109TH CONGRESS

2D SESSION S. 3693

AN ACT

To make technical corrections to the Violence Against

Women and Department of Justice Reauthorization Act

of 2005.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. UNIVERSAL GRANT CONDITIONS AND DEFINI2 TIONS OF THE VIOLENCE AGAINST WOMEN

3 ACT OF 2005.

4 (a) SHORT TITLE.—Section 1 of the Violence Against

5 Women and Department of Justice Reauthorization Act

6 of 2005 is amended by—

7 (1) inserting ‘‘(a) IN GENERAL’’ before ‘‘This’’;

8 and

9 (2) adding at the end the following:

10 ‘‘(b) SEPARATE SHORT TITLES.—Section 3 and titles

11 I through IX of this Act may be cited as the ‘Violence

12 Against Women Reauthorization Act of 2005’. Title XI

13 of this Act may be cited as the ‘Department of Justice

14 Appropriations Authorization Act of 2005’.’’.

15 (b) CLARIFY EFFECTIVE DATES.—The Violence

16 Against Women Act and Department of Justice Reauthor17 ization Act of 2005 (Public Law 109–162) is amended by

18 adding after section 3 the following new section:

19 ‘‘SEC. 4. EFFECTIVE DATE OF SPECIFIC SECTIONS.

20 ‘‘Notwithstanding any other provision of this Act or

21 any other law, sections 101, 102 (except the amendment

22 to section 2101(d) of the Omnibus Crime Control and Safe

23 Streets Act of 1968 included in that section), 103, 121,

24 203, 204, 205, 304, 306, 602, 906, and 907 of this Act

25 shall not take effect until the beginning of fiscal year

26 2007.’’.
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1 (c) ENSURE COMPREHENSIVE DEFINITIONAL SEC2 TION.—

3 (1) CRIMES ON CAMPUSES.—Section 304 of the

4 Violence Against Women and Department of Justice

5 Reauthorization Act of 2005 (Public Law 109–162)

6 is amended by adding at the end the following:

7 ‘‘(g) DEFINITIONS AND GRANT CONDITIONS.—In

8 this section the definitions and grant conditions in section

9 40002 of the Violence Against Women Act of 1994 shall

10 apply.’’.

11 (2) OUTREACH TO UNDERSERVED POPU12 LATIONS.—Section 120 of the Violence Against

13 Women and Department of Justice Reauthorization

14 Act of 2005 (Public Law 109–162) is amended by

15 adding at the end the following:

16 ‘‘(i) DEFINITIONS AND GRANT CONDITIONS.—In this

17 section the definitions and grant conditions in section

18 40002 of the Violence Against Women Act of 1994 shall

19 apply.’’.

20 (3) CULTURAL SERVICES.—Section 121 of the

21 Violence Against Women and Department of Justice

22 Reauthorization Act of 2005 (Public Law 109–162)

23 is amended by adding at the end the following:

24 ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.—In

25 this section the definitions and grant conditions in section
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1 40002 of the Violence Against Women Act of 1994 shall

2 apply.’’.

3 (d) CORRECT DEFINITION OF SEXUAL ASSAULT.—

4 Section 40002(a)(23) of the Violence Against Women Act

5 of 1994, as added by section 3 of the Violence Against

6 Women and Department of Justice Reauthorization Act

7 of 2005 (Public Law 109–162), is amended by striking

8 ‘‘prescribed’’ and inserting ‘‘proscribed’’.

9 (e) TRIBAL DEFINITIONS.—Section 40002(a) of the

10 Violence Against Women Act of 1994, as added by section

11 3 of the Violence Against Women and Department of Jus12 tice Reauthorization Act of 2005 (Public Law 109–162),

13 is amended—

14 (1) in paragraph (1), by striking ‘‘Alaskan’’

15 and inserting ‘‘Alaska Native’’;

16 (2) by redesignating paragraphs (31) through

17 (36) as paragraphs (32) through (37), respectively;

18 and

19 (3) by adding after paragraph (30) the fol20 lowing:

21 ‘‘(31) TRIBAL NONPROFIT ORGANIZATION.—

22 The term ‘tribal nonprofit organization’ means—

23 ‘‘(A) a victim services provider that has as

24 its primary purpose to assist Native victims of
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1 domestic violence, dating violence, sexual as2 sault, or stalking; and

3 ‘‘(B) staff and leadership of the organiza4 tion must include persons with a demonstrated

5 history of assisting American Indian or Alaska

6 Native victims of domestic violence, dating vio7 lence, sexual assault, or stalking.’’.

8 (f) CLARIFY MATCHING PROVISION IN THE UNI9 VERSAL GRANT CONDITION.—Section 40002(b) of the Vi10 olence Against Women Act of 1994, as added by section

11 3 of the Violence Against Women and Department of Jus12 tice Reauthorization Act of 2005 (Public Law 109–162),

13 is amended by striking paragraph (1) and inserting the

14 following:

15 ‘‘(1) MATCH.—No matching funds shall be re16 quired for any grant or subgrant made under this

17 Act for—

18 ‘‘(A) any tribe, territory, or victim service

19 provider; or

20 ‘‘(B) any other entity, including a State,

21 that—

22 ‘‘(i) petitions for a waiver of any

23 match condition imposed by the Attorney

24 General or the Secretaries of Health and
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1 Human Services or Housing and Urban

2 Development; and

3 ‘‘(ii) whose petition for waiver is de4 termined by the Attorney General or the

5 Secretaries of Health and Human Services

6 or Housing and Urban Development to

7 have adequately demonstrated the financial

8 need of the petitioning entity.’’.

9 SEC. 2. TITLE I-LAW ENFORCEMENT TOOLS.

10 (a) DUPLICATE PROVISION.—Title I of the Violence

11 Against Women Act of 2005 (Public Law 109–162) is

12 amended by striking section 108.

13 (b) AUTHORIZATION PERIOD.—Section 1167 of the

14 Violence Against Women Act of 2005 is amended by strik15 ing ‘‘2006 through 2010’’ and inserting ‘‘2007 through

16 2011’’.

17 (c) DEFINITION OF SPOUSE OF INTIMATE PART18 NER.—Section 2266(7)(A) of title 18, United States Code,

19 is amended by striking clause (ii) and inserting the fol20 lowing:

21 ‘‘(ii) section 2261A—

22 ‘‘(I) a spouse or former spouse of

23 the target of the stalking, a person

24 who shares a child in common with

25 the target of the stalking, and a per-
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1 son who cohabits or has cohabited as

2 a spouse with the target of the stalk3 ing; or

4 ‘‘(II) a person who is or has been

5 in a social relationship of a romantic

6 or intimate nature with the target of

7 the stalking, as determined by the

8 length of the relationship, the type of

9 the relationship, and the frequency of

10 interaction between the persons in11 volved in the relationship.’’.

12 (d) STRIKE REPEATED SECTIONS.—The Violence

13 Against Women and Department of Justice Reauthoriza14 tion Act of 2005 is amended by striking sections 1134

15 and 1135.

16 (e) CONDITIONS ON TECHNICAL ASSISTANCE.—Sec17 tion 40002(b)(11) of the Violence Against Women Act of

18 1994 is amended by inserting before ‘‘If there’’ the fol19 lowing: ‘‘Of the total amounts appropriated under this

20 title, not less than 3 percent and up to 8 percent, unless

21 otherwise noted, shall be available for providing training

22 and technical assistance relating to the purposes of this

23 title to improve the capacity of the grantees, subgrantees,

24 and other entities.’’.
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1 (f) REMOVE THE TECHNICAL ASSISTANCE PROVI2 SION IN STOP AND GRANTS TO ENCOURAGE ARREST.—

3 The Omnibus Crime Control and Safe Streets Act of 1968

4 is amended—

5 (1) in section 2007, by striking subsection (i),

6 as added by section 101 of the Violence Against

7 Women and Department of Justice Reauthorization

8 Act of 2005; and

9 (2) by striking section 2106, as added by sec10 tion 102 of the Violence Against Women and De11 partment of Justice Reauthorization Act of 2005.

12 (g) CORRECT STOP GRANT ALLOCATION.—Section

13 2007 (b)(2) of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3796gg–1), as amended

15 by section 101 of the Violence Against Women and De16 partment of Justice Reauthorization Act of 2005, is

17 amended by striking ‘‘and the coalitions for combined Ter18 ritories of the United States’’ and inserting ‘‘the coalition

19 for Guam, the coalition for American Samoa, the coalition

20 for the United States Virgin Islands, and the coalition for

21 the Commonwealth of the Northern Mariana Islands.’’.

22 (h) UNDERSERVED POPULATIONS REPORT.—Section

23 120(g) of the Violence Against Women and Department

24 of Justice Reauthorization Act of 2005 is amended by

25 striking ‘‘, every 18 months,’’.
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1 (i) CORRECT DEFINITION OF DATING PARTNER.—

2 Section 2266(10) of title 18, United States Code, as

3 amended by section 116 of the Violence Against Women

4 and Department of Justice Reauthorization Act of 2005,

5 is further amended by striking ‘‘and the existence of such

6 a relationship’’ and inserting ‘‘. The existence of such a

7 relationship is’’.

8 (j) ALTER COMPLIANCE TIME FOR FORENSIC EXAM

9 CERTIFICATION.—Section 2010(d) of the Omnibus Crime

10 Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

11 4(d)) as added by section 101 of the Violence Against

12 Women and Department of Justice Reauthorization Act

13 of 2005, is amended by—

14 (1) striking ‘‘Nothing’’ and inserting ‘‘(1) IN

15 GENERAL.—’’; and

16 (2) inserting at the end the following:

17 ‘‘(2) COMPLIANCE PERIOD.—States, territories,

18 and Indian tribal governments shall have 3 years

19 from the date of enactment of the Violence Against

20 Women and Department of Justice Reauthorization

21 Act of 2005 to come into compliance with this sub22 section.’’.

23 (k) CORRECT UNDERSERVED POPULATIONS GRANT

24 PROGRAM.—Section 121 of the Violence Against Women
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1 and Department of Justice Reauthorization Act of 2005

2 (Public Law 109–162) is amended—

3 (1) in subsection (a)(1), by inserting at the end

4 the following : ‘‘The requirements of the grant pro5 grams identified in paragraph (2) shall not apply to

6 this new grant program.’’; and

7 (2) in subsection (b)(2) by striking the period

8 and inserting ‘‘, including—

9 ‘‘(A) working with State and local govern10 ments and social service agencies to develop and

11 enhance effective strategies to provide culturally

12 and linguistically specific services to victims of

13 domestic violence, dating violence, sexual as14 sault, and stalking;

15 ‘‘(B) increasing communities’ capacity to

16 provide culturally and linguistically specific re17 sources and support for victims of domestic vio18 lence, dating violence, sexual assault, and stalk19 ing crimes and their families;

20 ‘‘(C) strengthening criminal justice inter21 ventions, by providing training for law enforce22 ment, prosecution, courts, probation, and cor23 rectional facilities on culturally and linguis24 tically specific responses to domestic violence,

25 dating violence, sexual assault, and stalking;
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1 ‘‘(D) enhancing traditional services to vic2 tims of domestic violence, dating violence, sex3 ual assault, and stalking through the leadership

4 of culturally and linguistically specific programs

5 offering services to victims of domestic violence,

6 dating violence, sexual assault, and stalking;

7 ‘‘(E) working in cooperation with the com8 munity to develop education and prevention

9 strategies highlighting culturally and linguis10 tically specific issues and resources regarding

11 victims of domestic violence, dating violence,

12 sexual assault, and stalking;

13 ‘‘(F) providing culturally and linguistically

14 specific programs for children exposed to do15 mestic violence, dating violence, sexual assault,

16 and stalking;

17 ‘‘(G) providing culturally and linguistically

18 specific resources and services that address the

19 safety, economic, housing, and workplace needs

20 of victims of domestic violence, dating violence,

21 sexual assault, or stalking, including emergency

22 assistance; or

23 ‘‘(H) examining the dynamics of culture

24 and its impact on victimization and healing.’’.
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1 (l) FIX ALLOCATION ISSUE IN STOP GRANTS.—Sub2 paragraphs (A) and (B) of section 2007(c)(3) of title I

3 of the Omnibus Crime Control and Safe Streets Act of

4 1968 (42 U.S.C. 3796gg–1(c)(3) (A) and (B)) are amend5 ed to read as follows:

6 ‘‘(A) not less than 25 percent shall be allo7 cated for law enforcement and not less than 25

8 percent shall be allocated for prosecutors;

9 ‘‘(B) not less than 30 percent shall be allo10 cated for victims services of which at least 10

11 percent shall be distributed to culturally specific

12 community-based organizations; and’’.

13 (m) CORRECT GAO STUDY.—Section 119(a) of the

14 Violence Against Women and Department of Justice Re15 authorization Act of 2005 (Public Law 109–162) is

16 amended by striking ‘‘of domestic violence.’’ and inserting

17 ‘‘of these respective crimes.’’

18 (n) PROTECTION ORDER CORRECTION.—Section

19 106(c) of the Violence Against Women and Department

20 of Justice Reauthorization Act of 2005 (Public Law 109–

21 162) is amended by striking ‘‘the registration or filing of

22 a protection order’’ and inserting ‘‘the registration, filing

23 of a petition for, or issuance of a protection order, re24 straining order or injunction’’
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1 SEC. 3. TITLE II-IMPROVED SERVICES.

2 (a) SEXUAL ASSAULT SERVICES INTO VAWA.—Sec3 tion 202 of the Violence Against Women and Department

4 of Justice Reauthorization Act of 2005 (Public Law 109–

5 162) is repealed.

6 (b) SEXUAL ASSAULT SERVICES PROGRAM.—The Vi7 olence Against Women Act of 1994 (Public Law 103–322)

8 is amended by adding at the end the following:

9 ‘‘Subtitle P—Sexual Assault

10 Services

11 ‘‘SEC. 41601. SEXUAL ASSAULT SERVICES PROGRAM.

12 ‘‘(a) PURPOSES.—The purposes of this section are—

13 ‘‘(1) to assist States, Indian tribes, and terri14 tories in providing intervention, advocacy, accom15 paniment, support services, and related assistance

16 for—

17 ‘‘(A) adult, youth, and child victims of sex18 ual assault;

19 ‘‘(B) family and household members of

20 such victims; and

21 ‘‘(C) those collaterally affected by the vic22 timization, except for the perpetrator of such

23 victimization; and

24 ‘‘(2) to provide for technical assistance and

25 training relating to sexual assault to—
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1 ‘‘(A) Federal, State, tribal, territorial and

2 local governments, law enforcement agencies,

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
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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.

6 ‘‘(C) INTERVENTION AND RELATED AS7 SISTANCE.—Intervention and related assistance

8 under subparagraph (B) may include—

9 ‘‘(i) 24-hour hotline services providing

10 crisis intervention services and referral;

11 ‘‘(ii) accompaniment and advocacy

12 through medical, criminal justice, and so13 cial support systems, including medical fa14 cilities, police, and court proceedings;

15 ‘‘(iii) crisis intervention, short-term

16 individual and group support services, and

17 comprehensive service coordination and su18 pervision to assist sexual assault victims

19 and family or household members;

20 ‘‘(iv) information and referral to as21 sist the sexual assault victim and family or

22 household members;

23 ‘‘(v) community-based, linguistically

24 and culturally specific services and support
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1 mechanisms, including outreach activities

2 for underserved communities; and

3 ‘‘(vi) the development and distribution

4 of materials on issues related to the serv5 ices described in clauses (i) through (v).

6 ‘‘(3) APPLICATION.—

7 ‘‘(A) IN GENERAL.—Each eligible entity

8 desiring a grant under this subsection shall

9 submit an application to the Attorney General

10 at such time and in such manner as the Attor11 ney General may reasonably require.

12 ‘‘(B) CONTENTS.—Each application sub13 mitted under subparagraph (A) shall—

14 ‘‘(i) set forth procedures designed to

15 ensure meaningful involvement of the State

16 or territorial sexual assault coalition and

17 representatives from underserved commu18 nities in the development of the application

19 and the implementation of the plans;

20 ‘‘(ii) set forth procedures designed to

21 ensure an equitable distribution of grants

22 and grant funds within the State or terri23 tory and between urban and rural areas

24 within such State or territory;
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1 ‘‘(iii) identify the State or territorial

2 agency that is responsible for the adminis3 tration of programs and activities; and

4 ‘‘(iv) meet other such requirements as

5 the Attorney General reasonably deter6 mines are necessary to carry out the pur7 poses and provisions of this section.

8 ‘‘(4) MINIMUM AMOUNT.—The Attorney Gen9 eral shall allocate to each State not less than 1.50

10 percent of the total amount appropriated in a fiscal

11 year for grants under this section, except that the

12 United States Virgin Islands, American Samoa,

13 Guam, the District of Columbia, Puerto Rico, and

14 the Commonwealth of the Northern Mariana Islands

15 shall each be allocated 0.125 percent of the total ap16 propriations. The remaining funds shall be allotted

17 to each State and each territory in an amount that

18 bears the same ratio to such remaining funds as the

19 population of such State and such territory bears to

20 the population of all the States and the territories.

21 The District of Columbia shall be treated as a terri22 tory for purposes of calculating its allocation under

23 the preceding formula.

24 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

25 ADDRESSING SEXUAL ASSAULT.—
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1 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

2 General shall award grants to eligible entities to

3 support the establishment, maintenance, and expan4 sion of culturally specific intervention and related

5 assistance for victims of sexual assault.

6 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re7 ceive a grant under this section, an entity shall—

8 ‘‘(A) be a private nonprofit organization

9 that focuses primarily on culturally specific

10 communities;

11 ‘‘(B) must have documented organizational

12 experience in the area of sexual assault inter13 vention or have entered into a partnership with

14 an organization having such expertise;

15 ‘‘(C) have expertise in the development of

16 community-based, linguistically and culturally

17 specific outreach and intervention services rel18 evant for the specific communities to whom as19 sistance would be provided or have the capacity

20 to link to existing services in the community

21 tailored to the needs of culturally specific popu22 lations; and

23 ‘‘(D) have an advisory board or steering

24 committee and staffing which is reflective of the

25 targeted culturally specific community.
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1 ‘‘(3) AWARD BASIS.—The Attorney General

2 shall award grants under this section on a competi3 tive basis.

4 ‘‘(4) DISTRIBUTION.—

5 ‘‘(A) The Attorney General shall not use

6 more than 2.5 percent of funds appropriated

7 under this subsection in any year for adminis8 tration, monitoring, and evaluation of grants

9 made available under this subsection.

10 ‘‘(B) Up to 5 percent of funds appro11 priated under this subsection in any year shall

12 be available for technical assistance by a na13 tional, nonprofit, nongovernmental organization

14 or organizations whose primary focus and ex15 pertise is in addressing sexual assault within

16 underserved culturally specific populations.

17 ‘‘(5) TERM.—The Attorney General shall make

18 grants under this section for a period of no less than

19 2 fiscal years.

20 ‘‘(6) REPORTING.—Each entity receiving a

21 grant under this subsection shall submit a report to

22 the Attorney General that describes the activities

23 carried out with such grant funds.

24 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

25 SEXUAL ASSAULT COALITIONS.—
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1 ‘‘(1) GRANTS AUTHORIZED.—

2 ‘‘(A) IN GENERAL.—The Attorney General

3 shall award grants to State, territorial, and

4 tribal sexual assault coalitions to assist in sup5 porting the establishment, maintenance, and ex6 pansion of such coalitions.

7 ‘‘(B) MINIMUM AMOUNT.—Not less than

8 10 percent of the total amount appropriated to

9 carry out this section shall be used for grants

10 under subparagraph (A).

11 ‘‘(C) ELIGIBLE APPLICANTS.—Each of the

12 State, territorial, and tribal sexual assault coali13 tions.

14 ‘‘(2) USE OF FUNDS.—Grant funds received

15 under this subsection may be used to—

16 ‘‘(A) work with local sexual assault pro17 grams and other providers of direct services to

18 encourage appropriate responses to sexual as19 sault within the State, territory, or tribe;

20 ‘‘(B) work with judicial and law enforce21 ment agencies to encourage appropriate re22 sponses to sexual assault cases;

23 ‘‘(C) work with courts, child protective

24 services agencies, and children’s advocates to

25 develop appropriate responses to child custody
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1 and visitation issues when sexual assault has

2 been determined to be a factor;

3 ‘‘(D) design and conduct public education

4 campaigns;

5 ‘‘(E) plan and monitor the distribution of

6 grants and grant funds to their State, territory,

7 or tribe; or

8 ‘‘(F) collaborate with and inform Federal,

9 State, or local public officials and agencies to

10 develop and implement policies to reduce or

11 eliminate sexual assault.

12 ‘‘(3) ALLOCATION AND USE OF FUNDS.—From

13 amounts appropriated for grants under this sub14 section for each fiscal year—

15 ‘‘(A) not less than 10 percent of the funds

16 shall be available for grants to tribal sexual as17 sault coalitions; and

18 ‘‘(B) the remaining funds shall be available

19 for grants to State and territorial coalitions,

20 and the Attorney General shall allocate an

amount equal to 1 21 ⁄56 of the amounts so appro22 priated to each of those State and territorial

23 coalitions.

24 ‘‘(4) APPLICATION.—Each eligible entity desir25 ing a grant under this subsection shall submit an
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1 application to the Attorney General at such time, in

2 such manner, and containing such information as

3 the Attorney General determines to be essential to

4 carry out the purposes of this section.

5 ‘‘(5) FIRST-TIME APPLICANTS.—No entity shall

6 be prohibited from submitting an application under

7 this subsection during any fiscal year for which

8 funds are available under this subsection because

9 such entity has not previously applied or received

10 funding under this subsection.

11 ‘‘(e) GRANTS TO TRIBES.—

12 ‘‘(1) GRANTS AUTHORIZED.—The Attorney

13 General may award grants to Indian tribes, tribal

14 organizations, and nonprofit tribal organizations for

15 the operation of sexual assault programs or projects

16 in Indian tribal lands and Alaska Native villages to

17 support the establishment, maintenance, and expan18 sion of programs and projects to assist those victim19 ized by sexual assault.

20 ‘‘(2) ALLOCATION AND USE OF FUNDS.—

21 ‘‘(A) ADMINISTRATIVE COSTS.—Not more

22 than 5 percent of the grant funds received by

23 an Indian tribe, tribal organization, and non24 profit tribal organization under this subsection
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1 for any fiscal year may be used for administra2 tive costs.

3 ‘‘(B) GRANT FUNDS.—Any funds received

4 under this subsection that are not used for ad5 ministrative costs shall be used to provide

6 grants to tribal organizations and nonprofit

7 tribal organizations for programs and activities

8 within Indian country and Alaskan native vil9 lages that provide direct intervention and re10 lated assistance.

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated $50,000,000 to remain available until

14 expended for each of the fiscal years 2007 through

15 2011 to carry out the provisions of this section.

16 ‘‘(2) ALLOCATIONS.—Of the total amounts ap17 propriated for each fiscal year to carry out this

18 section—

19 ‘‘(A) not more than 2.5 percent shall be

20 used by the Attorney General for evaluation,

21 monitoring, and other administrative costs

22 under this section;

23 ‘‘(B) not more than 2.5 percent shall be

24 used for the provision of technical assistance to

25 grantees and subgrantees under this section;
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1 ‘‘(C) not less than 65 percent shall be used

2 for grants to States and territories under sub3 section (b);

4 ‘‘(D) not less than 10 percent shall be used

5 for making grants to State, territorial, and trib6 al sexual assault coalitions under subsection

7 (d);

8 ‘‘(E) not less than 10 percent shall be used

9 for grants to tribes under subsection (e); and

10 ‘‘(F) not less than 10 percent shall be used

11 for grants for culturally specific programs ad12 dressing sexual assault under subsection (c).’’.

13 SEC. 4. TITLE III-YOUNG VICTIMS.

14 (a) CORRECT CITATION IN SECTION 41204.—Section

15 41204(f)(2) of the Violence Against Women Act of 1994

16 (42 U.S.C. 14043c–3) is amended by striking ‘‘(b)(4)(D)’’

17 and inserting ‘‘(b)(4)’’.

18 (b) CORRECT CAMPUS GRANT PROGRAM’S PURPOSE

19 AREAS.—Section 304(b)(2) of the Violence Against

20 Women and Department of Justice Reauthorization Act

21 of 2005 (Public Law 109–162) is amended by striking the

22 first sentence and inserting ‘‘To develop and implement

23 campus policies, protocols, and services that more effec24 tively identify and respond to the crimes of domestic vio25 lence, dating violence, sexual assault and stalking, and to
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1 train campus administrators, campus security personnel,

2 and personnel serving on campus disciplinary or judicial

3 boards on such policies, protocols, and services.’’.

4 (c) CORRECTION.—In section 758(c)(1)(A) of the

5 Public Health Services Act (42 U.S.C. 294h(c)(1)(A)), in6 sert ‘‘experiencing’’ after ‘‘to individuals who are’’ and be7 fore ‘‘or who have experienced’’.

8 (d) CAMPUS REPORTING REQUIREMENT.—Section

9 304(d)(2)(A) of the Violence Against Women and Depart10 ment of Justice Reauthorization Act of 2005 is amended

11 by striking ‘‘biennial’’.

12 SEC. 5. TILE VI—HOUSING AMENDMENTS.

13 (a) AMENDMENTS TO COLLABORATIVE GRANT PRO14 GRAM.—Section 41404 of the Violence Against Women

15 Act of 1994 (as added by Public Law 109–162; 119 Stat.

16 3033) is amended—

17 (1) in subsection (a)(1) by striking ‘‘of Chil18 dren’’ and inserting ‘‘for Children’’; and

19 (2) in subsection (d)—

20 (A) in paragraph (1)—

21 (i) in the heading, by striking ‘‘(1) IN

22 GENERAL.—’’; and

23 (ii) by adding at the end ‘‘Such activi24 ties, services, or programs—’’;
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1 (B) in paragraph (2), by striking ‘‘(2) AC2 TIVITIES, SERVICES, PROGRAMS.—Such activi3 ties, services, or programs described in para4 graph (1)’’ and inserting ‘‘(1)’’;

5 (C) by redesignating paragraphs (3)

6 through (5) as paragraphs (2) through (4), re7 spectively; and

8 (D) in paragraph (3), as so redesignated,

9 by striking ‘‘paragraph (3)’’ and inserting

10 ‘‘paragraph (2)’’.

11 (b) TECHNICAL AMENDMENTS TO STEWART B.

12 MCKINNEY HOMELESS ASSISTANCE ACT.—Section

13 423(a)(8) of the Stewart B. McKinney Homeless Assist14 ance Act (42 U.S.C. 11383(a)(8)) is amended—

15 (1) in the first sentence of subparagraph (A),

16 by striking ‘‘subsection’’ and inserting ‘‘section’’;

17 and

18 (2) in subparagraph (B)(ii), by striking ‘‘or

19 ‘victim service providers’ ’’.

20 (c) TECHNICAL AMENDMENT TO VIOLENCE AGAINST

21 WOMEN ACT OF 2005.—Section 606 of the Violence

22 Against Women Act of 2005 (Public Law 104–162; 119

23 Stat. 3041) is amended in the heading by striking

24 ‘‘VOUCHER’’.
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1 (d) SELECTION OF TENANTS.—Section 8(d)(1)(A) of

2 the United States Housing Act of 1937 (42 U.S.C.

3 1437f(d)(1)(A)) is amended to read as follows:

4 ‘‘(A) the selection of tenants shall be the

5 function of the owner, subject to the annual

6 contributions contract between the Secretary

7 and the agency, except that with respect to the

8 certificate and moderate rehabilitation pro9 grams only, for the purpose of selecting families

10 to be assisted, the public housing agency may

11 establish local preferences, consistent with the

12 public housing agency plan submitted under

13 section 5A (42 U.S.C. 1437c–1) by the public

14 housing agency and that an applicant or partic15 ipant is or has been a victim of domestic vio16 lence, dating violence, or stalking is not an ap17 propriate basis for denial of program assistance

18 or for denial of admission if the applicant oth19 erwise qualifies for assistance or admission;’’.

20 (e) TECHNICAL AMENDMENTS TO HOUSING ASSIST21 ANCE PROGRAM.—Section 8 of the United States Housing

22 Act of 1937 (42 U.S.C. 1437f) is amended—

23 (1) in subsection (c)(9)(C), by striking clause

24 (ii) and inserting the following:
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28

S 3693 ES

1 ‘‘(ii) Notwithstanding clause (i) or any Federal,

2 State, or local law to the contrary, an owner or manager

3 may bifurcate a lease under this section, or remove a

4 household member from a lease under this section, without

5 regard to whether a household member is a signatory to

6 a lease, in order to evict, remove, terminate occupancy

7 rights, or terminate assistance to any individual who is

8 a tenant or lawful occupant and who engages in criminal

9 acts of physical violence against family members or others,

10 without evicting, removing, terminating assistance to, or

11 otherwise penalizing the victim of such violence who is also

12 a tenant or lawful occupant. Such eviction, removal, termi13 nation of occupancy rights, or termination of assistance

14 shall be effected in accordance with the procedures pre15 scribed by Federal, State, and local law for the termi16 nation of leases or assistance under the relevant program

17 of HUD-assisted housing.’’;

18 (2) in subsection (d)(1)(B)(iii), by striking sub19 clause (II) and inserting the following:

20 ‘‘(II) Notwithstanding subclause (I) or any Federal,

21 State, or local law to the contrary, a public housing agency

22 may terminate assistance to, or an owner or manager may

23 bifurcate a lease under this section, or remove a household

24 member from a lease under this section, without regard

25 to whether a household member is a signatory to a lease,
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S 3693 ES

1 in order to evict, remove, terminate occupancy rights, or

2 terminate assistance to any individual who is a tenant or

3 lawful occupant and who engages in criminal acts of phys4 ical violence against family members or others, without

5 evicting, removing, terminating assistance to, or otherwise

6 penalizing the victim of such violence who is also a tenant

7 or lawful occupant. Such eviction, removal, termination of

8 occupancy rights, or termination of assistance shall be ef9 fected in accordance with the procedures prescribed by

10 Federal, State, and local law for the termination of leases

11 or assistance under the relevant program of HUD-assisted

12 housing.’’;

13 (3) in subsection (f)—

14 (A) in paragraph (9), by striking ‘‘; and’’

15 and inserting a semicolon;

16 (B) in paragraph (10)(A)(i), by striking ‘‘;

17 and’’ and inserting ‘‘; or’’; and

18 (C) in paragraph (11)(B), by striking

19 ‘‘blood and marriage’’ and inserting ‘‘blood or

20 marriage’’;

21 (4) in subsection (o)—

22 (A) in the second sentence of paragraph

23 (6)(B)—

24 (i) by striking ‘‘by’’ after ‘‘denial of

25 program assistance’’;
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30

S 3693 ES

1 (ii) by striking ‘‘for admission for’’

2 and inserting ‘‘for admission or’’; and

3 (iii) by striking ‘‘admission, and that

4 nothing’’ and inserting ‘‘admission. Noth5 ing’’;

6 (B) in paragraph (7)(D)—

7 (i) by striking clause (ii) and inserting

8 the following:

9 ‘‘(ii) LIMITATION.—Notwithstanding

10 clause (i) or any Federal, State, or local

11 law to the contrary, a public housing agen12 cy may terminate assistance to, or an

13 owner or manager may bifurcate a lease

14 under this section, or remove a household

15 member from a lease under this section,

16 without regard to whether a household

17 member is a signatory to a lease, in order

18 to evict, remove, terminate occupancy

19 rights, or terminate assistance to any indi20 vidual who is a tenant or lawful occupant

21 and who engages in criminal acts of phys22 ical violence against family members or

23 others, without evicting, removing, termi24 nating assistance to, or otherwise penal25 izing the victim of such violence who is
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S 3693 ES

1 also a tenant or lawful occupant. Such

2 eviction, removal, termination of occupancy

3 rights, or termination of assistance shall be

4 effected in accordance with the procedures

5 prescribed by Federal, State, and local law

6 for the termination of leases or assistance

7 under the relevant program of HUD-as8 sisted housing.’’;

9 (ii) in clause (iii), by striking ‘‘access

10 to control’’ and inserting ‘‘access or con11 trol’’; and

12 (iii) in clause (v), by striking ‘‘termi13 nate,’’ and inserting ‘‘terminate’’; and

14 (C) in paragraph (20)(D)(ii), by striking

15 ‘‘distribution’’ and inserting ‘‘distribution or’’;

16 and

17 (5) in subsection (ee)(1)—

18 (A) in subparagraph (A), by striking ‘‘the

19 owner, manager, or public housing agency re20 quests such certification’’ and inserting ‘‘the in21 dividual receives a request for such certification

22 from the owner, manager, or public housing

23 agency’’;

24 (B) in subparagraph (B)—
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S 3693 ES

1 (i) by striking ‘‘the owner, manager,

2 public housing agency, or assisted housing

3 provider has requested such certification in

4 writing’’ and inserting ‘‘the individual has

5 received a request in writing for such cer6 tification for the owner, manager, or public

7 housing agency’’;

8 (ii) by striking ‘‘manager, public hous9 ing’’ and inserting ‘‘manager or public

10 housing’’ each place that term appears;

11 and

12 (iii) by striking ‘‘, or assisted housing

13 provider’’ each place that term appears;

14 (C) in subparagraph (C), by striking ‘‘sex15 ual assault,’’;

16 (D) in subparagraph (D), by striking ‘‘sex17 ual assault,’’; and

18 (E) in subparagraph (E)—

19 (i) by striking ‘‘manager, public hous20 ing’’ and inserting ‘‘manager or public

21 housing’’ each place that term appears;

22 and

23 (ii) by striking ‘‘, or assisted housing

24 provider’’ each place that term appears.
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S 3693 ES

1 (f) TECHNICAL AMENDMENT TO SECTION 6 OF

2 UNITED STATES HOUSING ACT OF 1937.—Section 6 of

3 the United States Housing Act of 1937 (42 U.S.C. 1437d)

4 is amended—

5 (1) in subsection (l)(6), by striking subpara6 graph (B) and inserting the following: ‘‘(B) notwith7 standing subparagraph (A) or any Federal, State, or

8 local law to the contrary, a public housing agency

9 may bifurcate a lease under this section, or remove

10 a household member from a lease under this section,

11 without regard to whether a household member is a

12 signatory to a lease, in order to evict, remove, termi13 nate occupancy rights, or terminate assistance to

14 any individual who is a tenant or lawful occupant

15 and who engages in criminal acts of physical violence

16 against family members or others, without evicting,

17 removing, terminating assistance to, or otherwise pe18 nalizing the victim of such violence who is also a

19 tenant or lawful occupant and such eviction, re20 moval, termination of occupancy rights, or termi21 nation of assistance shall be effected in accordance

22 with the procedures prescribed by Federal, State,

23 and local law for the termination of leases or assist24 ance under the relevant program of HUD-assisted

25 housing;’’; and
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S 3693 ES

1 (2) in subsection (u)—

2 (A) in paragraph (1)(A), by striking ‘‘the

3 public housing agency requests such certifi4 cation’’ and inserting ‘‘the individual receives a

5 request for such certification from the public

6 housing agency’’;

7 (B) in paragraph (1)(B), by striking ‘‘the

8 public housing agency has requested such cer9 tification in writing’’ and inserting ‘‘the indi10 vidual has received a request in writing for such

11 certification from the public housing agency’’;

12 and

13 (C) in paragraph (3)(D)(ii), by striking

14 ‘‘blood and marriage’’ and inserting ‘‘blood or

15 marriage’’.

16 SEC. 6. TITLE VIII—IMMIGRATION AND NATIONALITY ACT.

17 (a) PETITIONS FOR IMMIGRANT STATUS.—Section

18 204(a)(1)(D)(v) of the Immigration and Nationality Act

19 (8 U.S.C. 1154(a)(1)(D)(v)) is amended by inserting ‘‘or

20 (B)(iii)’’ after ‘‘(A)(iv)’’.

21 (b) INADMISSIBLE ALIENS.—Section 212 of such Act

22 (8 U.S.C. 1182) is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (4)(C)(i)—
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S 3693 ES

1 (i) in subclause (II), by striking ‘‘, or’’

2 at the end and inserting a semicolon; and

3 (ii) by adding at the end the fol4 lowing:

5 ‘‘(III) classification or status as a

6 VAWA self-petitioner; or’’;

7 (B) in paragraph (6)(A)(ii), by amending

8 subclause (I) to read as follows:

9 ‘‘(I) the alien is a VAWA self-pe10 titioner;’’; and

11 (C) in paragraph (9)(C)(ii), by striking

12 ‘‘the Attorney General has consented’’ and all

13 that follows through ‘‘United States.’’ and in14 serting the following: ‘‘the Secretary of Home15 land Security has consented to the alien’s re16 applying for admission.

17 ‘‘(iii) WAIVER.—The Secretary of

18 Homeland Security may waive the applica19 tion of clause (i) in the case of an alien

20 who is a VAWA self-petitioner if there is

21 a connection between—

22 ‘‘(I) the alien’s battering or sub23 jection to extreme cruelty; and

24 ‘‘(II) the alien’s removal, depar25 ture from the United States, reentry
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S 3693 ES

1 into the United States; or attempted

2 reentry into the United States.’’;

3 (2) in subsection (g)(1), by amending subpara4 graph (C) to read as follows:

5 ‘‘(C) is a VAWA self-petitioner,’’;

6 (3) in subsection (h)(1), by amending subpara7 graph (C) to read as follows:

8 ‘‘(C) the alien is a VAWA self-petitioner;

9 and’’; and

10 (4) in subsection (i)(1), by striking ‘‘an alien

11 granted classification under clause (iii) or (iv) of sec12 tion 204(a)(1)(A) or clause (ii) or (iii) of section

13 204(a)(1)(B)’’ and inserting ‘‘a VAWA self-peti14 tioner’’.

15 (c) DEPORTABLE ALIENS.—Section 237(a)(1)(H)(ii)

16 of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended to

17 read as follows:

18 ‘‘(ii) is a VAWA self-petitioner.’’.

19 (d) REMOVAL.—Section 239(e)(2)(B) of such Act (8

20 U.S.C. 1229(e)(2)(B)) is amended by striking ‘‘(V)’’ and

21 inserting ‘‘(U)’’.

22 (e) CANCELLATION OF REMOVAL.—Section

23 240A(b)(4)(B) of such Act (8 U.S.C. 1229b(b)(4)(B)) is

24 amended by striking ‘‘they were applications filed under

25 section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for
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37

S 3693 ES

1 purposes of section 245 (a) and (c).’’ and inserting ‘‘the

2 applicants were VAWA self-petitioners.’’.

3 (f) ADJUSTMENT OF STATUS.—Section 245 of such

4 Act (8 U.S.C. 1255) is amended—

5 (1) in subsection (a), by striking ‘‘under sub6 paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of sec7 tion 204(a)(1) or’’ and inserting ‘‘as a VAWA self8 petitioner’’; and

9 (2) in subsection (c), by striking ‘‘under sub10 paragraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),

11 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert12 ing ‘‘as a VAWA self-petitioner’’.

13 (g) IMMIGRATION OFFICERS.—Section 287 of such

14 Act (8 U.S.C. 1357) is amended by redesignating sub15 section (i) as subsection (h).

16 (h) PENALTIES FOR DISCLOSURE OF INFORMA17 TION.—Section 384(a)(2) of the Illegal Immigration Re18 form and Immigrant Responsibility Act of 1996 (8 U.S.C.

19 1367(a)(2)) is amended by striking ‘‘clause (iii) or (iv)’’

20 and all that follows and inserting ‘‘paragraph (15)(T),

21 (15)(U), or (51) of section 101(a) of the Immigration and

22 Nationality Act or section 240A(b)(2) of such Act.’’.

23 SEC. 7. TITLE IX—INDIAN WOMEN.

24 (a) OMNIBUS CRIME CONTROL AND SAFE

25 STREETS.—
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S 3693 ES

1 (1) GRANTS TO COMBAT VIOLENT CRIMES

2 AGAINST WOMEN.—Part T of the Omnibus Crime

3 Control and Safe Streets Act of 1968 is amended—

4 (A) by redesignating the second section

5 2007 (42 U.S.C. 3796gg–10) (relating to

6 grants to Indian tribal governments), as added

7 by section 906 of the Violence Against Women

8 and Department of Justice Reauthorization Act

9 of 2005, as section 2015;

10 (B) by redesignating the second section

11 2008 (42 U.S.C. 3796gg–11) (relating to a

12 tribal deputy), as added by section 907 of the

13 Violence Against Women and Department of

14 Justice Reauthorization Act of 2005, as section

15 2016; and

16 (C) by moving those sections so as to ap17 pear at the end of the part.

18 (2) STATE GRANT AMOUNTS.—Section 2007(b)

19 of the Omnibus Crime Control and Safe Streets Act

20 of 1968 (42 U.S.C. 3796gg–1(b)), as amended by

21 section 906(b) of the Violence Against Women and

22 Department of Justice Reauthorization Act of 2005,

23 is amended by striking paragraph (1) and inserting

24 the following:
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S 3693 ES

1 ‘‘(1) 10 percent shall be available for grants

2 under the program authorized by section 2015,

3 which shall not otherwise be subject to the require4 ments of this part (other than section 2008);’’.

5 (3) GRANTS TO INDIAN TRIBAL GOVERN6 MENTS.—Section 2015 of the Omnibus Crime Con7 trol and Safe Streets Act of 1968, as added by sec8 tion 906 of the Violence Against Women and De9 partment of Justice Reauthorization Act of 2005 (as

10 redesignated by paragraph (1)(A)), is amended—

11 (A) in subsection (a)—

12 (i) in the matter preceding paragraph

13 (1), by striking ‘‘and tribal organizations’’

14 and inserting ‘‘or authorized designees of

15 Indian tribal governments’’;

16 (ii) in paragraph (6), by striking

17 ‘‘and’’ at the end;

18 (iii) in paragraph (7), by striking the

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

20 and

21 (iv) by adding at the end the fol22 lowing:

23 ‘‘(8) provide legal assistance necessary to pro24 vide effective aid to victims of domestic violence, dat25 ing violence, stalking, or sexual assault who are
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S 3693 ES

1 seeking relief in legal matters arising as a con2 sequence of that abuse or violence, at minimal or no

3 cost to the victims.’’; and

4 (B) by striking subsection (c).

5 (4) TRIBAL DEPUTY RESPONSIBILITIES.—Sec6 tion 2016(b)(1)(I) of the Omnibus Crime Control

7 and Safe Streets Act of 1968 (as redesignated by

8 paragraph (1)(B)) is amended by inserting after

9 ‘‘technical assistance’’ the following: ‘‘that is devel10 oped and provided by entities having expertise in

11 tribal law, customary practices, and Federal Indian

12 law’’.

13 (5) GRANTS TO ENCOURAGE ARREST POLICIES

14 AND ENFORCEMENT OF PROTECTION ORDERS.—Sec15 tion 2101 of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3796hh) is amended

17 by striking subsection (e) and inserting the fol18 lowing:

19 ‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—

20 ‘‘(1) IN GENERAL.—Not less than 10 percent of

21 the total amount available under this section for

22 each fiscal year shall be available for grants under

23 the program authorized by section 2015.
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S 3693 ES

1 ‘‘(2) APPLICABILITY OF PART.—The require2 ments of this part shall not apply to funds allocated

3 for the program described in paragraph (1).’’.

4 (b) RURAL DOMESTIC VIOLENCE.—

5 (1) IN GENERAL.—Section 40295(d) of the

6 Safe Homes for Women Act of 1994 (42 U.S.C.

7 13971(d)), as amended by section 306 of the Vio8 lence Against Women and Department of Justice

9 Reauthorization Act of 2005, is amended by striking

10 paragraph (1) and inserting the following:

11 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—

12 ‘‘(A) IN GENERAL.—Not less than 10 per13 cent of the total amount available under this

14 section for each fiscal year shall be available for

15 grants under the program authorized by section

16 2015 of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3796gg–10).

18 ‘‘(B) APPLICABILITY OF PART.—The re19 quirements of this section shall not apply to

20 funds allocated for the program described in

21 subparagraph (A).’’.

22 (2) CONFORMING AMENDMENT.—Section 906

23 of the Violence Against Women and Department of

24 Justice Reauthorization Act of 2005 is amended

25 by—
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S 3693 ES

1 (A) striking subsection (d); and

2 (B) redesignating subsections (e) through

3 (g) as subsections (d) through (f), respectively.

4 (c) VIOLENCE AGAINST WOMEN ACT OF 1994.—

5 (1) TRANSITIONAL HOUSING ASSISTANCE.—

6 Section 40299(g) of the Violence Against Women

7 Act of 1994 (42 U.S.C. 13975(g)), as amended by

8 sections 602 and 906 of the Violence Against

9 Women and Department of Justice Reauthorization

10 Act of 2005, is amended—

11 (A) in paragraph (3)(C), by striking clause

12 (i) and inserting the following:

13 ‘‘(i) INDIAN TRIBES.—

14 ‘‘(I) IN GENERAL.—Not less than

15 10 percent of the total amount avail16 able under this section for each fiscal

17 year shall be available for grants

18 under the program authorized by sec19 tion 2015 of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42

21 U.S.C. 3796gg–10).

22 ‘‘(II) APPLICABILITY OF PART.—

23 The requirements of this section shall

24 not apply to funds allocated for the
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S 3693 ES

1 program described in subclause (I).’’;

2 and

3 (B) by striking paragraph (4).

4 (2) COURT TRAINING AND IMPROVEMENTS.—

5 Section 41006 of the Violence Against Women Act

6 of 1994 (42 U.S.C. 14043a–3), as added by section

7 105 of the Violence Against Women and Department

8 of Justice Reauthorization Act of 2005, is amended

9 by striking subsection (c) and inserting the fol10 lowing:

11 ‘‘(c) SET ASIDE.—

12 ‘‘(1) IN GENERAL.—Not less than 10 percent of

13 the total amount available under this section for

14 each fiscal year shall be available for grants under

15 the program authorized by section 2015 of the Om16 nibus Crime Control and Safe Streets Act of 1968

17 (42 U.S.C. 3796gg–10).

18 ‘‘(2) APPLICABILITY OF PART.—The require19 ments of this section shall not apply to funds allo20 cated for the program described in paragraph (1).’’.

21 (d) VIOLENCE AGAINST WOMEN ACT OF 2000.—

22 (1) LEGAL ASSISTANCE FOR VICTIMS.—Section

23 1201(f) of the Violence Against Women Act of 2000

24 (42 U.S.C. 3796gg–6(f)), as amended by sections

25 103 and 906 of the Violence Against Women and
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S 3693 ES

1 Department of Justice Reauthorization Act of 2005,

2 is amended—

3 (A) in paragraph (2)—

4 (i) in subparagraph (A), by striking

5 ‘‘10 percent’’ and inserting ‘‘3 percent’’;

6 (ii) by redesignating subparagraph

7 (B) as subparagraph (C); and

8 (iii) by inserting after subparagraph

9 (A) the following:

10 ‘‘(B) TRIBAL GOVERNMENT PROGRAM.—

11 ‘‘(i) IN GENERAL.—Not less than 7

12 percent of the total amount available under

13 this section for each fiscal year shall be

14 available for grants under the program au15 thorized by section 2015 of the Omnibus

16 Crime Control and Safe Streets Act of

17 1968 (42 U.S.C. 3796gg–10).

18 ‘‘(ii) APPLICABILITY OF PART.—The

19 requirements of this section shall not apply

20 to funds allocated for the program de21 scribed in clause (i).’’; and

22 (B) by striking paragraph (4).

23 (2) SAFE HAVENS FOR CHILDREN.—Section

24 1301 of the Violence Against Women Act of 2000

25 (42 U.S.C. 10420), as amended by sections 906 and
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S 3693 ES

1 306 of the Violence Against Women and Department

2 of Justice Reauthorization Act of 2005, is

3 amended—

4 (A) in subsection (e)(2)—

5 (i) by striking subparagraph (A); and

6 (ii) by redesignating subparagraphs

7 (B) and (C) as subparagraphs (A) and

8 (B), respectively; and

9 (B) by striking subsection (f) and inserting

10 the following:

11 ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.—

12 ‘‘(1) IN GENERAL.—Not less than 10 percent of

13 the total amount available under this section for

14 each fiscal year shall be available for grants under

15 the program authorized by section 2015 of the Om16 nibus Crime Control and Safe Streets Act of 1968

17 (42 U.S.C. 3796gg–10).

18 ‘‘(2) APPLICABILITY OF PART.—The require19 ments of this section shall not apply to funds allo20 cated for the program described in paragraph (1).’’.

21 SEC. 8. TITLE XI—DEPARTMENT OF JUSTICE.

22 (a) ORGANIZED RETAIL THEFT.—Section 1105(a)(3)

23 of the Violence Against Women and Department of Jus24 tice Reauthorization Act of 2005 (28 U.S.C. 509 note)

25 is amended by striking ‘‘The Attorney General through
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S 3693 ES

1 the Bureau of Justice Assistance in the Office of Justice

2 may’’ and inserting ‘‘The Director of the Bureau of Jus3 tice Assistance of the Office of Justice Programs may’’.

4 (b) FORMULAS AND REPORTING.—Sections 1134 and

5 1135 of the Violence Against Women and Department of

6 Justice Reauthorization Act of 2005 (Public Law 109–

7 162; 119 Stat. 3108), and the amendments made by such

8 sections, are repealed.

9 (c) GRANTS FOR YOUNG WITNESS ASSISTANCE.—

10 Section 1136(a) of the Violence Against Women and De11 partment of Justice Reauthorization Act of 2005 (42

12 U.S.C. 3743(a)) is amended by striking ‘‘The Attorney

13 General, acting through the Bureau of Justice Assistance,

14 may’’ and inserting ‘‘The Director of the Bureau of Jus15 tice Assistance of the Office of Justice Programs may’’.

16 (d) USE OF FEDERAL TRAINING FACILITIES.—Sec17 tion 1173 of the Violence Against Women and Department

18 of Justice Reauthorization Act of 2005 (28 U.S.C. 530c

19 note) is amended—

20 (1) in subsection (a), by inserting ‘‘or for

21 meals, lodging, or other expenses related to such in22 ternal training or conference meeting’’ before the pe23 riod; and

24 (2) in subsection (b), by striking ‘‘that requires

25 specific authorization’’ and inserting ‘‘authorized’’.
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1 (e) OFFICE OF AUDIT, ASSESSMENT, AND MANAGE2 MENT.—Part A of title I of the Omnibus Crime Control

3 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

4 is amended by redesignating the section 105 titled ‘‘OF5 FICE OF AUDIT, ASSESSMENT, AND MANAGEMENT’’

6 as section 109 and transferring such section to the end

7 of such part A.

8 (f) COMMUNITY CAPACITY DEVELOPMENT OF9 FICE.—Section 106 of the Omnibus Crime Control and

10 Safe Streets Act of 1968 (42 U.S.C. 3712e) is amended

11 by striking ‘‘section 105(b)’’ each place such term appears

12 and inserting ‘‘section 103(b)’’.

13 (g) AVAILABILITY OF FUNDS.—Section 108(b) of the

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

15 U.S.C. 3712g(b)) is amended by striking ‘‘revert to the

16 Treasury’’ and inserting ‘‘be deobligated’’.

17 (h) DELETION OF DUPLICATIVE REFERENCE TO

18 TRIBAL GOVERNMENTS.—Section 501(b) of the Omnibus

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

20 3751(b) is amended—

21 (1) in paragraph (1), by inserting ‘‘or’’ after

22 the semicolon;

23 (2) in paragraph (2), by striking ‘‘; or’’ and in24 serting a period; and

25 (3) by striking paragraph (3).
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1 (i) APPLICATIONS FOR BYRNE GRANTS.—Section

2 502 of the Omnibus Crime Control and Safe Streets Act

3 of 1968 (42 U.S.C. 3752) is amended in the matter pre4 ceding paragraph (1), by striking ‘‘90 days’’ and inserting

5 ‘‘120 days’’.

6 (j) MATCHING GRANT PROGRAM FOR SCHOOL SECU7 RITY.—Part AA of title I of the Omnibus Crime Control

8 and Safe Streets Act of 1968 (42 U.S.C. 3797a et seq.)

9 is amended—

10 (1) in section 2701(a), by striking ‘‘The Attor11 ney General, acting through the Office of Commu12 nity Oriented Policing Services,’’ and inserting ‘‘The

13 Director of the Office of Community Oriented Polic14 ing Services (in this section referred to as the ‘Di15 rector’)’’; and

16 (2) by striking ‘‘Attorney General’’ each place

17 such term appears and inserting ‘‘Director’’.

18 (k) FUNDING.—Section 1101 of the Violence Against

19 Women and Department of Justice Reauthorization Act

20 of 2005 (Public Law 109–162) is amended—

21 (1) in paragraph (8), by striking

22 ‘‘$800,255,000’’ and inserting ‘‘$809,372,000’’;

23 (2) in paragraph (11), by striking

24 ‘‘$923,613,000’’ and inserting ‘‘$935,817,000’’;
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S 3693 ES

1 (3) in paragraph (12), by striking

2 ‘‘$8,000,000’’ and inserting ‘‘$10,000,000’’; and

3 (4) in paragraph (14), by striking

4 ‘‘$1,270,000’’ and inserting ‘‘$1,303,000’’.

5 (l) DRUG COURTS TECHNICAL ASSISTANCE AND

6 TRAINING.—Section 2957(b) of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3797u–6(b))

8 is amended by striking ‘‘Community Capacity Develop9 ment Office’’ each place such term appears and inserting

10 ‘‘Bureau of Justice Assistance’’.

11 (m) AIMEE’S LAW.—Section 2001(e)(1) of division C

12 of Public Law 106–386 (42 U.S.C. 13713(e)(1)) is

13 amended by striking ‘‘section 506 of the Omnibus Crime

14 Control and Safe Streets Act of 1968’’ and inserting ‘‘sec15 tion 505 of the Omnibus Crime Control and Safe Streets

16 Act of 1968’’.

17 (n) EFFECTIVE DATES.—

18 (1) OFFICE OF WEED AND FEED STRATE19 GIES.—Section 1121(c) of the Violence Against

20 Women and Department of Justice Reauthorization

21 Act of 2005 (42 U.S.C. 3712a note) is amended by

22 striking ‘‘90 days after the date of the enactment of

23 this Act’’ and inserting ‘‘with respect to appropria24 tions for fiscal year 2007 and for each fiscal year

25 thereafter’’.
†

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S 3693 ES

1 (2) SUBSTANCE ABUSE TREATMENT.—

2 (A) IN GENERAL.—Chapter 4 of subtitle B

3 of title XI of the Violence Against Women and

4 Department of Justice Reauthorization Act of

5 2005 (Public Law 109–162; 3110) is amended

6 by adding at the end the following:

7 ‘‘SEC. 1147. EFFECTIVE DATE.

8 ‘‘The amendments made by sections 1144 and 1145

9 shall take effect on October 1, 2006.’’.

10 (B) CONFORMING AMENDMENT.—The

11 table of contents in section 2 of the Violence

12 Against Women and Department of Justice Re13 authorization Act of 2005 (Public Law 106–

14 162; 119 Stat. 2960) is amended by inserting

15 after the item relating to section 1146 the fol16 lowing:

‘‘Sec. 1147. Effective date.’’.

17 (3) OFFICE OF AUDIT, ASSESSMENT, AND MAN18 AGEMENT.—Section 1158(b) of the Violence Against

19 Women and Department of Justice Reauthorization

20 Act of 2005 (42 U.S.C. 3712d note) is amended to

21 read as follows:

22 ‘‘(b) EFFECTIVE DATE.—

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), section 109 of the Omnibus Crime Con-
†

51

S 3693 ES

1 trol and Safe Streets Act of 1968 (42 U.S.C. 3712d)

2 shall take effect on April 5, 2006.

3 ‘‘(2) CERTAIN PROVISIONS.—Subsections (c),

4 (d), and (e) of section 109 of the Omnibus Crime

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

6 3712d) shall take effect on October 1, 2006.’’.

7 (4) OFFICE OF APPLIED LAW ENFORCEMENT

8 TECHNOLOGY.—

9 (A) IN GENERAL.—Section 1160(b) of the

10 Violence Against Women and Department of

11 Justice Reauthorization Act of 2005 (42 U.S.C.

12 3712f note) is amended by striking ‘‘90 days

13 after the date of the enactment of this Act’’

14 and inserting ‘‘on October 1, 2006’’.

15 (B) AVAILABILITY OF FUNDS.—Section

16 1161(b) of the Violence Against Women and

17 Department of Justice Reauthorization Act of

18 2005 (42 U.S.C. 3712g note) is amended by

19 striking ‘‘90 days after the date of the enact20 ment of this Act’’ and inserting ‘‘on October 1,

21 2006’’.

22 (5) EVIDENCE-BASED APPROACHES.—Section

23 1168 of the Violence Against Women and Depart24 ment of Justice Reauthorization Act of 2005 (Public

25 Law 109–162; 119 Stat. 3122) is amended—
†

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1 (A) by striking ‘‘Section 1802’’ and insert2 ing the following:

3 ‘‘(a) IN GENERAL.—Section 1802’’; and

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

5 ‘‘(b) EFFECTIVE DATE.—The amendments made by

6 this section shall take effect on October 1, 2006.’’.

7 (6) STATE CRIMINAL ALIEN ASSISTANCE PRO8 GRAM.—Section 1196 of the Violence Against

9 Women and Department of Justice Reauthorization

10 Act of 2005 (Public Law 109–162; 119 Stat. 3130)

11 is amended by adding at the end the following:

12 ‘‘(d) EFFECTIVE DATE.—The amendments made by

13 subsections (a) and (b) shall take effect on October 1,

14 2006.’’.

Passed the Senate July 19, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3693

AN ACT

To make technical corrections to the Violence

authorization Act of 2005.Against Women and Department of Justice Re-