H.R.3402 - Violence Against Women and Department of Justice Reauthorization Act of 2005109th Congress (2005-2006)
|Sponsor:||Rep. Sensenbrenner, F. James, Jr. [R-WI-5] (Introduced 07/22/2005)|
|Committees:||House - Judiciary | Senate - Judiciary|
|Committee Reports:||H. Rept. 109-233|
|Latest Action:||01/05/2006 Became Public Law No: 109-162. (TXT | PDF) (All Actions)|
|Roll Call Votes:||There have been 3 roll call votes|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.3402 — 109th Congress (2005-2006)All Bill Information (Except Text)
Public Law No: 109-162 (01/05/2006)
(This measure has not been amended since it was passed by the Senate on December 16, 2005. The summary of that version is repeated here.)
Violence Against Women and Department of Justice Reauthorization Act of 2005 - (Sec. 3) Amends the Violence Against Women Act of 1994 (VAWA) to set forth revised definitions and grant conditions, including: (1) not requiring matching funds for entities demonstrating financial need; (2) requirements for the protection of the confidentiality and privacy of persons receiving services under such Act; and (3) standards for the release and sharing of confidential information by grantees and subgrantees.
Title I: Enhancing Judicial And Law Enforcement Tools To Combat Violence Against Women - (Sec. 101) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize increased appropriations for FY2007-FY2011 for grants to combat violent crimes against women (STOP grants); (2) include as grant purposes under such Act the maintenance of core victim services and criminal justice initiatives, the placement of special victim assistants in local law enforcement agencies, the development and implementation of training for local victim domestic service providers, and funding of victim services personnel positions; (3) require grant funds to be set aside to assist underserved populations; (4) increase set-aside amounts for grants to Indian tribal governments and U.S. territories and possessions; (5) allot 3 to 8% of grants for grantee training, technical assistance, and data collection; (6) authorize state or Indian tribal governments to use grant funds for forensic medical exams for victims of sexual assault; and (7) prohibit officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense.
(Sec. 102) Authorizes increased appropriations for FY2007-FY2011 for the grant program for encouraging arrests and enforcement of protection orders in domestic violence and stalking cases. Expands the scope of such grant program by including among grant purposes: (1) including dating violence, sexual assault, and stalking as serious criminal offenses; (2) expanding victim services programs; (3) developing protection order registries; (4) developing programs for HIV testing of sexual assault perpetrators and for providing prompt notice to victims of HIV test results; and (5) allocating grant funds for training and technical assistance.
(Sec. 103) Authorizes appropriations for FY2007-FY2011 for the grant program for legal assistance for victims of domestic violence, dating violence, sexual assault, and stalking. Expands: (1) the purposes for which such assistance may be provided to include civil and criminal matters; and (2) the percentage of grant funds allocated for tribal programs.
(Sec. 104) Amends the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 to provide access to legal services for certain aliens who are victims of sexual assault or trafficking in the United States or who qualify for immigration relief as crime victims or criminal informants.
(Sec. 105) Violence Against Women Act Court Training and Improvements Act of 2005 - Directs the Attorney General, through the Director of the Office on Violence Against Women, to develop a national and tribal educational curricula for training of court personnel in domestic violence, dating violence, sexual abuse, and stalking issues. Authorizes appropriations for FY2007-FY2011.
(Sec. 106) Amends the federal criminal code to: (1) extend interstate enforcement of protection orders to Indian territories; (2) prohibit a state, Indian tribe, or territory from publishing on the Internet information in a domestic violence protection order which is likely to identify a domestic violence victim; and (3) expand the definition of "protection order" to include injunctions, restraining orders, and domestic relations orders.
(Sec. 107) Authorizes the Attorney General, acting through the Director of the Office on Violence Against Women, to award grants to ensure privacy protections for victims of domestic violence, sexual violence, stalking, and dating violence. Authorizes appropriations for FY2007-FY2011.
(Sec. 108) Authorizes appropriations for FY2007-FY2011 for: (1) the training of parole and probation officers in the management and supervision of released sex offenders; (2) the grant program for stalker and domestic violence databases; and (3) victim assistants for the prosecution of sex and domestic violence crimes.
(Sec. 111) Authorizes the Attorney General to award grants to train state and local law enforcement personnel to identify and protect victims of sex trafficking. Authorizes appropriations for FY2007-FY2011.
(Sec. 112) Amends the Victims of Child Abuse Act of 1990 to extend until January 1, 2010, the date by which a court-appointed special advocate shall be available for every victim of child abuse and neglect in the United States. Authorizes background checks of program volunteers. Requires the Inspector General of the Department of Justice to report to Congress not later than December 31, 2006, on activities funded by the National Court-Appointed Special Advocate Association. Authorizes appropriations for FY2007-FY2011. Prohibits the use of funds authorized under the Victims of Child Abuse Act of 1990 for lobbying activities in contravention of OMB Circular No. A-122.
(Sec. 113) Amends the Communications Act of 1934 to apply the prohibitions against certain communications in interstate or foreign commerce to communications transmitted by the Internet (i.e., cyberstalking).
(Sec. 114) Amends the federal criminal code to revise the definition of the crime of interstate stalking to: (1) include placing someone under surveillance with the intent to kill, injure, harass, or intimidate that person; and (2) require consideration of substantial emotional harm to the stalking victim. Increases criminal penalties for stalking in violation of a temporary or permanent injunction or restraining order.
(Sec. 115) Amends the federal criminal code to double the applicable penalty for repeat domestic violence or stalking offenses.
(Sec. 116) Amends the federal criminal code to define "dating partner" for purposes of domestic violence and stalking crimes and to include a dating partner as a protected class in defining the crime of interstate domestic violence.
(Sec. 117) Applies the prohibitions against interstate domestic violence and violating protection orders to such crimes within the special maritime and territorial jurisdiction of the United States.
(Sec. 118) Amends the federal judicial code to expand the definition of "protection order" to include: (1) restraining, support, child custody, or visitation orders; and (2) orders to protect victims of dating violence, sexual assault, or stalking.
(Sec. 119) Directs the Comptroller General to study and report to Congress on: (1) the extent of domestic violence, dating violence, sexual assault, and stalking; and (2) the services available to victims.
(Sec. 120) Directs the Attorney General, acting through the Director of the Office on Violence Against Women, to award grants to carry out 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. Requires grant recipients to report to the Director on their activities every 18 months.
Authorizes appropriates for FY2007-FY2011.
(Sec. 121) Directs the Attorney General, acting through the Director of the Office on Violence Against Women, to establish a grant program to enhance 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. 202) Amends the Violence Against Women Act, under the Omnibus Crime Control and Safe Streets Act of 1968, to establish a sexual assault services program.
Directs the Attorney General to make grants to: (1) states and territories for rape crisis centers or other programs and projects to assist those victimized by sexual assault; (2) eligible entities for various community-based culturally-specific intervention and related assistance for sexual assault victims; and (3) state, territorial, and tribal sexual assault coalitions. Authorizes the Attorney General to make grants to tribal entities for sexual assault programs or projects to assist victims of sexual assault. Authorizes appropriations for FY2007-FY2011.
(Sec. 203) Amends the Safe Homes for Women Act of 1994 to revise the rural domestic violence and child abuse enforcement assistance grants program.
Allots the following minimum portions of program funds: (1) 10% (currently 5%) for grants to Indian tribes or tribal organizations; and (2) 25% for grants that meaningfully address sexual assault in rural communities, with this minimum rising to 30%, 35%, and 40% as appropriations reach specified amounts. Authorizes appropriations for FY2007-FY2011.
(Sec. 204) Amends the Violence Against Women Act of 2000 to authorize the Attorney General to award grants to eligible entities to: (1) provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault against individuals with disabilities; and (2) enhance direct services to such individuals. Authorizes appropriations for FY2007-FY2011.
(Sec. 205) Amends VAWA to authorize the Attorney General, through the Director of the Office on Violence Against Women (the Director), to award grants for training programs and services on behalf of victims of violence or abuse who are 50 years of age or older.
Allows such grants to be used for: (1) training programs to assist law enforcement, prosecutors, governmental agencies, victim assistants, and relevant court officers in addressing instances of elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual assault, or stalking against such victims; (2) providing or enhancing services for such victims; (3) creating or supporting multidisciplinary collaborative community responses; and (4) conducting cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving such victims. Authorizes appropriations for FY2007-FY2011 for such program and other programs under such Act relating to elder abuse, neglect, and exploitation, including domestic violence and sexual assault against older or disabled individuals.
(Sec. 206) Amends the Family Violence Prevention and Services Act to authorize appropriations for FY2007-FY2011 for the National Domestic Violence Hotline.
Requires the entity operating the hotline to provide technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline.
Title III: Services, Protection, and Justice for Young Victims of Violence - (Sec. 302) Amends the Public Health Service Act to authorize appropriations for FY2007-FY2011 for the program of grants to states for rape prevention and education programs. Requires a specified minimum amount of such funds to be reserved for the National Sexual Violence Resource Center. (Current law sets a maximum and lower amount on funds for the center.)
(Sec. 303) Amends VAWA to establish the following programs of grants: (1) by the Attorney General, to serve youth between the ages of 12 and 24 who are victims of domestic violence, dating violence, sexual assault, and stalking; (2) by the Attorney General, through the Director, to support collaboration and cross-training among domestic violence or dating violence victim services providers, courts, law enforcement, child welfare agencies, and other related professionals and community organizations, in developing responses and services, including community-based supports, for young victims between the ages of 12 and 24; and (3) by the Secretary of HHS, through the Family and Youth Services Bureau, to support collaboration and cross-training among those victim response and service entities to enhance community responses to families where there is both child maltreatment and domestic violence. Authorizes appropriations for FY2007-FY2011.
Supporting Teens through Education and Protection Act of 2005 - STEP Act - Authorizes the Attorney General, through the Director, to make grants to middle and high schools that work with experts to combat domestic violence, dating violence, sexual assault, and stalking, through providing school personnel training, school policies, support services for students and school personnel, developmentally appropriate educational programming, mentoring programs, and evaluations. Authorizes appropriations for FY2007-FY2011.
(Sec. 304) Authorizes the Attorney General to make grants to institutions of higher education to combat violent crimes against women on campuses. Limits maximum amounts of such grants to individual institutions of higher education or to consortia of such institutions. Directs the Attorney General to 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. Authorizes appropriations for FY2007-FY2011.
Repeals authority under the Higher Education Amendments of 1998 for a program of grants to combat violent crimes against women on campuses.
(Sec. 305) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require state plans to include 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 them.
(Sec. 306) Amends the Victims of Trafficking and Violence Protection Act of 2000 to revise requirements for the program of safe havens for children. Authorizes the Attorney General to carry out such program through the Director. Provides for protection of: (1) children from the trauma of witnessing domestic or dating violence or experiencing abduction, injury, or death during parent and child visitation exchanges, or of experiencing sexual assault or other forms of physical assault or abuse during parent and child visitation and visitation exchanges; and (2) parents or caretakers who are victims of domestic and dating violence from experiencing further violence, abuse, and threats during child visitation exchanges. Authorizes appropriations for FY2007-FY2011.
Title IV: Strengthening America's Families by Preventing Violence - (Sec. 401) Amends VAWA to authorize the Attorney General, through the Director, to make grants to eligible entities to mitigate the effects of domestic violence, dating violence, sexual assault, and stalking on children and youth exposed to such violence, and to reduce the risk of future victimization or perpetration of such violence.
Directs the Attorney General, acting through the Director, to make grants to home visitation programs to develop and implement model policies and procedures to train home visitation service providers in addressing effects of domestic violence, dating violence, sexual assault, and stalking on families.
Directs the Attorney General, through the Director, to make grants to eligible entities for 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.
Authorizes appropriations for FY2007-FY2011.
(Sec. 402) Directs the Secretary of HHS, through the National Center for Injury Prevention and Control at the CDC, to make research grants to eligible entities to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. Authorizes appropriations for FY2007-FY2011.
(Sec. 403) Directs the Attorney General, through the Office on Violence Against Women, to make grants to states for a campaign to increase public awareness of issues regarding domestic violence against pregnant women. Authorizes appropriations for FY2006-FY2010.
Title V: Strengthening the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - (Sec. 503) Amends the Public Health Service Act to require the Secretary of HHS, acting through the Director of the Health Resources and Services Administration (HRSA), to award grants to accredited schools of allopathic or osteopathic medicine to develop interdisciplinary training and education programs that provide health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual assault, stalking, and dating violence.
Requires funds under such a grant to be used to: (1) train health professions students and residents to identify and provide health care services to individuals who have experienced such violence; and (2) plan and develop culturally competent clinical components for integration into approved residency training programs that address health issues related to such violence and include the primacy of victim safety and confidentiality.
Permits funds under such a grant to be used to: (1) offer community-based training opportunities in rural areas for students and residents on violence and abuse; and (2) provide stipends to underrepresented students to promote their participation in off-site training experiences designed to develop health care clinical skills related to such violence.
Requires grantees to ensure that: (1) all educational programs address issues of confidentiality and patient safety; (2) faculty and staff are fully trained in procedures that will protect the security of the patients, patient records, and staff; and (3) rural training programs are adjusted as needed to protect the confidentiality and safety of patients in small or isolated communities.
Limits administrative expenses to no more than 10% of the amount received under a grant. Requires a grantee to contribute 25% of funds for such activities from non-federal funds.
(Sec. 504) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to eligible state, tribal, territorial, or local entities to strengthen the response of health care systems to domestic violence, dating violence, sexual assault, and stalking.
Requires grantees to use funds to design and implement comprehensive strategies to improve the health care system's response to domestic or sexual violence in health care settings.
(Sec. 505) Amends VAWA to require the Secretary, acting through the Directors of CDC and the Agency for Healthcare Research and Quality (AHRQ), to award grants and contracts to fund research on effective interventions in the health care setting that: (1) prevent domestic violence, dating violence, and sexual assault across the lifespan; (2) prevent the health effects of such violence; and (3) improve the safety and health of individuals who are currently being victimized.
Title VI: Housing Opportunities and Safety for Battered Women and Children - (Sec. 601) Amends VAWA to establish a new subtitle, Subtitle N: Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
Directs the Secretary of HHS, acting through the Administration of Children and Families, to: (1) award grants, contracts, or cooperative agreements for a period of at least two years to eligible entities to develop long-term housing 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 (but prohibits the use of funds for construction, modernization, or renovation); and (2) give priority to linguistically and culturally specific services, and to applications from entities that include a sexual assault service provider; and (3) obligate at least 15% of fiscal year appropriations to tribal organizations. Authorizes FY2007-FY2011 appropriations.
Directs the Attorney General, through the Violence Against Women Office of the Department of Justice, and the Secretary, through the Administration for Children, Youth and Families, to award competitive grants and contracts for not less than two years to eligible grantees to promote the full and equal access to, and use of, public housing by adult and youth victims of domestic violence, dating violence, sexual assault, and stalking. Obligates at least 15% of appropriations for grants to tribally designated housing entities. Sets forth certification and confidentiality provisions. Authorizes FY2007-FY2011 appropriations.
(Sec. 602) Amends VAWA respecting transitional housing assistance grants to: (1) make grants available to victims of dating violence, sexual assault, or stalking; (2) make specified organizations serving such clients eligible grantees; (3) authorize grant use to acquire land or buildings, or to rehabilitate or construct buildings; (4) extend maximum grant assistance to an individual to 24 months; (5) obligate at least 7% of fiscal year appropriations to tribal organizations serving adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their dependents; (6) give priority to projects that primarily serve racial, ethnic, or other underserved populations; and (7) increase and authorize appropriations through FY2011.
(Sec. 603) Amends the United States Housing Act of 1937 to require that public housing agency five-year plans include a statement of goals, policies, or programs for child and adult victims of domestic violence, dating violence, sexual assault, or stalking.
(Sec. 604) Amends the Cranston-Gonzalez National Affordable Housing Act to require that state and local housing strategies include housing and assistance needs for victims of domestic violence, dating violence, sexual assault, and stalking.
(Sec. 605) Amends the Stewart B. McKinney Homeless Assistance Act to direct the Secretary of Housing and Urban Development to instruct any victim service provider that is a supportive housing program recipient or subgrantee not to disclose for purposes of a homeless management information system personally identifying information about any client.
(Sec. 606) Amends the United States Housing Act of 1937, with respect to the low-income housing assistance program (Section 8), to provide eligibility, tenancy/eviction, and lease protections for victims of domestic violence, dating violence, or stalking.
States, with respect to the Section 8 voucher program, that: (1) a public housing agency may not terminate assistance to a participant because of an incident or incidents of actual or threatened domestic violence, dating violence, or stalking against such participant; (2) criminal activity directly relating to domestic violence, dating violence, or stalking shall not be considered a serious or repeated lease violation justifying termination of assistance to the victim or threatened victim; and (3) criminal activity, with exceptions, 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 such domestic violence, dating violence, or stalking.
Authorizes an owner, manager, public housing agency, or assisted housing provider to: (1) request that an individual certify (via a HUD-approved certification form) that he or she is a victim of domestic violence, dating violence, or stalking; and (2) evict an individual for failure to provide such certification. Provides for information confidentiality.
(Sec. 607) Amends the United States Housing Act of 1937 to prohibit a public housing agency from denying public housing admission to an applicant on the basis of the applicant being or having been a victim of domestic violence, dating violence, or stalking. Sets forth tenant, certification, and confidentiality provisions.
Title VII: Providing Economic Security for Victims of Violence - (Sec. 701) Amends VAWA to authorize the Attorney General, acting through the Director of the Office on Violence Against Women, to award a grant to an eligible nonprofit nongovernmental entity or tribal organization to establish and operate a national resource center on workplace responses to assist victims of domestic and sexual violence. Authorizes appropriations for FY2007-FY2011 for this title.
Title VIII: Protection of Battered and Trafficked Immigrants - Subtitle A: Victims of Crime - (Sec. 801) Amends the Immigration and Nationality Act (INA) respecting T-visa (victims of trafficking) nonimmigrant aliens to: (1) replace references to the Attorney General with references to the Secretary of Homeland Security (Secretary); (2) eliminate language requiring "extreme hardship" for the admission of specified family members accompanying or following to join such an alien; and (3) exempt an alien from the requirement to cooperate with a reasonable request to assist in a trafficking investigation if the person is unable to do so because of psychological or physical trauma.
Amends provisions respecting U-visa (victims of certain abuse from criminal activity) nonimmigrant aliens to: (1) replace references to the Attorney General with references to the Secretary; (2) make aliens who have suffered injury from such criminal activity eligible entrants; and (3) make specified family members accompanying or following to join such an alien eligible for admission on the same basis as their T-visa counterparts.
(Sec. 802) Exempts, for purposes of readmission ineligibility, the period of illegal US presence with respect to an alien who demonstrates that a severe form of trafficking was at least one central reason for the alien's unlawful US presence. Replaces specified references to the Attorney General with references to the Secretary.
(Sec. 803) Makes alien victims of trafficking eligible for status adjustment to permanent resident if such victims have continuously resided in the United States during the lesser period of: (1) three years (current law); or (2) completion of the trafficking investigation or prosecution.
(Sec. 804) Amends the Trafficking Victims Protection Act of 2000 and INA to replace specified references to the Attorney General with references to the Secretary.
(Sec. 805) Amends INA to extend aging out protection to children who are victims of domestic abuse by a permanent resident parent who have petitioned for permanent resident status prior to becoming 21 years old.
Applies specified age-related immigrant allocation children and immediate relative rules to self-petitioners and derivatives of self-petitioners.
Permits an immigrant son or daughter who qualified to file a petition for immigrant status before reaching 21 years of age but did not do so to petition for such status before reaching 25 years of age if the person can show that the abuse was at least one central reason for the filing delay.
Eliminates from the definition of "child" the two-year custody and residency requirement for adopted children who have been battered or subject to extreme cruelty.
Subtitle B: VAWA Self-Petitioners - (Sec. 811) Amends INA to define "VAWA self-petitioner" as an alien, or a child of an alien, who qualifies for relief under specified provisions of INA, the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act of 1998, the Nicaraguan Adjustment and Central American Relief Act, or the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(Sec. 812) Makes restrictions for relief under cancellation of removal and under adjustment of status to permanent resident provisions for failure to depart voluntarily from the United States inapplicable to aliens who filed petitions as VAWA self-petitioners or as battered (or subjected to extreme cruelty) spouses or children if such battering or extreme cruelty is substantially connected to the alien's overstaying of the grant of voluntary departure.
Requires that a voluntary departure order include the penalties for noncompliance.
(Sec. 813) Amends removal provisions to include within the definition of "exceptional circumstances" battery or extreme cruelty to the alien or any child or parent of the alien.
States that the Secretary, 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. Expresses the sense of Congress that the Secretaries and the Attorney General should particularly consider exercising such authority in VAWA cases involving T- or U-visa nonimmigrants, and cases involving cancellation of removal and status adjustment for battered spouses and children.
States that waiver of deportation authority for victims of domestic violence, stalking, or extreme violence may be applied in cancellation of removal proceedings.
(Sec. 814) Amends VAWA to extend deportation protections to aliens eligible for relief under the Cuban Adjustment Act and the Haitian Refugee Immigration Fairness Act of 1998. Amends INA to authorize employment for battered spouses of certain nonimmigrants.
Prohibits a VAWA self-petitioner or a T- or U-visa alien from petitioning for immigrant status or nonimmigrant admission on behalf of the person who committed the battery, extreme cruelty, or trafficking against such alien.
(Sec. 815) Amends the Nicaraguan Adjustment and Central American Relief Act to extend the application period for adjustment of status to permanent resident (through the 18-month period beginning on the date of enactment of this Act) for the spouse or child victim of extreme cruelty or battering by an alien whose status was so adjusted or was eligible for such adjustment.
(Sec. 816) Amends INA to permit self-petitions for permanent resident status by an alien who: (1) is the parent of a US citizen or was a parent of a US citizen who, within the past two years, lost or renounced citizenship status related to an incident of domestic violence or died; (2) is of good moral character; (3) is eligible for immediate relative classification; (4) resides, or has resided, with the citizen daughter or son; and (5) was battered or subject to extreme cruelty by the citizen daughter or son.
(Sec. 817) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit the Department of Justice, the Department of Homeland Security (DHS), or the Department of State from making an adverse determination of admissibility or deportability based solely on information furnished by a trafficker or perpetrator of a crime with respect to an alien applying for T-visa status, a VAWA self-petitioner, or a battered alien.
Sets forth additional exceptions to disclosure prohibitions for congressional committees and government entities adjudicating certain immigration relief.
Directs the Attorney General and the Secretary to provide disclosure-related guidance to their officers and employees.
Subtitle C: Miscellaneous Amendments - (Sec. 821) Amends INA to make T- and U-visas available for four years with an extension if a federal, state, or local law enforcement official, prosecutor, or judge investigating or prosecuting human trafficking or criminal activity certifies that the alien's presence is necessary to assist in such activity's investigation or prosecution. Authorizes a nonimmigrant classification change to T- or U-visa classification. Replaces references to the Attorney General with references to the Secretary.
(Sec. 822) Makes specified amendments to physical presence and moral character provisions.
(Sec. 823) Amends the Cuban Adjustment Act to extend for two years (after the death of the Cuban alien or termination of the marriage) the period for a battered alien spouse of such alien to petition for permanent resident status if there is demonstrated a connection between the marriage termination and the battering or extreme cruelty by the Cuban alien.
(Sec. 824) Amends the Haitian Refugee Immigration Fairness Act of 1998 to permit the alien spouse or child of a Haitian alien who is or was eligible for permanent resident status (currently, who was so adjusted) to self-petition for permanent resident status.
(Sec. 825) Exempts battered spouses and children from specified deadlines and limits on the number of motions that may be filed respecting motions to reopen removal or deportation proceedings. States that filing such motion shall stay an alien's removal under either of such proceedings pending final disposition of the motion, including appeals. Requires that such aliens be physically present in the United States when filing such additional motion.
(Sec. 826) States that a "special immigrant" juvenile 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 such status.
(Sec. 827) Directs the Secretary, in developing regulations or guidance with regard to identification documents, including driver's licenses, to 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.
(Sec. 828) Directs the Attorney General, the Secretary, and the Secretary of State to promulgate implementing regulations for this Act and the Battered Immigrant Women Protection Act of 2000.
Subtitle D: International Marriage Broker Regulation - International Marriage Broker Regulation Act of 2005 - (Sec. 832) Replaces K-visa (fiancee/fiance)-related references to the Attorney General with references to the Secretary.
Requires K-visa petitions to include information on criminal convictions of the petitioner.
Requires that a consular officer, prior to petition approval, verify that: (1) the petitioner has not previously petitioned with respect to two or more applying aliens; and (2) if the petitioner has had such a petition previously approved, two years have elapsed since such filing.
Directs the Secretary to: (1) to create a database to track multiple fiance(e) and spouse visa petitions; and (2) if a subsequent petition is filed less than ten years after the first petition, notify both the petitioner and beneficiary of any subsequent petition about the number of previously approved fiance(e) or spousal petitions listed in the database.
(Sec. 833) Directs the Secretary, in consultation with the Secretary of State, the Attorney General, and non-governmental immigrant victim advocacy organizations to develop an information pamphlet on legal rights and resources for immigrant victims of domestic violence to be disseminated to K-visa applicants.
Sets forth requirements for pamphlet contents respecting: (1) the K-visa and marriage-based immigration process; (2) illegality of domestic violence, sexual assault, and child abuse in the United States; (3) domestic violence and sexual assault services in the United States; (4) legal rights of immigrant victims of abuse and other crimes in immigration, criminal justice, family law, and other matters; (5) obligations of parents to provide child support for children; (6) marriage fraud; and (7) a warning concerning the potential use of K-visas by persons with a history of domestic violence.
Requires pamphlets to be translated into: (1) Arabic; (2) Chinese; (3) French; (4) Hindi; (5) Japanese; (6) Korean; (7) Polish; (8) Portuguese; (9) Russian; (10) Spanish; (11) Tagalog; (12) Thai; (13) Ukrainian; (14) Vietnamese; and (15) other languages as appropriate.
Requires pamphlets to be mailed to K-visa applicants, distributed directly at K-visa consular interviews, posted on DHS, Department of State, and appropriate consular websites.
Requires that such mailing include any information about criminal convictions of the citizen sponsor.
Prohibits an international marriage broker (marriage broker) from providing any person with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.
Requires a marriage broker to: (1) search the National Sex Offender Public Registry or state sex offender public registry; and (2) collect specified criminal, marital, and residency background information about the US client.
Prohibits a marriage broker from providing any US client with the personal contact information of any foreign national client until the broker has: (1) performed such Registry search and collected such background information from the US client to whom the personal contact information would be provided; (2) provided to the foreign national client in his or her primary language such information and the information pamphlet; and (3) received from the foreign national client in his or her primary language a signed, written consent to release such personal contact information to the specific US client.
Provides for: (1) information confidentiality; (2) limitation on disclosure; (3) fine and/or imprisonment for misuse of marriage broker information; and (4) federal civil and criminal penalties (in addition to other existing penalties or remedies) for marriage broker violations under this Act.
Requires a Government Accountability Office (GAO) report respecting the impact of this Act on the K-visa process.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the mail-order bride provision.
Title IX: Safety for Indian Women - (Sec. 903) Directs the Attorney General to conduct annual consultations with Indian tribal governments concerning federal administration of tribal funds and programs established under this Act, VAWA, and the Violence Against Women Act of 2000.
Requires the Secretary of HHS and the Attorney General, during such consultations, to 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) Directs the National Institute of Justice to conduct a national baseline study to examine violence against women in Indian country. Requires the study to propose recommendations to improve the effectiveness of federal, state, tribal, and local responses to specified kinds of violence against Indian women.
Directs the Attorney General to: (1) establish a task force to assist in the development and implementation of such study and guide implementation of such recommendations; and (2) report to Congress on them.
Authorizes appropriations for FY2007-FY2008.
Directs the Secretary of HHS, acting through the Indian Health Service and the CDC, to study for, obtain, and report to Congress a national projection of: (1) 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 (2) the cost of providing health care for such injuries. Authorizes appropriations for FY2007-FY2008.
(Sec. 905) Directs the Attorney General to: (1) permit Indian law enforcement agencies, in the cases of domestic violence, dating violence, sexual assault, and stalking, to enter information into federal criminal databases and to obtain information from the databases; and (2) contract with any interested Indian tribe, tribal organization, or tribal nonprofit organization to develop and maintain a national tribal sex offender registry and a tribal protection order registry containing civil and criminal orders of protection issued by Indian tribes and participating jurisdictions. Authorizes appropriations for FY2007-FY2011.
(Sec. 906) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to 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 specified kinds of violence 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 violence; (5) cooperate with the community to develop education and prevention strategies on issues of violence 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 violence committed by one parent against the other; and (7) provide transitional housing, as well as other support services, for victims.
Provides funding from various specified sources for such grants.
(Sec. 907) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish in the Office on Violence Against Women a Deputy Director for Tribal Affairs, who shall, among other things: (1) oversee and manage the administration of grants to and contracts with Indian governmental and nonprofit entities; and (2) maintain a liaison with the judicial branches of governments on matters relating to violence against women.
Requires the Deputy Director to ensure that a portion of the tribal funds set-aside from any grant made under this Act is used to: (1) enhance the capacity of Indian tribes to address the safety of Indian women; and (2) hold offenders accountable.
(Sec. 908) Amends the federal criminal code to extend the meaning of misdemeanor crime of domestic violence to include a misdemeanor under Tribal law.
Amends the Indian Law Enforcement Reform Act to authorize the Secretary of the Interior to authorize Bureau of Indian Affairs employees to make an arrest without a warrant for a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order committed in Indian country that has specified additional elements.
(Sec. 909) Imposes criminal penalties upon 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 two separate prior occasions in federal, state, or Indian tribal court proceedings for offenses that would be, if subject to federal jurisdiction, any assault, sexual abuse, or serious violent felony against a spouse or intimate partner or an offense involving domestic violence and stalking.
Title X: DNA Fingerprinting - DNA Fingerprint Act of 2005 - (Sec. 1002) Amends the DNA Identification Act of 1994 to repeal a provision prohibiting the DNA (deoxyribonucleic acid) profiles from arrestees who have not been charged with a crime from being included in the National DNA Index System.
Requires the Director of the Federal Bureau of Investigation (FBI) to promptly expunge the DNA analysis of a person from the System if the Attorney General receives a certified copy of a final court order establishing that each charge serving as the basis on which the analysis was included has been dismissed, has resulted in an acquittal, or or has not been filed within the applicable period. Requires, for expungement by a state, that the responsible state agency or official receive a certified copy of such final court order.
Repeals a provision granting authority for a one-time keyboard search of such System by any person authorized to access it.
(Sec. 1003) Permits states or local governments to use grant funds to include within such System DNA samples collected under applicable legal authority (currently, samples taken from individuals convicted of a qualifying state offense).
(Sec. 1004) Amends the DNA Analysis Background Elimination Act of 2000 to authorize the Attorney General to: (1) collect DNA samples from individuals who are arrested or from non-U.S. persons who are detained under US authority; and (2) authorize any other federal agency that arrests or detains individuals or supervises individuals facing charges to so collect DNA samples.
(Sec. 1005) Eliminates the exception for sexual abuse offenses to the tolling of the statute of limitations in cases where DNA testing implicates a person in the commission of a felony.
Title XI: Department of Justice Reauthorization - Subtitle A: Authorization of Appropriations - (Sec. 1101) Authorizes appropriations for FY 2006-FY 2009 to carry out the activities of the Department of Justice (DOJ), including for the Federal Bureau of Investigation (FBI), the U.S. Marshals Service, the Federal Prison System, the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Foreign Claims Settlement Commission, the Community Relations Service, the Assets Forfeiture Fund, the U.S. Parole Commission, the Federal Detention Trustee, and administrative expenses of the Office of Justice Programs (OJP), the Office of Violence Against Women, and the Office of Community Oriented Policing Services.
(Sec. 1105) Directs the Attorney General and the FBI to 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 to track and identify where organized retail theft type crimes are being committed.
(Sec. 1106) Requires the Attorney General to establish the United States-Mexico Border Violence Task Force in Laredo, Texas, to combat drug trafficking, violence, and kidnapping along the border and to provide expertise to the law enforcement and homeland security agencies.
(Sec. 1107) Directs the Attorney General to establish a National Gang Intelligence Center and gang information database (to be housed at and administered by the FBI) to collect, analyze, and disseminate gang activity information.
Subtitle B: Improving the Department of Justice's Grant Programs - Chapter 1: Assisting Law Enforcement and Criminal Justice Agencies - (Sec. 1111) Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to merge the Edward Byrne Memorial State and Local Law Enforcement Assistance programs and the Local Government Law Enforcement Block Grants program into an Edward Byrne Memorial Justice Assistance Grant program. Authorizes the Attorney General to make grants to states and local governments to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice programs. Authorizes contracts and subawards to neighborhood or community-based organizations that are private and nonprofit, to local governments, or to tribal governments. Requires each program funded to contain a program assessment component. Requires the Attorney General to allocate remaining funds to each state based on its population and average annual number of violent crimes for the three most recent years relative to all states. Directs the Attorney General to reserve specified funds for: (1) the National Institute of Justice to assist local governments for new technologies, including a set aside for use by the Bureau of Justice Statistics (BJS) to collect necessary data; and (2) states and local governments to develop and implement antiterrorism training programs.
(Sec. 1112) Amends the Public Safety Officer Medal of Valor Act of 2001 to provide that the Medal of Valor Board may not select more than five individuals, or groups of individuals, as recipients in a given year.
(Sec. 1113) Amends the Justice Assistance Act of 1984 to direct the Attorney General to consult with the Assistant Attorney General for OJP (currently, with the Director of that Office) and appropriate members of the federal law enforcement community in approving applications for emergency federal law enforcement assistance.
(Sec. 1114) Amends the Safe Streets Act to direct that grants and contracts be made for establishing and maintaining a secure telecommunications system for regional information sharing between federal, state, tribal, and local law enforcement agencies.
(Sec. 1115) Makes the Director of BJS responsible for the integrity of data and statistics. Requires the Director to protect against improper or illegal use or disclosure. Authorizes BJS to support the development and enhancement of national systems of criminal history and related records, 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.
(Sec. 1116) Extends through FY2009 the matching grant program for law enforcement armor vests.
Chapter 2: Building Community Capacity to Prevent, Reduce, and Control Crime - (Sec. 1121) Amends the Safe Streets Act to establish within OJP an Office of Weed and Seed Strategies to assist states, local governments, and neighborhood and community-based organizations in developing Weed and Seed strategies to prevent, control, and reduce violent crime, criminal drug-related activity, and gang activity in designated communities by promoting and coordinating a broad spectrum of community efforts to: (1) arrest, sanction, or incarcerate persons who engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life (weeding); and (2) provide human services relating to prevention, intervention, or treatment for at-risk individuals and families and community revitalization efforts (seeding). Abolishes the Executive Office of Weed and Seed and transfers its functions and activities to the Office of Weed and Seed Strategies.
Chapter 3: Assisting Victims of Crime - (Sec. 1131) Amends the Victims of Crime Act of 1984 to require the Director of the Office of Victims of Crime to make grants for nonprofit neighborhood and community-based victim service organizations and coalitions to improve outreach and services to crime victims. Authorizes: (1) the Director to replenish amounts obligated (currently, expended) from the antiterrorism emergency reserve; and (2) the Attorney General to use specified funds for grants to Indian tribes to establish child victim assistance programs.
(Sec. 1133) Authorizes the use of crime victim compensation and assistance grants for training purposes.
(Sec. 1134) Amends the Safe Streets Act, VAWA, the Victims of Trafficking and Violence Protection Act of 2000, and the Higher Education Amendments Act of 1998 to change certain reporting requirements by the Attorney General from annual to biennial.
(Sec. 1136) Authorizes the Attorney General, acting through BJA, to make grants to state and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs.
Chapter 4: Preventing Crime - (Sec. 1141) Amends the Safe Streets Act to revise the definition of "violent offender" for purposes of juvenile drug courts to mean a juvenile who has been convicted of a felony-level offense (currently, an offense) that meets the specified requirements.
(Sec. 1142) Repeals a minimum allocation provision regarding grants for drug courts. Provides for targeted technical assistance and training by the Community Capacity Development Office to: (1) assist states and eligible applicants to successfully compete for future funding and to strengthen existing state drug court systems; and (2) consider and respond to the unique needs of rural states, areas, and communities. Authorizes appropriations.
(Sec. 1143) Authorizes the Attorney General to make grants under drug court programs to courts that supervise non-offenders with substance abuse problems.
(Sec. 1144) Defines a "residential substance abuse treatment program" to mean 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 substance abuse problems; (2) intended to develop cognitive, behavioral, social, vocational, and other skills in order to solve the prisoner's substance abuse and other problems; and (3) which may include the use of pharmacotherapies that may extend beyond the treatment period.
(Sec. 1145) Requires a state, to be eligible to receive funds for residential substance abuse treatment for prisoners, to: (1) agree to implement or continue to require urinalysis or other proven forms of testing, including periodic random testing before an individual enters a treatment program, during the program, and after release from the program if the individual remains in state custody; and (2) ensure that individuals who participate in the program are provided with aftercare services funded under this chapter. Directs the Attorney General to give priority to an application that involves a partnership between the state and a community-based drug treatment program within the state.
(Sec. 1146) Amends the federal criminal code to reauthorize appropriations for residential substance abuse treatment at federal facilities through FY2011. Permits the use of pharmacotherapies that may extend beyond the treatment period.
Chapter 5: Other Matters - (Sec. 1151) - Provides that certain programs that are exempt from paying states interest on late disbursements shall also be exempt from paying a charge to the Treasury for untimely disbursements. Includes the Southwest Border Prosecutor initiative among such exempted programs. Makes specified auditing and reporting requirements with respect to undercover investigative operations conducted by the FBI or DEA applicable to ATF undercover operations.
(Sec. 1152) Amends the Safe Streets Act to direct the Assistant Attorney General to: (1) coordinate activities of OJP with the Office for Victims of Crime; and (2) place special conditions on all grants and determine priority purposes for formula grants.
(Sec. 1153) Provides that a state shall not be treated as having failed to comply with specified provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) regarding registration of sexual offenders until 36 months after 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.
(Sec. 1154) Repeals the Criminal Justice Facility Construction Pilot program under the Safe Streets Act and VCCLEA provisions regarding the local crime prevention block grant program, assistance for delinquent and at-risk youth, improved training and technical automation, and other state and local aid.
(Sec. 1155) Repeals certain notice and hearing requirements regarding Byrne grants termination and appellate court review under the Safe Streets Act.
(Sec. 1156) Modifies definitions for purposes of the Safe Streets Act.
(Sec. 1157) Sets forth provisions governing the authority of the Secretary of Homeland Security to pay the subsistence and health care costs of prisoners.
(Sec. 1158) Amends the Safe Streets Act to establish within OJP an Office of Audit, Assessment, and Management to carry out program assessments of, ensure compliance with, and manage information regarding grants under OJP and other specified programs.
(Sec. 1159) Establishes within OJP a Community Capacity Development Office to provide training to actual and prospective participants in understanding the substantive and procedural requirements for participating in specified programs. Requires such Office's Director to identify grants under which clearly beneficial outcomes were obtained and incorporate characteristics of such grants into training.
(Sec. 1160) Establishes within the Office of Science and Technology the Division of Applied Law Enforcement Technology to provide leadership and focus to DOJ grants for using or improving law enforcement computer systems. Requires the Division head to: (1) establish clear minimum standards for computer systems that can be purchased using awarded amounts; and (2) ensure that grant recipients use such systems to participate in DOJ crime reporting programs.
(Sec. 1161) Provides, regarding DOJ grant funds, that: (1) funds shall remain available to be awarded and distributed in the three succeeding fiscal years; (2) funds reprogrammed in a later fiscal year shall be treated as grant funds for such later fiscal year; (3) funds that were obligated and then deobligated shall be available for a period extended by the number of days they were deobligated; and (4) funds may be expended only in the period permitted under the grant.
(Sec. 1162) Directs the Assistant Attorney General of OJP, in coordination with the Chief Information Officer and Chief Financial Officer of DOJ, to ensure that: (1) all OJP accounting and procurement activities are carried out under the direct management of the Office of the Comptroller and the Office of Administration, respectively; (2) as of September 30, 2008, all OJP procurement activities are carried out through a single management office and all procurement contracts and purchase orders are processed through a single procurement system; and (3) as of September 30, 2010, all OJP financial management activities are carried out through a single financial management system. Directs the Assistant Attorney General to undertake a scheduled consolidation of operations to achieve compliance with such requirements.
(Sec. 1163) Reauthorizes and modifies the COPs program (public safety and community policing grants) under the Safe Streets Act by directing the Attorney General to carry out a single grant program. Specifies the purposes of grants, including: (1) rehiring law enforcement officers who have been laid off as a result of state and local budget reductions for deployment in community-oriented policing; (2) procuring equipment, technology, or support systems or paying overtime to increase the number of officers so deployed; (3) awarding grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties; and (4) developing 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 training law enforcement officers to use such technologies.
(Sec. 1164) Defines "member of a rescue squad or ambulance crew" for purposes of provisions regarding eligibility of public safety officers for death benefits to mean an officially recognized or designated public employee member of a rescue squad or ambulance crew. Modifies the definition of "law enforcement officer" to cover an individual involved in enforcement of the criminal laws, including juvenile delinquency (currently, an individual involved in enforcement of the laws).
Authorizes BJA to suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error, where such collection would be impractical or would cause undue hardship to a debtor who acted in good faith.
Modifies the rules for paying benefits to a beneficiary where there is no surviving spouse or surviving child with respect to the designation of a beneficiary by a public safety officer. Requires the public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or recently executed life insurance policy to 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) Authorizes the use of juvenile accountability block grants to establish, improve, and coordinate 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) Reauthorizes: (1) juvenile accountability block grants; (2) appropriations under VCCLEA for training programs to assist probation and parole officers and other personnel who work with released sex offenders; and (3) the matching grant program for school security.
(Sec. 1170) Makes technical amendments to Aimee's Law (which requires the transfer of law enforcement funds from a state in which a person has a prior conviction for murder, rape, or a dangerous sexual offense and which did not impose a long prison term to a state in which a subsequent offense was committed), including by removing references to average terms of imprisonment. Authorizes the latter state to 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 five years) for its related incarceration costs, with both amounts for costs adjusted annually for the rate of inflation.
Rewrites reporting requirements to direct the Attorney General to submit to Congress: (1) a report, by six months after this Act's enactment, 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; (2) a report, by October 1of 2007 and each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in state applications; and (3) reports, at regular intervals not to exceed every five years, that include specified information regarding the number of convictions with respect to each state during the calendar year for murder, rape, and dangerous sexual offenses and the number of convictions that constitute second or subsequent offenses.
Subtitle C: Miscellaneous Provisions - (Sec. 1173) Requires DOJ, unless specifically authorized by the Attorney General, to use only a facility that does not require a payment to a private entity for internal training or conferences.
(Sec. 1175) Requires the Director of the Executive Office for United States Trustees to prepare an annual report on its efforts to prevent bankruptcy fraud and abuse.
(Sec. 1176) Directs the Attorney General to report to Congress annually on: (1) the status of U.S. persons or residents detained on suspicion of terrorism; and (2) DOJ standards for determining that a person should be tried as a criminal defendant or designated as an enemy combatant.
(Sec. 1177) Increases penalties and expands jurisdiction for sexual abuse offenses in federal correctional facilities.
(Sec. 1178) Expands the definition of "prison" for purposes of the prohibition against providing or possessing contraband in prisons to include any facility in which persons are held in custody at the direction of the Attorney General.
(Sec. 1179) Permits a judge or magistrate judge, in the absence of the accused's consent, to extend the time limits for a preliminary examination only upon a showing that extraordinary circumstances exist and justice requires the delay.
(Sec. 1181) Amends the Prison Rape Elimination Act of 2003 to extend for one year a prison rape commission.
(Sec. 1182) Provides for a 10-year statute of limitations for trafficking-related offenses.
(Sec. 1183) Authorizes the Attorney General to use the services of the nonprofit Center for Criminal Justice Technology.
(Sec. 1184) Authorizes the Attorney General to 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.
(Sec. 1185) Reauthorizes the Law Enforcement Tribute Act.
(Sec. 1186) Includes among authorized activities of juvenile accountability block grants establishing and maintaining accountability-based programs designed to enhance school safety, which may include research-based bullying, cyberbullying, and gang prevention programs.
(Sec. 1187) Transfers specified provisions of the Homeland Security Act of 2002 relating to ATF to the federal judicial code.
(Sec. 1188) Reauthorizes the Gang Resistance Education and Training projects program of VCCLEA.
(Sec. 1189) Authorizes the Attorney General to 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 associated crimes.
(Sec. 1190) Expresses 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) Amends the federal criminal code to apply prohibitions against the use of counterfeit police badges to the use of any official insignia or uniform that is an indicium of the authority of a public employee.
(Sec. 1192) Makes a prohibition against imitating obligations or securities inapplicable to evidence of postage payment approved by the U.S. Postal Service.
(Sec. 1193) Authorizes appropriations for grants to the American Prosecutors Research Institute.
(Sec. 1194) Encourages the chief judge of each U.S. district court 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) Directs the Secretary of HHS to study and report to Congress on the correlation between a perpetrator's drug and alcohol abuse and the reported incidence of domestic violence at domestic violence shelters for FY2006-FY2008.
(Sec. 1196) Reauthorizes appropriations under INA for the state criminal alien assistance program through FY2011. Directs the Inspector General of DOJ to study and report to the House and Senate Judiciary Committees regarding state and local assistance in incarcerating undocumented criminal aliens.
(Sec. 1197) Amends the PROTECT Act to allow a volunteer organization in a participating state to submit background check requests under the child safety pilot program. Extends the length of the program to 60 months and provides for the processing of 200,000 10-fingerprint check requests from specified organizations conducted through the FBI's Integrated Automated Fingerprint Identification System. Includes as eligible organizations any nonprofit organization that provides care for children. Authorizes the National Center for Missing and Exploited Children to determine the eligibility of any such organization to participate in the pilot program. Makes the Center's determination conclusive if the Attorney General fails to reject or concur within 30 days. Allows participating organizations to request background checks on applicants for positions as volunteers and employees who will be working with children or supervising volunteers. Requires the Attorney General to provide the criminal history records information to the Center within 10 (currently, 14) business days after receiving the request from the organization. Reauthorizes appropriations to the Center through FY2008. Requires the Attorney General's feasibility study to include an examination of the extent of participation by eligible organizations in the state pilot program.
(Sec. 1198) Amends the federal judicial code to provide that if a district court issues an order exercising its authority for a special session, the court shall direct the U.S. marshal of the district where the court is meeting to furnish transportation and subsistence. Authorizes appropriations.
(Sec. 1199) Directs the Attorney General to make up to five grants to local governments to carry out Youth Violence Demonstration Projects to reduce juvenile and young adult violence, homicides, and recidivism among high-risk populations. Requires grant applications to propose: (1) a program strategy targeting areas with the highest incidence of youth violence and homicides; (2) outcome measures and specific objective indicia of performance to assess the effectiveness of the program; and (3) a plan for evaluation by an independent third party. Directs the Attorney General to ensure that no less than one grant recipient is: (1) a city with a population exceeding 1 million and an increase of at least 30% in the aggregated juvenile and young adult homicide victimization rate during calendar year 2005 as compared to calendar year 2004; and (2) 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%. Requires the Attorney General to give preference to entities operating programs that meet criteria including a program focus on reducing youth violence and homicides and fieldwork and neighborhood outreach in communities where young violent offenders live. Limits the federal share of a grant award to 90% of total program costs. Authorizes appropriations for FY2007-FY2009.