

2 providers, such as interpreters.’’.

Strike section 602 and insert the following (and

make such technical and conforming changes as may be

appropriate):

3 SEC. 602. SEXUAL ASSAULT SERVICES PROGRAM.

4 Part T of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amend6 ed by adding after section 2013 (as added by section 101

7 of this Act) the following:

8 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES PROGRAM.

9 ‘‘(a) PURPOSE.—The purposes of this section are—

10 ‘‘(1) to assist States, Indian tribes, and terri11 tories in providing intervention, advocacy, accomVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00643 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

3402B.AAM
640 

13

H.L.C.

1 paniment, support services, and related assistance

2 for—

3 ‘‘(A) adult, youth, and minor victims of

4 sexual assault;

5 ‘‘(B) family and household members of

6 such victims; and

7 ‘‘(C) those collaterally affected by the vic8 timization except for the perpetrator of such

9 victimization; and

10 ‘‘(2) to provide training and technical assist11 ance to, and to support data collection relating to

12 sexual assault by—

13 ‘‘(A) Federal, State, tribal, territorial, and

14 local governments, law enforcement agencies,

15 and courts;

16 ‘‘(B) professionals working in legal, social

17 service, and health care settings;

18 ‘‘(C) nonprofit organizations;

19 ‘‘(D) faith-based organizations; and

20 ‘‘(E) other individuals and organizations

21 seeking such assistance.

22 ‘‘(b) GRANTS TO STATES, TERRITORIES AND TRIBAL

23 ENTITIES.—

24 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

25 General shall award grants to States, territories and


3402B.AAN
641 

14

H.L.C.

1 Indian tribes, tribal organizations, and non-profit

2 tribal organizations within Indian country and Alas3 kan native villages for the establishment, mainte4 nance and expansion of rape crisis centers or other

5 programs and projects to assist those victimized by

6 sexual assault.

7 ‘‘(2) SPECIAL EMPHASIS.—States, territories

8 and tribal entities will give special emphasis to the

9 support of community-based organizations with a

10 demonstrated history of providing intervention and

11 related assistance to victims of sexual assault.

12 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

13 ADDRESSING SEXUAL ASSAULT.—

14 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

15 General shall award grants to culturally specific

16 community-based organization that—

17 ‘‘(A) is a private, nonprofit organization

18 that focuses primarily on racial and ethnic com19 munities;

20 ‘‘(B) must have documented organizational

21 experience in the area of sexual assault inter22 vention or have entered into partnership with

23 an organization having such expertise;

24 ‘‘(C) has expertise in the development of

25 community-based, linguistically and culturally


3402B.AAO
642 

15

H.L.C.

1 specific outreach and intervention services rel2 evant for the specific racial and ethnic commu3 nities to whom assistance would be provided or

4 have the capacity to link to existing services in

5 the community tailored to the needs of racial

6 and ethnic populations; and

7 ‘‘(D) has an advisory board or steering

8 committee and staffing which is reflective of the

9 targeted racial and ethnic community.

10 ‘‘(2) AWARD BASIS.—The Attorney General

11 shall award grants under this subsection on a com12 petitive basis for a period of no less than 3 fiscal

13 years.

14 ‘‘(d) SERVICES AUTHORIZED.—For grants under

15 subsection (b) and (c) the following services and activities

16 may include—

17 ‘‘(1) 24 hour hotline services providing crisis

18 intervention services and referrals;

19 ‘‘(2) accompaniment and advocacy through

20 medical, criminal justice, and social support systems,

21 including medical facilities, police, and court pro22 ceedings;

23 ‘‘(3) crisis intervention, short-term individual

24 and group support services, and comprehensive servVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00646 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

3402B.AAP
643 

16

H.L.C.

1 ice coordination, and supervision to assist sexual as2 sault victims and family or household members;

3 ‘‘(4) support mechanisms that are culturally

4 relevant to the community;

5 ‘‘(5) information and referral to assist the sex6 ual assault victim and family or household members;

7 ‘‘(6) community-based, linguistically and cul8 turally-specific services including outreach activities

9 for racial and ethnic and other underserved popu10 lations and linkages to existing services in these pop11 ulations;

12 ‘‘(7) Collaborating with and informing public

13 officials and agencies in order to develop and imple14 ment policies to reduce or eliminate sexual assault;

15 ‘‘(8) the development and distribution of edu16 cational materials on issues related to sexual assault

17 and the services described in clauses (A) through

18 (G).

19 ‘‘(e) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

20 SEXUAL ASSAULT COALITIONS.—

21 ‘‘(1) GRANTS AUTHORIZED.—

22 ‘‘(A) IN GENERAL.—The Attorney General

23 shall award grants to State, territorial and trib24 al sexual assault coalitions to assist in sup25 porting the establishment, maintenance and exVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00647 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

3402B.AAQ
644 

17

H.L.C.

1 pansion of such coalitions as determined by the

2 National Center for Injury Prevention and Con3 trol Office in collaboration with the Violence

4 Against Women Office of the Department of

5 Justice.

6 ‘‘(B) FIRST-TIME APPLICANTS.—No entity

7 shall be prohibited from submitting an applica8 tion under this subsection because such entity

9 has not previously applied or received funding

10 under this subsection.

11 ‘‘(f) COALITION ACTIVITIES AUTHORIZED.—Grant

12 Funds received under subsection (e) may be used to—

13 ‘‘(1) work with local sexual assault programs

14 and other providers of direct services to encourage

15 appropriate responses to sexual assault within the

16 State, territory, or Indian tribe;

17 ‘‘(2) work with judicial and law enforcement

18 agencies to encourage appropriate responses to sex19 ual assault cases;

20 ‘‘(3) work with courts, child protective services

21 agencies, and children’s advocates to develop appro22 priate responses to child custody and visitation

23 issues when sexual assault has been determined to

24 be a factor;


3402B.AAR
645 

18

H.L.C.

1 ‘‘(4) design and conduct public education cam2 paigns;

3 ‘‘(5) plan and monitor the distribution and use

4 of grants and grant funds to their State, territory,

5 or Indian tribe; and

6 ‘‘(6) collaborate with and inform Federal, State,

7 Tribal, or local public officials and agencies to de8 velop and implement policies to reduce or eliminate

9 sexual assault.

10 ‘‘(g) APPLICATION.—

11 ‘‘(1) Each eligible entity desiring a grant under

12 subsections (c) and (e) shall submit an application

13 to the Attorney General at such time, in such man14 ner and containing such information as the Attorney

15 General determines to be essential to carry out the

16 purposes of this section.

17 ‘‘(2) Each eligible entity desiring a grant under

18 subsection (b) shall include—

19 ‘‘(A) demonstration of meaningful involve20 ment of the State or territorial coalitions, or

21 Tribal coalition, where applicable, in the devel22 opment of the application and implementation

23 of the plans;

24 ‘‘(B) a plan for an equitable distribution of

25 grants and grant funds within the State, terriVerDate Aug 31 2005 06:51 Sep 23, 2005 Jkt 023571 PO 00000 Frm 00649 Fmt 6659 Sfmt 6601 E:\HR\OC\HR233.XXX HR233

3402B.AAS
646 

19

H.L.C.

1 tory or tribal area and between urban and rural

2 areas within such State or territory;

3 ‘‘(C) the State, territorial or Tribal entity

4 that is responsible for the administration of

5 grants; and

6 ‘‘(D) any other information the Attorney

7 General reasonably determines to be necessary

8 to carry out the purposes and provisions of this

9 section.

10 ‘‘(h) REPORTING.—

11 ‘‘(1) Each entity receiving a grant under sub12 section (b), (c) and (e) shall submit a report to the

13 Attorney General that describes the activities carried

14 out with such grant funds.

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—

16 ‘‘(1) IN GENERAL.—There is authorized to be

17 appropriated $55,000,000 for each of the fiscal

18 years 2006 through 2010 to carry out this section.

19 Any amounts so appropriated shall remain available

20 until expended.

21 ‘‘(2) ALLOCATIONS.—Of the total amount ap22 propriated for each fiscal year to carry out this

23 section—

24 ‘‘(A) not more than 2.5 percent shall be

25 used by the Attorney General for evaluation,


3402B.AAT
647 

20

H.L.C.

1 monitoring and administrative costs under this

2 section;

3 ‘‘(B) not more than 2.5 percent shall be

4 used for the provision of technical assistance to

5 grantees and sub- grantees under this section,

6 except that in subsection (c) up to 5 percent of

7 funds appropriated under that subsection may

8 be available for technical assistance to be pro9 vided by a national organization or organiza10 tions whose primary purpose and expertise is in

11 sexual assault within racial and ethnic commu12 nities;

13 ‘‘(C) not less than 75 percent shall be used

14 for making grants to states and territories and

15 tribal entities under subsection (b) of which not

16 less than 10 percent of this amount shall be al17 located for grants to tribal entities. State, terri18 torial and tribal governmental agencies shall

19 use no more than 5% for administrative costs;

20 ‘‘(D) not less than 10 percent shall be used

21 for grants for culturally specific programs ad22 dressing sexual assault under subsection (c);

23 and

24 ‘‘(E) not less than 10 percent shall be used

25 for making grants to state, territorial and tribal


3402B.AAU
648 

21

H.L.C.

1 coalitions under subsection (e) of which not less

2 than 10 percent shall be allocated for grants to

3 tribal coalitions.

4 The remaining funds shall be available for grants to

5 State and territorial coalitions, and the Attorney

6 General shall allocate an amount equal to 1/56 of

7 the amounts so appropriated to each of the several

8 States, the District of Columbia, and the territories.

9 ‘‘(3) MINIMUM AMOUNT.—Of the amount ap10 propriated under section (i)2(c), the Attorney Gen11 eral, not including the set aside for tribal entities,

12 shall allocate not less than 1.50 percent to each

13 State and not less than 0.125 percent to each of the

14 territories. The remaining funds shall be allotted to

15 each State and each territory in an amount that

16 bears the same ratio to such remaining funds as the

17 population of such State bears to the population of

18 the combined States, or for territories, the popu19 lation of the combined territories.’’.

Page 183, line 14, strike ‘‘$55,000,000’’ and insert

‘‘$50,000,000’’.


3402B.AAV
649 

22

H.L.C.

Strike section 203 (and make such technical and

conforming changes as may be appropriate).

Page 204, line 19, strike ‘‘$15,000,000’’ and insert

‘‘$10,000,000’’.

Page 229, line 12, strike ‘‘$20,000,000’’ and insert

‘‘$15,000,000’’.

Page 317, beginning on line 8, strike ‘‘violent crimes

against Indian women’’ and insert ‘‘domestic violence,

dating violence, sexual assault, and stalking on Tribal

lands’’.

Page 317, line 12, strike ‘‘violent crimes committed

against Indian women’’ and insert ‘‘domestic violence,

dating violence, sexual assault, and stalking on Tribal

lands’’.

Page 317, beginning on line 14, strike ‘‘violent

crimes committed against Indian women’’ and insert ‘‘domestic violence, dating violence, sexual assault, and stalking on Tribal lands’’.


3402B.AAW
650 

23

H.L.C.

Page 325, line 18, strike ‘‘the safety of members of

Indian tribes’’ and insert ‘‘domestic violence, sexual assault, dating violence, and stalking’’.

Page 326, after line 19, insert the following:

1 ‘‘(G) Section 2014(b) Sexual Assault Serv2 ices Program, Grants to States, Territories and

3 Indian Tribes.

4 ‘‘(H) Title VII, section 41201, Grants for

5 Training and Collaboration on the Intersection

6 Between Domestic Violence and Child Maltreat7 ment. Section 41202, Services to Advocate For

8 and Respond to Teens.

9 ‘‘(I) Section 704, Grants to Combat Do10 mestic Violence, Dating Violence, Sexual As11 sault, and Stalking In Middle And High

12 Schools.

Page 331, line 2, strike ‘‘40’’ and insert ‘‘50’’.


3402B.AAX
651 

Chairman SENSENBRENNER. The chair will recognize himself for 

5 seconds to state that this is the agreed upon amendment between 

the Ranking Member and the chair, and yields back the balance of 

his time. 

The gentleman from Michigan. 

Mr. CONYERS. Mr. Chairman, I strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. CONYERS. The one thing that I would like to separate out to 

point out is that we include four amendments in the manager’s 

amendment—one from the gentleman from Virginia, Mr. Bobby 

Scott; one from the gentlelady from California, Representative 

Linda Sa ́nchez; one from the gentleman from California, Mr. Schiff; 

as a matter of fact, two from Mr. Schiff. And all of these are carefully worked out by our staffs, and I urge a yes on the manager’s 

amendment and return my—— Ms. JACKSON LEE. Would the gentleman yield? 

Mr. CONYERS. Yes, I would. 

Ms. JACKSON LEE. I would just note that I will support the manager’s amendment, with a caveat. And to avoid taking 5 minutes 

time, I would like to note that a few weeks ago, I and over 120 of 

my colleagues in the House, introduced a comprehensive reauthorization of the Violence Against Women Act, which, as the Chairman has noted and the Ranking Member, is set to expire on the 

30th. Today we are considering a more limited reauthorization that 

includes only those provisions that are within the jurisdiction of 

the Judiciary Committee. 

I understand the need to keep the process moving in the House 

and I am a cosponsor of this bill and I will support it. I also wanted 

to note that the Senate, I believe, is going to adopt a broader Violence Against Women measure, and it is my hope that in the Conference Committee it is the Chairman’s intention to review carefully what the Senate is doing, and I would hope that a meaningful 

conference, that I hope to participate in, will bring back a more 

comprehensive Violence Against Women Act. And I will submit my 

full statement for the record. 

Chairman SENSENBRENNER. Without objection the statement will 

be included. 

Ms. JACKSON LEE. I thank the gentleman for yielding. 

Chairman SENSENBRENNER. Will the gentleman from Michigan 

yield? 

Mr. CONYERS. Yes, I will be glad to yield. 

Chairman SENSENBRENNER. You know, I can give the gentlewoman from California my commitment that I will review seriously 

and carefully what the Senate does. I can’t say they ever do that 

for what we do, but I will not cast the first stone this time. And 

I thank the——

Mr. CONYERS. Could I let the gentlelady know that I am a cosponsor, proudly, of the enlarged subject matter in the Violence 

Against Women provision, and I am happy to join her in it. 

Ms. JACKSON LEE. Will the gentleman yield? 

Mr. CONYERS. Yes. I yield to the gentlelady from Texas. 

Ms. JACKSON LEE. The Chairman was so gracious and moved so 

quickly on my amendment, I just simply want to say that I support 

the manager’s amendment and I also wanted to have, because I 

652 

was detained, unanimous consent to indicate on H.R. 3132 that I 

was detained. If I had been in the room, I would have voted aye 

on the Child Safety Act. 

Chairman SENSENBRENNER. Without objection. 

Ms. JACKSON LEE. And I thank the gentleman for yielding. I support the manager’s amendment. 

Mr. CONYERS. I yield back the balance of my time. 

Chairman SENSENBRENNER. For what purpose does the gentleman from New York seek recognition? 

Mr. NADLER. Mr. Chairman, I move to strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. NADLER. Thank you, Mr. Chairman. 

I strongly support this bill and the manager’s amendment, particularly the section renewing the Violence Against Women Act. 

And the new program that I have worked on, and I thank the 

Ranking Member, Mr. Conyers, for working on it with me, the Jessica Gonzales Victim Assistance Program, which is included in the 

manager’s amendment to better enforce protective orders. On June 

27th of this year, 2 weeks ago, in Castle Rock v. Gonzales, the Supreme Court held that the police did not have the mandatory duty 

to make an arrest under a court-issued protective order to protect 

a woman from a violent husband. The ruling ended a lawsuit by 

a Colorado woman who claimed the police did not do enough to prevent her violent husband from killing their three young daughters. 

The ruling said Jessica Gonzales did not have a constitutional right 

to police enforcement of the protective order that had been ordered 

by the court against her husband. 

The heartbreaking details of this case show the desperate need 

for legislation. That is why I drafted the Jessica Gonzales Victim 

Assistance Program, which will restore some of the effectiveness of 

protective orders and which is included in the manager’s amendment. The Jessica Gonzales Victim Assistance Program would place 

special victim assistants in local law enforcement agencies to serve 

as liaisons between the agencies and victims of domestic violence, 

dating violence, sexual assault, and stalking, in order to improve 

the enforcement of protective orders. This program in turn would 

develop, in collaboration with prosecutors, courts, and victims service providers, standardized response policies for local law enforcement agencies, including triage protocols to ensure that dangerous 

and potentially lethal cases are identified and prioritized. These experts would also know what appropriate action should be taken to 

assist or secure the safety of domestic violence victims seeking the 

enforcement of a protective order. 

I would like to thank the Chairman and Ranking Member for 

working with me to include this important program in the manager’s amendment. I support the adoption of the amendment and 

the renewal of the Violence Against Women Act, and I ask unanimous consent to include the complete statement which I didn’t just 

read in the record. 

Chairman SENSENBRENNER. Without objection, the statement 

will be included. 

[The statement of Mr. Nadler follows:] 

653 

PREPARED STATEMENT OF THE HONORABLE JERROLD NADLER, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF NEW YORK

Mr. Chairman, I am a strong supporter of this bill, particularly the section renewing the Violence Against Women Act, and a new program I’ve worked on, the Jessica 

Gonzalez Victim Assistance Program, to better enforce protective orders. 

Every nine seconds a woman is battered in the United States. In 2004, 155,375 

women and children in New York City alone requested help from domestic violence 

programs, and these were only the documented cases. Many more cases go 

unmentioned as women, fearing to come forward, leave the assaults unreported. 

The most common form of domestic abuse is physical; but many men abuse their 

wives and partners emotionally, sexually, and economically; and women are not the 

only victims. Nationwide, between 3.3 and 10 million children annually witness the 

abuse that occurs between their parents, and so the domestic violence cycle is 

passed on from generation to generation. 

For many years domestic violence has been viewed as a woman’s problem, but 

that is not the case. Domestic violence is a woman’s problem, a man’s problem, the 

community’s problem. The time is long overdue for men to take a stand and say 

that domestic violence is unacceptable. 

Today, together, we are making a big leap forward in protecting women who are 

victims by working, in a bipartisan manner, to improve and renew the Violence 

Against Women Act. In particular, I would like to point out that the Manager’s 

Amendment includes a provision that I authored dealing with the enforcement of 

protective orders. 

On June 27, in Castle Rock v. Gonzales, the Supreme Court held that the police 

did not have a mandatory duty to make an arrest under a court-issued protective 

order to protect a woman from a violent husband. The ruling ended a lawsuit by 

a Colorado woman who claimed the police did not do enough to prevent her violent 

husband from killing their three young daughters. The ruling said Jessica Gonzales 

did not have a constitutional right to police enforcement of the protective court order 

against her husband. 

The heartbreaking details of this case show the desperate need for legislation. 

That’s why I have drafted the Jessica Gonzales Victim Assistance Program, which 

will restore some of the effectiveness of protective orders. 

The Jessica Gonzales Victim Assistance Program would place special victim assistants in local law enforcement agencies to serve as liaisons between the agencies 

and victims of domestic violence, dating violence, sexual assault, and stalking in 

order to improve the enforcement of protection orders. 

This program, in turn, would develop, 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. Moreover, these experts would know what 

appropriate action should be taken to assist or secure the safety of domestic violence 

victims seeking the enforcement of a protection order. 

I would like to thank the Chairman and Ranking Member for working with me 

to include this important program in the Manager’s Amendment. I support the 

adoption of the amendment and the renewal of the Violence Against Women Act. 

Mr. CONYERS. Would the gentleman yield? 

Mr. NADLER. I would be happy to yield. 

Mr. CONYERS. I want to thank him for his compliment and the 

work that he has done across the years on this subject matter. We 

are trying to move to report this bill before we begin our voting on 

the floor, and the only amendment that I know of on our side is 

the gentleman from New York, Mr. Weiner. It is likely that the 

vote will take place before 2 o’clock on the floor now, so I am hoping we can close this one down before we go to vote on the floor. 

Chairman SENSENBRENNER. Without objection, the manager’s 

amendment is agreed to. 

For what purpose does the gentleman from New York seek recognition? 

Mr. WEINER. Mr. Chairman, I have an amendment at the desk. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

654 

The CLERK. Amendment to H.R. 3402, offered by Mr. Weiner of 

New York. Add at an appropriate place the following: 

Mr. WEINER. Mr. Chairman, I ask unanimous consent that we 

consider this read. 

Chairman SENSENBRENNER. Without objection. 

[The amendment follows:] 

655 

1

H.L.C.

AMENDMENT TO H.R. 3402

OFFERED BY MR. WEINER OF NEW YORK

Add at an appropriate place the following:

1 SEC. —-. POLICE BADGES.

2 Section 716 of title 18, United States Code, is

3 amended—

4 (1) in subsection (b), by inserting ‘‘is a genuine

5 police badge and’’ after ‘‘that the badge’’ ;

6 (2) by adding at the end the following:

7 ‘‘(d) It is a defense to a prosecution under this sec8 tion that the badge is a counterfeit police badge and is

9 used or is intended to be used exclusively—

10 ‘‘(1) for a dramatic presentation, such as a the11 atrical, film, or television production; or

12 ‘‘(2) for legitimate law enforcement purposes.’’.


3402C.AAB
656 

Mr. WEINER. Mr. Chairman, first let me begin by expressing my 

g4ratitude to you for—— Chairman SENSENBRENNER. Without objection, the amendment is 

agreed to. 

Mr. WEINER. Thank you, Mr. Chairman. I yield back the balance 

of my time. 

Chairman SENSENBRENNER. Are there further amendments? 

The gentleman from Indiana, Mr. Hostettler. 

Mr. HOSTETTLER. Mr. Chairman, I have an amendment at the 

desk. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

Mr. HOSTETTLER. And the amendment begins——

Mr. CONYERS. Reserving the right to object, Mr. Chairman. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. Amendment to H.R. 3402, offered by Mr. Hostettler. 

Page 22, after line 14, insert the——

Mr. HOSTETTLER. Mr. Chairman, I ask unanimous consent——

Chairman SENSENBRENNER. The clerk will read until the amendment can be passed out. 

The CLERK.—insert the following (and make such technical and 

conforming changes as may be appropriate): 

SEC. 105. Congressional Action Necessary to Execute Orders Relating to Certain Claims. 

No order resulting from a claim pursuant to section 1979 of the 

Revised Statutes (42 U.S.C. 1983) may be executed without explicit 

statutory authority granted as a consequence of exercise of section 

5 of the Fourteenth Amendment of the Constitution of the United 

States. 

[The amendment follows:] 

657 

1

Amendment to H.R. 3402

Offered by Mr. Hostettler

Page 22, after line 14, insert the following (and

make such technical and conforming changes as may be

appropriate):

1 SEC. 105. CONGRESSIONAL ACTION NECESSARY TO EXE2 CUTE ORDERS RELATING TO CERTAIN

3 CLAIMS.

4 No order resulting from a claim pursuant to section

5 1979 of the Revised Statutes (42 U.S.C. 1983) may be

6 executed without explicit statutory authority granted as

7 a consequence of exercise of section 5 of the Fourteenth

8 Amendment to the Constitution of the United States.


3402D.AAB
658 

Chairman SENSENBRENNER. The gentleman from Indiana is recognized—— Mr. CONYERS. Mr. Chairman, could I ask unanimous consent to 

withdraw my reservation. 

Chairman SENSENBRENNER. Without objection. 

The gentleman from Indiana is recognized for 5 minutes. 

Mr. HOSTETTLER. Thank you, Mr. Chairman. 

Mr. Chairman, Members are having passed out to them now the 

wording of the fourteenth amendment as well as a handout that 

will be instructive in this discussion. 

The wording of the fourteenth amendment is quite clear. Historically, Congress has used its power to enact civil rights statutes of 

various types, and that is evident on the handout. This fact was 

reiterated in testimony by Richard Parker, the Williams Professor 

of Law at Harvard University, before the Constitution Subcommittee on May 7, 2003. When asked about the practical impact 

of the 1954 Supreme Court decision, Brown v. Board of Education, 

on civil rights in America, Professor Parker responded: ‘‘There was 

not much real desegregation of the public schools until the end of 

the 1960’s, and it was Congress that did the heavy lifting.’’ The history of the ratification of the fourteenth amendment indicates that the Supreme Court held that rights reserved to the people indicated in the Bill of Rights before the fourteenth amendment 

were prohibitions against the National Government. The first suggestion of incorporation was made to the Court in 1887, 19 years 

after the ratification of the fourteenth amendment, and a Supreme 

Court justice did not subscribe to the notion of incorporation until 

1892. 

Between 1868, the ratification of the fourteenth amendment, and 

1947, when Justice Black suggested—reiterated incorporation in 

Adamson v. California, only three justices of the Supreme Court 

had suggested support for the doctrine of incorporation. And one of 

them actually recanted his support for that doctrine after first supporting the notion. 

The intent of the fourteenth amendment is clear, to give the Congress the authority to legislate on matters of civil rights. However, 

the Supreme Court has used the fourteenth amendment and the incorporation doctrine to, among other things, remove prayer, Bible 

reading, and the Ten Commandments from various public venues, 

including graduation, and to allow the destruction of innocent preborn human life in Roe v. Wade. 

If you agree with those decisions and that it is the Court that 

is empowered by the fourteenth amendment to create rights, such 

as in Roe, and take away rights, such as in Kelo, then you should 

vote against my amendment. However, if you believe the clear 

wording of the Amendment empowers the people through their 

elected Members of Congress to legislate civil rights, then I would 

request that you support my amendment. 

659 


3402E1.eps
660 


3402E2.eps
661 

Mr. HOSTETTLER. Mr. Chairman, I yield back the balance of my 

time. 

Chairman SENSENBRENNER. The chair recognizes himself for 5 

minutes in opposition to the amendment. 

This amendment is way overbroad and is going to have a lot of 

unintended consequences. But what I will say is that the civil 

rights statutes that have been passed since the time of the end of 

the Civil War until the present have been done pursuant to 

Congress’s constitutional authority and may have created causes of 

action where people can bring alleged civil rights violations to the 

attention of the Federal courts, and if they win their case, the 

courts can fashion appropriate relief. 

What this amendment does is it says that somebody who wins 

a section 1983 case is going to have to come to Congress to get it 

executed, and there’s going to have to be a bill passed by Congress 

in order to execute the award that someone has won after a trial. 

And we don’t do this. If you have got a claim against somebody on 

contract, you win your case, you get a judgment, and then you get 

a writ of execution. And I don’t see why we should have to say that 

making people come back to Congress after they win a certain type 

of civil rights case is good law, and it certainly means that when 

someone’s civil rights have been violated, getting relief is a political 

question rather than a legal question. 

I would strongly urge opposition to this amendment, because it 

is going to have many unintended consequences. 

Mr. CONYERS. Mr. Chairman? 

Chairman SENSENBRENNER. I yield to the gentleman from Michigan. 

Mr. CONYERS. All I can add to that, and I agree completely, is 

that title 42, section 1983 is the overriding Civil Rights Act in the 

entire Federal Code. If we were to follow the suggestion that is 

made in this amendment, we would be ripping out dozens of civil 

rights provisions and I don’t know where to land this. This could 

have an incredibly far-reaching negative effect, especially as we are 

marshalling our bipartisan resources to extend provisions of the 

Voting Rights Act at this same time. So this would be one of the 

most shocking, largest steps backwards that I could imagine could 

possibly happen. And I urge that we quickly remove this amendment from discussion. 

I return my time. 

Chairman SENSENBRENNER. The chair yields back the balance of 

his time. 

The question is on the Hostettler amendment. Those in favor will 

say aye? Opposed, no? 

The noes appear to have it. The noes have it. The amendment 

is not agreed to. 

Are there further amendments? The gentleman from California. 

Mr. ISSA. Thank you, Mr. Chairman. I have an amendment at 

the desk. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. Amendment to H.R. 3402, offered by Mr. Issa of 

California. Insert at an appropriate place the following: 

SEC. lll. Officially Approved Postage. 

662 

Section 475 of title 18, United States Code, is amended by adding 

at the end the following: ‘‘Nothing in this section applies to evidence of postage payment approved by the US Postal Service.’’ [The amendment follows:] 

663 

1

H.L.C.

AMENDMENT TO H.R. 3402

OFFERED BY MR. ISSA OF CALIFORNIA

Insert at an appropriate place the following:

1 SEC. —- OFFICIALLY APPROVED POSTAGE.

2 Section 475 of title 18, United States Code, is

3 amended by adding at the end the following: ‘‘Nothing in

4 this section applies to evidence of postage payment ap5 proved by the US Postal Service.’’.


3402F.AAB
664 

Chairman SENSENBRENNER. Without objection, the amendment is 

agreed to. 

Are there further amendments? 

If there are no further amendments—the gentleman from Iowa, 

Mr. King? 

Mr. KING. Mr. Chairman, I move to strike the last word. 

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. KING. Thank you, Mr. Chairman. 

I wanted to voice my opinion and concern before this Committee. 

And I will be supporting this bill on its passage out of this Committee. There are some very, very good provisions in here and I appreciate the work that has been done on both sides of the aisle in 

this bipartisan manner. I do have some reservations with regard to 

some of the provisions, especially the fiancee provision, the significant-other provisions, and the opportunity there for fraud. I hope 

that the Chairman and the Ranking Member will be willing to look 

at some suggestions that I am likely to bring after this passes out 

of Committee. 

And I would yield back the balance of my time. 

Chairman SENSENBRENNER. Are there further amendments? 

There are no further amendments. 

A reporting quorum is present. The question occurs on the motion to report the bill H.R. 3402 favorably, as amended. All in favor 

will say aye? Opposed, no? 

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. 

Without objection, the bill will be reported favorably to the 

House in the form of a single amendment in the nature of a substitute incorporating the amendments adopted here today. 

Without objection, the staff is directed to make any technical and 

conforming changes, and all Members will be given 2 days, as provided by the House rules, in which to submit additional, dissenting, 

supplemental, or minority views. 

The chair would like to thank everybody for their patience and 

forbearance on passing out two major bills and four important resolutions today. Because the agenda has been cleaned off, we will not 

come back tomorrow. We do have two items left over from the previous markup, the Civil Rights Restoration Act and the continued 

consideration of the Federal Prison Industries bill. We will be dealing with those when we come back here in September. 

The business having been concluded, without objection the Committee stands adjourned. 

[Whereupon, at 1:45 p.m., the Committee was adjourned.] 

Æ