PLAW-109publ162 Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005)

PUBLIC LAW 109–162—JAN. 5, 2006

VIOLENCE AGAINST WOMEN AND
DEPARTMENT OF JUSTICE
REAUTHORIZATION ACT OF 2005

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119 STAT. 2960

PUBLIC LAW 109–162—JAN. 5, 2006

Public Law 109–162
109th Congress
An Act
Jan. 5, 2006
[H.R. 3402]
Violence Against
Women and
Department of
Justice
Reauthorization
Act of 2005.
42 USC 13701
note.

To authorize appropriations for the Department of Justice for fiscal years 2006
through 2009, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Violence Against Women and
Department of Justice Reauthorization Act of 2005’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO
COMBAT VIOLENCE AGAINST WOMEN
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.

Stop grants improvements.
Grants to encourage arrest and enforce protection orders improvements.
Legal Assistance for Victims improvements.
Ensuring crime victim access to legal services.
The Violence Against Women Act court training and improvements.
Full faith and credit improvements.
Privacy protections for victims of domestic violence, dating violence, sexual violence, and stalking.
Sex offender management.
Stalker database.
Federal victim assistants reauthorization.
Grants for law enforcement training programs.
Reauthorization of the court-appointed special advocate program.
Preventing cyberstalking.
Criminal provision relating to stalking.
Repeat offender provision.
Prohibiting dating violence.
Prohibiting violence in special maritime and territorial jurisdiction.
Updating protection order definition.
GAO study and report.
Grants for outreach to underserved populations.
Enhancing culturally and linguistically specific services for victims of domestic violence, dating violence, sexual assault, and stalking.

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse Enforcement Assistance Program.
Sec. 204. Training and services to end violence against women with disabilities.
Sec. 205. Training and services to end violence against women in later life.
Sec. 206. Strengthening the National Domestic Violence Hotline.

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TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Findings.
Sec. 302. Rape prevention and education.
Sec. 303. Services, education, protection, and justice for young victims of violence.
Sec. 304. Grants to combat violent crimes on campuses.
Sec. 305. Juvenile justice.
Sec. 306. Safe havens.
TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING
VIOLENCE
Sec. 401. Preventing violence against women and children.
Sec. 403. Public Awareness Campaign.
Sec. 402. Study conducted by the Centers for Disease Control and Prevention.
TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic and sexual violence.
Sec. 504. Grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking grants.
Sec. 505. Research on effective interventions in the healthcare setting.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED
WOMEN AND CHILDREN
601. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.
602. Transitional housing assistance grants for victims of domestic violence,
dating violence, sexual assault, or stalking.
603. Public housing authority plans reporting requirement.
604. Housing strategies.
605. Amendment to the McKinney-Vento Homeless Assistance Act.
606. Amendments to the low-income housing assistance voucher program.
607. Amendments to the public housing program.

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Grant for National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.
TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Sec.
Sec.
Sec.
Sec.
Sec.

801.
802.
803.
804.
805.

Subtitle A—Victims of Crime
Treatment of spouse and children of victims.
Presence of victims of a severe form of trafficking in persons.
Adjustment of status.
Protection and assistance for victims of trafficking.
Protecting victims of child abuse.

Subtitle B—VAWA Self-Petitioners
Definition of VAWA self-petitioner.
Application in case of voluntary departure.
Removal proceedings.
Eliminating abusers’ control over applications and limitation on petitioning for abusers.
Sec. 815. Application for VAWA-related relief.
Sec. 816. Self-petitioning parents.
Sec. 817. VAWA confidentiality nondisclosure.
Sec.
Sec.
Sec.
Sec.

811.
812.
813.
814.

Subtitle C—Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special physical presence and good moral character rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Motions to reopen.

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Sec. 826. Protecting abused juveniles.
Sec. 827. Protection of domestic violence and crime victims from certain disclosures
of information.
Sec. 828. Rulemaking.
Subtitle D—International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Access to VAWA protection regardless of manner of entry.
Sec. 833. Domestic violence information and resources for immigrants and regulation of international marriage brokers.
Sec. 834. Sharing of certain information.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

901.
902.
903.
904.
905.
906.
907.
908.
909.

TITLE IX—SAFETY FOR INDIAN WOMEN
Findings.
Purposes.
Consultation.
Analysis and research on violence against Indian women.
Tracking of violence against Indian women.
Grants to Indian tribal governments.
Tribal deputy in the Office on Violence Against Women.
Enhanced criminal law resources.
Domestic assault by an habitual offender.

TITLE X—DNA FINGERPRINTING
Short title.
Use of opt-out procedure to remove samples from national DNA index.
Expanded use of CODIS grants.
Authorization to conduct DNA sample collection from persons arrested
or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.

TITLE XI—DEPARTMENT OF JUSTICE REAUTHORIZATION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1101.
1102.
1103.
1104.
1105.
1106.
1107.

Subtitle A—Authorization of Appropriations
Authorization of appropriations for fiscal year 2006.
Authorization of appropriations for fiscal year 2007.
Authorization of appropriations for fiscal year 2008.
Authorization of appropriations for fiscal year 2009.
Organized retail theft.
United States-Mexico Border Violence Task Force.
National Gang Intelligence Center.

Subtitle B—Improving the Department of Justice’s Grant Programs
1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block
Grant Program.
Sec. 1112. Clarification of number of recipients who may be selected in a given year
to receive Public Safety Officer Medal of Valor.
Sec. 1113. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law enforcement assistance.
Sec. 1114. Clarification of uses for regional information sharing system grants.
Sec. 1115. Integrity and enhancement of national criminal record databases.
Sec. 1116. Extension of matching grant program for law enforcement armor vests.
CHAPTER

CHAPTER

2—BUILDING

COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL
CRIME

Sec. 1121. Office of Weed and Seed Strategies.
CHAPTER 3—ASSISTING VICTIMS OF CRIME
Sec. 1131. Grants to local nonprofit organizations to improve outreach services to
victims of crime.
Sec. 1132. Clarification and enhancement of certain authorities relating to crime
victims fund.
Sec. 1133. Amounts received under crime victim grants may be used by State for
training purposes.
Sec. 1134. Clarification of authorities relating to Violence Against Women formula
and discretionary grant programs.
Sec. 1135. Change of certain reports from annual to biennial.
Sec. 1136. Grants for young witness assistance.

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CHAPTER 4—PREVENTING CRIME
Sec. 1141. Clarification of definition of violent offender for purposes of juvenile
drug courts.
Sec. 1142. Changes to distribution and allocation of grants for drug courts.
Sec. 1143. Eligibility for grants under drug court grants program extended to
courts that supervise non-offenders with substance abuse problems.
Sec. 1144. Term of Residential Substance Abuse Treatment program for local facilities.
Sec. 1145. Enhanced residential substance abuse treatment program for State prisoners.
Sec. 1146. Residential Substance Abuse Treatment Program for Federal facilities.
CHAPTER 5—OTHER MATTERS
Sec. 1151. Changes to certain financial authorities.
Sec. 1152. Coordination duties of Assistant Attorney General.
Sec. 1153. Simplification of compliance deadlines under sex-offender registration
laws.
Sec. 1154. Repeal of certain programs.
Sec. 1155. Elimination of certain notice and hearing requirements.
Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and Safe
Streets Act of 1968.
Sec. 1157. Clarification of authority to pay subsistence payments to prisoners for
health care items and services.
Sec. 1158. Office of Audit, Assessment, and Management.
Sec. 1159. Community Capacity Development Office.
Sec. 1160. Office of Applied Law Enforcement Technology.
Sec. 1161. Availability of funds for grants.
Sec. 1162. Consolidation of financial management systems of Office of Justice Programs.
Sec. 1163. Authorization and change of COPS program to single grant program.
Sec. 1164. Clarification of persons eligible for benefits under public safety officers’
death benefits programs.
Sec. 1165. Pre-release and post-release programs for juvenile offenders.
Sec. 1166. Reauthorization of juvenile accountability block grants.
Sec. 1167. Sex offender management.
Sec. 1168. Evidence-based approaches.
Sec. 1169. Reauthorization of matching grant program for school security.
Sec. 1170. Technical amendments to Aimee’s Law.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1171.
1172.
1173.
1174.
1175.
1176.

Sec. 1177.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1178.
1179.
1180.
1181.
1182.
1183.
1184.
1185.
1186.
1187.

Sec. 1188.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1189.
1190.
1191.
1192.
1193.
1194.
1195.

Sec. 1196.

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Subtitle C—Miscellaneous Provisions
Technical amendments relating to Public Law 107–56.
Miscellaneous technical amendments.
Use of Federal training facilities.
Privacy officer.
Bankruptcy crimes.
Report to Congress on status of United States persons or residents detained on suspicion of terrorism.
Increased penalties and expanded jurisdiction for sexual abuse offenses
in correctional facilities.
Expanded jurisdiction for contraband offenses in correctional facilities.
Magistrate judge’s authority to continue preliminary hearing.
Technical corrections relating to steroids.
Prison Rape Commission extension.
Longer statute of limitation for human trafficking-related offenses.
Use of Center for Criminal Justice Technology.
SEARCH Grants.
Reauthorization of Law Enforcement Tribute Act.
Amendment regarding bullying and gangs.
Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Reauthorize the Gang Resistance Education and Training Projects Program.
National Training Center.
Sense of Congress relating to ‘‘good time’’ release.
Public employee uniforms.
Officially approved postage.
Authorization of additional appropriations.
Assistance to courts.
Study and report on correlation between substance abuse and domestic
violence at domestic violence shelters.
Reauthorization of State Criminal Alien Assistance Program.

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Sec. 1197. Extension of Child Safety Pilot Program.
Sec. 1198. Transportation and subsistence for special sessions of District Courts.
Sec. 1199. Youth Violence Reduction Demonstration Projects.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.

(a) IN GENERAL.—The Violence Against Women Act of 1994
(108 Stat. 1902 et seq.) is amended by adding after section 40001
the following:
42 USC 13925.

‘‘SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.

‘‘(a) DEFINITIONS.—In this title:
‘‘(1) COURTS.—The term ‘courts’ means any civil or criminal,
tribal, and Alaskan Village, Federal, State, local or territorial
court having jurisdiction to address domestic violence, dating
violence, sexual assault or stalking, including immigration,
family, juvenile, and dependency courts, and the judicial officers
serving in those courts, including judges, magistrate judges,
commissioners, justices of the peace, or any other person with
decisionmaking authority.
‘‘(2) CHILD ABUSE AND NEGLECT.—The term ‘child abuse
and neglect’ means any recent act or failure to act on the
part of a parent or caregiver with intent to cause death, serious
physical or emotional harm, sexual abuse, or exploitation, or
an act or failure to act which presents an imminent risk of
serious harm. This definition shall not be construed to mean
that failure to leave an abusive relationship, in the absence
of other action constituting abuse or neglect, is itself abuse
or neglect.
‘‘(3) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means an organization that—
‘‘(A) focuses primarily on domestic violence, dating
violence, sexual assault, or stalking;
‘‘(B) has established a specialized culturally specific
program that addresses domestic violence, dating violence,
sexual assault, or stalking;
‘‘(C) has a primary focus on underserved populations
(and includes representatives of these populations) and
domestic violence, dating violence, sexual assault, or
stalking; or
‘‘(D) obtains expertise, or shows demonstrated capacity
to work effectively, on domestic violence, dating violence,
sexual assault, and stalking through collaboration.
‘‘(4) CHILD MALTREATMENT.—The term ‘child maltreatment’
means the physical or psychological abuse or neglect of a child
or youth, including sexual assault and abuse.
‘‘(5) COURT-BASED AND COURT-RELATED PERSONNEL.—The
term ‘court-based’ and ‘court-related personnel’ mean persons
working in the court, whether paid or volunteer, including—
‘‘(A) clerks, special masters, domestic relations officers,
administrators, mediators, custody evaluators, guardians
ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial,
administrative, or any other professionals or personnel
similarly involved in the legal process;
‘‘(B) court security personnel;
‘‘(C) personnel working in related, supplementary
offices or programs (such as child support enforcement);
and

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‘‘(D) any other court-based or community-based personnel having responsibilities or authority to address
domestic violence, dating violence, sexual assault, or
stalking in the court system.
‘‘(6) DOMESTIC VIOLENCE.—The term ‘domestic violence’
includes felony or misdemeanor crimes of violence committed
by a current or former spouse of the victim, by a person with
whom the victim shares a child in common, by a person who
is cohabitating with or has cohabitated with the victim as
a spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against
an adult or youth victim who is protected from that person’s
acts under the domestic or family violence laws of the jurisdiction.
‘‘(7) DATING PARTNER.—The term ‘dating partner’ refers
to a person who is or has been in a social relationship of
a romantic or intimate nature with the abuser, and where
the existence of such a relationship shall be determined based
on a consideration of—
‘‘(A) the length of the relationship;
‘‘(B) the type of relationship; and
‘‘(C) the frequency of interaction between the persons
involved in the relationship.
‘‘(8) DATING VIOLENCE.—The term ‘dating violence’ means
violence committed by a person—
‘‘(A) who is or has been in a social relationship of
a romantic or intimate nature with the victim; and
‘‘(B) where the existence of such a relationship shall
be determined based on a consideration of the following
factors:
‘‘(i) The length of the relationship.
‘‘(ii) The type of relationship.
‘‘(iii) The frequency of interaction between the persons involved in the relationship.
‘‘(9) ELDER ABUSE.—The term ‘elder abuse’ means any
action against a person who is 50 years of age or older that
constitutes the willful—
‘‘(A) infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical
harm, pain, or mental anguish; or
‘‘(B) deprivation by a person, including a caregiver,
of goods or services with intent to cause physical harm,
mental anguish, or mental illness.
‘‘(10) INDIAN.—The term ‘Indian’ means a member of an
Indian tribe.
‘‘(11) INDIAN COUNTRY.—The term ‘Indian country’ has the
same meaning given such term in section 1151 of title 18,
United States Code.
‘‘(12) INDIAN HOUSING.—The term ‘Indian housing’ means
housing assistance described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq., as amended).
‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ means a tribe,
band, pueblo, nation, or other organized group or community
of Indians, including any Alaska Native village or regional
or village corporation (as defined in, or established pursuant

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PUBLIC LAW 109–162—JAN. 5, 2006
to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)), that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
‘‘(14) INDIAN LAW ENFORCEMENT.—The term ‘Indian law
enforcement’ means the departments or individuals under the
direction of the Indian tribe that maintain public order.
‘‘(15) LAW ENFORCEMENT.—The term ‘law enforcement’
means a public agency charged with policing functions,
including any of its component bureaus (such as governmental
victim services programs), including those referred to in section
3 of the Indian Enforcement Reform Act (25 U.S.C. 2802).
‘‘(16) LEGAL ASSISTANCE.—The term ‘legal assistance’
includes assistance to adult and youth victims of domestic
violence, dating violence, sexual assault, and stalking in—
‘‘(A) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus
administrative or protection or stay away order proceedings, and other similar matters; and
‘‘(B) criminal justice investigations, prosecutions and
post-trial matters (including sentencing, parole, and probation) that impact the victim’s safety and privacy.
‘‘(17) LINGUISTICALLY AND CULTURALLY SPECIFIC SERVICES.—The term ‘linguistically and culturally specific services’
means community-based services that offer full linguistic access
and culturally specific services and resources, including outreach, collaboration, and support mechanisms primarily
directed toward underserved communities.
‘‘(18) PERSONALLY IDENTIFYING INFORMATION OR PERSONAL
INFORMATION.—The term ‘personally identifying information’
or ‘personal information’ means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic violence,
dating violence, sexual assault, or stalking, including—
‘‘(A) a first and last name;
‘‘(B) a home or other physical address;
‘‘(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile
number);
‘‘(D) a social security number; and
‘‘(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that,
in combination with any of subparagraphs (A) through
(D), would serve to identify any individual.
‘‘(19) PROSECUTION.—The term ‘prosecution’ means any
public agency charged with direct responsibility for prosecuting
criminal offenders, including such agency’s component bureaus
(such as governmental victim services programs).
‘‘(20) PROTECTION ORDER OR RESTRAINING ORDER.—The
term ‘protection order’ or ‘restraining order’ includes—
‘‘(A) any injunction, restraining order, or any other
order issued by a civil or criminal court for the purpose
of preventing violent or threatening acts or harassment
against, sexual violence or contact or communication with
or physical proximity to, another person, including any
temporary or final orders issued by civil or criminal courts
whether obtained by filing an independent action or as

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a pendente lite order in another proceeding so long as
any civil order was issued in response to a complaint,
petition, or motion filed by or on behalf of a person seeking
protection; and
‘‘(B) any support, child custody or visitation provisions,
orders, remedies, or relief issued as part of a protection
order, restraining order, or stay away injunction pursuant
to State, tribal, territorial, or local law authorizing the
issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence,
dating violence, sexual assault, or stalking.
‘‘(21) RURAL AREA AND RURAL COMMUNITY.—The term ‘rural
area’ and ‘rural community’ mean—
‘‘(A) any area or community, respectively, no part of
which is within an area designated as a standard metropolitan statistical area by the Office of Management and
Budget; or
‘‘(B) any area or community, respectively, that is—
‘‘(i) within an area designated as a metropolitan
statistical area or considered as part of a metropolitan
statistical area; and
‘‘(ii) located in a rural census tract.
‘‘(22) RURAL STATE.—The term ‘rural State’ means a State
that has a population density of 52 or fewer persons per square
mile or a State in which the largest county has fewer than
150,000 people, based on the most recent decennial census.
‘‘(23) SEXUAL ASSAULT.—The term ‘sexual assault’ means
any conduct prescribed by chapter 109A of title 18, United
States Code, whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the United States or
in a Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or
marriage to the victim.
‘‘(24) STALKING.—The term ‘stalking’ means engaging in
a course of conduct directed at a specific person that would
cause a reasonable person to—
‘‘(A) fear for his or her safety or the safety of others;
or
‘‘(B) suffer substantial emotional distress.
‘‘(25) STATE.—The term ‘State’ means each of the several
States and the District of Columbia, and except as otherwise
provided, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Northern Mariana Islands.
‘‘(26) STATE DOMESTIC VIOLENCE COALITION.—The term
‘State domestic violence coalition’ means a program determined
by the Administration for Children and Families under the
Family Violence Prevention and Services Act (42 U.S.C.
10410(b)).
‘‘(27) STATE SEXUAL ASSAULT COALITION.—The term ‘State
sexual assault coalition’ means a program determined by the
Center for Injury Prevention and Control of the Centers for
Disease Control and Prevention under the Public Health Service
Act (42 U.S.C. 280b et seq.).
‘‘(28) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT
COALITION.—The term ‘territorial domestic violence or sexual

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PUBLIC LAW 109–162—JAN. 5, 2006
assault coalition’ means a program addressing domestic or
sexual violence that is—
‘‘(A) an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual
assault within the territory; or
‘‘(B) a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual
assault within the territory that proposes to incorporate
as a nonprofit, nongovernmental territorial coalition.
‘‘(29) TRIBAL COALITION.—The term ‘tribal coalition’
means—
‘‘(A) an established nonprofit, nongovernmental tribal
coalition addressing domestic violence and sexual assault
against American Indian or Alaskan Native women; or
‘‘(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to
address domestic violence and sexual assault against American Indian or Alaska Native women.
‘‘(30) TRIBAL GOVERNMENT.—The term ‘tribal government’
means—
‘‘(A) the governing body of an Indian tribe; or
‘‘(B) a tribe, band, pueblo, nation, or other organized
group or community of Indians, including any Alaska
Native village or regional or village corporation (as defined
in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized
as eligible for the special programs and services provided
by the United States to Indians because of their status
as Indians.
‘‘(31) TRIBAL ORGANIZATION.—The term ‘tribal organization’
means—
‘‘(A) the governing body of any Indian tribe;
‘‘(B) any legally established organization of Indians
which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which
is democratically elected by the adult members of the
Indian community to be served by such organization and
which includes the maximum participation of Indians in
all phases of its activities; or
‘‘(C) any tribal nonprofit organization.
‘‘(32) UNDERSERVED POPULATIONS.—The term ‘underserved
populations’ includes populations underserved because of
geographic location, underserved racial and ethnic populations,
populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any
other population determined to be underserved by the Attorney
General or by the Secretary of Health and Human Services,
as appropriate.
‘‘(33) VICTIM ADVOCATE.—The term ‘victim advocate’ means
a person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault, stalking,
or dating violence under the auspices or supervision of a victim
services program.
‘‘(34) VICTIM ASSISTANT.—The term ‘victim assistant’ means
a person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault, stalking,

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or dating violence under the auspices or supervision of a court
or a law enforcement or prosecution agency.
‘‘(35) VICTIM SERVICES OR VICTIM SERVICE PROVIDER.—The
term ‘victim services’ or ‘victim service provider’ means a nonprofit, nongovernmental organization that assists domestic
violence, dating violence, sexual assault, or stalking victims,
including rape crisis centers, domestic violence shelters, faithbased organizations, and other organizations, with a documented history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking.
‘‘(36) YOUTH.—The term ‘youth’ means teen and young
adult victims of domestic violence, dating violence, sexual
assault, or stalking.
‘‘(b) GRANT CONDITIONS.—
‘‘(1) MATCH.—No matching funds shall be required for a
grant or subgrant made under this title for any tribe, territory,
victim service provider, or any entity that the Attorney General
determines has adequately demonstrated financial need.
‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE
INFORMATION.—
‘‘(A) IN GENERAL.—In order to ensure the safety of
adult, youth, and child victims of domestic violence, dating
violence, sexual assault, or stalking, and their families,
grantees and subgrantees under this title shall protect
the confidentiality and privacy of persons receiving services.
‘‘(B) NONDISCLOSURE.—Subject to subparagraphs (C)
and (D), grantees and subgrantees shall not—
‘‘(i) disclose any personally identifying information
or individual information collected in connection with
services requested, utilized, or denied through
grantees’ and subgrantees’ programs; or
‘‘(ii) reveal individual client information without
the informed, written, reasonably time-limited consent
of the person (or in the case of an unemancipated
minor, the minor and the parent or guardian or in
the case of persons with disabilities, the guardian)
about whom information is sought, whether for this
program or any other Federal, State, tribal, or territorial grant program, except that consent for release
may not be given by the abuser of the minor, person
with disabilities, or the abuser of the other parent
of the minor.
‘‘(C) RELEASE.—If release of information described in
subparagraph (B) is compelled by statutory or court
mandate—
‘‘(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by
the disclosure of information; and
‘‘(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons
affected by the release of the information.
‘‘(D) INFORMATION SHARING.—Grantees and subgrantees may share—
‘‘(i) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply

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PUBLIC LAW 109–162—JAN. 5, 2006
with Federal, State, tribal, or territorial reporting,
evaluation, or data collection requirements;
‘‘(ii) court-generated information and law-enforcement generated information contained in secure,
governmental registries for protection order enforcement purposes; and
‘‘(iii) law enforcement- and prosecution-generated
information necessary for law enforcement and
prosecution purposes.
‘‘(E) OVERSIGHT.—Nothing in this paragraph shall prevent the Attorney General from disclosing grant activities
authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of
the Senate exercising Congressional oversight authority.
All disclosures shall protect confidentiality and omit
personally identifying information, including location
information about individuals.
‘‘(3) APPROVED ACTIVITIES.—In carrying out the activities
under this title, grantees and subgrantees may collaborate with
and provide information to Federal, State, local, tribal, and
territorial public officials and agencies to develop and implement policies to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking.
‘‘(4) NON-SUPPLANTATION.—Any Federal funds received
under this title shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities under this title.
‘‘(5) USE OF FUNDS.—Funds authorized and appropriated
under this title may be used only for the specific purposes
described in this title and shall remain available until
expended.
‘‘(6) REPORTS.—An entity receiving a grant under this title
shall submit to the disbursing agency a report detailing the
activities undertaken with the grant funds, including and providing additional information as the agency shall require.
‘‘(7) EVALUATION.—Federal agencies disbursing funds under
this title shall set aside up to 3 percent of such funds in
order to conduct—
‘‘(A) evaluations of specific programs or projects funded
by the disbursing agency under this title or related
research; or
‘‘(B) evaluations of promising practices or problems
emerging in the field or related research, in order to inform
the agency or agencies as to which programs or projects
are likely to be effective or responsive to needs in the
field.
‘‘(8) NONEXCLUSIVITY.—Nothing in this title shall be construed to prohibit male victims of domestic violence, dating
violence, sexual assault, and stalking from receiving benefits
and services under this title.
‘‘(9) PROHIBITION ON TORT LITIGATION.—Funds appropriated
for the grant program under this title may not be used to
fund civil representation in a lawsuit based on a tort claim.
This paragraph should not be construed as a prohibition on
providing assistance to obtain restitution in a protection order
or criminal case.

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‘‘(10) PROHIBITION ON LOBBYING.—Any funds appropriated
for the grant program shall be subject to the prohibition in
section 1913 of title 18, United States Code, relating to lobbying
with appropriated moneys.
‘‘(11) TECHNICAL ASSISTANCE.—If there is a demonstrated
history that the Office on Violence Against Women has previously set aside amounts greater than 8 percent for technical
assistance and training relating to grant programs authorized
under this title, the Office has the authority to continue setting
aside amounts greater than 8 percent.’’.
(b) CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.—
(1) STALKING AND DOMESTIC VIOLENCE.—Section 40610 of
the Violence Against Women Act of 1994 (42 U.S.C. 14039)
is amended by striking ‘‘The Attorney General shall submit
to the Congress an annual report, beginning 1 year after the
date of the enactment of this Act, that provides’’ and inserting
‘‘Each even-numbered fiscal year, the Attorney General shall
submit to the Congress a biennial report that provides’’.
(2) SAFE HAVENS FOR CHILDREN.—Section 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000
(42 U.S.C. 10420(d)(1)) is amended in the matter preceding
subparagraph (A) by striking ‘‘Not later than 1 year after
the last day of the first fiscal year commencing on or after
the date of enactment of this Act, and not later than 180
days after the last day of each fiscal year thereafter,’’ and
inserting ‘‘Not later than 1 month after the end of each evennumbered fiscal year,’’.
(3) STOP VIOLENCE AGAINST WOMEN FORMULA GRANTS.—
Section 2009(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg–3) is amended by striking ‘‘Not
later than’’ and all that follows through ‘‘the Attorney General
shall submit’’ and inserting the following: ‘‘Not later than 1
month after the end of each even-numbered fiscal year, the
Attorney General shall submit’’.
(4) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD
VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL
ASSAULT.—Section 40299(f) of the Violence Against Women Act
of 1994 (42 U.S.C. 13975(f)) is amended by striking ‘‘shall
annually prepare and submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a compilation
of the information contained in the report submitted under
subsection (e) of this section.’’ and inserting ‘‘shall prepare
and submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate a report that contains a compilation of the information
contained in the report submitted under subsection (e) of this
section not later than 1 month after the end of each evennumbered fiscal year.’’.
(c) DEFINITIONS AND GRANT CONDITIONS IN CRIME CONTROL
ACT.—
(1) PART T.—Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by striking section 2008 and inserting the following:

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PUBLIC LAW 109–162—JAN. 5, 2006

Applicability.
42 USC
3796gg–2.

‘‘SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.

Applicability.
42 USC
3796hh–4.

‘‘SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.

‘‘In this part the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.’’.
(2) PART U.—Section 2105 of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended to read as follows:
‘‘In this part the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.’’.
(d) DEFINITIONS AND GRANT CONDITIONS IN 2000 ACT.—Section
1002 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–
2 note) is amended to read as follows:

Applicability.

‘‘SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.

‘‘In this division the definitions and grant conditions in section
40002 of the Violence Against Women Act of 1994 shall apply.’’.

TITLE I—ENHANCING JUDICIAL AND
LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS IMPROVEMENTS.

Jessica Gonzales.

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(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(18)) is amended by striking ‘‘$185,000,000
for each of fiscal years 2001 through 2005’’ and inserting
‘‘$225,000,000 for each of fiscal years 2007 through 2011’’.
(b) PURPOSE AREA ENHANCEMENTS.—Section 2001(b) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg(b)) is amended—
(1) in paragraph (10), by striking ‘‘and’’ after the semicolon;
(2) in paragraph (11), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
‘‘(12) maintaining core victim services and criminal justice
initiatives, while supporting complementary new initiatives and
emergency services for victims and their families;
‘‘(13) supporting the placement of special victim assistants
(to be known as ‘Jessica Gonzales Victim Assistants’) in local
law enforcement agencies to serve as liaisons between victims
of domestic violence, dating violence, sexual assault, and
stalking and personnel in local law enforcement agencies in
order to improve the enforcement of protection orders. Jessica
Gonzales Victim Assistants shall have expertise in domestic
violence, dating violence, sexual assault, or stalking and may
undertake the following activities—
‘‘(A) developing, in collaboration with prosecutors,
courts, and victim service providers, standardized response
policies for local law enforcement agencies, including triage
protocols to ensure that dangerous or potentially lethal
cases are identified and prioritized;
‘‘(B) notifying persons seeking enforcement of protection orders as to what responses will be provided by the
relevant law enforcement agency;

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‘‘(C) referring persons seeking enforcement of protection orders to supplementary services (such as emergency
shelter programs, hotlines, or legal assistance services);
and
‘‘(D) taking other appropriate action to assist or secure
the safety of the person seeking enforcement of a protection
order; and
‘‘(14) to provide funding to law enforcement agencies, nonprofit nongovernmental victim services providers, and State,
tribal, territorial, and local governments, (which funding stream
shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote—
‘‘(A) the development and implementation of training
for local victim domestic violence service providers, and
to fund victim services personnel, to be known as ‘Crystal
Judson Victim Advocates,’ to provide supportive services
and advocacy for victims of domestic violence committed
by law enforcement personnel;
‘‘(B) the implementation of protocols within law
enforcement agencies to ensure consistent and effective
responses to the commission of domestic violence by personnel within such agencies (such as the model policy
promulgated by the International Association of Chiefs of
Police (‘Domestic Violence by Police Officers: A Policy of
the IACP, Police Response to Violence Against Women
Project’ July 2003));
‘‘(C) the development of such protocols in collaboration
with State, tribal, territorial and local victim service providers and domestic violence coalitions.
Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson
Domestic Violence Protocol Program under paragraph (14) shall
on an annual basis, receive additional training on the topic
of incidents of domestic violence committed by law enforcement
personnel from domestic violence and sexual assault nonprofit
organizations and, after a period of 2 years, provide a report
of the adopted protocol to the Department of Justice, including
a summary of progress in implementing such protocol.’’.
(c) CLARIFICATION OF ACTIVITIES REGARDING UNDERSERVED
POPULATIONS.—Section 2007 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is amended—
(1) in subsection (c)(2), by inserting before the semicolon
the following: ‘‘and describe how the State will address the
needs of underserved populations’’; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
‘‘(D) recognize and meaningfully respond to the needs
of underserved populations and ensure that monies set
aside to fund linguistically and culturally specific services
and activities for underserved populations are distributed
equitably among those populations.’’.
(d) TRIBAL AND TERRITORIAL SETASIDES.—Section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–1) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘5 percent’’ and
inserting ‘‘10 percent’’;

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Crystal Judson.

Reports.

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PUBLIC LAW 109–162—JAN. 5, 2006

(B) in paragraph (2), striking by ‘‘1⁄54’’ and inserting
‘‘1⁄56’’;
(C) in paragraph (3), by striking ‘‘and the coalition
for the combined Territories of the United States, each
receiving an amount equal to 1⁄54’’ and inserting ‘‘coalitions
for Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each receiving an amount equal to 1⁄56’’; and
(D) in paragraph (4), by striking ‘‘1⁄54’’ and inserting
1
‘‘ ⁄56’’;
(2) in subsection (c)(3)(B), by inserting after ‘‘victim services’’ the following: ‘‘, of which at least 10 percent shall be
distributed to culturally specific community-based organization’’; and
(3) in subsection (d)—
(A) in paragraph (3), by striking the period and
inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(4) documentation showing that tribal, territorial, State
or local prosecution, law enforcement, and courts have consulted
with tribal, territorial, State, or local victim service programs
during the course of developing their grant applications in
order to ensure that proposed services, activities and equipment
acquisitions are designed to promote the safety, confidentiality,
and economic independence of victims of domestic violence,
sexual assault, stalking, and dating violence.’’.
(e) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—
Section 2007 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg–1) is amended by adding at the end
the following:
‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—Of the total amounts appropriated under
this part, not less than 3 percent and up to 8 percent shall
be available for providing training and technical assistance
relating to the purpose areas of this part to improve the capacity
of grantees, subgrantees and other entities.
‘‘(2) INDIAN TRAINING.—The Director of the Office on
Violence Against Women shall ensure that training or technical
assistance regarding violence against Indian women will be
developed and provided by entities having expertise in tribal
law, customary practices, and Federal Indian law.’’.
(f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—Section 2010
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–4) is amended by adding at the end the following:
‘‘(c) USE OF FUNDS.—A State or Indian tribal government may
use Federal grant funds under this part to pay for forensic medical
exams performed by trained examiners for victims of sexual assault,
except that such funds may not be used to pay for forensic medical
exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement
for such exams from their insurance carriers.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate
in the criminal justice system or cooperate with law enforcement

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in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both.
‘‘(e) JUDICIAL NOTIFICATION.—
‘‘(1) IN GENERAL.—A State or unit of local government
shall not be entitled to funds under this part unless the State
or unit of local government—
‘‘(A) certifies that its judicial administrative policies
and practices include notification to domestic violence
offenders of the requirements delineated in section
922(g)(8) and (g)(9) of title 18, United States Code, and
any applicable related Federal, State, or local laws; or
‘‘(B) gives the Attorney General assurances that its
judicial administrative policies and practices will be in
compliance with the requirements of subparagraph (A)
within the later of—
‘‘(i) the period ending on the date on which the
next session of the State legislature ends; or
‘‘(ii) 2 years.
‘‘(2) REDISTRIBUTION.—Funds withheld from a State or unit
of local government under subsection (a) shall be distributed
to other States and units of local government, pro rata.’’.
(g) POLYGRAPH TESTING PROHIBITION.—Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg et seq.) is amended by adding at the end the following:
‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION.

‘‘(a) IN GENERAL.—In order to be eligible for grants under
this part, a State, Indian tribal government, territorial government,
or unit of local government shall certify that, not later than 3
years after the date of enactment of this section, their laws, policies,
or practices will ensure that no law enforcement officer, prosecuting
officer or other government official shall ask or require an adult,
youth, or child victim of an alleged sex offense as defined under
Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition
for proceeding with the investigation of such an offense.
‘‘(b) PROSECUTION.—The refusal of a victim to submit to an
examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.’’.

Certification.

Deadline.

42 USC
3796gg–8.
Deadline.

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

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking ‘‘$65,000,000
for each of fiscal years 2001 through 2005’’ and inserting
‘‘$75,000,000 for each of fiscal years 2007 through 2011. Funds
appropriated under this paragraph shall remain available until
expended.’’.
(b) GRANTEE REQUIREMENTS.—Section 2101 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)
is amended—
(1) in subsection (a), by striking ‘‘to treat domestic violence
as a serious violation’’ and inserting ‘‘to treat domestic violence,
dating violence, sexual assault, and stalking as serious violations’’;
(2) in subsection (b)—

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PUBLIC LAW 109–162—JAN. 5, 2006
(A) in the matter before paragraph (1), by inserting
after ‘‘State’’ the following: ‘‘, tribal, territorial,’’;
(B) in paragraph (1), by—
(i) striking ‘‘mandatory arrest or’’; and
(ii) striking ‘‘mandatory arrest programs and’’;
(C) in paragraph (2), by—
(i) inserting after ‘‘educational programs,’’ the following: ‘‘protection order registries,’’;
(ii) striking ‘‘domestic violence and dating violence’’
and inserting ‘‘domestic violence, dating violence,
sexual assault, and stalking. Policies, educational programs, protection order registries, and training
described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic
violence, dating violence, sexual assault, and stalking’’;
(D) in paragraph (3), by—
(i) striking ‘‘domestic violence cases’’ and inserting
‘‘domestic violence, dating violence, sexual assault, and
stalking cases’’; and
(ii) striking ‘‘groups’’ and inserting ‘‘teams’’;
(E) in paragraph (5), by striking ‘‘domestic violence
and dating violence’’ and inserting ‘‘domestic violence,
dating violence, sexual assault, and stalking’’;
(F) in paragraph (6), by—
(i) striking ‘‘other’’ and inserting ‘‘civil’’; and
(ii) inserting after ‘‘domestic violence’’ the following: ‘‘, dating violence, sexual assault, and stalking’’;
and
(G) by adding at the end the following:
‘‘(9) To develop State, tribal, territorial, or local policies,
procedures, and protocols for preventing dual arrests and
prosecutions in cases of domestic violence, dating violence,
sexual assault, and stalking, and to develop effective methods
for identifying the pattern and history of abuse that indicates
which party is the actual perpetrator of abuse.
‘‘(10) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit,
non-governmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental
victim assistants, forensic medical professionals, civil legal
attorneys, chaplains, legal advocates, representatives from
community-based organizations and other relevant public or
private agencies or organizations into one centralized location,
in order to improve safety, access to services, and confidentiality
for victims and families. Although funds may be used to support
the colocation of project partners under this paragraph, funds
may not support construction or major renovation expenses
or activities that fall outside of the scope of the other statutory
purpose areas.
‘‘(11) To develop and implement policies and training for
police, prosecutors, probation and parole officers, and the
judiciary in recognizing, investigating, and prosecuting
instances of sexual assault, with an emphasis on recognizing
the threat to the community for repeat crime perpetration
by such individuals.

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‘‘(12) To develop, enhance, and maintain protection order
registries.
‘‘(13) To develop human immunodeficiency virus (HIV)
testing programs for sexual assault perpetrators and notification and counseling protocols.’’;
(3) in subsection (c)—
(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (4), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) certify that, not later than 3 years after the date
of enactment of this section, their laws, policies, or practices
will ensure that—
‘‘(A) no law enforcement officer, prosecuting officer or
other government official shall ask or require an adult,
youth, or child victim of a sex offense as defined under
Federal, tribal, State, territorial, or local law to submit
to a polygraph examination or other truth telling device
as a condition for proceeding with the investigation of
such an offense; and
‘‘(B) the refusal of a victim to submit to an examination
described in subparagraph (A) shall not prevent the investigation of the offense.’’; and
(4) by striking subsections (d) and (e) and inserting the
following:
‘‘(d) SPEEDY NOTICE TO VICTIMS.—A State or unit of local
government shall not be entitled to 5 percent of the funds allocated
under this part unless the State or unit of local government—
‘‘(1) certifies that it has a law or regulation that requires—
‘‘(A) the State or unit of local government at the request
of a victim to administer to a defendant, against whom
an information or indictment is presented for a crime in
which by force or threat of force the perpetrator compels
the victim to engage in sexual activity, testing for the
immunodeficiency virus (HIV) not later than 48 hours after
the date on which the information or indictment is presented;
‘‘(B) as soon as practicable notification to the victim,
or parent and guardian of the victim, and defendant of
the testing results; and
‘‘(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such
test the results be made available in accordance with
subparagraph (B); or
‘‘(2) gives the Attorney General assurances that it laws
and regulations will be in compliance with requirements of
paragraph (1) within the later of—
‘‘(A) the period ending on the date on which the next
session of the State legislature ends; or
‘‘(B) 2 years.
‘‘(e) ALLOTMENT FOR INDIAN TRIBES.—Not less than 10 percent
of the total amount made available for grants under this section
for each fiscal year shall be available for grants to Indian tribal
governments.’’.
(c) APPLICATIONS.—Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b)) is

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HIV.

Certification.
Deadline.

Certification.
HIV.
Deadline.

Deadline.

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amended in each of paragraphs (1) and (2) by inserting after
‘‘involving domestic violence’’ the following: ‘‘, dating violence, sexual
assault, or stalking’’.
(d) TRAINING, TECHNICAL ASSISTANCE, CONFIDENTIALITY.—Part
U of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh et seq.) is amended by adding at the
end the following:
42 USC
3796hh–5.

‘‘SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.

‘‘Of the total amounts appropriated under this part, not less
than 5 percent and up to 8 percent shall be available for providing
training and technical assistance relating to the purpose areas
of this part to improve the capacity of grantees and other entities.’’.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

Applicability.

Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg–6) is amended—
(1) in subsection (a), by—
(A) inserting before ‘‘legal assistance’’ the following:
‘‘civil and criminal’’;
(B) inserting after ‘‘effective aid to’’ the following:
‘‘adult and youth’’; and
(C) inserting at the end the following: ‘‘Criminal legal
assistance provided for under this section shall be limited
to criminal matters relating to domestic violence, sexual
assault, dating violence, and stalking.’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) DEFINITIONS.—In this section, the definitions provided in
section 40002 of the Violence Against Women Act of 1994 shall
apply.’’;
(3) in subsection (c), by inserting ‘‘and tribal organizations,
territorial organizations’’ after ‘‘Indian tribal governments’’;
(4) in subsection (d) by striking paragraph (2) and inserting
the following:
‘‘(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed
with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault
or stalking organization or coalition, as well as appropriate
tribal, State, territorial, and local law enforcement officials;’’.
(5) in subsection (e), by inserting ‘‘dating violence,’’ after
‘‘domestic violence,’’; and
(6) in subsection (f)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $65,000,000 for each of fiscal years
2007 through 2011.’’; and
(B) in paragraph (2)(A), by—
(i) striking ‘‘5 percent’’ and inserting ‘‘10 percent’’;
and
(ii) inserting ‘‘adult and youth’’ after ‘‘that assist’’.
SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.

(a) IN GENERAL.—Section 502 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119; 111 Stat. 2510) is amended—
(1) in subsection (a)(2)(C)—

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119 STAT. 2979

(A) in the matter preceding clause (i), by striking ‘‘using
funds derived from a source other than the Corporation
to provide’’ and inserting ‘‘providing’’;
(B) in clause (i), by striking ‘‘in the United States’’
and all that follows and inserting ‘‘or a victim of sexual
assault or trafficking in the United States, or qualifies
for immigration relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U));
or’’; and
(C) in clause (ii), by striking ‘‘has been battered’’ and
all that follows and inserting ‘‘, without the active participation of the alien, has been battered or subjected to extreme
cruelty or a victim of sexual assault or trafficking in the
United States, or qualifies for immigration relief under
section 101(a)(15)(U) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(U)).’’; and
(2) in subsection (b)(2), by striking ‘‘described in such subsection’’ and inserting ‘‘, sexual assault or trafficking, or the
crimes listed in section 101(a)(15)(U)(iii) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’.
(b) SAVINGS PROVISION.—Nothing in this Act, or the amendments made by this Act, shall be construed to restrict the legal
assistance provided to victims of trafficking and certain family
members authorized under section 107(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)).

22 USC 7105
note.

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

(a) VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND
IMPROVEMENTS.—The Violence Against Women Act of 1994 (108
Stat. 1902 et seq.) is amended by adding at the end the following:

‘‘Subtitle J—Violence Against Women Act
Court Training and Improvements
‘‘This subtitle may be cited as the ‘Violence Against Women
Act Court Training and Improvements Act of 2005’.

Violence Against
Women Act
Court Training
and
Improvements
Act of 2005.
Grants.
42 USC 13701
note.

‘‘SEC. 41002. PURPOSE.

42 USC 14043.

‘‘SEC. 41001. SHORT TITLE.

‘‘The purpose of this subtitle is to enable the Attorney General,
though the Director of the Office on Violence Against Women,
to award grants to improve court responses to adult and youth
domestic violence, dating violence, sexual assault, and stalking
to be used for—
‘‘(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
‘‘(2) education for court-based and court-related personnel
on issues relating to victims’ needs, including safety, security,
privacy, confidentiality, and economic independence, as well
as information about perpetrator behavior and best practices
for holding perpetrators accountable;
‘‘(3) collaboration and training with Federal, State, tribal,
territorial, and local public agencies and officials and nonprofit,
nongovernmental organizations to improve implementation and

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PUBLIC LAW 109–162—JAN. 5, 2006
enforcement of relevant Federal, State, tribal, territorial, and
local law;
‘‘(4) enabling courts or court-based or court-related programs to develop new or enhance current—
‘‘(A) court infrastructure (such as specialized courts,
dockets, intake centers, or interpreter services);
‘‘(B) community-based initiatives within the court
system (such as court watch programs, victim assistants,
or community-based supplementary services);
‘‘(C) offender management, monitoring, and accountability programs;
‘‘(D) safe and confidential information-storage and
-sharing databases within and between court systems;
‘‘(E) education and outreach programs to improve
community access, including enhanced access for underserved populations; and
‘‘(F) other projects likely to improve court responses
to domestic violence, dating violence, sexual assault, and
stalking; and
‘‘(5) providing technical assistance to Federal, State, tribal,
territorial, or local courts wishing to improve their practices
and procedures or to develop new programs.

42 USC 14043a.

‘‘SEC. 41003. GRANT REQUIREMENTS.

‘‘Grants awarded under this subtitle shall be subject to the
following conditions:
‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees may include—
‘‘(A) Federal, State, tribal, territorial, or local courts
or court-based programs; and
‘‘(B) national, State, tribal, territorial, or local private,
nonprofit organizations with demonstrated expertise in
developing and providing judicial education about domestic
violence, dating violence, sexual assault, or stalking.
‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligible for a grant
under this section, applicants shall certify in writing that—
‘‘(A) any courts or court-based personnel working
directly with or making decisions about adult or youth
parties experiencing domestic violence, dating violence,
sexual assault, and stalking have completed or will complete education about domestic violence, dating violence,
sexual assault, and stalking;
‘‘(B) any education program developed under section
41002 has been or will be developed with significant input
from and in collaboration with a national, tribal, State,
territorial, or local victim services provider or coalition;
and
‘‘(C) the grantee’s internal organizational policies,
procedures, or rules do not require mediation or counseling
between offenders and victims physically together in cases
where domestic violence, dating violence, sexual assault,
or stalking is an issue.
42 USC
14043a–1.

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‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA.

‘‘(a) IN GENERAL.—The Attorney General, through the Director
of the Office on Violence Against Women, shall fund efforts to
develop a national education curriculum for use by State and
national judicial educators to ensure that all courts and court
personnel have access to information about relevant Federal, State,

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119 STAT. 2981

territorial, or local law, promising practices, procedures, and policies
regarding court responses to adult and youth domestic violence,
dating violence, sexual assault, and stalking.
‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed under this
section—
‘‘(1) shall be developed by an entity or entities having
demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence,
sexual assault, and stalking; or
‘‘(2) if the primary grantee does not have demonstrated
expertise with such issues, shall be developed by the primary
grantee in partnership with an organization having such expertise.
‘‘SEC. 41005. TRIBAL CURRICULA.

‘‘(a) IN GENERAL.—The Attorney General, through the Office
on Violence Against Women, shall fund efforts to develop education
curricula for tribal court judges to ensure that all tribal courts
have relevant information about promising practices, procedures,
policies, and law regarding tribal court responses to adult and
youth domestic violence, dating violence, sexual assault, and
stalking.
‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed under this
section—
‘‘(1) shall be developed by a tribal organization having
demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence,
sexual assault, and stalking; or
‘‘(2) if the primary grantee does not have such expertise,
the curricula shall be developed by the primary grantee through
partnership with organizations having such expertise.
‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $5,000,000 for each of fiscal years 2007
to 2011.
‘‘(b) AVAILABILITY.—Funds appropriated under this section shall
remain available until expended and may only be used for the
specific programs and activities described in this subtitle.
‘‘(c) SET ASIDE.—Of the amounts made available under this
subsection in each fiscal year, not less than 10 percent shall be
used for grants for tribal courts, tribal court-related programs,
and tribal nonprofits.’’.

42 USC
14043a–2.

42 USC
14043a–3.

SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

(a) ENFORCEMENT OF PROTECTION ORDERS ISSUED BY TERRITORIES.—Section 2265 of title 18, United States Code, is amended
by—
(1) striking ‘‘or Indian tribe’’ each place it appears and
inserting ‘‘, Indian tribe, or territory’’; and
(2) striking ‘‘State or tribal’’ each place it appears and
inserting ‘‘State, tribal, or territorial’’.
(b) CLARIFICATION OF ENTITIES HAVING ENFORCEMENT
AUTHORITY AND RESPONSIBILITIES.—Section 2265(a) of title 18,
United States Code, is amended by striking ‘‘and enforced as if
it were’’ and inserting ‘‘and enforced by the court and law enforcement personnel of the other State, Indian tribal government or
Territory as if it were’’.

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PUBLIC LAW 109–162—JAN. 5, 2006

(c) LIMITS ON INTERNET PUBLICATION OF PROTECTION ORDER
INFORMATION.—Section 2265(d) of title 18, United States Code,
is amended by adding at the end the following:
‘‘(3) LIMITS ON INTERNET PUBLICATION OF REGISTRATION
INFORMATION.—A State, Indian tribe, or territory shall not
make available publicly on the Internet any information
regarding the registration or filing of a protection order,
restraining order, or injunction in either the issuing or enforcing
State, tribal or territorial jurisdiction, if such publication would
be likely to publicly reveal the identity or location of the party
protected under such order. A State, Indian tribe, or territory
may share court-generated and law enforcement-generated
information contained in secure, governmental registries for
protection order enforcement purposes.’’.
(d) DEFINITIONS.—Section 2266 of title 18, United States Code,
is amended—
(1) by striking paragraph (5) and inserting the following:
‘‘(5) PROTECTION ORDER.—The term ‘protection order’
includes—
‘‘(A) any injunction, restraining order, or any other
order issued by a civil or criminal court for the purpose
of preventing violent or threatening acts or harassment
against, sexual violence, or contact or communication with
or physical proximity to, another person, including any
temporary or final order issued by a civil or criminal court
whether obtained by filing an independent action or as
a pendente lite order in another proceeding so long as
any civil or criminal order was issued in response to a
complaint, petition, or motion filed by or on behalf of a
person seeking protection; and
‘‘(B) any support, child custody or visitation provisions,
orders, remedies or relief issued as part of a protection
order, restraining order, or injunction pursuant to State,
tribal, territorial, or local law authorizing the issuance
of protection orders, restraining orders, or injunctions for
the protection of victims of domestic violence, sexual
assault, dating violence, or stalking.’’; and
(2) in clauses (i) and (ii) of paragraph (7)(A), by striking
‘‘2261A, a spouse or former spouse of the abuser, a person
who shares a child in common with the abuser, and a person
who cohabits or has cohabited as a spouse with the abuser’’
and inserting ‘‘2261A—
‘‘(I) a spouse or former spouse of the abuser,
a person who shares a child in common with the
abuser, and a person who cohabits or has cohabited
as a spouse with the abuser; or
‘‘(II) a person who is or has been in a social
relationship of a romantic or intimate nature with
the abuser, as determined by the length of the
relationship, the type of relationship, and the frequency of interaction between the persons involved
in the relationship’’.

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PUBLIC LAW 109–162—JAN. 5, 2006
SEC.

107.

119 STAT. 2983

PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL VIOLENCE, AND
STALKING.

The Violence Against Women Act of 1994 (108 Stat. 1902 et
seq.) is amended by adding at the end the following:

‘‘Subtitle K—Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking
‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.

42 USC 14043b.

‘‘The Attorney General, through the Director of the Office on
Violence Against Women, may award grants under this subtitle
to States, Indian tribes, territories, or local agencies or nonprofit,
nongovernmental organizations to ensure that personally identifying information of adult, youth, and child victims of domestic
violence, sexual violence, stalking, and dating violence shall not
be released or disclosed to the detriment of such victimized persons.
‘‘SEC. 41102. PURPOSE AREAS.

‘‘Grants made under this subtitle may be used—
‘‘(1) to develop or improve protocols, procedures, and policies for the purpose of preventing the release of personally
identifying information of victims (such as developing alternative identifiers);
‘‘(2) to defray the costs of modifying or improving existing
databases, registries, and victim notification systems to ensure
that personally identifying information of victims is protected
from release, unauthorized information sharing and disclosure;
‘‘(3) to develop confidential opt out systems that will enable
victims of violence to make a single request to keep personally
identifying information out of multiple databases, victim
notification systems, and registries; or
‘‘(4) to develop safe uses of technology (such as notice
requirements regarding electronic surveillance by government
entities), to protect against abuses of technology (such as electronic or GPS stalking), or providing training for law enforcement on high tech electronic crimes of domestic violence, dating
violence, sexual assault, and stalking.
‘‘SEC. 41103. ELIGIBLE ENTITIES.

‘‘Entities eligible for grants under this subtitle include—
‘‘(1) jurisdictions or agencies within jurisdictions having
authority or responsibility for developing or maintaining public
databases, registries or victim notification systems;
‘‘(2) nonprofit nongovernmental victim advocacy organizations having expertise regarding confidentiality, privacy, and
information technology and how these issues are likely to
impact the safety of victims;
‘‘(3) States or State agencies;
‘‘(4) local governments or agencies;
‘‘(5) Indian tribal governments or tribal organizations;
‘‘(6) territorial governments, agencies, or organizations; or

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42 USC
14043b–1.

42 USC
14043b–2.

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PUBLIC LAW 109–162—JAN. 5, 2006
‘‘(7) nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault
coalitions.

42 USC
14043b–3.

‘‘SEC. 41104. GRANT CONDITIONS.

42 USC
14043b–4.

‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

‘‘Applicants described in paragraph (1) and paragraphs (3)
through (6) shall demonstrate that they have entered into a significant partnership with a State, tribal, territorial, or local victim
service or advocacy organization or condition in order to develop
safe, confidential, and effective protocols, procedures, policies, and
systems for protecting personally identifying information of victims.
‘‘(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $5,000,000 for each of fiscal years 2007
through 2011.
‘‘(b) TRIBAL ALLOCATION.—Of the amount made available under
this section in each fiscal year, 10 percent shall be used for grants
to Indian tribes for programs that assist victims of domestic
violence, dating violence, stalking, and sexual assault.
‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—Of the amount
made available under this section in each fiscal year, not less
than 5 percent shall be used for grants to organizations that have
expertise in confidentiality, privacy, and technology issues
impacting victims of domestic violence, dating violence, sexual
assault, and stalking to provide technical assistance and training
to grantees and non-grantees on how to improve safety, privacy,
confidentiality, and technology to protect victimized persons.’’.
SEC. 108. SEX OFFENDER MANAGEMENT.

Section 40152 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and inserting the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $3,000,000 for each
of fiscal years 2007 through 2011.’’.
SEC. 109. STALKER DATABASE.

Section 40603 of the Violence Against Women Act of 1994
(42 U.S.C. 14032) is amended—
(1) by striking ‘‘2001’’ and inserting ‘‘2007’’; and
(2) by striking ‘‘2006’’ and inserting ‘‘2011’’.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
108 Stat. 1910

Section 40114 of the Violence Against Women Act of 1994
(Public Law 103–322) is amended to read as follows:
‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

‘‘There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim assistants for the
prosecution of sex crimes and domestic violence crimes where
applicable (such as the District of Columbia), $1,000,000 for each
of fiscal years 2007 through 2011.’’.
42 USC 14044f.

SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.

(a) DEFINITIONS.—In this section:
(1) ACT OF TRAFFICKING.—The term ‘‘act of trafficking’’
means an act or practice described in paragraph (8) of section

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119 STAT. 2985

103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
State or a local government.
(3) STATE.—The term ‘‘State’’ means any State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, American
Samoa, and any other territory or possession of the United
States.
(4) VICTIM OF TRAFFICKING.—The term ‘‘victim of trafficking’’ means a person subjected to an act of trafficking.
(b) GRANTS AUTHORIZED.—The Attorney General may award
grants to eligible entities to provide training to State and local
law enforcement personnel to identify and protect victims of trafficking.
(c) USE OF FUNDS.—A grant awarded under this section shall
be used to—
(1) train law enforcement personnel to identify and protect
victims of trafficking, including training such personnel to utilize Federal, State, or local resources to assist victims of trafficking;
(2) train law enforcement or State or local prosecutors
to identify, investigate, or prosecute acts of trafficking; or
(3) train law enforcement or State or local prosecutors
to utilize laws that prohibit acts of trafficking and to assist
in the development of State and local laws to prohibit acts
of trafficking.
(d) RESTRICTIONS.—
(1) ADMINISTRATIVE EXPENSES.—An eligible entity that
receives a grant under this section may use not more than
5 percent of the total amount of such grant for administrative
expenses.
(2) NONEXCLUSIVITY.—Nothing in this section may be construed to restrict the ability of an eligible entity to apply
for or obtain funding from any other source to carry out the
training described in subsection (c).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $10,000,000 for each of the fiscal years 2007
through 2011 to carry out the provisions of this section.
SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL
ADVOCATE PROGRAM.

(a) FINDINGS.—Section 215 of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13011) is amended by striking paragraphs (1)
and (2) and inserting the following:
‘‘(1) Court Appointed Special Advocates, who may serve
as guardians ad litem, are trained volunteers appointed by
courts to advocate for the best interests of children who are
involved in the juvenile and family court system due to abuse
or neglect; and
‘‘(2) in 2003, Court Appointed Special Advocate volunteers
represented 288,000 children, more than 50 percent of the
estimated 540,000 children in foster care because of substantiated cases of child abuse or neglect.’’.

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119 STAT. 2986

42 USC 13014.
42 USC 13013a.

PUBLIC LAW 109–162—JAN. 5, 2006

(b) IMPLEMENTATION DATE.—Section 216 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking
‘‘January 1, 1995’’ and inserting ‘‘January 1, 2010’’.
(c) CLARIFICATION OF PROGRAM GOALS.—Section 217 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13013) is amended—
(1) in subsection (a), by striking ‘‘to expand’’ and inserting
‘‘to initiate, sustain, and expand’’;
(2) subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘subsection (a) shall be’’ and
inserting the following: ‘‘subsection (a)—
‘‘(A) shall be’’;
(ii) by striking ‘‘(2) may be’’ and inserting the
following:
‘‘(B) may be’’; and
(iii) in subparagraph (B) (as redesignated), by
striking ‘‘to initiate or expand’’ and inserting ‘‘to initiate, sustain, and expand’’; and
(B) in the first sentence of paragraph (2)—
(i) by striking ‘‘(1)(a)’’ and inserting ‘‘(1)(A)’’; and
(ii) striking ‘‘to initiate and to expand’’ and
inserting ‘‘to initiate, sustain, and expand’’; and
(3) by adding at the end the following:
‘‘(d) BACKGROUND CHECKS.—State and local Court Appointed
Special Advocate programs are authorized to request fingerprintbased criminal background checks from the Federal Bureau of
Investigation’s criminal history database for prospective volunteers.
The requesting program is responsible for the reasonable costs
associated with the Federal records check.’’.
(d) REPORT.—Subtitle B of title II of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13011 et seq.) is amended—
(1) by redesignating section 218 as section 219; and
(2) by inserting after section 217 the following new section:
‘‘SEC. 218. REPORT.

‘‘(a) REPORT REQUIRED.—Not later than December 31, 2006,
the Inspector General of the Department of Justice shall submit
to Congress a report on the types of activities funded by the National
Court-Appointed Special Advocate Association and a comparison
of outcomes in cases where court-appointed special advocates are
involved and cases where court-appointed special advocates are
not involved.
‘‘(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following:
‘‘(1) The types of activities the National Court-Appointed
Special Advocate Association has funded since 1993.
‘‘(2) The outcomes in cases where court-appointed special
advocates are involved as compared to cases where courtappointed special advocates are not involved, including—
‘‘(A) the length of time a child spends in foster care;
‘‘(B) the extent to which there is an increased provision
of services;
‘‘(C) the percentage of cases permanently closed; and
‘‘(D) achievement of the permanent plan for reunification or adoption.’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—

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119 STAT. 2987

(1) AUTHORIZATION.—Section 219 of the Victims of Child
Abuse Act of 1990, as redesignated by subsection (d), is
amended by striking subsection (a) and inserting the following:
‘‘(a) AUTHORIZATION.—There is authorized to be appropriated
to carry out this subtitle $12,000,000 for each of fiscal years 2007
through 2011.’’.
(2) PROHIBITION ON LOBBYING.—Section 219 of the Victims
of Child Abuse Act of 1990, as redesignated by subsection
(d) and amended by paragraphs (1) and (2), is further amended
by adding at the end the following new subsection:
‘‘(c) PROHIBITION ON LOBBYING.—No funds authorized under
this subtitle may be used for lobbying activities in contravention
of OMB Circular No. A–122.’’.

42 USC 13014.

SEC. 113. PREVENTING CYBERSTALKING.

(a) IN GENERAL.—Paragraph (1) of section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) in the case of subparagraph (C) of subsection
(a)(1), includes any device or software that can be used
to originate telecommunications or other types of communications that are transmitted, in whole or in part, by
the Internet (as such term is defined in section 1104 of
the Internet Tax Freedom Act (47 U.S.C. 151 note)).’’.
(b) RULE OF CONSTRUCTION.—This section and the amendment
made by this section may not be construed to affect the meaning
given the term ‘‘telecommunications device’’ in section 223(h)(1)
of the Communications Act of 1934, as in effect before the date
of the enactment of this section.

47 USC 223 note.

SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

(a) INTERSTATE STALKING.—Section 2261A of title 18, United
States Code, is amended to read as follows:
‘‘§ 2261A. Stalking
‘‘Whoever—
‘‘(1) travels in interstate or foreign commerce or within
the special maritime and territorial jurisdiction of the United
States, or enters or leaves Indian country, with the intent
to kill, injure, harass, or place under surveillance with intent
to kill, injure, harass, or intimidate another person, and in
the course of, or as a result of, such travel places that person
in reasonable fear of the death of, or serious bodily injury
to, or causes substantial emotional distress to that person,
a member of the immediate family (as defined in section 115)
of that person, or the spouse or intimate partner of that person;
or
‘‘(2) with the intent—
‘‘(A) to kill, injure, harass, or place under surveillance
with intent to kill, injure, harass, or intimidate, or cause
substantial emotional distress to a person in another State
or tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or

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‘‘(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death
of, or serious bodily injury to—
‘‘(i) that person;
‘‘(ii) a member of the immediate family (as defined
in section 115 of that person; or
‘‘(iii) a spouse or intimate partner of that person;
uses the mail, any interactive computer service, or any
facility of interstate or foreign commerce to engage in a
course of conduct that causes substantial emotional distress
to that person or places that person in reasonable fear
of the death of, or serious bodily injury to, any of the
persons described in clauses (i) through (iii) of subparagraph (B);
shall be punished as provided in section 2261(b) of this title.’’.
(b) ENHANCED PENALTIES FOR STALKING.—Section 2261(b) of
title 18, United States Code, is amended by adding at the end
the following:
‘‘(6) Whoever commits the crime of stalking in violation
of a temporary or permanent civil or criminal injunction,
restraining order, no-contact order, or other order described
in section 2266 of title 18, United States Code, shall be punished
by imprisonment for not less than 1 year.’’.
SEC. 115. REPEAT OFFENDER PROVISION.

Chapter 110A of title 18, United States Code, is amended
by adding after section 2265 the following:
‘‘§ 2265A. Repeat offenders
‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term
of imprisonment for a violation of this chapter after a prior domestic
violence or stalking offense shall be twice the term otherwise provided under this chapter.
‘‘(b) DEFINITION.—For purposes of this section—
‘‘(1) the term ‘prior domestic violence or stalking offense’
means a conviction for an offense—
‘‘(A) under section 2261, 2261A, or 2262 of this chapter;
or
‘‘(B) under State law for an offense consisting of conduct that would have been an offense under a section
referred to in subparagraph (A) if the conduct had occurred
within the special maritime and territorial jurisdiction of
the United States, or in interstate or foreign commerce;
and
‘‘(2) the term ‘State’ means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.’’.
SEC. 116. PROHIBITING DATING VIOLENCE.

(a) IN GENERAL.—Section 2261(a) of title 18, United States
Code, is amended—
(1) in paragraph (1), striking ‘‘or intimate partner’’ and
inserting ‘‘, intimate partner, or dating partner’’; and
(2) in paragraph (2), striking ‘‘or intimate partner’’ and
inserting ‘‘, intimate partner, or dating partner’’.
(b) DEFINITION.—Section 2266 of title 18, United States Code,
is amended by adding at the end the following:

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‘‘(10) DATING PARTNER.—The term ‘dating partner’ refers
to a person who is or has been in a social relationship of
a romantic or intimate nature with the abuser and the existence
of such a relationship based on a consideration of—
‘‘(A) the length of the relationship; and
‘‘(B) the type of relationship; and
‘‘(C) the frequency of interaction between the persons
involved in the relationship.’’.
SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.

(a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of title 18, United
States Code, is amended by inserting after ‘‘Indian country’’ the
following: ‘‘or within the special maritime and territorial jurisdiction
of the United States’’.
(b) PROTECTION ORDER.—Section 2262(a)(1) of title 18, United
States Code, is amended by inserting after ‘‘Indian country’’ the
following: ‘‘or within the special maritime and territorial jurisdiction
of the United States’’.
SEC. 118. UPDATING PROTECTION ORDER DEFINITION.

Section 534 of title 28, United States Code, is amended by
striking subsection (e)(3)(B) and inserting the following:
‘‘(B) the term ‘protection order’ includes—
‘‘(i) any injunction, restraining order, or any other
order issued by a civil or criminal court for the purpose
of preventing violent or threatening acts or harassment
against, sexual violence or contact or communication
with or physical proximity to, another person, including
any temporary or final orders issued by civil or criminal
courts whether obtained by filing an independent
action or as a pendente lite order in another proceeding
so long as any civil order was issued in response to
a complaint, petition, or motion filed by or on behalf
of a person seeking protection; and
‘‘(ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a
protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law
authorizing the issuance of protection orders,
restraining orders, or injunctions for the protection
of victims of domestic violence, dating violence, sexual
assault, or stalking.’’.
SEC. 119. GAO STUDY AND REPORT.

(a) STUDY REQUIRED.—The Comptroller General shall conduct
a study to establish the extent to which men, women, youth, and
children are victims of domestic violence, dating violence, sexual
assault, and stalking and the availability to all victims of shelter,
counseling, legal representation, and other services commonly provided to victims of domestic violence.
(b) ACTIVITIES UNDER STUDY.—In conducting the study, the
following shall apply:
(1) CRIME STATISTICS.—The Comptroller General shall not
rely only on crime statistics, but may also use existing research
available, including public health studies and academic studies.
(2) SURVEY.—The Comptroller General shall survey the
Department of Justice, as well as any recipients of Federal

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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.
42 USC 14045.

SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.

(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—From amounts made available to carry
out this section, the Attorney General, acting through the
Director of the Office on Violence Against Women, shall award
grants to eligible entities described in subsection (b) to carry
out local, regional, or national public information campaigns
focused on addressing adult, youth, or minor domestic violence,
dating violence, sexual assault, stalking, or trafficking within
tribal and underserved populations and immigrant communities, including information on services available to victims
and ways to prevent or reduce domestic violence, dating
violence, sexual assault, and stalking.
(2) TERM.—The Attorney General shall award grants under
this section for a period of 1 fiscal year.
(b) ELIGIBLE ENTITIES.—Eligible entities under this section
are—
(1) nonprofit, nongovernmental organizations or coalitions
that represent the targeted tribal and underserved populations
or immigrant community that—
(A) have a documented history of creating and administering effective public awareness campaigns addressing
domestic violence, dating violence, sexual assault, and
stalking; or
(B) work in partnership with an organization that has
a documented history of creating and administering effective public awareness campaigns addressing domestic
violence, dating violence, sexual assault, and stalking; or
(2) a governmental entity that demonstrates a partnership
with organizations described in paragraph (1).
(c) ALLOCATION OF FUNDS.—Of the amounts appropriated for
grants under this section—
(1) not more than 20 percent shall be used for national
model campaign materials targeted to specific tribal and underserved populations or immigrant community, including American Indian tribes and Alaskan native villages for the purposes
of research, testing, message development, and preparation of
materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting specific
communities with information and materials developed through
the national campaign or, if appropriate, new materials to
reach an underserved population or a particularly isolated
community.

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(d) USE OF FUNDS.—Funds appropriated under this section
shall be used to conduct a public information campaign and build
the capacity and develop leadership of racial, ethnic populations,
or immigrant community members to address domestic violence,
dating violence, sexual assault, and stalking.
(e) APPLICATION.—An eligible entity desiring a grant under
this section shall submit an application to the Director of the
Office on Violence Against Women at such time, in such form,
and in such manner as the Director may prescribe.
(f) CRITERIA.—In awarding grants under this section, the
Attorney General shall ensure—
(1) reasonable distribution among eligible grantees representing various underserved and immigrant communities;
(2) reasonable distribution among State, regional, territorial, tribal, and local campaigns; and
(3) that not more than 8 percent of the total amount
appropriated under this section for each fiscal year is set aside
for training, technical assistance, and data collection.
(g) REPORTS.—Each eligible entity receiving a grant under this
section shall submit to the Director of the Office of Violence Against
Women, every 18 months, a report that describes the activities
carried out with grant funds.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $2,000,000 for each
of fiscal years 2007 through 2011.
SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY SPECIFIC
SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

42 USC 14045a.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section, the Attorney General, through the Director of the Violence
Against Women Office (referred to in this section as the
‘‘Director’’), shall take 5 percent of such appropriated amounts
and combine them to establish a new grant program to enhance
culturally and linguistically specific services for victims of
domestic violence, dating violence, sexual assault, and stalking.
Grants made under this new program shall be administered
by the Director.
(2) PROGRAMS COVERED.—The programs covered by paragraph (1) are the programs carried out under the following
provisions:
(A) Section 2101 (42 U.S.C. 3796hh), Grants to Encourage Arrest Policies.
(B) Section 1201 of the Violence Against Women Act
of 2000 (42 U.S.C. 3796gg–6), Legal Assistance for Victims.
(C) Section 40295 of the Violence Against Women Act
of 1994 (42 U.S.C. 13971), Rural Domestic Violence and
Child Abuser Enforcement Assistance.
(D) Section lll of the Violence Against Women Act
of 1994 (42 U.S.C. lll), Older Battered Women.
(E) Section lll of the Violence Against Women Act
of 2000 (42 U.S.C. lll), Disabled Women Program.
(b) PURPOSE OF PROGRAM AND GRANTS.—
(1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by this section is to promote:

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(A) The maintenance and replication of existing
successful services in domestic violence, dating violence,
sexual assault, and stalking community-based programs
providing culturally and linguistically specific services and
other resources.
(B) The development of innovative culturally and
linguistically specific strategies and projects to enhance
access to services and resources for victims of domestic
violence, dating violence, sexual assault, and stalking who
face obstacles to using more traditional services and
resources.
(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The
Director shall make grants to community-based programs for
the purpose of enhancing culturally and linguistically specific
services for victims of domestic violence, dating violence, sexual
assault, and stalking. Grants under the program shall support
community-based efforts to address distinctive cultural and
linguistic responses to domestic violence, dating violence, sexual
assault, and stalking.
(3) TECHNICAL ASSISTANCE AND TRAINING.—The Director
shall provide technical assistance and training to grantees of
this and other programs under this Act regarding the development and provision of effective culturally and linguistically
specific community-based services by entering into cooperative
agreements or contracts with an organization or organizations
having a demonstrated expertise in and whose primary purpose
is addressing the development and provision of culturally and
linguistically specific community-based services to victims of
domestic violence, dating violence, sexual assault, and stalking.
(c) ELIGIBLE ENTITIES.—Eligible entities for grants under this
Section include—
(1) community-based programs whose primary purpose is
providing culturally and linguistically specific services to victims of domestic violence, dating violence, sexual assault, and
stalking; and
(2) community-based programs whose primary purpose is
providing culturally and linguistically specific services who can
partner with a program having demonstrated expertise in
serving victims of domestic violence, dating violence, sexual
assault, and stalking.
(d) REPORTING.—The Director shall issue a biennial report on
the distribution of funding under this section, the progress made
in replicating and supporting increased services to victims of
domestic violence, dating violence, sexual assault, and stalking
who face obstacles to using more traditional services and resources,
and the types of culturally and linguistically accessible programs,
strategies, technical assistance, and training developed or enhanced
through this program.
(e) GRANT PERIOD.—The Director shall award grants for a
2-year period, with a possible extension of another 2 years to
implement projects under the grant.
(f) EVALUATION.—The Director shall award a contract or
cooperative agreement to evaluate programs under this section
to an entity with the demonstrated expertise in and primary goal
of providing enhanced cultural and linguistic access to services
and resources for victims of domestic violence, dating violence,

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sexual assault, and stalking who face obstacles to using more traditional services and resources.
(g) NON-EXCLUSIVITY.—Nothing in this Section shall be interpreted to exclude linguistic and culturally specific community-based
programs from applying to other grant programs authorized under
this Act.

TITLE II—IMPROVING SERVICES FOR
VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING
SEC. 201. FINDINGS.

Congress finds the following:
(1) Nearly 1⁄3 of American women report physical or sexual
abuse by a husband or boyfriend at some point in their lives.
(2) According to the National Crime Victimization Survey,
248,000 Americans 12 years of age and older were raped or
sexually assaulted in 2002.
(3) Rape and sexual assault in the United States is estimated to cost $127,000,000,000 per year, including—
(A) lost productivity;
(B) medical and mental health care;
(C) police and fire services;
(D) social services;
(E) loss of and damage to property; and
(F) reduced quality of life.
(4) Nonreporting of sexual assault in rural areas is a particular problem because of the high rate of nonstranger sexual
assault.
(5) Geographic isolation often compounds the problems
facing sexual assault victims. The lack of anonymity and accessible support services can limit opportunities for justice for
victims.
(6) Domestic elder abuse is primarily family abuse. The
National Elder Abuse Incidence Study found that the perpetrator was a family member in 90 percent of cases.
(7) Barriers for older victims leaving abusive relationships
include—
(A) the inability to support themselves;
(B) poor health that increases their dependence on
the abuser;
(C) fear of being placed in a nursing home; and
(D) ineffective responses by domestic abuse programs
and law enforcement.
(8) Disabled women comprise another vulnerable population with unmet needs. Women with disabilities are more
likely to be the victims of abuse and violence than women
without disabilities because of their increased physical, economic, social, or psychological dependence on others.
(9) Many women with disabilities also fail to report the
abuse, since they are dependent on their abusers and fear
being abandoned or institutionalized.
(10) Of the 598 battered women’s programs surveyed—

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(A) only 35 percent of these programs offered disability
awareness training for their staff; and
(B) only 16 percent dedicated a staff member to provide
services to women with disabilities.
(11) Problems of domestic violence are exacerbated for
immigrants when spouses control the immigration status of
their family members, and abusers use threats of refusal to
file immigration papers and threats to deport spouses and
children as powerful tools to prevent battered immigrant
women from seeking help, trapping battered immigrant women
in violent homes because of fear of deportation.
(12) Battered immigrant women who attempt to flee abusive relationships may not have access to bilingual shelters
or bilingual professionals, and face restrictions on public or
financial assistance. They may also lack assistance of a certified
interpreter in court, when reporting complaints to the police
or a 9–1–1 operator, or even in acquiring information about
their rights and the legal system.
(13) More than 500 men and women call the National
Domestic Violence Hotline every day to get immediate,
informed, and confidential assistance to help deal with family
violence.
(14) The National Domestic Violence Hotline service is
available, toll-free, 24 hours a day and 7 days a week, with
bilingual staff, access to translators in 150 languages, and
a TTY line for the hearing-impaired.
(15) With access to over 5,000 shelters and service providers
across the United States, Puerto Rico, and the United States
Virgin Islands, the National Domestic Violence Hotline provides
crisis intervention and immediately connects callers with
sources of help in their local community.
(16) Approximately 60 percent of the callers indicate that
calling the Hotline is their first attempt to address a domestic
violence situation and that they have not called the police
or any other support services.
(17) Between 2000 and 2003, there was a 27 percent
increase in call volume at the National Domestic Violence Hotline.
(18) Improving technology infrastructure at the National
Domestic Violence Hotline and training advocates, volunteers,
and other staff on upgraded technology will drastically increase
the Hotline’s ability to answer more calls quickly and effectively.

SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

Part T of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting
after section 2012, as added by this Act, the following:
42 USC
3796gg–9.

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‘‘SEC. 2014. SEXUAL ASSAULT SERVICES.

‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to assist States, Indian tribes, and territories in providing intervention, advocacy, accompaniment, support services,
and related assistance for—
‘‘(A) adult, youth, and child victims of sexual assault;
‘‘(B) family and household members of such victims;
and

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‘‘(C) those collaterally affected by the victimization,
except for the perpetrator of such victimization;
‘‘(2) to provide for technical assistance and training relating
to sexual assault to—
‘‘(A) Federal, State, tribal, territorial and local governments, law enforcement agencies, and courts;
‘‘(B) professionals working in legal, social service, and
health care settings;
‘‘(C) nonprofit organizations;
‘‘(D) faith-based organizations; and
‘‘(E) other individuals and organizations seeking such
assistance.
‘‘(b) GRANTS TO STATES AND TERRITORIES.—
‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall
award grants to States and territories to support the establishment, maintenance, and expansion of rape crisis centers and
other programs and projects to assist those victimized by sexual
assault.
‘‘(2) ALLOCATION AND USE OF FUNDS.—
‘‘(A) ADMINISTRATIVE COSTS.—Not more than 5 percent
of the grant funds received by a State or territory governmental agency under this subsection for any fiscal year
may be used for administrative costs.
‘‘(B) GRANT FUNDS.—Any funds received by a State
or territory under this subsection that are not used for
administrative costs shall be used to provide grants to
rape crisis centers and other nonprofit, nongovernmental
organizations for programs and activities within such State
or territory that provide direct intervention and related
assistance.
‘‘(C) INTERVENTION AND RELATED ASSISTANCE.—Intervention and related assistance under subparagraph (B)
may include—
‘‘(i) 24 hour hotline services providing crisis intervention services and referral;
‘‘(ii) accompaniment and advocacy through medical, criminal justice, and social support systems,
including medical facilities, police, and court proceedings;
‘‘(iii) crisis intervention, short-term individual and
group support services, and comprehensive service
coordination and supervision to assist sexual assault
victims and family or household members;
‘‘(iv) information and referral to assist the sexual
assault victim and family or household members;
‘‘(v) community-based, linguistically and culturally
specific services and support mechanisms, including
outreach activities for underserved communities; and
‘‘(vi) the development and distribution of materials
on issues related to the services described in clauses
(i) through (v).
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time and in such manner as
the Attorney General may reasonably require.

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‘‘(B) CONTENTS.—Each application submitted under
subparagraph (A) shall—
‘‘(i) set forth procedures designed to ensure meaningful involvement of the State or territorial sexual
assault coalition and representatives from underserved
communities in the development of the application and
the implementation of the plans;
‘‘(ii) set forth procedures designed to ensure an
equitable distribution of grants and grant funds within
the State or territory and between urban and rural
areas within such State or territory;
‘‘(iii) identify the State or territorial agency that
is responsible for the administration of programs and
activities; and
‘‘(iv) meet other such requirements as the Attorney
General reasonably determines are necessary to carry
out the purposes and provisions of this section.
‘‘(4) MINIMUM AMOUNT.—The Attorney General shall allocate to each State not less than 1.50 percent of the total
amount appropriated in a fiscal year for grants under this
section, except that the United States Virgin Islands, American
Samoa, Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each
be allocated 0.125 percent of the total appropriations. The
remaining funds shall be allotted to each State and each territory in an amount that bears the same ratio to such remaining
funds as the population of such State and such territory bears
to the population of the combined States or the population
of the combined territories.
‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS ADDRESSING
SEXUAL ASSAULT.—
‘‘(1) GRANTS AUTHORIZED.—The Attorney General shall
award grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific intervention
and related assistance for victims of sexual assault.
‘‘(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant
under this section, an entity shall—
‘‘(A) be a private nonprofit organization that focuses
primarily on culturally specific communities;
‘‘(B) must have documented organizational experience
in the area of sexual assault intervention or have entered
into a partnership with an organization having such expertise;
‘‘(C) have expertise in the development of communitybased, linguistically and culturally specific outreach and
intervention services relevant for the specific communities
to whom assistance would be provided or have the capacity
to link to existing services in the community tailored to
the needs of culturally specific populations; and
‘‘(D) have an advisory board or steering committee
and staffing which is reflective of the targeted culturally
specific community.
‘‘(3) AWARD BASIS.—The Attorney General shall award
grants under this section on a competitive basis.
‘‘(4) DISTRIBUTION.—
‘‘(A) The Attorney General shall not use more than
2.5 percent of funds appropriated under this subsection

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in any year for administration, monitoring, and evaluation
of grants made available under this subsection.
‘‘(B) Up to 5 percent of funds appropriated under this
subsection in any year shall be available for technical
assistance by a national, nonprofit, nongovernmental
organization or organizations whose primary focus and
expertise is in addressing sexual assault within underserved culturally specific populations.
‘‘(5) TERM.—The Attorney General shall make grants under
this section for a period of no less than 2 fiscal years.
‘‘(6) REPORTING.—Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities carried out with such grant funds.
‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL SEXUAL
ASSAULT COALITIONS.—
‘‘(1) GRANTS AUTHORIZED.—
‘‘(A) IN GENERAL.—The Attorney General shall award
grants to State, territorial, and tribal sexual assault coalitions to assist in supporting the establishment, maintenance, and expansion of such coalitions.
‘‘(B) MINIMUM AMOUNT.—Not less than 10 percent of
the total amount appropriated to carry out this section
shall be used for grants under subparagraph (A).
‘‘(C) ELIGIBLE APPLICANTS.—Each of the State, territorial, and tribal sexual assault coalitions.
‘‘(2) USE OF FUNDS.—Grant funds received under this subsection may be used to—
‘‘(A) work with local sexual assault programs and other
providers of direct services to encourage appropriate
responses to sexual assault within the State, territory,
or tribe;
‘‘(B) work with judicial and law enforcement agencies
to encourage appropriate responses to sexual assault cases;
‘‘(C) work with courts, child protective services agencies, and children’s advocates to develop appropriate
responses to child custody and visitation issues when sexual
assault has been determined to be a factor;
‘‘(D) design and conduct public education campaigns;
‘‘(E) plan and monitor the distribution of grants and
grant funds to their State, territory, or tribe; or
‘‘(F) collaborate with and inform Federal, State, or
local public officials and agencies to develop and implement
policies to reduce or eliminate sexual assault.
‘‘(3) ALLOCATION AND USE OF FUNDS.—From amounts appropriated for grants under this subsection for each fiscal year—
‘‘(A) not less than 10 percent of the funds shall be
available for grants to tribal sexual assault coalitions; and
‘‘(B) the remaining funds shall be available for grants
to State and territorial coalitions, and the Attorney General
shall allocate an amount equal to 1⁄56 of the amounts so
appropriated to each of those State and territorial coalitions.
‘‘(4) APPLICATION.—Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time, in such manner, and containing
such information as the Attorney General determines to be
essential to carry out the purposes of this section.

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‘‘(5) FIRST-TIME APPLICANTS.—No entity shall be prohibited
from submitting an application under this subsection during
any fiscal year for which funds are available under this subsection because such entity has not previously applied or
received funding under this subsection.
‘‘(e) GRANTS TO TRIBES.—
‘‘(1) GRANTS AUTHORIZED.—The Attorney General may
award grants to Indian tribes, tribal organizations, and nonprofit tribal organizations for the operation of sexual assault
programs or projects in Indian country and Alaska Native
villages to support the establishment, maintenance, and expansion of programs and projects to assist those victimized by
sexual assault.
‘‘(2) ALLOCATION AND USE OF FUNDS.—
‘‘(A) ADMINISTRATIVE COSTS.—Not more than 5 percent
of the grant funds received by an Indian tribe, tribal
organization, and nonprofit tribal organization under this
subsection for any fiscal year may be used for administrative costs.
‘‘(B) GRANT FUNDS.—Any funds received under this
subsection that are not used for administrative costs shall
be used to provide grants to tribal organizations and nonprofit tribal organizations for programs and activities
within Indian country and Alaskan native villages that
provide direct intervention and related assistance.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2007 through 2011
to carry out the provisions of this section.
‘‘(2) ALLOCATIONS.—Of the total amounts appropriated for
each fiscal year to carry out this section—
‘‘(A) not more than 2.5 percent shall be used by the
Attorney General for evaluation, monitoring, and other
administrative costs under this section;
‘‘(B) not more than 2.5 percent shall be used for the
provision of technical assistance to grantees and subgrantees under this section;
‘‘(C) not less than 65 percent shall be used for grants
to States and territories under subsection (b);
‘‘(D) not less than 10 percent shall be used for making
grants to State, territorial, and tribal sexual assault coalitions under subsection (d);
‘‘(E) not less than 10 percent shall be used for grants
to tribes under subsection (e); and
‘‘(F) not less than 10 percent shall be used for grants
for culturally specific programs addressing sexual assault
under subsection (c).’’.

SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND
CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.

Section 40295 of the Safe Homes for Women Act of 1994 (42
U.S.C. 13971) is amended to read as follows:
‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.

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

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‘‘(1) to identify, assess, and appropriately respond to child,
youth, and adult victims of domestic violence, sexual assault,
dating violence, and stalking in rural communities, by encouraging collaboration among—
‘‘(A) domestic violence, dating violence, sexual assault,
and stalking victim service providers;
‘‘(B) law enforcement agencies;
‘‘(C) prosecutors;
‘‘(D) courts;
‘‘(E) other criminal justice service providers;
‘‘(F) human and community service providers;
‘‘(G) educational institutions; and
‘‘(H) health care providers;
‘‘(2) to establish and expand nonprofit, nongovernmental,
State, tribal, territorial, and local government victim services
in rural communities to child, youth, and adult victims; and
‘‘(3) to increase the safety and well-being of women and
children in rural communities, by—
‘‘(A) dealing directly and immediately with domestic
violence, sexual assault, dating violence, and stalking
occurring in rural communities; and
‘‘(B) creating and implementing strategies to increase
awareness and prevent domestic violence, sexual assault,
dating violence, and stalking.
‘‘(b) GRANTS AUTHORIZED.—The Attorney General, acting
through the Director of the Office on Violence Against Women
(referred to in this section as the ‘Director’), may award grants
to States, Indian tribes, local governments, and nonprofit, public
or private entities, including tribal nonprofit organizations, to carry
out programs serving rural areas or rural communities that address
domestic violence, dating violence, sexual assault, and stalking
by—
‘‘(1) implementing, expanding, and establishing cooperative
efforts and projects among law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence, dating
violence, sexual assault, and stalking;
‘‘(2) providing treatment, counseling, advocacy, and other
long- and short-term assistance to adult and minor victims
of domestic violence, dating violence, sexual assault, and
stalking in rural communities, including assistance in immigration matters; and
‘‘(3) working in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
‘‘(c) USE OF FUNDS.—Funds appropriated pursuant to this section shall be used only for specific programs and activities expressly
described in subsection (a).
‘‘(d) ALLOTMENTS AND PRIORITIES.—
‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not less than 10 percent of the total amount made available for each fiscal year
to carry out this section shall be allocated for grants to Indian
tribes or tribal organizations.
‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.—
‘‘(A) IN GENERAL.—Not less than 25 percent of the
total amount appropriated in a fiscal year under this section shall fund services that meaningfully address sexual

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assault in rural communities, however at such time as
the amounts appropriated reach the amount of $45,000,000,
the percentage allocated shall rise to 30 percent of the
total amount appropriated, at such time as the amounts
appropriated reach the amount of $50,000,000, the percentage allocated shall rise to 35 percent of the total amount
appropriated, and at such time as the amounts appropriated reach the amount of $55,000,000, the percentage
allocated shall rise to 40 percent of the amounts appropriated.
‘‘(B) MULTIPLE PURPOSE APPLICATIONS.—Nothing in
this section shall prohibit any applicant from applying
for funding to address sexual assault, domestic violence,
stalking, or dating violence in the same application.
‘‘(3) ALLOTMENT FOR TECHNICAL ASSISTANCE.—Of the
amounts appropriated for each fiscal year to carry out this
section, not more than 8 percent may be used by the Director
for technical assistance costs. Of the amounts appropriated
in this subsection, no less than 25 percent of such amounts
shall be available to a nonprofit, nongovernmental organization
or organizations whose focus and expertise is in addressing
sexual assault to provide technical assistance to sexual assault
grantees.
‘‘(4) UNDERSERVED POPULATIONS.—In awarding grants
under this section, the Director shall give priority to the needs
of underserved populations.
‘‘(5) ALLOCATION OF FUNDS FOR RURAL STATES.—Not less
than 75 percent of the total amount made available for each
fiscal year to carry out this section shall be allocated to eligible
entities located in rural States.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
$55,000,000 for each of the fiscal years 2007 through 2011
to carry out this section.
‘‘(2) ADDITIONAL FUNDING.—In addition to funds received
through a grant under subsection (b), a law enforcement agency
may use funds received through a grant under part Q of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796dd et seq.) to accomplish the objectives of this
section.’’.

SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN WITH DISABILITIES.

(a) IN GENERAL.—Section 1402 of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg–7) is amended to read as follows:
‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END
VIOLENCE AGAINST AND ABUSE OF WOMEN WITH
DISABILITIES.

‘‘(a) IN GENERAL.—The Attorney General, in consultation with
the Secretary of Health and Human Services, may award grants
to eligible entities—
‘‘(1) to provide training, consultation, and information on
domestic violence, dating violence, stalking, and sexual assault
against individuals with disabilities (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)); and
‘‘(2) to enhance direct services to such individuals.

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‘‘(b) USE OF FUNDS.—Grants awarded under this section shall
be used—
‘‘(1) to provide personnel, training, technical assistance,
advocacy, intervention, risk reduction and prevention of
domestic violence, dating violence, stalking, and sexual assault
against disabled individuals;
‘‘(2) to conduct outreach activities to ensure that disabled
individuals who are victims of domestic violence, dating
violence, stalking, or sexual assault receive appropriate assistance;
‘‘(3) to conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving individuals with
disabilities about risk reduction, intervention, prevention and
the nature of domestic violence, dating violence, stalking, and
sexual assault for disabled individuals;
‘‘(4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure
equal access to the services, programs, and activities of victim
service organizations for disabled individuals;
‘‘(5) to provide training and technical assistance on the
requirements of shelters and victim services organizations
under Federal antidiscrimination laws, including—
‘‘(A) the Americans with Disabilities Act of 1990; and
‘‘(B) section 504 of the Rehabilitation Act of 1973;
‘‘(6) to modify facilities, purchase equipment, and provide
personnel so that shelters and victim service organizations
can accommodate the needs of disabled individuals;
‘‘(7) to provide advocacy and intervention services for disabled individuals who are victims of domestic violence, dating
violence, stalking, or sexual assault; or
‘‘(8) to develop model programs providing advocacy and
intervention services within organizations serving disabled
individuals who are victims of domestic violence, dating
violence, sexual assault, or stalking.
‘‘(c) ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—An entity shall be eligible to receive
a grant under this section if the entity is—
‘‘(A) a State;
‘‘(B) a unit of local government;
‘‘(C) an Indian tribal government or tribal organization;
or
‘‘(D) a nonprofit and nongovernmental victim services
organization, such as a State domestic violence or sexual
assault coalition or a nonprofit, nongovernmental organization serving disabled individuals.
‘‘(2) LIMITATION.—A grant awarded for the purpose
described in subsection (b)(8) shall only be awarded to an
eligible agency (as defined in section 410 of the Rehabilitation
Act of 1973 (29 U.S.C. 796f–5)).
‘‘(d) UNDERSERVED POPULATIONS.—In awarding grants under
this section, the Director shall ensure that the needs of underserved
populations are being addressed.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $10,000,000 for each of the fiscal years 2007
through 2011 to carry out this section.’’.

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SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN IN LATER LIFE.

(a) TRAINING PROGRAMS.—Section 40802 of the Violence Against
Women Act of 1994 (42 U.S.C. 14041a) is amended to read as
follows:
‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN LATER IN LIFE.

‘‘(a) GRANTS AUTHORIZED.—The Attorney General, through the
Director of the Office on Violence Against Women, may award
grants, which may be used for—
‘‘(1) training programs to assist law enforcement, prosecutors, governmental agencies, victim assistants, and relevant
officers of Federal, State, tribal, territorial, and local courts
in recognizing, addressing, investigating, and prosecuting
instances of elder abuse, neglect, and exploitation, including
domestic violence, dating violence, sexual assault, or stalking
against victims who are 50 years of age or older;
‘‘(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic violence,
dating violence, sexual assault, or stalking, who are 50 years
of age or older;
‘‘(3) creating or supporting multidisciplinary collaborative
community responses to victims of elder abuse, neglect, and
exploitation, including domestic violence, dating violence, sexual
assault, and stalking, who are 50 years of age or older; and
‘‘(4) conducting cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving victims of elder
abuse, neglect, and exploitation, including domestic violence,
dating violence, sexual assault, and stalking, who are 50 years
of age or older.
‘‘(b) ELIGIBLE ENTITIES.—An entity shall be eligible to receive
a grant under this section if the entity is—
‘‘(1) a State;
‘‘(2) a unit of local government;
‘‘(3) an Indian tribal government or tribal organization;
or
‘‘(4) a nonprofit and nongovernmental victim services
organization with demonstrated experience in assisting elderly
women or demonstrated experience in addressing domestic
violence, dating violence, sexual assault, and stalking.
‘‘(c) UNDERSERVED POPULATIONS.—In awarding grants under
this section, the Director shall ensure that services are culturally
and linguistically relevant and that the needs of underserved populations are being addressed.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 40803 of the
Violence Against Women Act of 1994 (42 U.S.C. 14041b) is amended
by striking ‘‘$5,000,000 for each of fiscal years 2001 through 2005’’
and inserting ‘‘$10,000,000 for each of the fiscal years 2007 through
2011’’.
SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.

Section 316 of the Family Violence Prevention and Services
Act (42 U.S.C. 10416) is amended—

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(1) in subsection (d)(2), by inserting ‘‘(including technology
training)’’ after ‘‘train;’’;
(2) in subsection (f)(2)(A), by inserting ‘‘, including technology training to ensure that all persons affiliated with the
hotline are able to effectively operate any technological systems
used by the hotline’’ after ‘‘hotline personnel’’; and
(3) in subsection (g)(2), by striking ‘‘shall’’ and inserting
‘‘may’’.

TITLE
III—SERVICES,
PROTECTION,
AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. FINDINGS.

Congress finds the following:
(1) Youth, under the age of 18, account for 67 percent
of all sexual assault victimizations reported to law enforcement
officials.
(2) The Department of Justice consistently finds that young
women between the ages of 16 and 24 experience the highest
rate of non-fatal intimate partner violence.
(3) In 1 year, over 4,000 incidents of rape or sexual assault
occurred in public schools across the country.
(4) Young people experience particular obstacles to seeking
help. They often do not have access to money, transportation,
or shelter services. They must overcome issues such as distrust
of adults, lack of knowledge about available resources, or pressure from peers and parents.
(5) A needs assessment on teen relationship abuse for
the State of California, funded by the California Department
of Health Services, identified a desire for confidentiality and
confusion about the law as 2 of the most significant barriers
to young victims of domestic and dating violence seeking help.
(6) Only one State specifically allows for minors to petition
the court for protection orders.
(7) Many youth are involved in dating relationships, and
these relationships can include the same kind of domestic
violence and dating violence seen in the adult population. In
fact, more than 40 percent of all incidents of domestic violence
involve people who are not married.
(8) 40 percent of girls ages 14 to 17 report knowing someone
their age who has been hit or beaten by a boyfriend, and
13 percent of college women report being stalked.
(9) Of college women who said they had been the victims
of rape or attempted rape, 12.8 percent of completed rapes,
35 percent of attempted rapes, and 22.9 percent of threatened
rapes took place on a date. Almost 60 percent of the completed
rapes that occurred on campus took place in the victim’s residence.
(10) According to a 3-year study of student-athletes at
10 Division I universities, male athletes made up only 3.3
percent of the general male university population, but they
accounted for 19 percent of the students reported for sexual
assault and 35 percent of domestic violence perpetrators.

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SEC. 302. RAPE PREVENTION AND EDUCATION.

Section 393B(c) of part J of title III of the Public Health
Service Act (42 U.S.C. 280b–1c(c)) is amended to read as follows:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $80,000,000 for each of fiscal years
2007 through 2011.
‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE CENTER ALLOTMENT.—Of the total amount made available under this subsection in each fiscal year, not less than $1,500,000 shall be
available for allotment under subsection (b).’’.
SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR
YOUNG VICTIMS OF VIOLENCE.

The Violence Against Women Act of 1994 (Public Law 103–
322, Stat. 1902 et seq.) is amended by adding at the end the
following:

‘‘Subtitle L—Services, Education, Protection and Justice for Young Victims of Violence
42 USC 14043c.

‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.

‘‘(a) GRANTS AUTHORIZED.—The Attorney General, in consultation with the Department of Health and Human Services, shall
award grants to eligible entities to conduct programs to serve youth
victims of domestic violence, dating violence, sexual assault, and
stalking. Amounts appropriated under this section may only be
used for programs and activities described under subsection (c).
‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive a grant
under this section, an entity shall be—
‘‘(1) a nonprofit, nongovernmental entity, the primary purpose of which is to provide services to teen and young adult
victims of domestic violence, dating violence, sexual assault,
or stalking;
‘‘(2) a community-based organization specializing in intervention or violence prevention services for youth;
‘‘(3) an Indian Tribe or tribal organization providing services primarily to tribal youth or tribal victims of domestic
violence, dating violence, sexual assault or stalking; or
‘‘(4) a nonprofit, nongovernmental entity providing services
for runaway or homeless youth affected by domestic or sexual
abuse.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An entity that receives a grant under
this section shall use amounts provided under the grant to
design or replicate, and implement, programs and services,
using domestic violence, dating violence, sexual assault, and
stalking intervention models to respond to the needs of youth
who are victims of domestic violence, dating violence, sexual
assault or stalking.
‘‘(2) TYPES OF PROGRAMS.—Such a program—
‘‘(A) shall provide direct counseling and advocacy for
youth and young adults, who have experienced domestic
violence, dating violence, sexual assault or stalking;

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‘‘(B) shall include linguistically, culturally, and community relevant services for underserved populations or linkages to existing services in the community tailored to the
needs of underserved populations;
‘‘(C) may include mental health services for youth and
young adults who have experienced domestic violence,
dating violence, sexual assault, or stalking;
‘‘(D) may include legal advocacy efforts on behalf of
youth and young adults with respect to domestic violence,
dating violence, sexual assault or stalking;
‘‘(E) may work with public officials and agencies to
develop and implement policies, rules, and procedures in
order to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking against youth and
young adults; and
‘‘(F) may use not more than 25 percent of the grant
funds to provide additional services and resources for youth,
including childcare, transportation, educational support,
and respite care.
‘‘(d) AWARDS BASIS.—
‘‘(1) GRANTS TO INDIAN TRIBES.—Not less than 7 percent
of funds appropriated under this section in any year shall
be available for grants to Indian Tribes or tribal organizations.
‘‘(2) ADMINISTRATION.—The Attorney General shall not use
more than 2.5 percent of funds appropriated under this section
in any year for administration, monitoring, and evaluation of
grants made available under this section.
‘‘(3) TECHNICAL ASSISTANCE.—Not less than 5 percent of
funds appropriated under this section in any year shall be
available to provide technical assistance for programs funded
under this section.
‘‘(e) TERM.—The Attorney General shall make the grants under
this section for a period of 3 fiscal years.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $15,000,000 for each
of fiscal years 2007 through 2011.
‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.

‘‘(a) PURPOSE.—It is the purpose of this section to encourage
cross training and collaboration between the courts, domestic
violence and sexual assault service providers, youth organizations
and service providers, violence prevention programs, and law
enforcement agencies, so that communities can establish and implement policies, procedures, and practices to protect and more comprehensively and effectively serve young victims of dating violence,
domestic violence, sexual assault, and stalking who are between
the ages of 12 and 24, and to engage, where necessary, other
entities addressing the safety, health, mental health, social service,
housing, and economic needs of young victims of domestic violence,
dating violence, sexual assault, and stalking, including communitybased supports such as schools, local health centers, community
action groups, and neighborhood coalitions.
‘‘(b) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—The Attorney General, through the
Director of the Office on Violence Against Women (in this
section referred to as the ‘Director’), shall make grants to
eligible entities to carry out the purposes of this section.

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‘‘(2) GRANT PERIODS.—Grants shall be awarded under this
section for a period of 2 fiscal years.
‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a grant under
this section, a grant applicant shall establish a collaboration
that—
‘‘(A) shall include a victim service provider that has
a documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking and
the effect that those forms of abuse have on young people;
‘‘(B) shall include a court or law enforcement agency
partner; and
‘‘(C) may include—
‘‘(i) batterer intervention programs or sex offender
treatment programs with specialized knowledge and
experience working with youth offenders;
‘‘(ii) community-based youth organizations that
deal specifically with the concerns and problems faced
by youth, including programs that target teen parents
and underserved communities;
‘‘(iii) schools or school-based programs designed
to provide prevention or intervention services to youth
experiencing problems;
‘‘(iv) faith-based entities that deal with the concerns and problems faced by youth;
‘‘(v) healthcare entities eligible for reimbursement
under title XVIII of the Social Security Act, including
providers that target the special needs of youth;
‘‘(vi) education programs on HIV and other sexually transmitted diseases that are designed to target
teens;
‘‘(vii) Indian Health Service, tribal child protective
services, the Bureau of Indian Affairs, or the Federal
Bureau of Investigations; or
‘‘(viii) law enforcement agencies of the Bureau of
Indian Affairs providing tribal law enforcement.
‘‘(c) USES OF FUNDS.—An entity that receives a grant under
this section shall use the funds made available through the grant
for cross-training and collaborative efforts—
‘‘(1) addressing domestic violence, dating violence, sexual
assault, and stalking, assessing and analyzing currently available services for youth and young adult victims, determining
relevant barriers to such services in a particular locality, and
developing a community protocol to address such problems
collaboratively;
‘‘(2) to establish and enhance linkages and collaboration
between—
‘‘(A) domestic violence and sexual assault service providers; and
‘‘(B) where applicable, law enforcement agencies,
courts, Federal agencies, and other entities addressing the
safety, health, mental health, social service, housing, and
economic needs of young victims of abuse, including
community-based supports such as schools, local health
centers, community action groups, and neighborhood
coalitions—
‘‘(i) to respond effectively and comprehensively to
the varying needs of young victims of abuse;

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‘‘(ii) to include linguistically, culturally, and
community relevant services for underserved populations or linkages to existing services in the community tailored to the needs of underserved populations;
and
‘‘(iii) to include where appropriate legal assistance,
referral services, and parental support;
‘‘(3) to educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff
of law enforcement agencies, Indian child welfare agencies,
youth organizations, schools, healthcare providers, and other
community prevention and intervention programs to responsibly address youth victims and perpetrators of domestic
violence, dating violence, sexual assault, and stalking;
‘‘(4) to identify, assess, and respond appropriately to dating
violence, domestic violence, sexual assault, or stalking against
teens and young adults and meet the needs of young victims
of violence; and
‘‘(5) to provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual
assault, and stalking and ensure necessary services dealing
with the health and mental health of victims are available.
‘‘(d) GRANT APPLICATIONS.—To be eligible for a grant under
this section, the entities that are members of the applicant
collaboration described in subsection (b)(3) shall jointly submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require.
‘‘(e) PRIORITY.—In awarding grants under this section, the
Director shall give priority to entities that have submitted applications in partnership with community organizations and service
providers that work primarily with youth, especially teens, and
who have demonstrated a commitment to coalition building and
cooperative problem solving in dealing with problems of dating
violence, domestic violence, sexual assault, and stalking in teen
populations.
‘‘(f) DISTRIBUTION.—In awarding grants under this section—
‘‘(1) not less than 10 percent of funds appropriated under
this section in any year shall be available to Indian tribal
governments to establish and maintain collaborations involving
the appropriate tribal justice and social services departments
or domestic violence or sexual assault service providers, the
purpose of which is to provide culturally appropriate services
to American Indian women or youth;
‘‘(2) the Director shall not use more than 2.5 percent of
funds appropriated under this section in any year for monitoring and evaluation of grants made available under this section;
‘‘(3) the Attorney General of the United States shall not
use more than 2.5 percent of funds appropriated under this
section in any year for administration of grants made available
under this section; and
‘‘(4) up to 8 percent of funds appropriated under this section
in any year shall be available to provide technical assistance
for programs funded under this section.
‘‘(g) DISSEMINATION OF INFORMATION.—Not later than 12
months after the end of the grant period under this section, the

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Director shall prepare, submit to Congress, and make widely available, including through electronic means, summaries that contain
information on—
‘‘(1) the activities implemented by the recipients of the
grants awarded under this section; and
‘‘(2) related initiatives undertaken by the Director to promote attention to dating violence, domestic violence, sexual
assault, and stalking and their impact on young victims by—
‘‘(A) the staffs of courts;
‘‘(B) domestic violence, dating violence, sexual assault,
and stalking victim service providers; and
‘‘(C) law enforcement agencies and community
organizations.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section, $5,000,000 in each
of fiscal years 2007 through 2011.
42 USC
14043c–2.

‘‘SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE
INTERSECTION BETWEEN DOMESTIC VIOLENCE AND
CHILD MALTREATMENT.

‘‘(a) PURPOSE.—The purpose of this section is to support efforts
by child welfare agencies, domestic violence or dating violence victim
services providers, courts, law enforcement, and other related
professionals and community organizations to develop collaborative
responses and services and provide cross-training to enhance
community responses to families where there is both child maltreatment and domestic violence.
‘‘(b) GRANTS AUTHORIZED.—The Secretary of the Department
of Health and Human Services (in this section referred to as the
‘Secretary’), through the Family and Youth Services Bureau, and
in consultation with the Office on Violence Against Women, shall
award grants on a competitive basis to eligible entities for the
purposes and in the manner described in this section.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2007 through 2011. Funds appropriated under this
section shall remain available until expended. Of the amounts
appropriated to carry out this section for each fiscal year, the
Secretary shall—
‘‘(1) use not more than 3 percent for evaluation, monitoring,
site visits, grantee conferences, and other administrative costs
associated with conducting activities under this section;
‘‘(2) set aside not more than 7 percent for grants to Indian
tribes to develop programs addressing child maltreatment and
domestic violence or dating violence that are operated by, or
in partnership with, a tribal organization; and
‘‘(3) set aside up to 8 percent for technical assistance and
training to be provided by organizations having demonstrated
expertise in developing collaborative community and system
responses to families in which there is both child maltreatment
and domestic violence or dating violence, which technical assistance and training may be offered to jurisdictions in the process
of developing community responses to families in which children
are exposed to child maltreatment and domestic violence or
dating violence, whether or not they are receiving funds under
this section.

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‘‘(d) UNDERSERVED POPULATIONS.—In awarding grants under
this section, the Secretary shall consider the needs of underserved
populations.
‘‘(e) GRANT AWARDS.—The Secretary shall award grants under
this section for periods of not more than 2 fiscal years.
‘‘(f) USES OF FUNDS.—Entities receiving grants under this section shall use amounts provided to develop collaborative responses
and services and provide cross-training to enhance community
responses to families where there is both child maltreatment and
domestic violence or dating violence. Amounts distributed under
this section may only be used for programs and activities described
in subsection (g).
‘‘(g) PROGRAMS AND ACTIVITIES.—The programs and activities
developed under this section shall—
‘‘(1) encourage cross training, education, service development, and collaboration among child welfare agencies, domestic
violence victim service providers, and courts, law enforcement
agencies, community-based programs, and other entities, in
order to ensure that such entities have the capacity to and
will identify, assess, and respond appropriately to—
‘‘(A) domestic violence or dating violence in homes
where children are present and may be exposed to the
violence;
‘‘(B) domestic violence or dating violence in child protection cases; and
‘‘(C) the needs of both the child and nonabusing parent;
‘‘(2) establish and implement policies, procedures, programs, and practices for child welfare agencies, domestic
violence victim service providers, courts, law enforcement agencies, and other entities, that are consistent with the principles
of protecting and increasing the immediate and long-term safety
and well being of children and non-abusing parents and caretakers;
‘‘(3) increase cooperation and enhance linkages between
child welfare agencies, domestic violence victim service providers, courts, law enforcement agencies, and other entities
to provide more comprehensive community-based services
(including health, mental health, social service, housing, and
neighborhood resources) to protect and to serve both child and
adult victims;
‘‘(4) identify, assess, and respond appropriately to domestic
violence or dating violence in child protection cases and to
child maltreatment when it co-occurs with domestic violence
or dating violence;
‘‘(5) analyze and change policies, procedures, and protocols
that contribute to overrepresentation of certain populations
in the court and child welfare system; and
‘‘(6) provide appropriate referrals to community-based programs and resources, such as health and mental health services,
shelter and housing assistance for adult and youth victims
and their children, legal assistance and advocacy for adult
and youth victims, assistance for parents to help their children
cope with the impact of exposure to domestic violence or dating
violence and child maltreatment, appropriate intervention and
treatment for adult perpetrators of domestic violence or dating
violence whose children are the subjects of child protection

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PUBLIC LAW 109–162—JAN. 5, 2006
cases, programs providing support and assistance to underserved populations, and other necessary supportive services.
‘‘(h) GRANTEE REQUIREMENTS.—
‘‘(1) APPLICATIONS.—Under this section, an entity shall prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may require, consistent with the requirements described
herein. The application shall—
‘‘(A) ensure that communities impacted by these systems or organizations are adequately represented in the
development of the application, the programs and activities
to be undertaken, and that they have a significant role
in evaluating the success of the project;
‘‘(B) describe how the training and collaboration activities will enhance or ensure the safety and economic security
of families where both child maltreatment and domestic
violence or dating violence occurs by providing appropriate
resources, protection, and support to the victimized parents
of such children and to the children themselves; and
‘‘(C) outline methods and means participating entities
will use to ensure that all services are provided in a
developmentally, linguistically and culturally competent
manner and will utilize community-based supports and
resources.
‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a grant under
this section, an entity shall be a collaboration that—
‘‘(A) shall include a State or local child welfare agency
or Indian Tribe;
‘‘(B) shall include a domestic violence or dating violence
victim service provider;
‘‘(C) shall include a law enforcement agency or Bureau
of Indian Affairs providing tribal law enforcement;
‘‘(D) may include a court; and
‘‘(E) may include any other such agencies or private
nonprofit organizations and faith-based organizations,
including community-based organizations, with the
capacity to provide effective help to the child and adult
victims served by the collaboration.

Supporting Teens
through
Education and
Protection Act of
2005.
42 USC
14043c–3.

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‘‘SEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING IN MIDDLE
AND HIGH SCHOOLS.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Supporting
Teens through Education and Protection Act of 2005’ or the ‘STEP
Act’.
‘‘(b) GRANTS AUTHORIZED.—The Attorney General, through the
Director of the Office on Violence Against Women, is authorized
to award grants to middle schools and high schools that work
with domestic violence and sexual assault experts to enable the
schools—
‘‘(1) to provide training to school administrators, faculty,
counselors, coaches, healthcare providers, security personnel,
and other staff on the needs and concerns of students who
experience domestic violence, dating violence, sexual assault,
or stalking, and the impact of such violence on students;

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‘‘(2) to develop and implement policies in middle and high
schools regarding appropriate, safe responses to, and identification and referral procedures for, students who are experiencing
or perpetrating domestic violence, dating violence, sexual
assault, or stalking, including procedures for handling the
requirements of court protective orders issued to or against
students or school personnel, in a manner that ensures the
safety of the victim and holds the perpetrator accountable;
‘‘(3) to provide support services for students and school
personnel, such as a resource person who is either on-site
or on-call, and who is an expert described in subsections (i)(2)
and (i)(3), for the purpose of developing and strengthening
effective prevention and intervention strategies for students
and school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
‘‘(4) to provide developmentally appropriate educational
programming to students regarding domestic violence, dating
violence, sexual assault, and stalking, and the impact of experiencing domestic violence, dating violence, sexual assault, and
stalking on children and youth by adapting existing curricula
activities to the relevant student population;
‘‘(5) to work with existing mentoring programs and develop
strong mentoring programs for students, including student athletes, to help them understand and recognize violence and
violent behavior, how to prevent it and how to appropriately
address their feelings; and
‘‘(6) to conduct evaluations to assess the impact of programs
and policies assisted under this section in order to enhance
the development of the programs.
‘‘(c) AWARD BASIS.—The Director shall award grants and contracts under this section on a competitive basis.
‘‘(d) POLICY DISSEMINATION.—The Director shall disseminate
to middle and high schools any existing Department of Justice,
Department of Health and Human Services, and Department of
Education policy guidance and curricula regarding the prevention
of domestic violence, dating violence, sexual assault, and stalking,
and the impact of the violence on children and youth.
‘‘(e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—In order to ensure the safety of adult, youth, and minor
victims of domestic violence, dating violence, sexual assault, or
stalking and their families, grantees and subgrantees shall protect
the confidentiality and privacy of persons receiving services.
Grantees and subgrantees pursuant to this section shall not disclose
any personally identifying information or individual information
collected in connection with services requested, utilized, or denied
through grantees’ and subgrantees’ programs. Grantees and subgrantees shall not reveal individual client information without the
informed, written, reasonably time-limited consent of the person
(or in the case of unemancipated minor, the minor and the parent
or guardian, except that consent for release may not be given
by the abuser of the minor or of the other parent of the minor)
about whom information is sought, whether for this program or
any other Tribal, Federal, State or Territorial grant program. If
release of such information is compelled by statutory or court mandate, grantees and subgrantees shall make reasonable attempts
to provide notice to victims affected by the disclosure of information.
If such personally identifying information is or will be revealed,

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grantees and subgrantees shall take steps necessary to protect
the privacy and safety of the persons affected by the release of
the information. Grantees may share non-personally identifying
data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply
with Tribal, Federal, State or Territorial reporting, evaluation, or
data collection requirements. Grantees and subgrantees may share
court-generated information contained in secure, governmental registries for protection order enforcement purposes.
‘‘(f) GRANT TERM AND ALLOCATION.—
‘‘(1) TERM.—The Director shall make the grants under this
section for a period of 3 fiscal years.
‘‘(2) ALLOCATION.—Not more than 15 percent of the funds
available to a grantee in a given year shall be used for the
purposes described in subsection (b)(4)(D), (b)(5), and (b)(6).
‘‘(g) DISTRIBUTION.—
‘‘(1) IN GENERAL.—Not less than 5 percent of funds appropriated under subsection (l) in any year shall be available
for grants to tribal schools, schools on tribal lands or schools
whose student population is more than 25 percent Native American.
‘‘(2) ADMINISTRATION.—The Director shall not use more
than 5 percent of funds appropriated under subsection (l) in
any year for administration, monitoring and evaluation of
grants made available under this section.
‘‘(3) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—Not less than 5 percent of funds appropriated under
subsection (l) in any year shall be available to provide training,
technical assistance, and data collection for programs funded
under this section.
‘‘(h) APPLICATION.—To be eligible to be awarded a grant or
contract under this section for any fiscal year, a middle or secondary
school, in consultation with an expert as described in subsections
(i)(2) and (i)(3), shall submit an application to the Director at
such time and in such manner as the Director shall prescribe.
‘‘(i) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
this section, an entity shall be a partnership that—
‘‘(1) shall include a public, charter, tribal, or nationally
accredited private middle or high school, a school administered
by the Department of Defense under 10 U.S.C. 2164 or 20
U.S.C. 921, a group of schools, or a school district;
‘‘(2) shall include a domestic violence victim service provider
that has a history of working on domestic violence and the
impact that domestic violence and dating violence have on
children and youth;
‘‘(3) shall include a sexual assault victim service provider,
such as a rape crisis center, program serving tribal victims
of sexual assault, or coalition or other nonprofit nongovernmental organization carrying out a community-based sexual
assault program, that has a history of effective work concerning
sexual assault and the impact that sexual assault has on children and youth; and
‘‘(4) may include a law enforcement agency, the State,
Tribal, Territorial or local court, nonprofit nongovernmental
organizations and service providers addressing sexual harassment, bullying or gang-related violence in schools, and any
other such agencies or nonprofit nongovernmental organizations

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with the capacity to provide effective assistance to the adult,
youth, and minor victims served by the partnership.
‘‘(j) PRIORITY.—In awarding grants under this section, the
Director shall give priority to entities that have submitted applications in partnership with relevant courts or law enforcement agencies.
‘‘(k) REPORTING AND DISSEMINATION OF INFORMATION.—
‘‘(1) REPORTING.—Each of the entities that are members
of the applicant partnership described in subsection (i), that
receive a grant under this section shall jointly prepare and
submit to the Director every 18 months a report detailing
the activities that the entities have undertaken under the grant
and such additional information as the Director shall require.
‘‘(2) DISSEMINATION OF INFORMATION.—Within 9 months
of the completion of the first full grant cycle, the Director
shall publicly disseminate, including through electronic means,
model policies and procedures developed and implemented in
middle and high schools by the grantees, including information
on the impact the policies have had on their respective schools
and communities.
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section, $5,000,000 for each of fiscal years
2007 through 2011.
‘‘(2) AVAILABILITY.—Funds appropriated under paragraph
(1) shall remain available until expended.’’.
SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

42 USC 14045b.

(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—The Attorney General is authorized to
make grants to institutions of higher education, for use by
such institutions or consortia consisting of campus personnel,
student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution,
to develop and strengthen effective security and investigation
strategies to combat domestic violence, dating violence, sexual
assault, and stalking on campuses, and to develop and
strengthen victim services in cases involving such crimes
against women on campuses, which may include partnerships
with local criminal justice authorities and community-based
victim services agencies.
(2) AWARD BASIS.—The Attorney General shall award
grants and contracts under this section on a competitive basis
for a period of 3 years. The Attorney General, through the
Director of the Office on Violence Against Women, shall award
the grants in amounts of not more than $500,000 for individual
institutions of higher education and not more than $1,000,000
for consortia of such institutions.
(3) EQUITABLE PARTICIPATION.—The Attorney General shall
make every effort to ensure—
(A) the equitable participation of private and public
institutions of higher education in the activities assisted
under this section;
(B) the equitable geographic distribution of grants
under this section among the various regions of the United
States; and

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Deadline.
Standards.

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(C) the equitable distribution of grants under this section to tribal colleges and universities and traditionally
black colleges and universities.
(b) USE OF GRANT FUNDS.—Grant funds awarded under this
section may be used for the following purposes:
(1) To provide personnel, training, technical assistance,
data collection, and other equipment with respect to the
increased apprehension, investigation, and adjudication of persons committing domestic violence, dating violence, sexual
assault, and stalking on campus.
(2) To train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial
boards to develop and implement campus policies, protocols,
and services that more effectively identify and respond to the
crimes of domestic violence, dating violence, sexual assault,
and stalking. Within 90 days after the date of enactment of
this Act, the Attorney General shall issue and make available
minimum standards of training relating to domestic violence,
dating violence, sexual assault, and stalking on campus, for
all campus security personnel and personnel serving on campus
disciplinary or judicial boards.
(3) To implement and operate education programs for the
prevention of domestic violence, dating violence, sexual assault,
and stalking.
(4) To develop, enlarge, or strengthen victim services programs on the campuses of the institutions involved, including
programs providing legal, medical, or psychological counseling,
for victims of domestic violence, dating violence, sexual assault,
and stalking, and to improve delivery of victim assistance on
campus. To the extent practicable, such an institution shall
collaborate with any entities carrying out nonprofit and other
victim services programs, including domestic violence, dating
violence, sexual assault, and stalking victim services programs
in the community in which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the institution shall,
to the extent practicable, provide a victim services program
on campus or create a victim services program in collaboration
with a community-based organization. The institution shall
use not less than 20 percent of the funds made available
through the grant for a victim services program provided in
accordance with this paragraph.
(5) To create, disseminate, or otherwise provide assistance
and information about victims’ options on and off campus to
bring disciplinary or other legal action, including assistance
to victims in immigration matters.
(6) To develop, install, or expand data collection and
communication systems, including computerized systems,
linking campus security to the local law enforcement for the
purpose of identifying and tracking arrests, protection orders,
violations of protection orders, prosecutions, and convictions
with respect to the crimes of domestic violence, dating violence,
sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved
lighting and communications facilities but not including the
construction of buildings) on campuses to address the crimes

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of domestic violence, dating violence, sexual assault, and
stalking.
(8) To support improved coordination among campus
administrators, campus security personnel, and local law
enforcement to reduce domestic violence, dating violence, sexual
assault, and stalking on campus.
(c) APPLICATIONS.—
(1) IN GENERAL.—In order to be eligible to be awarded
a grant under this section for any fiscal year, an institution
of higher education shall submit an application to the Attorney
General at such time and in such manner as the Attorney
General shall prescribe.
(2) CONTENTS.—Each application submitted under paragraph (1) shall—
(A) describe the need for grant funds and the plan
for implementation for any of the purposes described in
subsection (b);
(B) include proof that the institution of higher education collaborated with any non-profit, nongovernmental
entities carrying out other victim services programs,
including domestic violence, dating violence, sexual assault,
and stalking victim services programs in the community
in which the institution is located;
(C) describe the characteristics of the population being
served, including type of campus, demographics of the population, and number of students;
(D) provide measurable goals and expected results from
the use of the grant funds;
(E) provide assurances that the Federal funds made
available under this section shall be used to supplement
and, to the extent practical, increase the level of funds
that would, in the absence of Federal funds, be made
available by the institution for the purposes described in
subsection (b); and
(F) include such other information and assurances as
the Attorney General reasonably determines to be necessary.
(3) COMPLIANCE WITH CAMPUS CRIME REPORTING
REQUIRED.—No institution of higher education shall be eligible
for a grant under this section unless such institution is in
compliance with the requirements of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000
of the total amount of grant funds appropriated under this
section for fiscal years 2007 through 2011 may be used to
provide technical assistance in complying with the mandatory
reporting requirements of section 485(f) of such Act.
(d) GENERAL TERMS AND CONDITIONS.—
(1) NONMONETARY ASSISTANCE.—In addition to the assistance provided under this section, the Attorney General may
request any Federal agency to use the agency’s authorities
and the resources granted to the agency under Federal law
(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus
security, and investigation and victim service efforts.
(2) GRANTEE REPORTING.—
(A) ANNUAL REPORT.—Each institution of higher education receiving a grant under this section shall submit

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a biennial performance report to the Attorney General.
The Attorney General shall suspend funding under this
section for an institution of higher education if the institution fails to submit such a report.
(B) FINAL REPORT.—Upon completion of the grant
period under this section, the institution shall file a
performance report with the Attorney General and the
Secretary of Education explaining the activities carried
out under this section together with an assessment of the
effectiveness of those activities in achieving the purposes
described in subsection (b).
(3) REPORT TO CONGRESS.—Not later than 180 days after
the end of the fiscal year for which grants are awarded under
this section, the Attorney General shall submit to Congress
a report that includes—
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants
were provided and an evaluation of the progress made
under the grant;
(C) a statistical summary of the persons served,
detailing the nature of victimization, and providing data
on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs
funded under this part.
(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$12,000,000 for fiscal year 2007 and $15,000,000 for each of fiscal
years 2008 through 2011.
(f) REPEAL.—Section 826 of the Higher Education Amendments
of 1998 (20 U.S.C. 1152) is repealed.
SEC. 305. JUVENILE JUSTICE.

Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended—
(1) in paragraph (7)(B)—
(A) by redesignating clauses (i), (ii) and (iii), as clauses
(ii), (iii), and (iv), respectively; and
(B) by inserting before clause (ii) the following:
‘‘(i) an analysis of gender-specific services for the
prevention and treatment of juvenile delinquency, including
the types of such services available and the need for such
services;’’.
SEC. 306. SAFE HAVENS.

Section 1301 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 10420) is amended—
(1) by striking the section heading and inserting the following:
‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’;

(2) in subsection (a)—
(A) by inserting ‘‘, through the Director of the Office
on Violence Against Women,’’ after ‘‘Attorney General’’;
(B) by inserting ‘‘dating violence,’’ after ‘‘domestic
violence,’’;

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(C) by striking ‘‘to provide’’ and inserting the following:
‘‘(1) to provide’’;
(D) by striking the period at the end and inserting
a semicolon; and
(E) by adding at the end the following:
‘‘(2) to protect children from the trauma of witnessing
domestic or dating violence or experiencing abduction, injury,
or death during parent and child visitation exchanges;
‘‘(3) to protect parents or caretakers who are victims of
domestic and dating violence from experiencing further
violence, abuse, and threats during child visitation exchanges;
and
‘‘(4) to protect children from the trauma of experiencing
sexual assault or other forms of physical assault or abuse
during parent and child visitation and visitation exchanges.’’;
and
(3) by striking subsection (e) and inserting the following:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section, $20,000,000 for each of fiscal years
2007 through 2011. Funds appropriated under this section shall
remain available until expended.
‘‘(2) USE OF FUNDS.—Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General
shall—
‘‘(A) set aside not less than 7 percent for grants to
Indian tribal governments or tribal organizations;
‘‘(B) use not more than 3 percent for evaluation, monitoring, site visits, grantee conferences, and other administrative costs associated with conducting activities under
this section; and
‘‘(C) set aside not more than 8 percent for technical
assistance and training to be provided by organizations
having nationally recognized expertise in the design of
safe and secure supervised visitation programs and visitation exchange of children in situations involving domestic
violence, dating violence, sexual assault, or stalking.’’.

TITLE IV—STRENGTHENING AMERICA’S
FAMILIES BY PREVENTING VIOLENCE
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.

The Violence Against Women Act of 1994 (108 Stat. 1902 et
seq.) is amended by adding at the end the following:

‘‘Subtitle
M—Strengthening
America’s
Families by Preventing Violence Against
Women and Children
‘‘SEC. 41301. FINDINGS.

42 USC 14043d.

‘‘Congress finds that—

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PUBLIC LAW 109–162—JAN. 5, 2006
‘‘(1) the former United States Advisory Board on Child
Abuse suggests that domestic violence may be the single major
precursor to child abuse and neglect fatalities in this country;
‘‘(2) studies suggest that as many as 10,000,000 children
witness domestic violence every year;
‘‘(3) studies suggest that among children and teenagers,
recent exposure to violence in the home was a significant factor
in predicting a child’s violent behavior;
‘‘(4) a study by the Nurse-Family Partnership found that
children whose parents did not participate in home visitation
programs that provided coaching in parenting skills, advice
and support, were almost 5 times more likely to be abused
in their first 2 years of life;
‘‘(5) a child’s exposure to domestic violence seems to pose
the greatest independent risk for being the victim of any act
of partner violence as an adult;
‘‘(6) children exposed to domestic violence are more likely
to believe that using violence is an effective means of getting
one’s needs met and managing conflict in close relationships;
‘‘(7) children exposed to abusive parenting, harsh or erratic
discipline, or domestic violence are at increased risk for juvenile
crime; and
‘‘(8) in a national survey of more than 6,000 American
families, 50 percent of men who frequently assaulted their
wives also frequently abused their children.

42 USC
14043d–1.

‘‘SEC. 41302. PURPOSE.

42 USC
14043d–2.

‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO
VIOLENCE.

‘‘The purpose of this subtitle is to—
‘‘(1) prevent crimes involving violence against women, children, and youth;
‘‘(2) increase the resources and services available to prevent
violence against women, children, and youth;
‘‘(3) reduce the impact of exposure to violence in the lives
of children and youth so that the intergenerational cycle of
violence is interrupted;
‘‘(4) develop and implement education and services programs to prevent children in vulnerable families from becoming
victims or perpetrators of domestic violence, dating violence,
sexual assault, or stalking;
‘‘(5) promote programs to ensure that children and youth
receive the assistance they need to end the cycle of violence
and develop mutually respectful, nonviolent relationships; and
‘‘(6) encourage collaboration among community-based
organizations and governmental agencies serving children and
youth, providers of health and mental health services and providers of domestic violence, dating violence, sexual assault,
and stalking victim services to prevent violence against women
and children.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General, acting through
the Director of the Office on Violence Against Women, and
in collaboration with the Department of Health and Human
Services, is authorized to award grants on a competitive basis
to eligible entities for the purpose of mitigating the effects
of domestic violence, dating violence, sexual assault, and

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119 STAT. 3019

stalking on children exposed to such violence, and reducing
the risk of future victimization or perpetration of domestic
violence, dating violence, sexual assault, and stalking.
‘‘(2) TERM.—The Director shall make grants under this
section for a period of 2 fiscal years.
‘‘(3) AWARD BASIS.—The Director shall award grants—
‘‘(A) considering the needs of underserved populations;
‘‘(B) awarding not less than 10 percent of such amounts
to Indian tribes for the funding of tribal projects from
the amounts made available under this section for a fiscal
year;
‘‘(C) awarding up to 8 percent for the funding of technical assistance programs from the amounts made available
under this section for a fiscal year; and
‘‘(D) awarding not less than 66 percent to programs
described in subsection (c)(1) from the amounts made available under this section for a fiscal year.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2007 through 2011.
‘‘(c) USE OF FUNDS.—The funds appropriated under this section
shall be used for—
‘‘(1) programs that provide services for children exposed
to domestic violence, dating violence, sexual assault, or stalking,
which may include direct counseling, advocacy, or mentoring,
and must include support for the nonabusing parent or the
child’s caretaker; or
‘‘(2) training, coordination, and advocacy for programs that
serve children and youth (such as Head Start, child care, and
after-school programs) on how to safely and confidentially identify children and families experiencing domestic violence and
properly refer them to programs that can provide direct services
to the family and children, and coordination with other domestic
violence or other programs serving children exposed to domestic
violence, dating violence, sexual assault, or stalking that can
provide the training and direct services referenced in this subsection.
‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
this section, an entity shall be a—
‘‘(1) a victim service provider, tribal nonprofit organization
or community-based organization that has a documented history of effective work concerning children or youth exposed
to domestic violence, dating violence, sexual assault, or stalking,
including programs that provide culturally specific services,
Head Start, childcare, faith-based organizations, after school
programs, and health and mental health providers; or
‘‘(2) a State, territorial, or tribal, or local unit of government
agency that is partnered with an organization described in
paragraph (1).
‘‘(e) GRANTEE REQUIREMENTS.—Under this section, an entity
shall—
‘‘(1) prepare and submit to the Director an application
at such time, in such manner, and containing such information
as the Director may require; and
‘‘(2) at a minimum, describe in the application the policies
and procedures that the entity has or will adopt to—

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119 STAT. 3020

PUBLIC LAW 109–162—JAN. 5, 2006
‘‘(A) enhance or ensure the safety and security of children who have been or are being exposed to violence and
their nonabusing parent, enhance or ensure the safety and
security of children and their nonabusing parent in homes
already experiencing domestic violence, dating violence,
sexual assault, or stalking; and
‘‘(B) ensure linguistically, culturally, and community
relevant services for underserved communities.

42 USC
14043d–3.

‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS
FOR HOME VISITATION PROJECTS.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General, acting through
the Director of the Office on Violence Against Women, and
in collaboration with the Department of Health and Human
Services, shall award grants on a competitive basis to home
visitation programs, in collaboration with victim service providers, for the purposes of developing and implementing model
policies and procedures to train home visitation service providers on addressing domestic violence, dating violence, sexual
assault, and stalking in families experiencing violence, or at
risk of violence, to reduce the impact of that violence on children, maintain safety, improve parenting skills, and break
intergenerational cycles of violence.
‘‘(2) TERM.—The Director shall make the grants under this
section for a period of 2 fiscal years.
‘‘(3) AWARD BASIS.—The Director shall—
‘‘(A) consider the needs of underserved populations;
‘‘(B) award not less than 7 percent of such amounts
for the funding of tribal projects from the amounts made
available under this section for a fiscal year; and
‘‘(C) award up to 8 percent for the funding of technical
assistance programs from the amounts made available
under this section for a fiscal year.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $7,000,000 for each
of fiscal years 2007 through 2011.
‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
this section, an entity shall be a national, Federal, State, local,
territorial, or tribal—
‘‘(1) home visitation program that provides services to pregnant women and to young children and their parent or primary
caregiver that are provided in the permanent or temporary
residence or in other familiar surroundings of the individual
or family receiving such services; or
‘‘(2) victim services organization or agency in collaboration
with an organization or organizations listed in paragraph (1).
‘‘(d) GRANTEE REQUIREMENTS.—Under this section, an entity
shall—
‘‘(1) prepare and submit to the Director an application
at such time, in such manner, and containing such information
as the Director may require; and
‘‘(2) describe in the application the policies and procedures
that the entity has or will adopt to—

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119 STAT. 3021

‘‘(A) enhance or ensure the safety and security of children and their nonabusing parent in homes already experiencing domestic violence, dating violence, sexual assault,
or stalking;
‘‘(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
‘‘(C) ensure the adequate training by domestic violence,
dating violence, sexual assault or stalking victim service
providers of home visitation grantee program staff to—
‘‘(i) safely screen for and/or recognize domestic
violence, dating violence, sexual assault, and stalking;
‘‘(ii) understand the impact of domestic violence
or sexual assault on children and protective actions
taken by a nonabusing parent or caretaker in response
to violence against anyone in the household; and
‘‘(iii) link new parents with existing community
resources in communities where resources exist; and
‘‘(D) ensure that relevant State and local domestic
violence, dating violence, sexual assault, and stalking
victim service providers and coalitions are aware of the
efforts of organizations receiving grants under this section,
and are included as training partners, where possible.
‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.

42 USC
14043d–4.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL—The Attorney General, acting through
the Director of the Office on Violence Against Women, and
in collaboration with the Department of Health and Human
Services, shall award grants on a competitive basis to eligible
entities for the purpose of developing or enhancing programs
related to engaging men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking by
helping them to develop mutually respectful, nonviolent relationships.
‘‘(2) TERM.—The Director shall make grants under this
section for a period of 2 fiscal years.
‘‘(3) AWARD BASIS.—The Director shall award grants—
‘‘(A) considering the needs of underserved populations;
‘‘(B) awarding not less than 10 percent of such amounts
for the funding of Indian tribes from the amounts made
available under this section for a fiscal year; and
‘‘(C) awarding up to 8 percent for the funding of technical assistance for grantees and non-grantees working
in this area from the amounts made available under this
section for a fiscal year.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2007 through 2011.
‘‘(c) USE OF FUNDS.—
‘‘(1) PROGRAMS.—The funds appropriated under this section
shall be used by eligible entities—
‘‘(A) to develop or enhance community-based programs,
including gender-specific programs in accordance with
applicable laws that—

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119 STAT. 3022

PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(i) encourage children and youth to pursue nonviolent relationships and reduce their risk of becoming
victims or perpetrators of domestic violence, dating
violence, sexual assault, or stalking; and
‘‘(ii) that include at a minimum—
‘‘(I) information on domestic violence, dating
violence, sexual assault, stalking, or child sexual
abuse and how they affect children and youth;
and
‘‘(II) strategies to help participants be as safe
as possible; or
‘‘(B) to create public education campaigns and community organizing to encourage men and boys to work as
allies with women and girls to prevent violence against
women and girls conducted by entities that have experience
in conducting public education campaigns that address
domestic violence, dating violence, sexual assault, or
stalking.
‘‘(2) MEDIA LIMITS.—No more than 40 percent of funds
received by a grantee under this section may be used to create
and distribute media materials.
‘‘(d) ELIGIBLE ENTITIES.—
‘‘(1) RELATIONSHIPS.—Eligible entities under subsection
(c)(1)(A) are—
‘‘(A) nonprofit, nongovernmental domestic violence,
dating violence, sexual assault, or stalking victim service
providers or coalitions;
‘‘(B) community-based child or youth services organizations with demonstrated experience and expertise in
addressing the needs and concerns of young people;
‘‘(C) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization
described in subparagraph (A) or (B); or
‘‘(D) a program that provides culturally specific services.
‘‘(2) AWARENESS CAMPAIGN.—Eligible entities under subsection (c)(1)(B) are—
‘‘(A) nonprofit, nongovernmental organizations or coalitions that have a documented history of creating and
administering effective public education campaigns
addressing the prevention of domestic violence, dating
violence, sexual assault or stalking; or
‘‘(B) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization
described in subparagraph (A).
‘‘(e) GRANTEE REQUIREMENTS.—Under this section, an entity
shall—
‘‘(1) prepare and submit to the Director an application
at such time, in such manner, and containing such information
as the Director may require; and
‘‘(2) eligible entities pursuant to subsection (c)(1)(A) shall
describe in the application the policies and procedures that
the entity has or will adopt to—
‘‘(A) enhance or ensure the safety and security of children and youth already experiencing domestic violence,
dating violence, sexual assault, or stalking in their lives;

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119 STAT. 3023

‘‘(B) ensure linguistically, culturally, and community
relevant services for underserved communities;
‘‘(C) inform participants about laws, services, and
resources in the community, and make referrals as appropriate; and
‘‘(D) ensure that State and local domestic violence,
dating violence, sexual assault, and stalking victim service
providers and coalitions are aware of the efforts of organizations receiving grants under this section.’’.
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

42 USC 280b–4.

(a) PURPOSES.—The Secretary of Health and Human Services
acting through the National Center for Injury Prevention and Control at the Centers for Disease Control Prevention shall make
grants to entities, including domestic and sexual assault coalitions
and programs, research organizations, tribal organizations, and academic institutions to support research to examine prevention and
intervention programs to further the understanding of sexual and
domestic violence by and against adults, youth, and children.
(b) USE OF FUNDS.—The research conducted under this section
shall include evaluation and study of best practices for reducing
and preventing violence against women and children addressed
by the strategies included in Department of Health and Human
Services-related provisions this title, including strategies addressing
underserved communities.
(c) AUTHORIZATION OF APPROPRIATIONS.—There shall be authorized to be appropriated to carry out this title $2,000,000 for each
of the fiscal years 2007 through 2011.

Grants.

SEC. 403. PUBLIC AWARENESS CAMPAIGN.

42 USC 14045c.

(a) IN GENERAL.—The Attorney General, acting through the
Office on Violence Against Women], shall make grants to States
for carrying out a campaign to increase public awareness of issues
regarding domestic violence against pregnant women.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2006
through 2010.

Grants.

TITLE
V—STRENGTHENING
THE
HEALTHCARE SYSTEM’S RESPONSE
TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING
SEC. 501. FINDINGS.

Congress makes the following findings:
(1) The health-related costs of intimate partner violence
in the United States exceed $5,800,000,000 annually.
(2) Thirty-seven percent of all women who sought care
in hospital emergency rooms for violence-related injuries were
injured by a current or former spouse, boyfriend, or girlfriend.

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42 USC 280g–4
note.

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PUBLIC LAW 109–162—JAN. 5, 2006
(3) In addition to injuries sustained during violent episodes,
physical and psychological abuse is linked to a number of
adverse physical and mental health effects. Women who have
been abused are much more likely to suffer from chronic pain,
diabetes, depression, unintended pregnancies, substance abuse
and sexually transmitted infections, including HIV/AIDS.
(4) Health plans spend an average of $1,775 more a year
on abused women than on general enrollees.
(5) Each year about 324,000 pregnant women in the United
States are battered by the men in their lives. This battering
leads to complications of pregnancy, including low weight gain,
anemia, infections, and first and second trimester bleeding.
(6) Pregnant and recently pregnant women are more likely
to be victims of homicide than to die of any other pregnancyrelated cause, and evidence exists that a significant proportion
of all female homicide victims are killed by their intimate
partners.
(7) Children who witness domestic violence are more likely
to exhibit behavioral and physical health problems including
depression, anxiety, and violence towards peers. They are also
more likely to attempt suicide, abuse drugs and alcohol, run
away from home, engage in teenage prostitution, and commit
sexual assault crimes.
(8) Recent research suggests that women experiencing
domestic violence significantly increase their safety-promoting
behaviors over the short- and long-term when health care providers screen for, identify, and provide followup care and
information to address the violence.
(9) Currently, only about 10 percent of primary care physicians routinely screen for intimate partner abuse during new
patient visits and 9 percent routinely screen for intimate
partner abuse during periodic checkups.
(10) Recent clinical studies have proven the effectiveness
of a 2-minute screening for early detection of abuse of pregnant
women. Additional longitudinal studies have tested a 10-minute
intervention that was proven highly effective in increasing the
safety of pregnant abused women. Comparable research does
not yet exist to support the effectiveness of screening men.
(11) Seventy to 81 percent of the patients studied reported
that they would like their healthcare providers to ask them
privately about intimate partner violence.

42 USC 280g–4
note.

SEC. 502. PURPOSE.

It is the purpose of this title to improve the health care system’s
response to domestic violence, dating violence, sexual assault, and
stalking through the training and education of health care providers, developing comprehensive public health responses to
violence against women and children, increasing the number of
women properly screened, identified, and treated for lifetime exposure to violence, and expanding research on effective interventions
in the health care setting.
SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN
DOMESTIC AND SEXUAL VIOLENCE.

Part D of title VII of the Public Health Service Act (42 U.S.C.
294 et seq.) is amended by adding at the end the following:

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PUBLIC LAW 109–162—JAN. 5, 2006
‘‘SEC.

758.

119 STAT. 3025

INTERDISCIPLINARY TRAINING AND EDUCATION ON
DOMESTIC VIOLENCE AND OTHER TYPES OF VIOLENCE
AND ABUSE.

42 USC 294h.

‘‘(a) GRANTS.—The Secretary, acting through the Director of
the Health Resources and Services Administration, shall award
grants under this section to develop interdisciplinary training and
education programs that provide undergraduate, graduate, postgraduate medical, nursing (including advanced practice nursing
students), and other health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual
assault, stalking, and dating violence.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this
section an entity shall—
‘‘(1) be an accredited school of allopathic or osteopathic
medicine;
‘‘(2) prepare and submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including—
‘‘(A) information to demonstrate that the applicant
includes the meaningful participation of a school of nursing
and at least one other school of health professions or graduate program in public health, dentistry, social work, midwifery, or behavioral and mental health;
‘‘(B) strategies for the dissemination and sharing of
curricula and other educational materials developed under
the grant to other interested medical and nursing schools
and national resource repositories for materials on domestic
violence and sexual assault; and
‘‘(C) a plan for consulting with community-based coalitions or individuals who have experience and expertise
in issues related to domestic violence, sexual assault, dating
violence, and stalking for services provided under the program carried out under the grant.
‘‘(c) USE OF FUNDS.—
‘‘(1) REQUIRED USES.—Amounts provided under a grant
under this section shall be used to—
‘‘(A) fund interdisciplinary training and education
projects that are designed to train medical, nursing, and
other health professions students and residents to identify
and provide health care services (including mental or
behavioral health care services and referrals to appropriate
community services) to individuals who are or who have
experienced domestic violence, sexual assault, and stalking
or dating violence; and
‘‘(B) plan and develop culturally competent clinical
components for integration into approved residency
training programs that address health issues related to
domestic violence, sexual assault, dating violence, and
stalking, along with other forms of violence as appropriate,
and include the primacy of victim safety and confidentiality.
‘‘(2) PERMISSIVE USES.—Amounts provided under a grant
under this section may be used to—
‘‘(A) offer community-based training opportunities in
rural areas for medical, nursing, and other students and
residents on domestic violence, sexual assault, stalking,
and dating violence, and other forms of violence and abuse,
which may include the use of distance learning networks

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119 STAT. 3026

PUBLIC LAW 109–162—JAN. 5, 2006

and other available technologies needed to reach isolated
rural areas; or
‘‘(B) provide stipends to students who are underrepresented in the health professions as necessary to promote
and enable their participation in clerkships, preceptorships,
or other offsite training experiences that are designed to
develop health care clinical skills related to domestic
violence, sexual assault, dating violence, and stalking.
‘‘(3) REQUIREMENTS.—
‘‘(A) CONFIDENTIALITY AND SAFETY.—Grantees under
this section shall ensure that all educational programs
developed with grant funds address issues of confidentiality
and patient safety, and that faculty and staff associated
with delivering educational components are fully trained
in procedures that will protect the immediate and ongoing
security of the patients, patient records, and staff.
Advocacy-based coalitions or other expertise available in
the community shall be consulted on the development and
adequacy of confidentially and security procedures, and
shall be fairly compensated by grantees for their services.
‘‘(B) RURAL PROGRAMS.—Rural training programs carried out under paragraph (2)(A) shall reflect adjustments
in protocols and procedures or referrals that may be needed
to protect the confidentiality and safety of patients who
live in small or isolated communities and who are currently
or have previously experienced violence or abuse.
‘‘(4) CHILD AND ELDER ABUSE.—Issues related to child and
elder abuse may be addressed as part of a comprehensive
programmatic approach implemented under a grant under this
section.
‘‘(d) REQUIREMENTS OF GRANTEES.—
‘‘(1) LIMITATION ON ADMINISTRATIVE EXPENSES.—A grantee
shall not use more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
‘‘(2) CONTRIBUTION OF FUNDS.—A grantee under this section, and any entity receiving assistance under the grant for
training and education, shall contribute non-Federal funds,
either directly or through in-kind contributions, to the costs
of the activities to be funded under the grant in an amount
that is not less than 25 percent of the total cost of such
activities.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $3,000,000 for each
of fiscal years 2007 through 2011. Amounts appropriated under
this subsection shall remain available until expended.’’.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING GRANTS.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
42 USC 280g–4.

‘‘SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.

‘‘(a) AUTHORITY TO AWARD GRANTS.—
‘‘(1) IN GENERAL.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,

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119 STAT. 3027

shall award grants to eligible State, tribal, territorial, or local
entities to strengthen the response of State, tribal, territorial,
or local health care systems to domestic violence, dating
violence, sexual assault, and stalking.
‘‘(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant
under this section, an entity shall—
‘‘(A) be—
‘‘(i) a State department (or other division) of health,
a State domestic or sexual assault coalition or servicebased program, State law enforcement task force, or
any other nonprofit, nongovernmental, tribal, territorial, or State entity with a history of effective work
in the fields of domestic violence, dating violence,
sexual assault or stalking, and health care; or
‘‘(ii) a local, nonprofit domestic violence, dating
violence, sexual assault, or stalking service-based program, a local department (or other division) of health,
a local health clinic, hospital, or health system, or
any other nonprofit, tribal, or local entity with a history
of effective work in the field of domestic or sexual
violence and health;
‘‘(B) prepare and submit to the Secretary an application
at such time, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out the purposes for which
the grant is to be made; and
‘‘(C) demonstrate that the entity is representing a team
of organizations and agencies working collaboratively to
strengthen the response of the health care system involved
to domestic violence, dating violence, sexual assault, or
stalking and that such team includes domestic violence,
dating violence, sexual assault or stalking and health care
organizations.
‘‘(3) DURATION.—A program conducted under a grant
awarded under this section shall not exceed 2 years.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An entity shall use amounts received
under a grant under this section to design and implement
comprehensive strategies to improve the response of the health
care system involved to domestic or sexual violence in clinical
and public health settings, hospitals, clinics, managed care
settings (including behavioral and mental health), and other
health settings.
‘‘(2) MANDATORY STRATEGIES.—Strategies implemented
under paragraph (1) shall include the following:
‘‘(A) The implementation, dissemination, and evaluation of policies and procedures to guide health care professionals and behavioral and public health staff in responding
to domestic violence, dating violence, sexual assault, and
stalking, including strategies to ensure that health information is maintained in a manner that protects the patient’s
privacy and safety and prohibits insurance discrimination.
‘‘(B) The development of on-site access to services to
address the safety, medical, mental health, and economic
needs of patients either by increasing the capacity of
existing health care professionals and behavioral and public
health staff to address domestic violence, dating violence,

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PUBLIC LAW 109–162—JAN. 5, 2006

sexual assault, and stalking, by contracting with or hiring
domestic or sexual assault advocates to provide the services, or to model other services appropriate to the
geographic and cultural needs of a site.
‘‘(C) The evaluation of practice and the institutionalization of identification, intervention, and documentation
including quality improvement measurements.
‘‘(D) The provision of training and followup technical
assistance to health care professionals, behavioral and
public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of
domestic violence, dating violence, sexual violence, or
stalking.
‘‘(3) PERMISSIVE STRATEGIES.—Strategies implemented
under paragraph (1) may include the following:
‘‘(A) Where appropriate, the development of training
modules and policies that address the overlap of child
abuse, domestic violence, dating violence, sexual assault,
and stalking and elder abuse as well as childhood exposure
to domestic violence.
‘‘(B) The creation, adaptation, and implementation of
public education campaigns for patients concerning
domestic violence, dating violence, sexual assault, and
stalking prevention.
‘‘(C) The development, adaptation, and dissemination
of domestic violence, dating violence, sexual assault, and
stalking education materials to patients and health care
professionals and behavioral and public health staff.
‘‘(D) The promotion of the inclusion of domestic
violence, dating violence, sexual assault, and stalking into
health professional training schools, including medical,
dental, nursing school, social work, and mental health curriculum.
‘‘(E) The integration of domestic violence, dating
violence, sexual assault, and stalking into health care
accreditation and professional licensing examinations, such
as medical, dental, social work, and nursing boards.
‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated under this
section shall be distributed equally between State and local programs.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to award grants under this section, $5,000,000
for each of fiscal years 2007 through 2011.’’.
SEC.

505.

RESEARCH ON EFFECTIVE
HEALTHCARE SETTING.

INTERVENTIONS

IN

THE

Subtitle B of the Violence Against Women Act of 1994 (Public
Law 103–322; 108 Stat. 1902 et seq.), as amended by the Violence
Against Women Act of 2000 (114 Stat. 1491 et seq.), and as amended
by this Act, is further amended by adding at the end the following:

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119 STAT. 3029

‘‘CHAPTER 11—RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE AGAINST WOMEN

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‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE
HEALTH CARE SETTING.

42 USC 13973.

‘‘(a) PURPOSE.—The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and the Director
of the Agency for Healthcare Research and Quality, shall award
grants and contracts to fund research on effective interventions
in the health care setting that prevent domestic violence, dating
violence, and sexual assault across the lifespan and that prevent
the health effects of such violence and improve the safety and
health of individuals who are currently being victimized.
‘‘(b) USE OF FUNDS.—Research conducted with amounts received
under a grant or contract under this section shall include the
following:
‘‘(1) With respect to the authority of the Centers for Disease
Control and Prevention—
‘‘(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to
domestic, dating, or sexual violence, on health behaviors,
health conditions, and the health status of individuals,
families, and populations;
‘‘(B) research and testing of best messages and strategies to mobilize public and health care provider action
concerning the prevention of domestic, dating, or sexual
violence; and
‘‘(C) measure the comparative effectiveness and outcomes of efforts under this Act to reduce violence and
increase women’s safety.
‘‘(2) With respect to the authority of the Agency for
Healthcare Research and Quality—
‘‘(A) research on the impact on the health care system,
health care utilization, health care costs, and health status
of domestic violence, dating violence, and childhood exposure to domestic and dating violence, sexual violence and
stalking and childhood exposure; and
‘‘(B) research on effective interventions within primary
care and emergency health care settings and with health
care settings that include clinical partnerships within
community domestic violence providers for adults and children exposed to domestic or dating violence.
‘‘(c) USE OF DATA.—Research funded under this section shall
be utilized by eligible entities under section 399O of the Public
Health Service Act.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $5,000,000 for each
of fiscal years 2007 through 2011.’’.

Grants.
Contracts.

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PUBLIC LAW 109–162—JAN. 5, 2006

TITLE VI—HOUSING OPPORTUNITIES
AND SAFETY FOR BATTERED WOMEN
AND CHILDREN
SEC.

601.

ADDRESSING THE HOUSING NEEDS OF VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.

The Violence Against Women Act of 1994 (42 U.S.C. 13701
et seq.) is amended by adding at the end the following:

‘‘Subtitle N—Addressing the Housing
Needs of Victims of Domestic Violence,
Dating Violence, Sexual Assault, and
Stalking
42 USC 14043e.

‘‘SEC. 41401. FINDINGS.

‘‘Congress finds that:
‘‘(1) There is a strong link between domestic violence and
homelessness. Among cities surveyed, 44 percent identified
domestic violence as a primary cause of homelessness.
‘‘(2) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their
lives. Of all homeless women and children, 60 percent had
been abused by age 12, and 63 percent have been victims
of intimate partner violence as adults.
‘‘(3) Women and families across the country are being
discriminated against, denied access to, and even evicted from
public and subsidized housing because of their status as victims
of domestic violence.
‘‘(4) A recent survey of legal service providers around the
country found that these providers have responded to almost
150 documented eviction cases in the last year alone where
the tenant was evicted because of the domestic violence crimes
committed against her. In addition, nearly 100 clients were
denied housing because of their status as victims of domestic
violence.
‘‘(5) Women who leave their abusers frequently lack adequate emergency shelter options. The lack of adequate emergency options for victims presents a serious threat to their
safety and the safety of their children. Requests for emergency
shelter by homeless women with children increased by 78 percent of United States cities surveyed in 2004. In the same
year, 32 percent of the requests for shelter by homeless families
went unmet due to the lack of available emergency shelter
beds.
‘‘(6) The average stay at an emergency shelter is 60 days,
while the average length of time it takes a homeless family
to secure housing is 6 to 10 months.
‘‘(7) Victims of domestic violence often return to abusive
partners because they cannot find long-term housing.
‘‘(8) There are not enough Federal housing rent vouchers
available to accommodate the number of people in need of

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long-term housing. Some people remain on the waiting list
for Federal housing rent vouchers for years, while some lists
are closed.
‘‘(9) Transitional housing resources and services provide
an essential continuum between emergency shelter provision
and independent living. A majority of women in transitional
housing programs stated that had these programs not existed,
they would have likely gone back to abusive partners.
‘‘(10) Because abusers frequently manipulate finances in
an effort to control their partners, victims often lack steady
income, credit history, landlord references, and a current
address, all of which are necessary to obtain long-term permanent housing.
‘‘(11) Victims of domestic violence in rural areas face additional barriers, challenges, and unique circumstances, such as
geographical isolation, poverty, lack of public transportation
systems, shortages of health care providers, under-insurance
or lack of health insurance, difficulty ensuring confidentiality
in small communities, and decreased access to many resources
(such as advanced education, job opportunities, and adequate
childcare).
‘‘(12) Congress and the Secretary of Housing and Urban
Development have recognized in recent years that families
experiencing domestic violence have unique needs that should
be addressed by those administering the Federal housing programs.
‘‘SEC. 41402. PURPOSE.

‘‘The purpose of this subtitle is to reduce domestic violence,
dating violence, sexual assault, and stalking, and to prevent
homelessness by—
‘‘(1) protecting the safety of victims of domestic violence,
dating violence, sexual assault, and stalking who reside in
homeless shelters, public housing, assisted housing, tribally
designated housing, or other emergency, transitional, permanent, or affordable housing, and ensuring that such victims
have meaningful access to the criminal justice system without
jeopardizing such housing;
‘‘(2) creating long-term housing solutions that develop
communities and provide sustainable living solutions for victims
of domestic violence, dating violence, sexual assault, and
stalking;
‘‘(3) building collaborations among victim service providers,
homeless service providers, housing providers, and housing
agencies to provide appropriate services, interventions, and
training to address the housing needs of victims of domestic
violence, dating violence, sexual assault, and stalking; and
‘‘(4) enabling public and assisted housing agencies, tribally
designated housing entities, private landlords, property
management companies, and other housing providers and agencies to respond appropriately to domestic violence, dating
violence, sexual assault, and stalking, while maintaining a
safe environment for all housing residents.
‘‘SEC. 41403. DEFINITIONS.

‘‘For purposes of this subtitle—
‘‘(1) the term ‘assisted housing’ means housing assisted—

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14043e–1.

42 USC
14043e–2.

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PUBLIC LAW 109–162—JAN. 5, 2006
‘‘(A) under sections 213, 220, 221(d)(3), 221(d)(4),
223(e), 231, or 236 of the National Housing Act (12 U.S.C.
1715l(d)(3), (d)(4), or 1715z–1);
‘‘(B) under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
‘‘(C) under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q);
‘‘(D) under section 811 of the Cranston-Gonzales
National Affordable Housing Act (42 U.S.C. 8013);
‘‘(E) under title II of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12701 et seq.);
‘‘(F) under subtitle D of title VIII of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 12901
et seq.);
‘‘(G) under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.); or
‘‘(H) under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);
‘‘(2) the term ‘continuum of care’ means a community plan
developed to organize and deliver housing and services to meet
the specific needs of people who are homeless as they move
to stable housing and achieve maximum self-sufficiency;
‘‘(3) the term ‘low-income housing assistance voucher’
means housing assistance described in section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f);
‘‘(4) the term ‘public housing’ means housing described
in section 3(b)(1) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(1));
‘‘(5) the term ‘public housing agency’ means an agency
described in section 3(b)(6) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(6));
‘‘(6) the terms ‘homeless’, ‘homeless individual’, and ‘homeless person’—
‘‘(A) mean an individual who lacks a fixed, regular,
and adequate nighttime residence; and
‘‘(B) includes—
‘‘(i) an individual who—
‘‘(I) is sharing the housing of other persons
due to loss of housing, economic hardship, or a
similar reason;
‘‘(II) is living in a motel, hotel, trailer park,
or campground due to the lack of alternative adequate accommodations;
‘‘(III) is living in an emergency or transitional
shelter;
‘‘(IV) is abandoned in a hospital; or
‘‘(V) is awaiting foster care placement;
‘‘(ii) an individual who has a primary nighttime
residence that is a public or private place not designed
for or ordinarily used as a regular sleeping accommodation for human beings; or
‘‘(iii) migratory children (as defined in section 1309
of the Elementary and Secondary Education Act of
1965; 20 U.S.C. 6399) who qualify as homeless under
this section because the children are living in circumstances described in this paragraph;

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119 STAT. 3033

‘‘(7) the term ‘homeless service provider’ means a nonprofit,
nongovernmental homeless service provider, such as a homeless
shelter, a homeless service or advocacy program, a tribal
organization serving homeless individuals, or coalition or other
nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented
history of effective work concerning homelessness;
‘‘(8) the term ‘tribally designated housing’ means housing
assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.); and
‘‘(9) the term ‘tribally designated housing entity’ means
a housing entity described in the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(21));
‘‘SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM
STABILITY OF VICTIMS.

‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary of Health and Human
Services, acting through the Administration of Children and
Families, in partnership with the Secretary of Housing and
Urban Development, shall award grants, contracts, or cooperative agreements for a period of not less than 2 years to eligible
entities to develop long-term sustainability and self-sufficiency
options for adult and youth victims of domestic violence, dating
violence, sexual assault, and stalking who are currently homeless or at risk for becoming homeless.
‘‘(2) AMOUNT.—The Secretary of Health and Human Services shall award funds in amounts—
‘‘(A) not less than $25,000 per year; and
‘‘(B) not more than $1,000,000 per year.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive funds under
this section, an entity shall demonstrate that it is a coalition or
partnership, applying jointly, that—
‘‘(1) shall include a domestic violence victim service provider;
‘‘(2) shall include—
‘‘(A) a homeless service provider;
‘‘(B) a nonprofit, nongovernmental community housing
development organization or a Department of Agriculture
rural housing service program; or
‘‘(C) in the absence of a homeless service provider
on tribal lands or nonprofit, nongovernmental community
housing development organization on tribal lands, a tribally
designated housing entity or tribal housing consortium;
‘‘(3) may include a dating violence, sexual assault, or
stalking victim service provider;
‘‘(4) may include housing developers, housing corporations,
State housing finance agencies, other housing agencies, and
associations representing landlords;
‘‘(5) may include a public housing agency or tribally designated housing entity;
‘‘(6) may include tenant organizations in public or tribally
designated housing, as well as nonprofit, nongovernmental tenant organizations;

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14043e–3.
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PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(7) may include other nonprofit, nongovernmental
organizations participating in the Department of Housing and
Urban Development’s Continuum of Care process;
‘‘(8) may include a State, tribal, territorial, or local government or government agency; and
‘‘(9) may include any other agencies or nonprofit, nongovernmental organizations with the capacity to provide effective help to adult and youth victims of domestic violence, dating
violence, sexual assault, or stalking.
‘‘(c) APPLICATION.—Each eligible entity seeking funds under
this section shall submit an application to the Secretary of Health
and Human Services at such time, in such manner, and containing
such information as the Secretary of Health and Human Services
may require.
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds awarded to eligible entities under
subsection (a) shall be used to design or replicate and implement new activities, services, and programs to increase the
stability and self-sufficiency of, and create partnerships to
develop long-term housing options for adult and youth victims
of domestic violence, dating violence, sexual assault, or stalking,
and their dependents, who are currently homeless or at risk
of becoming homeless.
‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.—Such activities,
services, or programs described in paragraph (1) shall develop
sustainable long-term living solutions in the community by—
‘‘(A) coordinating efforts and resources among the various groups and organizations comprised in the entity to
access existing private and public funding;
‘‘(B) assisting with the placement of individuals and
families in long-term housing; and
‘‘(C) providing services to help individuals or families
find and maintain long-term housing, including financial
assistance and support services;
‘‘(3) may develop partnerships with individuals, organizations, corporations, or other entities that provide capital costs
for the purchase, preconstruction, construction, renovation,
repair, or conversion of affordable housing units;
‘‘(4) may use funds for the administrative expenses related
to the continuing operation, upkeep, maintenance, and use
of housing described in paragraph (3); and
‘‘(5) may provide to the community information about
housing and housing programs, and the process to locate and
obtain long-term housing.
‘‘(e) LIMITATION.—Funds provided under paragraph (a) shall
not be used for construction, modernization or renovation.
‘‘(f) UNDERSERVED POPULATIONS AND PRIORITIES.—In awarding
grants under this section, the Secretary of Health and Human
Services shall—
‘‘(1) give priority to linguistically and culturally specific
services;
‘‘(2) give priority to applications from entities that include
a sexual assault service provider as described in subsection
(b)(3); and
‘‘(3) award a minimum of 15 percent of the funds appropriated under this section in any fiscal year to tribal organizations.

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119 STAT. 3035

‘‘(g) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFORDABLE HOUSING.—The term ‘affordable housing’
means housing that complies with the conditions set forth
in section 215 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12745).
‘‘(2) LONG-TERM HOUSING.—The term ‘long-term housing’
means housing that is sustainable, accessible, affordable, and
safe for the foreseeable future and is—
‘‘(A) rented or owned by the individual;
‘‘(B) subsidized by a voucher or other program which
is not time-limited and is available for as long as the
individual meets the eligibility requirements for the
voucher or program; or
‘‘(C) provided directly by a program, agency, or
organization and is not time-limited and is available for
as long as the individual meets the eligibility requirements
for the program, agency, or organization.
‘‘(h) EVALUATION, MONITORING, ADMINISTRATION, AND TECHNICAL ASSISTANCE.—For purposes of this section—
‘‘(1) up to 5 percent of the funds appropriated under subsection (i) for each fiscal year may be used by the Secretary
of Health and Human Services for evaluation, monitoring, and
administration costs under this section; and
‘‘(2) up to 8 percent of the funds appropriated under subsection (i) for each fiscal year may be used to provide technical
assistance to grantees under this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $10,000,000 for each of fiscal years 2007 through
2011 to carry out the provisions of this section.
‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN
PUBLIC AND ASSISTED HOUSING.

‘‘(a) PURPOSE.—It is the purpose of this section to assist eligible
grantees in responding appropriately to domestic violence, dating
violence, sexual assault, and stalking so that the status of being
a victim of such a crime is not a reason for the denial or loss
of housing. Such assistance shall be accomplished through—
‘‘(1) education and training of eligible entities;
‘‘(2) development and implementation of appropriate
housing policies and practices;
‘‘(3) enhancement of collaboration with victim service providers and tenant organizations; and
‘‘(4) reduction of the number of victims of such crimes
who are evicted or denied housing because of crimes and lease
violations committed or directly caused by the perpetrators
of such crimes.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General, acting through
the Director of the Violence Against Women Office of the
Department of Justice (‘Director’), and in consultation with
the Secretary of Housing and Urban Development (‘Secretary’),
and the Secretary of Health and Human Services, acting
through the Administration for Children, Youth and Families
(‘ACYF’), shall award grants and contracts for not less than
2 years to eligible grantees to promote the full and equal
access to and use of housing by adult and youth victims of
domestic violence, dating violence, sexual assault, and stalking.

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14043e–4.

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119 STAT. 3036

Certification.

Deadline.

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‘‘(2) AMOUNTS.—Not less than 15 percent of the funds
appropriated to carry out this section shall be available for
grants to tribally designated housing entities.
‘‘(3) AWARD BASIS.—The Attorney General shall award
grants and contracts under this section on a competitive basis.
‘‘(4) LIMITATION.—Appropriated funds may only be used
for the purposes described in subsection (f).
‘‘(c) ELIGIBLE GRANTEES.—
‘‘(1) IN GENERAL.—Eligible grantees are—
‘‘(A) public housing agencies;
‘‘(B) principally managed public housing resident
management corporations, as determined by the Secretary;
‘‘(C) public housing projects owned by public housing
agencies;
‘‘(D) tribally designated housing entities; and
‘‘(E) private, for-profit, and nonprofit owners or managers of assisted housing.
‘‘(2) SUBMISSION REQUIRED FOR ALL GRANTEES.—To receive
assistance under this section, an eligible grantee shall certify
that—
‘‘(A) its policies and practices do not prohibit or limit
a resident’s right to summon police or other emergency
assistance in response to domestic violence, dating violence,
sexual assault, or stalking;
‘‘(B) programs and services are developed that give
a preference in admission to adult and youth victims of
such violence, consistent with local housing needs, and
applicable law and the Secretary’s instructions;
‘‘(C) it does not discriminate against any person—
‘‘(i) because that person is or is perceived to be,
or has a family or household member who is or is
perceived to be, a victim of such violence; or
‘‘(ii) because of the actions or threatened actions
of the individual who the victim, as certified in subsection (e), states has committed or threatened to
commit acts of such violence against the victim, or
against the victim’s family or household member;
‘‘(D) plans are developed that establish meaningful consultation and coordination with local victim service providers, tenant organizations, linguistically and culturally
specific service providers, State domestic violence and
sexual assault coalitions, and, where they exist, tribal
domestic violence and sexual assault coalitions; and
‘‘(E) its policies and practices will be in compliance
with those described in this paragraph within the later
of 1 year or a period selected by the Attorney General
in consultation with the Secretary and ACYF.
‘‘(d) APPLICATION.—Each eligible entity seeking a grant under
this section shall submit an application to the Attorney General
at such a time, in such a manner, and containing such information
as the Attorney General may require.
‘‘(e) CERTIFICATION.—
‘‘(1) IN GENERAL.—A public housing agency, tribally designated housing entity, or assisted housing provider receiving
funds under this section may request that an individual
claiming relief under this section certify that the individual
is a victim of domestic violence, dating violence, sexual assault,

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or stalking. The individual shall provide a copy of such certification to the public housing agency, tribally designated housing
entity, or assisted housing provider within a reasonable period
of time after the agency or authority requests such certification.
‘‘(2) CONTENTS.—An individual may satisfy the certification
requirement of paragraph (1) by—
‘‘(A) providing the public housing agency, tribally designated housing entity, or assisted housing provider with
documentation, signed by an employee, agent, or volunteer
of a victim service provider, an attorney, a member of
the clergy, a medical professional, or any other professional
from whom the victim has sought assistance in addressing
domestic violence, dating violence, sexual assault, or
stalking, or the effects of abuse; or
‘‘(B) producing a Federal, State, tribal, territorial, or
local police or court record.
‘‘(3) LIMITATION.—Nothing in this subsection shall be construed to require any housing agency, assisted housing provider,
tribally designated housing entity, owner, or manager to
demand that an individual produce official documentation or
physical proof of the individual’s status as a victim of domestic
violence, dating violence, sexual assault, or stalking, in order
to receive any of the benefits provided in this section. A housing
agency, assisted housing provider, tribally designated housing
entity, owner, or manager may provide benefits to an individual
based solely on the individual’s statement or other corroborating
evidence.
‘‘(4) CONFIDENTIALITY.—
‘‘(A) IN GENERAL.—All information provided to any
housing agency, assisted housing provider, tribally designated housing entity, owner, or manager pursuant to
paragraph (1), including the fact that an individual is a
victim of domestic violence, dating violence, sexual assault,
or stalking, shall be retained in confidence by such agency,
and shall neither be entered into any shared database,
nor provided to any related housing agency, assisted
housing provider, tribally designated housing entity, owner,
or manager, except to the extent that disclosure is—
‘‘(i) requested or consented to by the individual
in writing; or
‘‘(ii) otherwise required by applicable law.
‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants of their rights under this section,
including their right to confidentiality and the limits
thereof, and to owners and managers of their rights and
obligations under this section.
‘‘(f) USE OF FUNDS.—Grants and contracts awarded pursuant
to subsection (a) shall provide to eligible entities personnel, training,
and technical assistance to develop and implement policies, practices, and procedures, making physical improvements or changes,
and developing or enhancing collaborations for the purposes of—
‘‘(1) enabling victims of domestic violence, dating violence,
sexual assault, and stalking with otherwise disqualifying rental,
credit, or criminal histories to be eligible to obtain housing
or housing assistance, if such victims would otherwise qualify
for housing or housing assistance and can provide documented

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PUBLIC LAW 109–162—JAN. 5, 2006

evidence that demonstrates the causal connection between such
violence or abuse and the victims’ negative histories;
‘‘(2) permitting applicants for housing or housing assistance
to provide incomplete rental and employment histories, otherwise required as a condition of admission or assistance, if
the victim believes that providing such rental and employment
history would endanger the victim’s or the victim children’s
safety;
‘‘(3) protecting victims’ confidentiality, including protection
of victims’ personally identifying information, address, or rental
history;
‘‘(4) assisting victims who need to leave a public housing,
tribally designated housing, or assisted housing unit quickly
to protect their safety, including those who are seeking transfer
to a new public housing unit, tribally designated housing unit,
or assisted housing unit, whether in the same or a different
neighborhood or jurisdiction;
‘‘(5) enabling the public housing agency, tribally designated
housing entity, or assisted housing provider, or the victim,
to remove, consistent with applicable State law, the perpetrator
of domestic violence, dating violence, sexual assault, or stalking
without evicting, removing, or otherwise penalizing the victim;
‘‘(6) enabling the public housing agency, tribally designated
housing entity, or assisted housing provider, when notified,
to honor court orders addressing rights of access to or control
of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where
a family breaks up;
‘‘(7) developing and implementing more effective security
policies, protocols, and services;
‘‘(8) allotting not more than 15 percent of funds awarded
under the grant to make modest physical improvements to
enhance safety;
‘‘(9) training personnel to more effectively identify and
respond to victims of domestic violence, dating violence, sexual
assault, and stalking; and
‘‘(10) effectively providing notice to applicants and residents
of the above housing policies, practices, and procedures.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $10,000,000 for each of fiscal years 2007 through
2011 to carry out the provisions of this section.
‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of the amount
appropriated under subsection (g) for each fiscal year shall be
used by the Attorney General for technical assistance costs under
this section.’’.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.

(a) IN GENERAL.—Section 40299 of the Violence Against Women
Act of 1994 (42 U.S.C. 13975) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘the Department of Housing and
Urban Development, and the Department of Health and
Human Services,’’ after ‘‘Department of Justice,’’;

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119 STAT. 3039

(B) by inserting ‘‘, including domestic violence and
sexual assault victim service providers, domestic violence
and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally
specific organizations, that have a documented history of
effective work concerning domestic violence, dating
violence, sexual assault, or stalking’’ after ‘‘other organizations’’; and
(C) in paragraph (1), by inserting ‘‘, dating violence,
sexual assault, or stalking’’ after ‘‘domestic violence’’;
(2) in subsection (b)—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
(B) in paragraph (3), as redesignated, by inserting
‘‘, dating violence, sexual assault, or stalking’’ after
‘‘violence’’;
(C) by inserting before paragraph (2), as redesignated,
the following:
‘‘(1) transitional housing, including funding for the operating expenses of newly developed or existing transitional
housing.’’; and
(D) in paragraph (3)(B) as redesignated, by inserting
‘‘Participation in the support services shall be voluntary.
Receipt of the benefits of the housing assistance described
in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their dependents in any
or all of the support services offered them.’’ after ‘‘assistance.’’;
(3) in paragraph (1) of subsection (c), by striking ‘‘18
months’’ and inserting ‘‘24 months’’;
(4) in subsection (d)(2)—
(A) by striking ‘‘and’’ at the end of subparagraph (A);
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) provide assurances that any supportive services
offered to participants in programs developed under subsection (b)(3) are voluntary and that refusal to receive
such services shall not be grounds for termination from
the program or eviction from the victim’s housing; and’’;
(5) in subsection (e)(2)—
(A) in subparagraph (A), by inserting ‘‘purpose and’’
before ‘‘amount’’;
(B) in clause (ii) of subparagraph (C), by striking ‘‘and’’;
(C) in subparagraph (D), by striking the period and
inserting ‘‘; and’’; and
(D) by adding at the end the following new subparagraph:
‘‘(E) the client population served and the number of
individuals requesting services that the transitional
housing program is unable to serve as a result of a lack
of resources.’’; and
(6) in subsection (g)—
(A) in paragraph (1), by striking ‘‘$30,000,000’’ and
inserting ‘‘$40,000,000’’;
(B) in paragraph (1), by striking ‘‘2004’’ and inserting
‘‘2007’’;

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PUBLIC LAW 109–162—JAN. 5, 2006
(C) in paragraph (1), by striking ‘‘2008’’ and inserting
‘‘2011’’;
(D) in paragraph (2), by striking ‘‘not more than 3
percent’’ and inserting ‘‘up to 5 percent’’;
(E) in paragraph (2), by inserting ‘‘evaluation, monitoring, technical assistance,’’ before ‘‘salaries’’; and
(F) in paragraph (3), by adding at the end the following
new subparagraphs:
‘‘(C) UNDERSERVED POPULATIONS.—
‘‘(i) A minimum of 7 percent of the total amount
appropriated in any fiscal year shall be allocated to
tribal organizations serving adult and youth victims
of domestic violence, dating violence, sexual assault,
or stalking, and their dependents.
‘‘(ii) Priority shall be given to projects developed
under subsection (b) that primarily serve underserved
populations.’’.

SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.

Section 5A of the United States Housing Act of 1937 (42 U.S.C.
1437c–1) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following:
‘‘(2) STATEMENT OF GOALS.—The 5-year plan shall include
a statement by any public housing agency of the goals, objectives, policies, or programs that will enable the housing
authority to serve the needs of child and adult victims of
domestic violence, dating violence, sexual assault, or stalking.’’;
(2) in subsection (d), by redesignating paragraphs (13),
(14), (15), (16), (17), and (18), as paragraphs (14), (15), (16),
(17), (18), and (19), respectively; and
(3) by inserting after paragraph (12) the following:
‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING PROGRAMS.—A description of—
‘‘(A) any activities, services, or programs provided or
offered by an agency, either directly or in partnership
with other service providers, to child or adult victims of
domestic violence, dating violence, sexual assault, or
stalking;
‘‘(B) any activities, services, or programs provided or
offered by a public housing agency that helps child and
adult victims of domestic violence, dating violence, sexual
assault, or stalking, to obtain or maintain housing; and
‘‘(C) any activities, services, or programs provided or
offered by a public housing agency to prevent domestic
violence, dating violence, sexual assault, and stalking, or
to enhance victim safety in assisted families.’’.
SEC. 604. HOUSING STRATEGIES.

Section 105(b)(1) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after
‘‘immunodeficiency syndrome,’’ the following: ‘‘victims of domestic
violence, dating violence, sexual assault, and stalking’’.

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119 STAT. 3041

SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

Section 423 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11383) is amended—
(1) by adding at the end of subsection (a) the following:
‘‘(8) CONFIDENTIALITY.—
‘‘(A) VICTIM SERVICE PROVIDERS.—In the course of
awarding grants or implementing programs under this subsection, the Secretary shall instruct any victim service provider that is a recipient or subgrantee not to disclose for
purposes of a Homeless Management Information System
personally identifying information about any client. The
Secretary may, after public notice and comment, require
or ask such recipients and subgrantees to disclose for purposes of a Homeless Management Information System nonpersonally identifying data that has been de-identified,
encrypted, or otherwise encoded. Nothing in this section
shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection
than this paragraph for victims of domestic violence, dating
violence, sexual assault, or stalking.
‘‘(B) DEFINITIONS.—
‘‘(i) PERSONALLY IDENTIFYING INFORMATION OR 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—
‘‘(I) a first and last name;
‘‘(II) a home or other physical address;
‘‘(III) contact information (including a postal,
e-mail or Internet protocol address, or telephone
or facsimile number);
‘‘(IV) a social security number; and
‘‘(V) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any other
non-personally identifying information would serve
to identify any individual.
‘‘(ii) VICTIM SERVICE PROVIDER.—The term ‘victim
service provider’ or ‘victim service providers’ means
a nonprofit, nongovernmental organization including
rape crisis centers, battered women’s shelters, domestic
violence transitional housing programs, and other programs whose primary mission is to provide services
to victims of domestic violence, dating violence, sexual
assault, or stalking.’’.
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE
VOUCHER PROGRAM.

Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended—
(1) in subsection (c), by adding at the end the following
new paragraph:
‘‘(9)(A) That an applicant or participant is or has been
a victim of domestic violence, dating violence, or stalking is

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119 STAT. 3042

PUBLIC LAW 109–162—JAN. 5, 2006
not an appropriate basis for denial of program assistance or
for denial of admission, if the applicant otherwise qualifies
for assistance or admission.
‘‘(B) An incident or incidents of actual or threatened
domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease by the
victim or threatened victim of that violence and shall not be
good cause for terminating the assistance, tenancy, or occupancy rights of the victim of such violence.
‘‘(C)(i) Criminal activity directly relating to domestic
violence, dating violence, or stalking, engaged in by a member
of a tenant’s household or any guest or other person under
the tenant’s control shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate
member of the tenant’s family is the victim or threatened
victim of that domestic violence, dating violence, or stalking.
‘‘(ii) Notwithstanding clause (i), an owner or manager may
bifurcate a lease under this section, in order to evict, remove,
or terminate assistance to any individual who is a tenant
or lawful occupant and who engages in criminal acts of physical
violence against family members or others, without evicting,
removing, terminating assistance to, or otherwise penalizing
the victim of such violence who is also a tenant or lawful
occupant.
‘‘(iii) Nothing in clause (i) may be construed to limit the
authority of a public housing agency, owner, or manager, when
notified, to honor court orders addressing rights of access to
or control of the property, including civil protection orders
issued to protect the victim and issued to address the distribution or possession of property among the household members
in cases where a family breaks up.
‘‘(iv) Nothing in clause (i) limits any otherwise available
authority of an owner or manager to evict or the public housing
agency to terminate assistance to a tenant for any violation
of a lease not premised on the act or acts of violence in question
against the tenant or a member of the tenant’s household,
provided that the owner or manager does not subject an individual who is or has been a victim of domestic violence, dating
violence, or stalking to a more demanding standard than other
tenants in determining whether to evict or terminate.
‘‘(v) Nothing in clause (i) may be construed to limit the
authority of an owner, manager, or public housing agency to
evict or terminate from assistance any tenant or lawful occupant if the owner, manager or public housing agency can demonstrate an actual and imminent threat to other tenants or
those employed at or providing service to the property if that
tenant is not evicted or terminated from assistance.
‘‘(vi) Nothing in this section shall be construed to supersede
any provision of any Federal, State, or local law that provides
greater protection than this section for victims of domestic
violence, dating violence, or stalking.’’;
(2) in subsection (d)—
(A) in paragraph (1)(A), by inserting after ‘‘public
housing agency’’ the following: ‘‘and that an applicant or
participant is or has been a victim of domestic violence,
dating violence, or stalking is not an appropriate basis
for denial of program assistance or for denial of admission

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119 STAT. 3043

if the applicant otherwise qualifies for assistance or admission’’;
(B) in paragraph (1)(B)(ii), by inserting after ‘‘other
good cause’’ the following: ‘‘, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious
or repeated violation of the lease by the victim or threatened victim of that violence and will not be good cause
for terminating the tenancy or occupancy rights of the
victim of such violence’’; and
(C) in paragraph (1)(B)(iii), by inserting after ‘‘termination of tenancy’’ the following: ‘‘, except that: (I) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant’s
household or any guest or other person under the tenant’s
control, shall not be cause for termination of the tenancy
or occupancy rights or program assistance, if the tenant
or immediate member of the tenant’s family is a victim
of that domestic violence, dating violence, or stalking; (II)
notwithstanding subclause (I), a public housing agency may
terminate assistance to any individual who is a tenant
or lawful occupant and who engages in criminal acts of
physical violence against family members or others, or
an owner or manager under this section may bifurcate
a lease, in order to evict, remove, or terminate assistance
to any individual who is a tenant or lawful occupant and
who engages in criminal acts of physical violence against
family members or others, without evicting, removing,
terminating assistance to, or otherwise penalizing the
victim of such violence who is also a tenant or lawful
occupant; (III) nothing in subclause (I) may be construed
to limit the authority of a public housing agency, owner,
or manager, when notified, to honor court orders addressing
rights of access to or control of the property, including
civil protection orders issued to protect the victim and
issued to address the distribution or possession of property
among the household members in cases where a family
breaks up; (IV) nothing in subclause (I) limits any otherwise available authority of an owner or manager to evict
or the public housing agency to terminate assistance to
a tenant for any violation of a lease not premised on
the act or acts of violence in question against the tenant
or a member of the tenant’s household, provided that the
owner, manager, or public housing agency does not subject
an individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more demanding
standard than other tenants in determining whether to
evict or terminate; (V) nothing in subclause (I) may be
construed to limit the authority of an owner or manager
to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public
housing agency can demonstrate an actual and imminent
threat to other tenants or those employed at or providing
service to the property if that tenant is not evicted or
terminated from assistance; and (VI) nothing in this section
shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection

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PUBLIC LAW 109–162—JAN. 5, 2006
than this section for victims of domestic violence, dating
violence, or stalking.’’;
(3) in subsection (f)—
(A) in paragraph (6), by striking ‘‘and’’;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
‘‘(8) the term ‘domestic violence’ has the same meaning
given the term in section 40002 of the Violence Against Women
Act of 1994;
‘‘(9) the term ‘dating violence’ has the same meaning given
the term in section 40002 of the Violence Against Women
Act of 1994; and
‘‘(10) the term ‘stalking’ means—
‘‘(A)(i) to follow, pursue, or repeatedly commit acts
with the intent to kill, injure, harass, or intimidate another
person; and
‘‘(ii) to place under surveillance with the intent to
kill, injure, harass, or intimidate another person; and
‘‘(B) in the course of, or as a result of, such following,
pursuit, surveillance, or repeatedly committed acts, to place
a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm
to—
‘‘(i) that person;
‘‘(ii) a member of the immediate family of that
person; or
‘‘(iii) the spouse or intimate partner of that person;
and
‘‘(11) the term ‘immediate family member’ means, with
respect to a person—
‘‘(A) a spouse, parent, brother or sister, or child of
that person, or an individual to whom that person stands
in loco parentis; or
‘‘(B) any other person living in the household of that
person and related to that person by blood and marriage.’’;
(4) in subsection (o)—
(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ‘‘That an applicant or participant
is or has been a victim of domestic violence, dating violence,
or stalking is not an appropriate basis for denial of program
assistance by or for denial of admission if the applicant
otherwise qualifies for assistance for admission, and that
nothing in this section shall be construed to supersede
any provision of any Federal, State, or local law that provides greater protection than this section for victims of
domestic violence, dating violence, or stalking.’’;
(B) in paragraph (7)(C), by inserting after ‘‘other good
cause’’ the following: ‘‘, and that an incident or incidents
of actual or threatened domestic violence, dating violence,
or stalking shall not be construed as a serious or repeated
violation of the lease by the victim or threatened victim
of that violence and shall not be good cause for terminating
the tenancy or occupancy rights of the victim of such
violence’’;
(C) in paragraph (7)(D), by inserting after ‘‘termination
of tenancy’’ the following: ‘‘; except that (i) criminal activity

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119 STAT. 3045

directly relating to domestic violence, dating violence, or
stalking, engaged in by a member of a tenant’s household
or any guest or other person under the tenant’s control
shall not be cause for termination of the tenancy or occupancy rights, if the tenant or immediate member of the
tenant’s family is a victim of that domestic violence, dating
violence, or stalking; (ii) notwithstanding clause (i), a public
housing agency may terminate assistance to any individual
who is a tenant or lawful occupant and who engages in
criminal acts of physical violence against family members
or others, or an owner or manager may bifurcate a lease
under this section, in order to evict, remove, or terminate
assistance to any individual who is a tenant or lawful
occupant and who engages in criminal acts of physical
violence against family members or others, without
evicting, removing, terminating assistance to, or otherwise
penalizing the victim of such violence who is also a tenant
or lawful occupant; (iii) nothing in clause (i) may be construed to limit the authority of a public housing agency,
owner, or manager, when notified, to honor court orders
addressing rights of access to control of the property,
including civil protection orders issued to protect the victim
and issued to address the distribution or possession of
property among the household members in cases where
a family breaks up; (iv) nothing in clause (i) limits any
otherwise available authority of an owner or manager to
evict or the public housing agency to terminate assistance
to a tenant for any violation of a lease not premised on
the act or acts of violence in question against the tenant
or a member of the tenant’s household, provided that the
owner, manager, or public housing agency does not subject
an individual who is or has been a victim of domestic
violence, dating violence, or stalking to a more demanding
standard than other tenants in determining whether to
evict or terminate; (v) nothing in clause (i) may be construed to limit the authority of an owner or manager to
evict, or the public housing agency to terminate, assistance
to any tenant if the owner, manager, or public housing
agency can demonstrate an actual and imminent threat
to other tenants or those employed at or providing service
to the property if that tenant is not evicted or terminated
from assistance; and (vi) nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence,
or stalking.’’; and
(D) by adding at the end the following new paragraph:
‘‘(20) PROHIBITED BASIS FOR TERMINATION OF ASSISTANCE.—
‘‘(A) IN GENERAL.—A public housing agency may not terminate assistance to a participant in the voucher program on
the basis of an incident or incidents of actual or threatened
domestic violence, dating violence, or stalking against that
participant.
‘‘(B) CONSTRUAL OF LEASE PROVISIONS.—Criminal activity
directly relating to domestic violence, dating violence, or
stalking shall not be considered a serious or repeated violation
of the lease by the victim or threatened victim of that criminal

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activity justifying termination of assistance to the victim or
threatened victim.
‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY.—
Criminal activity directly relating to domestic violence, dating
violence, or stalking shall not be considered cause for termination of assistance for any participant or immediate member
of a participant’s family who is a victim of the domestic violence,
dating violence, or stalking.
‘‘(D) EXCEPTIONS.—
‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE
FOR CRIMINAL ACTS.—Nothing in subparagraph (A), (B),
or (C) may be construed to limit the authority of the
public housing agency to terminate voucher assistance to
individuals who engage in criminal acts of physical violence
against family members or others.
‘‘(ii) COMPLIANCE WITH COURT ORDERS.—Nothing in
subparagraph (A), (B), or (C) may be construed to limit
the authority of a public housing agency, when notified,
to honor court orders addressing rights of access to or
control of the property, including civil protection orders
issued to protect the victim and issued to address the
distribution possession of property among the household
members in cases where a family breaks up.
‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE
VOUCHER ASSISTANCE FOR LEASE VIOLATIONS.—Nothing in
subparagraph (A), (B), or (C) limit any otherwise available
authority of the public housing agency to terminate voucher
assistance to a tenant for any violation of a lease not
premised on the act or acts of violence in question against
the tenant or a member of the tenant’s household, provided
that the public housing agency does not subject an individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard
than other tenants in determining whether to terminate.
‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE
VOUCHER ASSISTANCE FOR IMMINENT THREAT.—Nothing in
subparagraph (A), (B), or (C) may be construed to limit
the authority of the public housing agency to terminate
voucher assistance to a tenant if the public housing agency
can demonstrate an actual and imminent threat to other
tenants or those employed at or providing service to the
property or public housing agency if that tenant is not
evicted or terminated from assistance.
‘‘(v) PREEMPTION.—Nothing in this section shall be construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence,
or stalking.’’;
(5) in subsection (r)(5), by inserting after ‘‘violation of a
lease’’ the following: ‘‘, except that a family may receive a
voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has complied with all other obligations of the section
8 program and has moved out of the assisted dwelling unit
in order to protect the health or safety of an individual who
is or has been the victim of domestic violence, dating violence,
or stalking and who reasonably believed he or she was

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119 STAT. 3047

imminently threatened by harm from further violence if he
or she remained in the assisted dwelling unit’’; and
(6) by adding at the end the following new subsection:
‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.—
‘‘(1) CERTIFICATION.—
‘‘(A) IN GENERAL.—An owner, manager, or public
housing agency responding to subsections (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and
(r)(5) may request that an individual certify via a HUD
approved certification form that the individual is a victim
of domestic violence, dating violence, or stalking, and that
the incident or incidents in question are bona fide incidents
of such actual or threatened abuse and meet the requirements set forth in the aforementioned paragraphs. Such
certification shall include the name of the perpetrator. The
individual shall provide such certification within 14 business days after the owner, manager, or public housing
agency requests such certification.
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business
days after the owner, manager, public housing agency,
or assisted housing provider has requested such certification in writing, nothing in this subsection or in subsection
(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
or (r)(5) may be construed to limit the authority of an
owner or manager to evict, or the public housing agency
or assisted housing provider to terminate voucher assistance for, any tenant or lawful occupant that commits violations of a lease. The owner, manager, public housing
agency, or assisted housing provider may extend the 14day deadline at their discretion.
‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—
‘‘(i) providing the requesting owner, manager, or
public housing agency with documentation signed by
an employee, agent, or volunteer of a victim service
provider, an attorney, or a medical professional, from
whom the victim has sought assistance in addressing
domestic violence, dating violence, sexual assault, or
stalking, or the effects of the abuse, in which the
professional attests under penalty of perjury (28 U.S.C.
1746) to the professional’s belief that the incident or
incidents in question are bona fide incidents of abuse,
and the victim of domestic violence, dating violence,
or stalking has signed or attested to the documentation; or
‘‘(ii) producing a Federal, State, tribal, territorial,
or local police or court record.
‘‘(D) LIMITATION.—Nothing in this subsection shall be
construed to require an owner, manager, or public housing
agency to demand that an individual produce official documentation or physical proof of the individual’s status as
a victim of domestic violence, dating violence, sexual
assault, or stalking in order to receive any of the benefits
provided in this section. At their discretion, the owner,
manager, or public housing agency may provide benefits

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to an individual based solely on the individual’s statement
or other corroborating evidence.
‘‘(E) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this
statute by an owner, manager, public housing agency, or
assisted housing provider based on the certification specified in paragraphs (1)(A) and (B) of this subsection or
based solely on the victim’s statement or other corroborating evidence, as permitted by paragraph (1)(C) of this
subsection, shall not alone be sufficient to constitute evidence of an unreasonable act or omission by an owner,
manger, public housing agency, or assisted housing provider, or employee thereof. Nothing in this subparagraph
shall be construed to limit liability for failure to comply
with the requirements of subsection (c)(9), (d)(1)(B)(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5).
‘‘(F) PREEMPTION.—Nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence,
or stalking.
‘‘(2) CONFIDENTIALITY.—
‘‘(A) IN GENERAL.—All information provided to an
owner, manager, or public housing agency pursuant to
paragraph (1), including the fact that an individual is a
victim of domestic violence, dating violence, or stalking,
shall be retained in confidence by an owner, manager,
or public housing agency, and shall neither be entered
into any shared database nor provided to any related entity,
except to the extent that disclosure is—
‘‘(i) requested or consented to by the individual
in writing;
‘‘(ii) required for use in an eviction proceeding
under subsection (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), or (o)(20),; or
‘‘(iii) otherwise required by applicable law.
‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants assisted under Section 8 of the United
States Housing Act of 1937 of their rights under this subsection and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5), including their right
to confidentiality and the limits thereof, and to owners
and managers of their rights and obligations under this
subsection and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).’’.

SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.

Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended—
(1) in subsection (c), by redesignating paragraph (3) and
(4), as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
‘‘(3) the public housing agency shall not deny admission
to the project to any applicant on the basis that the applicant
is or has been a victim of domestic violence, dating violence,
or stalking if the applicant otherwise qualifies for assistance
or admission, and that nothing in this section shall be construed

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to supersede any provision of any Federal, State, or local law
that provides greater protection than this section for victims
of domestic violence, dating violence, or stalking’’;
(3) in subsection (l)(5), by inserting after ‘‘other good cause’’
the following: ‘‘, and that an incident or incidents of actual
or threatened domestic violence, dating violence, or stalking
will not be construed as a serious or repeated violation of
the lease by the victim or threatened victim of that violence
and will not be good cause for terminating the tenancy or
occupancy rights of the victim of such violence’’;
(4) in subsection (l)(6), by inserting after ‘‘termination of
tenancy’’ the following: ‘‘; except that: (A) criminal activity
directly relating to domestic violence, dating violence, or
stalking, engaged in by a member of a tenant’s household
or any guest or other person under the tenant’s control, shall
not be cause for termination of the tenancy or occupancy rights,
if the tenant or immediate member of the tenant’s family is
a victim of that domestic violence, dating violence, or stalking;
(B) notwithstanding subparagraph (A), a public housing agency
under this section may bifurcate a lease under this section,
in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant and who engages
in criminal acts of physical violence against family members
or others, without evicting, removing, terminating assistance
to, or otherwise penalizing the victim of such violence who
is also a tenant or lawful occupant; (C) nothing in subparagraph
(A) may be construed to limit the authority of a public housing
agency, when notified, to honor court orders addressing rights
of access to or control of the property, including civil protection
orders issued to protect the victim and issued to address the
distribution or possession of property among the household
members in cases where a family breaks up; (D) nothing in
subparagraph (A) limits any otherwise available authority of
a public housing agency to evict a tenant for any violation
of a lease not premised on the act or acts of violence in question
against the tenant or a member of the tenant’s household,
provided that the public housing agency does not subject an
individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard
than other tenants in determining whether to evict or terminate; (E) nothing in subparagraph (A) may be construed to
limit the authority of a public housing agency to terminate
the tenancy of any tenant if the public housing agency can
demonstrate an actual and imminent threat to other tenants
or those employed at or providing service to the property if
that tenant’s tenancy is not terminated; and (F) nothing in
this section shall be construed to supersede any provision of
any Federal, State, or local law that provides greater protection
than this section for victims of domestic violence, dating
violence, or stalking.’’; and
(5) by inserting at the end of subsection (t) the following
new subsection:
‘‘(u) CERTIFICATION AND CONFIDENTIALITY.—
‘‘(1) CERTIFICATION.—
‘‘(A) IN GENERAL.—A public housing agency responding
to subsection (l)(5) and (6) may request that an individual
certify via a HUD approved certification form that the

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individual is a victim of domestic violence, dating violence,
or stalking, and that the incident or incidents in question
are bona fide incidents of such actual or threatened abuse
and meet the requirements set forth in the aforementioned
paragraphs. Such certification shall include the name of
the perpetrator. The individual shall provide such certification within 14 business days after the public housing
agency requests such certification.
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business
days after the public housing agency has requested such
certification in writing, nothing in this subsection, or in
paragraph (5) or (6) of subsection (l), may be construed
to limit the authority of the public housing agency to evict
any tenant or lawful occupant that commits violations of
a lease. The public housing agency may extend the 14day deadline at its discretion.
‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—
‘‘(i) providing the requesting public housing agency
with documentation signed by an employee, agent, or
volunteer of a victim service provider, an attorney,
or a medical professional, from whom the victim has
sought assistance in addressing domestic violence,
dating violence, or stalking, or the effects of the abuse,
in which the professional attests under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that
the incident or incidents in question are bona fide
incidents of abuse, and the victim of domestic violence,
dating violence, or stalking has signed or attested to
the documentation; or
‘‘(ii) producing a Federal, State, tribal, territorial,
or local police or court record.
‘‘(D) LIMITATION.—Nothing in this subsection shall be
construed to require any public housing agency to demand
that an individual produce official documentation or physical proof of the individual’s status as a victim of domestic
violence, dating violence, or stalking in order to receive
any of the benefits provided in this section. At the public
housing agency’s discretion, a public housing agency may
provide benefits to an individual based solely on the
individual’s statement or other corroborating evidence.
‘‘(E) PREEMPTION.—Nothing in this section shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
section for victims of domestic violence, dating violence,
or stalking.
‘‘(F) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this
statute by a public housing agency, or assisted housing
provider based on the certification specified in subparagraphs (A) and (B) of this subsection or based solely on
the victim’s statement or other corroborating evidence, as
permitted by subparagraph (D) of this subsection, shall
not alone be sufficient to constitute evidence of an
unreasonable act or omission by a public housing agency
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be construed to limit liability for failure to comply with
the requirements of subsection (l)(5) and (6).
‘‘(2) CONFIDENTIALITY.—
‘‘(A) IN GENERAL.—All information provided to any
public housing agency pursuant to paragraph (1), including
the fact that an individual is a victim of domestic violence,
dating violence, or stalking, shall be retained in confidence
by such public housing agency, and shall neither be entered
into any shared database nor provided to any related entity,
except to the extent that disclosure is—
‘‘(i) requested or consented to by the individual
in writing;
‘‘(ii) required for use in an eviction proceeding
under subsection (l)(5) or (6); or
‘‘(iii) otherwise required by applicable law.
‘‘(B) NOTIFICATION.—Public housing agencies must provide notice to tenants assisted under section 6 of the United
States Housing Act of 1937 of their rights under this subsection and subsection (l)(5) and (6), including their right
to confidentiality and the limits thereof.
‘‘(3) DEFINITIONS.—For purposes of this subsection, subsection (c)(3), and subsection (l)(5) and (6)—
‘‘(A) the term ‘domestic violence’ has the same meaning
given the term in section 40002 of the Violence Against
Women Act of 1994;
‘‘(B) the term ‘dating violence’ has the same meaning
given the term in section 40002 of the Violence Against
Women Act of 1994;
‘‘(C) the term ‘stalking’ means—
‘‘(i)(I) to follow, pursue, or repeatedly commit acts
with the intent to kill, injure, harass, or intimidate;
or
‘‘(II) to place under surveillance with the intent
to kill, injure, harass, or intimidate another person;
and
‘‘(ii) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed
acts, to place a person in reasonable fear of the death
of, or serious bodily injury to, or to cause substantial
emotional harm to—
‘‘(I) that person;
‘‘(II) a member of the immediate family of
that person; or
‘‘(III) the spouse or intimate partner of that
person; and
‘‘(D) the term ‘immediate family member’ means, with
respect to a person—
‘‘(i) a spouse, parent, brother or sister, or child
of that person, or an individual to whom that person
stands in loco parentis; or
‘‘(ii) any other person living in the household of
that person and related to that person by blood and
marriage.’’.

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TITLE VII—PROVIDING ECONOMIC
SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE
RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND
SEXUAL VIOLENCE.

Subtitle N of the Violence Against Women Act of 1994 (Public
Law 103–322; 108 Stat. 1902) is amended by adding at the end
the following:

‘‘Subtitle O—National Resource Center
42 USC 14043f.

‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC
AND SEXUAL VIOLENCE.

‘‘(a) AUTHORITY.—The Attorney General, acting through the
Director of the Office on Violence Against Women, may award
a grant to an eligible nonprofit nongovernmental entity or tribal
organization, in order to provide for the establishment and operation
of a national resource center on workplace responses to assist
victims of domestic and sexual violence. The resource center shall
provide information and assistance to employers and labor organizations to aid in their efforts to develop and implement responses
to such violence.
‘‘(b) APPLICATIONS.—To be eligible to receive a grant under
this section, an entity or organization shall submit an application
to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require,
including—
‘‘(1) information that demonstrates that the entity or
organization has nationally recognized expertise in the area
of domestic or sexual violence;
‘‘(2) a plan to maximize, to the extent practicable, outreach
to employers (including private companies and public entities
such as public institutions of higher education and State and
local governments) and labor organizations described in subsection (a) concerning developing and implementing workplace
responses to assist victims of domestic or sexual violence; and
‘‘(3) a plan for developing materials and training for materials for employers that address the needs of employees in
cases of domestic violence, dating violence, sexual assault, and
stalking impacting the workplace, including the needs of underserved communities.
‘‘(c) USE OF GRANT AMOUNT.—
‘‘(1) IN GENERAL.—An entity or organization that receives
a grant under this section may use the funds made available
through the grant for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses necessary to develop,
maintain, and disseminate to employers and labor organizations
described in subsection (a), information and assistance concerning workplace responses to assist victims of domestic or
sexual violence.
‘‘(2) RESPONSES.—Responses referred to in paragraph (1)
may include—

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‘‘(A) providing training to promote a better understanding of workplace assistance to victims of domestic
or sexual violence;
‘‘(B) providing conferences and other educational
opportunities; and
‘‘(C) developing protocols and model workplace policies.
‘‘(d) LIABILITY.—The compliance or noncompliance of any
employer or labor organization with any protocol or policy developed
by an entity or organization under this section shall not serve
as a basis for liability in tort, express or implied contract, or
by any other means. No protocol or policy developed by an entity
or organization under this section shall be referenced or enforced
as a workplace safety standard by any Federal, State, or other
governmental agency.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000 for each
of fiscal years 2007 through 2011.
‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds appropriated under
this section shall remain available until expended.’’.

TITLE VIII—PROTECTION OF BATTERED
AND TRAFFICKED IMMIGRANTS
Subtitle A—Victims of Crime
SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.

(a) TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) is amended—
(1) in clause (i)—
(A) in the matter preceding subclause (I), by striking
‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland
Security, or in the case of subclause (III)(aa) the Secretary
of Homeland Security and the Attorney General jointly;’’;
(B) in subclause (III)(aa)—
(i) by inserting ‘‘Federal, State, or local’’ before
‘‘investigation’’; and
(ii) by striking ‘‘, or’’ and inserting ‘‘or the investigation of crime where acts of trafficking are at least
one central reason for the commission of that crime;
or’’; and
(C) in subclause (IV), by striking ‘‘and’’ at the end;
(2) by amending clause (ii) to read as follows:
‘‘(ii) if accompanying, or following to join, the alien
described in clause (i)—
‘‘(I) in the case of an alien described in clause (i)
who is under 21 years of age, the spouse, children,
unmarried siblings under 18 years of age on the date
on which such alien applied for status under such clause,
and parents of such alien; or
‘‘(II) in the case of an alien described in clause (i)
who is 21 years of age or older, the spouse and children
of such alien; and’’; and
(3) by inserting after clause (ii) the following:

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‘‘(iii) if the Secretary of Homeland Security, in his or her
discretion and with the consultation of the Attorney General,
determines that a trafficking victim, due to psychological or
physical trauma, is unable to cooperate with a request for
assistance described in clause (i)(III)(aa), the request is
unreasonable.’’.
(b) TREATMENT OF SPOUSES AND CHILDREN OF VICTIMS OF
ABUSE.—Section 101(a)(15)(U) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(U)) is amended—
(1) in clause (i), by striking ‘‘Attorney General’’ and
inserting ‘‘Secretary of Homeland Security’’; and
(2) by amending clause (ii) to read as follows:
‘‘(ii) if accompanying, or following to join, the alien
described in clause (i)—
‘‘(I) in the case of an alien described in clause (i)
who is under 21 years of age, the spouse, children,
unmarried siblings under 18 years of age on the date
on which such alien applied for status under such clause,
and parents of such alien; or
‘‘(II) in the case of an alien described in clause (i)
who is 21 years of age or older, the spouse and children
of such alien; and’’.
(c) TECHNICAL AMENDMENTS.—Section 101(i) of the Immigration
and Nationality Act (8 U.S.C. 1101(i)) is amended—
(1) in paragraph (1), by striking ‘‘Attorney General’’ and
inserting ‘‘Secretary of Homeland Security, the Attorney General,’’; and
(2) in paragraph (2), by striking ‘‘Attorney General’’ and
inserting ‘‘Secretary of Homeland Security’’.
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING
IN PERSONS.

(a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by
adding at the end the following:
‘‘(V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN
PERSONS.—Clause (i) shall not apply to an alien who demonstrates that the severe form of trafficking (as that term
is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central
reason for the alien’s unlawful presence in the United
States.’’.
(b) TECHNICAL AMENDMENT.—Paragraphs (13) and (14) of section 212(d) of the Immigration and Nationality Act (8 U.S.C.
1182(d)) are amended by striking ‘‘Attorney General’’ each place
it appears and inserting ‘‘Secretary of Homeland Security’’.
SEC. 803. ADJUSTMENT OF STATUS.

(a) VICTIMS OF TRAFFICKING.—Section 245(l) of the Immigration
and Nationality Act (8 U.S.C. 1255(l)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Attorney General’’ each place it
appears and inserting ‘‘Secretary of Homeland Security,
or in the case of subparagraph (C)(i), the Attorney General,’’; and
(B) in subparagraph (A), by inserting at the end ‘‘or
has been physically present in the United States for a
continuous period during the investigation or prosecution

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of acts of trafficking and that, in the opinion of the Attorney
General, the investigation or prosecution is complete,
whichever period of time is less;’’;
(2) in paragraph (2), by striking ‘‘Attorney General’’ each
place it appears and inserting ‘‘Secretary of Homeland Security’’; and
(3) in paragraph (5), by striking ‘‘Attorney General’’ and
inserting ‘‘Secretary of Homeland Security’’.
(b) VICTIMS OF CRIMES AGAINST WOMEN.—Section 245(m) of
the Immigration and Nationality Act (8 U.S.C. 12255(m)) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘Attorney General may adjust’’ and
inserting ‘‘Secretary of Homeland Security may adjust’’;
and
(B) in subparagraph (B), by striking ‘‘Attorney General’’
and inserting ‘‘Secretary of Homeland Security’’;
(2) in paragraph (3)—
(A) by striking ‘‘Attorney General may adjust’’ and
inserting ‘‘Secretary of Homeland Security may adjust’’;
and
(B) by striking ‘‘Attorney General considers’’ and
inserting ‘‘Secretary considers’’; and
(3) in paragraph (4), by striking ‘‘Attorney General’’ and
inserting ‘‘Secretary of Homeland Security’’.
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

(a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND DEPARTHOMELAND SECURITY ROLES.—Section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended—
(1) in subsections (b)(1)(E), (e)(5), and (g), by striking
‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security’’; and
(2) in subsection (c), by inserting ‘‘, the Secretary of Homeland Security’’ after ‘‘Attorney General’’.
(b) CERTIFICATION PROCESS.—Section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E))
is amended—
(1) in clause (i)—
(A) in the matter preceding subclause (I), by inserting
‘‘and the Secretary of Homeland Security’’ after ‘‘Attorney
General’’; and
(B) in subclause (II)(bb), by inserting ‘‘and the Secretary of Homeland Security’’ after ‘‘Attorney General’’.
(2) in clause (ii), by inserting ‘‘Secretary of Homeland Security’’ after ‘‘Attorney General’’;
(3) in clause (iii)—
(A) in subclause (II), by striking ‘‘and’’ at the end;
(B) in subclause (III), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(IV) responding to and cooperating with
requests for evidence and information.’’.
(c) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.—
Section 107(e) of the Trafficking Victims Protection Act of 2000
MENT OF

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(22 U.S.C. 7105(e)) is amended by striking ‘‘Attorney General’’ each
place it occurs and inserting ‘‘Secretary of Homeland Security’’.
(d) ANNUAL REPORT.—Section 107(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting
‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’.
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.

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(a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended—
(1) in clause (i)—
(A) in subclause (I), by inserting ‘‘or section
204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each place it appears;
and
(B) in subclause (III), by striking ‘‘a petitioner for
preference status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable,’’ and inserting
‘‘a VAWA self-petitioner’’; and
(2) by adding at the end the following:
‘‘(iv) Any alien who benefits from this subparagraph may adjust
status in accordance with subsections (a) and (c) of section 245
as an alien having an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).’’.
(b) APPLICATION OF CSPA PROTECTIONS.—
(1) IMMEDIATE RELATIVE RULES.—Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended
by adding at the end the following:
‘‘(4) APPLICATION TO SELF-PETITIONS.—Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives of
self-petitioners.’’.
(2) CHILDREN RULES.—Section 203(h) of the Immigration
and Nationality Act (8 U.S.C. 1153(h)) is amended by adding
at the end the following:
‘‘(4) APPLICATION TO SELF-PETITIONS.—Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives of
self-petitioners.’’.
(c) LATE PETITION PERMITTED FOR IMMIGRANT SONS AND
DAUGHTERS BATTERED AS CHILDREN.—
(1) IN GENERAL.—Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by
subsection (a), is further amended by adding at the end the
following:
‘‘(v) For purposes of this paragraph, an individual who is not
less than 21 years of age, who qualified to file a petition under
subparagraph (A)(iv) as of the day before the date on which the
individual attained 21 years of age, and who did not file such
a petition before such day, shall be treated as having filed a petition
under such subparagraph as of such day if a petition is filed
for the status described in such subparagraph before the individual
attains 25 years of age and the individual shows that the abuse
was at least one central reason for the filing delay. Clauses (i)
through (iv) of this subparagraph shall apply to an individual
described in this clause in the same manner as an individual
filing a petition under subparagraph (A)(iv).’’.
(d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY REQUIREMENT
FOR BATTERED ADOPTED CHILDREN.—Section 101(b)(1)(E)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is
amended by inserting before the colon the following: ‘‘or if the

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child has been battered or subject to extreme cruelty by the adopting
parent or by a family member of the adopting parent residing
in the same household’’.

Subtitle B—VAWA Self-Petitioners
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
‘‘(51) The term ‘VAWA self-petitioner’ means an alien, or
a child of the alien, who qualifies for relief under—
‘‘(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A);
‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B);
‘‘(C) section 216(c)(4)(C);
‘‘(D) the first section of Public Law 89–732 (8 U.S.C.
1255 note) (commonly known as the Cuban Adjustment
Act) as a child or spouse who has been battered or subjected
to extreme cruelty;
‘‘(E) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
‘‘(F) section 202(d)(1) of the Nicaraguan Adjustment
and Central American Relief Act; or
‘‘(G) section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of
Public Law 104–208).’’.
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.

Section 240B(d) of the Immigration and Nationality Act (8
U.S.C. 1229c(d)) is amended to read as follows:
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), if an alien
is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period
specified, the alien—
‘‘(A) shall be subject to a civil penalty of not less
than $1,000 and not more than $5,000; and
‘‘(B) shall be ineligible, for a period of 10 years, to
receive any further relief under this section and sections
240A, 245, 248, and 249.
‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The restrictions
on relief under paragraph (1) shall not apply to relief under
section 240A or 245 on the basis of a petition filed by a VAWA
self-petitioner, or a petition filed under section 240A(b)(2), or
under section 244(a)(3) (as in effect prior to March 31, 1997),
if the extreme cruelty or battery was at least one central
reason for the alien’s overstaying the grant of voluntary departure.
‘‘(3) NOTICE OF PENALTIES.—The order permitting an alien
to depart voluntarily shall inform the alien of the penalties
under this subsection.’’.
SEC. 813. REMOVAL PROCEEDINGS.

(a) EXCEPTIONAL CIRCUMSTANCES.—
(1) IN GENERAL.—Section 240(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking
‘‘serious illness of the alien’’ and inserting ‘‘battery or extreme

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8 USC 1229a
note.
8 USC 1229b
note.

PUBLIC LAW 109–162—JAN. 5, 2006

cruelty to the alien or any child or parent of the alien, serious
illness of the alien,’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to a failure to appear that occurs before, on,
or after the date of the enactment of this Act.
(b) DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION FOR
ADMISSION.—
(1) IN GENERAL.—The Secretary of Homeland Security, the
Attorney General, and the Secretary of State shall continue
to have discretion to consent to an alien’s reapplication for
admission after a previous order of removal, deportation, or
exclusion.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
the officials described in paragraph (1) should particularly consider exercising this authority in cases under the Violence
Against Women Act of 1994, cases involving nonimmigrants
described in subparagraph (T) or (U) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
and relief under section 240A(b)(2) or 244(a)(3) of such Act
(as in effect on March 31, 1997) pursuant to regulations under
section 212.2 of title 8, Code of Federal Regulations.
(c) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE WAIVER
AUTHORITY IN CANCELLATION OF REMOVAL.—
(1) IN GENERAL.—Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended—
(A) in paragraph (1)(C), by striking ‘‘(except in a case
described in section 237(a)(7) where the Attorney General
exercises discretion to grant a waiver)’’ and inserting ‘‘,
subject to paragraph (5)’’;
(B) in paragraph (2)(A)(iv), by striking ‘‘(except in a
case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)’’ and inserting
‘‘, subject to paragraph (5)’’; and
(C) by adding at the end the following:
‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIVER
AUTHORITY.—The authority provided under section 237(a)(7)
may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in
a cancellation of removal and adjustment of status proceeding.’’.
SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLICATIONS AND
LIMITATION ON PETITIONING FOR ABUSERS.

(a) APPLICATION OF VAWA DEPORTATION PROTECTIONS TO
ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT.—Section 1506(c)(2) of
the Violence Against Women Act of 2000 (8 U.S.C. 1229a note;
division B of Public Law 106–386) is amended—
(1) in subparagraph (A)—
(A) by amending clause (i) to read as follows:
‘‘(i) if the basis of the motion is to apply for relief
under—
‘‘(I) clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(A));
‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B)
of such Act (8 U.S.C. 1154(a)(1)(B));
‘‘(III) section 244(a)(3) of such Act (8 U.S.C.
8 U.S.C. 1254(a)(3));

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‘‘(IV) the first section of Public Law 89–732
(8 U.S.C. 1255 note) (commonly known as the
Cuban Adjustment Act) as a child or spouse who
has been battered or subjected to extreme cruelty;
or
‘‘(V) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255
note); and’’; and
(B) in clause (ii), by inserting ‘‘or adjustment of status’’
after ‘‘suspension of deportation’’; and
(2) in subparagraph (B)(ii), by striking ‘‘for relief’’ and
all that follows through ‘‘1101 note))’’ and inserting ‘‘for relief
described in subparagraph (A)(i)’’.
(b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF-PETITIONERS.—Section 204(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:
‘‘(K) Upon the approval of a petition as a VAWA self-petitioner,
the alien—
‘‘(i) is eligible for work authorization; and
‘‘(ii) may be provided an ‘employment authorized’ endorsement or appropriate work permit incidental to such approval.’’.
(c) EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF
CERTAIN NONIMMIGRANTS.—Title I of the Immigration and Nationality Act is amended by adding at the end the following new
section:
‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES
OF CERTAIN NONIMMIGRANTS.

‘‘(a) IN GENERAL.—In the case of an alien spouse admitted
under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15)
who is accompanying or following to join a principal alien admitted
under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien
spouse to engage in employment in the United States and provide
the spouse with an ‘employment authorized’ endorsement or other
appropriate work permit if the alien spouse demonstrates that
during the marriage the alien spouse or a child of the alien spouse
has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief
under this section shall be handled under the procedures that
apply to aliens seeking relief under section 204(a)(1)(A)(iii).
‘‘(b) CONSTRUCTION.—The grant of employment authorization
pursuant to this section shall not confer upon the alien any other
form of relief.’’.
(d) CLERICAL AMENDMENT.—The table of contents of such Act
is amended by inserting after the item relating to section 105
the following new item:

8 USC 1105a.

Applicability.

‘‘Sec. 106. Employment authorization for battered spouses of certain nonimmigrants.’’.
(e) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1)

of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is
amended by adding at the end the following new subparagraph:
‘‘(L) Notwithstanding the previous provisions of this
paragraph, an individual who was a VAWA petitioner or
who had the status of a nonimmigrant under subparagraph
(T) or (U) of section 101(a)(15) may not file a petition
for classification under this section or section 214 to classify

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any person who committed the battery or extreme cruelty
or trafficking against the individual (or the individual’s
child) which established the individual’s (or individual’s
child) eligibility as a VAWA petitioner or for such nonimmigrant status.’’.

SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.

8 USC 1255 note.

(a) IN GENERAL.—Section 202(d)(1) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public
Law 105–100) is amended—
(1) in subparagraph (B)(ii), by inserting ‘‘, or was eligible
for adjustment,’’ after ‘‘whose status is adjusted’’; and
(2) in subparagraph (E), by inserting ‘‘, or, in the case
of an alien who qualifies under subparagraph (B)(ii), applies
for such adjustment during the 18-month period beginning
on the date of enactment of the Violence Against Women and
Department of Justice Reauthorization Act of 2005’’ after ‘‘April
1, 2000’’.
(b) TECHNICAL AMENDMENT.—Section 202(d)(3) of such Act (8
U.S.C. 1255 note; Public Law 105–100) is amended by striking
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (b)
shall take effect as if included in the enactment of the Violence
Against Women Act of 2000 (division B of Public Law 106–386;
114 Stat. 1491).
SEC. 816. SELF-PETITIONING PARENTS.

Section 204(a)(1)(A) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
‘‘(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the
alien under section 201(b)(2)(A)(i) if the alien—
‘‘(I) is the parent of a citizen of the United States or
was a parent of a citizen of the United States who, within
the past 2 years, lost or renounced citizenship status related
to an incident of domestic violence or died;
‘‘(II) is a person of good moral character;
‘‘(III) is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i);
‘‘(IV) resides, or has resided, with the citizen daughter
or son; and
‘‘(V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son.’’.
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.

Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘(including any bureau or agency of such Department)’’
and inserting ‘‘, the Secretary of Homeland Security, the
Secretary of State, or any other official or employee of
the Department of Homeland Security or Department of
State (including any bureau or agency of either of such
Departments)’’; and
(B) in paragraph (1)—

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(i) in subparagraph (D), by striking ‘‘or’’ at the
end; and
(ii) by inserting after subparagraph (E) the following:
‘‘(F) in the case of an alien applying for status under
section 101(a)(15)(T) of the Immigration and Nationality
Act
(8
U.S.C.
1101(a)(15)(T)),
under
section
107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7105), under section 244(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)),
as in effect prior to March 31, 1999, or as a VAWA selfpetitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)), the trafficker or perpetrator,’’;
(2) in subsection (b), by adding at the end the following
new paragraphs:
‘‘(6) Subsection (a) may not be construed to prevent the
Attorney General and the Secretary of Homeland Security from
disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on
the Judiciary of the House of Representatives, for the exercise
of congressional oversight authority, information on closed cases
under this section in a manner that protects the confidentiality
of such information and that omits personally identifying
information (including locational information about individuals).
‘‘(7) Government entities adjudicating applications for relief
under subsection (a)(2), and government personnel carrying
out mandated duties under section 101(i)(1) of the Immigration
and Nationality Act, may, with the prior written consent of
the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of
assisting victims in obtaining victim services from programs
with expertise working with immigrant victims. Agencies
receiving referrals are bound by the provisions of this section.
Nothing in this paragraph shall be construed as affecting the
ability of an applicant to designate a safe organization through
whom governmental agencies may communicate with the
applicant.’’;
(3) in subsection (c), by inserting ‘‘or who knowingly makes
a false certification under section 239(e) of the Immigration
and Nationality Act’’ after ‘‘in violation of this section’’; and
(4) by adding at the end the following new subsection:
‘‘(d) GUIDANCE.—The Attorney General and the Secretary of
Homeland Security shall provide guidance to officers and employees
of the Department of Justice or the Department of Homeland Security who have access to information covered by this section
regarding the provisions of this section, including the provisions
to protect victims of domestic violence from harm that could result
from the inappropriate disclosure of covered information.’’.

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Subtitle C—Miscellaneous Amendments
SEC. 821. DURATION OF T AND U VISAS.

Certification.

(a) T VISAS.—Section 214(o) of the Immigration and Nationality
Act (8 U.S.C. 1184(o)) is amended by adding at the end the following:
‘‘(7)(A) Except as provided in subparagraph (B), an alien who
is issued a visa or otherwise provided nonimmigrant status under
section 101(a)(15)(T) may be granted such status for a period of
not more than 4 years.
‘‘(B) An alien who is issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(T) may extend the period
of such status beyond the period described in subparagraph (A)
if a Federal, State, or local law enforcement official, prosecutor,
judge, or other authority investigating or prosecuting activity
relating to human trafficking or certifies that the presence of the
alien in the United States is necessary to assist in the investigation
or prosecution of such activity.’’.
(b) U VISAS.—Section 214(p) of the Immigration and Nationality
Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:
‘‘(6) DURATION OF STATUS.—The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(U)
shall be for a period of not more than 4 years, but shall
be extended upon certification from a Federal, State, or local
law enforcement official, prosecutor, judge, or other Federal,
State, or local authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii) that the alien’s
presence in the United States is required to assist in the
investigation or prosecution of such criminal activity.’’.
(c) PERMITTING CHANGE OF NONIMMIGRANT STATUS TO T AND
U NONIMMIGRANT STATUS.—
(1) IN GENERAL.—Section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258) is amended—
(A) by striking ‘‘The Attorney General’’ and inserting
‘‘(a) The Secretary of Homeland Security’’;
(B) by inserting ‘‘(subject to subsection (b))’’ after
‘‘except’’; and
(C) by adding at the end the following:
‘‘(b) The exceptions specified in paragraphs (1) through (4)
of subsection (a) shall not apply to a change of nonimmigrant
classification to that of a nonimmigrant under subparagraph (T)
or (U) of section 101(a)(15).’’.
(2) CONFORMING AMENDMENT.—Section 214(l)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is
amended by striking ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION
OF SPECIAL PHYSICAL PRESENCE AND GOOD MORAL
CHARACTER RULES.

(a) PHYSICAL PRESENCE RULES.—Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is
amended—
(1) in the first sentence, by striking ‘‘(A)(i)(II)’’ and inserting
‘‘(A)(ii)’’; and

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(2) in the fourth sentence, by striking ‘‘subsection (b)(2)(B)
of this section’’ and inserting ‘‘this subparagraph, subparagraph
(A)(ii),’’.
(b) MORAL CHARACTER RULES.—Section 240A(b)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is
amended by striking ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.
(c) CORRECTION OF CROSS-REFERENCE ERROR IN APPLYING GOOD
MORAL CHARACTER.—
(1) IN GENERAL.—Section 101(f)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking
‘‘(9)(A)’’ and inserting ‘‘(10)(A)’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall be effective as if included in section 603(a)(1) of the
Immigration Act of 1990 (Public Law 101–649; 104 Stat. 5082).

8 USC 1101 note.

SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER
CUBAN ADJUSTMENT.

(a) IN GENERAL.—The first section of Public Law 89–732 (8
U.S.C. 1255 note) (commonly known as the Cuban Adjustment
Act) is amended—
(1) in the last sentence, by striking ‘‘204(a)(1)(H)’’ and
inserting ‘‘204(a)(1)(J)’’; and
(2) by adding at the end the following: ‘‘An alien who
was the spouse of any Cuban alien described in this section
and has resided with such spouse shall continue to be treated
as such a spouse for 2 years after the date on which the
Cuban alien dies (or, if later, 2 years after the date of enactment
of Violence Against Women and Department of Justice
Reauthorization Act of 2005), or for 2 years after the date
of termination of the marriage (or, if later, 2 years after the
date of enactment of Violence Against Women and Department
of Justice Reauthorization Act of 2005) if there is demonstrated
a connection between the termination of the marriage and
the battering or extreme cruelty by the Cuban alien.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(1) shall take effect as if included in the enactment of the Violence
Against Women Act of 2000 (division B of Public Law 106–386;
114 Stat. 1491).

8 USC 1255 note.

SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.

(a) IN GENERAL.—Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended—
(1) in clause (i), by striking ‘‘whose status is adjusted
to that of an alien lawfully admitted for permanent residence’’
and inserting ‘‘who is or was eligible for classification’’;
(2) in clause (ii), by striking ‘‘whose status is adjusted
to that of an alien lawfully admitted for permanent residence’’
and inserting ‘‘who is or was eligible for classification’’; and
(3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ and inserting
‘‘204(a)(1)(J)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(3) shall take effect as if included in the enactment of the Violence
Against Women Act of 2000 (division B of Public Law 106–386;
114 Stat. 1491).

8 USC 1255 note.

SEC. 825. MOTIONS TO REOPEN.

(a) REMOVAL PROCEEDINGS.—Section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated

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by section 101(d)(1) of the REAL ID Act of 2005 (division B of
Public Law 109–13), is amended—
(1) in subparagraph (A), by inserting ‘‘, except that this
limitation shall not apply so as to prevent the filing of one
motion to reopen described in subparagraph (C)(iv)’’ before the
period at the end; and
(2) in subparagraph (C)—
(A) in the heading of clause (iv), by striking ‘‘SPOUSES
AND CHILDREN’’ and inserting ‘‘SPOUSES, CHILDREN, AND
PARENTS’’;
(B) in the matter before subclause (I) of clause (iv),
by striking ‘‘The deadline specified in subsection (b)(5)(C)
for filing a motion to reopen does not apply’’ and inserting
‘‘Any limitation under this section on the deadlines for
filing such motions shall not apply’’;
(C) in clause (iv)(I), by striking ‘‘or section 240A(b)’’
and inserting ‘‘, section 240A(b), or section 244(a)(3) (as
in effect on March 31, 1997)’’;
(D) by striking ‘‘and’’ at the end of clause (iv)(II);
(E) by striking the period at the end of clause (iv)(III)
and inserting ‘‘; and’’; and
(F) by adding at the end the following:
‘‘(IV) if the alien is physically present in the
United States at the time of filing the motion.
The filing of a motion to reopen under this clause shall
only stay the removal of a qualified alien (as defined in
section 431(c)(1)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)) pending the final disposition of the motion,
including exhaustion of all appeals if the motion establishes
that the alien is a qualified alien.’’.
(b) DEPORTATION AND EXCLUSION PROCEEDINGS.—Section
1506(c)(2) of the Violence Against Women Act of 2000 (8 U.S.C.
1229a note) is amended—
(1) by striking subparagraph (A) and inserting the following:
‘‘(A)(i) IN GENERAL.—Notwithstanding any limitation
imposed by law on motions to reopen or rescind deportation
proceedings under the Immigration and Nationality Act
(as in effect before the title III–A effective date in section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note))—
‘‘(I) there is no time limit on the filing of a motion
to reopen such proceedings, and the deadline specified
in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does
not apply—
‘‘(aa) if the basis of the motion is to apply
for relief under clause (iii) or (iv) of section
204(a)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of
section 204(a)(1)(B) of such Act (8 U.S.C.
1154(a)(1)(B)), or section 244(a)(3) of such Act (as
so in effect) (8 U.S.C. 1254(a)(3)); and
‘‘(bb) if the motion is accompanied by a suspension of deportation application to be filed with
the Secretary of Homeland Security or by a copy

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of the self-petition that will be filed with the
Department of Homeland Security upon the
granting of the motion to reopen; and
‘‘(II) any such limitation shall not apply so as
to prevent the filing of one motion to reopen described
in section 240(c)(7)(C)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1229a(c)(7)).
‘‘(ii) PRIMA FACIE CASE.—The filing of a motion to
reopen under this subparagraph shall only stay the removal
of a qualified alien (as defined in section 431(c)(1)(B) of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B)) pending
the final disposition of the motion, including exhaustion
of all appeals if the motion establishes that the alien is
a qualified alien.’’;
(2) in subparagraph (B), in the matter preceding clause
(i), by inserting ‘‘who are physically present in the United
States and’’ after ‘‘filed by aliens’’; and
(3) in subparagraph (B)(i), by inserting ‘‘or exclusion’’ after
‘‘deportation’’.
(c) CERTIFICATION OF COMPLIANCE IN REMOVAL PROCEEDINGS.—
(1) IN GENERAL.—Section 239 of the Immigration and
Nationality Act (8 U.S.C. 1229) is amended by adding at the
end the following new subsection:
‘‘(e) CERTIFICATION OF COMPLIANCE WITH RESTRICTIONS ON
DISCLOSURE.—
‘‘(1) IN GENERAL.—In cases where an enforcement action
leading to a removal proceeding was taken against an alien
at any of the locations specified in paragraph (2), the Notice
to Appear shall include a statement that the provisions of
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367) have been complied
with.
‘‘(2) LOCATIONS.—The locations specified in this paragraph
are as follows:
‘‘(A) At a domestic violence shelter, a rape crisis center,
supervised visitation center, family justice center, a victim
services, or victim services provider, or a community-based
organization.
‘‘(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing
in connection with a protection order case, child custody
case, or other civil or criminal case relating to domestic
violence, sexual assault, trafficking, or stalking in which
the alien has been battered or subject to extreme cruelty
or if the alien is described in subparagraph (T) or (V)
of section 101(a)(15).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date that is 30 days after the
date of the enactment of this Act and shall apply to apprehensions occurring on or after such date.

8 USC 1229 note.

SEC. 826. PROTECTING ABUSED JUVENILES.

Section 287 of the Immigration and Nationality Act (8 U.S.C.
1357), as amended by section 726, is further amended by adding
at the end the following new clause:

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‘‘(i) An alien described in section 101(a)(27)(J) of the Immigration and Nationality Act who has been battered, abused, neglected,
or abandoned, shall not be compelled to contact the alleged abuser
(or family member of the alleged abuser) at any stage of applying
for special immigrant juvenile status, including after a request
for the consent of the Secretary of Homeland Security under section
101(a)(27)(J)(iii)(I) of such Act.’’.
49 USC 30301
note.

SEC. 827. PROTECTION OF DOMESTIC VIOLENCE AND CRIME VICTIMS
FROM CERTAIN DISCLOSURES OF INFORMATION.

In developing regulations or guidance with regard to identification documents, including driver’s licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social
Security, shall consider and address the needs of victims, including
victims of battery, extreme cruelty, domestic violence, dating
violence, sexual assault, stalking or trafficking, who are entitled
to enroll in State address confidentiality programs, whose addresses
are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure
of information pursuant to section 384 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
Deadline.
8 USC 1101 note.

International
Marriage Broker
Regulation Act of
2005.
8 USC 1101 note.

SEC. 828. RULEMAKING.

Not later than 180 days after the date of enactment of this
Act, the Attorney General, the Secretary of Homeland Security,
and the Secretary of State shall promulgate regulations to implement the provisions contained in the Battered Immigrant Women
Protection Act of 2000 (title V of Public Law 106–386), this Act,
and the amendments made by this Act.

Subtitle D—International Marriage Broker
Regulation
SEC. 831. SHORT TITLE.

This subtitle may be cited as the ‘‘International Marriage
Broker Regulation Act of 2005’’.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER
OF ENTRY.

(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION
PETITIONS FOR K NONIMMIGRANT PETITIONERS.—
(1) 214(d) AMENDMENT.—Section 214(d) of the Immigration
and Nationality Act (8 U.S.C. 1184(d)) is amended—
(A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;
(B) by inserting after the second sentence ‘‘Such
information shall include information on any criminal
convictions of the petitioner for any specified crime.’’;
(C) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland Security’’ each place it appears; and
(D) by adding at the end the following:
‘‘(2)(A) Subject to subparagraphs (B) and (C), a consular officer
may not approve a petition under paragraph (1) unless the officer
has verified that—
‘‘(i) the petitioner has not, previous to the pending petition,
petitioned under paragraph (1) with respect to two or more
applying aliens; and

ON

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‘‘(ii) if the petitioner has had such a petition previously
approved, 2 years have elapsed since the filing of such previously approved petition.
‘‘(B) The Secretary of Homeland Security may, in the Secretary’s
discretion, waive the limitations in subparagraph (A) if justification
exists for such a waiver. Except in extraordinary circumstances
and subject to subparagraph (C), such a waiver shall not be granted
if the petitioner has a record of violent criminal offenses against
a person or persons.
‘‘(C)(i) The Secretary of Homeland Security is not limited by
the criminal court record and shall grant a waiver of the condition
described in the second sentence of subparagraph (B) in the case
of a petitioner described in clause (ii).
‘‘(ii) A petitioner described in this clause is a petitioner who
has been battered or subjected to extreme cruelty and who is
or was not the primary perpetrator of violence in the relationship
upon a determination that—
‘‘(I) the petitioner was acting in self-defense;
‘‘(II) the petitioner was found to have violated a protection
order intended to protect the petitioner; or
‘‘(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not
result in serious bodily injury and where there was a connection
between the crime and the petitioner’s having been battered
or subjected to extreme cruelty.
‘‘(iii) In acting on applications under this subparagraph, the
Secretary of Homeland Security shall consider any credible evidence
relevant to the application. The determination of what evidence
is credible and the weight to be given that evidence shall be within
the sole discretion of the Secretary.
‘‘(3) In this subsection:
‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child
abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’
have the meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
‘‘(B) The term ‘specified crime’ means the following:
‘‘(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
‘‘(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude,
slave trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to commit
any of the crimes described in this clause.
‘‘(iii) At least three convictions for crimes relating to
a controlled substance or alcohol not arising from a single
act.’’.
(2) 214(r) AMENDMENT.—Section 214(r) of such Act (8 U.S.C.
1184(r)) is amended—
(A) in paragraph (1), by inserting after the second
sentence ‘‘Such information shall include information on
any criminal convictions of the petitioner for any specified
crime.’’; and
(B) by adding at the end the following:
‘‘(4)(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for

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119 STAT. 3068
Notification.

Notification.

8 USC 1184 note.

8 USC 1184 note.

8 USC 1375a.

PUBLIC LAW 109–162—JAN. 5, 2006

fiance´(e)s and spouses under clauses (i) and (ii) of section
101(a)(15)(K). Upon approval of a second visa petition under section
101(a)(15)(K) for a fiance´(e) or spouse filed by the same United
States citizen petitioner, the petitioner shall be notified by the
Secretary that information concerning the petitioner has been
entered into the multiple visa petition tracking database. All subsequent fiance´(e) or spouse nonimmigrant visa petitions filed by that
petitioner under such section shall be entered in the database.
‘‘(B)(i) Once a petitioner has had two fiance´(e) or spousal petitions approved under clause (i) or (ii) of section 101(a)(15)(K), if
a subsequent petition is filed under such section less than 10
years after the date the first visa petition was filed under such
section, the Secretary of Homeland Security shall notify both the
petitioner and beneficiary of any such subsequent petition about
the number of previously approved fiance´(e) or spousal petitions
listed in the database.
‘‘(ii) A copy of the information and resources pamphlet on
domestic violence developed under section 833(a) of the International Marriage Broker Regulation Act of 2005 shall be mailed
to the beneficiary along with the notification required in clause
(i).
‘‘(5) In this subsection:
‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child
abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’
have the meaning given such terms in section 3 of the Violence
Against Women and Department of Justice Reauthorization
Act of 2005.
‘‘(B) The term ‘specified crime’ means the following:
‘‘(i) Domestic violence, sexual assault, child abuse and
neglect, dating violence, elder abuse, and stalking.
‘‘(ii) Homicide, murder, manslaughter, rape, abusive
sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude,
slave trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, or an attempt to commit
any of the crimes described in this clause.
‘‘(iii) At least three convictions for crimes relating to
a controlled substance or alcohol not arising from a single
act.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 60 days after
the date of the enactment of this Act.
(b) LIMITATION ON USE OF CERTAIN INFORMATION.—The fact
that an alien described in clause (i) or (ii) of section 101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K))
is aware of any information disclosed under the amendments made
by this section or under section 833 shall not be used to deny
the alien eligibility for relief under any other provision of law.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR
IMMIGRANTS AND REGULATION OF INTERNATIONAL
MARRIAGE BROKERS.
AND

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(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL RIGHTS
RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.—
(1) IN GENERAL.—The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop an information pamphlet, as described

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in paragraph (2), on legal rights and resources for immigrant
victims of domestic violence and distribute and make such
pamphlet available as described in paragraph (5). In preparing
such materials, the Secretary of Homeland Security shall consult with nongovernmental organizations with expertise on the
legal rights of immigrant victims of battery, extreme cruelty,
sexual assault, and other crimes.
(2) INFORMATION PAMPHLET.—The information pamphlet
developed under paragraph (1) shall include information on
the following:
(A) The K nonimmigrant visa application process and
the marriage-based immigration process, including conditional residence and adjustment of status.
(B) The illegality of domestic violence, sexual assault,
and child abuse in the United States and the dynamics
of domestic violence.
(C) Domestic violence and sexual assault services in
the United States, including the National Domestic
Violence Hotline and the National Sexual Assault Hotline.
(D) The legal rights of immigrant victims of abuse
and other crimes in immigration, criminal justice, family
law, and other matters, including access to protection
orders.
(E) The obligations of parents to provide child support
for children.
(F) Marriage fraud under United States immigration
laws and the penalties for committing such fraud.
(G) A warning concerning the potential use of K nonimmigrant visas by United States citizens who have a
history of committing domestic violence, sexual assault,
child abuse, or other crimes and an explanation that such
acts may not have resulted in a criminal record for such
a citizen.
(H) Notification of the requirement under subsection
(d)(3)(A) that international marriage brokers provide foreign national clients with background information gathered
on United States clients from searches of Federal and
State sex offender public registries and collected from
United States clients regarding their marital history and
domestic violence or other violent criminal history, but
that such information may not be complete or accurate
because the United States client may not have a criminal
record or may not have truthfully reported their marital
or criminal record.
(3) SUMMARIES.—The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, shall develop summaries of the pamphlet developed
under paragraph (1) that shall be used by Federal officials
when reviewing the pamphlet in interviews under subsection
(b).
(4) TRANSLATION.—
(A) IN GENERAL.—In order to best serve the language
groups having the greatest concentration of K nonimmigrant visa applicants, the information pamphlet developed under paragraph (1) shall, subject to subparagraph
(B), be translated by the Secretary of State into foreign

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119 STAT. 3070

languages, including Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such other
languages as the Secretary of State, in the Secretary’s
discretion, may specify.
(B) REVISION.—Every 2 years, the Secretary of Homeland Security, in consultation with the Attorney General
and the Secretary of State, shall determine at least 14
specific languages into which the information pamphlet
is translated based on the languages spoken by the greatest
concentrations of K nonimmigrant visa applicants.
(5) AVAILABILITY AND DISTRIBUTION.—The information pamphlet developed under paragraph (1) shall be made available
and distributed as follows:
(A) MAILINGS TO K NONIMMIGRANT VISA APPLICANTS.—
(i) The pamphlet shall be mailed by the Secretary
of State to each applicant for a K nonimmigrant visa
at the same time that the instruction packet regarding
the visa application process is mailed to such applicant.
The pamphlet so mailed shall be in the primary language of the applicant or in English if no translation
into the applicant’s primary language is available.
(ii) The Secretary of Homeland Security shall provide to the Secretary of State, for inclusion in the
mailing under clause (i), a copy of the petition submitted by the petitioner for such applicant under subsection (d) or (r) of section 214 of such Act (8 U.S.C.
1184).
(iii) The Secretary of Homeland Security shall provide to the Secretary of State any criminal background
information the Secretary of Homeland Security possesses with respect to a petitioner under subsection
(d) or (r) of section 214 of such Act (8 U.S.C. 1184).
The Secretary of State, in turn, shall share any such
criminal background information that is in government
records or databases with the K nonimmigrant visa
applicant who is the beneficiary of the petition. The
visa applicant shall be informed that such criminal
background information is based on available records
and may not be complete. The Secretary of State also
shall provide for the disclosure of such criminal background information to the visa applicant at the consular interview in the primary language of the visa
applicant. Nothing in this clause shall be construed
to authorize the Secretary of Homeland Security to
conduct any new or additional criminal background
check that is not otherwise conducted in the course
of adjudicating such petitions.
(B) CONSULAR ACCESS.—The pamphlet developed under
paragraph (1) shall be made available to the public at
all consular posts. The summaries described in paragraph
(3) shall be made available to foreign service officers at
all consular posts.
(C) POSTING ON FEDERAL WEBSITES.—The pamphlet
developed under paragraph (1) shall be posted on the
websites of the Department of State and the Department
of Homeland Security, as well as on the websites of all

Records.

Records.

Public
information.

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consular posts processing applications for K nonimmigrant
visas.
(D) INTERNATIONAL MARRIAGE BROKERS AND VICTIM
ADVOCACY ORGANIZATIONS.—The pamphlet developed under
paragraph (1) shall be made available to any international
marriage broker, government agency, or nongovernmental
advocacy organization.
(6) DEADLINE FOR PAMPHLET DEVELOPMENT AND DISTRIBUTION.—The pamphlet developed under paragraph (1) shall be
distributed and made available (including in the languages
specified under paragraph (4)) not later than 120 days after
the date of the enactment of this Act.
(b) VISA AND ADJUSTMENT INTERVIEWS.—
(1) FIANCE´ (E)S, SPOUSES AND THEIR DERIVATIVES.—During
an interview with an applicant for a K nonimmigrant visa,
a consular officers shall—
(A) provide information, in the primary language of
the visa applicant, on protection orders or criminal convictions collected under subsection (a)(5)(A)(iii);
(B) provide a copy of the pamphlet developed under
subsection (a)(1) in English or another appropriate language and provide an oral summary, in the primary language of the visa applicant, of that pamphlet; and
(C) ask the applicant, in the primary language of the
applicant, whether an international marriage broker has
facilitated the relationship between the applicant and the
United States petitioner, and, if so, obtain the identity
of the international marriage broker from the applicant
and confirm that the international marriage broker provided to the applicant the information and materials
required under subsection (d)(3)(A)(iii).
(2) FAMILY-BASED APPLICANTS.—The pamphlet developed
under subsection (a)(1) shall be distributed directly to
applicants for family-based immigration petitions at all consular and adjustment interviews for such visas. The Department of State or Department of Homeland Security officer
conducting the interview shall review the summary of the pamphlet with the applicant orally in the applicant’s primary language, in addition to distributing the pamphlet to the applicant
in English or another appropriate language.
(c) CONFIDENTIALITY.—In fulfilling the requirements of this
section, no official of the Department of State or the Department
of Homeland Security shall disclose to a nonimmigrant visa
applicant the name or contact information of any person who was
granted a protection order or restraining order against the petitioner or who was a victim of a crime of violence perpetrated
by the petitioner, but shall disclose the relationship of the person
to the petitioner.
(d) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.—
(1) PROHIBITION ON MARKETING CHILDREN.—An international marriage broker shall not provide any individual or
entity with the personal contact information, photograph, or
general information about the background or interests of any
individual under the age of 18.
(2) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS
WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND
INFORMATION.—

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119 STAT. 3072

(A) IN GENERAL.—
(i) SEARCH OF SEX OFFENDER PUBLIC REGISTRIES.—
Each international marriage broker shall search the
National Sex Offender Public Registry or State sex
offender public registry, as required under paragraph
(3)(A)(i).
(ii) COLLECTION OF BACKGROUND INFORMATION.—
Each international marriage broker shall also collect
the background information listed in subparagraph (B)
about the United States client to whom the personal
contact information of a foreign national client would
be provided.
(B) BACKGROUND INFORMATION.—The international
marriage broker shall collect a certification signed (in written, electronic, or other form) by the United States client
accompanied by documentation or an attestation of the
following background information about the United States
client:
(i) Any temporary or permanent civil protection
order or restraining order issued against the United
States client.
(ii) Any Federal, State, or local arrest or conviction
of the United States client for homicide, murder, manslaughter, assault, battery, domestic violence, rape,
sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful
criminal restraint, false imprisonment, or stalking.
(iii) Any Federal, State, or local arrest or conviction
of the United States client for—
(I) solely, principally, or incidentally engaging
in prostitution;
(II) a direct or indirect attempt to procure
prostitutes or persons for the purpose of prostitution; or
(III) receiving, in whole or in part, of the proceeds of prostitution.
(iv) Any Federal, State, or local arrest or conviction
of the United States client for offenses related to controlled substances or alcohol.
(v) Marital history of the United States client,
including whether the client is currently married,
whether the client has previously been married and
how many times, how previous marriages of the client
were terminated and the date of termination, and
whether the client has previously sponsored an alien
to whom the client was engaged or married.
(vi) The ages of any of the United States client’s
children who are under the age of 18.
(vii) All States and countries in which the United
States client has resided since the client was 18 years
of age.
(3) OBLIGATION OF INTERNATIONAL MARRIAGE BROKERS WITH
RESPECT TO INFORMED CONSENT.—
(A) LIMITATION ON SHARING INFORMATION ABOUT FOREIGN NATIONAL CLIENTS.—An international marriage broker

Certification.

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shall not provide any United States client or representative
with the personal contact information of any foreign
national client unless and until the international marriage
broker has—
(i) performed a search of the National Sex Offender
Public Registry, or of the relevant State sex offender
public registry for any State not yet participating in
the National Sex Offender Public Registry in which
the United States client has resided during the previous 20 years, for information regarding the United
States client;
(ii) collected background information about the
United States client required under paragraph (2);
(iii) provided to the foreign national client—
(I) in the foreign national client’s primary language, a copy of any records retrieved from the
search required under paragraph (2)(A)(i) or documentation confirming that such search retrieved
no records;
(II) in the foreign national client’s primary
language, a copy of the background information
collected by the international marriage broker
under paragraph (2)(B); and
(III) in the foreign national client’s primary
language (or in English or other appropriate language if there is no translation available into the
client’s primary language), the pamphlet developed
under subsection (a)(1); and
(iv) received from the foreign national client a
signed, written consent, in the foreign national client’s
primary language, to release the foreign national client’s personal contact information to the specific
United States client.
(B) CONFIDENTIALITY.—In fulfilling the requirements
of this paragraph, an international marriage broker shall
disclose the relationship of the United States client to
individuals who were issued a protection order or
restraining order as described in clause (i) of paragraph
(2)(B), or of any other victims of crimes as described in
clauses (ii) through (iv) of such paragraph, but shall not
disclose the name or location information of such individuals.
(C) PENALTY FOR MISUSE OF INFORMATION.—A person
who knowingly discloses, uses, or causes to be used any
information obtained by an international marriage broker
as a result of the obligations imposed on it under paragraph
(2) and this paragraph for any purpose other than the
disclosures required under this paragraph shall be fined
in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both. These penalties are
in addition to any other civil or criminal liability under
Federal or State law which a person may be subject to
for the misuse of that information, including to threaten,
intimidate, or harass any individual. Nothing in this section
shall prevent the disclosure of such information to law
enforcement or pursuant to a court order.

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PUBLIC LAW 109–162—JAN. 5, 2006
(4) LIMITATION ON DISCLOSURE.—An international marriage
broker shall not provide the personal contact information of
any foreign national client to any person or entity other than
a United States client. Such information shall not be disclosed
to potential United States clients or individuals who are being
recruited to be United States clients or representatives.
(5) PENALTIES.—
(A) FEDERAL CIVIL PENALTY.—
(i) VIOLATION.—An international marriage broker
that violates (or attempts to violate) paragraph (1),
(2), (3), or (4) is subject to a civil penalty of not less
than $5,000 and not more than $25,000 for each such
violation.
(ii) PROCEDURES FOR IMPOSITION OF PENALTY.—
A penalty may be imposed under clause (i) by the
Attorney General only after notice and an opportunity
for an agency hearing on the record in accordance
with subchapter II of chapter 5 of title 5, United States
Code (popularly known as the Administrative Procedure Act).
(B) FEDERAL CRIMINAL PENALTY.—In circumstances in
or affecting interstate or foreign commerce, an international
marriage broker that, within the special maritime and
territorial jurisdiction of the United States, violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall
be fined in accordance with title 18, United States Code,
or imprisoned for not more than 5 years, or both.
(C) ADDITIONAL REMEDIES.—The penalties and remedies under this subsection are in addition to any other
penalties or remedies available under law.
(6) NONPREEMPTION.—Nothing in this subsection shall
preempt—
(A) any State law that provides additional protections
for aliens who are utilizing the services of an international
marriage broker; or
(B) any other or further right or remedy available
under law to any party utilizing the services of an international marriage broker.
(7) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), this subsection shall take effect on the date that is
60 days after the date of the enactment of this Act.
(B) ADDITIONAL TIME ALLOWED FOR INFORMATION PAMPHLET.—The requirement for the distribution of the pamphlet developed under subsection (a)(1) shall not apply
until 30 days after the date of its development and initial
distribution under subsection (a)(6).
(e) DEFINITIONS.—In this section:
(1) CRIME OF VIOLENCE.—The term ‘‘crime of violence’’ has
the meaning given such term in section 16 of title 18, United
States Code.
(2) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ has
the meaning given such term in section 3 of this Act.
(3) FOREIGN NATIONAL CLIENT.—The term ‘‘foreign national
client’’ means a person who is not a United States citizen
or national or an alien lawfully admitted to the United States
for permanent residence and who utilizes the services of an

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international marriage broker. Such term includes an alien
residing in the United States who is in the United States
as a result of utilizing the services of an international marriage
broker and any alien recruited by an international marriage
broker or representative of such broker.
(4) INTERNATIONAL MARRIAGE BROKER.—
(A) IN GENERAL.—The term ‘‘international marriage
broker’’ means a corporation, partnership, business, individual, or other legal entity, whether or not organized
under any law of the United States, that charges fees
for providing dating, matrimonial, matchmaking services,
or social referrals between United States citizens or
nationals or aliens lawfully admitted to the United States
as permanent residents and foreign national clients by
providing personal contact information or otherwise facilitating communication between individuals.
(B) EXCEPTIONS.—Such term does not include—
(i) a traditional matchmaking organization of a
cultural or religious nature that operates on a nonprofit
basis and otherwise operates in compliance with the
laws of the countries in which it operates, including
the laws of the United States; or
(ii) an entity that provides dating services if its
principal business is not to provide international dating
services between United States citizens or United
States residents and foreign nationals and it charges
comparable rates and offers comparable services to
all individuals it serves regardless of the individual’s
gender or country of citizenship.
(5) K NONIMMIGRANT VISA.—The term ‘‘K nonimmigrant
visa’’ means a nonimmigrant visa under clause (i) or (ii) of
section 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)).
(6) PERSONAL CONTACT INFORMATION.—
(A) IN GENERAL.—The term ‘‘personal contact information’’ means information, or a forum to obtain such information, that would permit individuals to contact each other,
including—
(i) the name or residential, postal, electronic mail,
or instant message address of an individual;
(ii) the telephone, pager, cellphone, or fax number,
or voice message mailbox of an individual; or
(iii) the provision of an opportunity for an in-person
meeting.
(B) EXCEPTION.—Such term does not include a photograph or general information about the background or
interests of a person.
(7) REPRESENTATIVE.—The term ‘‘representative’’ means,
with respect to an international marriage broker, the person
or entity acting on behalf of such broker. Such a representative
may be a recruiter, agent, independent contractor, or other
international marriage broker or other person conveying
information about or to a United States client or foreign
national client, whether or not the person or entity receives
remuneration.

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(8) STATE.—The term ‘‘State’’ includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(9) UNITED STATES.—The term ‘‘United States’’, when used
in a geographic sense, includes all the States.
(10) UNITED STATES CLIENT.—The term ‘‘United States
client’’ means a United States citizen or other individual who
resides in the United States and who utilizes the services
of an international marriage broker, if a payment is made
or a debt is incurred to utilize such services.
(f) GAO STUDY AND REPORT.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study—
(A) on the impact of this section and section 832 on
the K nonimmigrant visa process, including specifically—
(i) annual numerical changes in petitions for K
nonimmigrant visas;
(ii) the annual number (and percentage) of such
petitions that are denied under subsection (d)(2) or
(r) of section 214 of the Immigration and Nationality
Act (8 U.S.C. 1184), as amended by this Act;
(iii) the annual number of waiver applications submitted under such a subsection, the number (and
percentage) of such applications granted or denied,
and the reasons for such decisions;
(iv) the annual number (and percentage) of cases
in which the criminal background information collected
and provided to the applicant as required by subsection
(a)(5)(A)(iii) contains one or more convictions;
(v) the annual number and percentage of cases
described in clause (iv) that were granted or were
denied waivers under section 214(d)(2) of the Immigration and Nationality Act, as amended by this Act;
(vi) the annual number of fiance´(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants
who have previously filed other fiance´(e) or spousal
K nonimmigrant visa petitions or family-based
immigration petitions;
(vii) the annual number of fiance´(e) and spousal
K nonimmigrant visa petitions or family-based
immigration petitions filed by petitioners or applicants
who have concurrently filed other fiance´(e) or spousal
K nonimmigrant visa petitioners or family-based
immigration petitions; and
(viii) the annual and cumulative number of petitioners and applicants tracked in the multiple filings
database established under paragraph (4) of section
214(r) of the Immigration and Nationality Act, as
added by this Act;
(B) regarding the number of international marriage
brokers doing business in the United States, the number
of marriages resulting from the services provided, and the
extent of compliance with the applicable requirements of
this section;
(C) that assesses the accuracy and completeness of
information gathered under section 832 and this section

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from clients and petitioners by international marriage brokers, the Department of State, or the Department of Homeland Security;
(D) that examines, based on the information gathered,
the extent to which persons with a history of violence
are using either the K nonimmigrant visa process or the
services of international marriage brokers, or both, and
the extent to which such persons are providing accurate
and complete information to the Department of State or
the Department of Homeland Security and to international
marriage brokers in accordance with subsections (a) and
(d)(2)(B); and
(E) that assesses the accuracy and completeness of
the criminal background check performed by the Secretary
of Homeland Security at identifying past instances of
domestic violence.
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to
the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a
report setting forth the results of the study conducted under
paragraph (1).
(3) DATA COLLECTION.—The Secretary of Homeland Security and the Secretary of State shall collect and maintain the
data necessary for the Comptroller General of the United States
to conduct the study required by paragraph (1).
(g) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Section 652 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104–208; 8 U.S.C. 1375) is
hereby repealed.
SEC. 834. SHARING OF CERTAIN INFORMATION.

8 USC 1202 note.

Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) shall not be construed to prevent the sharing of information
regarding a United States petitioner for a visa under clause (i)
or (ii) of section 101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K))
for the limited purposes of fulfilling disclosure obligations imposed
by the amendments made by section 832(a) or by section 833,
including reporting obligations of the Comptroller General of the
United States under section 833(f).

TITLE IX—SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS.

Congress finds that—
(1) 1 out of every 3 Indian (including Alaska Native) women
are raped in their lifetimes;
(2) Indian women experience 7 sexual assaults per 1,000,
compared with 4 per 1,000 among Black Americans, 3 per
1,000 among Caucasians, 2 per 1,000 among Hispanic women,
and 1 per 1,000 among Asian women;
(3) Indian women experience the violent crime of battering
at a rate of 23.2 per 1,000, compared with 8 per 1,000 among
Caucasian women;
(4) during the period 1979 through 1992, homicide was
the third leading cause of death of Indian females aged 15

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to 34, and 75 percent were killed by family members or
acquaintances;
(5) Indian tribes require additional criminal justice and
victim services resources to respond to violent assaults against
women; and
(6) the unique legal relationship of the United States to
Indian tribes creates a Federal trust responsibility to assist
tribal governments in safeguarding the lives of Indian women.

42 USC
3796gg–10 note.

SEC. 902. PURPOSES.

42 USC 14045d.

SEC. 903. CONSULTATION.

The purposes of this title are—
(1) to decrease the incidence of violent crimes against
Indian women;
(2) to strengthen the capacity of Indian tribes to exercise
their sovereign authority to respond to violent crimes committed
against Indian women; and
(3) to ensure that perpetrators of violent crimes committed
against Indian women are held accountable for their criminal
behavior.
(a) IN GENERAL.—The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under
this Act, the Violence Against Women Act of 1994 (title IV of
Public Law 103–322; 108 Stat. 1902) and the Violence Against
Women Act of 2000 (division B of Public Law 106–386; 114 Stat.
1491).
(b) RECOMMENDATIONS.—During consultations under subsection
(a), the Secretary of the Department of Health and Human Services
and the Attorney General shall solicit recommendations from Indian
tribes concerning—
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, and stalking; and
(3) strengthening the Federal response to such violent
crimes.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.

42 USC
3796gg–10 note.

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(a) NATIONAL BASELINE STUDY.—
(1) IN GENERAL.—The National Institute of Justice, in consultation with the Office on Violence Against Women, shall
conduct a national baseline study to examine violence against
Indian women in Indian country.
(2) SCOPE.—
(A) IN GENERAL.—The study shall examine violence
committed against Indian women, including—
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) EVALUATION.—The study shall evaluate the
effectiveness of Federal, State, tribal, and local responses
to the violations described in subparagraph (A) committed
against Indian women.

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(C) RECOMMENDATIONS.—The study shall propose recommendations to improve the effectiveness of Federal,
State, tribal, and local responses to the violation described
in subparagraph (A) committed against Indian women.
(3) TASK FORCE.—
(A) IN GENERAL.—The Attorney General, acting
through the Director of the Office on Violence Against
Women, shall establish a task force to assist in the development and implementation of the study under paragraph
(1) and guide implementation of the recommendation in
paragraph (2)(C).
(B) MEMBERS.—The Director shall appoint to the task
force representatives from—
(i) national tribal domestic violence and sexual
assault nonprofit organizations;
(ii) tribal governments; and
(iii) the national tribal organizations.
(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to the
Committee on Indian Affairs of the Senate, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report that
describes the study.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000
for each of fiscal years 2007 and 2008, to remain available
until expended.
(b) INJURY STUDY.—
(1) IN GENERAL.—The Secretary of Health and Human
Services, acting through the Indian Health Service and the
Centers for Disease Control and Prevention, shall conduct a
study to obtain a national projection of—
(A) the incidence of injuries and homicides resulting
from domestic violence, dating violence, sexual assault, or
stalking committed against American Indian and Alaska
Native women; and
(B) the cost of providing health care for the injuries
described in subparagraph (A).
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services
shall submit to the Committee on Indian Affairs of the Senate,
the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a
report that describes the findings made in the study and recommends health care strategies for reducing the incidence and
cost of the injuries described in paragraph (1).
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $500,000 for
each of fiscal years 2007 and 2008, to remain available until
expended.

Establishment.

SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.

(a) ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.—
Section 534 of title 28, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:

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PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney General shall permit Indian law enforcement agencies, in cases of
domestic violence, dating violence, sexual assault, and stalking,
to enter information into Federal criminal information databases
and to obtain information from the databases.’’.
(b) TRIBAL REGISTRY.—
(1) ESTABLISHMENT.—The Attorney General shall contract
with any interested Indian tribe, tribal organization, or tribal
nonprofit organization to develop and maintain—
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing civil
and criminal orders of protection issued by Indian tribes
and participating jurisdictions.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000
for each of fiscal years 2007 through 2011, to remain available
until expended.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

(a) IN GENERAL.—Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended
by adding at the end the following:
42 USC
3796gg–10.

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‘‘SEC. 2007. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

‘‘(a) GRANTS.—The Attorney General may make grants to Indian
tribal governments and tribal organizations to—
‘‘(1) develop and enhance effective governmental strategies
to curtail violent crimes against and increase the safety of
Indian women consistent with tribal law and custom;
‘‘(2) increase tribal capacity to respond to domestic violence,
dating violence, sexual assault, and stalking crimes against
Indian women;
‘‘(3) strengthen tribal justice interventions including tribal
law enforcement, prosecution, courts, probation, correctional
facilities;
‘‘(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, and stalking;
‘‘(5) work in cooperation with the community to develop
education and prevention strategies directed toward issues of
domestic violence, dating violence, and stalking programs and
to address the needs of children exposed to domestic violence;
‘‘(6) provide programs for supervised visitation and safe
visitation exchange of children in situations involving domestic
violence, sexual assault, or stalking committed by one parent
against the other with appropriate security measures, policies,
and procedures to protect the safety of victims and their children; and
‘‘(7) provide transitional housing for victims of domestic
violence, dating violence, sexual assault, or stalking, including
rental or utilities payments assistance and assistance with
related expenses such as security deposits and other costs incidental to relocation to transitional housing, and support services to enable a victim of domestic violence, dating violence,
sexual assault, or stalking to locate and secure permanent
housing and integrate into a community.
‘‘(b) COLLABORATION.—All applicants under this section shall
demonstrate their proposal was developed in consultation with a
nonprofit, nongovernmental Indian victim services program,

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including sexual assault and domestic violence victim services providers in the tribal or local community, or a nonprofit tribal
domestic violence and sexual assault coalition to the extent that
they exist. In the absence of such a demonstration, the applicant
may meet the requirement of this subsection through consultation
with women in the community to be served.
‘‘(c) NONEXCLUSIVITY.—The Federal share of a grant made
under this section may not exceed 90 percent of the total costs
of the project described in the application submitted, except that
the Attorney General may grant a waiver of this match requirement
on the basis of demonstrated financial hardship. Funds appropriated
for the activities of any agency of an Indian tribal government
or of the Bureau of Indian Affairs performing law enforcement
functions on any Indian lands may be used to provide the nonFederal share of the cost of programs or projects funded under
this section.’’.
(b) AUTHORIZATION OF FUNDS FROM GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.—Section 2007(b)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–
1(b)(1)) is amended to read as follows:
‘‘(1) Ten percent shall be available for grants under the
program authorized in section 2007. The requirements of this
part shall not apply to funds allocated for such program.’’.
(c) AUTHORIZATION OF FUNDS FROM GRANTS TO ENCOURAGE
STATE POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM.—Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh) is amended by striking
subsection (e) and inserting the following:
‘‘(e) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for grants
under the program authorized in section 2007. The requirements
of this part shall not apply to funds allocated for such program.’’.
(d) AUTHORIZATION OF FUNDS FROM RURAL DOMESTIC VIOLENCE
AND CHILD ABUSE ENFORCEMENT ASSISTANCE GRANTS.—Subsection
40295(c) of the Violence Against Women Act of 1994 (42 U.S.C.
13971(c)(3)) is amended by striking paragraph (3) and inserting
the following:
‘‘(3) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to funds allocated for such program.’’.
(e) AUTHORIZATION OF FUNDS FROM THE SAFE HAVENS FOR
CHILDREN PROGRAM.—Section 1301 of the Violence Against Women
Act of 2000 (42 U.S.C. 10420) is amended by striking subsection
(f) and inserting the following:
‘‘(f) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for grants
under the program authorized in section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968. The requirements
of this subsection shall not apply to funds allocated for such program.’’.
(f) AUTHORIZATION OF FUNDS FROM THE TRANSITIONAL HOUSING
ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE,
STALKING, OR SEXUAL ASSAULT PROGRAM.—Section 40299(g) of the

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Violence Against Women Act of 1994 (42 U.S.C. 13975(g)) is
amended by adding at the end the following:
‘‘(4) TRIBAL PROGRAM.—Not less than 10 percent of the
total amount available under this section for each fiscal year
shall be available for grants under the program authorized
in section 2007 of the Omnibus Crime Control and Safe Streets
Act of 1968. The requirements of this paragraph shall not
apply to funds allocated for such program.’’.
(g) AUTHORIZATION OF FUNDS FROM THE LEGAL ASSISTANCE
FOR VICTIMS IMPROVEMENTS PROGRAM.—Section 1201(f) of the
Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is
amended by adding at the end the following:
‘‘(4) Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available for
grants under the program authorized in section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968. The
requirements of this paragraph shall not apply to funds allocated for such program.’’.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST
WOMEN.

Part T of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg et seq.), as amended by section
906, is amended by adding at the end the following:
42 USC
3796gg–11.

Grants.
Contracts.

Guidelines.

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‘‘SEC. 2008. TRIBAL DEPUTY.

‘‘(a) ESTABLISHMENT.—There is established in the Office on
Violence Against Women a Deputy Director for Tribal Affairs.
‘‘(b) DUTIES.—
‘‘(1) IN GENERAL.—The Deputy Director shall under the
guidance and authority of the Director of the Office on Violence
Against Women—
‘‘(A) oversee and manage the administration of grants
to and contracts with Indian tribes, tribal courts, tribal
organizations, or tribal nonprofit organizations;
‘‘(B) ensure that, if a grant under this Act or a contract
pursuant to such a grant is made to an organization to
perform services that benefit more than 1 Indian tribe,
the approval of each Indian tribe to be benefitted shall
be a prerequisite to the making of the grant or letting
of the contract;
‘‘(C) coordinate development of Federal policy, protocols, and guidelines on matters relating to violence against
Indian women;
‘‘(D) advise the Director of the Office on Violence
Against
Women
concerning
policies,
legislation,
implementation of laws, and other issues relating to
violence against Indian women;
‘‘(E) represent the Office on Violence Against Women
in the annual consultations under section 903;
‘‘(F) provide technical assistance, coordination, and
support to other offices and bureaus in the Department
of Justice to develop policy and to enforce Federal laws
relating to violence against Indian women, including
through litigation of civil and criminal actions relating
to those laws;

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‘‘(G) maintain a liaison with the judicial branches of
Federal, State, and tribal governments on matters relating
to violence against Indian women;
‘‘(H) support enforcement of tribal protection orders
and implementation of full faith and credit educational
projects and comity agreements between Indian tribes and
States; and
‘‘(I) ensure that adequate tribal technical assistance
is made available to Indian tribes, tribal courts, tribal
organizations, and tribal nonprofit organizations for all
programs relating to violence against Indian women.
‘‘(c) AUTHORITY.—
‘‘(1) IN GENERAL.—The Deputy Director shall ensure that
a portion of the tribal set-aside funds from any grant awarded
under this Act, the Violence Against Women Act of 1994 (title
IV of Public Law 103–322; 108 Stat. 1902), or the Violence
Against Women Act of 2000 (division B of Public Law 106–
386; 114 Stat. 1491) is used to enhance the capacity of Indian
tribes to address the safety of Indian women.
‘‘(2) ACCOUNTABILITY.—The Deputy Director shall ensure
that some portion of the tribal set-aside funds from any grant
made under this part is used to hold offenders accountable
through—
‘‘(A) enhancement of the response of Indian tribes to
crimes of domestic violence, dating violence, sexual assault,
and stalking against Indian women, including legal services
for victims and Indian-specific offender programs;
‘‘(B) development and maintenance of tribal domestic
violence shelters or programs for battered Indian women,
including sexual assault services, that are based upon the
unique circumstances of the Indian women to be served;
‘‘(C) development of tribal educational awareness programs and materials;
‘‘(D) support for customary tribal activities to
strengthen the intolerance of an Indian tribe to violence
against Indian women; and
‘‘(E) development, implementation, and maintenance
of tribal electronic databases for tribal protection order
registries.’’.
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.

(a) FIREARMS POSSESSION PROHIBITIONS.—Section 921(33)(A)(i)
of title 18, United States Code, is amended to read: ‘‘(i) is a misdemeanor under Federal, State, or Tribal law; and’’.
(b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) of the Indian
Law Enforcement Reform Act (25 U.S.C. 2803(3) is amended—
(1) in subparagraph (A), by striking ‘‘or’’;
(2) in subparagraph (B), by striking the semicolon and
inserting ‘‘, or’’; and
(3) by adding at the end the following:
‘‘(C) the offense is a misdemeanor crime of domestic
violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted
use of physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse, parent,
or guardian of the victim, by a person with whom the

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victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse,
parent, or guardian, or by a person similarly situated to
a spouse, parent or guardian of the victim, and the
employee has reasonable grounds to believe that the person
to be arrested has committed, or is committing the crime;’’.

SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

Chapter 7 of title 18, United States Code, is amended by
adding at the end the following:
‘‘§ 117. Domestic assault by an habitual offender
‘‘(a) IN GENERAL.—Any person who commits a domestic assault
within the special maritime and territorial jurisdiction of the United
States or Indian country and who has a final conviction on at
least 2 separate prior occasions in Federal, State, or Indian tribal
court proceedings for offenses that would be, if subject to Federal
jurisdiction—
‘‘(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
‘‘(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more
than 5 years, or both, except that if substantial bodily injury results
from violation under this section, the offender shall be imprisoned
for a term of not more than 10 years.
‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, the term
‘domestic assault’ means an assault committed by a current or
former spouse, parent, child, or guardian of the victim, by a person
with whom the victim shares a child in common, by a person
who is cohabitating with or has cohabitated with the victim as
a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.’’.

TITLE X—DNA FINGERPRINTING

DNA Fingerprint
Act of 2005.
42 USC 13701
note.

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘DNA Fingerprint Act of 2005’’.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM
NATIONAL DNA INDEX.

Certification.

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Section 210304 of the DNA Identification Act of 1994 (42 U.S.C.
14132) is amended—
(1) in subsection (a)(1)(C), by striking ‘‘DNA profiles’’ and
all that follows through ‘‘, and’’;
(2) in subsection (d)(1), by striking subparagraph (A), and
inserting the following:
‘‘(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in
subsection (a) the DNA analysis of a person included in
the index—
‘‘(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense
(as determined under sections 3 and 4 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135a, 14135b), respectively), if the Director receives,
for each conviction of the person of a qualifying offense,

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a certified copy of a final court order establishing that
such conviction has been overturned; or
‘‘(ii) on the basis of an arrest under the authority
of the United States, if the Attorney General receives,
for each charge against the person on the basis of
which the analysis was or could have been included
in the index, a certified copy of a final court order
establishing that such charge has been dismissed or
has resulted in an acquittal or that no charge was
filed within the applicable time period.’’;
(3) in subsection (d)(2)(A)(ii), by striking ‘‘all charges for’’
and all that follows, and inserting the following: ‘‘the responsible agency or official of that State receives, for each charge
against the person on the basis of which the analysis was
or could have been included in the index, a certified copy
of a final court order establishing that such charge has been
dismissed or has resulted in an acquittal or that no charge
was filed within the applicable time period.’’; and
(4) by striking subsection (e).

Certification.

SEC. 1003. EXPANDED USE OF CODIS GRANTS.

Section 2(a)(1) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(a)(1)) is amended by striking ‘‘taken from
individuals convicted of a qualifying State offense (as determined
under subsection (b)(3))’’ and inserting ‘‘collected under applicable
legal authority’’.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION
FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.

(a) IN GENERAL.—Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘The Director’’ and
inserting the following:
‘‘(A) The Attorney General may, as prescribed by the
Attorney General in regulation, collect DNA samples from
individuals who are arrested or from non-United States
persons who are detained under the authority of the United
States. The Attorney General may delegate this function
within the Department of Justice as provided in section
510 of title 28, United States Code, and may also authorize
and direct any other agency of the United States that
arrests or detains individuals or supervises individuals
facing charges to carry out any function and exercise any
power of the Attorney General under this section.
‘‘(B) The Director’’; and
(B) in paragraphs (3) and (4), by striking ‘‘Director
of the Bureau of Prisons’’ each place it appears and
inserting ‘‘Attorney General, the Director of the Bureau
of Prisons,’’; and
(2) in subsection (b), by striking ‘‘Director of the Bureau
of Prisons’’ and inserting ‘‘Attorney General, the Director of
the Bureau of Prisons,’’.
(b) CONFORMING AMENDMENTS.—Subsections (b) and (c)(1)(A)
of section 3142 of title 18, United States Code, are each amended
by inserting ‘‘and subject to the condition that the person cooperate
in the collection of a DNA sample from the person if the collection

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PUBLIC LAW 109–162—JAN. 5, 2006

of such a sample is authorized pursuant to section 3 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)’’ after
‘‘period of release’’.
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE
OFFENSES.

Section 3297 of title 18, United States Code, is amended by
striking ‘‘except for a felony offense under chapter 109A,’’.

TITLE XI—DEPARTMENT OF JUSTICE
REAUTHORIZATION
Subtitle A—AUTHORIZATION OF
APPROPRIATIONS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2006.

There are authorized to be appropriated for fiscal year 2006,
to carry out the activities of the Department of Justice (including
any bureau, office, board, division, commission, subdivision, unit,
or other component thereof), the following sums:
(1) GENERAL ADMINISTRATION.—For General Administration: $161,407,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $216,286,000 for administration
of clemency petitions and for immigration-related activities.
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
Inspector General: $72,828,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $679,661,000, which shall include—
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $15,000,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United States
Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division:
$144,451,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,626,146,000.
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
Bureau of Investigation: $5,761,237,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United
States Marshals Service: $800,255,000.

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(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.
(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—
For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and Office of
Community Oriented Policing Services:
(A) $121,105,000 for the Office of Justice Programs.
(B) $14,172,000 for the Office on Violence Against
Women.
(C) $31,343,000 for the Office of Community Oriented
Policing Services.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2007.

There are authorized to be appropriated for fiscal year 2007,
to carry out the activities of the Department of Justice (including
any bureau, office, board, division, commission, subdivision, unit,
or other component thereof), the following sums:
(1) GENERAL ADMINISTRATION.—For General Administration: $167,863,000.

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PUBLIC LAW 109–162—JAN. 5, 2006
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $224,937,000 for administration
of clemency petitions and for immigration-related activities.
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
Inspector General: $75,741,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $706,847,000, which shall include—
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $15,600,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United States
Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division:
$150,229,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,691,192,000.
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
Bureau of Investigation: $5,991,686,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United
States Marshals Service: $832,265,000.
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison
System, including the National Institute of Corrections:
$5,268,391,000.
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug
Enforcement Administration: $1,784,820,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and
Explosives: $960,558,000.
(12) FEES AND EXPENSES OF WITNESSES.—For Fees and
Expenses of Witnesses: $188,382,000, which shall include not
to exceed $8,000,000 for construction of protected witness
safesites.
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For
Interagency Crime and Drug Enforcement: $688,418,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the
Foreign Claims Settlement Commission: $1,321,000.
(15) COMMUNITY RELATIONS SERVICE.—For the Community
Relations Service: $10,149,000.

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119 STAT. 3089

(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) UNITED STATES PAROLE COMMISSION.—For the United
States Parole Commission: $11,752,000.
(18) FEDERAL DETENTION TRUSTEE.—For the necessary
expenses of the Federal Detention Trustee: $1,405,300,000.
(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including
planning, development, and deployment: $188,750,000.
(20) NARROWBAND COMMUNICATIONS.—For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $133,849,000.
(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—
For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office
of Community Oriented Policing Services:
(A) $125,949,000 for the Office of Justice Programs.
(B) $15,600,000 for the Office on Violence Against
Women.
(C) $32,597,000 for the Office of Community Oriented
Policing Services.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2008.

There are authorized to be appropriated for fiscal year 2008,
to carry out the activities of the Department of Justice (including
any bureau, office, board, division, commission, subdivision, unit,
or other component thereof), the following sums:
(1) GENERAL ADMINISTRATION.—For General Administration: $174,578,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $233,934,000 for administration
of clemency petitions and for immigration-related activities.
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
Inspector General: $78,771,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $735,121,000, which shall include—
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $16,224,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United States
Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division:
$156,238,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,758,840,000.

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PUBLIC LAW 109–162—JAN. 5, 2006
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
Bureau of Investigation: $6,231,354,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United
States Marshals Service: $865,556,000.
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison
System, including the National Institute of Corrections:
$5,479,127,000.
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug
Enforcement Administration: $1,856,213,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and
Explosives: $998,980,000.
(12) FEES AND EXPENSES OF WITNESSES.—For Fees and
Expenses of Witnesses: $195,918,000, which shall include not
to exceed $8,000,000 for construction of protected witness
safesites.
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For
Interagency Crime and Drug Enforcement: $715,955,000, for
expenses not otherwise provided for, for the investigation and
prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the
Foreign Claims Settlement Commission: $1,374,000.
(15) COMMUNITY RELATIONS SERVICE.—For the Community
Relations Service: $10,555,000.
(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) UNITED STATES PAROLE COMMISSION.—For the United
States Parole Commission: $12,222,000.
(18) FEDERAL DETENTION TRUSTEE.—For the necessary
expenses of the Federal Detention Trustee: $1,616,095,000.
(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including
planning, development, and deployment: $196,300,000.
(20) NARROWBAND COMMUNICATIONS.—For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $139,203,000.
(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—
For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office
of Community Oriented Policing Services:
(A) $130,987,000 for the Office of Justice Programs.
(B) $16,224,000 for the Office on Violence Against
Women.
(C) $33,901,000 for the Office of Community Oriented
Policing Services.

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119 STAT. 3091

SEC. 1104. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2009.

There are authorized to be appropriated for fiscal year 2009,
to carry out the activities of the Department of Justice (including
any bureau, office, board, division, commission, subdivision, unit,
or other component thereof), the following sums:
(1) GENERAL ADMINISTRATION.—For General Administration: $181,561,000.
(2) ADMINISTRATIVE REVIEW AND APPEALS.—For Administrative Review and Appeals: $243,291,000 for administration
of pardon and clemency petitions and for immigration-related
activities.
(3) OFFICE OF INSPECTOR GENERAL.—For the Office of
Inspector General: $81,922,000, which shall include not to
exceed $10,000 to meet unforeseen emergencies of a confidential
character.
(4) GENERAL LEGAL ACTIVITIES.—For General Legal Activities: $764,526,000, which shall include—
(A) not less than $4,000,000 for the investigation and
prosecution of denaturalization and deportation cases
involving alleged Nazi war criminals;
(B) not less than $16,872,000 for the investigation and
prosecution of violations of title 17 of the United States
Code;
(C) not to exceed $20,000 to meet unforeseen emergencies of a confidential character; and
(D) $5,000,000 for the investigation and prosecution
of violations of chapter 77 of title 18 of the United States
Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division:
$162,488,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,829,194,000.
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal
Bureau of Investigation: $6,480,608,000, which shall include
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United
States Marshals Service: $900,178,000.
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison
System, including the National Institute of Corrections:
$5,698,292,000.
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug
Enforcement Administration: $1,930,462,000, which shall
include not to exceed $70,000 to meet unforeseen emergencies
of a confidential character.
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.—For the Bureau of Alcohol, Tobacco, Firearms and
Explosives: $1,038,939,000.
(12) FEES AND EXPENSES OF WITNESSES.—For Fees and
Expenses of Witnesses: $203,755,000, which shall include not
to exceed $8,000,000 for construction of protected witness
safesites.
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For
Interagency Crime and Drug Enforcement: $744,593,000, for
expenses not otherwise provided for, for the investigation and

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prosecution of persons involved in organized crime drug trafficking, except that any funds obligated from appropriations
authorized by this paragraph may be used under authorities
available to the organizations reimbursed from such funds.
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the
Foreign Claims Settlement Commission: $1,429,000.
(15) COMMUNITY RELATIONS SERVICE.—For the Community
Relations Service: $10,977,000.
(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture
Fund: $22,000,000 for expenses authorized by section 524 of
title 28, United States Code.
(17) UNITED STATES PAROLE COMMISSION.—For the United
States Parole Commission: $12,711,000.
(18) FEDERAL DETENTION TRUSTEE.—For the necessary
expenses of the Federal Detention Trustee: $1,858,509,000.
(19) JUSTICE INFORMATION SHARING TECHNOLOGY.—For necessary expenses for information sharing technology, including
planning, development, and deployment: $204,152,000.
(20) NARROWBAND COMMUNICATIONS.—For the costs of
conversion to narrowband communications, including the cost
for operation and maintenance of Land Mobile Radio legacy
systems: $144,771,000.
(21) ADMINISTRATIVE EXPENSES FOR CERTAIN ACTIVITIES.—
For the administrative expenses of the Office of Justice Programs, the Office on Violence Against Women, and the Office
of Community Oriented Policing Services:
(A) $132,226,000 for the Office of Justice Programs.
(B) $16,837,000 for the Office on Violence Against
Women.
(C) $35,257,000 for the Office of Community Oriented
Policing Services.

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28 USC 509 note.

SEC. 1105. ORGANIZED RETAIL THEFT.

Establishment.
Records.

(a) NATIONAL DATA.—(1) The Attorney General and the Federal
Bureau of Investigation, in consultation with the retail community,
shall establish a task force to combat organized retail theft and
provide expertise to the retail community for the establishment
of a national database or clearinghouse housed and maintained
in the private sector to track and identify where organized retail
theft type crimes are being committed in the United Sates. The
national database shall allow Federal, State, and local law enforcement officials as well as authorized retail companies (and authorized
associated retail databases) to transmit information into the database electronically and to review information that has been submitted electronically.
(2) The Attorney General shall make available funds to provide
for the ongoing administrative and technological costs to federal
law enforcement agencies participating in the database project.
(3) The Attorney General through the Bureau of Justice Assistance in the Office of Justice may make grants to help provide
for the administrative and technological costs to State and local
law enforcement agencies participating in the data base project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for each of fiscal years 2006 through 2009,
$5,000,000 for educating and training federal law enforcement
regarding organized retail theft, for investigating, apprehending
and prosecuting individuals engaged in organized retail theft, and

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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).

VerDate 14-DEC-2004

SEC. 1106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.

28 USC 509 note.

(a) TASK FORCE.—(1) The Attorney General shall establish the
United States-Mexico Border Violence Task Force in Laredo, Texas,
to combat drug and firearms trafficking, violence, and kidnapping
along the border between the United States and Mexico and to
provide expertise to the law enforcement and homeland security
agencies along the border between the United States and Mexico.
The Task Force shall include personnel from the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Immigration and Customs
Enforcement, the Drug Enforcement Administration, Customs and
Border Protection, other Federal agencies (as appropriate), the
Texas Department of Public Safety, and local law enforcement
agencies.
(2) The Attorney General shall make available funds to provide
for the ongoing administrative and technological costs to Federal,
State, and local law enforcement agencies participating in the Task
Force.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $10,000,000 for each of the fiscal years 2006
through 2009, for—
(1) the establishment and operation of the United StatesMexico Border Violence Task Force; and
(2) the investigation, apprehension, and prosecution of
individuals engaged in drug and firearms trafficking, violence,
and kidnapping along the border between the United States
and Mexico.

Establishment.

SEC. 1107. NATIONAL GANG INTELLIGENCE CENTER.

28 USC 534 note.

(a) ESTABLISHMENT.—The Attorney General shall establish a
National Gang Intelligence Center and gang information database
to be housed at and administered by the Federal Bureau of Investigation to collect, analyze, and disseminate gang activity information from—
(1) the Federal Bureau of Investigation;
(2) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(3) the Drug Enforcement Administration;
(4) the Bureau of Prisons;
(5) the United States Marshals Service;
(6) the Directorate of Border and Transportation Security
of the Department of Homeland Security;
(7) the Department of Housing and Urban Development;

Records.

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(8) State and local law enforcement;
(9) Federal, State, and local prosecutors;
(10) Federal, State, and local probation and parole offices;
(11) Federal, State, and local prisons and jails; and
(12) any other entity as appropriate.
(b) INFORMATION.—The Center established under subsection
(a) shall make available the information referred to in subsection
(a) to—
(1) Federal, State, and local law enforcement agencies;
(2) Federal, State, and local corrections agencies and penal
institutions;
(3) Federal, State, and local prosecutorial agencies; and
(4) any other entity as appropriate.
(c) ANNUAL REPORT.—The Center established under subsection
(a) shall annually submit to Congress a report on gang activity.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for fiscal
year 2006 and for each fiscal year thereafter.

Subtitle B—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT PROGRAMS
CHAPTER 1—ASSISTING LAW ENFORCEMENT AND
CRIMINAL JUSTICE AGENCIES
SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM.

42 USC 3751 et
seq.

(a) IN GENERAL.—Part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1 of such part (42 U.S.C. 3751–3759) is
repealed.
(2) Such part is further amended—
(A) by inserting before section 500 (42 U.S.C. 3750)
the following new heading:

‘‘Subpart 1—Edward Byrne Memorial Justice
Assistance Grant Program’’;
(B) by amending section 500 to read as follows:
42 USC 3750.

‘‘SEC. 500. NAME OF PROGRAM.

‘‘(a) IN GENERAL.—The grant program established under this
subpart shall be known as the ‘Edward Byrne Memorial Justice
Assistance Grant Program’.
‘‘(b) REFERENCES TO FORMER PROGRAMS.—(1) Any reference
in a law, regulation, document, paper, or other record of the United
States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law
Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a).
‘‘(2) Any reference in a law, regulation, document, paper, or
other record of the United States to section 506 of this Act as
such section was in effect on the date of the enactment of the
Department of Justice Appropriations Authorization Act, Fiscal

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Years 2006 through 2009, shall be deemed to be a reference to
section 505(a) of this Act as amended by the Department of Justice
Appropriations Authorization Act, Fiscal Years 2006 through 2009.’’;
and
(C) by inserting after section 500 the following new
sections:
‘‘SEC. 501. DESCRIPTION.

42 USC 3751.

‘‘(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

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PUBLIC LAW 109–162—JAN. 5, 2006

such funds to provide such matters essential to the maintenance
of public safety and good order—
‘‘(A) vehicles (excluding police cruisers), vessels
(excluding police boats), or aircraft (excluding police helicopters);
‘‘(B) luxury items;
‘‘(C) real estate;
‘‘(D) construction projects (other than penal or correctional institutions); or
‘‘(E) any similar matters.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 percent of a
grant made under this subpart may be used for costs incurred
to administer such grant.
‘‘(f) PERIOD.—The period of a grant made under this subpart
shall be four years, except that renewals and extensions beyond
that period may be granted at the discretion of the Attorney General.
‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) shall not
be construed to prohibit the use, directly or indirectly, of funds
provided under this subpart to provide security at a public event,
such as a political convention or major sports event, so long as
such security is provided under applicable laws and procedures.
42 USC 3752.

‘‘SEC. 502. APPLICATIONS.

Deadline.

‘‘To request a grant under this subpart, the chief executive
officer of a State or unit of local government shall submit an
application to the Attorney General within 90 days after the date
on which funds to carry out this subpart are appropriated for
a fiscal year, in such form as the Attorney General may require.
Such application shall include the following:
‘‘(1) A certification that Federal funds made available under
this subpart will not be used to supplant State or local funds,
but will be used to increase the amounts of such funds that
would, in the absence of Federal funds, be made available
for law enforcement activities.
‘‘(2) An assurance that, not fewer than 30 days before
the application (or any amendment to the application) was
submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the
State or unit of local government (or to an organization designated by that governing body).
‘‘(3) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General—
‘‘(A) the application (or amendment) was made public;
and
‘‘(B) an opportunity to comment on the application
(or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent
applicable law or established procedure makes such an
opportunity available.
‘‘(4) An assurance that, for each fiscal year covered by
an application, the applicant shall maintain and report such
data, records, and information (programmatic and financial)
as the Attorney General may reasonably require.
‘‘(5) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer

Certification.

Public notice and
comment.

Records.

Certification.

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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.

42 USC 3753.

‘‘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.

42 USC 3754.

‘‘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.

Deadline.

42 USC 3755.

‘‘(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)—

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119 STAT. 3098

‘‘(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

Grants.

Certification.

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1 violent crimes reported by a specified geographically constituent unit of local government; and
‘‘(ii) but for this paragraph, the amount of funds allocated under this section to—
‘‘(I) any one such specified geographically constituent unit of local government exceeds 150 percent
of the amount allocated to the unit of local government
certified pursuant to clause (i); or
‘‘(II) more than one such specified geographically
constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i),
then in order to qualify for payment under this subsection,
the unit of local government certified pursuant to clause (i),
together with any such specified geographically constituent
units of local government described in clause (ii), shall submit
to the Attorney General a joint application for the aggregate
of funds allocated to such units of local government. Such
application shall specify the amount of such funds that are
to be distributed to each of the units of local government
and the purposes for which such funds are to be used. The
units of local government involved may establish a joint local
advisory board for the purposes of carrying out this paragraph.
‘‘(B) In this paragraph, the term ‘geographically constituent
unit of local government’ means a unit of local government
that has jurisdiction over areas located within the boundaries
of an area over which a unit of local government certified
pursuant to clause (i) has jurisdiction.
‘‘(e) LIMITATION ON ALLOCATIONS TO UNITS OF LOCAL GOVERNMENT.—
‘‘(1) MAXIMUM ALLOCATION.—No unit of local government
shall receive a total allocation under this section that exceeds
such unit’s total expenditures on criminal justice services for
the most recently completed fiscal year for which data are
available. Any amount in excess of such total expenditures
shall be allocated proportionally among units of local government whose allocations under this section do not exceed their
total expenditures on such services.
‘‘(2) ALLOCATIONS UNDER $10,000.—If the allocation under
this section to a unit of local government is less than $10,000
for any fiscal year, the direct grant to the State under subsection (c) shall be increased by the amount of such allocation,
to be distributed (for the purposes described in section 501)
among State police departments that provide criminal justice
services to units of local government and units of local government whose allocation under this section is less than $10,000.
‘‘(3) NON-REPORTING UNITS.—No allocation under this section shall be made to a unit of local government that has
not reported at least three years of data on part 1 violent
crimes of the Uniform Crime Reports to the Federal Bureau
of Investigation within the immediately preceding 10 years.
‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attorney General
determines, on the basis of information available during any grant
period, that any allocation (or portion thereof) under this section
to a State for such grant period will not be required, or that
a State will be unable to qualify or receive funds under this subpart,
or that a State chooses not to participate in the program established

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119 STAT. 3100

Grants.

42 USC 3756.

PUBLIC LAW 109–162—JAN. 5, 2006

under this subpart, then such State’s allocation (or portion thereof)
shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority
to those jurisdictions with the highest annual number of part 1
violent crimes of the Uniform Crime Reports reported by the unit
of local government to the Federal Bureau of Investigation for
the three most recent calendar years for which such data are
available.
‘‘(g) SPECIAL RULES FOR PUERTO RICO.—
‘‘(1) ALL FUNDS SET ASIDE FOR COMMONWEALTH 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.

‘‘(a) Of the total amount made available to carry out this
subpart for a fiscal year, the Attorney General shall reserve not
more than—
‘‘(1) $20,000,000, for use by the National Institute of Justice
in assisting units of local government to identify, select, develop,
modernize, and purchase new technologies for use by law
enforcement, of which $1,000,000 shall be for use by the Bureau
of Justice Statistics to collect data necessary for carrying out
this subpart; and
‘‘(2) $20,000,000, to be granted by the Attorney General
to States and units of local government to develop and implement antiterrorism training programs.
‘‘(b) Of the total amount made available to carry out this
subpart for a fiscal year, the Attorney General may reserve not
more than 5 percent, to be granted to 1 or more States or units
of local government, for 1 or more of the purposes specified in
section 501, pursuant to his determination that the same is
necessary—
‘‘(1) to combat, address, or otherwise respond to precipitous
or extraordinary increases in crime, or in a type or types
of crime; or
‘‘(2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under section 505.
42 USC 3757.

Deadline.

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‘‘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

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amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months
after the date on which the grant period expires.
‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a State or unit
of local government fails to comply with paragraphs (1) and
(2), the Attorney General shall reduce amounts to be provided
to that State or unit of local government accordingly.
‘‘(c) REPAID AMOUNTS.—Amounts received as repayments under
this section shall be subject to section 108 of this title as if such
amounts had not been granted and repaid. Such amounts shall
be deposited in the Treasury in a dedicated fund for use by the
Attorney General to carry out this subpart. Such funds are hereby
made available to carry out this subpart.
‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

42 USC 3758.

‘‘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

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Reports.

42 USC 3750
note.

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(ii) in subsection (a)(1), by striking ‘‘an assessment
of the impact of such activities on meeting the needs
identified in the State strategy submitted under section
503’’ and inserting ‘‘an assessment of the impact of
such activities on meeting the purposes of subpart
1’’;
(D) in section 801(b) (42 U.S.C. 3782(b)), in the matter
following paragraph (5)—
(i) by striking ‘‘the purposes of section 501 of this
title’’ and inserting ‘‘the purposes of such subpart 1’’;
and
(ii) by striking ‘‘the application submitted pursuant
to section 503 of this title.’’ and inserting ‘‘the application submitted pursuant to section 502 of this title.
Such report shall include details identifying each
applicant that used any funds to purchase any cruiser,
boat, or helicopter and, with respect to such applicant,
specifying both the amount of funds used by such
applicant for each purchase of any cruiser, boat, or
helicopter and a justification of each such purchase
(and the Bureau of Justice Assistance shall submit
to the Committee of the Judiciary of the House of
Representatives and the Committee of the Judiciary
of the Senate, promptly after preparation of such report
a written copy of the portion of such report containing
the information required by this sentence).’’;
(E) in section 808 (42 U.S.C. 3789), by striking ‘‘the
State office described in section 507 or 1408’’ and inserting
‘‘the State office responsible for the trust fund required
by section 507, or the State office described in section
1408,’’;
(F) in section 901 (42 U.S.C. 3791), in subsection (a)(2),
by striking ‘‘for the purposes of section 506(a)’’ and
inserting ‘‘for the purposes of section 505(a)’’;
(G) in section 1502 (42 U.S.C. 3796bb–1)—
(i) in paragraph (1), by striking ‘‘section 506(a)’’
and inserting ‘‘section 505(a)’’;
(ii) in paragraph (2)—
(I) by striking ‘‘section 503(a)’’ and inserting
‘‘section 502’’; and
(II) by striking ‘‘section 506’’ and inserting
‘‘section 505’’;
(H) in section 1602 (42 U.S.C. 3796cc–1), in subsection
(b), by striking ‘‘The office designated under section 507
of title I’’ and inserting ‘‘The office responsible for the
trust fund required by section 507’’;
(I) in section 1702 (42 U.S.C. 3796dd–1), in subsection
(c)(1), by striking ‘‘and reflects consideration of the statewide strategy under section 503(a)(1)’’; and
(J) in section 1902 (42 U.S.C. 3796ff–1), in subsection
(e), by striking ‘‘The Office designated under section 507’’
and inserting ‘‘The office responsible for the trust fund
required by section 507’’.
(d) APPLICABILITY.—The amendments made by this section shall
apply with respect to the first fiscal year beginning after the date
of the enactment of this Act and each fiscal year thereafter.

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119 STAT. 3103

SEC. 1112. CLARIFICATION OF NUMBER OF RECIPIENTS WHO MAY BE
SELECTED IN A GIVEN YEAR TO RECEIVE PUBLIC SAFETY
OFFICER MEDAL OF VALOR.

Section 3(c) of the Public Safety Officer Medal of Valor Act
of 2001 (42 U.S.C. 15202(c)) is amended by striking ‘‘more than
5 recipients’’ and inserting ‘‘more than 5 individuals, or groups
of individuals, as recipients’’.
SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY
ATTORNEY GENERAL IN CONSIDERING APPLICATION
FOR EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.

Section 609M(b) of the Justice Assistance Act of 1984 (42 U.S.C.
10501(b)) is amended by striking ‘‘the Director of the Office of
Justice Assistance’’ and inserting ‘‘the Assistant Attorney General
for the Office of Justice Programs’’.
SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION
SHARING SYSTEM GRANTS.

Section 1301(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h(b)), as most recently amended by
section 701 of the USA PATRIOT Act (Public Law 107–56; 115
Stat. 374), is amended—
(1) in paragraph (1), by inserting ‘‘regional’’ before ‘‘information sharing systems’’;
(2) by amending paragraph (3) to read as follows:
‘‘(3) establishing and maintaining a secure telecommunications system for regional information sharing between Federal, State, tribal, and local law enforcement agencies;’’; and
(3) by striking ‘‘(5)’’ at the end of paragraph (4).
SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL
RECORD DATABASES.

(a) DUTIES OF DIRECTOR.—Section 302 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended—
(1) in subsection (b), by inserting after the third sentence
the following new sentence: ‘‘The Director shall be responsible
for the integrity of data and statistics and shall protect against
improper or illegal use or disclosure.’’;
(2) by amending paragraph (19) of subsection (c) to read
as follows:
‘‘(19) provide for improvements in the accuracy, quality,
timeliness, immediate accessibility, and integration of State
criminal history and related records, support the development
and enhancement of national systems of criminal history and
related records including the National Instant Criminal Background Check System, the National Incident-Based Reporting
System, and the records of the National Crime Information
Center, facilitate State participation in national records and
information systems, and support statistical research for critical
analysis of the improvement and utilization of criminal history
records;’’; and
(3) in subsection (d)—
(A) by striking ‘‘and’’ at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(C) by adding at the end the following:

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‘‘(6) confer and cooperate with Federal statistical agencies
as needed to carry out the purposes of this part, including
by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.’’.
(b) USE OF DATA.—Section 304 of such Act (42 U.S.C. 3735)
is amended by striking ‘‘particular individual’’ and inserting ‘‘private
person or public agency’’.
(c) CONFIDENTIALITY OF INFORMATION.—Section 812(a) of such
Act (42 U.S.C. 3789g(a)) is amended by striking ‘‘Except as provided
by Federal law other than this title, no’’ and inserting ‘‘No’’.
SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW
ENFORCEMENT ARMOR VESTS.

Section 1001(a)(23) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended
by striking ‘‘2007’’ and inserting ‘‘2009’’.
CHAPTER 2—BUILDING COMMUNITY CAPACITY TO
PREVENT, REDUCE, AND CONTROL CRIME
SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.

(a) IN GENERAL.—Part A of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by inserting after section
102 (42 U.S.C. 3712) the following new sections:
42 USC 3712a.

‘‘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.
42 USC 3712b.

‘‘SEC. 104. WEED AND SEED STRATEGIES.

‘‘(a) IN GENERAL.—From amounts made available under section
103(c), the Director of the Office of Weed and Seed Strategies
may implement strategies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drugrelated activity, and gang activity in designated Weed-and-Seed
communities. Each such strategy shall involve both of the following
activities:
‘‘(1) WEEDING.—Activities, to be known as Weeding activities, which shall include promoting and coordinating a broad
spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or
incarcerate, persons in that community who participate or
engage in violent crime, criminal drug-related activity, and
other crimes that threaten the quality of life in that community.
‘‘(2) SEEDING.—Activities, to be known as Seeding activities,
which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—

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‘‘(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families;
and
‘‘(B) community revitalization efforts, including
enforcement of building codes and development of the
economy.
‘‘(b) GUIDELINES.—The Director shall issue guidelines for the
development and implementation of Weed and Seed strategies under
this section. The guidelines shall ensure that the Weed and Seed
strategy for a community referred to in subsection (a) shall—
‘‘(1) be planned and implemented through and under the
auspices of a steering committee, properly established in the
community, comprised of—
‘‘(A) in a voting capacity, representatives of—
‘‘(i) appropriate law enforcement agencies; and
‘‘(ii) other public and private agencies, and
neighborhood and community-based organizations,
interested in criminal justice and community-based
development and revitalization in the community; and
‘‘(B) in a voting capacity, both—
‘‘(i) the Drug Enforcement Administration’s special
agent in charge for the jurisdiction encompassing the
community; and
‘‘(ii) the United States Attorney for the District
encompassing the community;
‘‘(2) describe how law enforcement agencies, other public
and private agencies, neighborhood and community-based
organizations, and interested citizens are to cooperate in implementing the strategy; and
‘‘(3) incorporate a community-policing component that shall
serve as a bridge between the Weeding activities under subsection (a)(1) and the Seeding activities under subsection (a)(2).
‘‘(c) DESIGNATION.—For a community to be designated as a
Weed-and-Seed community for purposes of subsection (a)—
‘‘(1) the United States Attorney for the District encompassing the community must certify to the Director that—
‘‘(A) the community suffers from consistently high
levels of crime or otherwise is appropriate for such designation;
‘‘(B) the Weed and Seed strategy proposed, adopted,
or implemented by the steering committee has a high probability of improving the criminal justice system within
the community and contains all the elements required by
the Director; and
‘‘(C) the steering committee is capable of implementing
the strategy appropriately; and
‘‘(2) the community must agree to formulate a timely and
effective plan to independently sustain the strategy (or, at
a minimum, a majority of the best practices of the strategy)
when assistance under this section is no longer available.
‘‘(d) APPLICATION.—An application for designation as a Weedand-Seed community for purposes of subsection (a) shall be submitted to the Director by the steering committee of the community
in such form, and containing such information and assurances,
as the Director may require. The application shall propose—
‘‘(1) a sustainable Weed and Seed strategy that includes—

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PUBLIC LAW 109–162—JAN. 5, 2006
‘‘(A) the active involvement of the United States
Attorney for the District encompassing the community, the
Drug Enforcement Administration’s special agent in charge
for the jurisdiction encompassing the community, and other
Federal law enforcement agencies operating in the vicinity;
‘‘(B) a significant community-oriented policing component; and
‘‘(C) demonstrated coordination with complementary
neighborhood and community-based programs and initiatives; and
‘‘(2) a methodology with outcome measures and specific
objective indicia of performance to be used to evaluate the
effectiveness of the strategy.
‘‘(e) GRANTS.—
‘‘(1) IN GENERAL.—In implementing a strategy for a community under subsection (a), the Director may make grants to
that community.
‘‘(2) USES.—For each grant under this subsection, the
community receiving that grant may not use any of the grant
amounts for construction, except that the Assistant Attorney
General may authorize use of grant amounts for incidental
or minor construction, renovation, or remodeling.
‘‘(3) LIMITATIONS.—A community may not receive grants
under this subsection (or fall within such a community)—
‘‘(A) for a period of more than 10 fiscal years;
‘‘(B) for more than 5 separate fiscal years, except that
the Assistant Attorney General may, in single increments
and only upon a showing of extraordinary circumstances,
authorize grants for not more than 3 additional separate
fiscal years; or
‘‘(C) in an aggregate amount of more than $1,000,000,
except that the Assistant Attorney General may, upon a
showing of extraordinary circumstances, authorize grants
for not more than an additional $500,000.
‘‘(4) DISTRIBUTION.—In making grants under this subsection, the Director shall ensure that—
‘‘(A) to the extent practicable, the distribution of such
grants is geographically equitable and includes both urban
and rural areas of varying population and area; and
‘‘(B) priority is given to communities that clearly and
effectively coordinate crime prevention programs with other
Federal programs in a manner that addresses the overall
needs of such communities.
‘‘(5) FEDERAL SHARE.—(A) Subject to subparagraph (B), the
Federal share of a grant under this subsection may not exceed
75 percent of the total costs of the projects described in the
application for which the grant was made.
‘‘(B) The requirement of subparagraph (A)—
‘‘(i) may be satisfied in cash or in kind; and
‘‘(ii) may be waived by the Assistant Attorney General
upon a determination that the financial circumstances
affecting the applicant warrant a finding that such a waiver
is equitable.
‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive a grant under
this subsection, the applicant must provide assurances that
the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise

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be available for programs or services provided in the community.
‘‘SEC. 105. INCLUSION OF INDIAN TRIBES.

42 USC 3712c.

‘‘For purposes of sections 103 and 104, the term ‘State’ includes
an Indian tribal government.’’.
(b) ABOLISHMENT OF EXECUTIVE OFFICE OF WEED AND SEED;
TRANSFERS OF FUNCTIONS.—
(1) ABOLISHMENT.—The Executive Office of Weed and Seed
is abolished.
(2) TRANSFER.—There are hereby transferred to the Office
of Weed and Seed Strategies all functions and activities performed immediately before the date of the enactment of this
Act by the Executive Office of Weed and Seed Strategies.
(c) EFFECTIVE DATE.—This section and the amendments made
by this section take effect 90 days after the date of the enactment
of this Act.

42 USC 3712a
note.

42 USC 3712a
note.

CHAPTER 3—ASSISTING VICTIMS OF CRIME
SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO
IMPROVE OUTREACH SERVICES TO VICTIMS OF CRIME.

Section 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)), as most recently amended by section 623 of the USA
PATRIOT Act (Public Law 107–56; 115 Stat. 372), is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking the comma after ‘‘Director’’;
(B) in subparagraph (A), by striking ‘‘and’’ at the end;
(C) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new subparagraph:
‘‘(C) for nonprofit neighborhood and community-based
victim service organizations and coalitions to improve outreach
and services to victims of crime.’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘paragraph (1)(A)’’ and inserting
‘‘paragraphs (1)(A) and (1)(C)’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(C) not more than $10,000 shall be used for any single
grant under paragraph (1)(C).’’.
SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING TO CRIME VICTIMS FUND.

Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) is amended as follows:
(1) AUTHORITY TO ACCEPT GIFTS.—Subsection (b)(5) of such
section is amended by striking the period at the end and
inserting the following: ‘‘, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director
is not hereby authorized to accept any such gift, bequest, or
donation that—

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‘‘(A) attaches conditions inconsistent with applicable
laws or regulations; or
‘‘(B) is conditioned upon or would require the expenditure of appropriated funds that are not available to the
Office for Victims of Crime.’’.
(2) AUTHORITY TO REPLENISH ANTITERRORISM EMERGENCY
RESERVE.—Subsection (d)(5)(A) of such section is amended by
striking ‘‘expended’’ and inserting ‘‘obligated’’.
(3) AUTHORITY TO MAKE GRANTS TO INDIAN TRIBES FOR
VICTIM ASSISTANCE PROGRAMS.—Subsection (g) of such section
is amended—
(A) in paragraph (1), by striking ‘‘, acting through
the Director,’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) The Attorney General may use 5 percent of the funds
available under subsection (d)(2) (prior to distribution) for grants
to Indian tribes to establish child victim assistance programs, as
appropriate.’’.
SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY
BE USED BY STATE FOR TRAINING PURPOSES.

(a) CRIME VICTIM COMPENSATION.—Section 1403(a)(3) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) is amended
by inserting after ‘‘may be used for’’ the following: ‘‘training purposes and’’.
(b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3) of such Act
(42 U.S.C. 10603(b)(3)) is amended by inserting after ‘‘may be
used for’’ the following: ‘‘training purposes and’’.
SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE
AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT
PROGRAMS.

(a) CLARIFICATION OF STATE GRANTS.—Section 2007 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–1) is amended—
(1) in subsection (c)(3)(A), by striking ‘‘police’’ and inserting
‘‘law enforcement’’; and
(2) in subsection (d)—
(A) in the second sentence, by inserting after ‘‘each
application’’ the following: ‘‘submitted by a State’’; and
(B) in the third sentence, by striking ‘‘An application’’
and inserting ‘‘In addition, each application submitted by
a State or tribal government’’.
(b) CHANGE FROM ANNUAL TO BIENNIAL REPORTING.—Section
2009(b) of such Act (42 U.S.C. 3796gg–3) is amended by striking
‘‘Not later than’’ and all that follows through ‘‘the Attorney General
shall submit’’ and inserting the following: ‘‘Not later than one
month after the end of each even-numbered fiscal year, the Attorney
General shall submit’’.
SEC.

1135.

CHANGE OF
BIENNIAL.

CERTAIN

REPORTS

FROM

ANNUAL

TO

(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

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amended by striking ‘‘The Attorney General shall submit to the
Congress an annual report, beginning one year after the date of
the enactment of this Act, that provides’’ and inserting ‘‘Each evennumbered fiscal year, the Attorney General shall submit to the
Congress a biennial report that provides’’.
(b) SAFE HAVENS FOR CHILDREN.—Subsection 1301(d)(l) of the
Victims of Trafficking and Violence Protection Act of 2000 (42
U.S.C. 10420(d)(l)) is amended in the matter preceding subparagraph (A) by striking ‘‘Not later than 1 year after the last day
of the first fiscal year commencing on or after the date of enactment
of this Act, and not later than 180 days after the last day of
each fiscal year thereafter,’’ and inserting ‘‘Not later than 1 month
after the end of each even-numbered fiscal year,’’.
(c) STOP VIOLENCE AGAINST WOMEN FORMULA GRANTS.—Subsection 2009(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg–3), is amended by striking ‘‘Not
later than’’ and all that follows through ‘‘the Attorney General
shall submit’’ and inserting the following: ‘‘Not later than 1 month
after the end of each even-numbered fiscal year, the Attorney General shall submit’’.
(d) GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON
CAMPUS.—Subsection 826(d)(3) of the Higher Education Amendments Act of 1998 (20 U.S.C. 1152 (d)(3)) is amended by striking
from ‘‘Not’’ through and including ‘‘under this section’’ and inserting
‘‘Not later than 1 month after the end of each even-numbered
fiscal year’’.
(e) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.—
Subsection 40299(f) of the Violence Against Women Act of 1994
(42 U.S.C. 13975(f)) is amended by striking ‘‘shall annually prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate
a report that contains a compilation of the information contained
in the report submitted under subsection (e) of this section.’’ and
inserting ‘‘shall prepare and submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a report that contains a compilation
of the information contained in the report submitted under subsection (e) of this section not later than one month after the end
of each even-numbered fiscal year.’’.
SEC. 1136. GRANTS FOR YOUNG WITNESS ASSISTANCE.

42 USC 3743.

(a) IN GENERAL.—The Attorney General, acting through the
Bureau of Justice Assistance, may make grants to State and local
prosecutors and law enforcement agencies in support of juvenile
and young adult witness assistance programs.
(b) USE OF FUNDS.—Grants made available under this section
may be used—
(1) to assess the needs of juvenile and young adult witnesses;
(2) to develop appropriate program goals and objectives;
and
(3) to develop and administer a variety of witness assistance services, which includes—
(A) counseling services to young witnesses dealing with
trauma associated in witnessing a violent crime;

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(B) pre- and post-trial assistance for the youth and
their family;
(C) providing education services if the child is removed
from or changes their school for safety concerns;
(D) protective services for young witnesses and their
families when a serious threat of harm from the perpetrators or their associates is made; and
(E) community outreach and school-based initiatives
that stimulate and maintain public awareness and support.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘juvenile’’ means an individual who is age
17 or younger.
(2) The term ‘‘young adult’’ means an individual who is
age 21 or younger but not a juvenile.
(3) The term ‘‘State’’ includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $3,000,000 for each
of fiscal years 2006 through 2009.
CHAPTER 4—PREVENTING CRIME
SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER
FOR PURPOSES OF JUVENILE DRUG COURTS.

Section 2953(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797u–2(b)) is amended in the matter preceding paragraph (1) by striking ‘‘an offense that’’ and inserting
‘‘a felony-level offense that’’.
SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS
FOR DRUG COURTS.

(a) MINIMUM ALLOCATION REPEALED.—Section 2957 of such
Act (42 U.S.C. 3797u–6) is amended by striking subsection (b)
and inserting the following:
‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Unless one or more
applications submitted by any State or unit of local government
within such State (other than an Indian tribe) for a grant under
this part has been funded in any fiscal year, such State, together
with eligible applicants within such State, shall be provided targeted technical assistance and training by the Community Capacity
Development Office to assist such State and such eligible applicants
to successfully compete for future funding under this part, and
to strengthen existing State drug court systems. In providing such
technical assistance and training, the Community Capacity Development Office shall consider and respond to the unique needs of
rural States, rural areas and rural communities.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(25)(A)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(25)(A)) is amended by adding at the end
the following:
‘‘(v) $70,000,000 for each of fiscal years 2007 and
2008.’’.

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SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS
PROGRAM EXTENDED TO COURTS THAT SUPERVISE NONOFFENDERS WITH SUBSTANCE ABUSE PROBLEMS.

Section 2951(a)(1) of such Act (42 U.S.C. 3797u(a)(1)) is
amended by striking ‘‘offenders with substance abuse problems’’
and inserting ‘‘offenders, and other individuals under the jurisdiction of the court, with substance abuse problems’’.
SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR LOCAL FACILITIES.

Section 1904 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff–3) is amended by adding at the
end the following new subsection:
‘‘(d) DEFINITION.—In this section, the term ‘residential substance abuse treatment program’ means a course of individual
and group activities, lasting between 6 and 12 months, in residential
treatment facilities set apart from the general prison population—
‘‘(1) directed at the substance abuse problems of the prisoners;
‘‘(2) intended to develop the prisoner’s cognitive, behavioral,
social, vocational and other skills so as to solve the prisoner’s
substance abuse and other problems; and
‘‘(3) which may include the use of pharmacotherapies,
where appropriate, that may extend beyond the treatment
period.’’.
SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT
PROGRAM FOR STATE PRISONERS.

(a) ENHANCED DRUG SCREENINGS REQUIREMENT.—Subsection
(b) of section 1902 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ff—1(b)) is amended to read as follows:
‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To be eligible
to receive funds under this part, a State must agree to implement
or continue to require urinalysis or other proven reliable forms
of testing, including both periodic and random testing—
‘‘(1) of an individual before the individual enters a residential substance abuse treatment program and during the period
in which the individual participates in the treatment program;
and
‘‘(2) of an individual released from a residential substance
abuse treatment program if the individual remains in the custody of the State.’’.
(b) AFTERCARE SERVICES REQUIREMENT.—Subsection (c) of such
section is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT’’ and inserting ‘‘AFTERCARE SERVICES REQUIREMENT’’;
and
(2) by amending paragraph (1) to read as follows:
‘‘(1) To be eligible for funding under this part, a State
shall ensure that individuals who participate in the substance
abuse treatment program established or implemented with
assistance provided under this part will be provided with after
care services.’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) After care services required by this subsection shall
be funded through funds provided for this part.’’.

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PUBLIC LAW 109–162—JAN. 5, 2006

(c) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED DRUG
TREATMENT PROGRAMS.—Section 1903 of such Act (42 U.S.C.
3796ff–2) is amended by adding at the end the following new
subsection:
‘‘(e) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED
DRUG TREATMENT PROGRAMS.—In considering an application submitted by a State under section 1902, the Attorney General shall
give priority to an application that involves a partnership between
the State and a community-based drug treatment program within
the State.’’.
SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM
FOR FEDERAL FACILITIES.

Section 3621(e) of title 18, United States Code, is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to carry out this subsection such sums as may
be necessary for each of fiscal years 2007 through 2011.’’; and
(2) in paragraph (5)(A)—
(A) in clause (i) by striking ‘‘and’’ after the semicolon;
(B) in clause (ii) by inserting ‘‘and’’ after the semicolon;
and
(C) by adding at the end the following:
‘‘(iii)
which
may
include
the
use
of
pharmacoptherapies, if appropriate, that may extend
beyond the treatment period;’’.
CHAPTER 5—OTHER MATTERS
SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.

Applicability.
28 USC 533 note.

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(a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM PAYING STATES
INTEREST ON LATE DISBURSEMENTS ALSO EXEMPTED FROM PAYING
CHARGE TO TREASURY FOR UNTIMELY DISBURSEMENTS.—Section
204(f) of Public Law 107–273 (116 Stat. 1776; 31 U.S.C. 6503
note) is amended—
(1) by striking ‘‘section 6503(d)’’ and inserting ‘‘sections
3335(b) or 6503(d)’’; and
(2) by striking ‘‘section 6503’’ and inserting ‘‘sections
3335(b) or 6503’’.
(b) SOUTHWEST BORDER PROSECUTOR INITIATIVE INCLUDED
AMONG SUCH EXEMPTED PROGRAMS.—Section 204(f) of such Act
is further amended by striking ‘‘pursuant to section 501(a)’’ and
inserting ‘‘pursuant to the Southwest Border Prosecutor Initiative
(as carried out pursuant to paragraph (3) (117 Stat. 64) under
the heading relating to Community Oriented Policing Services of
the Department of Justice Appropriations Act, 2003 (title I of division B of Public Law 108–7), or as carried out pursuant to any
subsequent authority) or section 501(a)’’.
(c) ATFE UNDERCOVER INVESTIGATIVE OPERATIONS.—Section
102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993, as in effect pursuant to section 815(d) of the
Antiterrorism and Effective Death Penalty Act of 1996 shall apply
with respect to the Bureau of Alcohol, Tobacco, Firearms, and
Explosives and the undercover investigative operations of the
Bureau on the same basis as such section applies with respect
to any other agency and the undercover investigative operations
of such agency.

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119 STAT. 3113

SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.

(a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS OF CRIME.—
Section 102 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) by inserting
after ‘‘the Bureau of Justice Statistics,’’ the following: ‘‘the Office
for Victims of Crime,’’.
(b) SETTING GRANT CONDITIONS AND PRIORITIES.—Such section
is further amended in subsection (a)(6) by inserting ‘‘, including
placing special conditions on all grants, and determining priority
purposes for formula grants’’ before the period at the end.
SEC. 1153. SIMPLIFICATION OF COMPLIANCE DEADLINES UNDER SEXOFFENDER REGISTRATION LAWS.

(a) COMPLIANCE PERIOD.—A State shall not be treated, for
purposes of any provision of law, as having failed to comply with
section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C. 14072)
of the Violent Crime Control and Law Enforcement Act of 1994
until 36 months after the date of the enactment of this Act, except
that the Attorney General may grant an additional 24 months
to a State that is making good faith efforts to comply with such
sections.
(b) TIME FOR REGISTRATION OF CURRENT ADDRESS.—Subsection
(a)(1)(B) of such section 170101 is amended by striking ‘‘unless
such requirement is terminated under’’ and inserting ‘‘for the time
period specified in’’.

42 USC 14071
note.

SEC. 1154. REPEAL OF CERTAIN PROGRAMS.

(a) SAFE STREETS ACT PROGRAM.—The Criminal Justice Facility
Construction Pilot program (part F; 42 U.S.C. 3769–3769d) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
is repealed.
(b) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT PROGRAMS.—The following provisions of the Violent Crime Control and
Law Enforcement Act of 1994 are repealed:
(1) LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM.—
Subtitle B of title III (42 U.S.C. 13751–13758).
(2) ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH.—Subtitle G of title III (42 U.S.C. 13801–13802).
(3) IMPROVED TRAINING AND TECHNICAL AUTOMATION.—Subtitle E of title XXI (42 U.S.C. 14151).
(4) OTHER STATE AND LOCAL AID.—Subtitle F of title XXI
(42 U.S.C. 14161).

18 USC 922 note.

SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.

Part H of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended as follows:
(1) NOTICE AND HEARING ON DENIAL OR TERMINATION OF
GRANT.—Section 802 (42 U.S.C. 3783) of such part is amended—
(A) by striking subsections (b) and (c); and
(B) by striking ‘‘(a)’’ before ‘‘Whenever,’’.
(2) FINALITY OF DETERMINATIONS.—Section 803 (42 U.S.C.
3784) of such part is amended—
(A) by striking ‘‘, after reasonable notice and opportunity for a hearing,’’; and
(B) by striking ‘‘, except as otherwise provided herein’’.

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PUBLIC LAW 109–162—JAN. 5, 2006
(3) REPEAL OF APPELLATE COURT
U.S.C. 3785) of such part is repealed.

REVIEW.—Section

804 (42

SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF 1968.

Section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791) is amended as follows:
(1) INDIAN TRIBE.—Subsection (a)(3)(C) of such section is
amended by striking ‘‘(as that term is defined in section 103
of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603))’’.
(2) COMBINATION.—Subsection (a)(5) of such section is
amended by striking ‘‘program or project’’ and inserting ‘‘program, plan, or project’’.
(3) NEIGHBORHOOD OR COMMUNITY-BASED 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. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO PRISONERS FOR HEALTH CARE ITEMS AND
SERVICES.

Section 4006 of title 18, United States Code, is amended—
(1) in subsection (a) by inserting after ‘‘The Attorney General’’ the following: ‘‘or the Secretary of Homeland Security,
as applicable,’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘the Immigration and Naturalization
Service’’ and inserting ‘‘the Department of Homeland Security’’;
(B) by striking ‘‘shall not exceed the lesser of the
amount’’ and inserting ‘‘shall be the amount billed, not
to exceed the amount’’;
(C) by striking ‘‘items and services’’ and all that follows
through ‘‘the Medicare program’’ and inserting ‘‘items and
services under the Medicare program’’; and
(D) by striking ‘‘; or’’ and all that follows through
the period at the end and inserting a period.
SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

(a) IN GENERAL.—Part A of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding after section
104, as added by section 211 of this Act, the following new section:
42 USC 3712d.

‘‘SEC. 105. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.

‘‘(a) ESTABLISHMENT.—

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119 STAT. 3115

‘‘(1) IN GENERAL.—There is established within the Office
an Office of Audit, Assessment, and Management, headed by
a Director appointed by the Attorney General. In carrying
out the functions of the Office, the Director shall be subject
to the authority, direction, and control of the Attorney General.
Such authority, direction, and control may be delegated only
to the Assistant Attorney General, without redelegation.
‘‘(2) PURPOSE.—The purpose of the Office shall be to carry
out and coordinate program assessments of, take actions to
ensure compliance with the terms of, and manage information
with respect to, grants under programs covered by subsection
(b). The Director shall take special conditions of the grant
into account and consult with the office that issued those conditions to ensure appropriate compliance.
‘‘(3) EXCLUSIVITY.—The Office shall be the exclusive element of the Department of Justice, other than the Inspector
General, performing functions and activities for the purpose
specified in paragraph (2). There are hereby transferred to
the Office all functions and activities, other than functions
and activities of the Inspector General, for such purpose performed immediately before the date of the enactment of this
Act by any other element of the Department.
‘‘(b) COVERED PROGRAMS.—The programs referred to in subsection (a) are the following:
‘‘(1) The program under part Q of this title.
‘‘(2) Any grant program carried out by the Office of Justice
Programs.
‘‘(3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate.
‘‘(c) PROGRAM ASSESSMENTS REQUIRED.—
‘‘(1) IN GENERAL.—The Director shall select grants awarded
under the programs covered by subsection (b) and carry out
program assessments on such grants. In selecting such grants,
the Director shall ensure that the aggregate amount awarded
under the grants so selected represent not less than 10 percent
of the aggregate amount of money awarded under all such
grant programs.
‘‘(2) RELATIONSHIP TO NIJ EVALUATIONS.—This subsection
does not affect the authority or duty of the Director of the
National Institute of Justice to carry out overall evaluations
of programs covered by subsection (b), except that such Director
shall consult with the Director of the Office in carrying out
such evaluations.
‘‘(3) TIMING OF PROGRAM ASSESSMENTS.—The program
assessment required by paragraph (1) of a grant selected under
paragraph (1) shall be carried out—
‘‘(A) not later than the end of the grant period, if
the grant period is not more than 1 year; and
‘‘(B) at the end of each year of the grant period, if
the grant period is more than 1 year.
‘‘(d) COMPLIANCE ACTIONS REQUIRED.—The Director shall take
such actions to ensure compliance with the terms of a grant as
the Director considers appropriate with respect to each grant that
the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program

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Government
organization.

Grants.

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119 STAT. 3116

Establishment.

42 USC 3712d
note.

PUBLIC LAW 109–162—JAN. 5, 2006

assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1
percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director
considers appropriate, ensure that the entity responsible for such
misuse ceases to receive any funds under any program covered
by subsection (b) until such entity repays to the Attorney General
an amount equal to the amounts misused. The Director may, in
unusual circumstances, grant relief from this requirement to ensure
that an innocent party is not punished.
‘‘(e) GRANT MANAGEMENT SYSTEM.—The Director shall establish
and maintain, in consultation with the chief information officer
of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by
subsection (b).
‘‘(f) AVAILABILITY OF FUNDS.—Not to exceed 3 percent of all
funding made available for a fiscal year for the programs covered
by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section.’’.
(b) EFFECTIVE DATE.—This section and the amendment made
by this section take effect 90 days after the date of the enactment
of this Act.
SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.

(a) IN GENERAL.—Part A of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding after section
105, as added by section 248 of this Act, the following new section:
42 USC 3712e.

Government
organization.

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‘‘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.

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‘‘(2) Providing information, training, and technical assistance.
‘‘(3) Providing support for inter- and intra-agency task
forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices.
‘‘(4) Providing in the assessment of the effectiveness of
neighborhood and community-based law enforcement and crime
prevention strategies and techniques, in coordination with the
National Institute of Justice.
‘‘(5) Any other similar means.
‘‘(c) LOCATIONS.—Training referred to in subsection (a) shall
be provided on a regional basis to groups of such participants.
In a case in which remedial training is appropriate, as recommended
by the Director or the head of any element of the Department,
such training may be provided on a local basis to a single such
participant.
‘‘(d) BEST PRACTICES.—The Director shall—
‘‘(1) identify grants under which clearly beneficial outcomes
were obtained, and the characteristics of those grants that
were responsible for obtaining those outcomes; and
‘‘(2) incorporate those characteristics into the training provided under this section.
‘‘(e) AVAILABILITY OF FUNDS.—not to exceed 3 percent of all
funding made available for a fiscal year for the programs covered
by section 105(b) shall be reserved for the Community Capacity
Development Office for the activities authorized by this section.’’.
(b) EFFECTIVE DATE.—This section and the amendment made
by this section take effect 90 days after the date of the enactment
of this Act.

42 USC 3712e
note.

SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

(a) IN GENERAL.—Part A of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding after section
106, as added by section 249 of this Act, the following new section:
‘‘SEC. 107. DIVISION OF APPLIED LAW ENFORCEMENT TECHNOLOGY.

‘‘(a) ESTABLISHMENT.—There is established within the Office
of Science and Technology, the Division of Applied Law Enforcement
Technology, headed by an individual appointed by the Attorney
General. The purpose of the Division shall be to provide leadership
and focus to those grants of the Department of Justice that are
made for the purpose of using or improving law enforcement computer systems.
‘‘(b) DUTIES.—In carrying out the purpose of the Division, the
head of the Division shall—
‘‘(1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under
such grants; and
‘‘(2) ensure that recipients of such grants use such systems
to participate in crime reporting programs administered by
the Department, such as Uniform Crime Reports or the
National Incident-Based Reporting System.’’.
(b) EFFECTIVE DATE.—This section and the amendment made
by this section take effect 90 days after the date of the enactment
of this Act.

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42 USC 3712f.

42 USC 3712f
note.

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PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.

(a) IN GENERAL.—Part A of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding after section
107, as added by section 250 of this Act, the following new section:
42 USC 3712g.

42 USC 3712g
note.
42 USC 3715a.

‘‘SEC. 108. AVAILABILITY OF FUNDS.

‘‘(a) PERIOD FOR AWARDING GRANT FUNDS.—
‘‘(1) IN GENERAL.—Unless otherwise specifically provided
in an authorization, DOJ grant funds for a fiscal year shall
remain available to be awarded and distributed to a grantee
only in that fiscal year and the three succeeding fiscal years,
subject to paragraphs (2) and (3). DOJ grant funds not so
awarded and distributed shall revert to the Treasury.
‘‘(2) TREATMENT OF REPROGRAMMED FUNDS.—DOJ grant
funds for a fiscal year that are reprogrammed in a later fiscal
year shall be treated for purposes of paragraph (1) as DOJ
grant funds for such later fiscal year.
‘‘(3) TREATMENT OF DEOBLIGATED FUNDS.—If DOJ grant
funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1)
shall be extended by a number of days equal to the number
of days from the date on which those grant funds were obligated
to the date on which those grant funds were deobligated.
‘‘(b) PERIOD FOR EXPENDING GRANT FUNDS.—DOJ grant funds
for a fiscal year that have been awarded and distributed to a
grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so
expended shall revert to the Treasury.
‘‘(c) DEFINITION.—In this section, the term ‘DOJ grant funds’
means, for a fiscal year, amounts appropriated for activities of
the Department of Justice in carrying out grant programs for that
fiscal year.
‘‘(d) APPLICABILITY.—This section applies to DOJ grant funds
for fiscal years beginning with fiscal year 2006.’’.
(b) EFFECTIVE DATE.—This section and the amendment made
by this section take effect 90 days after the date of the enactment
of this Act.
SEC. 1162. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS
OF OFFICE OF JUSTICE PROGRAMS.

(a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND PROCUREACTIVITIES.—The Assistant Attorney General of the Office
of Justice Programs, in coordination with the Chief Information
Officer and Chief Financial Officer of the Department of Justice,
shall ensure that—
(1) all accounting activities for all elements of the Office
of Justice Programs are carried out under the direct management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the Office
are carried out under the direct management of the Office
of Administration.
(b) FURTHER CONSOLIDATION OF PROCUREMENT ACTIVITIES.—
The Assistant Attorney General, in coordination with the Chief
Information Officer and Chief Financial Officer of the Department
of Justice, shall ensure that, on and after September 30, 2008—
(1) all procurement activities for all elements of the Office
are carried out through a single management office; and
MENT

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(2) all contracts and purchase orders used in carrying out
those activities are processed through a single procurement
system.
(c) CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS.—The
Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial
management activities (including human resources, payroll, and
accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial
management system.
(d) ACHIEVING COMPLIANCE.—
(1) SCHEDULE.—The Assistant Attorney General shall
undertake a scheduled consolidation of operations to achieve
compliance with the requirements of this section.
(2) SPECIFIC REQUIREMENTS.—With respect to achieving
compliance with the requirements of—
(A) subsection (a), the consolidation of operations shall
be initiated not later than 90 days after the date of the
enactment of this Act; and
(B) subsections (b) and (c), the consolidation of operations shall be initiated not later than September 30, 2006,
and shall be carried out by the Office of Administration,
in consultation with the Chief Information Officer and the
Office of Audit, Assessment, and Management.

Effective date.

Deadlines.

SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO
SINGLE GRANT PROGRAM.

(a) IN GENERAL.—Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is
amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall carry
out a single grant program under which the Attorney General
makes grants to States, units of local government, Indian tribal
governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection
(b).’’;
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection—
(A) by striking ‘‘ADDITIONAL GRANT PROJECTS.—Grants
made under subsection (a) may include programs, projects,
and other activities to—’’ and inserting ‘‘USES OF GRANT
AMOUNTS.—The purposes for which grants made under subsection (a) may be made are—’’;
(B) by redesignating paragraphs (1) through (12) as
paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (6) (as so redesignated) the following new paragraphs:
‘‘(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for deployment in community-oriented policing;
‘‘(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;

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‘‘(3) procure equipment, technology, or support systems,
or pay overtime, to increase the number of officers deployed
in community-oriented policing;
‘‘(4) award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties;’’; and
(D) by amending paragraph (9) (as so redesignated)
to read as follows:
‘‘(9) develop new technologies, including interoperable
communications technologies, modernized criminal record technology, and forensic technology, to assist State and local law
enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train
law enforcement officers to use such technologies;’’;
(4) by redesignating subsections (e) through (k) as subsections (c) through (i), respectively; and
(5) in subsection (c) (as so redesignated) by striking ‘‘subsection (i)’’ and inserting ‘‘subsection (g)’’.
(b) CONFORMING AMENDMENT.—Section 1702 of title I of such
Act (42 U.S.C. 3796dd–1) is amended in subsection (d)(2) by striking
‘‘section 1701(d)’’ and inserting ‘‘section 1701(b)’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(11) of
title I of such Act (42 U.S.C. 3793(a)(11)) is amended—
(1) in subparagraph (A) by striking ‘‘expended—’’ and all
that follows through ‘‘2000’’ and inserting ‘‘expended
$1,047,119,000 for each of fiscal years 2006 through 2009’’;
and
(2) in subparagraph (B)—
(A) by striking ‘‘section 1701(f)’’ and inserting ‘‘section
1701(d)’’; and
(B) by striking the third sentence.
SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS
UNDER PUBLIC SAFETY OFFICERS’ DEATH BENEFITS
PROGRAMS.

(a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—Section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b), as most recently amended by section 2(a) of the Mychal
Judge Police and Fire Chaplains Public Safety Officers’ Benefit
Act of 2002 (Public Law 107–196; 116 Stat. 719), is amended—
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(2) by inserting after paragraph (6) the following new paragraph:
‘‘(7) ‘member of a rescue squad or ambulance crew’ means
an officially recognized or designated public employee member
of a rescue squad or ambulance crew;’’; and
(3) in paragraph (4) by striking ‘‘and’’ and all that follows
through the end and inserting a semicolon.
(4) in paragraph (6) by striking ‘‘enforcement of the laws’’
and inserting ‘‘enforcement of the criminal laws (including juvenile delinquency).’’.
(b) CLARIFICATION OF LIMITATION ON PAYMENTS IN NONCIVILIAN CASES.—Section 1202(5) of such Act (42 U.S.C. 3796a(5))
is amended by inserting ‘‘with respect’’ before ‘‘to any individual’’.
(c) WAIVER OF COLLECTION IN CERTAIN CASES.—Section 1201
of such Act (42 U.S.C. 3796) is amended by adding at the end
the following:

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‘‘(m) The Bureau may suspend or end collection action on an
amount disbursed pursuant to a statute enacted retroactively or
otherwise disbursed in error under subsection (a) or (c), where
such collection would be impractical, or would cause undue hardship
to a debtor who acted in good faith.’’.
(d) DESIGNATION OF BENEFICIARY.—Section 1201(a)(4) of such
Act (42 U.S.C. 3796(a)(4)) is amended to read as follows:
‘‘(4) if there is no surviving spouse or surviving child—
‘‘(A) in the case of a claim made on or after the date
that is 90 days after the date of the enactment of this
subparagraph, to the individual designated by such officer
as beneficiary under this section in such officer’s most
recently executed designation of beneficiary on file at the
time of death with such officer’s public safety agency,
organization, or unit, provided that such individual survived such officer; or
‘‘(B) if there is no individual qualifying under subparagraph (A), to the individual designated by such officer
as beneficiary under such officer’s most recently executed
life insurance policy on file at the time of death with
such officer’s public safety agency, organization, or unit,
provided that such individual survived such officer; or’’.
(e) CONFIDENTIALITY.—Section 1201(1)(a) of such Act (42 U.S.C.
3796(a)) is amended by adding at the end the following:
‘‘(6) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or recently executed life insurance policy pursuant to
paragraph (4) shall maintain the confidentiality of such designation or policy in the same manner as it maintains personnel
or other similar records of the officer.’’.
SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.

Section 1801(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee(b)) is amended—
(1) in paragraph (15) by striking ‘‘or’’ at the end;
(2) in paragraph (16) by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(17) establishing, improving, and coordinating pre-release
and post-release systems and programs to facilitate the successful reentry of juvenile offenders from State or local custody
in the community.’’.
SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK
GRANTS.

42 USC
3796ee–10.

Section 1810(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg–10(a)) is amended by striking ‘‘2002
through 2005’’ and inserting ‘‘2006 through 2009’’.
SEC. 1167. SEX OFFENDER MANAGEMENT.

Section 40152 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and inserting the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2006 through 2010.’’.

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119 STAT. 3122
42 USC
3796ee–2.

PUBLIC LAW 109–162—JAN. 5, 2006

SEC. 1168. EVIDENCE-BASED APPROACHES.

Section 1802 of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended—
(1) in subsection (a)(1)(B) by inserting ‘‘, including the
extent to which evidence-based approaches are utilized’’ after
‘‘part’’; and
(2) in subsection (b)(1)(A)(ii) by inserting ‘‘, including the
extent to which evidence-based approaches are utilized’’ after
‘‘part’’.
SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR
SCHOOL SECURITY.

(a) IN GENERAL.—Section 2705 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended by
striking ‘‘2003’’ and inserting ‘‘2009’’.
(b) PROGRAM TO REMAIN UNDER COPS OFFICE.—Section 2701
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797a) is amended in subsection (a) by inserting after ‘‘The
Attorney General’’ the following: ‘‘, acting through the Office of
Community Oriented Policing Services,’’.
SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S LAW.

Section 2001 of division C, Public Law 106–386 (42 U.S.C.
13713), is amended—
(1) in each of subsections (b), (c)(1), (c)(2), (c)(3), (e)(1),
and (g) by striking the first upper-case letter after the heading
and inserting a lower case letter of such letter and the following:
‘‘Pursuant to regulations promulgated by the Attorney General
hereunder,’’;
(2) in subsection (c), paragraphs (1) and (2), respectively,
by—
(A) striking ‘‘a State’’, the first place it appears, and
inserting ‘‘a criminal-records-reporting State’’; and
(B) striking ‘‘(3),’’ and all that follows through ‘‘subsequent offense’’ and inserting ‘‘(3), it may, under subsection
(d), apply to the Attorney General for $10,000, for its
related apprehension and prosecution costs, and $22,500
per year (up to a maximum of 5 years), for its related
incarceration costs with both amounts for costs adjusted
annually for the rate of inflation’’;
(3) in subsection (c)(3), by—
(A) striking ‘‘if—’’ and inserting ‘‘unless—’’;
(B) striking—
(i) ‘‘average’’;
(ii) ‘‘individuals convicted of the offense for which,’’;
and
(iii) ‘‘convicted by the State is’’; and
(C) inserting ‘‘not’’ before ‘‘less’’ each place it appears.
(4) in subsections (d) and (e), respectively, by striking
‘‘transferred’’;
(5) in subsection (e)(1), by—
(A) inserting ‘‘pursuant to section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968’’ before ‘‘that’’;
and
(B) striking the last sentence and inserting ‘‘No amount
described under this section shall be subject to section
3335(b) or 6503(d) of title 31, United States Code’’.;

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119 STAT. 3123

(6) in subsection (i)(1), by striking ‘‘State-’’ and inserting
‘‘State (where practicable)-’’; and
(7) by striking subsection (i)(2) and inserting:
‘‘(2) REPORT.—The Attorney General shall submit to
Congress—
‘‘(A) a report, by not later than 6 months after the
date of enactment of this Act, that provides national estimates of the nature and extent of recidivism (with an
emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;
‘‘(B) a report, by not later than October 1, 2007, and
October 1 of each year thereafter, that provides statistical
analysis and criminal history profiles of interstate recidivists identified in any State applications under this section;
and
‘‘(C) reports, at regular intervals not to exceed every
five years, that include the information described in paragraph (1).’’.

Subtitle C—MISCELLANEOUS
PROVISIONS
SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107–
56.

(a) STRIKING SURPLUS WORDS.—
(1) Section 2703(c)(1) of title 18, United States Code, is
amended by striking ‘‘or’’ at the end of subparagraph (C).
(2) Section 1960(b)(1)(C) of title 18, United States Code,
is amended by striking ‘‘to be used to be used’’ and inserting
‘‘to be used’’.
(b) PUNCTUATION AND GRAMMAR CORRECTIONS.—Section
2516(1)(q) of title 18, United States Code, is amended—
(1) by striking the semicolon after the first close parenthesis; and
(2) by striking ‘‘sections’’ and inserting ‘‘section’’.
(c) CROSS REFERENCE CORRECTION.—Section 322 of Public Law
107–56 is amended, effective on the date of the enactment of that
section, by striking ‘‘title 18’’ and inserting ‘‘title 28’’.

28 USC 2466 and
note.

SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.

(a) TABLE OF SECTIONS OMISSION.—The table of sections at
the beginning of chapter 203 of title 18, United States Code, is
amended by inserting after the item relating to section 3050 the
following new item:
‘‘3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.

(b) REPEAL OF DUPLICATIVE PROGRAM.—Section 316 of Part
A of the Runaway and Homeless Youth Act (42 U.S.C. 5712d),
as added by section 40155 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1922),
is repealed.
(c) REPEAL OF PROVISION RELATING TO UNAUTHORIZED PROGRAM.—Section 20301 of Public Law 103–322 is amended by
striking subsection (c).

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28 USC 530c
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SEC. 1173. USE OF FEDERAL TRAINING FACILITIES.

(a) FEDERAL TRAINING FACILITIES.—Unless authorized in
writing by the Attorney General, or the Assistant Attorney General
for Administration, if so delegated by the Attorney General, the
Department of Justice (and each entity within it) shall use for
any predominantly internal training or conference meeting only
a facility that does not require a payment to a private entity
for use of the facility.
(b) ANNUAL REPORT.—The Attorney General shall prepare an
annual report to the Chairmen and ranking minority members
of the Committees on the Judiciary of the Senate and of the House
of Representatives that details each training and conference meeting
that requires specific authorization under subsection (a). The report
shall include an explanation of why the facility was chosen, and
a breakdown of any expenditures incurred in excess of the cost
of conducting the training or meeting at a facility that did not
require such authorization.

28 USC 509.

SEC. 1174. PRIVACY OFFICER.

Designation.

(a) IN GENERAL.—The Attorney General shall designate a senior
official in the Department of Justice to assume primary responsibility for privacy policy.
(b) RESPONSIBILITIES.—The responsibilities of such official shall
include advising the Attorney General regarding—
(1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information, with respect to the Department’s existing
or proposed information technology and information systems;
(2) privacy implications of legislative and regulatory proposals affecting the Department and involving the collection,
storage, use, disclosure, and security of personally identifiable
information;
(3) implementation of policies and procedures, including
appropriate training and auditing, to ensure the Department’s
compliance with privacy-related laws and policies, including
section 552a of title 5, United States Code, and Section 208
of the E-Government Act of 2002 (Public Law 107–347);
(4) ensuring that adequate resources and staff are devoted
to meeting the Department’s privacy-related functions and
obligations;
(5) appropriate notifications regarding the Department’s
privacy policies and privacy-related inquiry and complaint
procedures; and
(6) privacy-related reports from the Department to Congress and the President.
(c) REVIEW OF PRIVACY RELATED FUNCTIONS, RESOURCES, AND
REPORT.—Within 120 days of his designation, the privacy official
shall prepare a comprehensive report to the Attorney General and
to the Committees on the Judiciary of the House of Representatives
and of the Senate, describing the organization and resources of
the Department with respect to privacy and related information
management functions, including access, security, and records
management, assessing the Department’s current and future needs
relating to information privacy issues, and making appropriate
recommendations regarding the Department’s organizational structure and personnel.

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(d) ANNUAL REPORT.—The privacy official shall submit a report
to the Committees on the Judiciary of the House of Representatives
and of the Senate on an annual basis on activities of the Department
that affect privacy, including a summary of complaints of privacy
violations, implementation of section 552a of title 5, United States
Code, internal controls, and other relevant matters.
SEC. 1175. BANKRUPTCY CRIMES.

The Director of the Executive Office for United States Trustees
shall prepare an annual report to the Congress detailing—
(1) the number and types of criminal referrals made by
the United States Trustee Program;
(2) the outcomes of each criminal referral;
(3) for any year in which the number of criminal referrals
is less than for the prior year, an explanation of the decrease;
and
(4) the United States Trustee Program’s efforts to prevent
bankruptcy fraud and abuse, particularly with respect to the
establishment of uniform internal controls to detect common,
higher risk frauds, such as a debtor’s failure to disclose all
assets.
SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR RESIDENTS DETAINED ON SUSPICION OF TERRORISM.

Reports.
28 USC 581 note.

28 USC 509 note.

Not less often than once every 12 months, the Attorney General
shall submit to Congress a report on the status of United States
persons or residents detained, as of the date of the report, on
suspicion of terrorism. The report shall—
(1) specify the number of persons or residents so detained;
and
(2) specify the standards developed by the Department
of Justice for recommending or determining that a person
should be tried as a criminal defendant or should be designated
as an enemy combatant.
SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR
SEXUAL ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

(a) EXPANDED JURISDICTION.—The following provisions of title
18, United States Code, are each amended by inserting ‘‘or in
any prison, institution, or facility in which persons are held in
custody by direction of or pursuant to a contract or agreement
with the Attorney General’’ after ‘‘in a Federal prison,’’:
(1) Subsections (a) and (b) of section 2241.
(2) The first sentence of subsection (c) of section 2241.
(3) Section 2242.
(4) Subsections (a) and (b) of section 2243.
(5) Subsections (a) and (b) of section 2244.
(b) INCREASED PENALTIES.—
(1) SEXUAL ABUSE OF A WARD.—Section 2243(b) of such
title is amended by striking ‘‘one year’’ and inserting ‘‘five
years’’.
(2) ABUSIVE SEXUAL CONTACT.—Section 2244 of such title
is amended by striking ‘‘six months’’ and inserting ‘‘two years’’
in each of subsections (a)(4) and (b).

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SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES
IN CORRECTIONAL FACILITIES.

Section 1791(d)(4) of title 18, United States Code, is amended
by inserting ‘‘or any prison, institution, or facility in which persons
are held in custody by direction of or pursuant to a contract or
agreement with the Attorney General’’ after ‘‘penal facility’’.
SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE PRELIMINARY HEARING.

The second sentence of section 3060(c) of title 18, United States
Code, is amended to read as follows: ‘‘In the absence of such consent
of the accused, the judge or magistrate judge may extend the
time limits only on a showing that extraordinary circumstances
exist and justice requires the delay.’’.
SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.

Section 102(41)(A) of the Controlled Substances Act (21 U.S.C.
802(41)(A)), as amended by the Anabolic Steroid Control Act of
2004 (Public law 108–358), is amended by—
(1) striking clause (xvii) and inserting the following:
‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’; and
(2) striking clause (xliv) and inserting the following:
‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2eno[3,2-c]-pyrazole);’’.
SEC. 1181. PRISON RAPE COMMISSION EXTENSION.

Section 7 of the Prison Rape Elimination Act of 2003 (42
U.S.C. 15606) is amended in subsection (d)(3)(A) by striking ‘‘2
years’’ and inserting ‘‘3 years’’.
SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED OFFENSES.

(a) IN GENERAL.—Chapter 213 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3298. Trafficking-related offenses
‘‘No person shall be prosecuted, tried, or punished for any
non-capital offense or conspiracy to commit a non-capital offense
under section 1581 (Peonage; Obstructing Enforcement), 1583
(Enticement into Slavery), 1584 (Sale into Involuntary Servitude),
1589 (Forced Labor), 1590 (Trafficking with Respect to Peonage,
Slavery, Involuntary Servitude, or Forced Labor), or 1592 (Unlawful
Conduct with Respect to Documents in furtherance of Trafficking,
Peonage, Slavery, Involuntary Servitude, or Forced Labor) of this
title or under section 274(a) of the Immigration and Nationality
Act unless the indictment is found or the information is instituted
not later than 10 years after the commission of the offense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘3298. Trafficking-related offenses’’.

(c) MODIFICATION OF STATUTE APPLICABLE TO OFFENSE AGAINST
CHILDREN.—Section 3283 of title 18, United States Code, is
amended by inserting ‘‘, or for ten years after the offense, whichever
is longer’’ after ‘‘of the child’’.

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SEC. 1183. USE OF CENTER FOR CRIMINAL JUSTICE TECHNOLOGY.

(a) IN GENERAL.—The Attorney General may use the services
of the Center for Criminal Justice Technology, a nonprofit ‘‘center
of excellence’’ that provides technology assistance and expertise
to the criminal justice community.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Attorney General to carry out this section
the following amounts, to remain available until expended:
(1) $7,500,000 for fiscal year 2006.
(2) $7,500,000 for fiscal year 2007.
(3) $10,000,000 for fiscal year 2008.
SEC. 1184. SEARCH GRANTS.

(a) IN GENERAL.—Pursuant to subpart 1 of part E of title
I of the Omnibus Crime Control and Safe Streets Act of 1968,
the Attorney General may make grants to SEARCH, the National
Consortium for Justice Information and Statistics, to carry out
the operations of the National Technical Assistance and Training
Program.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Attorney General to carry out this section
$4,000,000 for each of fiscal years 2006 through 2009.
SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.

Section 11001 of Public Law 107–273 (42 U.S.C. 15208; 116
Stat. 1816) is amended in subsection (i) by striking ‘‘2006’’ and
inserting ‘‘2009’’.
SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.

Paragraph (13) of section 1801(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)) is amended
to read as follows:
‘‘(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety, which
programs may include research-based bullying, cyberbullying,
and gang prevention programs;’’.
SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

(a) ORGANIZATIONAL PROVISION.—Part II of title 28, United
States Code, is amended by adding at the end the following new
chapter:
‘‘CHAPTER 40A—BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES
‘‘Sec.
‘‘599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives
‘‘599B. Personnel management demonstration project’’.

(b) TRANSFER OF PROVISIONS.—The section heading for, and
subsections (a), (b), (c)(1), and (c)(3) of, section 1111, and section
1115, of the Homeland Security Act of 2002 (6 U.S.C. 531(a), (b),
(c)(1), and (c)(3), and 533) are hereby transferred to, and added
at the end of chapter 40A of such title, as added by subsection
(a) of this section.
(c) CONFORMING AMENDMENTS.—
(1) Such section 1111 is amended—

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28 USC 599A,
599B.

28 USC 599A.

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PUBLIC LAW 109–162—JAN. 5, 2006
(A) by striking the section heading and inserting the
following:

28 USC 599B.

‘‘§ 599A. Bureau of alcohol, tobacco, firearms, and Explosives’’;
and
(B) in subsection (b)(2), by inserting ‘‘of section 1111
of the Homeland Security Act of 2002 (as enacted on the
date of the enactment of such Act)’’ after ‘‘subsection (c)’’,
and such section heading and such subsections (as so amended)
shall constitute section 599A of such title.
(2) Such section 1115 is amended by striking the section
heading and inserting the following:
‘‘§ 599B. Personnel Management demonstration project’’;
and such section (as so amended) shall constitute section 599B
of such title.
(d) CLERICAL AMENDMENT.—The chapter analysis for such part
is amended by adding at the end the following new item:
‘‘40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives 2599A’’.
SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND
TRAINING PROJECTS PROGRAM.

Section 32401(b) of the Violent Crime Control Act of 1994
(42 U.S.C. 13921(b)) is amended by striking paragraphs (1) through
(6) and inserting the following:
‘‘(1) $20,000,000 for fiscal year 2006;
‘‘(2) $20,000,000 for fiscal year 2007;
‘‘(3) $20,000,000 for fiscal year 2008;
‘‘(4) $20,000,000 for fiscal year 2009; and
‘‘(5) $20,000,000 for fiscal year 2010.’’.
SEC. 1189. NATIONAL TRAINING CENTER.

(a) IN GENERAL.—The Attorney General may use the services
of the National Training Center in Sioux City, Iowa, to utilize
a national approach to bring communities and criminal justice
agencies together to receive training to control the growing national
problem of methamphetamine, poly drugs and their associated
crimes. The National Training Center in Sioux City, Iowa, seeks
a comprehensive approach to control and reduce methamphetamine
trafficking, production and usage through training.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Attorney General to carry out this section
the following amounts, to remain available until expended:
(1) $2,500,000 for fiscal year 2006.
(2) $3,000,000 for fiscal year 2007.
(3) $3,000,000 for fiscal year 2008.
(4) $3,000,000 for fiscal year 2009.
SEC. 1190. SENSE OF CONGRESS RELATING TO ‘‘GOOD TIME’’ RELEASE.

It is the sense of Congress that it is important to study the
concept of implementing a ‘‘good time’’ release program for nonviolent criminals in the Federal prison system.
SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.

(a) IN GENERAL.—Section 716 of title 18, United States Code,
is amended—

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(1) by striking ‘‘police badge’’ each place it appears in
subsections (a) and (b) and inserting ‘‘official insignia or uniform’’;
(2) in each of paragraphs (2) and (4) of subsection (a),
by striking ‘‘badge of the police’’ and inserting ‘‘official insignia
or uniform’’;
(3) in subsection (b)—
(A) by striking ‘‘the badge’’ and inserting ‘‘the insignia
or uniform’’;
(B) by inserting ‘‘is other than a counterfeit insignia
or uniform and’’ before ‘‘is used or is intended to be used’’;
and
(C) by inserting ‘‘is not used to mislead or deceive,
or’’ before ‘‘is used or intended’’;
(4) in subsection (c)—
(A) by striking ‘‘and’’ at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ‘‘; and’’;
(C) by adding at the end the following:
‘‘(3) the term ‘official insignia or uniform’ means an article
of distinctive clothing or insignia, including a badge, emblem
or identification card, that is an indicium of the authority
of a public employee;
‘‘(4) the term ‘public employee’ means any officer or
employee of the Federal Government or of a State or local
government; and
‘‘(5) the term ‘uniform’ means distinctive clothing or other
items of dress, whether real or counterfeit, worn during the
performance of official duties and which identifies the wearer
as a public agency employee.’’; and
(5) by adding at the end the following:
‘‘(d) It is a defense to a prosecution under this section that
the official insignia or uniform is not used or intended to be used
to mislead or deceive, or is a counterfeit insignia or uniform and
is used or is intended to be used exclusively—
‘‘(1) for a dramatic presentation, such as a theatrical, film,
or television production; or
‘‘(2) for legitimate law enforcement purposes.’’; and
(6) in the heading for the section, by striking ‘‘POLICE
BADGES’’ and inserting ‘‘PUBLIC EMPLOYEE INSIGNIA AND UNIFORM’’.
(b) CONFORMING AMENDMENT TO TABLE OF SECTIONS.—The
item in the table of sections at the beginning of chapter 33 of
title 18, United States Code, relating to section 716 is amended
by striking ‘‘Police badges’’ and inserting ‘‘Public employee insignia
and uniform’’.
(c) DIRECTION TO SENTENCING COMMISSION.—The United States
Sentencing Commission is directed to make appropriate amendments to sentencing guidelines, policy statements, and official commentary to assure that the sentence imposed on a defendant who
is convicted of a Federal offense while wearing or displaying insignia
and uniform received in violation of section 716 of title 18, United
States Code, reflects the gravity of this aggravating factor.

28 USC 994 note.

SEC. 1192. OFFICIALLY APPROVED POSTAGE.

Section 475 of title 18, United States Code, is amended by
adding at the end the following: ‘‘Nothing in this section applies

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

SEC. 1193. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

In addition to any other amounts authorized by law, there
are authorized to be appropriated for grants to the American
Prosecutors Research Institute under section 214A of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13003) $7,500,000 for each
of fiscal years 2006 through 2010.
Hurricanes
Katrina and Rita.

SEC. 1194. ASSISTANCE TO COURTS.

The chief judge of each United States district court is encouraged to cooperate with requests from State and local authorities
whose operations have been significantly disrupted as a result
of Hurricane Katrina or Hurricane Rita to provide accommodations
in Federal facilities for State and local courts to conduct their
proceedings.
SEC. 1195. STUDY AND REPORT ON CORRELATION BETWEEN SUBSTANCE ABUSE AND DOMESTIC VIOLENCE AT DOMESTIC
VIOLENCE SHELTERS.

The Secretary of Health and Human Services shall carry out
a study on the correlation between a perpetrator’s drug and alcohol
abuse and the reported incidence of domestic violence at domestic
violence shelters. The study shall cover fiscal years 2006 through
2008. Not later than February 2009, the Secretary shall submit
to Congress a report on the results of the study.
SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 241(i)(5) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is
amended by striking ‘‘appropriated’’ and all that follows through
the period and inserting the following: ‘‘appropriated to carry out
this subsection—
‘‘(A) $750,000,000 for fiscal year 2006;
‘‘(B) $850,000,000 for fiscal year 2007; and
‘‘(C) $950,000,000 for each of the fiscal years 2008
through 2011.’’.
(b) LIMITATION ON USE OF FUNDS.—Section 241(i)(6) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended
to read as follows:
‘‘(6) Amounts appropriated pursuant to the authorization
of appropriations in paragraph (5) that are distributed to a
State or political subdivision of a State, including a municipality, may be used only for correctional purposes.’’.
(c) STUDY AND REPORT ON STATE AND LOCAL ASSISTANCE IN
INCARCERATING UNDOCUMENTED CRIMINAL ALIENS.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Inspector General of the
United States Department of Justice shall perform a study,
and report to the Committee on the Judiciary of the United
States House of Representatives and the Committee on the
Judiciary of the United States Senate on the following:
(A) Whether there are States, or political subdivisions
of a State, that have received compensation under section
241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) and are not fully cooperating in the Department

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of Homeland Security’s efforts to remove from the United
States undocumented criminal aliens (as defined in paragraph (3) of such section).
(B) Whether there are States, or political subdivisions
of a State, that have received compensation under section
241(i) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) and that have in effect a policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373).
(C) The number of criminal offenses that have been
committed by aliens unlawfully present in the United
States after having been apprehended by States or local
law enforcement officials for a criminal offense and subsequently being released without being referred to the
Department of Homeland Security for removal from the
United States.
(D) The number of aliens described in subparagraph
(C) who were released because the State or political subdivision lacked space or funds for detention of the alien.
(2) IDENTIFICATION.—In the report submitted under paragraph (1), the Inspector General of the United States Department of Justice—
(A) shall include a list identifying each State or political
subdivision of a State that is determined to be described
in subparagraph (A) or (B) of paragraph (1); and
(B) shall include a copy of any written policy determined to be described in subparagraph (B).
SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.

Section 108 of the PROTECT Act (42 U.S.C. 5119a note) is
amended—
(1) in subsection (a)—
(A) in paragraph (2)(B), by striking ‘‘A volunteer
organization in a participating State may not submit background check requests under paragraph (3).’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘a 30-month’’
and inserting ‘‘a 60-month’’;
(ii) in subparagraph (A), by striking ‘‘100,000’’ and
inserting ‘‘200,000’’; and
(iii) by striking subparagraph (B) and inserting
the following:
‘‘(B) PARTICIPATING ORGANIZATIONS.—
‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible organizations include—
‘‘(I) the Boys and Girls Clubs of America;
‘‘(II) the MENTOR/National Mentoring Partnership;
‘‘(III) the National Council of Youth Sports;
and
‘‘(IV) any nonprofit organization that provides
care, as that term is defined in section 5 of the
National Child Protection Act of 1993 (42 U.S.C.
5119c), for children.
‘‘(ii) PILOT PROGRAM.—The eligibility of an
organization described in clause (i)(IV) to participate
in the pilot program established under this section

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shall be determined by the National Center for Missing
and Exploited Children, with the rejection or concurrence within 30 days of the Attorney General, according
to criteria established by such Center, including the
potential number of applicants and suitability of the
organization to the intent of this section. If the
Attorney General fails to reject or concur within 30
days, the determination of the National Center for
Missing and Exploited Children shall be conclusive.’’;
(iv) by striking subparagraph (C) and inserting
the following:
‘‘(C) APPLICANTS FROM PARTICIPATING ORGANIZATIONS.—Participating organizations may request background checks on applicants for positions as volunteers
and employees who will be working with children or supervising volunteers.’’;
(v) in subparagraph (D), by striking ‘‘the organizations described in subparagraph (C)’’ and inserting
‘‘participating organizations’’; and
(vi) in subparagraph (F), by striking ‘‘14 business
days’’ and inserting ‘‘10 business days’’;
(2) in subsection (c)(1), by striking ‘‘and 2005’’ and inserting
‘‘through 2008’’; and
(3) in subsection (d)(1), by adding at the end the following:
‘‘(O) The extent of participation by eligible organizations in the state pilot program.’’.

SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL SESSIONS OF DISTRICT COURTS.

(a) TRANSPORTATION AND SUBSISTENCE.—Section 141(b) of title
28, United States Code, as added by section 2(b) of Public Law
109–63, is amended by adding at the end the following:
‘‘(5) If a district court issues an order exercising its authority
under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in
sections 4282 and 4285 of title 18.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (5) of section 141(b) of title 28, United States Code,
as added by subsection (a) of this section.
42 USC 13751
note.
Grants.

SEC. 1199. YOUTH VIOLENCE REDUCTION DEMONSTRATION PROJECTS.

(a) ESTABLISHMENT OF YOUTH VIOLENCE REDUCTION DEMONSTRATION PROJECTS.—
(1) IN GENERAL.—The Attorney General shall make up
to 5 grants for the purpose of carrying out Youth Violence
Demonstration Projects to reduce juvenile and young adult
violence, homicides, and recidivism among high-risk populations.
(2) ELIGIBLE ENTITIES.—An entity is eligible for a grant
under paragraph (1) if it is a unit of local government or
a combination of local governments established by agreement
for purposes of undertaking a demonstration project.
(b) SELECTION OF GRANT RECIPIENTS.—
(1) AWARDS.—The Attorney General shall award grants
for Youth Violence Reduction Demonstration Projects on a
competitive basis.

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(2) AMOUNT OF AWARDS.—No single grant award made
under subsection (a) shall exceed $15,000,000 per fiscal year.
(3) APPLICATION.—An application for a grant under paragraph (1) shall be submitted to the Attorney General in such
a form, and containing such information and assurances, as
the Attorney General may require, and at a minimum shall
propose—
(A) a program strategy targeting areas with the highest
incidence of youth violence and homicides;
(B) outcome measures and specific objective indicia
of performance to assess the effectiveness of the program;
and
(C) a plan for evaluation by an independent third party.
(4) DISTRIBUTION.—In making grants under this section,
the Attorney General shall ensure the following:
(A) No less than 1 recipient is a city with a population
exceeding 1,000,000 and an increase of at least 30 percent
in the aggregated juvenile and young adult homicide victimization rate during calendar year 2005 as compared to
calendar year 2004.
(B) No less than one recipient is a nonmetropolitan
county or group of counties with per capita arrest rates
of juveniles and young adults for serious violent offenses
that exceed the national average for nonmetropolitan counties by at least 5 percent.
(5) CRITERIA.—In making grants under this section, the
Attorney General shall give preference to entities operating
programs that meet the following criteria:
(A) A program focusing on—
(i) reducing youth violence and homicides, with
an emphasis on juvenile and young adult probationers
and other juveniles and young adults who have had
or are likely to have contact with the juvenile justice
system;
(ii) fostering positive relationships between program participants and supportive adults in the community; and
(iii) accessing comprehensive supports for program
participants through coordinated community referral
networks, including job opportunities, educational programs, counseling services, substance abuse programs,
recreational opportunities, and other services.
(B) A program goal of almost daily contacts with and
supervision of participating juveniles and young adults
through small caseloads and a coordinated team approach
among case managers drawn from the community, probation officers, and police officers.
(C) The use of existing structures, local government
agencies, and nonprofit organizations to operate the program.
(D) Inclusion in program staff of individuals who live
or have lived in the community in which the program
operates; have personal experiences or cultural competency
that build credibility in relationships with program participants; and will serve as a case manager, intermediary,
and mentor.

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(E) Fieldwork and neighborhood outreach in communities where the young violent offenders live, including
support of the program from local public and private
organizations and community members.
(F) Imposition of graduated probation sanctions to
deter violent and criminal behavior.
(G) A record of program operation and effectiveness
evaluation over a period of at least five years prior to
the date of enactment of this Act.
(H) A program structure that can serve as a model
for other communities in addressing the problem of youth
violence and juvenile and young adult recidivism.
(c) AUTHORIZED ACTIVITIES.—Amounts paid to an eligible entity
under a grant award may be used for the following activities:
(1) Designing and enhancing program activities.
(2) Employing and training personnel.
(3) Purchasing or leasing equipment.
(4) Providing services and training to program participants
and their families.
(5) Supporting related law enforcement and probation
activities, including personnel costs.
(6) Establishing and maintaining a system of program
records.
(7) Acquiring, constructing, expanding, renovating, or operating facilities to support the program.
(8) Evaluating program effectiveness.
(9) Undertaking other activities determined by the Attorney
General as consistent with the purposes and requirements of
the demonstration program.
(d) EVALUATION AND REPORTS.—
(1) INDEPENDENT EVALUATION.—The Attorney General may
use up to $500,000 of funds appropriated annually under this
such section to—
(A) prepare and implement a design for interim and
overall evaluations of performance and progress of the
funded demonstration projects;
(B) provide training and technical assistance to grant
recipients; and
(C) disseminate broadly the information generated and
lessons learned from the operation of the demonstration
projects.
(2) REPORTS TO CONGRESS.—Not later than 120 days after
the last day of each fiscal year for which 1 or more demonstration grants are awarded, the Attorney General shall submit
to Congress a report which shall include—
(A) a summary of the activities carried out with such
grants;
(B) an assessment by the Attorney General of the
program carried out; and
(C) such other information as the Attorney General
considers appropriate.
(e) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of a grant awarded
under this Act shall not exceed 90 percent of the total program
costs.
(2) NON-FEDERAL SHARE.—The non-Federal share of such
cost may be provided in cash or in-kind.

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(f) DEFINITIONS.—In this section:
(1) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local
government’’ means a county, township, city, or political subdivision of a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for
general statistical purposes.
(2) JUVENILE.—The term ‘‘juvenile’’ means an individual
who is 17 years of age or younger.
(3) YOUNG ADULT.—The term ‘‘young adult’’ means an individual who is 18 through 24 years of age.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $50,000,000 for fiscal
year 2007 and such sums as may be necessary for each of fiscal
years 2008 through 2009, to remain available until expended.
Approved January 5, 2006.

LEGISLATIVE HISTORY—H.R. 3402:
HOUSE REPORTS: No. 109–233 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed House.
Dec. 16, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment.

Æ

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