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Complied by the American Bar Association Commission on Domestic Violence – 2010.
VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005
119 STAT. 2960
PUBLIC LAW 109–162—JAN. 5, 2006
109th Congress
An Act To authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violence Against Women and Department of Justice Reauthorization Act of 2005’’.
SECTION 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants improvements.
Sec. 102. Grants to encourage arrest and enforce protection orders improvements.
Sec. 103. Legal Assistance for Victims improvements.
Sec. 104. Ensuring crime victim access to legal services.
Sec. 105. The Violence Against Women Act court training and improvements.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating violence, sexual violence, and stalking.
Sec. 108. Sex offender management.
Sec. 109. Stalker database.
Sec. 110. Federal victim assistants reauthorization.
Sec. 111. Grants for law enforcement training programs.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Sec. 112. Reauthorization of the court-appointed special advocate program.
Sec. 113. Preventing cyberstalking.
Sec. 114. Criminal provision relating to stalking.
Sec. 115. Repeat offender provision.
Sec. 116. Prohibiting dating violence.
Sec. 117. Prohibiting violence in special maritime and territorial jurisdiction.
Sec. 118. Updating protection order definition.
Sec. 119. GAO study and report.
Sec. 120. Grants for outreach to underserved populations.
Sec. 121. Enhancing culturally and linguistically specific services for victims of domestic violence, dating violence, sexual assault, and stalking.
TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the Rural Domestic Violence and Child Abuse Enforcement Assistance Program.
Sec. 204. Training and services to end violence against women with disabilities.
Sec. 205. Training and services to end violence against women in later life.
Sec. 206. Strengthening the National Domestic Violence Hotline.
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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Sec. 403. Public Awareness Campaign.
Sec. 402. Study conducted by the Centers for Disease Control and Prevention.
TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic and sexual violence.
Sec. 504. Grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking grants.
Sec. 505. Research on effective interventions in the healthcare setting.
TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND CHILDREN
Sec. 601. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking.
Sec. 603. Public housing authority plans reporting requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher program.
Sec. 607. Amendments to the public housing program.
TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Grant for National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.
TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
Subtitle A—Victims of Crime
Sec. 801. Treatment of spouse and children of victims.
Sec. 802. Presence of victims of a severe form of trafficking in persons.
Sec. 803. Adjustment of status.
Sec. 804. Protection and assistance for victims of trafficking.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Sec. 805. Protecting victims of child abuse.
Subtitle B—VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application in case of voluntary departure.
Sec. 813. Removal proceedings.
Sec. 814. Eliminating abusers’ control over applications and limitation on petitioning for abusers.
Sec. 815. Application for VAWA-related relief.
Sec. 816. Self-petitioning parents.
Sec. 817. VAWA confidentiality nondisclosure.
Subtitle C—Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special physical presence and good moral character rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Motions to reopen.
Sec. 826. Protecting abused juveniles.
Sec. 827. Protection of domestic violence and crime victims from certain disclosures of information.
Sec. 828. Rulemaking.
Subtitle D—International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Access to VAWA protection regardless of manner of entry.
Sec. 833. Domestic violence information and resources for immigrants and regulation of international marriage brokers.
Sec. 834. Sharing of certain information.
TITLE IX—SAFETY FOR INDIAN WOMEN
Sec. 901. Findings.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Grants to Indian tribal governments.
Sec. 907. Tribal deputy in the Office on Violence Against Women.
Sec. 908. Enhanced criminal law resources.
Sec. 909. Domestic assault by an habitual offender.
TITLE X—DNA FINGERPRINTING
Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons arrested or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
TITLE XI—DEPARTMENT OF JUSTICE REAUTHORIZATION
Subtitle A—Authorization of Appropriations
Sec. 1101. Authorization of appropriations for fiscal year 2006.
Sec. 1102. Authorization of appropriations for fiscal year 2007.
Sec. 1103. Authorization of appropriations for fiscal year 2008.
Sec. 1104. Authorization of appropriations for fiscal year 2009.
Sec. 1105. Organized retail theft.
Sec. 1106. United States-Mexico Border Violence Task Force.
Sec. 1107. National Gang Intelligence Center.
Subtitle B—Improving the Department of Justice’s Grant Programs
CHAPTER 1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Sec. 1112. Clarification of number of recipients who may be selected in a given year to receive Public Safety Officer Medal of Valor.
Sec. 1113. Clarification of official to be consulted by Attorney General in considering application for emergency Federal law
enforcement assistance.
Sec. 1114. Clarification of uses for regional information sharing system grants.
Sec. 1115. Integrity and enhancement of national criminal record databases.
Sec. 1116. Extension of matching grant program for law enforcement armor vests.
CHAPTER 2—BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL CRIME
Sec. 1121. Office of Weed and Seed Strategies.
CHAPTER 3—ASSISTING VICTIMS OF CRIME
Sec. 1131. Grants to local nonprofit organizations to improve outreach services to victims of crime.
Sec. 1132. Clarification and enhancement of certain authorities relating to crime victims fund.
Sec. 1133. Amounts received under crime victim grants may be used by State for training purposes.
Sec. 1134. Clarification of authorities relating to Violence Against Women formula and discretionary grant programs.
Sec. 1135. Change of certain reports from annual to biennial.
Sec. 1136. Grants for young witness assistance.
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.
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Sec. 1152. Coordination duties of Assistant Attorney General.
Sec. 1153. Simplification of compliance deadlines under sex-offender registration laws.
Sec. 1154. Repeal of certain programs.
Sec. 1155. Elimination of certain notice and hearing requirements.
Sec. 1156. Amended definitions for purposes of Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 1157. Clarification of authority to pay subsistence payments to prisoners for health care items and services.
Sec. 1158. Office of Audit, Assessment, and Management.
Sec. 1159. Community Capacity Development Office.
Sec. 1160. Office of Applied Law Enforcement Technology.
Sec. 1161. Availability of funds for grants.
Sec. 1162. Consolidation of financial management systems of Office of Justice Programs.
Sec. 1163. Authorization and change of COPS program to single grant program.
Sec. 1164. Clarification of persons eligible for benefits under public safety officers’ death benefits programs.
Sec. 1165. Pre-release and post-release programs for juvenile offenders.
Sec. 1166. Reauthorization of juvenile accountability block grants.
Sec. 1167. Sex offender management.
Sec. 1168. Evidence-based approaches.
Sec. 1169. Reauthorization of matching grant program for school security.
Sec. 1170. Technical amendments to Aimee’s Law.
Subtitle C—Miscellaneous Provisions
Sec. 1171. Technical amendments relating to Public Law 107–56.
Sec. 1172. Miscellaneous technical amendments.
Sec. 1173. Use of Federal training facilities.
Sec. 1174. Privacy officer.
Sec. 1175. Bankruptcy crimes.
Sec. 1176. Report to Congress on status of United States persons or residents detained on suspicion of terrorism.
Sec. 1177. Increased penalties and expanded jurisdiction for sexual abuse offenses in correctional facilities.
Sec. 1178. Expanded jurisdiction for contraband offenses in correctional facilities.
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Sec. 1179. Magistrate judge’s authority to continue preliminary hearing.
Sec. 1180. Technical corrections relating to steroids.
Sec. 1181. Prison Rape Commission extension.
Sec. 1182. Longer statute of limitation for human trafficking-related offenses.
Sec. 1183. Use of Center for Criminal Justice Technology.
Sec. 1184. SEARCH Grants.
Sec. 1185. Reauthorization of Law Enforcement Tribute Act.
Sec. 1186. Amendment regarding bullying and gangs.
Sec. 1187. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1188. Reauthorize the Gang Resistance Education and Training Projects Program.
Sec. 1189. National Training Center.
Sec. 1190. Sense of Congress relating to ‘‘good time’’ release.
Sec. 1191. Public employee uniforms.
Sec. 1192. Officially approved postage.
Sec. 1193. Authorization of additional appropriations.
Sec. 1194. Assistance to courts.
Sec. 1195. Study and report on correlation between substance abuse and domestic violence at domestic violence shelters.
Sec. 1196. Reauthorization of State Criminal Alien Assistance Program.
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.
SECTION 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.
(a) IN GENERAL.—The Violence Against Women Act of 19941 (108 Stat. 1902 et seq.)2 is amended by adding after section 400013 the
following:
1
VAWA 1994 §40001 - 41501. See Endnote 250.
VCCLEA 1994 §1 - 330025. See Endnote 250.
3
VAWA 1994 §40001. Short Title. See Endnote 263.
2
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 40002.4 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
4
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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 11515 of title 18, United States
Code.
5
18 USC §1151. Indians: Indian Country Defined. See Endnote 55.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(12) INDIAN HOUSING.—The term ‘Indian housing’ means housing assistance described in the Native American Housing Assistance
and Self-Determination Act of 19966 (25 U.S.C. 4101 et seq.,7 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 to, the Alaska Native Claims
Settlement Act8 (43 U.S.C. 1601 et seq.)),9 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 10 of the Indian Enforcement
Reform Act11 (25 U.S.C. 2802).12
“(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.
6
25 USC §4101. Native American Housing Assistance and Self Determination: Congressional Findings. See Endnotes 103 - 104.
25 USC §4101. Native American Housing Assistance and Self Determination: Congressional Findings. See Endnotes 103 - 104.
8
43 USC §1601 - 1602. Alaska Native Claims Settlement: Congressional Findings and Declaration of Policy and Definitions. See Endnotes 245 - 246.
9
43 USC §1601 - 1602. Alaska Native Claims Settlement: Congressional Findings and Declaration of Policy and Definitions. See Endnotes 245 - 246.
10
25 USC §2802. Indian Law Enforcement Reform: Indian Law Enforcement Responsibilities. See Endnote 101.
11
25 USC §2802. Indian Law Enforcement Reform: Indian Law Enforcement Responsibilities. See Endnote 101.
12
25 USC §2802. Indian Law Enforcement Reform: Indian Law Enforcement Responsibilities. See Endnote 101.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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 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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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 13 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)). 14
“(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 15 (42 U.S.C. 280b et
seq.).16
“(28) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT COALITION.—The term ‘territorial domestic violence or sexual 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—
13
18 USC Chapter 109A. Sexual Abuse. See Endnote 66.
42 USC §10410. Family Violence Prevention and Services: Grants for State Domestic Violence Coalitions. See Endnote 219.
15
42 USC §280b. Public Health Service Act. See Endnote 118.
16
42 USC §280b. Public Health Service Act. See Endnote 118.
14
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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 17 (43 U.S.C. 1601
et seq.)),18 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, or dating violence under the auspices or supervision of a court or a law enforcement
or prosecution agency.
17
18
43 USC §1601 - 1602. Alaska Native Claims Settlement: Congressional Findings and Declaration of Policy and Definitions. See Endnotes 245 - 246.
43 USC §1601 - 1602. Alaska Native Claims Settlement: Congressional Findings and Declaration of Policy and Definitions. See Endnotes 245 - 246.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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—
15
16
Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(i) nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying
demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection
requirements;
“(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.
16
17
Complied by the American Bar Association Commission on Domestic Violence – 2010.
“(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.
“(10) PROHIBITION ON LOBBYING.—Any funds appropriated for the grant program shall be subject to the prohibition in section
191319 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 4061020 of the Violence Against Women Act of 199421 (42 U.S.C. 14039)22 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)23 of the Victims of Trafficking and Violence Protection Act of 2000 24 (42 U.S.C.
10420(d)(1))25 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)26 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg–3)27 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’’.
19
18 USC §1913. Public Officers and Employees: Lobbying with Appropriated Moneys. See Endnote 64.
VAWA 1994 §40610. National Stalker and Domestic Violence Reduction: Report to Congress. See Endnote 272.
21
VAWA 1994 §40001 - 41501. See Endnote 250.
22
VAWA 1994 §40610. National Stalker and Domestic Violence Reduction: Report to Congress. See Endnote 272.
23
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
24
VAWA 2000 §1001 - 1603. See Endnote 308.
25
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
26
42 USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General Terms and Conditions. See Endnote 192.
27
42 USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General Terms and Conditions. See Endnote 192.
20
17
18
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(4) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.—Section
40299(f)28 of the Violence Against Women Act of 199429 (42 U.S.C. 13975(f))30 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.31—Part T32 of title I33 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 34 is amended by
striking section 200835 and inserting the following:
“SEC. 2008.36 DEFINITIONS AND GRANT CONDITIONS.
“In this part the definitions and grant conditions in section 4000237 of the Violence Against Women Act of 199438 shall apply.”
(2) PART U.39—Section 210540 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows:
28
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
29
VAWA 1994 §40001 - 41501. See Endnote 250.
30
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
31
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
32
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
33
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
34
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
35
42 USC §3796gg-2. Grants to Combat Violent Crimes Against Women: Definitions and Grant Conditions. See Endnote 191.
36
42 USC §3796gg-2. Grants to Combat Violent Crimes Against Women: Definitions and Grant Conditions. See Endnote 191.
37
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
38
VAWA 1994 §40001 - 41501. See Endnote 250.
39
42 USC §3796hh – hh-5. Grants to Encourage Arrest Policies and Enforcement of Protection Orders. See Endnotes 201 - 206.
40
42 USC §3796hh-4. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Definitions and Grant Conditions. See Endnote 205.
18
19
Complied by the American Bar Association Commission on Domestic Violence – 2010.
“SEC. 2105.41 DEFINITIONS AND GRANT CONDITIONS.
“In this part the definitions and grant conditions in section 4000242 of the Violence Against Women Act of 199443 shall apply.”
(d) DEFINITIONS AND GRANT CONDITIONS IN 200044 ACT.—Section 100245 of the Violence Against Women Act of 200046 (42 U.S.C. 3796gg– 2
note)47 is amended to read as follows:
“SEC. 1002.48 DEFINITIONS AND GRANT CONDITIONS.
“In this division the definitions and grant conditions in section 4000249 of the Violence Against Women Act of 199450 shall apply.”
41
42 USC §3796hh-4. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Definitions and Grant Conditions. See Endnote 205.
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
43
VAWA 1994 §40001 - 41501. See Endnote 250.
44
VAWA 2000 §1001 - 1603. See Endnote 308.
45
VAWA 2000 §1002. Grants to Combat Violent Crimes Against Women: Definitions and Grant Conditions. See Endnote 309.
46
VAWA 2000 §1001 - 1603. See Endnote 308.
47
VAWA 2000 §1002. Grants to Combat Violent Crimes Against Women: Definitions and Grant Conditions. See Endnote 309.
48
VAWA 2000 §1002. Grants to Combat Violent Crimes Against Women: Definitions and Grant Conditions. See Endnote 309.
49
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
50
VAWA 1994 §40001 - 41501. See Endnote 250.
42
19
20
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE I: ENHANCING JUDICIAL AND LAW ENFORCEMENT OOLS TO COMBAT VIOLENCE AGAINST WOMEN
20
21
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 101. STOP GRANTS IMPROVEMENTS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18)51 of title I52 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(18))53 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)54 of title I55 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b))56 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;
51
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
53
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
54
42 USC §3796gg. Grants to Combat Violent Crimes Against Women: Purpose of the Program and Grants. See Endnote 184.
55
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
56
42 USC §3796gg. Grants to Combat Violent Crimes Against Women: Purpose of the Program and Grants. See Endnote 184.
52
21
22
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 200757 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg–1)58 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:
57
58
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
22
23
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 200759 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1)60 is
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘5 percent’’ and inserting ‘‘10 percent’’;
(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 200761 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–1)62 is amended by adding at the end the following:
‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—
59
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
61
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
62
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
60
23
24
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 201063 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4)64
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 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)65 and (g)(9)66 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
63
42 USC §3796gg-4. Grants to Combat Violent Crimes Against Women: Rape Exam Payments. See Endnote 193.
42 USC §3796gg-4. Grants to Combat Violent Crimes Against Women: Rape Exam Payments. See Endnote 193.
65
18 USC §922. Firearms: Unlawful Acts. See Endnote 54.
66
18 USC §922. Firearms: Unlawful Acts. See Endnote 54.
64
24
25
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 T67 of title I68 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)69
is amended by adding at the end the following:
‘‘SEC. 2013.70 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.’’.
67
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
69
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
70
42 USC §3796gg-8. Grants to Combat Violent Crimes Against Women: Polygraph Testing Prohibition. See Endnote 197.
68
25
26
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19)71 of title I72 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19))73 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 210174 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)75 is amended—
(1) in subsection (a), by striking ‘‘to treat domestic violence as a serious violation’’ and inserting ‘‘to treat domestic violence, dating
violence, sexual assault, and stalking as serious violations’’;
(2) in subsection (b)—
(A) in the matter before paragraph (1), by inserting after ‘‘State’’ the following: ‘‘, tribal, territorial,’’;
(B) in paragraph (1), by—
(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’’;
71
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
73
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
74
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
75
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
72
26
27
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
‘‘(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—
27
28
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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)76 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b))77 is amended in each of
paragraphs (1) and (2) by inserting after ‘‘involving domestic violence’’ the following: ‘‘, dating violence, sexual assault, or stalking’’.
76
42 USC §3796hh-1. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Applications. See Endnote 202.
28
29
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(d) TRAINING, TECHNICAL ASSISTANCE, CONFIDENTIALITY.—Part U78 of title I79 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh et seq.)80 is amended by adding at the end the following:
‘‘SEC. 2106.81 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.’’.
77
42 USC §3796hh-1. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Applications. See Endnote 202.
42 USC §3796hh – hh-5. Grants to Encourage Arrest Policies and Enforcement of Protection Orders. See Endnotes 201 - 206.
79
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
80
42 USC §3796hh – hh-5. Grants to Encourage Arrest Policies and Enforcement of Protection Orders. See Endnotes 201 - 206.
81
42 USC §3796hh-5. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Training and Technical Assistance. See Endnote 206.
78
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.
Section 120182 of the Violence Against Women Act of 200083 (42 U.S.C. 3796gg–6)84 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 4000285 of the Violence Against Women Act of 199486 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’’.
82
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
VAWA 2000 §1001 - 1603. See Endnote 308.
84
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
85
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
86
VAWA 1994 §40001 - 41501. See Endnote 250.
83
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.
(a) IN GENERAL.—Section 50287 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105–119;88 111 Stat. 2510)89 is amended—
(1) in subsection (a)(2)(C)—
(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) 90 of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U));91 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)92 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)).’’;93 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)94 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’.95
(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) 96 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(b)(1)).97
87
PL 105-119 § 502. Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998. See Endnote 307.
PL 105-119 § 502. Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998. See Endnote 307.
89
PL 105-119 § 502. Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998. See Endnote 307.
90
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
91
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
92
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
93
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
94
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
95
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
96
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
97
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
88
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 199498 (108 Stat. 1902 et
seq.)99 is amended by adding at the end the following:
‘‘Subtitle J100—Violence Against Women Act Court Training and Improvements
‘‘SEC. 41001.101 SHORT TITLE.
‘‘This subtitle may be cited as the ‘Violence Against Women Act Court Training and Improvements Act of 2005’.
‘‘SEC. 41002.102 PURPOSE.
‘‘The purpose of this subtitle is to enable the Attorney General, though the Director of the Office on Violence Against Women, to award
grants to improve court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking to be used for—
‘‘(1) improved internal civil and criminal court functions, responses, practices, and procedures;
‘‘(2) education for court-based and court-related personnel on issues relating to victims’ needs, including safety, security, privacy,
confidentiality, and economic independence, as well as information about perpetrator behavior and best practices for holding perpetrators
accountable;
‘‘(3) collaboration and training with Federal, State, tribal, territorial, and local public agencies and officials and nonprofit,
nongovernmental organizations to improve implementation and 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 communitybased supplementary services);
‘‘(C) offender management, monitoring, and accountability programs;
98
VAWA 1994 §40001 - 41501. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
100
VAWA 1994 §41001 - 41006. Violence Against Women Act Court Training and Improvements. See Endnotes 275 - 280.
101
VAWA 1994 §41001. Violence Against Women Act Court Training and Improvements: Short Title. See Endnote 275.
102
VAWA 1994 §41002. Violence Against Women Act Court Training and Improvements: Purpose. See Endnote 276.
99
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‘‘(D) safe and confidential information-storage and -sharing databases within and between court systems;
‘‘(E) education and outreach programs to improve community access, including enhanced access for underserved
populations; and
‘‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; and
‘‘(5) providing technical assistance to Federal, State, tribal, territorial, or local courts wishing to improve their practices and
procedures or to develop new programs.
‘‘SEC. 41003.103 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 41002104 has been or will be developed with significant input from and
in collaboration with a national, tribal, State, territorial, or local victim services provider or coalition; and
‘‘(C) the grantee’s internal organizational policies, procedures, or rules do not require mediation or counseling between
offenders and victims physically together in cases where domestic violence, dating violence, sexual assault, or stalking is an issue.
‘‘SEC. 41004.105 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
103
VAWA 1994 §41003. Violence Against Women Act Court Training and Improvements: Grant Requirements. See Endnote 277.
VAWA 1994 §41002. Violence Against Women Act Court Training and Improvements: Purpose. See Endnote 276.
105
VAWA 1994 §41004. Violence Against Women Act Court Training and Improvements: National Education Curricula. See Endnote 278.
104
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information about relevant Federal, State, 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. 41005.106 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. 41006.107 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.’’.
106
107
VAWA 1994 §41005. Violence Against Women Act Court Training and Improvements: Tribal Curricula. See Endnote 279.
VAWA 1994 §41006. Violence Against Women Act Court Training and Improvements: Authorization of Appropriations. See Endnote 280.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) ENFORCEMENT OF PROTECTION ORDERS ISSUED BY TERRITORIES.— Section 2265108 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)109 of title 18, United States Code, is
amended by striking ‘‘and enforced as if it were’’ and inserting ‘‘and enforced by the court and law enforcement personnel of the other State,
Indian tribal government or Territory as if it were’’.
(c) LIMITS ON INTERNET PUBLICATION OF PROTECTION ORDER INFORMATION.—Section 2265(d)110 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 2266111 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
108
18 USC §2265. Domestic Violence and Stalking: Full Faith and Credit Given to Protection Orders. See Endnote 75.
18 USC §2265. Domestic Violence and Stalking: Full Faith and Credit Given to Protection Orders. See Endnote 75.
110
18 USC §2265. Domestic Violence and Stalking: Full Faith and Credit Given to Protection Orders. See Endnote 75.
111
18 USC §2266. Domestic Violence and Stalking: Definitions. See Endnote 77.
109
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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,112 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—113
‘‘(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’’.
112
113
18 USC §2261A. Domestic Violence and Stalking: Stalking. See Endnote 73.
18 USC §2261A. Domestic Violence and Stalking: Stalking. See Endnote 73.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL VIOLENCE, AND STALKING.
The Violence Against Women Act of 1994114 (108 Stat. 1902 et seq.)115 is amended by adding at the end the following:
‘‘Subtitle K116—Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking
‘‘SEC. 41101.117 GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND ASTALKING.
‘‘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. 41102.118 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
114
VAWA 1994 §40001 - 41501. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
116
VAWA 1994 §41101 - 41105. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking. See Endnote 281 – 285.
117
VAWA 1994 §41101. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking: Grants to Protect the Privacy and Confidentiality of
Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. See Endnote 281.
118
VAWA 1994 §41102. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking: Purpose Areas. See Endnote 282.
115
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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. 41103.119 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
‘‘(7) nonprofit nongovernmental victim advocacy organizations, including statewide domestic violence and sexual assault coalitions.
‘‘SEC. 41104.120 GRANT CONDITIONS.
‘‘Applicants described in paragraph (1) and paragraphs (3) through (6) shall demonstrate that they have entered into a significant
partnership with a State, tribal, territorial, or local victim service or advocacy organization or condition in order to develop safe, confidential, and
effective protocols, procedures, policies, and systems for protecting personally identifying information of victims.
‘‘SEC. 41105.121 AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $5,000,000 for each of fiscal years 2007 through 2011.
‘‘(b) TRIBAL ALLOCATION.—Of the amount made available under this section in each fiscal year, 10 percent shall be used for grants to Indian
tribes for programs that assist victims of domestic violence, dating violence, stalking, and sexual assault.
119
VAWA 1994 §41103. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking: Eligible Entities. See Endnote 283.
VAWA 1994 §41104. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking: Grant Conditions. See Endnote 284.
121
VAWA 1994 §41105. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking: Authorization of Appropriations. See Endnote 285.
120
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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.’’.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 108. SEX OFFENDER MANAGEMENT.
Section 40152122 of the Violent Crime Control and Law Enforcement Act of 1994123 (42 U.S.C. 13941)124 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.’’.
122
VAWA 1994 §40152. Assistance To Victims of Sexual Assault: Training Programs. See Endnote 266.
VCCLEA 1994 §1 - 330025. See Endnote 250.
124
VAWA 1994 §40152. Assistance To Victims of Sexual Assault: Training Programs. See Endnote 266.
123
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 109. STALKER DATABASE.
Section 40603125 of the Violence Against Women Act of 1994126 (42 U.S.C. 14032)127 is amended—
(1) by striking ‘‘2001’’ and inserting ‘‘2007’’; and
(2) by striking ‘‘2006’’ and inserting ‘‘2011’’.
125
VAWA 1994 §40603. National Stalker and Domestic Violence Reduction: Authorization of Appropriations. See Endnote 271.
VAWA 1994 §40001 - 41501. See Endnote 250.
127
VAWA 1994 §40603. National Stalker and Domestic Violence Reduction: Authorization of Appropriations. See Endnote 271.
126
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114128 of the Violence Against Women Act of 1994129 (Public Law 103–322)130 is amended to read as follows:
‘‘SEC. 40114.131 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.’’.
128
VAWA 1994 §40114. Federal Penalties for Sex Crimes: Authorization for Federal Victim Assistants. See Endnote 265.
VAWA 1994 §40001 - 41501. See Endnote 250.
130
VAWA 1994 §40001 - 41501. See Endnote 250.
131
VAWA 1994 §40114. Federal Penalties for Sex Crimes: Authorization for Federal Victim Assistants. See Endnote 265.
129
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 103 132 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).133
(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).
132
133
22 USC §7102. Trafficking Victims Protection: Definitions. See Endnote 98.
22 USC §7102. Trafficking Victims Protection: Definitions. See Endnote 98.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
(a) FINDINGS.—Section 215134 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13011)135 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.’’.
(b) IMPLEMENTATION DATE.—Section 216136 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13012)137 is amended by striking ‘‘January 1,
1995’’ and inserting ‘‘January 1, 2010’’.
(c) CLARIFICATION OF PROGRAM GOALS.—Section 217138 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13013)139 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
134
42 USC §13011. Victims of Child Abuse: Findings. See Endnote 232.
42 USC §13011. Victims of Child Abuse: Findings. See Endnote 232.
136
42 USC §13012. Victims of Child Abuse: Purpose. See Endnote 233.
137
42 USC §13012. Victims of Child Abuse: Purpose. See Endnote 233.
138
42 USC §13013. Victims of Child Abuse: Strengthening of Court-Appointed Special Advocate Program. See Endnote 234.
139
42 USC §13013. Victims of Child Abuse: Strengthening of Court-Appointed Special Advocate Program. See Endnote 234.
135
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(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.) 140 is amended—
(1) by redesignating section 218141 as section 219;142 and
(2) by inserting after section 217143 the following new section:
‘‘SEC. 218.144 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.—
140
42 USC §13011 - 13014. Victims of Child Abuse Act of 1990. See Endnote 232 - 236.
42 USC §13014. Victims of Child Abuse: Authorization of Appropriations. See Endnote 236.
142
42 USC §13014. Victims of Child Abuse: Authorization of Appropriations. See Endnote 236.
143
42 USC §13013. Victims of Child Abuse: Strengthening of Court-Appointed Special Advocate Program. See Endnote 234.
144
42 USC §13013a. Victims of Child Abuse: Report. See Endnote 235.
141
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(1) AUTHORIZATION.—Section 219145 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 219146 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.’’.
145
146
42 USC §13014. Victims of Child Abuse: Authorization of Appropriations. See Endnote 236.
42 USC §13014. Victims of Child Abuse: Authorization of Appropriations. See Endnote 236.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 113. PREVENTING CYBERSTALKING.
(a) IN GENERAL.—Paragraph (1) of section 223(h)147 of the Communications Act of 1934 (47 U.S.C. 223(h)(1))148 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 1104149 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).’’.150
(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)151 of the Communications Act of 1934, as in effect before the date of the enactment of this
section.
147
47 USC §223. Wire or Radio Communication: Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications. See Endnote 248.
47 USC §223. Wire or Radio Communication: Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications. See Endnote 248.
149
47 USC §151 Note. Wire or Radio Communication: Grandfathering of States that Tax Internet Access. See Endnote 247.
150
47 USC §151 Note. Wire or Radio Communication: Grandfathering of States that Tax Internet Access. See Endnote 247.
151
47 USC §223. Wire or Radio Communication: Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications. See Endnote 248.
148
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.
(a) INTERSTATE STALKING.—Section 2261A152 of title 18, United States Code, is amended to read as follows:
‘‘§ 2261A.153 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)154 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
‘‘(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)155 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)156 of this title.’’.
152
18 USC §2261A. Domestic Violence and Stalking: Stalking. See Endnote 73.
18 USC §2261A. Domestic Violence and Stalking: Stalking. See Endnote 73.
154
18 USC §115. Assault: Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member. See Endnote 48.
155
18 USC §115. Assault: Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member. See Endnote 48.
156
18 USC §2261. Domestic Violence and Stalking: Interstate Domestic Violence. See Endnote 72.
153
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(b) ENHANCED PENALTIES FOR STALKING.—Section 2261(b)157 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, nocontact order, or other order described in section 2266158 of title 18, United States Code, shall be punished by imprisonment for not less than 1
year.’’.
157
158
18 USC §2261. Domestic Violence and Stalking: Interstate Domestic Violence. See Endnote 72.
18 USC §2266. Domestic Violence and Stalking: Definitions. See Endnote 77.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 115. REPEAT OFFENDER PROVISION.
Chapter 110A159 of title 18, United States Code, is amended by adding after section 2265160 the following:
‘‘§ 2265A.161 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 2261,162 2261A,163 or 2262164 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.’’.
159
18 USC CH 110A. Domestic Violence and Stalking. See Endnote 71.
18 USC §2265. Domestic Violence and Stalking: Full Faith and Credit Given to Protection Orders. See Endnote 75.
161
18 USC §2265A. Domestic Violence and Stalking: Repeat Offenders. See Endnote 76.
162
18 USC §2261. Domestic Violence and Stalking: Interstate Domestic Violence. See Endnote 72.
163
18 USC §2261A. Domestic Violence and Stalking: Stalking. See Endnote 73.
164
18 USC §2262. Domestic Violence and Stalking: Interstate Violation of Protection Order. See Endnote 74.
160
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SEC. 116. PROHIBITING DATING VIOLENCE.
(a) IN GENERAL.—Section 2261(a)165 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 2266166 of title 18, United States Code, is amended by adding at the end the following:
‘‘(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.’’.
165
166
18 USC §2261. Domestic Violence and Stalking: Interstate Domestic Violence. See Endnote 72.
18 USC §2266. Domestic Violence and Stalking: Definitions. See Endnote 77.
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SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.
(a) DOMESTIC VIOLENCE.—Section 2261(a)(1)167 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)168 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’’.
167
168
18 USC §2261. Domestic Violence and Stalking: Interstate Domestic Violence. See Endnote 72.
18 USC §2262. Domestic Violence and Stalking: Interstate Violation of Protection Order. See Endnote 74.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 118. UPDATING PROTECTION ORDER DEFINITION.
Section 534169 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.’’.
169
28 USC §534. Federal Bureau of Investigation: Acquisition, Preservation, and Exchange of Identification Records and Information; Appointment of Officials. See Endnote 108.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 121. ENHANCING CULTURALLY AND LINGUISTICALLY SPECIFIC SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section, the Attorney
General, through the Director of the Violence Against Women Office (referred to in this section as the ‘‘Director’’), shall take 5 percent of such
appropriated amounts and combine them to establish a new grant program to enhance culturally and linguistically specific services for victims of
domestic violence, dating violence, sexual assault, and stalking. Grants made under this new program shall be administered by the Director.
(2) PROGRAMS COVERED.—The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A) Section 2101170 (42 U.S.C. 3796hh),171 Grants to Encourage Arrest Policies.
(B) Section 1201172 of the Violence Against Women Act of 2000173 (42 U.S.C. 3796gg–6),174 Legal Assistance for Victims.
(C) Section 40295175 of the Violence Against Women Act of 1994176 (42 U.S.C. 13971),177 Rural Domestic Violence and Child Abuser
Enforcement Assistance.
(D) Section lll of the Violence Against Women Act of 1994178 (42 U.S.C. lll), Older Battered Women.
(E) Section lll of the Violence Against Women Act of 2000179 (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:
170
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
172
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
173
VAWA 2000 §1001 - 1603. See Endnote 308.
174
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
175
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
176
VAWA 1994 §40001 - 41501. See Endnote 250.
177
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
178
VAWA 1994 §40001 - 41501. See Endnote 250.
179
VAWA 2000 §1001 - 1603. See Endnote 308.
171
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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, 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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE II: IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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—
(A) only 35 percent of these programs offered disability awareness training for their staff; and
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
Part T180 of title I181 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 182 is amended by inserting after section
2013,183 as added by this Act, the following:
‘‘SEC. 2014.184 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
‘‘(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.
180
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
182
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
183
42 USC §3796gg-8. Grants to Combat Violent Crimes Against Women: Polygraph Testing Prohibition. See Endnote 197.
184
42 USC §3796gg-9. Grants to Combat Violent Crimes Against Women: Sexual Assault Services. See Endnote 198.
181
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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.
‘‘(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
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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 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.
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‘‘(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.
‘‘(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.—
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‘‘(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).’’.
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SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295185 of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971)186 is amended to read as follows:
‘‘SEC. 40295.187 RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to identify, assess, and appropriately respond to 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.
185
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
186
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
187
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
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‘‘(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 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.
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‘‘(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 Q188 of title I189 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.)190 to accomplish the objectives of this section.’’.
188
42 USC §3796dd – dd-8. Public Safety and Community Policing; “Cops on the Beat”. See Endnote 176 - 177.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
190
42 USC §3796dd – dd-8. Public Safety and Community Policing; “Cops on the Beat”. See Endnote 176 - 177.
189
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SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH DISABILITIES.
(a) IN GENERAL.—Section 1402191 of the Violence Against Women Act of 2000192 (42 U.S.C. 3796gg–7)193 is amended to read as follows:
‘‘SEC. 1402.194 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 3195 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102));196 and
‘‘(2) to enhance direct services to such individuals.
‘‘(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;
191
42 USC §3796gg-7. Grants to Combat Violent Crimes Against Women: Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with
Disabilities. See Endnote 196.
192
VAWA 2000 §1001 - 1603. See Endnote 308.
193
42 USC §3796gg-7. Grants to Combat Violent Crimes Against Women: Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with
Disabilities. See Endnote 196.
194
42 USC §3796gg-7. Grants to Combat Violent Crimes Against Women: Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with
Disabilities. See Endnote 196.
195
42 USC §12102. Equal Opportunity for Individuals with Disabilities: Definitions. See Endnote 226.
196
42 USC §12102. Equal Opportunity for Individuals with Disabilities: Definitions. See Endnote 226.
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‘‘(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;197 and
‘‘(B) section 504198 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 410199 of the Rehabilitation Act of 1973 (29 U.S.C. 796f–5)). 200
‘‘(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.’’.
197
42 USC §12102. Equal Opportunity for Individuals with Disabilities: Definitions. See Endnote 226.
29 USC §794. Vocational Rehabilitation and Other Rehabilitation: Nondiscrimination under Federal Grants and Programs; Promulgation of Rules and Regulations. See Endnote
113.
199
29 USC §796f-5. Vocational Rehabilitation and Other Rehabilitation: “Eligible agency” defined. See Endnote 114.
200
29 USC §796f-5. Vocational Rehabilitation and Other Rehabilitation: “Eligible agency” defined. See Endnote 114.
198
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SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER LIFE.
(a) TRAINING PROGRAMS.—Section 40802201 of the Violence Against Women Act of 1994202 (42 U.S.C. 14041a)203 is amended to read as follows:
‘‘SEC. 40802.204 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
201
VAWA 1994 §40802. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals: Enhanced Training and
Services to End Violence Against and Abuse of Women Later in Life. See Endnote 273.
202
VAWA 1994 §40001 - 41501. See Endnote 250.
203
VAWA 1994 §40802. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals: Enhanced Training and
Services to End Violence Against and Abuse of Women Later in Life. See Endnote 273.
204
VAWA 1994 §40802. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals: Enhanced Training and
Services to End Violence Against and Abuse of Women Later in Life. See Endnote 273.
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‘‘(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 40803205 of the Violence Against Women Act of 1994206 (42 U.S.C. 14041b)207 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’’.
205
VAWA 1994 §40803. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals: Authorization of
Appropriations. See Endnote 274.
206
VAWA 1994 §40001 - 41501. See Endnote 250.
207
VAWA 1994 §40803. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against Older or Disabled Individuals: Authorization of
Appropriations. See Endnote 274.
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SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.
Section 316208 of the Family Violence Prevention and Services Act (42 U.S.C. 10416)209 is amended—
(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’’.
208
209
42 USC §10416. Family Violence Prevention and Services: National Domestic Violence Hotline Grant. See Endnote 220.
42 USC §10416. Family Violence Prevention and Services: National Domestic Violence Hotline Grant. See Endnote 220.
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TITLE III: SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE
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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)210 of part J of title III of the Public Health Service Act211 (42 U.S.C. 280b–1c(c))212 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).’’.
210
42 USC §280b-1c. Public Health Services: Use of Allotments for Rape Prevention Education. See Endnote 119.
42 USC §280b. Public Health Services: Research. See Endnote 118.
212
42 USC §280b-1c. Public Health Services: Use of Allotments for Rape Prevention Education. See Endnote 119.
211
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SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE.
The Violence Against Women Act of 1994213 (Public Law 103– 322,214 Stat. 1902 et seq.)215 is amended by adding at the end the following:
‘‘Subtitle L216—Services, Education, Protection and Justice for Young Victims of Violence
‘‘SEC. 41201.217 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;
213
VAWA 1994 §40001 - 41501. See Endnote 250.
VCCLEA 1994 §1 - 330025. See Endnote 250.
215
VCCLEA 1994 §1 - 330025. See Endnote 250.
216
VAWA 1994 §41201 - 41204. Services, Education, Protection and Justice for Young Victims of Violence. See Endnote 286 - 289.
217
VAWA 1994 §41201. Services, Education, Protection and Justice for Young Victims of Violence: Services to Advocate for and Respond to Youth. See Endnote 286.
214
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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. 41202.218 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,
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VAWA 1994 §41202. Services, Education, Protection and Justice for Young Victims of Violence: Access to Justice for Youth. See Endnote 287.
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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.
‘‘(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 crosstraining 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;
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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;
‘‘(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;
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‘‘(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 Director shall
prepare, submit to Congress, and make widely available, including through electronic means, summaries that contain information on—
‘‘(1) the activities implemented by the recipients of the grants awarded under this section; and
‘‘(2) related initiatives undertaken by the Director to promote attention to dating violence, domestic violence, sexual assault, and
stalking and their impact on young victims by—
‘‘(A) the staffs of courts;
‘‘(B) domestic violence, dating violence, sexual assault, and stalking victim service providers; and
‘‘(C) law enforcement agencies and community organizations.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $5,000,000 in each of fiscal
years 2007 through 2011.
‘‘SEC. 41203.219 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.
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VAWA 1994 §41203. Services, Education, Protection and Justice for Young Victims of Violence: Grants for Training and Collaboration on the Intersection Between Domestic
Violence and Child Maltreatment. See Endnote 288.
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‘‘(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.
‘‘(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;
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‘‘(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 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
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‘‘(E) may include any other such agencies or private nonprofit organizations and faith-based organizations, including
community-based organizations, with the capacity to provide effective help to the child and adult victims served by the
collaboration.
‘‘SEC. 41204.220 GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.
‘‘(a) SHORT TITLE.—This section may be cited as the ‘Supporting Teens through Education and Protection Act of 2005’ or the ‘STEP Act’.
‘‘(b) GRANTS AUTHORIZED.—The Attorney General, through the Director of the Office on Violence Against Women, is authorized to award
grants to middle schools and high schools that work with domestic violence and sexual assault experts to enable the schools—
‘‘(1) to provide training to school administrators, faculty, counselors, coaches, healthcare providers, security personnel, and other
staff on the needs and concerns of students who experience domestic violence, dating violence, sexual assault, or stalking, and the impact
of such violence on students;
‘‘(2) to develop and implement policies in middle and high schools regarding appropriate, safe responses to, and identification and
referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, or stalking,
including procedures for handling the requirements of court protective orders issued to or against students or school personnel, in a
manner that ensures the safety of the victim and holds the perpetrator accountable;
‘‘(3) to provide support services for students and school personnel, such as a resource person who is either on-site or on-call, and
who is an expert described in subsections (i)(2) and (i)(3), for the purpose of developing and strengthening effective prevention and
intervention strategies for students and school personnel experiencing domestic violence, dating violence, sexual assault or stalking;
‘‘(4) to provide developmentally appropriate educational programming to students regarding domestic violence, dating violence,
sexual assault, and stalking, and the impact of experiencing domestic violence, dating violence, sexual assault, and stalking on children and
youth by adapting existing curricula activities to the relevant student population;
‘‘(5) to work with existing mentoring programs and develop strong mentoring programs for students, including student athletes, to
help them understand and recognize violence and violent behavior, how to prevent it and how to appropriately address their feelings; and
‘‘(6) to conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the
development of the programs.
‘‘(c) AWARD BASIS.—The Director shall award grants and contracts under this section on a competitive basis.
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VAWA 1994 §41204. Services, Education, Protection and Justice for Young Victims of Violence: Grants to Combat Domestic Violence, Dating Violence, Sexual Assault, and
Stalking in Middle and High Schools. See Endnote 289.
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‘‘(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, 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.
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‘‘(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. 2164221 or 20 U.S.C. 921,222 a group of schools, or a school district;
‘‘(2) shall include a domestic violence victim service provider that has a history of working on domestic violence and the impact that
domestic violence and dating violence have on children and youth;
‘‘(3) shall include a sexual assault victim service provider, such as a rape crisis center, program serving tribal victims of sexual assault,
or coalition or other nonprofit nongovernmental organization carrying out a community-based sexual assault program, that has a history of
effective work concerning sexual assault and the impact that sexual assault has on children and youth; and
‘‘(4) may include a law enforcement agency, the State, Tribal, Territorial or local court, nonprofit nongovernmental organizations
and service providers addressing sexual harassment, bullying or gang-related violence in schools, and any other such agencies or nonprofit
nongovernmental organizations with the capacity to provide effective assistance to the adult, youth, and minor victims served by the
partnership.
‘‘(j) PRIORITY.—In awarding grants under this section, the Director shall give priority to entities that have submitted applications in
partnership with relevant courts or law enforcement agencies.
‘‘(k) REPORTING AND DISSEMINATION OF INFORMATION.—
‘‘(1) REPORTING.—Each of the entities that are members of the applicant partnership described in subsection (i), that receive a grant
under this section shall jointly prepare and submit to the Director every 18 months a report detailing the activities that the entities have
undertaken under the grant and such additional information as the Director shall require.
‘‘(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.—
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10 USC §2164. Department of Defense Schools: Department of Defense Domestic Dependent Elementary and Secondary Schools. See Endnote 36.
20 USC §921. Overseas Defense Dependents’ Education: Defense Dependents' Education System. See Endnote 93.
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‘‘(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.’’.
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SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) GRANTS AUTHORIZED.—
(1) IN GENERAL.—The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or
consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated
with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual
assault, and stalking on campuses, and to develop and strengthen victim services in cases involving such crimes against women on campuses, which
may include partnerships with local criminal justice authorities and community-based victim services agencies.
(2) AWARD BASIS.—The Attorney General shall award grants and contracts under this section on a competitive basis for a period of 3 years.
The Attorney General, through the Director of the Office on Violence Against Women, shall award the grants in amounts of not more than
$500,000 for individual institutions of higher education and not more than $1,000,000 for consortia of such institutions.
(3) EQUITABLE PARTICIPATION.—The Attorney General shall make every effort to ensure—
(A) the equitable participation of private and public institutions of higher education in the activities assisted under this section;
(B) the equitable geographic distribution of grants under this section among the various regions of the United States; and
(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 n 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
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victim services programs, including domestic violence, dating violence, sexual assault, and stalking victim services programs in the community in
which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the
institution shall, to the extent practicable, provide a victim services program on campus or create a victim services program in collaboration with a
community-based organization. The institution shall use not less than 20 percent of the funds made available through the grant for a victim
services program provided in accordance with this paragraph.
(5) To create, disseminate, or otherwise provide assistance and information about victims’ options on and off campus to bring disciplinary
or other legal action, including assistance to victims in immigration matters.
(6) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to
the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and
convictions with respect to the crimes of domestic violence, dating violence, sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved lighting and communications facilities but not including the construction of
buildings) on campuses to address the crimes of domestic violence, dating violence, sexual assault, and stalking.
(8) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce
domestic violence, dating violence, sexual assault, and stalking on campus.
(c) APPLICATIONS.—
(1) IN GENERAL.—In order to be eligible to be awarded a grant under this section for any fiscal year, an institution of higher education shall
submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe.
(2) CONTENTS.—Each application submitted under paragraph (1) shall—
(A) describe the need for grant funds and the plan for implementation for any of the purposes described in subsection (b);
(B) include proof that the institution of higher education collaborated with any non-profit, nongovernmental entities carrying out
other victim services programs, including domestic violence, dating violence, sexual assault, and stalking victim services programs in the
community in which the institution is located;
(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
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(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) 223 of the Higher Education Act of 1965 (20 U.S.C. 1092(f)).224
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)225 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 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.
223
20 USC §1092. Higher Education Resources and Student Assistance: Institutional and Financial Assistance Information for Students. See Endnote 94.
20 USC §1092. Higher Education Resources and Student Assistance: Institutional and Financial Assistance Information for Students. See Endnote 94.
225
20 USC §1092. Higher Education Resources and Student Assistance: Institutional and Financial Assistance Information for Students. See Endnote 94.
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(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 826226 of the Higher Education Amendments of 1998 (20 U.S.C. 1152)227 is repealed.
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20 USC §1152. Higher Education Resources and Student Assistance: Grants to Combat Violent Crimes Against Women on Campuses. See Endnote 95.
20 USC §1152. Higher Education Resources and Student Assistance: Grants to Combat Violent Crimes Against Women on Campuses. See Endnote 95.
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SEC. 305. JUVENILE JUSTICE.
Section 223(a)228 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a))229 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;’’.
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42 USC §5633. Juvenile Justice and Delinquency Prevention: State Plans. See Endnote 216.
42 USC §5633. Juvenile Justice and Delinquency Prevention: State Plans. See Endnote 216.
95
96
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 306. SAFE HAVENS.
Section 1301230 of the Victims of Trafficking and Violence Protection Act of 2000231 (42 U.S.C. 10420)232 is amended—
(1) by striking the section heading and inserting the following:
‘‘SEC. 10420.233 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,’’;
(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.
230
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
VAWA 2000 §1001 - 1603. See Endnote 308.
232
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
233
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
231
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97
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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.’’.
97
98
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE IV: STRENGTHENING AMERICA’S FAMILIES BY PREVENTING VIOLENCE
98
99
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.
The Violence Against Women Act of 1994234 (108 Stat. 1902 et seq.)235 is amended by adding at the end the following:
‘‘Subtitle M236—Strengthening America’s Families by Preventing Violence Against Women and Children
‘‘SEC. 41301.237 FINDINGS.
‘‘Congress finds that—
‘‘(1) the former United States Advisory Board on Child Abuse suggests that domestic violence may be the single major precursor to
child abuse and neglect fatalities in this country;
‘‘(2) studies suggest that as many as 10,000,000 children witness domestic violence every year;
‘‘(3) studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in
predicting a child’s violent behavior;
‘‘(4) a study by the Nurse-Family Partnership found that children whose parents did not participate in home visitation programs that
provided coaching in parenting skills, advice and support, were almost 5 times more likely to be abused in their first 2 years of life;
‘‘(5) a child’s exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner
violence as an adult;
‘‘(6) children exposed to domestic violence are more likely to believe that using violence is an effective means of getting one’s needs
met and managing conflict in close relationships;
‘‘(7) children exposed to abusive parenting, harsh or erratic discipline, or domestic violence are at increased risk for juvenile crime;
and
‘‘(8) in a national survey of more than 6,000 American families, 50 percent of men who frequently assaulted their wives also
frequently abused their children.
‘‘SEC. 41302.238 PURPOSE.
234
VAWA 1994 §40001 - 41501. See Endnote 250.
VCCLEA 1994 §1 - 330025. See Endnote 250.
236
VAWA 1994 §41301 - 41305. Strengthening America’s Families by Preventing Violence Against Women and Children. See Endnotes 290 - 294.
237
VAWA 1994 §41301. Strengthening America’s Families by Preventing Violence Against Women and Children: Findings. See Endnote 290.
235
99
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘The purpose of this subtitle is to—
‘‘(1) prevent crimes involving violence against women, children, and youth;
‘‘(2) increase the resources and services available to prevent violence against women, children, and youth;
‘‘(3) reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is
interrupted;
‘‘(4) develop and implement education and services programs to prevent children in vulnerable families from becoming victims or
perpetrators of domestic violence, dating violence, sexual assault, or stalking;
‘‘(5) promote programs to ensure that children and youth receive the assistance they need to end the cycle of violence and develop
mutually respectful, nonviolent relationships; and
‘‘(6) encourage collaboration among community-based organizations and governmental agencies serving children and youth,
providers of health and mental health services and providers of domestic violence, dating violence, sexual assault, and stalking victim
services to prevent violence against women and children.
‘‘SEC. 41303.239 GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General, acting through the Director of the Office on Violence Against Women, and in collaboration
with the Department of Health and Human Services, is authorized to award grants on a competitive basis to eligible entities for the purpose
of mitigating the effects of domestic violence, dating violence, sexual assault, and 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
238
239
VAWA 1994 §41302. Strengthening America’s Families by Preventing Violence Against Women and Children: Purpose. See Endnote 291.
VAWA 1994 §41303. Strengthening America’s Families by Preventing Violence Against Women and Children: Grants to Assist Children and Youth Exposed to Violence. See
Endnote 292.
100
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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—
‘‘(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.
101
102
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘SEC. 41304.240 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
240
VAWA 1994 §41304. Strengthening America’s Families by Preventing Violence Against Women and Children: Development of Curricula and Pilot Programs for Home Visitation
Projects. See Endnote 293.
102
103
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(2) describe in the application the policies and procedures that the entity has or will adopt to—
‘‘(A) enhance or ensure the safety and security of children and their nonabusing parent in homes already experiencing
domestic violence, dating violence, sexual assault, or stalking;
‘‘(B) ensure linguistically, culturally, and community relevant services for 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. 41305.241 ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL—The Attorney General, acting through the Director of the Office on Violence Against Women, and in collaboration
with the Department of Health and Human Services, shall award grants on a competitive basis to eligible entities for the purpose of
developing or enhancing programs related to engaging men and youth in preventing domestic violence, dating violence, sexual assault, and
stalking by helping them to develop mutually respectful, nonviolent relationships.
‘‘(2) TERM.—The Director shall make grants under this section for a period of 2 fiscal years.
‘‘(3) AWARD BASIS.—The Director shall award grants—
‘‘(A) considering the needs of underserved populations;
‘‘(B) awarding not less than 10 percent of such amounts for the funding of Indian tribes from the amounts made available
under this section for a fiscal year; and
241
VAWA 1994 §41305. Strengthening America’s Families by Preventing Violence Against Women and Children: Engaging Men and Youth in Preventing Domestic Violence, Dating
Violence, Sexual Assault, and Stalking. See Endnote 294.
103
104
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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—
‘‘(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—
104
105
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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;
‘‘(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.’’.
105
106
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) PURPOSES.—The Secretary of Health and Human Services acting through the National Center for Injury Prevention and Control at the Centers
for Disease Control Prevention shall make grants to entities, including domestic and sexual assault coalitions and programs, research organizations,
tribal organizations, and academic institutions to support research to examine prevention and intervention programs to further the understanding
of sexual and domestic violence by and against adults, youth, and children.
(b) USE OF FUNDS.—The research conducted under this section shall include evaluation and study of best practices for reducing and preventing
violence against women and children addressed by the strategies included in Department of Health and Human Services-related provisions this
title, including strategies addressing underserved communities.
(c) AUTHORIZATION OF APPROPRIATIONS.—There shall be authorized to be appropriated to carry out this title $2,000,000 for each of the fiscal
years 2007 through 2011.
106
107
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 403. PUBLIC AWARENESS CAMPAIGN.
(a) IN GENERAL.—The Attorney General, acting through the Office on Violence Against Women, shall make grants to States for carrying out a
campaign to increase public awareness of issues regarding domestic violence against pregnant women.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 2006 through 2010.
107
108
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE V: STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
108
109
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
110
111
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN DOMESTIC AND SEXUAL VIOLENCE.
Part D242 of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.)243 is amended by adding at the end the following:
‘‘SEC. 758.244 INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.
‘‘(a) GRANTS.—The Secretary, acting through the Director of the Health Resources and Services Administration, shall award grants under
this section to develop interdisciplinary training and education programs that provide undergraduate, graduate, postgraduate medical, nursing
(including advanced practice nursing students), and other health professions students with an understanding of, and clinical skills pertinent to,
domestic violence, sexual assault, stalking, and dating violence.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this section an entity shall—
‘‘(1) be an accredited school of allopathic or osteopathic medicine;
‘‘(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the
Secretary may require, including—
‘‘(A) information to demonstrate that the applicant includes the meaningful participation of a school of nursing and at least
one other school of health professions or graduate program in public health, dentistry, social work, midwifery, or behavioral and
mental health;
‘‘(B) strategies for the dissemination and sharing of curricula and other educational materials developed under the grant to
other interested medical and nursing schools and national resource repositories for materials on domestic violence and sexual
assault; and
‘‘(C) a plan for consulting with community-based coalitions or individuals who have experience and expertise in issues related
to domestic violence, sexual assault, dating violence, and stalking for services provided under the program carried out under the
grant.
‘‘(c) USE OF FUNDS.—
‘‘(1) REQUIRED USES.—Amounts provided under a grant under this section shall be used to—
242
42 USC §294g – g-10. Public Health Services: Interdisciplinary, Community-Based Linkages. See Endnote 122.
42 USC §294g – g-10. Public Health Services: Interdisciplinary, Community-Based Linkages. See Endnote 122.
244
42 USC §294g-10. Public Health Services: Interdisciplinary, Community-Based Linkages: Interdisciplinary Training and Education on Domestic Violence and Other Types of
Violence and Abuse. See Endnote 123.
243
111
112
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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.’’.
113
114
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
GRANTS.
Part P245 of title III of the Public Health Service Act (42 U.S.C. 280g et seq.)246 is amended by adding at the end the following:
‘‘SEC. 399O.247 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, 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.
245
42 USC §280g – g-4. Public Health Services: Additional Programs. See Endnote 120.
42 USC §280g – g-4. Public Health Services: Additional Programs. See Endnote 120.
247
42 USC §280g-4. Public Health Services: Additional Programs: Grants to Foster Public Health Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
See Endnote 121.
246
114
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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, 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.
115
116
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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.’’.
116
117
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE SETTING.
Subtitle B248 of the Violence Against Women Act of 1994249 (Public Law 103–322;250 108 Stat. 1902 et seq.),251 as amended by the Violence Against
Women Act of 2000252 (114 Stat. 1491 et seq.),253 and as amended by this Act, is further amended by adding at the end the following:
‘‘CHAPTER 11254—RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE AGAINST WOMEN
‘‘SEC. 40297.255 RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE SETTING.
‘‘(a) PURPOSE.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the
Agency for Healthcare Research and Quality, shall award grants and contracts to fund research on effective interventions in the health care setting
that prevent domestic violence, dating violence, and sexual assault across the lifespan and that prevent the health effects of such violence and
improve the safety and health of individuals who are currently being victimized.
‘‘(b) USE OF FUNDS.—Research conducted with amounts received under a grant or contract under this section shall include the following:
‘‘(1) With respect to the authority of the Centers for Disease Control and Prevention—
‘‘(A) research on the effects of domestic violence, dating violence, sexual assault, and childhood exposure to domestic,
dating, or sexual violence, on health behaviors, health conditions, and the health status of individuals, families, and populations;
‘‘(B) research and testing of best messages and strategies to mobilize public and health care provider action concerning the
prevention of domestic, dating, or sexual violence; and
‘‘(C) measure the comparative effectiveness and outcomes of efforts under this Act to reduce violence and increase women’s
safety.
‘‘(2) With respect to the authority of the Agency for Healthcare Research and Quality—
248
VAWA 1994 §40201 - 40297. Subtitle B: Safe Homes for Women. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
250
VCCLEA 1994 §1 - 330025. See Endnote 250.
251
VCCLEA 1994 §1 - 330025. See Endnote 250.
252
VAWA 2000 §1001 - 1603. See Endnote 308.
253
VAWA 2000 §1001 - 1603. See Endnote 308.
254
VAWA 1994 Chapter 11. Research on Effective Interventions to Address Violence Against Women. See Endnote 250.
255
VAWA 1994 §40297. Research on Effective Interventions to Address Violence Against Women: Research on Effective Interventions in the Health Care Setting. See Endnote 269.
249
117
118
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 256 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.’’.
256
42 USC §280g-4. Public Health Services: Additional Programs: Grants to Foster Public Health Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
See Endnote 121.
118
119
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE VI: HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND CHILDREN
119
120
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
The Violence Against Women Act of 1994257 (42 U.S.C. 13701 et seq.)258 is amended by adding at the end the following:
‘‘Subtitle N259—Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
‘‘SEC. 41401.260 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.
257
VAWA 1994 §40001 - 41501. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
259
VAWA 1994 §41401 - 41405. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. See Endnotes 295 - 299.
260
VAWA 1994 §41401. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Findings. See Endnote 295.
258
120
121
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(8) There are not enough Federal housing rent vouchers available to accommodate the number of people in need of 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. 41402.261 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.
261
VAWA 1994 §41402. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Purpose. See Endnote 296.
121
122
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘SEC. 41403.262 DEFINITIONS.
‘‘For purposes of this subtitle—
‘‘(1) the term ‘assisted housing’ means housing assisted—
‘‘(A) under sections 213,263 220,264 221(d)(3),265 221(d)(4),266 223(e),267 231,268 or 236269 of the National Housing Act (12 U.S.C.
1715l(d)(3),270 (d)(4),271 or 1715z–1);272
‘‘(B) under section 101273 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);274
‘‘(C) under section 202275 of the Housing Act of 1959 (12 U.S.C. 1701q);276
‘‘(D) under section 811277 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 8013);278
‘‘(E) under title II279 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12701 et seq.);280
‘‘(F) under subtitle D of title VIII281 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);282
262
VAWA 1994 §41403. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Definitions. See Endnote 297.
12 USC §1715e. National Housing: Cooperative Housing Insurance. See Endnote 39.
264
12 USC §1715k. National Housing: Rehabilitation and Neighborhood Conservation Housing Insurance. See Endnote 40.
265
12 USC §1715l. National Housing: Housing for Moderate Income and Displaced Families. See Endnote 41.
266
12 USC §1715l. National Housing: Housing for Moderate Income and Displaced Families. See Endnote 41.
267
12 USC §1715n. National Housing: Miscellaneous Mortgage Insurance. See Endnote 42.
268
12 USC §1715v. National Housing: Insurance of Mortgages for Housing for Elderly Persons. See Endnote 43.
269
12 USC §1715z-1. National Housing: Rental and Cooperative Housing for Lower Income Families. See Endnote 44.
270
12 USC §1715l. National Housing: Housing for Moderate Income and Displaced Families. See Endnote 41.
271
12 USC §1715l. National Housing: Housing for Moderate Income and Displaced Families. See Endnote 41.
272
12 USC §1715z-1. National Housing: Rental and Cooperative Housing for Lower Income Families. See Endnote 44.
273
12 USC §1701s. National Housing: Rent Supplement Payments for Qualified Lower Income Families. See Endnote 38.
274
12 USC §1701s. National Housing: Rent Supplement Payments for Qualified Lower Income Families. See Endnote 38.
275
12 USC §1701q. National Housing: Supportive Housing for the Elderly. See Endnote 37.
276
12 USC §1701q. National Housing: Supportive Housing for the Elderly. See Endnote 37.
277
42 USC §8013. Congregate Housing Services: Supportive Housing for Persons with Disabilities. See Endnote 218.
278
42 USC §8013. Congregate Housing Services: Supportive Housing for Persons with Disabilities. See Endnote 218.
279
42 USC §12701. National Affordable Housing: National Housing Pool. See Endnote 227.
280
42 USC §12701. National Affordable Housing: National Housing Pool. See Endnote 227.
281
42 USC §12901. Housing Opportunities for Persons with AIDS: Purpose. See Endnote 230.
282
42 USC §12901. Housing Opportunities for Persons with AIDS: Purpose. See Endnote 230.
263
122
123
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(G) under title I283 of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);284 or
‘‘(H) under section 8285 of the United States Housing Act of 1937 (42 U.S.C. 1437f);286
‘‘(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 8287 of the United States
Housing Act of 1937 (42 U.S.C. 1437f);288
‘‘(4) the term ‘public housing’ means housing described in section 3(b)(1) 289 of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(1));290
‘‘(5) the term ‘public housing agency’ means an agency described in section 3(b)(6)291 of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6));292
‘‘(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;
283
42 USC §5301. Community Development: Congressional Findings and Declaration of Purpose. See Endnote 214.
42 USC §5301. Community Development: Congressional Findings and Declaration of Purpose. See Endnote 214.
285
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
286
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
287
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
288
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
289
42 USC §1437a. Low-Income Housing: Rental Payments. See Endnote 124.
290
42 USC §1437a. Low-Income Housing: Rental Payments. See Endnote 124.
291
42 USC §1437a. Low-Income Housing: Rental Payments. See Endnote 124.
292
42 USC §1437a. Low-Income Housing: Rental Payments. See Endnote 124.
284
123
124
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 1309293 of the Elementary and Secondary Education Act of 1965; 20
U.S.C. 6399)294 who qualify as homeless under this section because the children are living in circumstances described in this
paragraph;
‘‘(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 SelfDetermination Act of 1996295 (25 U.S.C. 4101 et seq.);296 and
‘‘(9) the term ‘tribally designated housing entity’ means a housing entity described in the Native American Housing Assistance and
Self-Determination Act of 1996297 (25 U.S.C. 4103(21));298
‘‘SEC. 41404.299 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—
293
20 USC §6399. Strengthening and Improvement of Elementary and Secondary Schools: Definitions. See Endnote 96.
20 USC §6399. Strengthening and Improvement of Elementary and Secondary Schools: Definitions. See Endnote 96.
295
25 USC §4101. Native American Housing Assistance and Self Determination: Congressional Findings. See Endnotes 103 - 104.
296
25 USC §4101. Native American Housing Assistance and Self Determination: Congressional Findings. See Endnotes 103 - 104.
297
25 USC §4103. Native American Housing Assistance and Self Determination: Definitions. See Endnote 104.
298
25 USC §4103. Native American Housing Assistance and Self Determination: Definitions. See Endnote 104.
299
VAWA 1994 §41404. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Collaborative Grants to Increase the LongTerm Stability of Victims. See Endnote 298.
294
124
125
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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;
‘‘(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.
125
126
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 longterm 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.
‘‘(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
300
215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745).301
‘‘(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;
300
301
42 USC §12745. National Affordable Housing: Qualification as Affordable Housing. See Endnote 229.
42 USC §12745. National Affordable Housing: Qualification as Affordable Housing. See Endnote 229.
126
127
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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. 41405.302 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
302
VAWA 1994 §41405. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Grants to Combat Violence Against Women
in Public and Assisted Housing. See Endnote 299.
127
128
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
‘‘(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, there
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.
128
129
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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, 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.
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‘‘(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 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.
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‘‘(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.’’.
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SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
(a) IN GENERAL.—Section 40299303 of the Violence Against Women Act of 1994304 (42 U.S.C. 13975)305 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,’’;
(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);
303
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
304
VAWA 1994 §40001 - 41501. See Endnote 250.
305
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
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(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’’;
(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.’’.
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SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.
Section 5A306 of the United States Housing Act of 1937 (42 U.S.C. 1437c–1)307 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
(D) 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.’’.
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307
42 USC §1437c-1. Low-Income Housing: Public Housing Agency Plans. See Endnote 125.
42 USC §1437c-1. Low-Income Housing: Public Housing Agency Plans. See Endnote 125.
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SEC. 604. HOUSING STRATEGIES.
Section 105(b)(1)308 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)(1))309 is amended by inserting after
‘‘immunodeficiency syndrome,’’ the following: ‘‘victims of domestic violence, dating violence, sexual assault, and stalking’’.
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309
42 USC §12705. National Affordable Housing: State and Local Housing Strategies. See Endnote 228.
42 USC §12705. National Affordable Housing: State and Local Housing Strategies. See Endnote 228.
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SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 423310 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11383)311 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.
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311
42 USC §11383. Homeless Assistance: Eligible Activities. See Endnote 225.
42 USC §11383. Homeless Assistance: Eligible Activities. See Endnote 225.
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‘‘(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.’’.
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SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE VOUCHER PROGRAM.
Section 8312 of the United States Housing Act of 1937 (42 U.S.C. 1437f)313 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 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
312
313
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
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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 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;
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‘‘(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 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 314 of the Violence Against Women Act of
315
1994;
‘‘(9) the term ‘dating violence’ has the same meaning given the term in section 40002 316 of the Violence Against Women Act of
1994;317 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—
314
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
VAWA 1994 §40001 - 41501. See Endnote 250.
316
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
317
VAWA 1994 §40001 - 41501. See Endnote 250.
315
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‘‘(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 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;
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‘‘(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 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.
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‘‘(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 8318 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 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
318
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
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include the name of the perpetrator. The individual shall provide such certification within 14 business days after the owner,
manager, or public housing agency requests such certification.
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business days after
the owner, manager, public housing agency, or assisted housing provider has requested such certification in writing, nothing in this
subsection or in subsection (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5) may be construed to limit the
authority of an owner or manager to evict, or the public housing agency or assisted housing provider to terminate voucher
assistance for, any tenant or lawful occupant that commits violations of a lease. The owner, manager, public housing agency, or
assisted housing provider may extend the 14-day deadline at their discretion.
‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—
‘‘(i) providing the requesting owner, manager, or public housing agency with documentation signed by an employee,
agent, or volunteer of a victim service provider, an attorney, or a medical professional, from whom the victim has sought
assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse, in which
the professional attests under penalty of perjury (28 U.S.C. 1746)319 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 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).
319
28 USC §1746. Evidence; Documentary: Unsworn Declarations Under Penalty of Perjury. See Endnote 112.
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‘‘(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 8 320 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).’’.
320
42 USC §1437f. Low-Income Housing: Low-Income Housing Assistance. See Endnote 127.
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SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.
Section 6321 of the United States Housing Act of 1937 (42 U.S.C. 1437d)322 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 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
321
322
42 USC §1437d. Low-Income Housing: Contract Provisions and Requirements; Loans and Annual Contributions. See Endnote 126.
42 USC §1437d. Low-Income Housing: Contract Provisions and Requirements; Loans and Annual Contributions. See Endnote 126.
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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 individual is a victim of domestic violence, dating violence, or stalking, and that the
incident or incidents in question are bona fide incidents of such actual or threatened abuse and meet the requirements set forth in
the aforementioned paragraphs. Such certification shall include the name of the perpetrator. The individual shall provide such
certification within 14 business days after the public housing agency requests such certification.
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business days after
the public housing agency has requested such certification in writing, nothing in this subsection, or in paragraph (5) or (6) of
subsection (l), may be construed to limit the authority of the public housing agency to evict any tenant or lawful occupant that
commits violations of a lease. The public housing agency may extend the 14-day deadline at its discretion.
‘‘(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by—
‘‘(i) providing the requesting public housing agency with documentation signed by an employee, agent, or volunteer
of a victim service provider, an attorney, or a medical professional, from whom the victim has sought assistance in addressing
domestic violence, dating violence, or stalking, or the effects of the abuse, in which the professional attests under penalty of
perjury (28 U.S.C. 1746)323 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.
323
28 USC §1746. Evidence; Documentary: Unsworn Declarations Under Penalty of Perjury. See Endnote 112.
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‘‘(D) LIMITATION.—Nothing in this subsection shall be construed to require any public housing agency to demand that an
individual produce official documentation or physical proof of the individual’s status as a victim of domestic violence, dating
violence, or stalking in order to receive any of the benefits provided in this section. At the public housing agency’s discretion, a
public housing agency may provide benefits to an individual based solely on the individual’s statement or other corroborating
evidence.
‘‘(E) PREEMPTION.—Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law
that provides greater protection than this section for victims of domestic violence, dating violence, or stalking.
‘‘(F) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this statute by a
public housing agency, or assisted housing provider based on the certification specified in subparagraphs (A) and (B) of this
subsection or based solely on the victim’s statement or other corroborating evidence, as permitted by subparagraph (D) of this
subsection, shall not alone be sufficient to constitute evidence of an unreasonable act or omission by a public housing agency or
employee thereof. Nothing in this subparagraph shall 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 6324 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 40002325 of the Violence Against Women
Act of 1994;326
324
42 USC §1437d. Low-Income Housing: Contract Provisions and Requirements; Loans and Annual Contributions. See Endnote 126.
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‘‘(B) the term ‘dating violence’ has the same meaning given the term in section 40002 327 of the Violence Against Women Act
of 1994;328
‘‘(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.’’.
325
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
VAWA 1994 §40001 - 41501. See Endnote 250.
327
VAWA 1994 §40002. Definitions and Grant Provisions. See Endnote 264.
328
VAWA 1994 §40001 - 41501. See Endnote 250.
326
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TITLE VII: PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
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SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Subtitle N329 of the Violence Against Women Act of 1994330 (Public Law 103–322;331 108 Stat. 1902)332 is amended by adding at the end the
following:
‘‘Subtitle O333—National Resource Center
‘‘SEC. 41501.334 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.—
329
VAWA 1994 §41401 - 41405. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. See Endnotes 295 - 299.
VAWA 1994 §40001 - 41501. See Endnote 250.
331
VAWA 1994 §40001 - 41501. See Endnote 250.
332
VAWA 1994 §40001 - 41501. See Endnote 250.
333
VAWA 1994 §41501. National Resource Center. See Endnote 300.
334
VAWA 1994 §41501. National Resource Center: Grant for National Resource Center on Workplace Responses to Assist Victims of Domestic and Sexual Violence. See Endnote
300.
330
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‘‘(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—
‘‘(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.’’.
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TITLE VIII: PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
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SUBTITLE A—VICTIMS OF CRIME
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SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.
(a) TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS OF TRAFFICKING.— Section 101(a)(15)(T)335 of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T))336 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:
‘‘(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)337 of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U))338 is amended—
335
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
337
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
338
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
336
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(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)339 of the Immigration and Nationality Act (8 U.S.C. 1101(i))340 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’’.
339
340
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
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SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS.
(a) IN GENERAL.—Section 212(a)(9)(B)(iii)341 of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii))342 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 103343 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102))344 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)345 of the Immigration and Nationality Act (8 U.S.C. 1182(d))346 are
amended by striking ‘‘Attorney General’’ each place it appears and inserting ‘‘Secretary of Homeland Security’’.
341
8 USC §1182. Immigration and Nationality: Inadmissible Aliens. See Endnote 11.
8 USC §1182. Immigration and Nationality: Inadmissible Aliens. See Endnote 11.
343
22 USC §7102. Trafficking Victims Protection: Definitions. See Endnote 98.
344
22 USC §7102. Trafficking Victims Protection: Definitions. See Endnote 98.
345
8 USC §1182. Immigration and Nationality: Inadmissible Aliens. See Endnote 11.
346
8 USC §1182. Immigration and Nationality: Inadmissible Aliens. See Endnote 11.
342
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SEC. 803. ADJUSTMENT OF STATUS.
(a) VICTIMS OF TRAFFICKING.—Section 245(l)347 of the Immigration and Nationality Act (8 U.S.C. 1255(l))348 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 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)349 of the Immigration and Nationality Act (8 U.S.C. 1255(m))350 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’’.
347
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
349
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
350
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
348
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SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND DEPARTMENT OF HOMELAND SECURITY ROLES.—Section 107351 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105)352 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)353 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E))354 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)355 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(e))356 is amended by striking ‘‘Attorney General’’ each place it occurs and inserting ‘‘Secretary of Homeland Security’’.
351
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
353
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
354
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
355
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
356
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
352
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(d) ANNUAL REPORT.—Section 107(g)357 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(g))358 is amended by inserting ‘‘or the
Secretary of Homeland Security’’ after ‘‘Attorney General’’.
357
358
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
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SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.
(a) AGING OUT CHILDREN.—Section 204(a)(1)(D)359 of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D))360 is amended—
(1) in clause (i)—
(A) in subclause (I), by inserting ‘‘or section 204(a)(1)(B)(iii)’’ 361 after ‘‘204(a)(1)(A)’’362 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),363 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 245364 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)365 of the Immigration and Nationality Act (8 U.S.C. 1151(f))366 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 selfpetitioners.’’.
(2) CHILDREN RULES.—Section 203(h)367 of the Immigration and Nationality Act (8 U.S.C. 1153(h))368 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 selfpetitioners.’’.
359
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
361
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
362
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
363
8 USC §1153. Immigration and Nationality: Allocation of Immigrant Visas. See Endnote 9.
364
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
365
8 USC §1151. Immigration and Nationality: Worldwide Level of Immigration. See Endnote 8.
366
8 USC §1151. Immigration and Nationality: Worldwide Level of Immigration. See Endnote 8.
367
8 USC §1153. Immigration and Nationality: Allocation of Immigrant Visas. See Endnote 9.
368
8 USC §1153. Immigration and Nationality: Allocation of Immigrant Visas. See Endnote 9.
360
161
162
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(c) LATE PETITION PERMITTED FOR IMMIGRANT SONS AND DAUGHTERS BATTERED AS CHILDREN.—
(1) IN GENERAL.—Section 204(a)(1)(D)369 of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)),370 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)371 of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i))372 is amended by inserting before the colon the following: ‘‘or if the child has been
battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household’’.
369
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
371
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
372
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
370
162
163
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE B—VAWA SELF-PETITIONERS
163
164
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.
Section 101(a)373 of the Immigration and Nationality Act (8 U.S.C. 1101(a))374 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);375
‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B);376
‘‘(C) section 216(c)(4)(C);377
‘‘(D) the first section of Public Law 89–732378 (8 U.S.C. 1255 note)379 (commonly known as the Cuban Adjustment Act)380 as a child or
spouse who has been battered or subjected to extreme cruelty;
‘‘(E) section 902(d)(1)(B)381 of the Haitian Refugee Immigration Fairness Act of 1998382 (8 U.S.C. 1255 note);383
‘‘(F) section 202(d)(1)384 of the Nicaraguan Adjustment and Central American Relief Act;385 or
‘‘(G) section 309386 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996387 (division C of Public Law 104–
208).’’.388
373
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
375
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
376
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
377
8 USC §1186a. Immigration and Nationality: Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters. See Endnote 13.
378
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
379
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
380
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
381
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
382
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
383
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
384
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
385
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
386
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
387
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
388
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
374
164
165
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.
Section 240B(d)389 of the Immigration and Nationality Act (8 U.S.C. 1229c(d))390 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, 391 245,392
248,393 and 249.394
‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The restrictions on relief under paragraph (1) shall not apply to relief under section
240A395 or 245396 on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section 240A(b)(2),397 or under section
244(a)(3)398 (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.’’.
389
8 USC §1229c. Immigration and Nationality: Voluntary Departure. See Endnote 19.
8 USC §1229c. Immigration and Nationality: Voluntary Departure. See Endnote 19.
391
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
392
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
393
8 USC §1258. Immigration and Nationality: Change of Nonimmigrant Classification. See Endnote 27.
394
8 USC §1259. Immigration and Nationality: Immigration and Nationality: Record of Admission for Permanent Residence in the case of Certain Aliens who Entered the United
States Prior to January 1, 1972. See Endnote 28.
395
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
396
8 USC §1255. Immigration and Nationality: Adjustment of Status of Nonimmigrant to that of Person Admitted for Permanent Residence. See Endnote 23.
397
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
398
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
390
165
166
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 813. REMOVAL PROCEEDINGS.
(a) EXCEPTIONAL CIRCUMSTANCES.—
(1) IN GENERAL.—Section 240(e)(1)399 of the Immigration and Nationality Act (8 U.S.C. 1229a(e)(1))400 is amended by striking ‘‘serious illness
of the alien’’ and inserting ‘‘battery or extreme 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 1994,401 cases involving nonimmigrants described in subparagraph (T) or (U) of section
101(a)(15)402 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),403 and relief under section 240A(b)(2)404 or 244(a)(3)405 of such Act (as in
effect on March 31, 1997) pursuant to regulations under section 212.2406 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)407 of the Immigration and Nationality Act (8 U.S.C. 1229b(b))408 is amended—
(A) in paragraph (1)(C), by striking ‘‘(except in a case described in section 237(a)(7) 409 where the Attorney General exercises
discretion to grant a waiver)’’ and inserting ‘‘, subject to paragraph (5)’’;
399
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
401
VAWA 1994 §40001 - 41501. See Endnote 250.
402
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
403
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
404
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
405
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
406
8 CFR §212.2. Aliens and Nationality: Consent to reapply for admission after deportation, removal or departure at Government expense. See Endnote 322.
407
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
408
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
400
166
167
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(B) in paragraph (2)(A)(iv), by striking ‘‘(except in a case described in section 237(a)(7) 410 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)411 may
apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of removal and adjustment of status proceeding.’’.
409
8 USC §1227. Immigration and Nationality: Deportable Aliens. See Endnote 15.
8 USC §1227. Immigration and Nationality: Deportable Aliens. See Endnote 15.
411
8 USC §1227. Immigration and Nationality: Deportable Aliens. See Endnote 15.
410
167
168
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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)412 of the Violence Against Women Act of 2000413 (8 U.S.C. 1229a note;414 division B of Public Law
106–386)415 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)416 of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)); 417
‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B)418 of such Act (8 U.S.C. 1154(a)(1)(B));419
‘‘(III) section 244(a)(3)420 of such Act (8 U.S.C. 8 U.S.C. 1254(a)(3));421
‘‘(IV) the first section of Public Law 89–732422 (8 U.S.C. 1255 note)423 (commonly known as the Cuban Adjustment
Act)424 as a child or spouse who has been battered or subjected to extreme cruelty; or
‘‘(V) section 902(d)(1)(B)425 of the Haitian Refugee Immigration Fairness Act of 1998426 (8 U.S.C. 1255 note);427 and’’;
and
412
VAWA 2000 §1506. Restoring Immigration Protections Under the Violence Against Women Act of 1994. See Endnote 311.
VAWA 2000 §1001 - 1603. See Endnote 308.
414
VAWA 2000 §1506. Restoring Immigration Protections Under the Violence Against Women Act of 1994. See Endnote 311.
415
VAWA 2000 §1001 - 1603. See Endnote 308.
416
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
417
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
418
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
419
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
420
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
421
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
422
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
423
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
424
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
425
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
426
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
427
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
413
168
169
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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))’’428 and inserting ‘‘for relief described in
subparagraph (A)(i)’’.
(b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF-PETITIONERS.— Section 204(a)(1)429 of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1))430 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. 106.431 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) 432 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). 433
‘‘(b) CONSTRUCTION.—The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of
relief.’’.
428
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
430
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
431
8 USC §1105a. Immigration and Nationality: Employment Authorization for Battered Spouses of Certain Nonimmigrants. See Endnote 7.
432
8 USC §1105a. Immigration and Nationality: Employment Authorization for Battered Spouses of Certain Nonimmigrants. See Endnote 7.
433
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
429
169
170
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(d) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 105 434 the following new
item: ‘‘Sec. 106.435 Employment authorization for battered spouses of certain nonimmigrants.’’.
(e) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1)436 of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) 437 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)438 may not file a petition for classification under this section or section 214439 to
classify any person who committed the battery or extreme cruelty or trafficking against the individual (or the individual’s child) which established
the individual’s (or individual’s child) eligibility as a VAWA petitioner or for such nonimmigrant status.’’.
434
8 USC §1105. Immigration and Nationality: Liaison with Internal Security Officers; Data Exchange. See Endnote 6.
8 USC §1105a. Immigration and Nationality: Employment Authorization for Battered Spouses of Certain Nonimmigrants. See Endnote 7.
436
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
437
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
438
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
439
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
435
170
171
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF.
(a) IN GENERAL.—Section 202(d)(1)440 of the Nicaraguan Adjustment and Central American Relief Act441 (8 U.S.C. 1255 note; Public Law 105–100)442
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)443 of such Act (8 U.S.C. 1255 note;444 Public Law 105–100)445 is amended by striking
‘‘204(a)(1)(H)’’446 and inserting ‘‘204(a)(1)(J)’’.447
(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 2000448 (division B of Public Law 106–386;449 114 Stat. 1491).450
440
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
442
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
443
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
444
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
445
8 USC §1255 Note. Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees. See Endnote 25.
446
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
447
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
448
VAWA 2000 §1001 - 1603. See Endnote 308.
449
VAWA 2000 §1001 - 1603. See Endnote 308.
450
VAWA 2000 §1001 - 1603. See Endnote 308.
441
171
172
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 816. SELF-PETITIONING PARENTS.
Section 204(a)(1)(A)451 of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A))452 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)453 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); 454
‘‘(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.’’.
451
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
453
8 USC §1151. Immigration and Nationality: Worldwide Level of Immigration. See Endnote 8.
454
8 USC §1151. Immigration and Nationality: Worldwide Level of Immigration. See Endnote 8.
452
172
173
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE.
Section 384455 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367)456 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)—
(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) 457 of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)),458 under section 107(b)(1)(E)(i)(II)(bb)459 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105),460 under
section 244(a)(3)461 of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), 462 as in effect prior to March 31, 1999, or as a
VAWA selfpetitioner (as defined in section 101(a)(51) 463 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)),464 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
455
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
457
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
458
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
459
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
460
22 USC §7105. Trafficking Victims Protection: Protection and Assistance for Victims of Trafficking. See Endnote 99.
461
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
462
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
463
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
464
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
456
173
174
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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)465 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) 466 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.’’.
465
466
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1229. Immigration and Nationality: Initiation of Removal Proceedings. See Endnote 16.
174
175
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE C—MISCELLANEOUS AMENDMENTS
175
176
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 821. DURATION OF T AND U VISAS.
(a) T VISAS.—Section 214(o)467 of the Immigration and Nationality Act (8 U.S.C. 1184(o))468 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)469 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) 470 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)471 of the Immigration and Nationality Act (8 U.S.C. 1184(p))472 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) 473 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)474 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 248475 of the Immigration and Nationality Act (8 U.S.C. 1258)476 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
467
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
469
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
470
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
471
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
472
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
473
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
474
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
475
8 USC §1258. Immigration and Nationality: Change of Nonimmigrant Classification. See Endnote 27.
476
8 USC §1258. Immigration and Nationality: Change of Nonimmigrant Classification. See Endnote 27.
468
176
177
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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).’’.477
(2) CONFORMING AMENDMENT.—Section 214(l)(2)(A)478 of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) 479 is amended by
striking ‘‘248(2)’’480 and inserting ‘‘248(a)(2)’’.481
477
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
479
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
480
8 USC §1258. Immigration and Nationality: Change of Nonimmigrant Classification. See Endnote 27.
481
8 USC §1258. Immigration and Nationality: Change of Nonimmigrant Classification. See Endnote 27.
478
177
178
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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)482 of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B))483 is amended—
(1) in the first sentence, by striking ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and Certification.
(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)484 of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) 485 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)486 of the Immigration and Nationality Act (8 U.S.C. 1101(f)(3))487 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) 488 of the Immigration Act
of 1990489 (Public Law 101–649;490 104 Stat. 5082).491
482
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
484
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
485
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
486
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
487
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
488
PL 101-649 §603. Immigration Act of 1990: Conforming Amendments. See Endnote 249.
489
PL 101-649. Immigration Act of 1990. See Endnote 249.
490
PL 101-649. Immigration Act of 1990. See Endnote 249.
491
PL 101-649. Immigration Act of 1990. See Endnote 249.
483
178
179
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN ADJUSTMENT.
(a) IN GENERAL.—The first section of Public Law 89–732492 (8 U.S.C. 1255 note)493 (commonly known as the Cuban Adjustment Act)494 is
amended—
(1) in the last sentence, by striking ‘‘204(a)(1)(H)’’495 and inserting ‘‘204(a)(1)(J)’’;496 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 2000497 (division B of Public Law 106–386;498 114 Stat. 1491).499
492
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
494
8 USC §1255 Note. Immigration and Nationality: Public Law 89-732: Cuban Refugees. See Endnote 24.
495
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
496
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
497
VAWA 2000 §1001 - 1603. See Endnote 308.
498
VAWA 2000 §1001 - 1603. See Endnote 308.
499
VAWA 2000 §1001 - 1603. See Endnote 308.
493
179
180
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.
(a) IN GENERAL.—Section 902(d)(1)(B)500 of the Haitian Refugee Immigration Fairness Act of 1998501 (8 U.S.C. 1255 note)502 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)’’503 and inserting ‘‘204(a)(1)(J)’’.504
(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 2000505 (division B of Public Law 106–386;506 114 Stat. 1491).507
500
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
502
8 USC §1255 Note. Immigration and Nationality: Public Law 105-277: Haitian Refugees. See Endnote 26.
503
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
504
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
505
VAWA 2000 §1001 - 1603. See Endnote 308.
506
VAWA 2000 §1001 - 1603. See Endnote 308.
507
VAWA 2000 §1001 - 1603. See Endnote 308.
501
180
181
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 825. MOTIONS TO REOPEN.
(a) REMOVAL PROCEEDINGS.—Section 240(c)(7)508 of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), 509 as redesignated by section
101(d)(1)510 of the REAL ID Act of 2005 (division B of Public Law 109–13),511 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)’’512 and inserting ‘‘, section 240A(b),513 or section 244(a)(3)514 (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) 515 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))516 pending the final disposition of the motion, including
exhaustion of all appeals if the motion establishes that the alien is a qualified alien.’’.
508
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
510
PL 109-13 §101. Real ID Act of 2005: Preventing Terrorists from Obtaining Relief from Removal. See Endnote 320.
511
PL 109-13 §101. Real ID Act of 2005: Preventing Terrorists from Obtaining Relief from Removal. See Endnote 320.
512
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
513
8 USC §1229b. Immigration and Nationality: Cancellation of Removal; Adjustment of Status. See Endnote 18.
514
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
515
8 USC §1641. Restricting Welfare and Public Benefits for Aliens: Definitions. See Endnote 35.
516
8 USC §1641. Restricting Welfare and Public Benefits for Aliens: Definitions. See Endnote 35.
509
181
182
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(b) DEPORTATION AND EXCLUSION PROCEEDINGS.—Section 1506(c)(2)517 of the Violence Against Women Act of 2000518 (8 U.S.C. 1229a note)519 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 309520 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996521 (8 U.S.C. 1101 note))— 522
‘‘(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)523 of the Immigration and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) 524 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)525 of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)),526 clause (ii) or (iii) of section 204(a)(1)(B)527 of such Act (8
U.S.C. 1154(a)(1)(B)),528 or section 244(a)(3)529 of such Act (as so in effect) (8 U.S.C. 1254(a)(3));530 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 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)531 of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)).532
517
VAWA 2000 §1506. Restoring Immigration Protections Under the Violence Against Women Act of 1994. See Endnote 311.
VAWA 2000 §1001 - 1603. See Endnote 308.
519
VAWA 2000 §1506. Restoring Immigration Protections Under the Violence Against Women Act of 1994. See Endnote 311.
520
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
521
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
522
8 USC §1101 Note. Immigration and Nationality: Public Law 104-208. See Endnote 5.
523
8 USC §1252b. Immigration and Nationality: Repealed. See Endnote 21.
524
8 USC §1252b. Immigration and Nationality: Repealed. See Endnote 21.
525
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
526
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
527
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
528
8 USC §1154. Immigration and Nationality: Procedure for Granting Immigrant Status. See Endnote 10.
529
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
530
8 USC §1254. Immigration and Nationality: Suspension of Deportation. See Endnote 22.
531
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
518
182
183
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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)533 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B))534 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 239535 of the Immigration and Nationality Act (8 U.S.C. 1229)536 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 384 537 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367)538 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,
532
8 USC §1229a. Immigration and Nationality: Removal Proceedings. See Endnote 17.
8 USC §1641. Restricting Welfare and Public Benefits for Aliens: Definitions. See Endnote 35.
534
8 USC §1641. Restricting Welfare and Public Benefits for Aliens: Definitions. See Endnote 35.
535
8 USC §1229. Immigration and Nationality: Initiation of Removal Proceedings. See Endnote 16.
536
8 USC §1229. Immigration and Nationality: Initiation of Removal Proceedings. See Endnote 16.
537
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
538
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
533
183
184
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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).’’.539
(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.
539
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
184
185
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 826. PROTECTING ABUSED JUVENILES.
Section 287540 of the Immigration and Nationality Act (8 U.S.C. 1357),541 as amended by section 726, is further amended by adding at the end the
following new clause:
‘‘(i) An alien described in section 101(a)(27)(J)542 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)543 of
such Act.’’.
540
8 USC §1357. Immigration and Nationality: Powers of Immigration Officers and Employees. See Endnote 30.
8 USC §1357. Immigration and Nationality: Powers of Immigration Officers and Employees. See Endnote 30.
542
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
543
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
541
185
186
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 384544 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).545
544
545
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
8 USC §1367. Immigration and Nationality: Penalties for Disclosure of Information. See Endnote 32.
186
187
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 546 (title V547 of
Public Law 106–386),548 this Act, and the amendments made by this Act.
546
VAWA 2000 §1501 - 1503. See Endnote 308.
VAWA 2000 §1501 - 1503. See Endnote 308.
548
VAWA 2000 §1001 - 1603. See Endnote 308.
547
187
188
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE D—INTERNATIONAL MARRIAGE BROKER REGULATION
188
189
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ‘‘International Marriage Broker Regulation Act of 2005’’.
189
190
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 832. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.
(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION ON PETITIONS FOR K NONIMMIGRANT PETITIONERS.—
(1) 214(d)549 AMENDMENT.—Section 214(d)550 of the Immigration and Nationality Act (8 U.S.C. 1184(d))551 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
‘‘(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
549
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
551
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
550
190
191
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 3552 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005.553
‘‘(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)554 AMENDMENT.—Section 214(r)555 of such Act (8 U.S.C. 1184(r))556 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 fiance´(e)s and spouses under clauses (i) and (ii) of section 101(a)(15)(K).557 Upon approval of a second visa petition under
552
VAWA 2005 §3. General Definitions and Grant Provisions. See above pages 8 – 19.
VAWA 2005 §3. General Definitions and Grant Provisions. See above pages 8 – 19.
554
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
555
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
556
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
557
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
553
191
192
Complied by the American Bar Association Commission on Domestic Violence – 2010.
section 101(a)(15)(K)558 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),559 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)560 of the International Marriage Broker Regulation Act of 2005561 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 3562 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005.563
‘‘(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.
558
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
560
VAWA 2005 §833. International Marriage Broker Regulation Act of 2005: Domestic Violence Information and Resources for Immigrants and Regulation of International
Marriage Brokers. See below pages 194 – 203.
561
VAWA 2005 §831 – 834. International Marriage Broker Regulation Act of 2005. See above pages 189 – 208.
562
VAWA 2005 §3. General Definitions and Grant Provisions. See above pages 8 – 19.
563
VAWA 2005 §3. General Definitions and Grant Provisions. See above pages 8 – 19.
559
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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)564 of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K))565 is aware of any information disclosed under the amendments made by this section or
under section 833566 shall not be used to deny the alien eligibility for relief under any other provision of law.
564
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
566
VAWA 2005 §833. International Marriage Broker Regulation Act of 2005: Domestic Violence Information and Resources for Immigrants and Regulation of International
Marriage Brokers. See below pages 194 – 203.
565
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) INFORMATION FOR K NONIMMIGRANTS ON LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT VICTIMS OF DOMESTIC VIOLENCE.—
(1) IN GENERAL.—The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, shall develop
an information pamphlet, as described 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.—
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(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 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 214 567 of such Act (8 U.S.C.
1184).568
(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 214 569 of such Act (8
U.S.C. 1184).570 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.
567
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
569
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
570
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
568
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(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 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 familybased 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
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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.—
(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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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 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
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
(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:
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(1) CRIME OF VIOLENCE.—The term ‘‘crime of violence’’ has the meaning given such term in section 16 of title 18,571 United States Code.
(2) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ has the meaning given such term in section 3572 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 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)573
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)).574
(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
571
18 USC §16. General Provisions: Crime of Violence Defined. See Endnote 46.
VAWA 2005 §3. General Definitions and Grant Provisions. See above pages 8 – 19.
573
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
574
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
572
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
(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 832575 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 214 576 of
the Immigration and Nationality Act (8 U.S.C. 1184),577 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)578 of the Immigration and Nationality Act, as amended by this Act;
575
VAWA 2005 §832. International Marriage Broker Regulation Act of 2005: Access to VAWA Protection Regardless of Manner of Entry. See above pages 190 – 194.
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
577
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
578
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
576
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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)579 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 832 580 and this section 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).
579
580
8 USC §1184. Immigration and Nationality: Admission of Nonimmigrants. See Endnote 12.
VAWA 2005 §832. International Marriage Broker Regulation Act of 2005: Access to VAWA Protection Regardless of Manner of Entry. See above pages 190 – 194.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(g) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Section 652581 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division
C of Public Law 104–208;582 8 U.S.C. 1375)583 is hereby repealed.
581
8 USC §1375. Immigration and Nationality: Mail-Order Bride Business. See Endnote 34.
8 USC §1375. Immigration and Nationality: Mail-Order Bride Business. See Endnote 34.
583
8 USC §1375. Immigration and Nationality: Mail-Order Bride Business. See Endnote 34.
582
203
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 834. SHARING OF CERTAIN INFORMATION.
Section 222(f)584 of the Immigration and Nationality Act (8 U.S.C. 1202(f))585 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) 586 of such Act (8 U.S.C. 1101(a)(15)(K))587 for the limited purposes
of fulfilling disclosure obligations imposed by the amendments made by section 832(a)588 or by section 833,589 including reporting obligations of the
Comptroller General of the United States under section 833(f).590
584
8 USC §1202. Immigration and Nationality: Application for Visas. See Endnote 14.
8 USC §1202. Immigration and Nationality: Application for Visas. See Endnote 14.
586
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
587
8 USC §1101. Immigration and Nationality: Definitions. See Endnote 4.
588
VAWA 2005 §832. International Marriage Broker Regulation Act of 2005: Access to VAWA Protection Regardless of Manner of Entry. See above pages 190 – 194.
589
VAWA 2005 §833. International Marriage Broker Regulation Act of 2005: Domestic Violence Information and Resources for Immigrants and Regulation of International
Marriage Brokers. See above pages 194 – 203.
590
VAWA 2005 §833. International Marriage Broker Regulation Act of 2005: Domestic Violence Information and Resources for Immigrants and Regulation of International
Marriage Brokers. See above pages 194 – 203.
585
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE IX: SAFETY FOR INDIAN WOMEN
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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 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.
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SEC. 902. PURPOSES.
The purposes of this title are—
(1) to decrease the incidence of violent crimes against Indian women;
(2) to strengthen the capacity of Indian tribes to exercise their sovereign authority to respond to violent crimes committed against Indian
women; and
(3) to ensure that perpetrators of violent crimes committed against Indian women are held accountable for their criminal behavior.
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SEC. 903. CONSULTATION.
(a) IN GENERAL.—The Attorney General shall conduct annual consultations with Indian tribal governments concerning the Federal administration of
tribal funds and programs established under this Act, the Violence Against Women Act of 1994 591 (title IV592 of Public Law 103–322;593 108 Stat.
1902)594 and the Violence Against Women Act of 2000595 (division B596 of Public Law 106–386;597 114 Stat. 1491).598
(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.
591
VAWA 1994 §40001 - 41501. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
593
VCCLEA 1994 §1 - 330025. See Endnote 250.
594
VCCLEA 1994 §1 - 330025. See Endnote 250.
595
VAWA 2000 §1001 - 1603. See Endnote 308.
596
VAWA 2000 §1001 - 1603. See Endnote 308.
597
VAWA 2000 §1001 - 1603. See Endnote 308.
598
VAWA 2000 §1001 - 1603. See Endnote 308.
592
208
209
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) NATIONAL BASELINE STUDY.—
(1) IN GENERAL.—The National Institute of Justice, in consultation with the Office on Violence Against Women, shall conduct a national
baseline study to examine violence against Indian women in Indian country.
(2) SCOPE.—
(A) IN GENERAL.—The study shall examine violence committed against Indian women, including—
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) EVALUATION.—The study shall evaluate the effectiveness of Federal, State, tribal, and local responses to the violations described
in subparagraph (A) committed against Indian women.
(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.
209
210
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
210
211
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.
(a) ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.— Section 534 of title 28,599 United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The Attorney General shall permit Indian law enforcement agencies, in cases of
domestic violence, dating violence, sexual assault, and stalking, to enter information into Federal criminal information databases and to
obtain information from the databases.’’.
(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.
599
28 USC §534. Federal Bureau of Investigation: Acquisition, Preservation, and Exchange of Identification Records and Information; Appointment of Officials. See Endnote 108.
211
212
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 906. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) IN GENERAL.—Part T600 of title I601 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 602 is amended by
adding at the end the following:
‘‘SEC. 2017.603 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, including sexual assault and domestic violence victim services providers in the tribal or local
600
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
602
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
603
42 USC §3796gg-10. Grants to Combat Violent Crimes Against Women: Grants to Indian Tribal Governments. See Endnote 199.
601
212
213
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 non- Federal 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)604 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 1(b)(1))605 is amended to read as follows:
‘‘(1) Ten percent shall be available for grants under the program authorized in section 2007. 606 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 2101607 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh)608 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 2007.609 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)610 of the Violence Against Women Act of 1994611 (42 U.S.C. 13971(c)(3))612 is amended by striking paragraph (3) and inserting the
following:
604
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
606
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
607
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
608
42 USC §3796hh. Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. See Endnote 201.
609
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
610
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
605
213
214
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 2007613 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 1301614 of the Violence Against Women Act of
2000615 (42 U.S.C. 10420)616 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 2007617 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)618 of the Violence Against Women Act of 1994619 (42 U.S.C. 13975(g))620 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 2007621 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.’’.
Assistance. See Endnote 268.
VAWA 1994 §40001 - 41501. See Endnote 250.
612
VAWA 1994 §40295. Rural Domestic Violence and Child Abuse Enforcement: Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement
Assistance. See Endnote 268.
613
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
614
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
615
VAWA 2000 §1001 - 1603. See Endnote 308.
616
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
617
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
618
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
619
VAWA 1994 §40001 - 41501. See Endnote 250.
620
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
621
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
611
214
215
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(g) AUTHORIZATION OF FUNDS FROM THE LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS PROGRAM.—Section 1201(f)622 of the Violence
Against Women Act of 2000623 (42 U.S.C. 3796gg–6)624 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 2007625 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.’’.
622
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
VAWA 2000 §1001 - 1603. See Endnote 308.
624
42 USC §3796gg-6. Grants to Combat Violent Crimes Against Women: Legal Assistance for Victims. See Endnote 195.
625
42 USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
623
215
216
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T626 of title I627 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.), 628 as amended by section 906,629 is
amended by adding at the end the following:
‘‘SEC. 2018.630 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; 631
‘‘(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;
626
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
628
42 USC §3796gg - gg-11. Grants to Combat Violent Crimes Against Women. See Endnotes 184 - 200.
629
VAWA 2005 §906. Grants to Indian Tribal Governments. See above page 212-215.
630
42 USC §3796gg-11. Grants to Combat Violent Crimes Against Women Tribal Deputy. See Endnote 200.
631
VAWA 2005 §903. Consultation. See above page 208.
627
216
217
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 1994632 (title IV633 of Public Law 103–322;634 108 Stat. 1902),635 or the Violence Against Women Act
of 2000636 (division B of Public Law 106– 386;637 114 Stat. 1491)638 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.’’.
632
VAWA 1994 §40001 - 41501. See Endnote 250.
VAWA 1994 §40001 - 41501. See Endnote 250.
634
VCCLEA 1994 §1 - 330025. See Endnote 250.
635
VCCLEA 1994 §1 - 330025. See Endnote 250.
636
VAWA 2000 §1001 - 1603. See Endnote 308.
637
VAWA 2000 §1001 - 1603. See Endnote 308.
638
VAWA 2000 §1001 - 1603. See Endnote 308.
633
217
218
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.
(a) FIREARMS POSSESSION PROHIBITIONS.—Section 921(33)(A)(i) of title 18,639 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)640 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803(3))641 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 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;’’.
639
18 USC §921. Firearms: Definitions. See Endnote 53.
25 USC §2803. Indian Law Enforcement Reform: Law Enforcement Authority. See Endnote 102.
641
25 USC §2803. Indian Law Enforcement Reform: Law Enforcement Authority. See Endnote 102.
640
218
219
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
Chapter 7642 of title 18, United States Code, is amended by adding at the end the following:
‘‘§ 117.643 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,644 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.’’.
642
18 USC CH 7. Assault. See Endnote 47.
18 USC §117. Assault: Domestic Assault by an Habitual Offender. See Endnote 49.
644
18 USC CH 110A. Domestic Violence and Stalking. See Endnote 71.
643
219
220
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE X—DNA FINGERPRINTING
220
221
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘DNA Fingerprint Act of 2005’’.
221
222
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA INDEX.
Section 210304645 of the DNA Identification Act of 1994 (42 U.S.C. 14132)646 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 3647 and 4648 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a,649 14135b),650 respectively), if the
Director receives, for each conviction of the person of a qualifying offense, 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).
645
42 USC §14132. Violent Crime Control and Law Enforcement: Index to Facilitate Law Enforcement Exchange of DNA Identification Information. See Endnote 237.
42 USC §14132. Violent Crime Control and Law Enforcement: Index to Facilitate Law Enforcement Exchange of DNA Identification Information. See Endnote 237.
647
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
648
42 USC §14135b. Violent Crime Control and Law Enforcement: Collection and use of DNA identification information from certain District of Columbia Offenders. See Endnote
240.
649
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
650
42 USC §14135b. Violent Crime Control and Law Enforcement: Collection and use of DNA identification information from certain District of Columbia Offenders. See Endnote
240.
646
222
223
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1003. EXPANDED USE OF CODIS GRANTS.
Section 2(a)(1)651 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)(1))652 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’’.
651
652
42 USC §14135. Violent Crime Control and Law Enforcement: The Debbie Smith DNA Backlog Grant Program. See Endnote 238.
42 USC §14135. Violent Crime Control and Law Enforcement: The Debbie Smith DNA Backlog Grant Program. See Endnote 238.
223
224
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.
(a) IN GENERAL.—Section 3653 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)654 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 510 655 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 18,656 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 of such a sample is
authorized pursuant to section 3657 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)’’658 after ‘‘period of release’’.
653
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
655
28 USC §510. The Attorney General: Delegation of Authority. See Endnote 106.
656
18 USC §3142. Release and Detention Pending Judicial Proceedings: Release or Detention of a Defendant Pending Trial. See Endnote 84.
657
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
658
42 USC §14135a. Violent Crime Control and Law Enforcement: Collection and Use of DNA Identification Information from Certain Federal Offenders. See Endnote 239.
654
224
225
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE OFFENSES.
Section 3297 of title 18,659 United States Code, is amended by striking ‘‘except for a felony offense under chapter 109A,’’.660
659
660
18 USC §3297. Limitations: Cases Involving DNA Evidence. See Endnote 87.
18 USC Chapter 109A. Sexual Abuse. See Endnote 66.
225
226
Complied by the American Bar Association Commission on Domestic Violence – 2010.
TITLE XI: DEPARTMENT OF JUSTICE REAUTHORIZATION
226
227
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
227
228
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 17 661 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 18 662 of the United States Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division: $144,451,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,626,146,000.
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal Bureau of Investigation: $5,761,237,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United States Marshals Service: $800,255,000.
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison System, including the National Institute of Corrections: $5,065,761,000.
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug Enforcement Administration: $1,716,173,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential character.
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.— For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$923,613,000.
661
662
17 USC. Copyrights. See Endnote 45.
18 USC CH 77. Peonage, Slavery, and Trafficking Persons. See Endnote 56.
228
229
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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, 663 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.
663
28 USC §524. The Attorney General: Authorization of Appropriations. See Endnote 107.
229
230
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
(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 17 664 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 18 665 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.
664
665
17 USC. Copyrights. See Endnote 45.
18 USC CH 77. Peonage, Slavery, and Trafficking Persons. See Endnote 56.
230
231
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(12) FEES AND EXPENSES OF WITNESSES.—For Fees and Expenses of Witnesses: $188,382,000, which shall include not to exceed $8,000,000
for construction of protected witness safesites.
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For Interagency Crime and Drug Enforcement: $688,418,000, for expenses not
otherwise provided for, for the investigation and prosecution of persons involved in organized crime drug trafficking, except that any funds
obligated from appropriations authorized by this paragraph may be used under authorities available to the organizations reimbursed from such
funds.
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the Foreign Claims Settlement Commission: $1,321,000.
(15) COMMUNITY RELATIONS SERVICE.—For the Community Relations Service: $10,149,000.
(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture Fund: $22,000,000 for expenses authorized by section 524 of title 28, 666 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.
666
28 USC §524. The Attorney General: Authorization of Appropriations. See Endnote 107.
231
232
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 17 667 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 18 668 of the United States Code.
(5) ANTITRUST DIVISION.—For the Antitrust Division: $156,238,000.
(6) UNITED STATES ATTORNEYS.—For United States Attorneys: $1,758,840,000.
(7) FEDERAL BUREAU OF INVESTIGATION.—For the Federal Bureau of Investigation: $6,231,354,000, which shall include not to exceed
$70,000 to meet unforeseen emergencies of a confidential character.
(8) UNITED STATES MARSHALS SERVICE.—For the United States Marshals Service: $865,556,000.
(9) FEDERAL PRISON SYSTEM.—For the Federal Prison System, including the National Institute of Corrections: $5,479,127,000.
(10) DRUG ENFORCEMENT ADMINISTRATION.—For the Drug Enforcement Administration: $1,856,213,000, which shall include not to
exceed $70,000 to meet unforeseen emergencies of a confidential character.
(11) BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.— For the Bureau of Alcohol, Tobacco, Firearms and Explosives:
$998,980,000.
667
668
17 USC. Copyrights. See Endnote 45.
18 USC CH 77. Peonage, Slavery, and Trafficking Persons. See Endnote 56.
232
233
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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, 669 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.
669
28 USC §524. The Attorney General: Authorization of Appropriations. See Endnote 107.
233
234
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 17 670 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 18 671 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.
670
671
17 USC. Copyrights. See Endnote 45.
18 USC CH 77. Peonage, Slavery, and Trafficking Persons. See Endnote 56.
234
235
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(12) FEES AND EXPENSES OF WITNESSES.—For Fees and Expenses of Witnesses: $203,755,000, which shall include not to exceed $8,000,000
for construction of protected witness safesites.
(13) INTERAGENCY CRIME AND DRUG ENFORCEMENT.—For Interagency Crime and Drug Enforcement: $744,593,000, for expenses not
otherwise provided for, for the investigation and prosecution of persons involved in organized crime drug trafficking, except that any funds
obligated from appropriations authorized by this paragraph may be used under authorities available to the organizations reimbursed from such
funds.
(14) FOREIGN CLAIMS SETTLEMENT COMMISSION.—For the Foreign Claims Settlement Commission: $1,429,000.
(15) COMMUNITY RELATIONS SERVICE.—For the Community Relations Service: $10,977,000.
(16) ASSETS FORFEITURE FUND.—For the Assets Forfeiture Fund: $22,000,000 for expenses authorized by section 524 of title 28, 672 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.
672
28 USC §524. The Attorney General: Authorization of Appropriations. See Endnote 107.
235
236
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1105. ORGANIZED RETAIL THEFT.
(a) NATIONAL DATA.—
(1) The Attorney General and the Federal Bureau of Investigation, in consultation with the retail community, shall establish a task force to
combat organized retail theft and provide expertise to the retail community for the establishment of a national database or clearinghouse housed
and maintained in the private sector to track and identify where organized retail theft type crimes are being committed in the United Sates. The
national database shall allow Federal, State, and local law enforcement officials as well as authorized retail companies (and authorized associated
retail databases) to transmit information into the database electronically and to review information that has been submitted electronically.
(2) The Attorney General shall make available funds to provide for the ongoing administrative and technological costs to federal law
enforcement agencies participating in the database project.
(3) The Attorney General through the Bureau of Justice Assistance in the Office of Justice may make grants to help provide for the
administrative and technological costs to State and local law enforcement agencies participating in the data base project.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for each of fiscal years 2006 through 2009, $5,000,000 for
educating and training federal law enforcement regarding organized retail theft, for investigating, apprehending and prosecuting individuals
engaged in organized retail theft, and 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).
236
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1106. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE.
(a) TASK FORCE.—
(1) The Attorney General shall establish the United States-Mexico Border Violence Task Force in Laredo, Texas, to combat drug and firearms
trafficking, violence, and kidnapping along the border between the United States and Mexico and to provide expertise to the law enforcement and
homeland security agencies along the border between the United States and Mexico. The Task Force shall include personnel from the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Immigration and Customs Enforcement, the Drug Enforcement Administration, Customs and Border
Protection, other Federal agencies (as appropriate), the Texas Department of Public Safety, and local law enforcement agencies.
(2) The Attorney General shall make available funds to provide for the ongoing administrative and technological costs to Federal, State, and
local law enforcement agencies participating in the Task Force.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $10,000,000 for each of the fiscal years 2006 through 2009,
for—
(1) the establishment and operation of the United States- Mexico 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.
237
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1107. NATIONAL GANG INTELLIGENCE CENTER.
(a) ESTABLISHMENT.—The Attorney General shall establish a National Gang Intelligence Center and gang information database to be housed at and
administered by the Federal Bureau of Investigation to collect, analyze, and disseminate gang activity information from—
(1) the Federal Bureau of Investigation;
(2) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
(3) the Drug Enforcement Administration;
(4) the Bureau of Prisons;
(5) the United States Marshals Service;
(6) the Directorate of Border and Transportation Security of the Department of Homeland Security;
(7) the Department of Housing and Urban Development;
(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.
238
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE B—IMPROVING THE DEPARTMENT OF JUSTICE’S GRANT PROGRAMS
239
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
CHAPTER 1—ASSISTING LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
240
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1111. MERGER OF BYRNE GRANT PROGRAM AND LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM.
(a) IN GENERAL.—Part E673 of title I674 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended as follows:
(1) Subpart 1675 of such part (42 U.S.C. 3751–3759)676 is repealed.
(2) Such part is further amended—
(A) by inserting before section 500677 (42 U.S.C. 3750)678 the following new heading:
‘‘Subpart 1679—Edward Byrne Memorial Justice Assistance Grant Program’’;
(B) by amending section 500680 to read as follows:
‘‘SEC. 500.681 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 506682 of this Act as such
section was in effect on the date of the enactment of the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through
673
42 USC §3750 – 3766b. Bureau of Justice Assistance Grant Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
675
42 USC §3750 - 3759. Drug Control and System Improvement Grant Program. See Endnotes 139 – 187.
676
42 USC §3750 - 3759. Drug Control and System Improvement Grant Program. See Endnotes 139 – 187.
677
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
678
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
679
42 USC §3750 - 3758. Edward Byrne Memorial Justice Assistance Grant Program. See Endnotes 139 - 147.
680
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
681
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
682
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
674
241
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
2009, shall be deemed to be a reference to section 505(a)683 of this Act as amended by the Department of Justice Appropriations
Authorization Act, Fiscal Years 2006 through 2009.’’; and
(C) by inserting after section 500684 the following new sections:
‘‘SEC. 501.685 DESCRIPTION.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made available to carry out this subpart, the Attorney General may, in accordance with the
formula established under section 505,686 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),687 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;
683
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
685
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
686
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
687
42 USC §3750. Edward Byrne Memorial Justice Assistance Grant Program: Name of Program. See Endnote 139.
684
242
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(2) units of local government; or
‘‘(3) tribal governments.
‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIVER.—
‘‘(1) Each program funded under this subpart shall contain a program assessment component, developed pursuant to guidelines
established by the Attorney General, in coordination with the National Institute of Justice.
‘‘(2) The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney
General, the program is not of sufficient size to justify a full program assessment.
‘‘(d) PROHIBITED USES.—Notwithstanding any other provision of this Act, no funds provided under this subpart may be used, directly or
indirectly, to provide any of the following matters:
‘‘(1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public
safety.
‘‘(2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to
provide such matters essential to the maintenance of public safety and good order—
‘‘(A) vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters);
‘‘(B) luxury items;
‘‘(C) real estate;
‘‘(D) construction projects (other than penal or correctional institutions); or
‘‘(E) any similar matters.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 percent of a grant made under this subpart may be used for costs incurred to administer
such grant.
‘‘(f) PERIOD.—The period of a grant made under this subpart shall be four years, except that renewals and extensions beyond that period
may be granted at the discretion of the Attorney General.
‘‘(g) RULE OF CONSTRUCTION.—Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided
under this subpart to provide security at a public event, such as a political convention or major sports event, so long as such security is provided
under applicable laws and procedures.
‘‘SEC. 502.688 APPLICATIONS.
688
42 USC §3752. Edward Byrne Memorial Justice Assistance Grant Program: Applications. See Endnote 141.
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‘‘To request a grant under this subpart, the chief executive officer of a State or unit of local government shall submit an application to the
Attorney General within 90 days after the date on which funds to carry out this subpart are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include the following:
‘‘(1) A certification that Federal funds made available under this subpart will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
‘‘(2) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the
Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government
(or to an organization designated by that governing body).
‘‘(3) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—
‘‘(A) the application (or amendment) was made public; and
‘‘(B) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or
community-based organizations, to the extent applicable law or established procedure makes such an opportunity available.
‘‘(4) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and
information (programmatic and financial) as the Attorney General may reasonably require.
‘‘(5) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant
(or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—
‘‘(A) the programs to be funded by the grant meet all the requirements of this subpart;
‘‘(B) all the information contained in the application is correct;
‘‘(C) there has been appropriate coordination with affected agencies; and
‘‘(D) the applicant will comply with all provisions of this subpart and all other applicable Federal laws.
‘‘SEC. 503.689 REVIEW OF APPLICATIONS.
‘‘The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this subpart
without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration.
‘‘SEC. 504.690 RULES.
689
690
42 USC §3753. Edward Byrne Memorial Justice Assistance Grant Program: Review of Applications. See Endnote 142.
42 USC §3754. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 143.
244
245
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘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. 505.691 FORMULA.
‘‘(a) ALLOCATION AMONG STATES.—
‘‘(1) IN GENERAL.—Of the total amount appropriated for this subpart, the Attorney General shall, except as provided in paragraph
(2), allocate—
‘‘(A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
‘‘(i) the total population of a State to—
‘‘(ii) the total population of the United States; and
‘‘(B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
‘‘(i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of
Investigation reported by such State for the three most recent years reported by such State to—
‘‘(ii) the average annual number of such crimes reported by all States for such years.
‘‘(2) MINIMUM ALLOCATION.—If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent
of the total amount (in this paragraph referred to as a ‘minimum allocation State’), then paragraph (1), as so carried out, shall not apply, and
the Attorney General shall instead—
‘‘(A) allocate 0.25 percent of the total amount to each State; and
‘‘(B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each
minimum allocation State, including the population of and the crimes reported by such State.
‘‘(b) ALLOCATION BETWEEN STATES AND UNITS OF LOCAL GOVERNMENT.—Of the amounts allocated under subsection (a)—
‘‘(1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and
‘‘(2) 40 percent shall be for grants to be allocated under subsection (d).
‘‘(c) ALLOCATION FOR STATE GOVERNMENTS.—
‘‘(1) IN GENERAL.—Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in section
501692 an amount that bears the same ratio of—
691
692
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
245
246
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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. 693
‘‘(d) ALLOCATIONS TO LOCAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—Of the amounts allocated under subsection (b)(2), grants for the purposes described in section 501 694 shall be
made directly to units of local government within each State in accordance with this subsection, subject to subsection (e).
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—From the amounts referred to in paragraph (1) with respect to a State (in this subsection referred to as
the ‘local amount’), the Attorney General shall allocate to each unit of local government an amount which bears the same ratio to
such share as the average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for
the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of
local government in the State in which the unit is located to the Federal Bureau of Investigation for such years.
‘‘(B) TRANSITIONAL RULE.—Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the Attorney General
shall allocate the local amount to units of local government in the same manner that, under the Local Government Law Enforcement
Block Grants program in effect immediately before the date of the enactment of this section, the reserved amount was allocated
among reporting and nonreporting units of local government.
‘‘(3) ANNEXED UNITS.—If a unit of local government in the State has been annexed since the date of the collection of the data used
by the Attorney General in making allocations pursuant to this section, the Attorney General shall pay the amount that would have been
allocated to such unit of local government to the unit of local government that annexed it.
‘‘(4) RESOLUTION OF DISPARATE ALLOCATIONS.—
‘‘(A) Notwithstanding any other provision of this subpart, if—
‘‘(i) the Attorney General certifies that a unit of local government bears more than 50 percent of the costs of
prosecution or incarceration that arise with respect to part 1 violent crimes reported by a specified geographically
constituent unit of local government; and
693
694
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
246
247
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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)695 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.
695
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
247
248
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(f) FUNDS NOT USED BY THE STATE.—If the Attorney General determines, on the basis of information available during any grant period,
that any allocation (or portion thereof) under this section to a State for such grant period will not be required, or that a State will be unable to
qualify or receive funds under this subpart, or that a State chooses not to participate in the program established under this subpart, then such
State’s allocation (or portion thereof) shall be awarded by the Attorney General to units of local government, or combinations thereof, within such
State, giving priority to those jurisdictions with the highest annual number of part 1 violent crimes of the Uniform Crime Reports reported by the
unit of local government to the Federal Bureau of Investigation for the three most recent calendar years for which such data are available.
‘‘(g) SPECIAL RULES FOR PUERTO RICO.—
‘‘(1) ALL FUNDS SET ASIDE FOR COMMONWEALTH GOVERNMENT.— Notwithstanding any other provision of this subpart, the
amounts allocated under subsection (a) to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto
Rico.
‘‘(2) NO LOCAL ALLOCATIONS.—Subsections (c) and (d) shall not apply to Puerto Rico.
‘‘(h) UNITS OF LOCAL GOVERNMENT IN LOUISIANA.—In carrying out this section with respect to the State of Louisiana, the term ‘unit of
local government’ means a district attorney or a parish sheriff.
‘‘SEC. 506.696 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 501,697 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
696
697
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
248
249
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established
under section 505.698
‘‘SEC. 507.699 INTEREST-BEARING TRUST FUNDS.
‘‘(a) TRUST FUND REQUIRED.—A State or unit of local government shall establish a trust fund in which to deposit amounts received under
this subpart.
‘‘(b) EXPENDITURES.—
‘‘(1) IN GENERAL.—Each amount received under this subpart (including interest on such amount) shall be expended before the date
on which the grant period expires.
‘‘(2) REPAYMENT.—A State or unit of local government that fails to expend an entire amount (including interest on such amount) as
required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the
grant period expires.
‘‘(3) REDUCTION OF FUTURE AMOUNTS.—If a State or unit of local government fails to comply with paragraphs (1) and (2), the
Attorney General shall reduce amounts to be provided to that State or unit of local government accordingly.
‘‘(c) REPAID AMOUNTS.—Amounts received as repayments under this section shall be subject to section 10[9]700 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. 508.701 AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this subpart $1,095,000,000 for fiscal year 2006 and such sums as may be necessary for
each of fiscal years 2007 through 2009.’’.
(b) REPEALS OF CERTAIN AUTHORITIES RELATING TO BYRNE GRANTS.—
(1) DISCRETIONARY GRANTS TO PUBLIC AND PRIVATE ENTITIES.— Chapter A702 of subpart 2703 of Part E704 of title I705 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3760– 3762)706 is repealed.
698
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
700
42 USC §3712g. Office of Justice Programs: Availability of Funds. See Endnote 136.
701
42 USC §3758. Edward Byrne Memorial Justice Assistance Grant Program: Authorization of Appropriations. See Endnote 147.
699
249
250
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(2) TARGETED GRANTS TO CURB MOTOR VEHICLE THEFT.— Subtitle B707 of title I of the Anti Car Theft Act of 1992 (42 U.S.C. 3750a–
3750d)708 is repealed.
(c) CONFORMING AMENDMENTS.—
(1) CRIME IDENTIFICATION TECHNOLOGY ACT.—Subsection (c)(2)(G) of section 102709 of the Crime Identification Technology Act of 1998 (42
U.S.C. 14601)710 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 I711 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended—
(A) in section 517712 (42 U.S.C. 3763),713 in subsection (a)(1), by striking ‘‘pursuant to section 511714 or 515’’715 and inserting
‘‘pursuant to section 515’’;716
(B) in section 520717 (42 U.S.C. 3766)718—
702
42 USC §3760 – 3762. Grants to Public and Private Entities. See Endnote 128.
42 USC §3760 – 3766b. Discretionary Grants. See Endnote 128.
704
42 USC §3750 – 3766b. Bureau of Justice Assistance Grant Programs. See Endnote 128.
705
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
706
42 USC §3760 – 3762. Grants to Public and Private Entities. See Endnotes 149 - 151.
707
42 USC §3750a – 3750d. Drug Control and System Improvement Grant Program. See Endnote 128.
708
42 USC §3750a – 3750d. Drug Control and System Improvement Grant Program. See Endnote 128.
709
42 USC §14601. Criminal Justice Identification, Information, and Communication: State grant program for criminal justice identification, information, and communication. See
Endnote 241.
710
42 USC §14601. Criminal Justice Identification, Information, and Communication: State grant program for criminal justice identification, information, and communication. See
Endnote 241.
711
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
712
42 USC §3763. General Requirements: Application Requirements. See Endnote 153.
713
42 USC §3763. General Requirements: Application Requirements. See Endnote 153.
714
42 USC §3761. Grants to Public and Private Entities: Allocation of Funds for Grants. See Endnote 150.
715
42 USC §3762a. Grants to Public and Private Entities: Correctional Options Grants. See Endnote 152.
716
42 USC §3762a. Grants to Public and Private Entities: Correctional Options Grants. See Endnote 152.
717
42 USC §3766. Administrative Provisions: Evaluation. See Endnote 154.
718
42 USC §3766. Administrative Provisions: Evaluation. See Endnote 154.
703
250
251
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(i) in subsection (a)(1), by striking ‘‘the program evaluations as required by section 501(c) 719 of this part’’ and inserting
‘‘program evaluations’’;
(ii) in subsection (a)(2), by striking ‘‘evaluations of programs funded under section 506720 (formula grants) and sections 511721
and 515722 (discretionary grants) of this part’’ and inserting ‘‘evaluations of programs funded under section 505 723 (formula grants)
and section 515724 (discretionary grants) of this part’’; and
(iii) in subsection (b)(2), by striking ‘‘programs funded under section 506725 (formula grants) and section 511726 (discretionary
grants)’’ and inserting ‘‘programs funded under section 505727 (formula grants)’’;
(C) in section 522728 (42 U.S.C. 3766b)729—
(i) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘section 506’’730 and inserting ‘‘section 505’’;731 and
(ii) in subsection (a)(1), by striking ‘‘an assessment of the impact of such activities on meeting the needs identified in the
State strategy submitted under section 503’’732 and inserting ‘‘an assessment of the impact of such activities on meeting the
purposes of subpart 1’’;733
(D) in section 801(b)734 (42 U.S.C. 3782(b)),735 in the matter following paragraph (5)—
(i) by striking ‘‘the purposes of section 501736 of this title’’ and inserting ‘‘the purposes of such subpart 1’’;737 and
719
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
721
42 USC §3761. Grants to Public and Private Entities: Allocation of Funds for Grants. See Endnote 150.
722
42 USC §3762a. Grants to Public and Private Entities: Correctional Options Grants. See Endnote 152.
723
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
724
42 USC §3762a. Grants to Public and Private Entities: Correctional Options Grants. See Endnote 152.
725
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
726
42 USC §3761. Grants to Public and Private Entities: Allocation of Funds for Grants. See Endnote 150.
727
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
728
42 USC §3766b. Administrative Provisions: Reports. See Endnote 155.
729
42 USC §3766b. Administrative Provisions: Reports. See Endnote 155.
730
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
731
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
732
42 USC §3753. Edward Byrne Memorial Justice Assistance Grant Program: Review of Applications. See Endnote 142.
733
42 USC §3750 - 3758. Edward Byrne Memorial Justice Assistance Grant Program. See Endnotes 139 - 147.
734
42 USC §3782. Administrative Provisions: Rules, Regulations, and Procedures; Consultations and Establishment. See Endnote 161.
735
42 USC §3782. Administrative Provisions: Rules, Regulations, and Procedures; Consultations and Establishment. See Endnote 161.
720
251
252
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(ii) by striking ‘‘the application submitted pursuant to section 503738 of this title.’’ and inserting ‘‘the application submitted
pursuant to section 502739 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 808740 (42 U.S.C. 3789),741 by striking ‘‘the State office described in section 507742 or 1408’’743 and inserting ‘‘the State
office responsible for the trust fund required by section 507,744 or the State office described in section 1408,’’;745
(F) in section 901746 (42 U.S.C. 3791),747 in subsection (a)(2), by striking ‘‘for the purposes of section 506(a)’’ 748 and inserting ‘‘for the
purposes of section 505(a)’’;749
(G) in section 1502750 (42 U.S.C. 3796bb–1)751—
(i) in paragraph (1), by striking ‘‘section 506(a)’’752 and inserting ‘‘section 505(a)’’;753
736
42 USC §3751. Edward Byrne Memorial Justice Assistance Grant Program: Description. See Endnote 140.
42 USC §3750 - 3758. Edward Byrne Memorial Justice Assistance Grant Program. See Endnotes 139 - 147.
738
42 USC §3753. Edward Byrne Memorial Justice Assistance Grant Program: Review of Applications. See Endnote 142.
739
42 USC §3752. Edward Byrne Memorial Justice Assistance Grant Program: Applications. See Endnote 141.
740
42 USC §3789. Administrative Provisions: Title to Personal Property. See Endnote 165.
741
42 USC §3789. Administrative Provisions: Title to Personal Property. See Endnote 165.
742
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
743
42 USC §3796aa-7. Grants for Closed Circuit Televising of Testimony of Children Who are Victims of Abuse: State Office: Repealed. See Endnote 173.
744
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
745
42 USC §3796aa-7. Grants for Closed Circuit Televising of Testimony of Children Who are Victims of Abuse: State Office: Repealed. See Endnote 173.
746
42 USC §3791. Definitions: General Provisions. See Endnote 167.
747
42 USC §3791. Definitions: General Provisions. See Endnote 167.
748
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
749
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
750
42 USC §3796bb-1. Rural Drug Enforcement: Other requirements. See Endnote 174.
751
42 USC §3796bb-1. Rural Drug Enforcement: Other requirements. See Endnote 174.
752
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
753
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
737
252
253
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(ii) in paragraph (2)—
(I) by striking ‘‘section 503(a)’’ 754and inserting ‘‘section 502’’;755 and
(II) by striking ‘‘section 506’’756 and inserting ‘‘section 505’’;757
(H) in section 1602758 (42 U.S.C. 3796cc–1),759 in subsection (b), by striking ‘‘The office designated under section 507760 of title I’’761
and inserting ‘‘The office responsible for the trust fund required by section 507’’;762
(I) in section 1702763 (42 U.S.C. 3796dd–1),764 in subsection (c)(1), by striking ‘‘and reflects consideration of the statewide strategy
under section 503(a)(1)’’;765 and
(J) in section 1902766 (42 U.S.C. 3796ff–1),767 in subsection (e), by striking ‘‘The Office designated under section 507’’768 and inserting
‘‘The office responsible for the trust fund required by section 507’’.769
(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.
754
42 USC §3753. Edward Byrne Memorial Justice Assistance Grant Program: Review of Applications. See Endnote 142.
42 USC §3752. Edward Byrne Memorial Justice Assistance Grant Program: Applications. See Endnote 141.
756
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
757
42 USC §3755. Edward Byrne Memorial Justice Assistance Grant Program: Formula. See Endnote 144.
758
42 USC §3796cc-1. Criminal Child Support Enforcement: State Applications. See Endnote 175.
759
42 USC §3796cc-1. Criminal Child Support Enforcement: State Applications. See Endnote 175.
760
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
761
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
762
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
763
42 USC §3796dd-1. Public Safety and Community Policing; “Cops on the Beat”: Applications. See Endnote 177.
764
42 USC §3796dd-1. Public Safety and Community Policing; “Cops on the Beat”: Applications. See Endnote 177.
765
42 USC §3753. Edward Byrne Memorial Justice Assistance Grant Program: Review of Applications. See Endnote 142.
766
42 USC §3796ff-1. Residential Substance Abuse Treatment Centers for State Prisoners: State Applications. See Endnote 181.
767
42 USC §3796ff-1. Residential Substance Abuse Treatment Centers for State Prisoners: State Applications. See Endnote 181.
768
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
769
42 USC §3757. Edward Byrne Memorial Justice Assistance Grant Program: Rules. See Endnote 146.
755
253
254
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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)770 of the Public Safety Officer Medal of Valor Act of 2001 (42 U.S.C. 15202(c))771 is amended by striking ‘‘more than 5 recipients’’ and
inserting ‘‘more than 5 individuals, or groups of individuals, as recipients’’.
770
771
42 USC §15202. Public Safety Officer Medal of Valor and Tributes: Medal of Valor Board. See Endnote 242.
42 USC §15202. Public Safety Officer Medal of Valor and Tributes: Medal of Valor Board. See Endnote 242.
254
255
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1113. CLARIFICATION OF OFFICIAL TO BE CONSULTED BY ATTORNEY GENERAL IN CONSIDERING APPLICATION FOR EMERGENCY FEDERAL
LAW ENFORCEMENT ASSISTANCE.
Section 609M(b)772 of the Justice Assistance Act of 1984 (42 U.S.C. 10501(b))773 is amended by striking ‘‘the Director of the Office of Justice
Assistance’’ and inserting ‘‘the Assistant Attorney General for the Office of Justice Programs’’.
772
773
42 USC §10501. Emergency Federal Law Enforcement Assistance: Application for Assistance. See Endnote 221.
42 USC §10501. Emergency Federal Law Enforcement Assistance: Application for Assistance. See Endnote 221.
255
256
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1114. CLARIFICATION OF USES FOR REGIONAL INFORMATION SHARING SYSTEM GRANTS.
Section 1301(b)774 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h(b)), 775 as most recently amended by section 701776
of the USA PATRIOT Act (Public Law 107–56;777 115 Stat. 374),778 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).
774
42 USC §3796h. Regional Information Sharing Systems: Regional Information Sharing Systems Grants. See Endnote 172.
42 USC §3796h. Regional Information Sharing Systems: Regional Information Sharing Systems Grants. See Endnote 172.
776
PL 107-56 §701. USA Patriot Act: Expansion of regional information sharing system to facilitate federal-state-local law enforcement response related to terrorist attacks. See
Endnote 315.
777
PL 107-56 §701. USA Patriot Act: Expansion of regional information sharing system to facilitate federal-state-local law enforcement response related to terrorist attacks. See
Endnote 315.
778
PL 107-56 §701. USA Patriot Act: Expansion of regional information sharing system to facilitate federal-state-local law enforcement response related to terrorist attacks. See
Endnote 315.
775
256
257
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1115. INTEGRITY AND ENHANCEMENT OF NATIONAL CRIMINAL RECORD DATABASES.
(a) DUTIES OF DIRECTOR.—Section 302779 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732)780 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:
‘‘(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 304781 of such Act (42 U.S.C. 3735)782 is amended by striking ‘‘particular individual’’ and inserting ‘‘private person or
public agency’’.
(c) CONFIDENTIALITY OF INFORMATION.—Section 812(a)783 of such Act (42 U.S.C. 3789g(a))784 is amended by striking ‘‘Except as provided by
Federal law other than this title, no’’ and inserting ‘‘No’’.
779
42 USC §3732. Bureau of Justice Statistics: Bureau of Justice Statistics. See Endnote 137.
42 USC §3732. Bureau of Justice Statistics: Bureau of Justice Statistics. See Endnote 137.
781
42 USC §3735. Bureau of Justice Statistics: Use of Data. See Endnote 138.
782
42 USC §3735. Bureau of Justice Statistics: Use of Data. See Endnote 138.
783
42 USC §3789g. Administrative Provisions: Confidentiality of Information. See Endnote 166.
780
257
258
784
Complied by the American Bar Association Commission on Domestic Violence – 2010.
42 USC §3789g. Administrative Provisions: Confidentiality of Information. See Endnote 166.
258
259
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1116. EXTENSION OF MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.
Section 1001(a)(23)785 of title I786 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) 787 is amended by striking
‘‘2007’’ and inserting ‘‘2009’’.
785
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
787
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
786
259
260
Complied by the American Bar Association Commission on Domestic Violence – 2010.
CHAPTER 2—BUILDING COMMUNITY CAPACITY TO PREVENT, REDUCE, AND CONTROL CRIME
260
261
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1121. OFFICE OF WEED AND SEED STRATEGIES.
(a) IN GENERAL.—Part A788 of title I789 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after section 102 790 (42
U.S.C. 3712)791 the following new sections:
‘‘SEC. 103.792 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 104.793
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $60,000,000 for fiscal year
2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended.
‘‘SEC. 104.794 WEED AND SEED STRATEGIES.
‘‘(a) IN GENERAL.—From amounts made available under section 103(c),795 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.
788
42 USC §3711 – 3715a. Office of Justice Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
790
42 USC §3712. Office of Justice Programs: Duties and Functions of Assistant Attorney General. See Endnote 129.
791
42 USC §3712. Office of Justice Programs: Duties and Functions of Assistant Attorney General. See Endnote 129.
792
42 USC §3712a. Office of Justice Programs: Office of Weed and Seed Strategies. See Endnote 130.
793
42 USC §3712b. Office of Justice Programs: Weed and Seed Strategies. See Endnote 131.
794
42 USC §3712b. Office of Justice Programs: Weed and Seed Strategies. See Endnote 131.
795
42 USC §3712a. Office of Justice Programs: Office of Weed and Seed Strategies. See Endnote 130.
789
261
262
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(2) SEEDING.—Activities, to be known as Seeding activities, which shall include promoting and coordinating a broad spectrum of
community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—
‘‘(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families; and
‘‘(B) community revitalization efforts, including enforcement of building codes and development of the economy.
‘‘(b) GUIDELINES.—The Director shall issue guidelines for the development and implementation of Weed and Seed strategies under this
section. The guidelines shall ensure that the Weed and Seed strategy for a community referred to in subsection (a) shall—
‘‘(1) be planned and implemented through and under the auspices of a steering committee, properly established in the community,
comprised of—
‘‘(A) in a voting capacity, representatives of—
‘‘(i) appropriate law enforcement agencies; and
‘‘(ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal
justice and community-based development and revitalization in the community; and
‘‘(B) in a voting capacity, both—
‘‘(i) the Drug Enforcement Administration’s special agent in charge for the jurisdiction encompassing the community;
and
‘‘(ii) the United States Attorney for the District encompassing the community;
‘‘(2) describe how law enforcement agencies, other public and private agencies, neighborhood and community-based organizations,
and interested citizens are to cooperate in implementing the strategy; and
‘‘(3) incorporate a community-policing component that shall serve as a bridge between the Weeding activities under subsection
(a)(1) and the Seeding activities under subsection (a)(2).
‘‘(c) DESIGNATION.—For a community to be designated as a Weed-and-Seed community for purposes of subsection (a)—
‘‘(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.
262
263
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(d) APPLICATION.—An application for designation as a Weed and Seed community for purposes of subsection (a) shall be submitted to the
Director by the steering committee of the community in such form, and containing such information and assurances, as the Director may require.
The application shall propose—
‘‘(1) a sustainable Weed and Seed strategy that includes—
‘‘(A) the active involvement of the United States Attorney for the District encompassing the community, the Drug
Enforcement Administration’s special agent in charge for the jurisdiction encompassing the community, and other Federal law
enforcement agencies operating in the vicinity;
‘‘(B) a significant community-oriented policing component; and
‘‘(C) demonstrated coordination with complementary neighborhood and community-based programs and initiatives; and
‘‘(2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of
the strategy.
‘‘(e) GRANTS.—
‘‘(1) IN GENERAL.—In implementing a strategy for a community under subsection (a), the Director may make grants to that
community.
‘‘(2) USES.—For each grant under this subsection, the community receiving that grant 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.—
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total
costs of the projects described in the application for which the grant was made.
‘‘(B) The requirement of subparagraph (A)—
‘‘(i) may be satisfied in cash or in kind; and
‘‘(ii) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting
the applicant warrant a finding that such a waiver is equitable.
‘‘(6) SUPPLEMENT, NOT SUPPLANT.—To receive a grant under this subsection, the applicant must provide assurances that the
amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for
programs or services provided in the community.
‘‘For purposes of sections
103797
and
104,798
‘‘SEC. 105.796 INCLUSION OF INDIAN TRIBES.
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.
796
42 USC §3712c. Office of Justice Programs: Inclusion of Indian Tribes. See Endnote 132.
42 USC §3712a. Office of Justice Programs: Office of Weed and Seed Strategies. See Endnote 130.
798
42 USC §3712b. Office of Justice Programs: Weed and Seed Strategies. See Endnote 131.
797
264
265
Complied by the American Bar Association Commission on Domestic Violence – 2010.
CHAPTER 3—ASSISTING VICTIMS OF CRIME
265
266
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1131. GRANTS TO LOCAL NONPROFIT ORGANIZATIONS TO IMPROVE OUTREACH SERVICES TO VICTIMS OF CRIME.
Section 1404(c)799 of the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)),800 as most recently amended by section 623801 of the USA PATRIOT Act
(Public Law 107–56;802 115 Stat. 372),803 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).’’.
799
42 USC §10603. Victim Compensation and Assistance: Crime Victim Assistance. See Endnote 224.
42 USC §10603. Victim Compensation and Assistance: Crime Victim Assistance. See Endnote 224.
801
PL 107-56 §623. USA Patriot Act: Crime Victim Assistance. See Endnote 314.
802
PL 107-56 §623. USA Patriot Act: Crime Victim Assistance. See Endnote 314.
803
PL 107-56 §623. USA Patriot Act: Crime Victim Assistance. See Endnote 314.
800
266
267
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1132. CLARIFICATION AND ENHANCEMENT OF CERTAIN AUTHORITIES RELATING TO CRIME VICTIMS FUND.
Section 1402804 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)805 is amended as follows:
(1) AUTHORITY TO ACCEPT GIFTS.—Subsection (b)(5) of such section is amended by striking the period at the end and inserting the
following: ‘‘, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director is not hereby authorized to
accept any such gift, bequest, or donation that—
‘‘(A) attaches conditions inconsistent with applicable laws or regulations; or
‘‘(B) is conditioned upon or would require the expenditure of appropriated funds that are not available to the Office for Victims of
Crime.’’.
(2) AUTHORITY TO REPLENISH ANTITERRORISM EMERGENCY RESERVE.—Subsection (d)(5)(A) of such section is amended by striking
‘‘expended’’ and inserting ‘‘obligated’’.
(3) AUTHORITY TO MAKE GRANTS TO INDIAN TRIBES FOR VICTIM ASSISTANCE PROGRAMS.—Subsection (g) of such section is amended—
(A) in paragraph (1), by striking ‘‘, acting through the Director,’’;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new paragraph:
‘‘(2) The Attorney General may use 5 percent of the funds available under subsection (d)(2) (prior to distribution) for grants
to Indian tribes to establish child victim assistance programs, as appropriate.’’.
804
805
42 USC §10601. Victim Compensation and Assistance: Crime Victims Fund. See Endnote 222.
42 USC §10601. Victim Compensation and Assistance: Crime Victims Fund. See Endnote 222.
267
268
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1133. AMOUNTS RECEIVED UNDER CRIME VICTIM GRANTS MAY BE USED BY STATE FOR TRAINING PURPOSES.
(a) CRIME VICTIM COMPENSATION.—Section 1403(a)(3)806 of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(3)) 807 is amended by inserting
after ‘‘may be used for’’ the following: ‘‘training purposes and’’.
(b) CRIME VICTIM ASSISTANCE.—Section 1404(b)(3)808 of such Act (42 U.S.C. 10603(b)(3))809 is amended by inserting after ‘‘may be used for’’ the
following: ‘‘training purposes and’’.
806
42 USC §10602. Victim Compensation and Assistance: Crime Victim Compensation. See Endnote 223.
42 USC §10602. Victim Compensation and Assistance: Crime Victim Compensation. See Endnote 223.
808
42 USC §10603. Victim Compensation and Assistance: Crime Victim Assistance. See Endnote 224.
809
42 USC §10603. Victim Compensation and Assistance: Crime Victim Assistance. See Endnote 224.
807
268
269
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1134. CLARIFICATION OF AUTHORITIES RELATING TO VIOLENCE AGAINST WOMEN FORMULA AND DISCRETIONARY GRANT PROGRAMS.
(a) CLARIFICATION OF STATE GRANTS.—Section 2007810 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1)811 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)812 of such Act (42 U.S.C. 3796gg–3)813 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’’.
810
42
42
812
42
813
42
811
USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
USC §3796gg-1. Grants to Combat Violent Crimes Against Women: State Grants. See Endnote 190.
USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General terms and conditions. See Endnote 192.
USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General terms and conditions. See Endnote 192.
269
270
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1135. CHANGE OF CERTAIN REPORTS FROM ANNUAL TO BIENNIAL.
(a) STALKING AND DOMESTIC VIOLENCE.—Section 40610814 of the Violence Against Women Act of 1994815 (title IV816 of the Violent Crime Control
and Law Enforcement Act of 1994;817 42 U.S.C. 14039)818 is amended by striking ‘‘The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of this Act, that provides’’ and inserting ‘‘Each 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)819 of the Victims of Trafficking and Violence Protection Act of 2000820 (42 U.S.C.
10420(d)(l))821 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)822 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–3),823 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)824 of the Higher Education Amendments Act of
1998 (20 U.S.C. 1152 (d)(3))825 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’’.
814
VAWA 1994 §40610. National Stalker and Domestic Violence Reduction: Report to Congress. See Endnote 272.
VAWA 1994 §40001 - 41501. See Endnote 250.
816
VAWA 1994 §40001 - 41501. See Endnote 250.
817
VCCLEA 1994 §1 - 330025. See Endnote 250.
818
VAWA 1994 §40610. National Stalker and Domestic Violence Reduction: Report to Congress. See Endnote 272.
819
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
820
VAWA 2000 §1001 - 1603. See Endnote 308.
821
VAWA 2000 §1301. Limiting the Effects of Violence on Children: Safe Havens for Children. See Endnote 310.
822
42 USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General terms and conditions. See Endnote 192.
823
42 USC §3796gg-3. Grants to Combat Violent Crimes Against Women: General terms and conditions. See Endnote 192.
824
20 USC §1152. Higher Education Resources and Student Assistance: Grants to Combat Violent Crimes Against Women on Campuses. See Endnote 95.
815
270
271
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(e) TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.— Subsection
40299(f)826 of the Violence Against Women Act of 1994827 (42 U.S.C. 13975(f))828 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 evennumbered fiscal year.’’.
825
20 USC §1152. Higher Education Resources and Student Assistance: Grants to Combat Violent Crimes Against Women on Campuses. See Endnote 95.
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
827
VAWA 1994 §40001 - 41501. See Endnote 250.
828
VAWA 1994 §40299. Rural Domestic Violence and Child Abuse Enforcement: Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual
Assault. See Endnote 270.
826
271
272
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1136. GRANTS FOR YOUNG WITNESS ASSISTANCE.
(a) IN GENERAL.—The Attorney General, acting through the Bureau of Justice Assistance, may make grants to State and local prosecutors and law
enforcement agencies in support of juvenile and young adult witness assistance programs.
(b) USE OF FUNDS.—Grants made available under this section may be used—
(1) to assess the needs of juvenile and young adult witnesses;
(2) to develop appropriate program goals and objectives; and
(3) to develop and administer a variety of witness assistance services, which includes—
(A) counseling services to young witnesses dealing with trauma associated in witnessing a violent crime;
(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.
272
273
Complied by the American Bar Association Commission on Domestic Violence – 2010.
CHAPTER 4—PREVENTING CRIME
273
274
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1141. CLARIFICATION OF DEFINITION OF VIOLENT OFFENDER FOR PURPOSES OF JUVENILE DRUG COURTS.
Section 2953(b)829 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–2(b))830 is amended in the matter preceding
paragraph (1) by striking ‘‘an offense that’’ and inserting ‘‘a felony-level offense that’’.
829
830
42 USC §3797u-2. Drug Courts: Definition. See Endnote 210.
42 USC §3797u-2. Drug Courts: Definition. See Endnote 210.
274
275
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1142. CHANGES TO DISTRIBUTION AND ALLOCATION OF GRANTS FOR DRUG COURTS.
(a) MINIMUM ALLOCATION REPEALED.—Section 2957831 of such Act (42 U.S.C. 3797u–6)832 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)833 of title I834 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(25)(A))835 is amended by adding at the end the following:
‘‘(v) $70,000,000 for each of fiscal years 2007 and 2008.’’.
831
42 USC §3797u-6. Drug Courts: Distribution and Allocation. See Endnote 211.
42 USC §3797u-6. Drug Courts: Distribution and Allocation. See Endnote 211.
833
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
834
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
835
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
832
275
276
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1143. ELIGIBILITY FOR GRANTS UNDER DRUG COURT GRANTS PROGRAM EXTENDED TO COURTS THAT SUPERVISE NONOFFENDERS WITH
SUBSTANCE ABUSE PROBLEMS.
Section 2951(a)(1)836 of such Act (42 U.S.C. 3797u(a)(1))837 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’’.
836
837
42 USC §3797u. Drug Courts: Grant Authority. See Endnote 209.
42 USC §3797u. Drug Courts: Grant Authority. See Endnote 209.
276
277
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1144. TERM OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR LOCAL FACILITIES.
Section 1904838 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–3)839 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.’’.
838
839
42 USC §3796ff-3. Residential Substance Abuse Treatment Centers for State Prisoners: Allocation and Distribution of Funds. See Endnote 183.
42 USC §3796ff-3. Residential Substance Abuse Treatment Centers for State Prisoners: Allocation and Distribution of Funds. See Endnote 183.
277
278
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1145. ENHANCED RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR STATE PRISONERS.
(a) ENHANCED DRUG SCREENINGS REQUIREMENT.—Subsection (b) of section 1902840 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796ff—1(b))841 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.’’.
(c) PRIORITY FOR PARTNERSHIPS WITH COMMUNITY-BASED DRUG TREATMENT PROGRAMS.—Section 1903842 of such Act (42 U.S.C. 3796ff–2)843 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 1902,844 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.’’.
840
42 USC §3796ff-1. Residential Substance Abuse Treatment Centers for State Prisoners: State Applications. See Endnote 181.
42 USC §3796ff-1. Residential Substance Abuse Treatment Centers for State Prisoners: State Applications. See Endnote 181.
842
42 USC §3796ff-2. Residential Substance Abuse Treatment Centers for State Prisoners: Review of State Applications. See Endnote 182.
843
42 USC §3796ff-2. Residential Substance Abuse Treatment Centers for State Prisoners: Review of State Applications. See Endnote 182.
841
278
279
844
Complied by the American Bar Association Commission on Domestic Violence – 2010.
42 USC §3796ff-1. Residential Substance Abuse Treatment Centers for State Prisoners: State Applications. See Endnote 181.
279
280
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1146. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM FOR FEDERAL FACILITIES.
Section 3621(e)845 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;’’.
845
18 USC §3621. Postsentence Administration: Imprisonment of a Convicted Person. See Endnote 89.
280
281
Complied by the American Bar Association Commission on Domestic Violence – 2010.
CHAPTER 5—OTHER MATTERS
281
282
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1151. CHANGES TO CERTAIN FINANCIAL AUTHORITIES.
(a) CERTAIN PROGRAMS THAT ARE EXEMPT FROM PAYING STATES INTEREST ON LATE DISBURSEMENTS ALSO EXEMPTED FROM PAYING CHARGE
TO TREASURY FOR UNTIMELY DISBURSEMENTS.—Section 204(f)846 of Public Law 107–273847 (116 Stat. 1776;848 31 U.S.C. 6503 note)849 is
amended—
(1) by striking ‘‘section 6503(d)’’850 and inserting ‘‘sections 3335(b)851 or 6503(d)’’;852 and
(2) by striking ‘‘section 6503’’853 and inserting ‘‘sections 3335(b)854 or 6503’’.855
(b) SOUTHWEST BORDER PROSECUTOR INITIATIVE INCLUDED AMONG SUCH EXEMPTED PROGRAMS.—Section 204(f)856 of such Act is further
amended by striking ‘‘pursuant to section 501(a)’’857 and inserting ‘‘pursuant to the Southwest Border Prosecutor Initiative858 (as carried out
pursuant to paragraph (3) (117 Stat. 64)859 under the heading relating to Community Oriented Policing Services of the Department of Justice
Appropriations Act, 2003860 (title I of division B of Public Law 108–7),861 or as carried out pursuant to any subsequent authority) or section
501(a)’’.862
846
31 USC §6503 Note. Intergovernmental Cooperation: Treatment of Compensation of Reimbursement Paid Pursuant to Other Laws. See Endnote 117.
31 USC §6503 Note. Intergovernmental Cooperation: Treatment of Compensation of Reimbursement Paid Pursuant to Other Laws. See Endnote 117.
848
31 USC §6503 Note. Intergovernmental Cooperation: Treatment of Compensation of Reimbursement Paid Pursuant to Other Laws. See Endnote 117.
849
31 USC §6503 Note. Intergovernmental Cooperation: Treatment of Compensation of Reimbursement Paid Pursuant to Other Laws. See Endnote 117.
850
31 USC §6503. Intergovernmental Cooperation: Intergovernmental Financing. See Endnote 116.
851
31 USC §3335. Depositing, Keeping, and Paying Money: Timely Disbursement of Federal Funds. See Endnote 115.
852
31 USC §6503. Intergovernmental Cooperation: Intergovernmental Financing. See Endnote 116.
853
31 USC §6503. Intergovernmental Cooperation: Intergovernmental Financing. See Endnote 116.
854
31 USC §3335. Depositing, Keeping, and Paying Money: Timely Disbursement of Federal Funds. See Endnote 115.
855
31 USC §6503. Intergovernmental Cooperation: Intergovernmental Financing. See Endnote 116.
856
31 USC §6503 Note. Intergovernmental Cooperation: Treatment of Compensation of Reimbursement Paid Pursuant to Other Laws. See Endnote 117.
857
8 USC §1365. Immigration and Nationality: Reimbursement of States for Costs of Incarcerating Illegal Aliens and Certain Cuban Nationals. See Endnote 31.
858
Southwest Border Prosecutor Initiative: Community Oriented Policing Services of the Department of Justice Appropriations Act of 2003. See Endnote 318.
859
Southwest Border Prosecutor Initiative: Community Oriented Policing Services of the Department of Justice Appropriations Act of 2003. See Endnote 318.
860
Southwest Border Prosecutor Initiative: Community Oriented Policing Services of the Department of Justice Appropriations Act of 2003. See Endnote 318.
861
Southwest Border Prosecutor Initiative: Community Oriented Policing Services of the Department of Justice Appropriations Act of 2003. See Endnote 318.
862
8 USC §1365. Immigration and Nationality: Reimbursement of States for Costs of Incarcerating Illegal Aliens and Certain Cuban Nationals. See Endnote 31.
847
282
283
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(c) ATFE UNDERCOVER INVESTIGATIVE OPERATIONS.—Section 102(b)863 of the Department of Justice and Related Agencies Appropriations Act,
1993,864 as in effect pursuant to section 815(d)865 of the Antiterrorism and Effective Death Penalty Act of 1996866 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.
863
PL 105-119 §102. Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998. See Endnote 306.
PL 105-119 §102. Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998. See Endnote 306.
865
PL 104-132 §815. Antiterrorism and Effective Death Penalty Act of 1996: Department of Justice. See Endnote 305.
866
PL 104-132 §815. Antiterrorism and Effective Death Penalty Act of 1996: Department of Justice. See Endnote 305.
864
283
284
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1152. COORDINATION DUTIES OF ASSISTANT ATTORNEY GENERAL.
(a) COORDINATE AND SUPPORT OFFICE FOR VICTIMS OF CRIME.— Section 102867 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712)868 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.
867
868
42 USC §3712. Office of Justice Programs: Duties and Functions of Assistant Attorney General. See Endnote 129.
42 USC §3712. Office of Justice Programs: Duties and Functions of Assistant Attorney General. See Endnote 129.
284
285
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 869 (42
U.S.C. 14071)870 or 170102871 (42 U.S.C. 14072)872 of the Violent Crime Control and Law Enforcement Act of 1994873 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 170101874 is amended by striking ‘‘unless such
requirement is terminated under’’ and inserting ‘‘for the time period specified in’’.
869
VAWA 1994 §170101. Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program. See Endnote 301.
VAWA 1994 §170101. Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program. See Endnote 301.
871
VAWA 1994 §170102. FBI Database. See Endnote 302.
872
VAWA 1994 §170102. FBI Database. See Endnote 302.
873
VCCLEA 1994 §1 - 330025. See Endnote 250.
874
VAWA 1994 §170101. Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program. See Endnote 301.
870
285
286
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1154. REPEAL OF CERTAIN PROGRAMS.
(a) SAFE STREETS ACT PROGRAM.—The Criminal Justice Facility Construction Pilot program875 (part F;876 42 U.S.C. 3769–3769d)877 of title I878 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 1994879 are repealed:
(1) LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM.— Subtitle B880 of title III881 (42 U.S.C. 13751–13758).882
(2) ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH.—Subtitle G883 of title III884 (42 U.S.C. 13801–13802).885
(3) IMPROVED TRAINING AND TECHNICAL AUTOMATION.—Subtitle E886 of title XXI887 (42 U.S.C. 14151).888
(4) OTHER STATE AND LOCAL AID.—Subtitle F889 of title XXI890 (42 U.S.C. 14161).891
875
42 USC §3769 – 3769d. Criminal Justice Facility Construction: Pilot Program. See Endnote 156 - 160.
42 USC §3769 – 3769d. Criminal Justice Facility Construction: Pilot Program. See Endnote 156 - 160.
877
42 USC §3769 – 3769d. Criminal Justice Facility Construction: Pilot Program. See Endnote 156 - 160
878
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
879
VCCLEA 1994 §1 - 330025. See Endnote 250.
880
VCCLEA 1994 §30201 - 30208. Crime Prevention: Local Crime Prevention Block Grant. See Endnotes 252 - 259.
881
VCCLEA 1994 §30101 - 32401. Crime Prevention. See Endnote 250.
882
VCCLEA 1994 §30201 - 30208. Crime Prevention: Local Crime Prevention Block Grant. See Endnotes 252 - 259.
883
VCCLEA 1994 §30701 - 30702. Crime Prevention: Assistance for Delinquent and At Risk Youth. See Endnotes 260 - 261.
884
VCCLEA 1994 §30101 - 32401. Crime Prevention. See Endnote 250.
885
VCCLEA 1994 §30701 - 30702. Crime Prevention: Assistance for Delinquent and At Risk Youth. See Endnotes 260 – 261.
886
VCCLEA 1994 §210501. State and Local Law Enforcement: Improved Training and Technical Automation. See Endnote 303.
887
VCCLEA 1994 §210101 - 210603. State and Local Law Enforcement. See Endnote 250.
888
VCCLEA 1994 §210501. State and Local Law Enforcement: Improved Training and Technical Automation. See Endnote 303.
889
VCCLEA 1994 §210601 - 210603. Other State and Local Aid. See Endnote 250.
890
VCCLEA 1994 §210101 - 210603. State and Local Law Enforcement. See Endnote 250.
891
VCCLEA 1994 §210601. Other State and Local Aid: Reauthorization of Office of Justice Programs. See Endnote 304.
876
286
287
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1155. ELIMINATION OF CERTAIN NOTICE AND HEARING REQUIREMENTS.
Part H892 of title I893 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 802894 (42 U.S.C. 3783)895 of such part is amended—
(A) by striking subsections (b) and (c); and
(B) by striking ‘‘(a)’’ before ‘‘Whenever,’’.
(2) FINALITY OF DETERMINATIONS.—Section 803896 (42 U.S.C. 3784)897 of such part is amended—
(A) by striking ‘‘, after reasonable notice and opportunity for a hearing,’’; and
(B) by striking ‘‘, except as otherwise provided herein’’.
(3) REPEAL OF APPELLATE COURT REVIEW.—Section 804898 (42 U.S.C. 3785)899 of such part is repealed.
892
42 USC §3781 - 3791. Administrative Provisions. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
894
42 USC §3783. Administrative Provisions: Notice and Hearing on Denial or Termination of Grant. See Endnote 162.
895
42 USC §3783. Administrative Provisions: Notice and Hearing on Denial or Termination of Grant. See Endnote 162.
896
42 USC §3784. Administrative Provisions: Finality of Determinations. See Endnote 163.
897
42 USC §3784. Administrative Provisions: Finality of Determinations. See Endnote 163.
898
42 USC §3785. Administrative Provisions: Appellate Court Review. See Endnote 164.
899
42 USC §3785. Administrative Provisions: Appellate Court Review. See Endnote 164.
893
287
288
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1156. AMENDED DEFINITIONS FOR PURPOSES OF OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
Section 901900 of title I901 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791)902 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 103 903 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603))’’.904
(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)905 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e));906 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).’’.
900
42 USC §3791. Definitions: General Provisions. See Endnote 167.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
902
42 USC §3791. Definitions: General Provisions. See Endnote 167.
903
42 USC §5603. Juvenile Justice and Delinquency Prevention: Definitions. See Endnote 215.
904
42 USC §5603. Juvenile Justice and Delinquency Prevention: Definitions. See Endnote 215.
905
25 USC §450b. Miscellaneous: Definitions. See Endnote 100.
906
25 USC §450b. Miscellaneous: Definitions. See Endnote 100.
901
288
289
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1157. CLARIFICATION OF AUTHORITY TO PAY SUBSISTENCE PAYMENTS TO PRISONERS FOR HEALTH CARE ITEMS AND SERVICES.
Section 4006907 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.
907
18 USC §4006. General Provisions: Subsistence for Prisoners. See Endnote 90.
289
290
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1158. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) IN GENERAL.—Part A908 of title I909 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after section 10[5],910 as
added by section 211911 of this Act, the following new section:
‘‘SEC. 106.912 OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established within the Office an Office of Audit, Assessment, and Management, headed by a Director
appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and
control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without
redelegation.
‘‘(2) PURPOSE.—The purpose of the Office shall be to carry out and coordinate 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 Q913 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.—
908
42 USC §3711 – 3715a. Office of Justice Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
910
42 USC §3712c. Office of Justice Programs: Inclusion of Indian Tribes. See Endnote 132.
911
VAWA 2005 §1121. Office of Weed and Seed Strategies. See above page 263.
912
42 USC §3712d. Office of Justice Programs: Office of Audit, Assessment and Management. See Endnote 133.
913
42 USC §3796ee – 3796ee-10. Juvenile Accountability Block Grants. See Endnote 128.
909
290
291
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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 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.
291
292
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1159. COMMUNITY CAPACITY DEVELOPMENT OFFICE.
(a) IN GENERAL.—Part A914 of title I915 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after section 106,916 as
added by section 248917 of this Act, the following new section:
‘‘SEC. 107.918 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 106(b)919 to assist such participants in understanding the substantive and procedural requirements for participating in
such programs.
‘‘(3) EXCLUSIVITY.—The Office shall be the exclusive element of the Department of Justice performing functions and activities for the
purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed
immediately before the date of the enactment of this Act by any other element of the Department. This does not preclude a grant-making
office from providing specialized training and technical assistance in its area of expertise.
‘‘(b) MEANS.—The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the
Office through the following means:
‘‘(1) Promoting coordination of public and private efforts and resources within or available to States, units of local government, and
neighborhood and community-based organizations.
‘‘(2) Providing information, training, and technical assistance.
914
42 USC §3711 – 3715a. Office of Justice Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
916
42 USC §3712d. Office of Justice Programs: Office of Audit, Assessment and Management. See Endnote 133.
917
VAWA 2005 §1158. Office of Audit, Assessment and Management. See above page 290.
918
42 USC §3712e. Office of Justice Programs: Office of Audit, Assessment and Management. See Endnote 134.
919
42 USC §3712d. Office of Justice Programs: Community Capacity Development Office. See Endnote 133.
915
292
293
Complied by the American Bar Association Commission on Domestic Violence – 2010.
‘‘(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
106(b)920 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.
920
42 USC §3712d. Office of Justice Programs: Office of Audit, Assessment and Management. See Endnote 133.
293
294
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1160. OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY.
(a) IN GENERAL.—Part A921 of title I922 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after section 10[7], 923 as
added by section 249924 of this Act, the following new section:
‘‘SEC. 10[8].925 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.
921
42 USC §3711 – 3715a. Office of Justice Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
923
42 USC §3712e. Office of Justice Programs: Office of Audit, Assessment and Management. See Endnote 134.
924
VAWA 2005 §1159. Community Capacity Development Office. See above page 292.
925
42 USC §3712f. Office of Justice Programs: Division of Applied Law Enforcement Technology. See Endnote 135.
922
294
295
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1161. AVAILABILITY OF FUNDS FOR GRANTS.
(a) IN GENERAL.—Part A926 of title I927 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after section 10[8], 928 as
added by section 250929 of this Act, the following new section:
‘‘SEC. 10[9].930 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.
926
42 USC §3711 – 3715a. Office of Justice Programs. See Endnote 128.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
928
42 USC §3712f. Office of Justice Programs: Division of Applied Law Enforcement Technology. See Endnote 135.
929
VAWA 2005 §1160. Office of Applied Law Enforcement Technology. See above page 294.
930
42 USC §3712g. Office of Justice Programs: Availability of Funds. See Endnote 136.
927
295
296
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1162. CONSOLIDATION OF FINANCIAL MANAGEMENT SYSTEMS OF OFFICE OF JUSTICE PROGRAMS.
(a) CONSOLIDATION OF ACCOUNTING ACTIVITIES AND PROCUREMENT ACTIVITIES.— The Assistant Attorney General of the Office of Justice
Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that—
(1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of
the Comptroller; and
(2) all procurement activities for all elements of the Office are carried out under the direct management of the Office of Administration.
(b) FURTHER CONSOLIDATION OF PROCUREMENT ACTIVITIES.— The Assistant Attorney General, in coordination with the Chief Information Officer
and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2008—
(1) all procurement activities for all elements of the Office are carried out through a single management office; and
(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.
296
297
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1163. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE GRANT PROGRAM.
(a) IN GENERAL.—Section 1701931 of title I932 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)933 is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall carry out a single grant program under which the Attorney General
makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or
regional consortia for the purposes described in subsection (b).’’;
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and in that subsection—
(A) by striking ‘‘ADDITIONAL GRANT PROJECTS.—Grants made under subsection (a) may include programs, projects, and other
activities to—’’ and inserting ‘‘USES OF GRANT AMOUNTS.—The purposes for which grants made under subsection (a) may be made are—’’;
(B) by redesignating paragraphs (1) through (12) as paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (6) (as so redesignated) the following new paragraphs:
‘‘(1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in
community-oriented policing;
‘‘(2) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across
the Nation;
‘‘(3) procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in
community-oriented policing;
‘‘(4) 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)’’.
931
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
933
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
932
297
298
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(b) CONFORMING AMENDMENT.—Section 1702934 of title I935 of such Act (42 U.S.C. 3796dd–1)936 is amended in subsection (d)(2) by striking
‘‘section 1701(d)’’937 and inserting ‘‘section 1701(b)’’.938
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(11)939 of title I940 of such Act (42 U.S.C. 3793(a)(11))941 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)’’942 and inserting ‘‘section 1701(d)’’;943 and
(B) by striking the third sentence.
934
42 USC §3796dd-1. Public Safety and Community Policing; “Cops on the Beat”: Applications. See Endnote 177.
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
936
42 USC §3796dd-1. Public Safety and Community Policing; “Cops on the Beat”: Applications. See Endnote 177.
937
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
938
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
939
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
940
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
941
42 USC §3793. Funding: Authorization of Appropriations. See Endnote 168.
942
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
943
42 USC §3796dd. Public Safety and Community Policing; “Cops on the Beat”: Authority to Make Public Safety and Community Policing Grants. See Endnote 176.
935
298
299
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1164. CLARIFICATION OF PERSONS ELIGIBLE FOR BENEFITS UNDER PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAMS.
(a) PERSONS ELIGIBLE FOR DEATH BENEFITS.—Section 1204944 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b),945 as
most recently amended by section 2(a)946 of the Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002 947 (Public Law
107–196;948 116 Stat. 719),949 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)950 of such Act (42 U.S.C. 3796a(5))951 is amended by
inserting ‘‘with respect’’ before ‘‘to any individual’’.
(c) WAIVER OF COLLECTION IN CERTAIN CASES.—Section 1201952 of such Act (42 U.S.C. 3796)953 is amended by adding at the end the following:
‘‘(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.’’.
944
42 USC §3796b. Death Benefits: Definitions. See Endnote 171.
42 USC §3796b. Death Benefits: Definitions. See Endnote 171.
946
PL 107-196. Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002. See Endnote 316.
947
PL 107-196. Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002. See Endnote 316.
948
PL 107-196. Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002. See Endnote 316.
949
PL 107-196. Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002. See Endnote 316.
950
42 USC §3796a. Death Benefits: Limitation on Benefits. See Endnote 170.
951
42 USC §3796a. Death Benefits: Limitation on Benefits. See Endnote 170.
952
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
953
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
945
299
300
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(d) DESIGNATION OF BENEFICIARY.—Section 1201(a)(4)954 of such Act (42 U.S.C. 3796(a)(4))955 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)956 of such Act (42 U.S.C. 3796(a))957 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.’’.
954
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
956
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
957
42 USC §3796. Death Benefits: Payment of Death Benefits. See Endnote 169.
955
300
301
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1165. PRE-RELEASE AND POST-RELEASE PROGRAMS FOR JUVENILE OFFENDERS.
Section 1801(b)958 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b))959 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.’’.
958
959
42 USC §3796ee. Juvenile Accountability Block Grants: Program Authorized. See Endnote 178.
42 USC §3796ee. Juvenile Accountability Block Grants: Program Authorized. See Endnote 178.
301
302
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1166. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANTS.
Section 1810(a)960 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee–10(a))961 is amended by striking ‘‘2002 through
2005’’ and inserting ‘‘2006 through 2009’’.
960
961
42 USC §3796ee-10. Juvenile Accountability Block Grants: Authorization of Appropriations. See Endnote 180.
42 USC §3796ee-10. Juvenile Accountability Block Grants: Authorization of Appropriations. See Endnote 180.
302
303
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1167. SEX OFFENDER MANAGEMENT.
Section 40152962 of the Violent Crime Control and Law Enforcement Act of 1994963 (42 U.S.C. 13941)964 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.’’.
962
VAWA 1994 §40152. Assistance To Victims of Sexual Assault: Training Programs. See Endnote 266.
VCCLEA 1994 §1 - 330025. See Endnote 250.
964
VAWA 1994 §40152. Assistance To Victims of Sexual Assault: Training Programs. See Endnote 266.
963
303
304
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1168. EVIDENCE-BASED APPROACHES.
Section 1803965 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’’.
965
42 USC §3796ee-2. Juvenile Accountability Block Grants: Grant Eligibility. See Endnote 179.
304
305
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1169. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR SCHOOL SECURITY.
(a) IN GENERAL.—Section 2705966 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e)967 is amended by striking ‘‘2003’’
and inserting ‘‘2009’’.
(b) PROGRAM TO REMAIN UNDER COPS OFFICE.—Section 2701968 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) 969 is
amended in subsection (a) by inserting after ‘‘The Attorney General’’ the following: ‘‘, acting through the Office of Community Oriented Policing
Services,’’.
966
42 USC §3797e. Matching Grant Program for School Security: Authorization of Appropriations. See Endnote 208.
42 USC §3797e. Matching Grant Program for School Security: Authorization of Appropriations. See Endnote 208.
968
42 USC §3797a. Matching Grant Program for School Security: Program Authorized. See Endnote 207.
969
42 USC §3797a. Matching Grant Program for School Security: Program Authorized. See Endnote 207.
967
305
306
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1170. TECHNICAL AMENDMENTS TO AIMEE’S LAW.
Section 2001970 of division C, Public Law 106–386971 (42 U.S.C. 13713),972 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 506973 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) 974 or
6503(d)975 of title 31, United States Code’’.;
970
VAWA 2000 §2001. Aimee’s Law. See Endnote 312.
VAWA 2000 §1001 - 1603. See Endnote 308.
972
VAWA 2000 §2001. Aimee’s Law. See Endnote 312.
973
42 USC §3756. Edward Byrne Memorial Justice Assistance Grant Program: Reserved Funds. See Endnote 145.
974
31 USC §3335. Depositing, Keeping, and Paying Money: Timely Disbursement of Federal Funds. See Endnote 115.
975
31 USC §6503. Intergovernmental Cooperation: Intergovernmental Financing. See Endnote 116.
971
306
307
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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).’’.
307
308
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SUBTITLE C—MISCELLANEOUS PROVISIONS
308
309
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1171. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 107–56.
(a) STRIKING SURPLUS WORDS.—
(1) Section 2703(c)(1)976 of title 18, United States Code, is amended by striking ‘‘or’’ at the end of subparagraph (C).
(2) Section 1960(b)(1)(C)977 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)978 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 322979 of Public Law 107–56980 is amended, effective on the date of the enactment of that section, by
striking ‘‘title 18’’981 and inserting ‘‘title 28’’.982
976
18 USC §2703. Wire and Electronic Communications Interception and Interception of Oral Communications: Required Disclosure of Customer Communications or Records. See
Endnote 79.
977
18 USC §1960. Racketeering: Prohibition of Unlicensed Money Transmitting Businesses. See Endnote 65.
978
18 USC §2516. Wire and Electronic Communications Interception and Interception of Oral Communications: Authorization for Interception of Wire, Oral, or Electronic
Communications. See Endnote 78.
979
PL 107-56 §322. USA Patriot Act of 2001: Corporation Represented by a Fugitive. See Endnote 313.
980
PL 107-56. USA Patriot Act of 2001. See Endnote 313.
981
Title 18: Crimes and Criminal Procedure. See Endnotes 46 – 92.
982
Title 28: Judiciary and Judicial Procedure. See Endnotes 105 – 112.
309
310
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1172. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) TABLE OF SECTIONS OMISSION.—The table of sections at the beginning of chapter 203983 of title 18, United States Code, is amended by
inserting after the item relating to section 3050984 the following new item:
‘‘3051.985 Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.
(b) REPEAL OF DUPLICATIVE PROGRAM.—Section 316986 of Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5712d),987 as added by
section 40155988 of the Violent Crime Control and Law Enforcement Act of 1994989 (Public Law 103–322;990 108 Stat. 1922),991 is repealed.
(c) REPEAL OF PROVISION RELATING TO UNAUTHORIZED PROGRAM.— Section 20301992 of Public Law 103–322993 is amended by striking subsection
(c).
983
18 USC CH 203. Arrest and Commitment. See Endnote 80.
18 USC §3050. Arrest and Commitment: Bureau of Prisons Employees' Powers. See Endnote 81.
985
18 USC §3051. Arrest and Commitment: Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 82.
986
42 USC §5712d. Juvenile Justice and Delinquency Prevention: Grants for Prevention of Sexual Abuse and Exploitation. See Endnote 217.
987
42 USC §5712d. Juvenile Justice and Delinquency Prevention: Grants for Prevention of Sexual Abuse and Exploitation. See Endnote 217.
988
VCCLEA / VAWA 1994 §40155. Education and Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth. See Endnote 267.
989
VCCLEA 1994 §1 - 330025. See Endnote 250.
990
VCCLEA 1994 §1 - 330025. See Endnote 250.
991
VCCLEA 1994 §1 - 330025. See Endnote 250.
992
VCCLEA 1994 §20301. Incarceration of Undocumented Criminal Aliens. See Endnote 251.
993
VCCLEA 1994 §1 - 330025. See Endnote 250.
984
310
311
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
311
312
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1174. PRIVACY OFFICER.
(a) IN GENERAL.—The Attorney General shall designate a senior official in the Department of Justice to assume primary responsibility for privacy
policy.
(b) RESPONSIBILITIES.—The responsibilities of such official shall include advising the Attorney General regarding—
(1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information,
with respect to the Department’s existing or proposed information technology and information systems;
(2) privacy implications of legislative and regulatory proposals affecting the Department and involving the collection, storage, use,
disclosure, and security of personally identifiable information;
(3) implementation of policies and procedures, including appropriate training and auditing, to ensure the Department’s compliance with
privacy-related laws and policies, including section 552a of title 5,994 United States Code, and Section 208995 of the E-Government Act of 2002
(Public Law 107–347);996
(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.
(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 5,997 United States Code, internal controls, and other relevant matters.
994
5 USC §552a. The Agencies Generally: Records Maintained on Individuals. See Endnote 1.
PL 107-347 §208. Privacy Provisions. See Endnote 317.
996
PL 107-347 §208. Privacy Provisions. See Endnote 317
995
312
313
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
997
5 USC §552a. The Agencies Generally: Records Maintained on Individuals. See Endnote 1.
313
314
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1176. REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR RESIDENTS DETAINED ON SUSPICION OF TERRORISM.
Not less often than once every 12 months, the Attorney General shall submit to Congress a report on the status of United States persons or
residents detained, as of the date of the report, on suspicion of terrorism. The report shall—
(1) specify the number of persons or residents so detained; and
(2) specify the standards developed by the Department of Justice for recommending or determining that a person should be tried as a
criminal defendant or should be designated as an enemy combatant.
314
315
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1177. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL ABUSE OFFENSES IN CORRECTIONAL FACILITIES.
(a) EXPANDED JURISDICTION.—The following provisions of title 18,998 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 2241.999
(2) The first sentence of subsection (c) of section 2241.1000
(3) Section 2242.1001
(4) Subsections (a) and (b) of section 2243.1002
(5) Subsections (a) and (b) of section 2244.1003
(b) INCREASED PENALTIES.—
(1) SEXUAL ABUSE OF A WARD.—Section 2243(b)1004 of such title is amended by striking ‘‘one year’’ and inserting ‘‘five years’’.
(2) ABUSIVE SEXUAL CONTACT.—Section 22441005 of such title is amended by striking ‘‘six months’’ and inserting ‘‘two years’’ in each of
subsections (a)(4) and (b).
998
Title 18: Crimes and Criminal Procedure. See Endnotes 46 – 92.
18 USC §2241. Sexual Abuse: Aggravated Sexual Abuse. See Endnote 67.
1000
18 USC §2241. Sexual Abuse: Aggravated Sexual Abuse. See Endnote 67.
1001
18 USC §2242. Sexual Abuse: Sexual Abuse. See Endnote 68.
1002
18 USC §2243. Sexual Abuse: Sexual Abuse of a Minor or Ward. See Endnote 69.
1003
18 USC §2244. Sexual Abuse: Abusive Sexual Contact. See Endnote 70.
1004
18 USC §2243. Sexual Abuse: Sexual Abuse of a Minor or Ward. See Endnote 69.
1005
18 USC §2244. Sexual Abuse: Abusive Sexual Contact. See Endnote 70.
999
315
316
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1178. EXPANDED JURISDICTION FOR CONTRABAND OFFENSES IN CORRECTIONAL FACILITIES.
Section 1791(d)(4)1006 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’’.
1006
18 USC §1791. Prisons: Providing or Possessing Contraband in Prison. See Endnote 63.
316
317
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE PRELIMINARY HEARING.
The second sentence of section 3060(c)1007 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.’’.
1007
18 USC §3060. Arrest and Commitment: Preliminary Examination in Prison. See Endnote 83.
317
318
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1180. TECHNICAL CORRECTIONS RELATING TO STEROIDS.
Section 102(41)(A)1008 of the Controlled Substances Act (21 U.S.C. 802(41)(A)),1009 as amended by the Anabolic Steroid Control Act of 20041010
(Public law 108–358),1011 is amended by—
(1) striking clause (xvii) and inserting the following: ‘‘(xvii) 13β-ethyl-17β-hydroxygon-4-en-3-one;’’; and
(2) striking clause (xliv) and inserting the following: ‘‘(xliv) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);’’.
1008
21 USC §802. Drug Abuse Prevention and Control: Definitions. See Endnote 97.
21 USC §802. Drug Abuse Prevention and Control: Definitions. See Endnote 97.
1010
PL 108-58. Anabolic Steroid Control Act of 2004. See Endnote 319.
1011
PL 108-58. Anabolic Steroid Control Act of 2004. See Endnote 319.
1009
318
319
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1181. PRISON RAPE COMMISSION EXTENSION.
Section 71012 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15606)1013 is amended in subsection (d)(3)(A) by striking ‘‘2 years’’ and inserting
‘‘3 years’’.
1012
1013
42 USC §15606. Prison Rape Elimination: National Prison Rape Elimination Commission. See Endnote 244.
42 USC §15606. Prison Rape Elimination: National Prison Rape Elimination Commission. See Endnote 244.
319
320
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1182. LONGER STATUTE OF LIMITATION FOR HUMAN TRAFFICKING-RELATED OFFENSES.
(a) IN GENERAL.—Chapter 2131014 of title 18, United States Code, is amended by adding at the end the following new section:
‘‘§ 3298.1015 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
1016
1581
(Peonage; Obstructing Enforcement), 15831017 (Enticement into Slavery), 15841018 (Sale into Involuntary Servitude), 15891019 (Forced
Labor), 15901020 (Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor), or 15921021 (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)1022 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:
‘‘3298.1023 Trafficking-related offenses’’.
(c) MODIFICATION OF STATUTE APPLICABLE TO OFFENSE AGAINST CHILDREN.—Section 32831024 of title 18, United States Code, is amended by
inserting ‘‘, or for ten years after the offense, whichever is longer’’ after ‘‘of the child’’.
1014
18 USC CH 213. Limitations. See Endnote 85.
18 USC §3298. Limitations: Trafficking-Related Offenses. See Endnote 88.
1016
18 USC §1581. Peonage, Slavery, and Trafficking Persons: Peonage; Obstructing Enforcement. See Endnote 57.
1017
18 USC §1583. Peonage, Slavery, and Trafficking Persons: Enticement into Slavery. See Endnote 58.
1018
18 USC §1584. Peonage, Slavery, and Trafficking Persons: Sale into Voluntary Servitude. See Endnote 59.
1019
18 USC §1589. Peonage, Slavery, and Trafficking Persons: Forced Labor. See Endnote 60.
1020
18 USC §1590. Peonage, Slavery, and Trafficking Persons: Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor. See Endnote 61.
1021
18 USC §1592. Peonage, Slavery, and Trafficking Persons: Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude,
or Forced Labor. See Endnote 62.
1022
8 USC §1324. Immigration and Nationality: Bringing in and Harboring Certain Aliens. See Endnote 29.
1023
18 USC §3298. Limitations: Trafficking-Related Offenses. See Endnote 88.
1024
18 USC §3283. Limitations: Offenses Against Children. See Endnote 86.
1015
320
321
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
321
322
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1184. SEARCH GRANTS.
(a) IN GENERAL.—Pursuant to subpart 11025 of part E1026 of title I1027 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.
1025
42 USC §3750 - 3758. Edward Byrne Memorial Justice Assistance Grant Program. See Endnotes 139 - 147.
42 USC §3750 – 3766b. Bureau of Justice Assistance Grant Programs. See Endnote 128.
1027
42 USC CH 46. Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968. See Endnote 128.
1026
322
323
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1185. REAUTHORIZATION OF LAW ENFORCEMENT TRIBUTE ACT.
Section 110011028 of Public Law 107–2731029 (42 U.S.C. 15208;1030 116 Stat. 1816)1031 is amended in subsection (i) by striking ‘‘2006’’ and inserting
‘‘2009’’.
1028
42 USC §15208. Public Safety Officer Medal of Valor and Tributes: Law Enforcement Tribute Acts. See Endnote 243.
42 USC §15208. Public Safety Officer Medal of Valor and Tributes: Law Enforcement Tribute Acts. See Endnote 243.
1030
42 USC §15208. Public Safety Officer Medal of Valor and Tributes: Law Enforcement Tribute Acts. See Endnote 243.
1031
42 USC §15208. Public Safety Officer Medal of Valor and Tributes: Law Enforcement Tribute Acts. See Endnote 243.
1029
323
324
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1186. AMENDMENT REGARDING BULLYING AND GANGS.
Paragraph (13) of section 1801(b)1032 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b))1033 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;’’.
1032
1033
42 USC §3796ee. Juvenile Accountability Block Grants: Program Authorized. See Endnote 178.
42 USC §3796ee. Juvenile Accountability Block Grants: Program Authorized. See Endnote 178.
324
325
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1187. TRANSFER OF PROVISIONS RELATING TO THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) ORGANIZATIONAL PROVISION.—Part II of title 28, 1034 United States Code, is amended by adding at the end the following new chapter:
‘‘CHAPTER 40A1035—BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
‘‘Sec.
‘‘599A.1036 Bureau of Alcohol, Tobacco, Firearms, and Explosives
‘‘599B.1037 Personnel management demonstration project’’.
(b) TRANSFER OF PROVISIONS.—The section heading for, and subsections (a), (b), (c)(1), and (c)(3) of, section 1111,1038 and section 1115,1039 of the
Homeland Security Act of 2002 (6 U.S.C. 531(a), (b), (c)(1), and (c)(3),1040 and 533)1041 are hereby transferred to, and added at the end of chapter
40A1042 of such title, as added by subsection (a) of this section.
(c) CONFORMING AMENDMENTS.—
(1) Such section 11111043 is amended—
(A) by striking the section heading and inserting the following:
‘‘§ 599A.1044 Bureau of alcohol, tobacco, firearms, and Explosives’’; and
1034
Title 28: Judiciary and Judicial Procedure. See Endnotes 105 – 112.
28 USC CH 40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 109.
1036
28 USC §599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 110.
1037
28 USC §599B. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Personnel Management Demonstration Project. See Endnote 111.
1038
6 USC §531. Homeland Security Organization: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 2.
1039
6 USC §533. Homeland Security Organization: Personnel Management Demonstration Project. See Endnote 3.
1040
6 USC §531. Homeland Security Organization: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 2.
1041
6 USC §533. Homeland Security Organization: Personnel Management Demonstration Project. See Endnote 3.
1042
28 USC CH 40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 109.
1043
6 USC §531. Homeland Security Organization: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 2.
1044
28 USC §599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 110.
1035
325
326
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(B) in subsection (b)(2), by inserting ‘‘of section 11111045 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
599A1046 of such title.
(2) Such section 11151047 is amended by striking the section heading and inserting the following:
‘‘§ 599B.1048 Personnel Management demonstration project’’; and such section (as so amended) shall constitute section 599B1049 of
such title.
(d) CLERICAL AMENDMENT.—The chapter analysis for such part is amended by adding at the end the following new item:
‘‘40A.1050 Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.
1045
6 USC §531. Homeland Security Organization: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 2.
28 USC §599A. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 110.
1047
6 USC §533. Homeland Security Organization: Personnel Management Demonstration Project. See Endnote 3.
1048
28 USC §599B. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Personnel Management Demonstration Project. See Endnote 111.
1049
28 USC §599B. Bureau of Alcohol, Tobacco, Firearms, and Explosives: Personnel Management Demonstration Project. See Endnote 111.
1050
28 USC CH 40A. Bureau of Alcohol, Tobacco, Firearms, and Explosives. See Endnote 109.
1046
326
327
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1188. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND TRAINING PROJECTS PROGRAM.
Section 32401(b1051) of the Violent Crime Control Act of 19941052 (42 U.S.C. 13921(b))1053 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.’’.
1051
VCCLEA 1994 §32401. Gang Resistance Education and Training Projects. See Endnote 262.
VCCLEA 1994 §1 - 330025. See Endnote 250.
1053
VCCLEA 1994 §32401. Gang Resistance Education and Training Projects. See Endnote 262.
1052
327
328
Complied by the American Bar Association Commission on Domestic Violence – 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.
328
329
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
329
330
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1191. PUBLIC EMPLOYEE UNIFORMS.
(a) IN GENERAL.—Section 7161054 of title 18, United States Code, is amended—
(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’’.
1054
18 USC §716. Emblems, Insignia, and Names: Public Employee Insignia and Uniform. See Endnote 52.
330
331
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(b) CONFORMING AMENDMENT TO TABLE OF SECTIONS.—The item in the table of sections at the beginning of chapter 33 1055 of title 18, United
States Code, relating to section 7161056 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 1057 of title 18, United States Code, reflects the
gravity of this aggravating factor.
1055
18 USC CH 33. Emblems, Insignia, and Names. See Endnote 51.
18 USC §716. Emblems, Insignia, and Names: Public Employee Insignia and Uniform. See Endnote 52.
1057
18 USC §716. Emblems, Insignia, and Names: Public Employee Insignia and Uniform. See Endnote 52.
1056
331
332
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1192. OFFICIALLY APPROVED POSTAGE.
Section 4751058 of title 18, United States Code, is amended by adding at the end the following: ‘‘Nothing in this section applies to evidence of
postage payment approved by the United States Postal Service.’’.
1058
18 USC §475. Counterfeiting and Forgery: Imitating Obligations or Securities; Advertisements. See Endnote 50.
332
333
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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 214A1059 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13003)1060 $7,500,000 for each of fiscal years 2006 through
2010.
1059
1060
42 USC §13003. Victims of Child Abuse: Grants for Specialized Technical Assistance and Training Programs. See Endnote 231.
42 USC §13003. Victims of Child Abuse: Grants for Specialized Technical Assistance and Training Programs. See Endnote 231.
333
334
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1194. ASSISTANCE TO COURTS.
The chief judge of each United States district court is encouraged to cooperate with requests from State and local authorities whose operations
have been significantly disrupted as a result of Hurricane Katrina or Hurricane Rita to provide accommodations in Federal facilities for State and
local courts to conduct their proceedings.
334
335
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
335
336
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1196. REAUTHORIZATION OF STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 241(i)(5)1061 of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5))1062 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)1063 of the Immigration and Nationality Act (8 U.S.C. 1231(i)(6))1064 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)1065 of the
Immigration and Nationality Act (8 U.S.C. 1231(i))1066 and are not fully cooperating in the Department 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) 1067 of the
Immigration and Nationality Act (8 U.S.C. 1231(i))1068 and that have in effect a policy that violates section 6421069 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).1070
1061
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1063
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1064
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1065
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1066
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1062
336
337
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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).
1067
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
8 USC §1231. Immigration and Nationality: Detention and Removal of Aliens Ordered Removed. See Endnote 20.
1069
8 USC §1373. Immigration and Nationality: Communication between government agencies and the Immigration and Naturalization Service. See Endnote 33.
1070
8 USC §1373. Immigration and Nationality: Communication between government agencies and the Immigration and Naturalization Service. See Endnote 33.
1068
337
338
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1197. EXTENSION OF CHILD SAFETY PILOT PROGRAM.
Section 1081071 of the PROTECT Act (42 U.S.C. 5119a note)1072 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 1073 of the
National Child Protection Act of 1993 (42 U.S.C. 5119c),1074 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 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.’’;
1071
42 USC §5119a Note. Child Abuse Prevention and Treatment and Adoption Reform: Pilot Program for National Criminal History Background Checks and Feasibility Study. See
Endnote 212.
1072
42 USC §5119a Note. Child Abuse Prevention and Treatment and Adoption Reform: Pilot Program for National Criminal History Background Checks and Feasibility Study. See
Endnote 212.
1073
42 USC §5119c. Child Abuse Prevention and Treatment and Adoption Reform: Definitions. See Endnote 213.
1074
42 USC §5119c. Child Abuse Prevention and Treatment and Adoption Reform: Definitions. See Endnote 213.
338
339
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.’’.
339
340
Complied by the American Bar Association Commission on Domestic Violence – 2010.
SEC. 1198. TRANSPORTATION AND SUBSISTENCE FOR SPECIAL SESSIONS OF DISTRICT COURTS.
(a) TRANSPORTATION AND SUBSISTENCE.—Section 141(b)1075 of title 28, United States Code, as added by section 2(b)1076 of Public Law 109–63,1077
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 1078 and 42851079
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)1080 of title 28, United States Code, as added by subsection (a) of this section.
1075
28 USC §141. District Courts: Special Sessions; Places; Notice. See Endnote 105.
PL 109-63 §2. Federal Judiciary Emergency Special Sessions Act of 2005; Emergency Authority to Conduct Court Proceedings Outside the Territorial Jurisdiction of the Court.
See Endnote 321.
1077
PL 109-63. Federal Judiciary Emergency Special Sessions Act of 2005. See Endnote 321.
1078
18 USC §4282. Discharge and Release Payments: Arrested but Unconvicted Persons. See Endnote 91.
1079
18 USC §4285. Discharge and Release Payments: Persons Released Pending Further Judicial Proceedings. See Endnote 92.
1080
28 USC §141. District Courts: Special Sessions; Places; Notice. See Endnote 105.
1076
340
341
Complied by the American Bar Association Commission on Domestic Violence – 2010.
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.
(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
341
342
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
(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.
342
343
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(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.
(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.
343
344
Complied by the American Bar Association Commission on Domestic Violence – 2010.
ENDNOTES
344
345
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Italics = Existing Statutes in effect in October 2005
Underlined = new statues created by VAWA 2005
End.
Statute
Chapter: Section Title
5 USC 522a
TITLE 5: Government Organization and Employees
The Agencies Generally: Records maintained on individuals.
2
3
6 USC 531
6 USC 533
TITLE 6: Domestic Security
Homeland Security Organization: Bureau of alcohol, tobacco, firearms, and explosives.
Homeland Security Organization: Personnel management demonstration project.
4
5
6
7
8
9
10
11
12
13
8 USC 1101
8 USC 1101 Note
8 USC 1105
8 USC 1105a
8 USC 1151
8 USC 1153
8 USC 1154
8 USC 1182
8 USC 1184
8 USC 1186a
14
15
16
17
18
8 USC 1202
8 USC 1227
8 USC 1229
8 USC 1229a
8 USC 1229b
1
TITLE 8: Aliens and Nationality
Immigration and Nationality: Definitions. INA 101
Immigration and Nationality: IIRIRA 309
Immigration and Nationality: Liaison with internal security officers; data exchange. INA 105
Immigration and Nationality: Employment authorization for battered spouses of certain nonimmigrants. INA 106
Immigration and Nationality: Worldwide level of immigration. INA 201
Immigration and Nationality: Allocation of immigrant visas. INA 203
Immigration and Nationality: Procedure for granting immigrant status. INA 204
Immigration and Nationality: Inadmissible aliens. INA 212
Immigration and Nationality: Admission of nonimmigrants. INA 214
Immigration and Nationality: Conditional permanent resident status for certain alien spouses and sons and daughters.
INA 216
Immigration and Nationality: Application for visas. INA 222
Immigration and Nationality: Deportable aliens. INA 237
Immigration and Nationality: Initiation of removal proceedings. INA 239; IIRIRA 304
Immigration and Nationality: Removal proceedings. INA 240; IIRIRA 304
Immigration and Nationality: Cancellation of removal; adjustment of status. INA 240A; IIRIRA 304
345
346
Complied by the American Bar Association Commission on Domestic Violence – 2010.
19
20
21
22
23
8 USC 1229c
8 USC 1231
8 USC 1252b
8 USC 1254
8 USC 1255
24
25
26
27
28
8 USC 1255 Note
8 USC 1255 Note
8 USC 1255 Note
8 USC 1258
8 USC 1259
29
30
31
8 USC 1324
8 USC 1357
8 USC 1365
32
33
8 USC 1367
8 USC 1373
34
35
8 USC 1375
8 USC 1641
Immigration and Nationality: Voluntary departure. INA 240B; IIRIRA 304
Immigration and Nationality: Detention and removal of aliens ordered removed. INA 241
Immigration and Nationality: Repealed. INA 242B
Immigration and Nationality: Suspension of deportation. INA 244
Immigration and Nationality: Adjustment of status of nonimmigrant to that of person admitted for permanent
residence. INA 245
Immigration and Nationality: Public Law 89-732: Cuban Refugees
Immigration and Nationality: Public Law 105-100: Nicaraguan Refugees
Immigration and Nationality: Public Law 105-277: Haitian Refugees
Immigration and Nationality: Change of nonimmigrant classification. INA 248
Immigration and Nationality: Record of admission for permanent residence in the case of certain aliens who entered
the United States prior to January 1, 1972. INA 249
Immigration and Nationality: Bringing in and harboring certain aliens. INA 274
Immigration and Nationality: Powers of immigration officers and employees. INA 287
Immigration and Nationality: Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban
Nationals.
Immigration and Nationality: Penalties for disclosure of information. IIRIRA 384
Immigration and Nationality: Communication between government agencies and the Immigration and Naturalization
Service. IIRIRA 642
Immigration and Nationality: Mail-order bride business. IIRIRA 652
Restricting Welfare and Public Benefits for Aliens: Definitions. IIRIRA 501
10 USC 2164
TITLE 10: Armed Forces
Department of Defense Schools: Department of Defense domestic dependent elementary and secondary schools.
12 USC 1701q
12 USC 1701s
12 USC 1715e
TITLE 12: Banks and Banking
National Housing: Supportive housing for the elderly.
National Housing: Rent supplement payments for qualified lower income families.
National Housing: Cooperative housing insurance. NHA 213
36
37
38
39
346
347
Complied by the American Bar Association Commission on Domestic Violence – 2010.
40
41
42
43
44
12 USC 1715k
12 USC 1715l
12 USC 1715n
12 USC 1715v
12 USC 1715z-1
National Housing: Rehabilitation and neighborhood conservation housing insurance. NHA 220
National Housing: Housing for moderate income and displaced families. NHA 221
National Housing: Miscellaneous mortgage insurance. NHA 223
National Housing: Insurance of mortgages for housing for elderly persons. NHA 231
National Housing: Rental and cooperative housing for lower income families. NHA 236
45
17 USC
Copyrights: Table of Contents.
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
18 USC 16
18 USC CH 7
18 USC 115
18 USC 117
18 USC 475
18 USC CH 33
18 USC 716
18 USC 921
18 USC 922
18 USC 1151
18 USC CH 77
18 USC 1581
18 USC 1583
18 USC 1584
18 USC 1589
18 USC 1590
62
18 USC 1592
TITLE 17: Copyrights
TITLE 18: Crimes and Criminal Procedure
General Provisions: Crime of violence defined.
Assault: Table of Contents.
Assault: Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
Assault: Domestic Assault by an Habitual Offender.
Counterfeiting and Forgery: Imitating obligations or securities; advertisements.
Emblems, Insignia, and Names: Table of Contents.
Emblems, Insignia, and Names: Public employee insignia and uniform.
Firearms: Definitions.
Firearms: Unlawful acts.
Indians: Indian country defined.
Peonage, Slavery, and Trafficking Persons: Table of Contents.
Peonage, Slavery, and Trafficking Persons: Peonage; obstructing enforcement
Peonage, Slavery, and Trafficking Persons: Enticement into slavery.
Peonage, Slavery, and Trafficking Persons: Sale into voluntary servitude.
Peonage, Slavery, and Trafficking Persons: Forced labor.
Peonage, Slavery, and Trafficking Persons: Trafficking with respect to peonage, slavery, involuntary servitude, or
forced labor.
Peonage, Slavery, and Trafficking Persons: Unlawful conduct with respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced labor.
347
348
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
18 USC 1791
18 USC 1913
18 USC 1960
18 USC CH 109A
18 USC 2241
18 USC 2242
18 USC 2243
18 USC 2244
18 USC CH 110A
18 USC 2261
18 USC 2261A
18 USC 2262
18 USC 2265
18 USC 2265A
18 USC 2266
18 USC 2516
79
18 USC 2703
80
81
82
83
84
85
86
87
88
89
18 USC CH 203
18 USC 3050
18 USC 3051
18 USC 3060
18 USC 3142
18 USC CH 213
18 USC 3283
18 USC 3297
18 USC 3298
18 USC 3621
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Prisons: Providing or possessing contraband in prison.
Public Officers and Employees: Lobbying with appropriated moneys.
Racketeering: Prohibition of unlicensed money transmitting businesses.
Sexual Abuse: Table of Contents.
Sexual Abuse: Aggravated sexual abuse.
Sexual Abuse: Sexual abuse.
Sexual Abuse: Sexual abuse of a minor or ward.
Sexual Abuse: Abusive sexual contact.
Domestic Violence and Stalking: Table of Contents.
Domestic Violence and Stalking: Interstate domestic violence.
Domestic Violence and Stalking: Interstate Stalking
Domestic Violence and Stalking: Interstate violation of protection order.
Domestic Violence and Stalking: Full faith and credit given to protection orders.
Domestic Violence and Stalking: Repeat Offenders.
Domestic Violence and Stalking: Definitions.
Wire and Electronic Communications Interception and Interception of Oral Communications: Authorization for
interception of wire, oral, or electronic communications.
Wire and Electronic Communications Interception and Interception of Oral Communications: Required disclosure of
customer communications or records.
Arrest and Commitment: Table of Contents.
Arrest and Commitment: Bureau of Prisons employees' powers.
Arrest and Commitment: Powers of special agents of bureau of alcohol, tobacco, firearms, and explosives.
Arrest and Commitment: Preliminary examination.
Release and Detention Pending Judicial Proceedings: Release or detention of a defendant pending trial.
Limitations: Table of Contents.
Limitations: Offenses against children.
Limitations: Cases involving DNA evidence.
Limitations: Trafficking-related offenses.
Postsentence Administration: Imprisonment of a convicted person.
348
349
90
91
92
18 USC 4006
18 USC 4282
18 USC 4285
Complied by the American Bar Association Commission on Domestic Violence – 2010.
General Provisions: Subsistence for prisoners.
Discharge and Release Payments: Arrested but unconvicted persons.
Discharge and Release Payments: Persons released pending further judicial proceedings.
93
94
20 USC 921
20 USC 1092
95
20 USC 1152
96
20 USC 6399
TITLE 20: Education
Overseas Defense Dependents’ Education: Defense dependents' education system.
Higher Education Resources and Student Assistance: Institutional and financial assistance information for students.
HEA 485
Higher Education Resources and Student Assistance: Grants to combat violent crimes against women on campuses.
HEA 826
Strengthening and Improvement of Elementary and Secondary Schools: Definitions.
97
21 USC 802
TITLE 21: Food and Drugs
Drug Abuse Prevention and Control: Definitions.
98
99
22 USC 7102
22 USC 7105
TITLE 22: Foreign Relations and Intercourse
Trafficking Victims Protection: Definitions. TVPA 103
Trafficking Victims Protection: Protection and assistance for victims of trafficking. TVPA 107
TITLE 25: Indians
100
101
102
103
104
105
106
25 USC 450b
25 USC 2802
25 USC 2803
25 USC 4101
25 USC 4103
Miscellaneous: Definitions.
Indian Law Enforcement Reform: Indian law enforcement responsibilities.
Indian Law Enforcement Reform: Law enforcement authority.
Native American Housing Assistance and Self Determination: Congressional findings.
Native American Housing Assistance and Self Determination: Definitions.
28 USC 141
28 USC 510
TITLE 28: Judiciary and Judicial Procedure
District Courts: Special sessions; places; notice.
The Attorney General: Delegation of authority.
349
350
107
108
28 USC 524
28 USC 534
109
110
111
112
28 USC CH 40A
28 USC 599A
28 USC 599B
28 USC 1746
Complied by the American Bar Association Commission on Domestic Violence – 2010.
The Attorney General: Availability of appropriations.
Federal Bureau of Investigation: Acquisition, preservation, and exchange of identification records and information;
appointment of officials.
Bureau of Alcohol, Tobacco, Firearms, and Explosives: Table of Contents.
Bureau of Alcohol, Tobacco, Firearms, and Explosives: Bureau of alcohol, tobacco, firearms, and explosives.
Bureau of Alcohol, Tobacco, Firearms, and Explosives: Personnel management demonstration project.
Evidence; Documentary: Unsworn declarations under penalty of perjury.
113
29 USC 794
114
29 USC 796f-5
TITLE 29: Labor
Vocational Rehabilitation and Other Rehabilitation: Nondiscrimination under Federal grants and programs;
promulgation of rules and regulations. RA of 1973 504
Vocational Rehabilitation and Other Rehabilitation: “Eligible agency” defined. RA of 1973 410
115
116
117
31 USC 3335
31 USC 6503
31 USC 6503 Note
TITLE 31: Money and Finance
Depositing, Keeping, and Paying Money: Timely disbursement of Federal funds.
Intergovernmental Cooperation: Intergovernmental financing.
Intergovernmental Cooperation: Treatment of compensation of reimbursement paid pursuant to other laws.
118
119
120
121
42 USC 280b
42 USC 280b-1c
42 USC 280g – g-4
42 USC 280g-4
122
123
42 USC 294g – g-10
42 USC 294g-10
124
125
42 USC 1437a
42 USC 1437c-1
TITLE 42: The Public Health and Welfare
Public Health Services: Prevention and Control of Injuries: Research.
Public Health Services: Prevention and Control of Injuries: Use of allotments for rape prevention education. PHSA 393B
Public Health Services: Additional Programs: Table of Contents.
Public Health Services: Additional Programs: Grants to foster public health responses to domestic violence, dating
violence, sexual assault and stalking.
Public Health Services: Interdisciplinary, Community-Based Linkages: Table of Contents.
Public Health Services: Interdisciplinary, Community-Based Linkages: Interdisciplinary training and education on
domestic violence and other types of violence and abuse.
Low-Income Housing: Rental payments. USHA 3
Low-Income Housing: Public housing agency plans. USHA 5A
350
351
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
42 USC 1437d
42 USC 1437f
42 USC CH 46
42 USC 3712
42 USC 3712a
42 USC 3712b
42 USC 3712c
42 USC 3712d
42 USC 3712e
42 USC 3712f
42 USC 3712g
42 USC 3732
42 USC 3735
42 USC 3750
42 USC 3751
42 USC 3752
42 USC 3753
42 USC 3754
42 USC 3755
42 USC 3756
42 USC 3757
42 USC 3758
42 USC 3759
42 USC 3760
42 USC 3761
42 USC 3762
42 USC 3762a
42 USC 3763
42 USC 3766
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Low-Income Housing: Contract provisions and requirements; loans and annual contributions. USHA 6
Low-Income Housing: Low-income housing assistance. USHA 8
Justice System Improvement: Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
Office of Justice Programs: Duties and functions of Assistant Attorney General. OCCSSA 102
Office of Justice Programs: Office of weed and seed strategies. OCCSSA 103
Office of Justice Programs: Weed and seed strategies. OCCSSA 104
Office of Justice Programs: Inclusion of Indian tribes. OCCSSA 105
Office of Justice Programs: Office of audit, assessment and management. OCCSSA 106
Office of Justice Programs: Community capacity development office. OCCSSA 107
Office of Justice Programs: Division of applied law enforcement technology. OCCSSA 10[8]
Office of Justice Programs: Availability of funds. OCCSSA 10[9]
Bureau of Justice Statistics: Bureau of justice statistics. OCCSSA 302
Bureau of Justice Statistics: Use of data. OCCSSA 304
Edward Byrne Memorial Justice Assistance Grant Program: Name of programs. OCCSSA 500
Edward Byrne Memorial Justice Assistance Grant Program: Description. OCCSSA 501
Edward Byrne Memorial Justice Assistance Grant Program: Applications. OCCSSA 502
Edward Byrne Memorial Justice Assistance Grant Program: Review of applications. OCCSSA 503
Edward Byrne Memorial Justice Assistance Grant Program: Rules. OCCSSA 504
Edward Byrne Memorial Justice Assistance Grant Program: Formula. OCCSSA 505
Edward Byrne Memorial Justice Assistance Grant Program: Reserved funds. OCCSSA 506
Edward Byrne Memorial Justice Assistance Grant Program: Interest-bearing trust funds. OCCSSA 507
Edward Byrne Memorial Justice Assistance Grant Program: Authorization of appropriations. OCCSSA 508
Drug Control and System Improvement Grant Program: Improvement of criminal justice records.
Grants to Public and Private Entities: Purposes.
Grants to Public and Private Entities: Allocation of funds for grants. OCCSSA 511
Grants to Public and Private Entities: Limitation on use of discretionary grant funds.
Grants to Public and Private Entities: Correctional options grants. OCCSSA 515
General Requirements: Application requirements. OCCSSA 517
Administrative Provisions: Evaluation. OCCSSA 520
351
352
155
156
157
158
159
160
42 USC 3766b
42 USC 3769
42 USC 3769a
42 USC 3769b
42 USC 3769c
42 USC 3769d
161
162
163
164
165
166
167
168
169
170
171
172
173
42 USC 3782
42 USC 3783
42 USC 3784
42 USC 3785
42 USC 3789
42 USC 3789g
42 USC 3791
42 USC 3793
42 USC 3796
42 USC 3796a
42 USC 3796b
42 USC 3796h
42 USC 3796aa-7
174
175
176
42 USC 3796bb-1
42 USC 3796cc-1
42 USC 3796dd
177
178
179
180
42 USC 3796dd-1
42 USC 3796ee
42 USC 3796ee-2
42 USC 3796ee-10
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Administrative Provisions: Reports. OCCSSA 522
Criminal Justice Facility Construction: Pilot Program: Authority for payments.
Criminal Justice Facility Construction: Pilot Program: Eligibility.
Criminal Justice Facility Construction: Pilot Program: Application; approval; payment.
Criminal Justice Facility Construction: Pilot Program: Recapture provisions.
Criminal Justice Facility Construction: Pilot Program: Clearinghouse on the construction and modernization of criminal
justice facilities.
Administrative Provisions: Rules, regulations, and procedures; consultations and establishment. OCCSSA 801
Administrative Provisions: Notice and hearing on denial or termination of grant.
Administrative Provisions: Finality of determinations.
Administrative Provisions: Appellate court review.
Administrative Provisions: Title to personal property. OCCSSA 808
Administrative Provisions: Confidentiality of information. OCCSSA 812
Definitions: General Provisions. OCCSSA 901
Funding: Authorization of appropriations. OCCSSA 1001
Death Benefits: Payment of death benefits. OCCSSA 1201
Death Benefits: Limitation on benefits. OCCSSA 1202
Death Benefits: Definitions. OCCSSA 1204
Regional Information Sharing Systems: Regional information sharing systems grants. OCCSSA 1301
Grants for closed circuit televising of testimony of children who are victims of abuse: State Office. Repealed. OCCSSA
1408
Rural Drug Enforcement: Other requirements. OCCSSA 1502
Criminal Child Support Enforcement: State applications. OCCSSA 1602
Public Safety and Community Policing; “Cops on the Beat”: Authority to make public safety and community policing
grants. OCCSSA 1701
Public Safety and Community Policing; “Cops on the Beat”: Applications. OCCSSA 1702
Juvenile Accountability Block Grants: Program authorized. OCCSSA 1801
Juvenile Accountability Block Grants: Grant eligibility. OCCSSA 1803
Juvenile Accountability Block Grants: Authorization of appropriations. OCCSSA 1810
352
353
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
42 USC 3796ff-1
42 USC 3796ff-2
42 USC 3796ff-3
42 USC 3796gg
42 USC 3796gg-0
42 USC 3796gg-0a
42 USC 3796gg-0b
42 USC 3796gg-0c
42 USC 3796gg-0d
42 USC 3796gg-1
42 USC 3796gg-2
42 USC 3796gg-3
42 USC 3796gg-4
42 USC 3796gg-5
42 USC 3796gg-6
42 USC 3796gg-7
197
198
199
200
201
202
203
204
205
42 USC 3796gg-8
42 USC 3796gg-9
42 USC 3796gg-10
42 USC 3796gg-11
42 USC 3796hh
42 USC 3796hh-1
42 USC 3796hh-2
42 USC 3796hh-3
42 USC 3796hh-4
206
42 USC 3796hh-5
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Residential Substance Abuse Treatment Centers for State Prisoners: State applications. OCCSSA 1902
Residential Substance Abuse Treatment Centers for State Prisoners: Review of state applications. OCCSSA 1903
Residential Substance Abuse Treatment Centers for State Prisoners: Allocation and distribution of funds. OCCSSA 1904
Grants to Combat Violent Crimes Against Women: Purpose of the program and grants. OCCSSA 2001
Grants to Combat Violent Crimes Against Women: Establishment of Violence Against Women Office.
Grants to Combat Violent Crimes Against Women: Director of Violence Against Women Office.
Grants to Combat Violent Crimes Against Women: Duties and functions of Director of Violence Against Women Office.
Grants to Combat Violent Crimes Against Women: Staff of Violence Against Women Office.
Grants to Combat Violent Crimes Against Women: Authorization of appropriation.
Grants to Combat Violent Crimes Against Women: State grants. OCCSSA 2007
Grants to Combat Violent Crimes Against Women: Definitions and grant conditions. OCCSSA 2008
Grants to Combat Violent Crimes Against Women: General terms and conditions. OCCSSA 2009
Grants to Combat Violent Crimes Against Women: Rape exam payments. OCCSSA 2010
Grants to Combat Violent Crimes Against Women: Costs for criminal charges and protection orders.
Grants to Combat Violent Crimes Against Women: Legal assistance for victims. OCCSSA 2012
Grants to Combat Violent Crimes Against Women: Education, training, and enhanced services to end violence against
and abuse of women with disabilities.
Grants to Combat Violent Crimes Against Women: Polygraph testing prohibition. OCCSSA 2013
Grants to Combat Violent Crimes Against Women: Sexual assault services. OCCSSA 2014
Grants to Combat Violent Crimes Against Women: Grants to Indian tribal governments. OCCSSA 2017
Grants to Combat Violent Crimes Against Women: Tribal deputy. OCCSSA 2018
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Grants. OCCSSA 2101
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Applications. OCCSSA 2102
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Reports.
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Regulations or guidelines.
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Definitions and grant conditions. OCCSSA
2105
Grants to Encourage Arrest Policies and Enforcement of Protection Orders: Training and technical assistance. OCCSSA
2106
353
354
207
208
209
210
211
212
42 USC 3797a
42 USC 3797e
42 USC 3797u
42 USC 3797u-2
42 USC 3797u-6
42 USC 5119a Note
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
42 USC 5119c
42 USC 5301
42 USC 5603
42 USC 5633
42 USC 5712d
42 USC 8013
42 USC 10410
42 USC 10416
42 USC 10501
42 USC 10601
42 USC 10602
42 USC 10603
42 USC 11383
42 USC 12102
42 USC 12701
42 USC 12705
42 USC 12745
42 USC 12901
42 USC 13003
42 USC 13011
42 USC 13012
42 USC 13013
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Matching Grant Program for School Security: Program authorized. OCCSSA 2701
Matching Grant Program for School Security: Authorization of appropriations. OCCSSA 2705
Drug Courts: Grant authority. OCCSSA 1951
Drug Courts: Definition. OCCSSA 2953
Drug Courts: Distribution and allocation. OCCSSA 2957
Child Abuse Prevention and Treatment and Adoption Reform: Pilot Program for National Criminal History Background
Checks and Feasibility Study.
Child Abuse Prevention and Treatment and Adoption Reform: Definitions.
Community Development: Congressional findings and declaration of purpose.
Juvenile Justice and Delinquency Prevention: Definitions.
Juvenile Justice and Delinquency Prevention: State plans.
Juvenile Justice and Delinquency Prevention: Grants for prevention of sexual abuse and exploitation.
Congregate Housing Services: Supportive housing for persons with disabilities.
Family Violence Prevention and Services: Grants for State domestic violence coalitions.
Family Violence Prevention and Services: National domestic violence hotline grant.
Emergency Federal Law Enforcement Assistance: Application for assistance.
Victim Compensation and Assistance: Crime victims fund. VCA 1402
Victim Compensation and Assistance: Crime victim compensation. VCA 1403
Victim Compensation and Assistance: Crime victim assistance. VCA 1404
Homeless Assistance: Eligible activities.
Equal Opportunity for Individuals with Disabilities: Definitions.
National Affordable Housing: National housing pool.
National Affordable Housing: State and local housing strategies.
National Affordable Housing: Qualification as affordable housing. CGNAHA 215
Housing Opportunities for Persons with AIDS: Purpose.
Victims of Child Abuse: Grants for specialized technical assistance and training programs. VCAA 214A
Victims of Child Abuse: Findings. VCAA 215
Victims of Child Abuse: Purpose. VCAA 216
Victims of Child Abuse: Strengthening of court-appointed special advocate program. VCAA 217
354
355
Complied by the American Bar Association Commission on Domestic Violence – 2010.
235
236
237
42 USC 13013a
42 USC 13014
42 USC 14132
238
239
42 USC 14135
42 USC 14135a
240
42 USC 14135b
241
42 USC 14601
242
243
244
42 USC 15202
42 USC 15208
42 USC 15606
Victims of Child Abuse: Report. VCAA 218
Victims of Child Abuse: Authorization of appropriations. VCAA 219
Violent Crime Control and Law Enforcement: Index to facilitate law enforcement exchange of DNA identification
information.
Violent Crime Control and Law Enforcement: The Debbie Smith DNA Backlog Grant Program.
Violent Crime Control and Law Enforcement: Collection and use of DNA identification information from certain Federal
offenders.
Violent Crime Control and Law Enforcement: Collection and use of DNA identification information from certain District
of Columbia offenders.
Criminal Justice Identification, Information, and Communication: State grant program for criminal justice
identification, information, and communication.
Public Safety Officer Medal of Valor and Tributes: Medal of Valor Board.
Public Safety Officer Medal of Valor and Tributes: Law enforcement tribute acts.
Prison Rape Elimination: National prison rape elimination commission.
245
246
43 USC 1601
43 USC 1602
TITLE 43: Public Lands
Alaska Native Claims Settlement: Congressional findings and declaration of policy.
Alaska Native Claims Settlement: Definitions.
247
248
47 USC 151 Note
47 USC 223
249
250
251
252
101-649; 6
103-322
103-322; 20301
103-322; 30201
TITLE 47: Telegraphs, Telephones, and Radiotelegraphs
Wire or Radio Communication: Grandfathering of states that tax internet access.
Wire or Radio Communication: Obscene or harassing telephone calls in the District of Columbia or in interstate or
foreign communications.
Public Laws
Immigration Act of 1990: Conforming amendments.
VCCLEA (Violent Crime Control and Law Enforcement Act of 1994): Table of contents.
VCCLEA: Incarceration of Undocumented Criminal Aliens.
VCCLEA: Payments to Local Governments.
355
356
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
103-322; 30202
103-322; 30203
103-322; 30204
103-322; 30205
103-322; 30206
103-322; 30207
103-322; 30208
103-322; 30701
103-322; 30702
103-322; 32401
103-322; 40001
103-322; 40002
103-322; 40114
103-322; 40152
103-322; 40155
268
103-322; 40295
269
103-322; 40297
270
103-322; 40299
271
272
273
103-322; 40603
103-322; 40610
103-322; 40802
274
103-322; 40803
Complied by the American Bar Association Commission on Domestic Violence – 2010.
VCCLEA: Authorization of Appropriations.
VCCLEA: Qualification for Payment.
VCCLEA: Allocation and Distribution of Funds.
VCCLEA: Utilization of Private Sector.
VCCLEA: Public Participation.
VCCLEA: Administrative Provisions.
VCCLEA: Definitions.
VCCLEA: Grant Authority.
VCCLEA: Authorization of Appropriations.
VCCLEA: Gang Resistance Education and Training projects.
VCCLEA / VAWA 1994. Short title.
VCCLEA / VAWA 1994. Definitions and grant provisions.
VCCLEA / VAWA 1994. Federal Penalties for Sex Crimes: Authorization for federal victim assistants.
VCCLEA / VAWA 1994. Assistance to Victims of Sexual Assault: Training programs.
VCCLEA / VAWA 1994: Education and prevention grants to reduce sexual abuse of runaway, homeless, and street
youth.
VCCLEA / VAWA 1994. Rural Domestic Violence and Child Abuse Enforcement: Rural domestic violence, dating
violence, sexual assault, stalking, and child abuse enforcement assistance.
VCCLEA / VAWA 1994. Research on Effective Interventions to Address Violence Against Women: Research on effective
interventions in the health care setting.
VCCLEA / VAWA 1994. Rural Domestic Violence and Child Abuse Enforcement: Transitional housing assistance grants
for child victims of domestic violence, stalking, or sexual assault.
VCCLEA / VAWA 1994. National Stalker and Domestic Violence Reduction: Authorization of appropriations.
VCCLEA / VAWA 1994. National Stalker and Domestic Violence Reduction: Report to congress.
VCCLEA / VAWA 1994. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against
Older or Disabled Individuals: Enhanced training and services to end violence against and abuse of women
later in life.
VCCLEA / VAWA 1994. Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and Sexual Assault Against
Older or Disabled Individuals: Authorization of appropriations.
356
357
275
276
277
278
279
280
103-322; 41001
103-322; 41002
103-322; 41003
103-322; 41004
103-322; 41005
103-322; 41006
281
103-322; 41101
282
103-322; 41102
283
103-322; 41103
284
103-322; 41104
285
103-322; 41105
286
103-322; 41201
287
103-322; 41202
288
103-322; 41203
289
103-322; 41204
290
103-322; 41301
291
103-322; 41302
Complied by the American Bar Association Commission on Domestic Violence – 2010.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: Short title.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: Purpose.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: Grant requirements.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: National education curricula.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: Tribal curricula.
VCCLEA / VAWA 1994. Violence Against Women Act Court Training and Improvements: Authorization of
appropriations.
VCCLEA / VAWA 1994. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and
Stalking: Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence,
sexual assault, and stalking.
VCCLEA / VAWA 1994. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and
Stalking: Purpose areas.
VCCLEA / VAWA 1994. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and
Stalking: Eligible entities.
VCCLEA / VAWA 1994. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and
Stalking: Grant conditions.
VCCLEA / VAWA 1994. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and
Stalking: Authorization of appropriations.
VCCLEA / VAWA 1994. Services, Education, Protection and Justice for Young Victims of Violence: Services to advocate
for and respond to youth.
VCCLEA / VAWA 1994. Services, Education, Protection and Justice for Young Victims of Violence: Access to justice for
youth.
VCCLEA / VAWA 1994. Services, Education, Protection and Justice for Young Victims of Violence: Grants for training
and collaboration on the intersection between domestic violence and child maltreatment.
VCCLEA / VAWA 1994. Services, Education, Protection and Justice for Young Victims of Violence: Grants to combat
domestic violence, dating violence, sexual assault, and stalking in middle and high schools.
VCCLEA / VAWA 1994. Strengthening America’s Families by Preventing Violence Against Women and Children:
Findings.
VCCLEA / VAWA 1994. Strengthening America’s Families by Preventing Violence Against Women and Children:
357
358
292
103-322; 41303
293
103-322; 41304
294
103-322; 41305
295
103-322; 41401
296
103-322; 41402
297
103-322; 41403
298
103-322; 41404
299
103-322; 41405
300
103-322; 41501
301
302
303
304
305
306
307
308
309
310
103-322; 170101
103-322; 170102
103-322: 210501
103-322: 210601
104-132; 815
105-119; 102
105-119; 502
106-386
106-386; 1001
106-386; 1301
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Purpose.
VCCLEA / VAWA 1994. Strengthening America’s Families by Preventing Violence Against Women and Children: Grants
to assist children and youth exposed to violence.
VCCLEA / VAWA 1994. Strengthening America’s Families by Preventing Violence Against Women and Children:
Development of curricula and pilot programs for home visitation projects.
VCCLEA / VAWA 1994. Strengthening America’s Families by Preventing Violence Against Women and Children:
Engaging men and youth in preventing domestic violence, dating violence, sexual assault, and stalking.
VCCLEA / VAWA 1994. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual
Assault, and Stalking: Findings.
VCCLEA / VAWA 1994. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual
Assault, and Stalking: Purpose.
VCCLEA / VAWA 1994. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual
Assault, and Stalking: Definitions.
VCCLEA / VAWA 1994. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual
Assault, and Stalking: Collaborative grants to increase the long-term stability of victims.
VCCLEA / VAWA 1994. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual
Assault, and Stalking: Grants to combat violence against women in public and assisted housing.
VCCLEA / VAWA 1994. National Resource Center: Grant for national resource center on workplace responses to assist
victims of domestic and sexual violence.
VCCLEA 1994: Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program.
VCCLEA 1994: FBI database.
VCCLEA 1994: Improved Training and Technical Automation.
VCCLEA 1994: Reauthorization of Office of Justice Programs.
Antiterrorism and Effective Death Penalty Act of 1996: Department of justice.
Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1998.
Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1998.
VTVPA (Victims of Trafficking and Violence Protection Act of 2000): Table of contents.
VTVPA / VAWA 2000: Grants to Combat Violent Crimes Against Women: Definitions and grant conditions.
VTVPA / VAWA 2000: Limiting the Effects of Violence on Children: Safe havens for children.
358
359
311
312
313
314
315
106-386; 1506
106-386; 2001
107-56; 322
107-56; 623
107-56; 701
316
317
318
107-196
107-347; 208
108-7
319
320
321
108-358
109-13; 101
109-63; 2
322
Tit. 8; Sec. 212.2
Complied by the American Bar Association Commission on Domestic Violence – 2010.
VTVPA / VAWA 2000: Restoring immigration protections under the Violence Against Women Act of 1994.
VTVPA 2000: Aimee’s law.
USA Patriot Act of 2001: Corporation represented by a fugitive.
USA Patriot Act of 2001: Crime victim assistance.
USA Patriot Act of 2001: Expansion of regional information sharing system to facilitate federal-state-local law
enforcement response related to terrorist attacks.
Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002.
Privacy Provisions.
Southwest Border Prosecutor Initiative: Community Oriented Policing Services of the Department of Justice
Appropriations Act of 2003.
Anabolic Steroid Control Act of 2004.
Real ID Act of 2005: Preventing terrorists from obtaining relief from removal.
Federal Judiciary Emergency Special Sessions Act of 2005; Emergency authority to conduct court proceedings outside
the territorial jurisdiction of the court.
Code of Federal Regulations
Aliens and Nationality: Consent to reapply for admission after deportation, removal or departure at Government
expense.
359
360
Complied by the American Bar Association Commission on Domestic Violence – 2010.
Endnote 1
5 USC Sec. 552a
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 5 - ADMINISTRATIVE PROCEDURE
SUBCHAPTER II - ADMINISTRATIVE PROCEDURE
Sec. 552a. Records maintained on individuals
(a) Definitions. - For purposes of this section (1) the term "agency" means agency as defined in section 552(e)(1) of this title;
(2) the term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term "maintain" includes maintain, collect, use, or disseminate;
(4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including,
but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the
identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term "system of records" means a group of any records under the control of any agency from which information is retrieved by the
name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term "statistical record" means a record in a system of records maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13;
(7) the term "routine use" means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with
the purpose for which it was collected;
(8) the term "matching program" (A) means any computerized comparison of (i) two or more automated systems of records or a system of records with non-Federal records for the purpose of (I) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by,
applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance
or payments under Federal benefit programs, or
(II) recouping payments or delinquent debts under such Federal benefit programs, or
360
361
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(ii) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records
with non-Federal records,
(B) but does not include (i) matches performed to produce aggregate statistical data without any personal identifiers;
(ii) matches performed to support any research or statistical project, the specific data of which may not be used to make
decisions concerning the rights, benefits, or privileges of specific individuals;
(iii) matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining
to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a
named person or persons for the purpose of gathering evidence against such person or persons;
(iv) matches of tax information (I) pursuant to section 6103(d) of the Internal Revenue Code of 1986, (II) for purposes of tax
administration as defined in section 6103(b)(4) of such Code, (III) for the purpose of intercepting a tax refund due an individual under
authority granted by section 404(e), 464, or 1137 of the Social Security Act; or (IV) for the purpose of intercepting a tax refund due an
individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the
Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the
procedures in section 1137 of the Social Security Act;
(v) matches (I) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes
(subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)); or
(II) conducted by an agency using only records from systems of records maintained by that agency; if the purpose of
the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel;
(vi) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of
Federal personnel or Federal contractor personnel;
(vii) matches performed incident to a levy described in section 6103(k)(8) of the Internal Revenue Code of 1986; or
(viii) matches performed pursuant to section 202(x)(3) or 1611(e)(1) of the Social Security Act (42 U.S.C. 402(x)(3), 1382(e)(1));
(9) the term "recipient agency" means any agency, or contractor thereof, receiving records contained in a system of records from a source
agency for use in a matching program;
(10) the term "non-Federal agency" means any State or local government, or agency thereof, which receives records contained in a system of
records from a source agency for use in a matching program;
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362
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(11) the term "source agency" means any agency which discloses records contained in a system of records to be used in a matching program,
or any State or local government, or agency thereof, which discloses records to be used in a matching program;
(12) the term "Federal benefit program" means any program administered or funded by the Federal Government, or by any agent or State
on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals;
and
(13) the term "Federal personnel" means officers and employees of the Government of the United States, members of the uniformed services
(including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement
program of the Government of the United States (including survivor benefits).
(b) Conditions of Disclosure. - No agency shall disclose any record which is contained in a system of records by any means of communication to any
person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record
pertains, unless disclosure of the record would be (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their
duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;
(4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of
title 13;
(5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
(6) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine
whether the record has such value;
(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or
criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to
the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;
(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure
notification is transmitted to the last known address of such individual;
362
363
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government
Accountability Office;
(11) pursuant to the order of a court of competent jurisdiction; or
(12) to a consumer reporting agency in accordance with section 3711(e) of title 31.
(c) Accounting of Certain Disclosures. - Each agency, with respect to each system of records under its control, shall (1) except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of (A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this
section; and
(B) the name and address of the person or agency to whom the disclosure is made;
(2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer,
after the disclosure for which the accounting is made;
(3) except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection
available to the individual named in the record at his request; and
(4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of
this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.
(d) Access to Records. - Each agency that maintains a system of records shall (1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system,
permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion
thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of
that individual's record in the accompanying person's presence;
(2) permit the individual to request amendment of a record pertaining to him and (A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request,
acknowledge in writing such receipt; and
(B) promptly, either (i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or
363
364
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(ii) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the
procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer
designated by the head of the agency, and the name and business address of that official;
(3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later
than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such
review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review,
the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise
statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review
of the reviewing official's determination under subsection (g)(1)(A) of this section;
(4) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of
the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement
and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to
persons or other agencies to whom the disputed record has been disclosed; and
(5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or
proceeding.
(e) Agency Requirements. - Each agency that maintains a system of records shall (1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency
required to be accomplished by statute or by executive order of the President;
(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse
determinations about an individual's rights, benefits, and privileges under Federal programs;
(3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that
can be retained by the individual (A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the
information and whether disclosure of such information is mandatory or voluntary;
(B) the principal purpose or purposes for which the information is intended to be used;
(C) the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and
(D) the effects on him, if any, of not providing all or any part of the requested information;
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register upon establishment or revision a notice of
the existence and character of the system of records, which notice shall include (A) the name and location of the system;
(B) the categories of individuals on whom records are maintained in the system;
(C) the categories of records maintained in the system;
(D) each routine use of the records contained in the system, including the categories of users and the purpose of such use;
(E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records;
(F) the title and business address of the agency official who is responsible for the system of records;
(G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining
to him;
(H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to
him contained in the system of records, and how he can contest its content; and
(I) the categories of sources of records in the system;
(5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;
(6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to
subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency
purposes;
(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by
statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement
activity;
(8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under
compulsory legal process when such process becomes a matter of public record;
(9) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in
maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and
procedures adopted pursuant to this section and the penalties for noncompliance;
(10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to
protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment,
inconvenience, or unfairness to any individual on whom information is maintained;
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(11) at least 30 days prior to publication of information under paragraph (4)(D) of this subsection, publish in the Federal Register notice of
any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or
arguments to the agency; and
(12) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any
establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such
establishment or revision.
(f) Agency Rules. - In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in
accordance with the requirements (including general notice) of section 553 of this title, which shall (1) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual
contains a record pertaining to him;
(2) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him
before the agency shall make the record or information available to the individual;
(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special
procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him;
(4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the
individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever
additional means may be necessary for each individual to be able to exercise fully his rights under this section; and
(5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of
the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices
published under subsection (e)(4) of this section in a form available to the public at low cost.
(g)
(1) Civil Remedies. - Whenever any agency
(A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request,
or fails to make such review in conformity with that subsection;
(B) refuses to comply with an individual request under subsection (d)(1) of this section;
(C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary
to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that
may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or
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(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse
effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have
jurisdiction in the matters under the provisions of this subsection.
(2)
(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the
individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the
matter de novo.
(B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially prevailed.
(3)
(A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding
the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall
determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any
portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to
sustain its action.
(B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially prevailed.
(4) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted
in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery
receive less than the sum of $1,000; and
(B) the costs of the action together with reasonable attorney fees as determined by the court.
(5) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in
which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia,
without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has
materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so
misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time
within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by
reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.
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(h) Rights of Legal Guardians. - For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been
declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.
(i)
(1) Criminal Penalties. - Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or
access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or
regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any
manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection
(e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.
(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses
shall be guilty of a misdemeanor and fined not more than $5,000.
(j) General Exemptions. - The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections
553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections
(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is (1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of
criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts,
correctional, probation, pardon, or parole authorities, and which consists of
(A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of
identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and
probation status;
(B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and
associated with an identifiable individual; or
(C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or
indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement
required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section.
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(k) Specific Exemptions. - The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections
553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H),
and (I) and (f) of this section if the system of records is (1) subject to the provisions of section 552(b)(1) of this title;
(2) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section:
Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he
would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent
that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity
of the source would be held in confidence;
(3) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section
3056 of title 18;
(4) required by statute to be maintained and used solely as statistical records;
(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian
employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would
reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held
in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence;
(6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the
disclosure of which would compromise the objectivity or fairness of the testing or examination process; or
(7) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such
material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the
source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be
held in confidence. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of
this title, the reasons why the system of records is to be exempted from a provision of this section.
(l)
(1) Archival Records. - Each agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in
accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the
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record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency
which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section.
(2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a
record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective
date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the
provisions of this section, except that a statement generally describing such records (modeled after the requirements relating to records subject to
subsections (e)(4)(A) through (G) of this section) shall be published in the Federal Register.
(3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record
which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of
this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the
requirements of this section except subsections (e)(4)(A) through (G) and (e)(9) of this section.
(m)
(1) Government Contractors. - When an agency provides by a contract for the operation by or on behalf of the agency of a system of records
to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such
system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or
after the effective date of this section, shall be considered to be an employee of an agency.
(2) A consumer reporting agency to which a record is disclosed under section 3711(e) of title 31 shall not be considered a contractor for the
purposes of this section.
(n) Mailing Lists. - An individual's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This
provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.
(o) Matching Agreements. –
(1) No record which is contained in a system of records may be disclosed to a recipient agency or non-Federal agency for use in a computer
matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying (A) the purpose and legal authority for conducting the program;
(B) the justification for the program and the anticipated results, including a specific estimate of any savings;
(C) a description of the records that will be matched, including each data element that will be used, the approximate number of
records that will be matched, and the projected starting and completion dates of the matching program;
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(D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data
Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to
subsection (v)), to (i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and
(ii) applicants for and holders of positions as Federal personnel, that any information provided by such applicants, recipients,
holders, and individuals may be subject to verification through matching programs;
(E) procedures for verifying information produced in such matching program as required by subsection (p);
(F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in
such matching program;
(G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such
programs;
(H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or
the non-Federal agency, except where required by law or essential to the conduct of the matching program;
(I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source
agency, including procedures governing return of the records to the source agency or destruction of records used in such program;
(J) information on assessments that have been made on the accuracy of the records that will be used in such matching program; and
(K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller
General deems necessary in order to monitor or verify compliance with the agreement.
(2)
(A) A copy of each agreement entered into pursuant to paragraph (1) shall (i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of
the House of Representatives; and
(ii) be available upon request to the public.
(B) No such agreement shall be effective until 30 days after the date on which such a copy is transmitted pursuant to subparagraph
(A)(i).
(C) Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the Data Integrity Board of the agency
determines is appropriate in light of the purposes, and length of time necessary for the conduct, of the matching program.
(D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the
agency may, without additional review, renew the matching agreement for a current, ongoing matching program for not more than one
additional year if -
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(i) such program will be conducted without any change; and
(ii) each party to the agreement certifies to the Board in writing that the program has been conducted in compliance with the
agreement.
(p) Verification and Opportunity to Contest Findings. –
(1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source
agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such
individual, or take other adverse action against such individual, as a result of information produced by such matching program, until (A)
(i) the agency has independently verified the information; or
(ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source
agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that (I) the information is limited to identification and amount of benefits paid by the source agency under a Federal
benefit program; and
(II) there is a high degree of confidence that the information provided to the recipient agency is accurate;
(B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the
opportunity to contest such findings; and
(C)
(i) the expiration of any time period established for the program by statute or regulation for the individual to respond to that
notice; or
(ii) in the case of a program for which no such period is established, the end of the 30-day period beginning on the date on
which notice under subparagraph (B) is mailed or otherwise provided to the individual.
(2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an
individual that is used as a basis for an adverse action against the individual, including where applicable investigation and confirmation of (A) the amount of any asset or income involved;
(B) whether such individual actually has or had access to such asset or income for such individual's own use; and
(C) the period or periods when the individual actually had such asset or income.
(3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency
determines that the public health or public safety may be adversely affected or significantly threatened during any notice period required by such
paragraph.
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(q) Sanctions. –
(1) Notwithstanding any other provision of law, no source agency may disclose any record which is contained in a system of records to a
recipient agency or non-Federal agency for a matching program if such source agency has reason to believe that the requirements of subsection (p),
or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient agency.
(2) No source agency may renew a matching agreement unless –
(A) the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; and
(B) the source agency has no reason to believe that the certification is inaccurate.
(r) Report on New Systems and Matching Programs. - Each agency that proposes to establish or make a significant change in a system of records or
a matching program shall provide adequate advance notice of any such proposal (in duplicate) to the Committee on Government Operations of the
House of Representatives, the Committee on Governmental Affairs of the Senate, and the Office of Management and Budget in order to permit an
evaluation of the probable or potential effect of such proposal on the privacy or other rights of individuals.
(s) Biennial Report. - The President shall biennially submit to the Speaker of the House of Representatives and the President pro tempore of the
Senate a report (1) describing the actions of the Director of the Office of Management and Budget pursuant to section 6 of the Privacy Act of 1974 during the
preceding 2 years;
(2) describing the exercise of individual rights of access and amendment under this section during such years;
(3) identifying changes in or additions to systems of records;
(4) containing such other information concerning administration of this section as may be necessary or useful to the Congress in reviewing
the effectiveness of this section in carrying out the purposes of the Privacy Act of 1974.
(t)
(1) Effect of Other Laws. - No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any
record which is otherwise accessible to such individual under the provisions of this section.
(2) No agency shall rely on any exemption in this section to withhold from an individual any record which is otherwise accessible to such
individual under the provisions of section 552 of this title.
(u) Data Integrity Boards. –
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(1) Every agency conducting or participating in a matching program shall establish a Data Integrity Board to oversee and coordinate among
the various components of such agency the agency's implementation of this section.
(2) Each Data Integrity Board shall consist of senior officials designated by the head of the agency, and shall include any senior official
designated by the head of the agency as responsible for implementation of this section, and the inspector general of the agency, if any. The
inspector general shall not serve as chairman of the Data Integrity Board.
(3) Each Data Integrity Board (A) shall review, approve, and maintain all written agreements for receipt or disclosure of agency records for matching programs to
ensure compliance with subsection (o), and all relevant statutes, regulations, and guidelines;
(B) shall review all matching programs in which the agency has participated during the year, either as a source agency or recipient
agency, determine compliance with applicable laws, regulations, guidelines, and agency agreements, and assess the costs and benefits of
such programs;
(C) shall review all recurring matching programs in which the agency has participated during the year, either as a source agency or
recipient agency, for continued justification for such disclosures;
(D) shall compile an annual report, which shall be submitted to the head of the agency and the Office of Management and Budget
and made available to the public on request, describing the matching activities of the agency, including (i) matching programs in which the agency has participated as a source agency or recipient agency;
(ii) matching agreements proposed under subsection (o) that were disapproved by the Board;
(iii) any changes in membership or structure of the Board in the preceding year;
(iv) the reasons for any waiver of the requirement in paragraph (4) of this section for completion and submission of a costbenefit analysis prior to the approval of a matching program;
(v) any violations of matching agreements that have been alleged or identified and any corrective action taken; and
(vi) any other information required by the Director of the Office of Management and Budget to be included in such report;
(E) shall serve as a clearinghouse for receiving and providing information on the accuracy, completeness, and reliability of records
used in matching programs;
(F) shall provide interpretation and guidance to agency components and personnel on the requirements of this section for matching
programs;
(G) shall review agency recordkeeping and disposal policies and practices for matching programs to assure compliance with this
section; and
(H) may review and report on any agency matching activities that are not matching programs.
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(4)
(A) Except as provided in subparagraphs (B) and (C), a Data Integrity Board shall not approve any written agreement for a matching
program unless the agency has completed and submitted to such Board a cost-benefit analysis of the proposed program and such analysis
demonstrates that the program is likely to be cost effective.
(B) The Board may waive the requirements of subparagraph (A) of this paragraph if it determines in writing, in accordance with
guidelines prescribed by the Director of the Office of Management and Budget, that a cost-benefit analysis is not required.
(C) A cost-benefit analysis shall not be required under subparagraph (A) prior to the initial approval of a written agreement for a
matching program that is specifically required by statute. Any subsequent written agreement for such a program shall not be approved by
the Data Integrity Board unless the agency has submitted a cost-benefit analysis of the program as conducted under the preceding approval
of such agreement.
(5)
(A) If a matching agreement is disapproved by a Data Integrity Board, any party to such agreement may appeal the disapproval to
the Director of the Office of Management and Budget. Timely notice of the filing of such an appeal shall be provided by the Director of the
Office of Management and Budget to the Committee on Governmental Affairs of the Senate and the Committee on GovernmentOperations
of the House of Representatives.
(B) The Director of the Office of Management and Budget may approve a matching agreement notwithstanding the disapproval of a
Data Integrity Board if the Director determines that (i) the matching program will be consistent with all applicable legal, regulatory, and policy requirements;
(ii) there is adequate evidence that the matching agreement will be cost-effective; and
(iii) the matching program is in the public interest.
(C) The decision of the Director to approve a matching agreement shall not take effect until 30 days after it is reported to committees
described in subparagraph (A).
(D) If the Data Integrity Board and the Director of the Office of Management and Budget disapprove a matching program proposed
by the inspector general of an agency, the inspector general may report the disapproval to the head of the agency and to the Congress.
(6) In the reports required by paragraph (3)(D), agency matching activities that are not matching programs may be reported on an
aggregate basis, if and to the extent necessary to protect ongoing law enforcement or counterintelligence investigations.
(v) Office of Management and Budget Responsibilities. – The Director of the Office of Management and Budget shall (1) develop and, after notice and opportunity for public comment, prescribe guidelines and regulations for the use of agencies in
implementing the provisions of this section; and
(2) provide continuing assistance to and oversight of the implementation of this section by agencies.
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Endnote 2
6 USC Sec. 531
Section 1111 of the Homeland Security Act of 2002
TITLE 6 - DOMESTIC SECURITY
CHAPTER 1 - HOMELAND SECURITY ORGANIZATION
SUBCHAPTER XI - DEPARTMENT OF JUSTICE DIVISIONS
Part B - Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
Sec. 531. Bureau of Alcohol, Tobacco, Firearms, and Explosives
(a) Establishment. (1) In general. - There is established within the Department of Justice under the general authority of the Attorney General the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the "Bureau").
(2) Director. - There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle
referred to as the "Director"). The Director shall be appointed by the Attorney General and shall perform such functions as the Attorney General
shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of title V, United States Code, for positions at
level III of the Executive Schedule.
(3) Coordination. - The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney
General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested
in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice
involved in the performance of these and related functions.
(4) Performance of transferred functions. - The Attorney General may make such provisions as the Attorney General determines appropriate
to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General
under this section. Transferred.
(b) Responsibilities. - Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating (1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws;
(2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the
enactment of such Act); and
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(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney
General. Transferred.
(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice. (1) In general. - Subject to paragraph (2),but notwithstanding any other provision of law, there are transferred to the Department of Justice
the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct entity
within the Department of Justice, including the related functions of the Secretary of the Treasury. Transferred.
(2) Administration and revenue collection functions. There shall be retained within the Department of the Treasury the authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of title
26, sections 4181 and 4182 of title 26, and title 27.
(3) Building prospectus. - Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and
construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a). Transferred.
(d) Tax and Trade Bureau
(1) Establishment. There is established within the Department of the Treasury the Tax and Trade Bureau.
(2) Administrator. The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under
Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive
Service.
(3) Responsibilities. The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred
to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.
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Endnote 3
6 USC Sec. 533
Section 1115 of the Homeland Security Act of 2002
TITLE 6 - DOMESTIC SECURITY
CHAPTER 1 - HOMELAND SECURITY ORGANIZATION
SUBCHAPTER XI - DEPARTMENT OF JUSTICE DIVISIONS
Part B - Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
Sec. 533. Personnel Management demonstration project
Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of title I of division C
of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 (Public Law 105-277; 122 Stat. 2681-585) shall
be transferred to the Attorney General of the United States for continued use by the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice, and the Secretary of the Treasury for continued use by the Tax and Trade Bureau. Transferred.
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Endnote 4
8 USC Sec. 1101
Sec 101 of Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1101. Definitions
(a) As used in this chapter (1) The term "administrator" means the official designated by the Secretary of State pursuant to section 1104(b) of this title.
(2) The term "advocates" includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term "alien" means any person not a citizen or national of the United States.
(4) The term "application for admission" has reference to the application for admission into the United States and not to the application for
the issuance of an immigrant or nonimmigrant visa.
(5) The term "Attorney General" means the Attorney General of the United States.
(6) The term "border crossing identification card" means a document of identity bearing that designation issued to an alien who is lawfully
admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for
the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its
issuance and use as may be prescribed by regulations. Such regulations shall provide that
(A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and
(B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the
biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term "clerk of court" means a clerk of a naturalization court.
(8) The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy
Commissioner of Immigration and Naturalization, respectively.
(9) The term "consular officer" means any consular, diplomatic, or other officer or employee of the United States designated under
regulations prescribed under authority contained in this chapter, for the purpose of issuing immigrant or nonimmigrant visas or, when used in
subchapter III of this chapter, for the purpose of adjudicating nationality.
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(10) The term "crewman" means a person serving in any capacity on board a vessel or aircraft.
(11) The term "diplomatic visa" means a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such
regulations as the Secretary of State may prescribe.
(12) The term "doctrine" includes, but is not limited to, policies, practices, purposes, aims, or procedures.
(13) (A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after
inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the
United States for purposes of the immigration laws unless the alien (i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted
relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the
United States after inspection and authorization by an immigration officer.
(14) The term "foreign state" includes outlying possessions of a foreign state, but self-governing dominions or territories under mandate or
trusteeship shall be regarded as separate foreign states.
(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens (A)
(i) an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government,
recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the
alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized
de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the
officials and employees who have a nonimmigrant status under (i) and (ii) above;
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(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of
foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country
which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;
(C) an alien in immediate and continuous transit through the United States, or an alien who qualifies as a person entitled to pass in
transit to and from the United Nations Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of
section 11 of the Headquarters Agreement with the United Nations (61 Stat. 758);
(D)
(i) an alien crewman serving in good faith as such in a capacity required for normal operation and service on board a vessel,
as defined in section 1288(a) of this title (other than a fishing vessel having its home port or an operating base in the United States),
or aircraft, who intends to land temporarily and solely in pursuit of his calling as a crewman and to depart from the United States
with the vessel or aircraft on which he arrived or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing
vessel having its home port or an operating base in the United States who intends to land temporarily in Guam and solely in pursuit
of his calling as a crewman and to depart from Guam with the vessel on which he arrived;
(E) an alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation
between the United States and the foreign state of which he is a national, and the spouse and children of any such alien if accompanying or
following to join him;
(i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States
and the foreign state of which he is a national;
(ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is
actively in the process of investing, a substantial amount of capital; or
(iii) solely to perform services in a specialty occupation in the United States if the alien is a national of the Commonwealth of
Australia and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the
Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this
title;
(F)
(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing
such a course of study consistent with section 1184(l) of this title at an established college, university, seminary, conservatory,
academic high school, elementary school, or other academic institution or in a language training program in the United States,
particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which
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institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant
student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn,
(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien,
and
(iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of
nationality, who is described in clause (i) except that the alien's qualifications for and actual course of study may be full or part-time,
and who commutes to the United States institution or place of study from Canada or Mexico;
(G)
(i) a designated principal resident representative of a foreign government recognized de jure by the United States, which
foreign government is a member of an international organization entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited
resident members of the staff of such representatives, and members of his or their immediate family;
(ii) other accredited representatives of such a foreign government to such international organizations, and the members of
their immediate families;
(iii) an alien able to qualify under (i) or (ii) above except for the fact that the government of which such alien is an accredited
representative is not recognized de jure by the United States, or that the government of which he is an accredited representative is
not a member of such international organization; and the members of his immediate family;
(iv) officers, or employees of such international organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any such representative, officer, or employee, and the members of the
immediate families of such attendants, servants, and personal employees;
(H) an alien
(i)
[(a) Repealed. Pub. L. 106-95, Sec. 2(c), Nov. 12, 1999, 113 Stat. 1316]
(b) subject to section 1182(j)(2) of this title, who is coming temporarily to the United States to perform services (other
than services described in subclause (a) during the period in which such subclause applies and other than services described in
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 1184(i)(1) of this title or as a
fashion model, who meets the requirements for the occupation specified in section 1184(i)(2) of this title or, in the case of a
fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies
to the Attorney General that the intending employer has filed with the Secretary an application under section 1182(n)(1) of
this title, or
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in
section 1184(g)(8)(A) of this title, who is engaged in a specialty occupation described in section 1184(i)(3) of this title, and
with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary
of State that the intending employer has filed with the Secretary of Labor an attestation under section 1182(t)(1) of this title,
or
(c) who is coming temporarily to the United States to perform services as a registered nurse, who meets the
qualifications described in section 1182(m)(1) of this title, and with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that an unexpired attestation is on file and in effect under section 1182(m)(2) of this title for
the facility (as defined in section 1182(m)(6) of this title) for which the alien will perform the services; or
(ii)
(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of title 26, agriculture as defined in section 203(f) of title 29, and the pressing of
apples for cider on a farm, of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States to perform other temporary service or labor if unemployed persons capable of performing such service or labor
cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to
perform services as members of the medical profession; or
(iii) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United
States as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily
to provide productive employment; and the alien spouse and minor children of any such alien specified in this paragraph if
accompanying him or following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fide representative of foreign press, radio, film, or other foreign information
media, who seeks to enter the United States solely to engage in such vocation, and the spouse and children of such a representative, if
accompanying or following to join him;
(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar,
trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar
description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States
Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting,
demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he
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will receive graduate medical education or training, also meets the requirements of section 1182(j) of this title, and the alien spouse and
minor children of any such alien if accompanying him or following to join him;
(K) subject to subsections (d) and (p) of section 1184 of this title, an alien who (i) is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid
marriage with the petitioner within ninety days after admission;
(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the beneficiary of a petition to
accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to
enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(L) subject to section 1184(c)(2) of this title, an alien who, within 3 years preceding the time of his application for admission into the
United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof
and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or
affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of
any such alien if accompanying him or following to join him;
(M)
(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United
States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized
nonacademic institution (other than in a language training program) in the United States particularly designated by him and
approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to
the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to
make reports promptly the approval shall be withdrawn,
(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien,
and
(iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of
nationality, who is described in clause (i) except that the alien's course of study may be full or part-time, and who commutes to the
United States institution or place of study from Canada or Mexico;
(N)
(i) the parent of an alien accorded the status of special immigrant under paragraph (27)(I)(i) (or under analogous authority
under paragraph (27)(L)), but only if and while the alien is a child, or
(ii) a child of such parent or of an alien accorded the status of a special immigrant under clause (ii), (iii), or (iv) of paragraph
(27)(I) (or under analogous authority under paragraph (27)(L));
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(O) an alien who (i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained
national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary
achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the
United States to continue work in the area of extraordinary ability; or
(ii)
(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic
or athletic performance by an alien who is admitted under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)
(a) has critical skills and experience with such alien which are not of a general nature and which cannot be
performed by other individuals, or
(b) in the case of a motion picture or television production, has skills and experience with such alien which are
not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with
respect to the specific production, because significant production (including pre- and post- production work) will take
place both inside and outside the United States and the continuing participation of the alien is essential to the
successful completion of the production, and
(IV) has a foreign residence which the alien has no intention of abandoning; or
(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;
(P) an alien having a foreign residence which the alien has no intention of abandoning who (i)
(a) is described in section 1184(c)(4)(A) of this title (relating to athletes), or
(b) is described in section 1184(c)(4)(B) of this title (relating to entertainment groups);
(ii)
(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of
such a group, and
(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or
entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in
the United States and an organization or organizations in one or more foreign states and which provides for the temporary
exchange of artists and entertainers, or groups of artists and entertainers;
(iii)
(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of
such a group, and
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(II) seeks to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer
or with such a group under a commercial or noncommercial program that is culturally unique; or
(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien;
(Q)
(i) an alien having a residence in a foreign country which he has no intention of abandoning who is coming temporarily (for a
period not to exceed 15 months) to the United States as a participant in an international cultural exchange program approved by the
Secretary of Homeland Security for the purpose of providing practical training, employment, and the sharing of the history, culture,
and traditions of the country of the alien's nationality and who will be employed under the same wages and working conditions as
domestic workers; or
(ii)
(I) an alien citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less
than 12 months, and having a residence for not less than 18 months in Northern Ireland, or the counties of Louth, Monaghan,
Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland, which the alien has no intention of abandoning who is
coming temporarily (for a period not to exceed 24 months) to the United States as a participant in a cultural and training
program approved by the Secretary of State and the Secretary of Homeland Security under section 2(a) of the Irish Peace
Process Cultural and Training Program Act of 1998 for the purpose of providing practical training, employment, and the
experience of coexistence and conflict resolution in a diverse society, and
(II) the alien spouse and minor children of any such alien if accompanying the alien or following to join the alien;
(R) an alien, and the spouse and children of the alien if accompanying or following to join the alien, who (i) for the 2 years immediately preceding the time of application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious organization in the United States; and
(ii) seeks to enter the United States for a period not to exceed 5 years to perform the work described in subclause (I), (II), or
(III) of paragraph (27)(C)(ii);
(S) subject to section 1184(k) of this title, an alien (i) who the Attorney General determines (I) is in possession of critical reliable information concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or
State court; and
(III) whose presence in the United States the Attorney General determines is essential to the success of an authorized
criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; or
(ii) who the Secretary of State and the Attorney General jointly determine -
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(I) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation;
(II) is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger as a result of providing such information; and
(IV) is eligible to receive a reward under section 2708(a) of title 22, and, if the Attorney General (or with respect to
clause (ii), the Secretary of State and the Attorney General jointly) considers it to be appropriate, the spouse, married and
unmarried sons and daughters, and parents of an alien described in clause (i) or (ii) if accompanying, or following to join, the
alien;
(T)
(i) subject to section 1184(o) of this title, an alien who the Attorney General Secretary of Homeland Security, or in the case of
subclause (III)(aa) the Secretary of Homeland Security and the Attorney General jointly; determines (I) is or has been a victim of a severe form of trafficking in persons, as defined in section 7102 of title 22,
(II) is physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands,
or at a port of entry thereto, on account of such trafficking,
(III)
(aa) has complied with any reasonable request for assistance in the Federal, State, or local investigation or
prosecution of acts of trafficking, or or the investigation of crime where acts of trafficking are at least one central
reason for the commission of that crime; or
(bb) has not attained 18 years of age, and
(IV) the alien would suffer extreme hardship involving unusual and severe harm upon removal; and
(ii) if the Attorney General considers it necessary to avoid extreme hardship (I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse, children, unmarried siblings
under 18 years of age on the date on which such alien applied for status under such clause, and parents of such alien; and
(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and children of such alien,
if accompanying, or following to join, the alien described in clause (i);
(ii) if accompanying, or following to join, the alien described in clause (i) (I) in the case of an alien 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
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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.
(U)
(i) subject to section 1184(p) of this title, an alien who files a petition for status under this subparagraph, if the Attorney
General Secretary of Homeland Security determines that –
(I) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity
described in clause (iii);
(II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien)
possesses information concerning criminal activity described in clause (iii);
(III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has
been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State,
or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or
prosecuting criminal activity described in clause (iii); and
(IV) the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States
(including in Indian country and military installations) or the territories and possessions of the United States;
(ii) if the Attorney General considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien
child, the parent of the alien described in clause (i), the Attorney General may also grant status under this paragraph based upon
certification of a government official listed in clause (i)(III) that an investigation or prosecution would be harmed without the
assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien; and
(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
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(iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in
violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual
contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade;
kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious
assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above
mentioned crimes; or
(V) subject to section 1184(q) of this title, an alien who is the beneficiary (including a child of the principal alien, if eligible to receive a
visa under section 1153(d) of this title) of a petition to accord a status under section 1153(a)(2)(A) of this title that was filed with the
Attorney General under section 1154 of this title on or before December 21, 2000, if (i) such petition has been pending for 3 years or more; or
(ii) such petition has been approved, 3 years or more have elapsed since such filing date, and (I) an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under
section 1153(a)(2)(A) of this title; or
(II) the alien's application for an immigrant visa, or the alien's application for adjustment of status under section 1255
of this title, pursuant to the approval of such petition, remains pending.
(16) The term "immigrant visa" means an immigrant visa required by this chapter and properly issued by a consular officer at his office
outside of the United States to an eligible immigrant under the provisions of this chapter.
(17) The term "immigration laws" includes this chapter and all laws, conventions, and treaties of the United States relating to the
immigration, exclusion, deportation, expulsion, or removal of aliens.
(18) The term "immigration officer" means any employee or class of employees of the Service or of the United States designated by the
Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this
title.
(19) The term "ineligible to citizenship," when used in reference to any individual, means, notwithstanding the provisions of any treaty
relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under
section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service
Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) [50 App. U.S.C. 454(a)], or under any section of this chapter, or any other Act, or under any law
amendatory of, supplementary to, or in substitution for, any of such sections or Acts.
(20) The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing
permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
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(21) The term "national" means a person owing permanent allegiance to a state.
(22) The term "national of the United States" means
(A) a citizen of the United States, or
(B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(23) The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec. 12, 1991, 105 Stat. 1750.
(25) The term "noncombatant service" shall not include service in which the individual is not subject to military discipline, court martial, or
does not wear the uniform of any branch of the armed forces.
(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided
in this chapter.
(27) The term "special immigrant" means (A) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and may, under section 1435(a) or 1438 of this title, apply for reacquisition
of citizenship;
(C) an immigrant, and the immigrant's spouse and children if accompanying or following to join the immigrant, who (i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious organization in the United States;
(ii) seeks to enter the United States (I) solely for the purpose of carrying on the vocation of a minister of that religious denomination,
(II) before October 1, 2008, in order to work for the organization at the request of the organization in a professional
capacity in a religious vocation or occupation, or
(III) before October 1, 2008, in order to work for the organization (or for a bona fide organization which is affiliated
with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of title 26) at
the request of the organization in a religious vocation or occupation; and
(iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described
in clause (i);
(D) an immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, or of the
American Institute in Taiwan, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and
children: Provided, That the principal officer of a Foreign Service establishment (or, in the case of the American Institute in Taiwan, the
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Director thereof), in his discretion, shall have recommended the granting of special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status;
(E) an immigrant, and his accompanying spouse and children, who is or has been an employee of the Panama Canal Company or
Canal Zone Government before the date on which the Panama Canal Treaty of 1977 (as described in section 3602(a)(1) of title 22) enters into
force [October 1, 1979], who was resident in the Canal Zone on the effective date of the exchange of instruments of ratification of such
Treaty [April 1, 1979], and who has performed faithful service as such an employee for one year or more;
(F) an immigrant, and his accompanying spouse and children, who is a Panamanian national and
(i) who, before the date on which such Panama Canal Treaty of 1977 enters into force [October 1, 1979], has been honorably
retired from United States Government employment in the Canal Zone with a total of 15 years or more of faithful service, or
(ii) who, on the date on which such Treaty enters into force, has been employed by the United States Government in the Canal
Zone with a total of 15 years or more of faithful service and who subsequently is honorably retired from such employment or
continues to be employed by the United States Government in an area of the former Canal Zone;
(G) an immigrant, and his accompanying spouse and children, who was an employee of the Panama Canal Company or Canal Zone
Government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977 [April 1, 1979], who
has performed faithful service for five years or more as such an employee, and whose personal safety, or the personal safety of whose
spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment;
(H) an immigrant, and his accompanying spouse and children, who (i) has graduated from a medical school or has qualified to practice medicine in a foreign state,
(ii) was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a
State on that date,
(iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) of this section before January 10,
1978, and
(iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry;
(I)
(i) an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an
international organization described in paragraph (15)(G)(i), and who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the United States for periods totaling at least
one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph
and for a period or periods aggregating at least seven years between the ages of five and 21 years, and (II) applies for a visa or
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adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after October 24, 1988, whichever
is later;
(ii) an immigrant who is the surviving spouse of a deceased officer or employee of such an international organization, and
who
(I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and
been physically present in the United States for periods totaling at least one-half of the seven years before the date of
application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating
at least 15 years before the date of the death of such officer or employee, and
(II) files a petition for status under this subparagraph no later than six months after the date of such death or six
months after October 24, 1988, whichever is later;
(iii) an immigrant who is a retired officer or employee of such an international organization, and who
(I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically
present in the United States for periods totaling at least one-half of the seven years before the date of application for a visa or
for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before
the date of the officer or employee's retirement from any such international organization, and
(II) files a petition for status under this subparagraph no later than six months after the date of such retirement or six
months after October 25, 1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or employee accorded the status of special immigrant under clause
(iii), accompanying or following to join such retired officer or employee as a member of his immediate family;
(J) an immigrant who is present in the United States (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or department of a State and who has been deemed eligible by that court
for long-term foster care due to abuse, neglect, or abandonment;
(ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest
to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; and
(iii) in whose case the Attorney General expressly consents to the dependency order serving as a precondition to the grant of
special immigrant juvenile status; except that (I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the actual or
constructive custody of the Attorney General unless the Attorney General specifically consents to such jurisdiction; and
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(II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph
shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;
(K) an immigrant who has served honorably on active duty in the Armed Forces of the United States after October 15, 1978, and after
original lawful enlistment outside the United States (under a treaty or agreement in effect on October 1, 1991) for a period or periods
aggregating (i) 12 years and who, if separated from such service, was never separated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active duty at the time of seeking special immigrant status under this
subparagraph and who has reenlisted to incur a total active duty service obligation of at least 12 years, and the spouse or child of
any such immigrant if accompanying or following to join the immigrant, but only if the executive department under which the
immigrant serves or served recommends the granting of special immigrant status to the immigrant;
(L) an immigrant who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause (i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty
Organization (NATO);
(ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO-6
(as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the "Protocol on the Status
of International Military Headquarters" set up pursuant to the North Atlantic Treaty, or as a dependent); and
(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of
1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998
(M) subject to the numerical limitations of section 1153(b)(4) of this title, an immigrant who seeks to enter the United States to work
as a broadcaster in the United States for the International Broadcasting Bureau of the Broadcasting Board of Governors, or for a grantee of
the Broadcasting Board of Governors, and the immigrant's accompanying spouse and children.
(28) The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation
or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any
subject or subjects.
(29) The term "outlying possessions of the United States" means American Samoa and Swains Island.
(30) The term "passport" means any travel document issued by competent authority showing the bearer's origin, identity, and nationality if
any, which is valid for the admission of the bearer into a foreign country.
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(31) The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be
permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with
law.
(32) The term "profession" shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary
or secondary schools, colleges, academies, or seminaries.
(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling
place in fact, without regard to intent.
(34) The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
(35) The term "spouse", "wife", or "husband" do not include a spouse, wife, or husband by reason of any marriage ceremony where the
contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.
(36) The term "State" includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States.
(37) The term "totalitarian party" means an organization which advocates the establishment in the United States of a totalitarian
dictatorship or totalitarianism. The terms "totalitarian dictatorship" and "totalitarianism" mean and refer to systems of government not
representative in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity
between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an
indistinguishable unit, and (B) the forcible suppression of opposition to such party.
(38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental
United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.
(39) The term "unmarried", when used in reference to any individual as of any time, means an individual who at such time is not married,
whether or not previously married.
(40) The term "world communism" means a revolutionary movement, the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political
movement.
(41) The term "graduates of a medical school" means aliens who have graduated from a medical school or who have qualified to practice
medicine in a foreign state, other than such aliens who are of national or international renown in the field of medicine.
(42) The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no
nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or
unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after
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appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality
or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a
well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term
"refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race,
religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who
has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political
opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such
failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
(43) The term "aggravated felony" means (A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in
section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as defined in section 921 of title 18) or in explosive materials (as defined in
section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating to laundering of monetary instruments) or section 1957 of that title
(relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded
$10,000;
(E) an offense described in (i) section 842(h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924(b) or (h) of title 18 (relating to firearms offenses); or
(iii) section 5861 of title 26 (relating to firearms offenses);
(F) a crime of violence (as defined in section 16 of title 18, but not including a purely political offense) for which the term of
imprisonment at least one year;
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at least one year;
(H) an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of title 18 (relating to child pornography);
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(J) an offense described in section 1962 of title 18 (relating to racketeer influenced corrupt organizations), or an offense described in
section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year
imprisonment or more may be imposed;
(K) an offense that (i) relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if
committed for commercial advantage; or
(iii) is described in any of sections 1581-1585 or 1588-1591 of title 18 (relating to peonage, slavery, involuntary servitude, and
trafficking in persons);
(L) an offense described in (i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to disclosure of classified
information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the identity of undercover agents);
(M) an offense that (i) involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to tax evasion) in which the revenue loss to the Government exceeds
$10,000;
(N) an offense described in paragraph (1)(A) or (2) of section 1324(a) of this title (relating to alien smuggling), except in the case of a
first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding
only the alien's spouse, child, or parent (and no other individual) to violate a provision of this chapter
(O) an offense described in section 1325(a) or 1326 of this title committed by an alien who was previously deported on the basis of a
conviction for an offense described in another subparagraph of this paragraph;
(P) an offense
(i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of
section 1543 of title 18 or is described in section 1546(a) of such title (relating to document fraud) and
(ii) for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a provision of this chapter;
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(Q) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by
imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which
have been altered for which the term of imprisonment is at least one year;
(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of
imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony
for which a sentence of 2 years' imprisonment or more may be imposed; and
(U) an attempt or conspiracy to commit an offense described in this paragraph. The term applies to an offense described in this
paragraph whether in violation of Federal or State law and applies to such an offense in violation of the law of a foreign country for which
the term of imprisonment was completed within the previous 15 years. Notwithstanding any other provision of law (including any effective
date), the term applies regardless of whether the conviction was entered before, on, or after September 30, 1996.
(44) (A) The term "managerial capacity" means an assignment within an organization in which the employee primarily (i) manages the organization, or a department, subdivision, function, or component of the organization;
(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential
function within the organization, or a department or subdivision of the organization;
(iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as
well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions
at a senior level within the organizational hierarchy or with respect to the function managed; and
(iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A
first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties
unless the employees supervised are professional.
(B) The term "executive capacity" means an assignment within an organization in which the employee primarily (i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization, component, or function;
(iii) exercises wide latitude in discretionary decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the
organization.
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(C) If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the
Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and
stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or
executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or
directs or has directed.
(45) The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital
as is established by the Secretary of State, after consultation with appropriate agencies of Government.
(46) The term "extraordinary ability" means, for purposes of subsection (a)(15)(O)(i) of this section, in the case of the arts, distinction.
(47) (A) The term "order of deportation" means the order of the special inquiry officer, or other such administrative officer to whom the
Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or
ordering deportation.
(B) The order described under subparagraph (A) shall become final upon the earlier of (i) a determination by the Board of Immigration Appeals affirming such order; or
(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration
Appeals.
(48) (A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if
adjudication of guilt has been withheld, where (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration
or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in
whole or in part.
(49) The term "stowaway" means any alien who obtains transportation without the consent of the owner, charterer, master or person in
command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be
considered a stowaway.
(50) The term "intended spouse" means any alien who meets the criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB),
1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this title.
(51) The term "VAWA self-petitioner" means an alien, or a child of the alien, who qualifies for relief under -
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(A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of this title;
(B) clause (ii) or (iii) of section 1154(a)(1)(B) of this title;
(C) section 1186a(c)(4)(C) of this title;
(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).
(b) As used in subchapters I and II of this chapter (1) The term "child" means an unmarried person under twenty-one years of age who is (A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in
the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the
person;
(E)
(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the
adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting
parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such
adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same proviso as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i);
(II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years; or
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(F)
(i) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by,
or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in
writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and
spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child
prior to or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse
jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption
requirements, if any, of the child's proposed residence; Provided, That the Attorney General is satisfied that proper care will be
furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such
child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii) subject to the same provisos as in clause (i), a child who:
(I) is a natural sibling of a child described in clause (i) or subparagraph (E)(i);
(II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective
adoptive parent) or parents of the sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his
or her behalf to accord a classification as an immediate relative under section 1151(b) of this title.
(2) The terms "parent", "father", or "mother" mean a parent, father, or mother only where the relationship exists by reason of any of the
circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in
the case of a child born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term "parent" does not include the
natural father of the child if the father has disappeared or abandoned or deserted the child or if the father has in writing irrevocably released the
child for emigration and adoption.
(3) The term "person" means an individual or an organization.
(4) The term "immigration judge" means an attorney whom the Attorney General appoints as an administrative judge within the Executive
Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 1229a of this title. An
immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be
employed by the Immigration and Naturalization Service.
(5) The term "adjacent islands" includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados,
Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or
bordering on the Caribbean Sea.
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(c) As used in subchapter III of this chapter (1) The term "child" means an unmarried person under twenty-one years of age and includes a child legitimated under the law of the child's
residence or domicile, or under the law of the father's residence or domicile, whether in the United States or elsewhere, and, except as otherwise
provided in sections 1431 and 1432 of this title, a child adopted in the United States, if such legitimation or adoption takes place before the child
reaches the age of 16 years (except to the extent that the child is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this section), and
the child is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
(2) The terms "parent", "father", and "mother" include in the case of a posthumous child a deceased parent, father, and mother.
(d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102 Stat. 2619.
(e) For the purposes of this chapter (1) The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall
constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating.
(2) The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be
presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.
(3) Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a
totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist
movement.
(f) For the purposes of this chapter - No person shall be regarded as, or found to be, a person of good moral character who, during the period for
which good moral character is required to be established is, or was (1) a habitual drunkard;
(2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95 Stat. 1611.
(3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (9)(A) (10)(A)
of section 1182(a) of this title; or subparagraphs (A) and (B) of section 1182(a)(2) of this title and subparagraph (C) thereof of such section (except
as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such
person was convicted or of which he admits the commission, was committed during such period;
(4) one whose income is derived principally from illegal gambling activities;
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(5) one who has been convicted of two or more gambling offenses committed during such period;
(6) one who has given false testimony for the purpose of obtaining any benefits under this chapter;
(7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred
and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such
period;
(8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section); or
(9) one who at any time has engaged in conduct described in section 1182(a)(3)(E) of this title (relating to assistance in Nazi persecution,
participation in genocide, or commission of acts of torture or extrajudicial killings) or 1182(a)(2)(G) of this title (relating to severe violations of
religious freedom). The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person
is or was not of good moral character. In the case of an alien who makes a false statement or claim of citizenship, or who registers to vote or votes
in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to
citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by
birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the
time of such statement, claim, or violation that he or she was a citizen, no finding that the alien is, or was, not of good moral character may be
made based on it.
(g) For the purposes of this chapter any alien ordered deported or removed (whether before or after the enactment of this chapter) who has left the
United States, shall be considered to have been deported or removed in pursuance of law, irrespective of the source from which the expenses of his
transportation were defrayed or of the place to which he departed.
(h) For purposes of section 1182(a)(2)(E) of this title, the term "serious criminal offense" means (1) any felony;
(2) any crime of violence, as defined in section 16 of title 18; or
(3) any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime
involves personal injury to another.
(i) With respect to each nonimmigrant alien described in subsection (a)(15)(T)(i) of this section -
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(1) the Attorney General Secretary of Homeland Security, the Attorney General, and other Government officials, where appropriate, shall
provide the alien with a referral to a nongovernmental organization that would advise the alien regarding the alien's options while in the United
States and the resources available to the alien; and
(2) the Attorney General Secretary of Homeland Security shall, during the period the alien is in lawful temporary resident status under that
subsection, grant the alien authorization to engage in employment in the United States and provide the alien with an "employment authorized"
endorsement or other appropriate work permit.
403
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Endnote 5
8 USC Sec. 1101 Note
Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
Division C of Public Law 104–208: IIRIRA Sec. 309
(a) In General. - Except as provided in this section and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division (amending sections 1225,
1227, and 1251 of this title, enacting provisions set out as notes under sections 1225, 1226, 1227, and 1252 of this title, and repealing provisions set
out as a note under section 1225 of this title), this subtitle (subtitle A (Sec. 301-309) of title III of div. C of Pub. L. 104-208, see Tables for
classification) and the amendments made by this subtitle shall take effect on the first day of the first month beginning more than 180 days after the
date of the enactment of this Act (Sept. 30, 1996) (in this title (see Tables for classification) referred to as the 'title III-A effective date').
(b) Promulgation of Regulations. - The Attorney General shall first promulgate regulations to carry out this subtitle by not later than 30 days before
the title III-A effective date.
(c) Transition for Certain Aliens. (1) General rule that new rules do not apply. - Subject to the succeeding provisions of this subsection, in the case of an alien who is in
exclusion or deportation proceedings before the title III-A effective date (A) the amendments made by this subtitle shall not apply, and
(B) the proceedings (including judicial review thereof)shall continue to be conducted without regard to such amendments.
(2) Attorney general option to elect to apply new procedures.- In a case described in paragraph (1) in which an evidentiary hearing under
section 236 or 242 and 242B of the Immigration and Nationality Act (8 U.S.C. 1226, 1252, former 1252b) has not commenced as of the title III-A
effective date, the Attorney General may elect to proceed under chapter 4 of title II of such Act (8 U.S.C. 1221 et seq.) (as amended by this subtitle).
The Attorney General shall provide notice of such election to the alien involved not later than 30 days before the date any evidentiary hearing is
commenced. If the Attorney General makes such election, the notice of hearing provided to the alien under section 235 or 242(a) of such Act (8
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
U.S.C. 1225, 1252(a)) shall be valid as if provided under section 239 of such Act (8 U.S.C. 1229) (as amended by this subtitle) to confer jurisdiction on
the immigration judge.
(3) Attorney general option to terminate and reinitiate proceedings. - In the case described in paragraph (1), the Attorney General may elect
to terminate proceedings in which there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II (of) the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.) (as amended by this subtitle). Any determination in the terminated proceeding shall not be
binding in the reinitiated proceeding.
(4) Transitional changes in judicial review. - In the case in which a final order of exclusion or deportation is entered more than 30 days after
the date of the enactment of this Act (Sept. 30, 1996), notwithstanding any provision of section 106 of the Immigration and Nationality Act (former
8 U.S.C. 1105a) (as in effect as of the date of the enactment of this Act) to the contrary (A) in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and the action for judicial
review shall be governed by the provisions of subsections (a) and (c) of such (section) in the same manner as they apply to judicial review of
orders of deportation;
(B) a court may not order the taking of additional evidence under section 2347(c) of title 28, United States Code;
(C) the petition for judicial review must be filed not later than 30 days after the date of the final order of exclusion or deportation;
(D) the petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings
before the special inquiry officer or immigration judge were completed;
(E) there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the Immigration and
Nationality Act (8 U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255) (as in effect as of the date of the enactment of this Act (Sept. 30,
1996));
(F) service of the petition for review shall not stay the deportation of an alien pending the court's decision on the petition, unless the
court orders otherwise; and
(G) there shall be no appeal permitted in the case of an alien who is inadmissible or deportable by reason of having committed a
criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2), former 1251(a)(2)(A)(iii), (B), (C), (D)) (as in effect as of the date of the enactment of this Act), or any offense covered by section
241(a)(2)(A)(ii) of such Act (as in effect on such date) for which both predicate offenses are, without regard to their date of commission,
otherwise covered by section 241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rules with regard to suspension of deportation. (A) In general. - Subject to subparagraphs (B) and (C), paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)(1), (2)) (relating to continuous residence or physical presence) shall apply to orders to show cause (including those
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
referred to in section 242B(a)(1) of the Immigration and Nationality Act (former 8 U.S.C. 1252b(a)(1)), as in effect before the title III-A
effective date), issued before, on, or after the date of the enactment of this Act (Sept. 30, 1996).
(B) Exception for certain orders. - In any case in which the Attorney General elects to terminate and reinitiate proceedings in
accordance with paragraph (3) of this subsection, paragraphs (1) and (2) of section 240A(d) of the Immigration and Nationality Act (8 U.S.C.
1229b(d)(1), (2)) shall not apply to an order to show cause issued before April 1, 1997.
(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEMPORARY PROTECTION FROM DEPORTATION AND FOR BATTERED SPOUSES AND
CHILDREN.-(i) In general. - For purposes of calculating the period of continuous physical presence under section 244(a) of the Immigration
and Nationality Act (former 8 U.S.C. 1254(a)) (as in effect before the title III-A effective date) or section 240A of such Act (8 U.S.C.
1229b) (as in effect after the title III-A effective date), subparagraph (A) of this paragraph and paragraphs (1) and (2) of section
240A(d) of the Immigration and Nationality Act shall not apply in the case of an alien, regardless of whether the alien is in exclusion
or deportation proceedings before the title III-A effective date, who has not been convicted at any time of an aggravated felony (as
defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) and (I) was not apprehended after December 19, 1990, at the time of entry, and is (aa) a Salvadoran national who first entered the United States on or before September 19, 1990, and who
registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC),
760 F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991, or applied for temporary protected status on or
before October 31, 1991; or
(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who
registered for benefits pursuant to such settlement agreement on or before December 31, 1991;
(II) is a Guatemalan or Salvadoran national who filed an application for asylum with the Immigration and
Naturalization Service on or before April 1, 1990;
(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)))
of an individual, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such individual, if the
individual has been determined to be described in this clause (excluding this subclause and subclause (IV));
(IV) is the unmarried son or daughter of an alien parent, at the time a decision is rendered to suspend the deportation,
or cancel the removal, of such alien parent, if (aa) the alien parent has been determined to be described in this clause (excluding this subclause and
subclause (III)); and
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(bb) in the case of a son or daughter who is 21 years of age or older at the time such decision is rendered, the
son or daughter entered the United States on or before October 1, 1990;
(V) is an alien who entered the United States on or before December 31, 1990, who filed an application for asylum on
or before December 31, 1991, and who, at the time of filing such application, was a national of the Soviet Union, Russia, any
republic of the former Soviet Union, Latvia,Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania,
East Germany, Yugoslavia, or any state of the former Yugoslavia; or
(VI) is an alien who was issued an order to show cause or was in deportation proceedings before April 1, 1997, and
who applied for suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act (as in effect before
the date of the enactment of this Act); or
(VII) (aa) was the spouse or child of an alien described in subclause (I), (II), or (V)-(AA) at the time at which a decision is rendered to suspend the deportation or cancel the removal of the
alien;
(BB) at the time at which the alien filed an application for suspension of deportation or cancellation of
removal; or
(CC) at the time at which the alien registered for benefits under the settlement agreement in American
Baptist Churches, et. al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum;
and
(bb) the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien
described in subclause (I), (II), or (V).
(ii) Limitation on judicial review. - A determination by the Attorney General as to whether an alien satisfies the requirements
of clause (i) is final and shall not be subject to review by any court. Nothing in the preceding sentence shall be construed as limiting
the application of section 242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) (as in effect after the title III-A
effective date) to other eligibility determinations pertaining to discretionary relief under this Act (probably should be ''division'', see
Short Title of 1996 Amendment note below).
(iii) CONSIDERATION OF PETITIONS.--In acting on a petition filed under subclause (VII) of clause (i) the provisions set forth in
section 204(a)(1)(H) shall apply.
(iv) RESIDENCE WITH SPOUSE OR PARENT NOT REQUIRED.--For purposes of the application of clause (i)(VII), a spouse or child
shall not be required to demonstrate that he or she is residing with the spouse or parent in the United States.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(6) Transition for certain family unity aliens. – The Attorney General may waive the application of section 212(a)(9) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)), as inserted by section 301(b)(1) of this division, in the case of an alien who is provided benefits under the
provisions of section 301 of the Immigration Act of 1990 (Pub. L. 101-649, set out as a note under section 1255a of this title) (relating to family
unity).
(7) Limitation on suspension of deportation. - After April 1, 1997, the Attorney General may not suspend the deportation and adjust the
status under section 244 of the Immigration and Nationality Act (former 8 U.S.C. 1254) (as in effect before the title III-A effective date) of any alien
in any fiscal year, except in accordance with section 240A(e) of such Act (8 U.S.C. 1229b(e)). The previous sentence shall apply regardless of when
an alien applied for such suspension and adjustment.
(d) Transitional References. - For purposes of carrying out the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by this subtitle (1) any reference in section 212(a)(1)(A) of such Act (8 U.S.C. 1182(a)(1)(A)) to the term 'inadmissible' is deemed to include a reference to the
term 'excludable', and
(2) any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an order of
deportation.
(e) Transition. - No period of time before the date of the enactment of this Act (Sept. 30, 1996) shall be included in the period of 1 year described in
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(B)(i)) (as amended by section 301(c) of this division).
(f) Special Rule for Cancellation of Removal. (1) In general. - Subject to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (as in effect after the title III-A
effective date), other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b(b)(1), (d)(1), (e)) (but including section
242(a)(2)(B) of such Act (8 U.S.C. 1252(a)(2)(B))), the Attorney General may, under section 240A of such Act, cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies
for such relief, the alien is described in subsection (c)(5)(C)(i) of this section, and (A) the alien (i) is not inadmissible or deportable under paragraph (2) or (3) of section 212(a) or paragraph (2), (3), or (4) of section 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), 1227(a)(3), (4)) and is not an alien described in section 241(b)(3)(B)(i)
of such Act (8 U.S.C. 1231(b)(3)(B)(i));
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(ii) has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the
date of such application;
(iii) has been a person of good moral character during such period; and
(iv) establishes that removal would result in extreme hardship to the alien or to the alien's spouse, parent, or child, who is a
citizen of the United States or an alien lawfully admitted for permanent residence; or
(B) the alien (i) is inadmissible or deportable under section 212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 237(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2), 1227(a)(2), (3));
(ii) is not an alien described in section 241(b)(3)(B)(i) or 101(a)(43) of such Act (8 U.S.C. 1231(b)(3)(B)(i), 1101(a)(43));
(iii) has been physically present in the United States for a continuous period of not less than 10 years immediately following
the commission of an act, or the assumption of a status, constituting a ground for removal;
(iv) has been a person of good moral character during such period; and
(v) establishes that removal would result in exceptional and extremely unusual hardship to the alien or to the alien's spouse,
parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
(2) Treatment of certain breaks in presence. - Section 240A(d)(2) (8 U.S.C. 1229b(d)(2)) shall apply for purposes of calculating any period of
continuous physical presence under this subsection, except that the reference to subsection (b)(1) in such section shall be considered to be a
reference to paragraph (1) of this section.
(g) Motions To Reopen Deportation or Removal Proceedings. - Notwithstanding any limitation imposed by law on motions to reopen removal or
deportation proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)))), any alien who has become eligible for cancellation of removal or suspension of deportation as
a result of the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act (Pub. L. 105-100, amending this
note) may file one motion to reopen removal or deportation proceedings to apply for cancellation of removal or suspension of deportation. The
Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later
than 60 days after the date of the enactment of the Nicaraguan Adjustment and Central American Relief Act (Nov. 19, 1997) and shall extend for a
period not to exceed 240 days.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Endnote 6
8 USC Sec. 1105
Section 105 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1105. Liaison with internal security officers; data exchange
(a) In general. The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the
Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of
obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal and border security of the
United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated,
uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
(b) Access to National Crime Information Center files
(1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access
to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted
Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General
and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history
record indexed in any such file.
(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate
database, and shall be provided without any fee or charge.
(3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency
receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy
previously provided extracts.
(4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history
record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant's fingerprints and any appropriate
fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(c) Reconsideration upon development of more cost effective means of sharing information. The provision of the extracts described in subsection (b)
of this section may be reconsidered by the Attorney General and the receiving agency upon the development and deployment of a more costeffective and efficient means of sharing the information.
(d) Regulations. For purposes of administering this section, the Department of State shall, prior to receiving access to NCIC data but not later than 4
months after October 26, 2001, promulgate final regulations (1) to implement procedures for the taking of fingerprints; and
(2) to establish the conditions for the use of the information received from the Federal Bureau of Investigation, in order (A) to limit the redissemination of such information;
(B) to ensure that such information is used solely to determine whether or not to issue a visa to an alien or to admit an alien to the
United States;
(C) to ensure the security, confidentiality, and destruction of such information; and
(D) to protect any privacy rights of individuals who are subjects of such information.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Endnote 7
8 USC Sec. 1105a
Sec 106 of Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1105a. 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.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
Endnote 8
8 USC Sec. 1151
Section 201 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
Sec. 1151. Worldwide level of immigration
(a) In general. Exclusive of aliens described in subsection (b) of this section, aliens born in a foreign state or dependent area who may be issued
immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to (1) family-sponsored immigrants described in section 1153(a) of this title (or who are admitted under section 1181(a) of this title on the basis
of a prior issuance of a visa to their accompanying parent under section 1153(a) of this title) in a number not to exceed in any fiscal year the number
specified in subsection (c) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide
level under such subsection for all of such fiscal year;
(2) employment-based immigrants described in section 1153(b) of this title (or who are admitted under section 1181(a) of this title on the
basis of a prior issuance of a visa to their accompanying parent under section 1153(b) of this title), in a number not to exceed in any fiscal year the
number specified in subsection (d) of this section for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the
worldwide level under such subsection for all of such fiscal year; and
(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 1153(c) of this title (or who are admitted under
section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent under section 1153(c) of this title) in a number not
to exceed in any fiscal year the number specified in subsection (e) of this section for that year, and not to exceed in any of the first 3 quarters of any
fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.
(b) Aliens not subject to direct numerical limitations. Aliens described in this subsection, who are not subject to the worldwide levels or numerical
limitations of subsection (a) of this section, are as follows:
(1)
(A) Special immigrants described in subparagraph (A) or (B) of section 1101(a)(27) of this title.
(B) Aliens who are admitted under section 1157 of this title or whose status is adjusted under section 1159 of this title.
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(2)
Complied by the American Bar Association Commission on Domestic Violence – 2010.
(C) Aliens whose status is adjusted to permanent residence under section 1160 or 1255a of this title.
(D) Aliens whose removal is canceled under section 1229b(a) of this title.
(E) Aliens provided permanent resident status under section 1259 of this title.
(A)
(i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and
parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case
of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not
legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for
purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition
under section 1154(a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries. For purposes of
this clause, an alien who has filed a petition under clause (iii) or (iv) of section 1154(a)(1)(A) of this title remains an immediate
relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.
(ii) Aliens admitted under section 1181(a) of this title on the basis of a prior issuance of a visa to their accompanying parent
who is such an immediate relative.
(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
(c) Worldwide level of family-sponsored immigrants
(1)
(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal
to (i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B)
(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of
subsection (b)(2) of this section who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United
States for permanent residence in the previous fiscal year.
(3)
(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year.
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(b) of this title (relating to employment-based immigrants) during the previous fiscal year
and the number of visas issued under that section during that year.
(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled
into the United States under section 1182(d)(5) of this title in the second preceding fiscal year (A) who did not depart from the United States (without advance parole) within 365 days; and
(B) who
(i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding
fiscal years, or
(ii) acquired such status in such years under a provision of law (other than subsection (b) of this section) which exempts such
adjustment from the numerical limitation on the worldwide level of immigration under this section.
(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully
admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1).
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to (A) 140,000, plus
(B) the number computed under paragraph (2).
(2)
(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established
under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number
of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and
the number of visas issued under that section during that year.
(e) Worldwide level of diversity immigrants. The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.
(f) Rules for determining whether certain aliens are immediate relatives
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(1) Age on petition filing date. Except as provided in paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i) of this section, a
determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title shall be
made using the age of the alien on the date on which the petition is filed with the Attorney General under section 1154 of this title to classify the
alien as an immediate relative under subsection (b)(2)(A)(i) of this section.
(2) Age on parent's naturalization date. In the case of a petition under section 1154 of this title initially filed for an alien child's classification
as a family-sponsored immigrant under section 1153(a)(2)(A) of this title, based on the child's parent being lawfully admitted for permanent
residence, if the petition is later converted, due to the naturalization of the parent, to a petition to classify the alien as an immediate relative under
subsection (b)(2)(A)(i) of this section, the determination described in paragraph (1) shall be made using the age of the alien on the date of the
parent's naturalization.
(3) Age on marriage termination date. In the case of a petition under section 1154 of this title initially filed for an alien's classification as a
family-sponsored immigrant under section 1153(a)(3) of this title, based on the alien's being a married son or daughter of a citizen, if the petition is
later converted, due to the legal termination of the alien's marriage, to a petition to classify the alien as an immediate relative under subsection
(b)(2)(A)(i) of this section or as an unmarried son or daughter of a citizen under section 1153(a)(1) of this title, the determination described in
paragraph (1) shall be made using the age of the alien on the date of the termination of the marriage.
(4) Application to self-petitions. Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.
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Endnote 9
8 USC Sec. 1153
Section 203 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
Sec. 1153. Allocation of immigrant visas
(a) Preference allocation for family-sponsored immigrants. Aliens subject to the worldwide level specified in section 1151(c) of this title for familysponsored immigrants shall be allotted visas as follows:
(1) Unmarried sons and daughters of citizens. Qualified immigrants who are the unmarried sons or daughters of citizens of the United States
shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens. Qualified immigrants (A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent
residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds
226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall
be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens. Qualified immigrants who are the married sons or married daughters of citizens of the
United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and
(2).
(4) Brothers and sisters of citizens. Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at
least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs
(1) through (3).
(b) Preference allocation for employment-based immigrants. Aliens subject to the worldwide level specified in section 1151(d) of this title for
employment-based immigrants in a fiscal year shall be allotted visas as follows:
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(1) Priority workers. Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not
required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs
(A) through (C):
(A) Aliens with extraordinary ability. An alien is described in this subparagraph if (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by
sustained national or international acclaim and whose achievements have been recognized in the field through extensive
documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. An alien is described in this subparagraph if (i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the
academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private
employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved
documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the
time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at
least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in
order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general. Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not
required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or
their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the
national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or
business are sought by an employer in the United States.
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(B) Waiver of job offer
(i) National interest waiver. Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the
national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be
sought by an employer in the United States.
(ii) Physicians working in shortage areas or veterans facilities
(I) In general. The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien
physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary
of Health and Human Services as having a shortage of health care professionals or at a health care facility under the
jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien
physician's work in such an area or at such facility was in the public interest.
(II) Prohibition. No permanent resident visa may be issued to an alien physician described in subclause (I) by the
Secretary of State under section 1154(b) of this title, and the Attorney General may not adjust the status of such an alien
physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such
time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of
an alien described in section 1101(a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human
Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of
Veterans Affairs.
(III) Statutory construction. Nothing in this subparagraph may be construed to prevent the filing of a petition with the
Attorney General for classification under section 1154(a) of this title, or the filing of an application for adjustment of status
under section 1255 of this title, by an alien physician described in subclause (I) prior to the date by which such alien physician
has completed the service described in subclause (II).
(IV) Effective date. The requirements of this subsection do not affect waivers on behalf of alien physicians approved
under subsection (b)(2)(B) of this section before the enactment date of this subsection. In the case of a physician for whom an
application for a waiver was filed under subsection (b)(2)(B) of this section prior to November 1, 1998, the Attorney General
shall grant a national interest waiver pursuant to subsection (b)(2)(B) of this section except that the alien is required to have
worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in
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section 1101(a)(15)(J) of this title) before a visa can be issued to the alien under section 1154(b) of this title or the status of
the alien is adjusted to permanent resident under section 1255 of this title.
(C) Determination of exceptional ability. In determining under subparagraph (A) whether an immigrant has exceptional ability, the
possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to
practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional
ability.
(3) Skilled workers, professionals, and other workers
(A) In general. Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not
required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of
performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified
workers are not available in the United States.
(ii) Professionals. Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. Other qualified immigrants who are capable, at the time of petitioning for classification under this
paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the
United States.
(B) Limitation on other workers. Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be
available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required. An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular
officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 1182(a)(5)(A) of this title.
(4) Certain special immigrants. Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified
special immigrants described in section 1101(a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more
than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title,
and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section
1101(a)(27)(M) of this title.
(5) Employment creation.
(A) In general. Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants
seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership) -
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(i) in which such alien has invested (after November 29, 1990) or, is actively in the process of investing, capital in an amount
not less than the amount specified in subparagraph (C), and
(ii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens
or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States
(other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general. Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for
qualified immigrants who invest in a new commercial enterprise described in subparagraph (A) which will create employment in a
targeted employment area.
(ii) "Targeted employment area" defined. In this paragraph, the term "targeted employment area" means, at the time of the
investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) "Rural area" defined. In this paragraph, the term "rural area" means any area other than an area within a metropolitan
statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent
decennial census of the United States).
(C) Amount of capital required
(i) In general. Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A)
shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to
time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas. The Attorney General may, in the case of investment made in a targeted
employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the
amount specified in clause (i).
(iii) Adjustment for high employment areas. In the case of an investment made in a part of a metropolitan statistical area that
at the time of the investment (I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney
General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times)
the amount specified in clause (i).
(D) Full-time employment defined. In this paragraph, the term "full-time employment" means employment in a position that requires
at least 35 hours of service per week at any time, regardless of who fills the position.
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(6) Special rules for "K" special immigrants
(A) Not counted against numerical limitation in year involved. Subject to subparagraph (B), the number of immigrant visas made
available to special immigrants under section 1101(a)(27)(K) of this title in a fiscal year shall not be subject to the numerical limitations of
this subsection or of section 1152(a) of this title.
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant classifications. The number of visas made available in any fiscal year under
paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special
immigrants described in section 1101(a)(27)(K) of this title.
(ii) Reduction in per country level. The number of visas made available in each fiscal year to natives of a foreign state under
section 1152(a) of this title shall be reduced by the number of visas made available in the previous fiscal year to special immigrants
described in section 1101(a)(27)(K) of this title who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. In the case of a foreign state subject
to section 1152(e) of this title in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to
each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available
in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title who are natives of the foreign state.
(c) Diversity immigrants
(1) In general. Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 1151(e) of this title for diversity
immigrants shall be allotted visas each fiscal year as follows:
(A) Determination of preference immigration. The Attorney General shall determine for the most recent revious 5-fiscal-year period
for which data are available, the total number of aliens who are natives of each foreign state and who
(i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and
(ii) were subject to the numerical limitations of section 1151(a) of this title (other than paragraph (3) thereof) or who were
admitted or otherwise provided lawful permanent resident status as an immediate relative or other alien described in section
1151(b)(2) of this title.
(B) Identification of high-admission and low-admission regions and high-admission and low-admission states. The Attorney General (i) shall identify -
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(I) each region (each in this paragraph referred to as a "high-admission region") for which the total of the numbers
determined under subparagraph (A) for states in the region is greater than 1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph referred to as a "low-admission region"); and
(ii) shall identify (I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such
state in this paragraph referred to as a "high-admission state"), and
(II) each other foreign state (each such state in this paragraph referred to as a "low-admission state").
(C) Determination of percentage of worldwide immigration attributable to high-admission regions. The Attorney General shall
determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in highadmission regions.
(D) Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission
regions and high-admission regions. The Attorney General shall determine (i) based on available estimates for each region, the total population of each region not including the population of any highadmission state;
(ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the
populations determined under such clause for all the low-admission regions; and
(iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the
populations determined under such clause for all the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states. The percentage of visas made available under this paragraph to natives of a
high-admission state is 0.
(ii) For low-admission states in low-admission regions. Subject to clauses (iv) and (v), the percentage of visas made available
under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of (I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions. Subject to clauses (iv) and (v), the percentage of visas made available
under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of (I) 100 percent minus the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(iii).
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(iv) Redistribution of unused visa numbers. If the Secretary of State estimates that the number of immigrant visas to be issued
to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such
natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives
(other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii)
and (iii).
(v) Limitation on visas for natives of a single foreign state. The percentage of visas made available under this paragraph to
natives of any single foreign state for any fiscal year shall not exceed 7 percent.
(F) "Region" defined. Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be
treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state
shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate
region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the Caribbean.
(2) Requirement of education or work experience. An alien is not eligible for a visa under this subsection unless the alien (A) has at least a high school education or its equivalent, or
(B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation
which requires at least 2 years of training or experience.
(3) Maintenance of information. The Secretary of State shall maintain information on the age, occupation, education level, and other
relevant characteristics of immigrants issued visas under this subsection.
(d) Treatment of family members. A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not
otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the
same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
(e) Order of consideration
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(1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a
petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 1101(a)(27)(D) of this
title, with the Secretary of State) as provided in section 1154(a) of this title.
(2) Immigrant visa numbers made available under subsection (c) of this section (relating to diversity immigrants) shall be issued to eligible
qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of
State.
(f) Authorization for issuance. In the case of any alien claiming in his application for an immigrant visa to be described in section 1151(b)(2) of this
title or in subsection (a), (b), or (c) of this section, the consular officer shall not grant such status until he has been authorized to do so as provided by
section 1154 of this title.
(g) Lists. For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make
reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under
subsections (a), (b), and (c) of this section and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate
the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such
visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the
availability of such visa that such failure to apply was due to circumstances beyond the alien's control.
(h) Rules for determining whether certain aliens are children
(1) In general. For purposes of subsections (a)(2)(A) and (d) of this section, a determination of whether an alien satisfies the age requirement
in the matter preceding subparagraph (A) of section 1101(b)(1) of this title shall be made using (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of
subsection (d) of this section, the date on which an immigrant visa number became available for the alien's parent), but only if the alien has
sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) Petitions described. The petition described in this paragraph is (A) with respect to a relationship described in subsection (a)(2)(A) of this section, a petition filed under section 1154 of this title for
classification of an alien child under subsection (a)(2)(A) of this section; or
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(B) with respect to an alien child who is a derivative beneficiary under subsection (d) of this section, a petition filed under section
1154 of this title for classification of the alien's parent under subsection (a), (b), or (c) of this section.
(3) Retention of priority date. If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of
subsections (a)(2)(A) and (d) of this section, the alien's petition shall automatically be converted to the appropriate category and the alien shall
retain the original priority date issued upon receipt of the original petition.
(4) Application to self-petitions. Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.
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Endnote 10
8 USC Sec. 1154
Section 204 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part I - Selection System
Sec. 1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)
(A)
(i) Any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in
paragraph (1), (3), or (4) of section 1153(a) of this title or to an immediate relative status under section 1151(b)(2)(A)(i) of this title
may file a petition with the Attorney General for such classification.
(ii) An alien spouse described in the second sentence of section 1151(b)(2)(A)(i) of this title also may file a petition with the
Attorney General under this subparagraph for classification of the alien (and the alien's children) under such section.
(iii)
(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that (aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien;
and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of
the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended
spouse.
(II) For purposes of subclause (I), an alien described in this subclause is an alien (aa) (AA) who is the spouse of a citizen of the United States;
(BB) who believed that he or she had married a citizen of the United States and with whom a marriage
ceremony was actually performed and who otherwise meets any applicable requirements under this chapter to
establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of
the bigamy of such citizen of the United States; or
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(CC) who was a bona fide spouse of a United States citizen within the past 2 years and (aaa) whose spouse died within the past 2 years;
(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an
incident of domestic violence; or
(ccc) who demonstrates a connection between the legal termination of the marriage within the
past 2 years and battering or extreme cruelty by the United States citizen spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title or who
would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry;
and
(dd) who has resided with the alien's spouse or intended spouse.
(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within
the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral
character, who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title, and who resides, or has
resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of
the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent. For purposes of this clause, residence
includes any period of visitation.
(v) An alien who (I) is the spouse, intended spouse, or child living abroad of a citizen who (aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or
(cc) has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
(vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of citizenship,
death of the abuser, divorce, or changes to the abuser's citizenship status after filing of the petition shall not adversely affect the
approval of the petition, and for approved petitions shall not preclude the classification of the eligible self-petitioning spouse or child
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as an immediate relative or affect the alien's ability to adjust status under subsections (a) and (c) of section 1255 of this title or
obtain status as a lawful permanent resident based on the approved self-petition under such clauses.
(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the
alien under section 1151(b)(2)(A)(i) of this title 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 1151(b)(2)(A)(i) of this title;
(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.
(B)
(i) Any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the
relationship described in section 1153(a)(2) of this title may file a petition with the Attorney General for such classification.
(ii)
(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of section
1153(a)(2)(A) of this title and if the alien demonstrates to the Attorney General that (aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the
alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of
the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended
spouse.
(II) For purposes of subclause (I), an alien described in this paragraph is an alien (aa) (AA) who is the spouse of a lawful permanent resident of the United States; or
(BB) who believed that he or she had married a lawful permanent resident of the United States and
with whom a marriage ceremony was actually performed and who otherwise meets any applicable
requirements under this chapter to establish the existence of and bona fides of a marriage, but whose
marriage is not legitimate solely because of the bigamy of such lawful permanent resident of the United States;
or
(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and -
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(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence;
or
(bbb) who demonstrates a connection between the legal termination of the marriage within the
past 2 years and battering or extreme cruelty by the lawful permanent resident spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under
section 1153(a)(2)(A) of this title or who would have been so classified but for the bigamy of the lawful permanent
resident of the United States that the alien intended to marry; and
(dd) who has resided with the alien's spouse or intended spouse.
(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful
permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and
who is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title, and who resides, or
has resided in the past, with the alien's permanent resident alien parent may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney
General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident
parent.
(iv) An alien who (I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who (aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or
(cc) has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
(v)
(I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful permanent
resident status by a spouse or parent after the filing of a petition under that clause shall not adversely affect approval of the
petition, and, for an approved petition, shall not affect the alien's ability to adjust status under subsections (a) and (c) of
section 1255 of this title or obtain status as a lawful permanent resident based on an approved self-petition under clause (ii)
or (iii).
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(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States
citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and
Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or
subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of
citizenship occurs after divorce or termination of parental rights.
(C) Notwithstanding section 1101(f) of this title, an act or conviction that is waivable with respect to the petitioner for purposes of a
determination of the petitioner's admissibility under section 1182(a) of this title or deportability under section 1227(a) of this title shall not
bar the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the
Attorney General finds that the act or conviction was connected to the alien's having been battered or subjected to extreme cruelty.
(D)
(i)
(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of subsection (a)(1)(A) of this section
or subsection (a)(1)(B)(iii) of this section that was filed or approved before the date on which the child attained 21 years of
age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child
attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of this title,
whichever paragraph is applicable, with the same priority date assigned to the self-petition filed under clause (iv) of
subsection (a)(1)(A) of this section or subsection (a)(1)(B)(iii) of this section. No new petition shall be required to be filed.
(II) Any individual described in subclause (I) is eligible for deferred action and work authorization.
(III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed
or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been
admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable a VAWA self-petitioner
with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be
required to be filed.
(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for
deferred action and work authorization.
(ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in
which the child is included as a derivative beneficiary.
(iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any right or
benefit provided under this subparagraph.
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(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section
1255 of this title as an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).
(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).
(E) Any alien desiring to be classified under section 1153(b)(1)(A) of this title, or any person on behalf of such an alien, may file a
petition with the Attorney General for such classification.
(F) Any employer desiring and intending to employ within the United States an alien entitled to classification under section
1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a petition with the Attorney General for such classification.
(G)
(i) Any alien (other than a special immigrant under section 1101(a)(27)(D) of this title) desiring to be classified under section
1153(b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.
(ii) Aliens claiming status as a special immigrant under section 1101(a)(27)(D) of this title may file a petition only with the
Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to
such section.
(H) Any alien desiring to be classified under section 1153(b)(5) of this title may file a petition with the Attorney General for such
classification.
(I)
(i) Any alien desiring to be provided an immigrant visa under section 1153(c) of this title may file a petition at the place and
time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any
petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be
voided.
(ii)
(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued
under section 1153(c) of this title for the fiscal year beginning after the end of the period.
(II) Aliens who qualify, through random selection, for a visa under section 1153(c) of this title shall remain eligible to
receive such visa only through the end of the specific fiscal year for which they were selected.
(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause.
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(iii) A petition under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall
contain such information and be supported by such documentary evidence as the Secretary of State may require.
(J) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in making
determinations under subparagraphs (C) and (D), the Attorney General shall consider any credible evidence relevant to the petition. The
determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney
General.
(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.
(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 1101(a)(15) of this title may not file a petition for classification under this section or
section 1184 of this title to classify any person who committed the battery or extreme cruelty or trafficking against the individual (or the
individual's child) which established the individual's (or individual's child) eligibility as a VAWA petitioner or for such nonimmigrant status.
(2)
(A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the
alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a
citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless (i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent
residence, or
(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage
(on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for
the purpose of evading any provision of the immigration laws. In this subparagraph, the term "spousal second preference petition"
refers to a petition, seeking preference status under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully
admitted for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien
was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status. After an investigation of the facts in each case, and after
consultation with the Secretary of Labor with respect to petitions to accord a status under section 1153(b)(2) or 1153(b)(3) of this title, the Attorney
General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an
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immediate relative specified in section 1151(b) of this title, or is eligible for preference under subsection (a) or (b) of section 1153 of this title,
approve the petition and forward one copy thereof to the Department of State. The Secretary of State shall then authorize the consular officer
concerned to grant the preference status.
(c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade
immigration laws; restriction on future entry of aliens involved with marriage fraud. Notwithstanding the provisions of subsection (b) of this section
no petition shall be approved if
(1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a
citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the
Attorney General to have been entered into for the purpose of evading the immigration laws, or
(2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the
immigration laws.
(d) Recommendation of valid home-study. Notwithstanding the provisions of subsections (a) and (b) of this section no petition may be approved on
behalf of a child defined in section 1101(b)(1)(F) of this title unless a valid home-study has been favorably recommended by an agency of the State
of the child's proposed residence, or by an agency authorized by that State to conduct such a study, or, in the case of a child adopted abroad, by an
appropriate public or private adoption agency which is licensed in the United States.
(e) Subsequent finding of non-entitlement to preference classification. Nothing in this section shall be construed to entitle an immigrant, in behalf of
whom a petition under this section is approved, to be admitted the United States as an immigrant under subsection (a), (b), or (c) of section 1153 of
this title or as an immediate relative under section 1151(b) of this title if upon his arrival at a port of entry in the United States he is found not to be
entitled to such classification.
(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and
before October 22, 1982
(1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a
petition with the Attorney General for classification under section 1151(b), 1153(a)(1), or 1153(a)(3) of this title, as appropriate. After an
investigation of the facts of each case the Attorney General shall, if the conditions described in paragraph (2) are met, approve the petition and
forward one copy to the Secretary of State.
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(2) The Attorney General may approve a petition for an alien under paragraph (1) if (A) he has reason to believe that the alien
(i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and
(ii) was fathered by a United States citizen;
(B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and
(C) in the case of an alien under eighteen years of age,
(i) the alien's placement with a sponsor in the United States has been arranged by an appropriate public, private, or State
child welfare agency licensed in the United States and actively involved in the intercountry placement of children and
(ii) the alien's mother or guardian has in writing irrevocably released the alien for emigration.
(3) In considering petitions filed under paragraph (1), the Attorney General shall (A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the alien's birth
in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal
certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United
States, and the testimony of witnesses, to the extent it is relevant or probative.
(4)
(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must (i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph
referred to as the "sponsor") who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States
or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees
(I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien's departure
to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the
alien and the sponsor will reside, and
(II) to furnish, during the five-year period beginning on the date of the alien's acquiring the status of an alien lawfully
admitted for permanent residence, or during the period beginning on the date of the alien's acquiring the status of an alien
lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age,
whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien
is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of
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the Office of Management and Budget, under section 9902(2) of title 42 and as revised by the Secretary of Health and Human
Services under the second and third sentences of such section) for a family of the same size as the size of the alien's family.
(B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien
against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor
resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under
title 11.
(g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings. Notwithstanding subsection (a) of this
section, except as provided in section 1255(e)(3) of this title, a petition may not be approved to grant an alien immediate relative status or
preference status by reason of a marriage which was entered into during the period described in section 1255(e)(2) of this title, until the alien has
resided outside the United States for a 2-year period beginning after the date of the marriage.
(h) Survival of rights to petition. The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title of a
petition filed under subsection (a)(1)(A)(iii) of this section or a petition filed under subsection (a)(1)(B)(ii) of this section pursuant to conditions
described in subsection (a)(1)(A)(iii)(I) of this section. Remarriage of an alien whose petition was approved under subsection (a)(1)(B)(ii) or
(a)(1)(A)(iii) of this section or marriage of an alien described in clause (iv) or (vi) of subsection (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of
this section shall not be the basis for revocation of a petition approval under section 1155 of this title.
(i) Professional athletes
(1) In general. A petition under subsection (a)(4)(D) of this section for classification of a professional athlete shall remain valid for the athlete
after the athlete changes employers, if the new employer is a team in the same sport as the team which was the employer who filed the petition.
(2) "Professional athlete" defined. For purposes of paragraph (1), the term "professional athlete" means an individual who is employed as an
athlete by (A) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed
$10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member
teams regularly engage; or
(B) any minor league team that is affiliated with such an association.
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(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence. A petition under subsection (a)(1)(D) of this section for
an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180
days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar
occupational classification as the job for which the petition was filed.
(k) Procedures for unmarried sons and daughters of citizens
(1) In general. Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried son or
daughter's classification as a family-sponsored immigrant under section 1153(a)(2)(B) of this title, based on a parent of the son or daughter being
an alien lawfully admitted for permanent residence, if such parent subsequently becomes a naturalized citizen of the United States, such petition
shall be converted to a petition to classify the unmarried son or daughter as a family-sponsored immigrant under section 1153(a)(1) of this title.
(2) Exception. Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she elects
not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an election has been made, any
determination with respect to the son or daughter's eligibility for admission as a family-sponsored immigrant shall be made as if such naturalization
had not taken place.
(3) Priority date. Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter described in this
subsection was assigned a priority date with respect to such petition before such naturalization, he or she may maintain that priority date.
(4) Clarification. This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before such
naturalization.
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Endnote 11
8 USC Sec. 1182
Section 212 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
Sec. 1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission. Except as otherwise provided in this chapter, aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) Health-related grounds
(A) In general. Any alien (i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a
communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune
deficiency syndrome,
(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the
status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received
vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio,
tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable
diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in
consultation with the Attorney General) (I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a
threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior
has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to
other harmful behavior, or
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(iv) who is determined (in accordance wit regulations prescribed by the Secretary of Health and Human Services) to be a drug
abuser or addict, is inadmissible.
(B) Waiver authorized. For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g) of this section.
(C) Exception from immunization requirement for adopted children 10 years of age or younger. Clause (ii) of subparagraph (A) shall
not apply to a child who (i) is 10 years of age or younger,
(ii) is described in section 1101(b)(1)(F) of this title, and
(iii) is seeking an immigrant visa as an immediate relative under section 1151(b) of this title, if, prior to the admission of the
child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate
relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that,
within 30 days of the child's admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations
identified in such subparagraph.
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general. Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits
committing acts which constitute the essential elements of (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such
a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign
country relating to a controlled substance (as defined in section 802 of title 21), is inadmissible.
(ii) Exception. Clause (i)(I) shall not apply to an alien who committed only one crime if (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien
released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the
date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having
committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed
imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of
imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
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(B) Multiple criminal convictions. Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of
whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the
offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
(C) Controlled substance traffickers. Any alien who the consular officer or the Attorney General knows or has reason to believe (i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21),
or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled
or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any
financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other
benefit was the product of such illicit activity, is inadmissible.
(D) Prostitution and commercialized vice. Any alien who (i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution
within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or
adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or
receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to
prostitution, is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution. Any alien (i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101(h) of this title),
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with
respect to that offense, is inadmissible.
(F) Waiver authorized. For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h) of this section.
(G) Foreign government officials who have committed particularly severe violations of religious freedom. Any alien who, while serving
as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom,
as defined in section 6402 of title 22, is inadmissible.
(H) Significant traffickers in persons
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(i) In general. Any alien who is listed in a report submitted pursuant to section 7108(b) of title 22, or who the consular officer
or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with
such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of title 22, is inadmissible.
(ii) Beneficiaries of trafficking. Except as provided in clause (iii), any alien who the consular officer or the Attorney General
knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5
years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that
the financial or other benefit was the product of such illicit activity, is inadmissible.
(iii) Exception for certain sons and daughters. Clause (ii) shall not apply to a son or daughter who was a child at the time he or
she received the benefit described in such clause.
(I) Money laundering. Any alien (i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter
the United States to engage, in an offense which is described in section 1956 or 1957 of title 18 (relating to laundering of monetary
instruments); or
(ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister,
conspirator,
or colluder with others in an offense which is described in such section; is inadmissible.
(3) Security and related grounds
(A) In general. Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter
the United States to engage solely, principally, or incidentally in (i) any activity
(I) to violate any law of the United States relating to espionage or sabotage or
(II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive
information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States
by force, violence, or other unlawful means, is inadmissible.
(B) Terrorist activities
(i) In general. Any alien who (I) has engaged in a terrorist activity;
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(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to
believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));
(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;
(IV) is a representative (as defined in clause (v)) of (aa) a terrorist organization (as defined in clause (vi)); or
(bb) a political, social, or other group that endorses or espouses terrorist activity;
(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);
(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and
convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist
organization;
(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a
terrorist organization;
(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18) from or on behalf of any
organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or
(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be
found inadmissible occurred within the last 5 years, is inadmissible. An alien who is an officer, official, representative, or
spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist
activity.
(ii) Exception. Subclause (VII) of clause (i) does not apply to a spouse or child (I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible
under this section; or
(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity
causing the alien to be found inadmissible under this section.
(iii) "Terrorist activity" defined. As used in this chapter, the term "terrorist activity" means any activity which is unlawful under
the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the
laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
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(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel
a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition
for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18) or upon the
liberty of such a person.
(IV) An assassination.
(V) The use of any (a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain),
with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to
property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
(iv) "Engage in terrorist activity" defined. As used in this chapter, the term "engage in terrorist activity" means, in an
individual capacity or as a member of an organization (I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily
injury, a terrorist activity;
(II) to prepare or plan a terrorist activity;
(III) to gather information on potential targets for terrorist activity;
(IV) to solicit funds or other things of value for (aa) a terrorist activity;
(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or
(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and
convincing evidence that he did not know, and should not reasonably have known, that the organization was a
terrorist organization;
(V) to solicit any individual (aa) to engage in conduct otherwise described in this subsection;
(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or
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(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate
by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization
was a terrorist organization; or
(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe
house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or
identification, weapons (including chemical, biological, or radiological weapons), explosives, or training (aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a
terrorist activity;
(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an
organization; or
(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless
the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably
have known, that the organization was a terrorist organization.
(v) "Representative" defined. As used in this paragraph, the term "representative" includes an officer, official, or spokesman of
an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist
activity.
(vi) "Terrorist organization" defined. As used in this section, the term "terrorist organization" means an organization (I) designated under section 1189 of this title;
(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or
upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that
the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or
(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which
engages in, the activities described in subclauses (I) through (VI) of clause (iv).
(C) Foreign policy
(i) In general. An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to
believe would have potentially serious adverse foreign policy consequences for the United States is inadmissible.
(ii) Exception for officials. An alien who is an official of a foreign government or a purported government, or who is a
candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not
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be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien's past,
current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United
States.
(iii) Exception for other aliens. An alien, not described in clause (ii), shall not be excludable or subject to restrictions or
conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or
associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State
personally determines that the alien's admission would compromise a compelling United States foreign policy interest.
(iv) Notification of determinations. If a determination is made under clause (iii) with respect to an alien, the Secretary of State
must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives
and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the
determination.
(D) Immigrant membership in totalitarian party
(i) In general. Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party
(or subdivision or affiliate thereof), domestic or foreign, is inadmissible.
(ii) Exception for involuntary membership. Clause (i) shall not apply to an alien because of membership or affiliation if the
alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General
when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age,
by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for
such purposes.
(iii) Exception for past membership. Clause (i) shall not apply to an alien because of membership or affiliation if the alien
establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when
applying for admission) that (I) the membership or affiliation terminated at least (a) 2 years before the date of such application, or
(b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was
with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the United States.
(iv) Exception for close family members. The Attorney General may, in the Attorney General's discretion, waive the application
of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or
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a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity,
or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.
(E) Participants in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
(i) Participation in Nazi persecutions. Any alien who, during the period beginning on March 23,1933, and ending on May 8,
1945, under the direction of, or in association with (I) the Nazi government of Germany,
(II) any government in any area occupied by the military forces of the Nazi government of Germany,
(III) any government established with the assistance or cooperation of the Nazi government of Germany, or
(IV) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise
participated in the persecution of any person because of race, religion, national origin, or political opinion is inadmissible.
(ii) Participation in genocide. Any alien who ordered, incited, assisted, or otherwise participated in conduct outside the United
States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title
18, is inadmissible.
(iii) Commission of acts of torture or extrajudicial killings. Any alien who, outside the United States, has committed, ordered,
incited, assisted, or otherwise participated in the commission of (I) any act of torture, as defined in section 2340 of title 18; or
(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note), is inadmissible.
(F) Association with terrorist organizations. Any alien who the Secretary of State, after consultation with the Attorney General, or the
Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends
while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the
United States is inadmissible.
(4) Public charge
(A) In general. Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the
Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is
inadmissible.
(B) Factors to be taken into account
(i) In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a
minimum consider the alien's -
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(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills.
(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of
support under section 1183a of this title for purposes of exclusion under this paragraph.
(C) Family-sponsored immigrants. Any alien who seeks admission or adjustment of status under a visa number issued under section
1151(b)(2) or 1153(a) of this title is inadmissible under this paragraph unless (i) the alien has obtained (I) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 1154(a)(1)(A) of
this title, or
(II) classification pursuant to clause (ii) or (iii) of section 1154(a)(1)(B) of this title; or
(ii) the person petitioning for the alien's admission (and any additional sponsor required under section 1183a(f) of this title or
any alternative sponsor permitted under paragraph (5)(B) of such section) has executed an affidavit of support described in section
1183a of this title with respect to such alien.
(D) Certain employment-based immigrants. Any alien who seeks admission or adjustment of status under a visa number issued under
section 1153(b) of this title by virtue of a classification petition filed by a relative of the alien (or by an entity in which such relative has a
significant ownership interest) is inadmissible under this paragraph unless such relative has executed an affidavit of support described in
section 1183a of this title with respect to such alien.
(5) Labor certification and qualifications for certain immigrants
(A) Labor certification
(i) In general. Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is
inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described
in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the
alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United
States similarly employed.
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(ii) Certain aliens subject to special rule. For purposes of clause (i)(I), an alien described in this clause is an alien who (I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
(iii) Professional athletes
(I) In general. A certification made under clause (i) with respect to a professional athlete shall remain valid with
respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which
employed the athlete when the athlete first applied for the certification.
(II) "Professional athlete" defined. For purposes of subclause (I), the term "professional athlete" means an individual
who is employed as an athlete by (aa) a team that is a member of an association of 6 or more professional sports teams whose total combined
revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the
contests and exhibitions in which its member teams regularly engage; or
(bb) any minor league team that is affiliated with such an association.
(iv) Long delayed adjustment applicants. A certification made under clause (i) with respect to an individual whose petition is
covered by section 1154(j) of this title shall remain valid with respect to a new job accepted by the individual after the individual
changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification
was issued.
(B) Unqualified physicians. An alien who is a graduate of a medical school not accredited by a body or bodies approved for the
purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the
United States principally to perform services as a member of the medical profession is inadmissible, unless the alien
(i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as
determined by the Secretary of Health and Human Services) and
(ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical
school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and
permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.
(C) Uncertified foreign health-care workers. Subject to subsection (r) of this section, any alien who seeks to enter the United States for
the purpose of performing labor as a health-care worker, other than a physician, is inadmissible unless the alien presents to the consular
officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing
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Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with
the Secretary of Health and Human Services, verifying that (i) the alien's education, training, license, and experience (I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification
specified in the application;
(II) are comparable with that required for an American health-care worker of the same type; and
(III) are authentic and, in the case of a license, unencumbered;
(ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human
Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be
engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments
of the applicant's ability to speak and write; and
(iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on
the profession's licensing or certification examination, the alien has passed such a test or has passed such an examination. For
purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within
the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.
(D) Application of grounds. The grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants
seeking admission or adjustment of status under paragraph (2) or (3) of section 1153(b) of this title.
(6) Illegal entrants and immigration violators
(A) Aliens present without admission or parole
(i) In general. An alien present in the United States without being admitted or paroled, or who arrives in the United States at
any time or place other than as designated by the Attorney General, is inadmissible.
(ii) Exception for certain battered women and children. Clause (i) shall not apply to an alien who demonstrates that (I) the alien qualifies for immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of
this title,
(II)
(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the
spouses or parent's family residing in the same household as the alien and the spouse or parent consented or
acquiesced to such battery or cruelty, or
(b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien
(without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's
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family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such
battery or cruelty and the alien did not actively participate in such battery or cruelty, and
(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's
unlawful entry into the United States.
(B) Failure to attend removal proceeding. Any alien who without reasonable cause fails or refuses to attend or remain in attendance
at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such
alien's subsequent departure or removal is inadmissible.
(C) Misrepresentation
(i) In general. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure
or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is
inadmissible.
(ii) Falsely claiming citizenship
(I) In general. Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the
United States for any purpose or benefit under this chapter (including section 1324a of this title) or any other Federal or State
law is inadmissible.
(II) Exception. In the case of an alien making a representation described in subclause (I), if each natural parent of the
alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably
believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be
inadmissible under any provision of this subsection based on such representation.
(iii) Waiver authorized. For provision authorizing waiver of clause (i), see subsection (i) of this section.
(D) Stowaways. Any alien who is a stowaway is inadmissible.
(E) Smugglers
(i) In general. Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to
enter or to try to enter the United States in violation of law is inadmissible.
(ii) Special rule in the case of family reunification. Clause (i) shall not apply in the case of alien who is an eligible immigrant (as
defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is
seeking admission as an immediate relative or under section 1153(a)(2) of this title (including under section 112 of the Immigration
Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged,
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induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United
States in violation of law.
(iii) Waiver authorized. For provision authorizing waiver of clause (i), see subsection (d)(11) of this section.
(F) Subject of civil penalty
(i) In general. An alien who is the subject of a final order for violation of section 1324c of this title is inadmissible.
(ii) Waiver authorized. For provision authorizing waiver of clause (i), see subsection (d)(12) of this section.
(G) Student visa abusers. An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who
violates a term or condition of such status under section 1184(l) of this title is inadmissible until the alien has been outside the United States
for a continuous period of 5 years after the date of the violation.
(7) Documentation requirements
(A) Immigrants
(i) In general. Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or
other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or
document of identity and nationality if such document is required under the regulations issued by the Attorney General under
section 1181(a) of this title, or
(II) whose visa has been issued without compliance with the provisions of section 1153 of this title, is inadmissible.
(ii) Waiver authorized. For provision authorizing waiver of clause (i), see subsection (k) of this section.
(B) Nonimmigrants
(i) In general. Any nonimmigrant who (I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial
period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which
the alien came or to proceed to and enter some other country during such period, or
(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for
admission, is inadmissible.
(ii) General waiver authorized. For provision authorizing waiver of clause (i), see subsection (d)(4) of this section.
(iii) Guam visa waiver. For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (l) of this
section.
(iv) Visa waiver program. For authority to waive the requirement of clause (i) under a program, see section 1187 of this title.
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(8) Ineligible for citizenship
(A) In general. Any immigrant who is permanently ineligible to citizenship is inadmissible.
(B) Draft evaders. Any person who has departed from or who has remained outside the United States to avoid or evade training or
service in the armed forces in time of war or a period declared by the President to be a national emergency is inadmissible, except that this
subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United
States as a nonimmigrant.
(9) Aliens previously removed
(A) Certain aliens previously removed
(i) Arriving aliens. Any alien who has been ordered removed under section 1225(b)(1) of this title or at the end of proceedings
under section 1229a of this title initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of
the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien
convicted of an aggravated felony) is inadmissible.
(ii) Other aliens. Any alien not described in clause (i) who (I) has been ordered removed under section 1229a of this title or any other provision of law, or
(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years
of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent
removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
(iii) Exception. Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's
reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney
General has consented to the alien's reapplying for admission.
(B) Aliens unlawfully present
(i) In general. Any alien (other than an alien lawfully admitted for permanent residence) who (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily
departed the United States (whether or not pursuant to section 1254a(e) of this title) prior to the commencement of
proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the
date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10
years of the date of such alien's departure or removal from the United States, is inadmissible.
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(ii) Construction of unlawful presence. For purposes of this paragraph, an alien is deemed to be unlawfully present in the
United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General
or is present in the United States without being admitted or paroled.
(iii) Exceptions
(I) Minors. No period of time in which an alien is under 18 years of age shall be taken into account in determining the
period of unlawful presence in the United States under clause (i).
(II) Asylees. No period of time in which an alien has a bona fide application for asylum pending under section 1158 of
this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless
the alien during such period was employed without authorization in the United States.
(III) Family unity. No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301
of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States
under clause (i).
(IV) Battered women and children. Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii)
if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in
subclause (III) of that paragraph.
(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 7102 of title 22) was at least one central reason for the alien's
unlawful presence in the United States.
(iv) Tolling for good cause. In the case of an alien who (I) has been lawfully admitted or paroled into the United States,
(II) has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period
of stay authorized by the Attorney General, and
(III) has not been employed without authorization in the United States before or during the pendency of such
application, the calculation of the period of time specified in clause (i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.
(v) Waiver. The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son
or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction
of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or
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lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General
regarding a waiver under this clause.
(C) Aliens unlawfully present after previous immigration violations
(i) In general. Any alien who (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or
(II) has been ordered removed under section 1225(b)(1) of this title, section 1229a of this title, or any other provision of
law, and who enters or attempts to reenter the United States without being admitted is inadmissible.
(ii) Exception. Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last
departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be
readmitted from a foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission. The
Attorney General in the Attorney General's discretion may waive the provisions of subsection (a)(9)(C)(i) of this section in the case of
an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this title, or
classification under clause (ii), (iii), or (iv) of section 1154(a)(1)(B) of this title, in any case in which there is a connection between (1) the alien's having been battered or subjected to extreme cruelty; and
(2) the alien's (A) removal;
(B) departure from the United States;
(C) reentry or reentries into the United States; or
(D) attempted reentry into the United States.
(10) Miscellaneous
(A) Practicing polygamists. Any immigrant who is coming to the United States to practice polygamy is inadmissible.
(B) Guardian required to accompany helpless alien. Any alien (i) who is accompanying another alien who is inadmissible and who is certified to be helpless from sickness, mental or physical
disability, or infancy pursuant to section 1222(c) of this title, and
(ii) whose protection or guardianship is determined to be required by the alien described in clause (i), is inadmissible.
(C) International child abduction
(i) In general. Except as provided in clause (ii), any alien who, after entry of an order by a court in the United States granting
custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the
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United States from the person granted custody by that order, is inadmissible until the child is surrendered to the person granted
custody by that order.
(ii) Aliens supporting abductors and relatives of abductors. Any alien who (I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i),
(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien
described in clause (i), or
(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child),
parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the
Secretary's sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person
granted custody by the order described in that clause, and such person and child are permitted to return to the United States
or such person's place of residence.
(iii) Exceptions. Clauses (i) and (ii) shall not apply (I) to a government official of the United States who is acting within the scope of his or her official duties;
(II) to a government official of any foreign government if the official has been designated by the Secretary of State at
the Secretary's sole and unreviewable discretion; or
(III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of
International Child Abduction, done at The Hague on October 25, 1980.
(D) Unlawful voters
(i) In general. Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance,
or regulation is inadmissible.
(ii) Exception. In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or
referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted
alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the
United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a
citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation.
(E) Former citizens who renounced citizenship to avoid taxation. Any alien who is a former citizen of the United States who officially
renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the
purpose of avoiding taxation by the United States is inadmissible.
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(b) Notices of denials
(1) Subject to paragraphs (2) and (3), if an alien's application for a visa, for admission to the United States, or for adjustment of status is
denied by an immigration or consular officer because the officer determines the alien to be inadmissible under subsection (a) of this section, the
officer shall provide the alien with a timely written notice that (A) states the determination, and
(B) lists the specific provision or provisions of law under which the alien is inadmissible or adjustment of status.
(2) The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of
inadmissible aliens.
(3) Paragraph (1) does not apply to any alien inadmissible under paragraph (2) or (3) of subsection (a) of this section.
(c) Repealed. Pub. L. 104-208, div. C, title III, Sec. 304(b), Sept. 30, 1996, 110 Stat. 3009-597
(d) Temporary admission of nonimmigrants
(1) The Attorney General shall determine whether a ground for inadmissibility exists with respect to a nonimmigrant described in section
1101(a)(15)(S) of this title. The Attorney General, in the Attorney General's discretion, may waive the application of subsection (a) of this section
(other than paragraph (3)(E)) in the case of a nonimmigrant described in section 1101(a)(15)(S) of this title, if the Attorney General considers it to be
in the national interest to do so. Nothing in this section shall be regarded as prohibiting the Immigration and Naturalization Service from instituting
removal proceedings against an alien admitted as a nonimmigrant under section 1101(a)(15)(S) of this title for conduct committed after the alien's
admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission as a
nonimmigrant under section 1101(a)(15)(S) of this title.
(2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(3)
(A) Except as provided in this subsection, an alien
(i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under
subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E)
of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular
officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United
States temporarily as a nonimmigrant in the discretion of the Attorney General, or
(ii) who is inadmissible under subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and
clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver
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thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the
Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control
and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.
(B)
(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude in such
Secretary's sole unreviewable discretion that subsection (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of this section shall not apply to an
alien, that subsection (a)(3)(B)(iv)(VI) of this section shall not apply with respect to any material support an alien afforded to an
organization or individual that has engaged in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) of this section shall not apply to a
group solely by virtue of having a subgroup within the scope of that subsection. The Secretary of State may not, however, exercise
discretion under this clause with respect to an alien once removal proceedings against the alien are instituted under section 1229a of
this title.
(ii) Not later than 90 days after the end of each fiscal year, the Secretary of State and the Secretary of Homeland Security shall
each provide to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International
Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Homeland
Security of the House of Representatives a report on the aliens to whom such Secretary has applied clause (i). Within one week of
applying clause (i) to a group, the Secretary of State or the Secretary of Homeland Security shall provide a report to such Committees.
(4) Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General and the
Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to
nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the
case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section 1223(c) of this title.
(5)
(A) The Attorney General may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into
the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or
significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an
admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall
forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same
manner as that of any other applicant for admission to the United States.
(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that
compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather
than be admitted as a refugee under section 1157 of this title.
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(6) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(7) The provisions of subsection (a) of this section (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, Puerto
Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the
United States. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the
aliens described in this proviso. Any alien described in this paragraph, who is denied admission to the United States, shall be immediately removed in
the manner provided by section 1231(c) of this title.
(8) Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal
employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except
paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
(9), (10) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov. 29, 1990, 104 Stat. 5076.
(11) The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public
interest, waive application of clause (i) of subsection (a)(6)(E) of this section in the case of any alien lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning
resident under section 1181(b) of this title and in the case of an alien seeking admission or adjustment of status as an immediate relative or
immigrant under section 1153(a) of this title (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided
only an individual who at the time of such action was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United
States in violation of law.
(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive
application of clause (i) of subsection (a)(6)(F) of this section (A) in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under
an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this
title, and
(B) in the case of an alien seeking admission or adjustment of status under section 1151(b)(2)(A) of this title or under section 1153(a)
of this title, if no previous civil money penalty was imposed against the alien under section 1324c of this title and the offense was committed
solely to assist, aid, or support the alien's spouse or child (and not another individual). No court shall have jurisdiction to review a decision of
the Attorney General to grant or deny a waiver under this paragraph.
(13) (A) The Attorney General Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to a
nonimmigrant described in section 1101(a)(15)(T) of this title, except that the ground for inadmissibility described in subsection (a)(4) of this
section shall not apply with respect to such a nonimmigrant.
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(B) In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section
1101(a)(15)(T) of this title, if the Attorney General Secretary of Homeland Security considers it to be in the national interest to do so, the
Attorney General Secretary of Homeland Security, in the Attorney General's discretion, may waive the application of (i) subsection (a)(1) of this section; and
(ii) any other provision of subsection (a) of this section (excluding paragraphs (3), (4), (10)(C), and (10(E)) if the activities
rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in section
1101(a)(15)(T)(i)(I) of this title.
(14) The Attorney General Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with respect to a
nonimmigrant described in section 1101(a)(15)(U) of this title. The Attorney General Secretary of Homeland Security, in the Attorney General's
discretion, may waive the application of subsection (a) of this section (other than paragraph (3)(E)) in the case of a nonimmigrant described in
section 1101(a)(15)(U) of this title, if the Attorney General Secretary of Homeland Security considers it to be in the public or national interest to do
so.
(e) Educational visitor status; foreign residence requirement; waiver. No person admitted under section 1101(a)(15)(J) of this title or acquiring such
status after admission
(i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an
agency of the Government of the United States or by the government of the country of his nationality or his last residence,
(ii) who at the time of admission or acquisition of status under section 1101(a)(15)(J) of this title was a national or resident of a country
which the Director of the United States Information Agency, pursuant to regulations prescribed by him, had designated as clearly requiring the
services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or
(iii) who came to the United States or acquired such status in order to receive graduate medical education or training, shall be eligible to
apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 1101(a)(15)(H) or section 1101(a)(15)(L) of this
title until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an
aggregate of at least two years following departure from the United States: Provided, That upon the favorable recommendation of the Director,
pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the
request of a State Department of Public Health, or its equivalent), or of the Commissioner of Immigration and Naturalization after he has
determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a
citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he
would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year
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foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest
except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an
interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section
1184(l) of this title: And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable
recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's
nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
(f) Suspension of entry or imposition of restrictions by President. Whenever the President finds that the entry of any aliens or of any class of aliens
into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem
necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he
may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney
General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including
the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by
such airline.
(g) Bond and conditions for admission of alien inadmissible on health-related grounds. The Attorney General may waive the application of (1) subsection (a)(1)(A)(i) in the case of any alien who (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an
alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,
(B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has
been issued an immigrant visa; or
(C) qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or classification under clause (ii) or (iii) of
section 1154(a)(1)(B) of this title; in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by
regulation prescribe;
(2) subsection (a)(1)(A)(ii) of this section in the case of any alien (A) who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present
documentation of previous vaccination,
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(B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of
Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such
vaccination would not be medically appropriate, or
(C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a
vaccination would be contrary to the alien's religious beliefs or moral convictions; or
(3) subsection (a)(1)(A)(iii) of this section in the case of any alien, in accordance with such terms, conditions, and controls, if any, including
the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human
Services, may by regulation prescribe.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E). The Attorney General may, in his discretion, waive the application of subparagraphs
(A)(i)(I), (B), (D), and (E) of subsection (a)(2) of this section and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of
simple possession of 30 grams or less of marijuana if (1)
(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that (i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is
inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status,
(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the
United States, and
(iii) the alien has been rehabilitated; or
(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully
admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would
result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or
(C) the alien qualifies for classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or classification under clause (ii) or
(iii) of section 1154(a)(1)(B) of this title; and
(2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has
consented to the alien's applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided
under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal
acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this
subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if
either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the
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United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United
States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this
section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent
residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien
would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted
classification under clause (iii) or (iv) of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of section 1154(a)(1)(B) of this title, the alien
demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
(j) Limitation on immigration of foreign medical graduates
(1) The additional requirements referred to in section 1101(a)(15)(J) of this title for an alien who is coming to the United States under a
program under which he will receive graduate medical education or training are as follows:
(A) A school of medicine or of one of the other health professions, which is accredited by a body or bodies approved for the purpose
by the Secretary of Education, has agreed in writing to provide the graduate medical education or training under the program for which the
alien is coming to the United States or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit
private institution or agency, except that, in the case of such an agreement by a school of medicine, any one or more of its affiliated
hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement.
(B) Before making such agreement, the accredited school has been satisfied that the alien
(i) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of
Education (regardless of whether such school of medicine is in the United States); or
(ii)
(I) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as
determined by the Secretary of Health and Human Services),
(II) has competency in oral and written English,
(III) will be able to adapt to the educational and cultural environment in which he will be receiving his education or
training, and
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(IV) has adequate prior education and training to participate satisfactorily in the program for which he is coming to
the United States. For the purposes of this subparagraph, an alien who is a graduate of a medical school shall be considered
to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently
licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.
(C) The alien has made a commitment to return to the country of his nationality or last residence upon completion of the education or
training for which he is coming to the United States, and the government of the country of his nationality or last residence has provided a
written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills
the alien will acquire in such education or training.
(D) The duration of the alien's participation in the program of graduate medical education or training for which the alien is coming to
the United States is limited to the time typically required to complete such program, as determined by the Director of the United States
Information Agency at the time of the alien's admission into the United States, based on criteria which are established in coordination with
the Secretary of Health and Human Services and which take into consideration the published requirements of the medical specialty board
which administers such education or training program; except that (i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the
country to which the alien will return at the end of such specialty education or training has an exceptional need for an individual
trained in such specialty, and
(ii) the alien may, once and not later than two years after the date the alien is admitted to the United States as an exchange
visitor or acquires exchange visitor status, change the alien's designated program of graduate medical education or training if the
Director approves the change and if a commitment and written assurance with respect to the alien's new program have been
provided in accordance with subparagraph (C).
(E) The alien furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that
attests that the alien
(i) is in good standing in the program of graduate medical education or training in which the alien is participating, and
(ii) will return to the country of his nationality or last residence upon completion of the education or training for which he
came to the United States.
(2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical
profession may not be admitted as a nonimmigrant under section 1101(a)(15)(H)(i)(b) of this title unless (A) the alien is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the
United States to teach or conduct research, or both, at or for such institution or agency, or
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(B)
(i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the
United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and
(ii)
(I) has competency in oral and written English or
(II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the
Secretary of Education (regardless of whether such school of medicine is in the United States).
(3) Omitted.
(k) Attorney General's discretion to admit otherwise inadmissible aliens who possess immigrant visas. Any alien, inadmissible from the United States
under paragraph (5)(A) or (7)(A)(i) of subsection (a) of this section, who is in possession of an immigrant visa may, if otherwise admissible, be
admitted in the discretion of the Attorney General if the Attorney General is satisfied that inadmissibility was not known to, and could not have been
ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside
the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time
of the immigrant's application for admission.
(l) Guam; waiver of requirements for nonimmigrant visitors; conditions of waiver; acceptance of funds from Guam
(1) The requirement of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General, the Secretary of State,
and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and
solely for entry into and stay on Guam for a period not to exceed fifteen days, if the Attorney General, the Secretary of State, and the Secretary of
the Interior, after consultation with the Governor of Guam, jointly determine that (A) an adequate arrival and departure control system has been developed on Guam, and
(B) such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and
commonwealths.
(2) An alien may not be provided a waiver under this subsection unless the alien has waived any right (A) to review or appeal under this chapter of an immigration officer's determination as to the admissibility of the alien at the port of
entry into Guam, or
(B) to contest, other than on the basis of an application for asylum, any action for removal of the alien.
(3) If adequate appropriated funds to carry out this subsection are not otherwise available, the Attorney General is authorized to accept from
the Government of Guam such funds as may be tendered to cover all or any part of the cost of administration and enforcement of this subsection.
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(m) Requirements for admission of nonimmigrant nurses
(1) The qualifications referred to in section 1101(a)(15)(H)(i)(c) of this title, with respect to an alien who is coming to the United States to
perform nursing services for a facility, are that the alien (A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing
education or has received nursing education in the United States;
(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and
Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment;
and
(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse
to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse
immediately upon admission to the United States and is authorized under such laws to be employed by the facility.
(2)
(A) The attestation referred to in section 1101(a)(15)(H)(i)(c) of this title, with respect to a facility for which an alien will perform
services, is an attestation as to the following:
(i) The facility meets all the requirements of paragraph (6).
(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly
employed.
(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility.
(iv) The facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses
who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as
reasonably possible the dependence of the facility on nonimmigrant registered nurses.
(v) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered
nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa
petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for
registered nurses of the facility.
(vi) At the time of the filing of the petition for registered nurses under section 1101(a)(15)(H)(i)(c) of this title, notice of the
filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no
such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through
posting in conspicuous locations.
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(vii) The facility will not, at any time, employ a number of aliens issued visas or otherwise provided nonimmigrant status under
section 1101(a)(15)(H)(i)(c) of this title that exceeds 33 percent of the total number of registered nurses employed by the facility.
(viii) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section
1101(a)(15)(H)(i)(c) of this title (I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or
(II) transfer the place of employment of the alien from one worksite to another. Nothing in clause (iv) shall be
construed as requiring a facility to have taken significant steps described in such clause before November 12, 1999. A copy of
the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date
of filing.
(B) For purposes of subparagraph (A)(iv), each of the following shall be considered a significant step reasonably designed to recruit
and retain registered nurses:
(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training
program for registered nurses elsewhere.
(ii) Providing career development programs and other methods of facilitating health care workers to become registered
nurses.
(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the
geographic area.
(iv) Providing reasonable opportunities for meaningful salary advancement by registered nurses. The steps described in this
subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of
subparagraph (A)(iv). Nothing in this subparagraph shall require a facility to take more than one step if the facility can demonstrate
that taking a second step is not reasonable.
(C) Subject to subparagraph (E), an attestation under subparagraph (A) (i) shall expire on the date that is the later of (I) the end of the one-year period beginning on the date of its filing with the Secretary of Labor; or
(II) the end of the period of admission under section 1101(a)(15)(H)(i)(c) of this title of the last alien with respect to
whose admission it was applied (in accordance with clause (ii)); and
(ii) shall apply to petitions filed during the one-year period beginning on the date of its filing with the Secretary of Labor if the
facility states in each such petition that it continues to comply with the conditions in the attestation.
(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition.
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(E)
(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a
list identifying facilities which have filed petitions for nonimmigrants under section 1101(a)(15)(H)(i)(c) of this title and, for each such
facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed
by the facility.
(ii) The Secretary of Labor shall establish a process, including reasonable time limits, for the receipt, investigation, and
disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material
fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives,
associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary).
The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet
conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an
attestation is expired or unexpired at the time a complaint is filed.
(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a
determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a
basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on
the complaint within 60 days of the date of the determination.
(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made)
has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall
notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as
the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with
respect to a facility during a period of at least one year for nurses to be employed by the facility.
(v) In addition to the sanctions provided for under clause (iv), if the Secretary of Labor finds, after notice and an opportunity
for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered
nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may
be required to comply with such condition.
(F)
(i) The Secretary of Labor shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount
prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250.
(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the
United States.
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(iii) The collected fees in the fund shall be available to the Secretary of Labor, to the extent and in such amounts as may be
provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the
Secretary to cover such costs.
(3) The period of admission of an alien under section 1101(a)(15)(H)(i)(c) of this title shall be 3 years.
(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 1101(a)(15)(H)(i)(c) of this title in each fiscal
year shall not exceed 500. The number of such visas issued for employment in each State in each fiscal year shall not exceed the following:
(A) For States with populations of less than 9,000,000, based upon the 1990 decennial census of population, 25 visas.
(B) For States with populations of 9,000,000 or more, based upon the 1990 decennial census of population, 50 visas.
(C) If the total number of visas available under this paragraph for a fiscal year quarter exceeds the number of qualified
nonimmigrants who may be issued such visas during those quarters, the visas made available under this paragraph shall be issued without
regard to the numerical limitation under subparagraph (A) or (B) of this paragraph during the last fiscal year quarter.
(5) A facility that has filed a petition under section 1101(a)(15)(H)(i)(c) of this title to employ a nonimmigrant to perform nursing services for
the facility (A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by
the facility;
(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and
(C) shall not interfere with the right of the nonimmigrant to join or organize a union.
(6) For purposes of this subsection and section 1101(a)(15)(H)(i)(c) of this title, the term "facility" means a subsection (d) hospital (as defined
in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the following requirements:
(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 254e of title 42).
(B) Based on its settled cost report filed under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] for its cost reporting period
beginning during fiscal year 1994 (i) the hospital has not less than 190 licensed acute care beds;
(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were
entitled to benefits under part A of such title [42 U.S.C. 1395c et seq.] is not less than 35 percent of the total number of such
hospital's acute care inpatient days for such period; and
(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were
eligible for medical assistance under a State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], is not less
than 28 percent of the total number of such hospital's acute care inpatient days for such period.
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(7) For purposes of paragraph (2)(A)(v), the term "lay off", with respect to a worker (A) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of
workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but
(B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment
opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employee's or an
employer's rights under a collective bargaining agreement or other employment contract.
(n) Labor condition application
(1) No alien may be admitted or provided status as an H-1B nonimmigrant in an occupational classification unless the employer has filed
with the Secretary of Labor an application stating the following:
(A) The employer (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B
nonimmigrant wages that are at least (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the
specific employment in question, or
(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based
on the best information available as of the time of filing the application, and
(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers
similarly employed.
(B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
(C) The employer, at the time of filing the application (i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees
in the occupational classification and area for which aliens are sought, or
(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such
methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the
occupational classification for which H-1B nonimmigrants are sought.
(D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers
will be employed, and wage rate and conditions under which they will be employed.
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(E)
(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition supported by the application.
(ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to
carry out this subparagraph, and before by an H-1B-dependent employer (as defined in paragraph (3)) or by an employer that has
been found, on or after October 21, 1998, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the application. An application is not described in this clause if the only H-1B
nonimmigrants sought in the application are exempt H-1B nonimmigrants.
(F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another
employer (regardless of whether or not such other employer is an H-1B-dependent employer) where (i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such
other employer; and
(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; unless the employer
has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending
90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to
displace a United States worker employed by the other employer.
(G)
(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the
application (I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and
offering compensation that is at least as great as that required to be offered to H-1B nonimmigrants under subparagraph (A),
United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and
(II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which
the nonimmigrant or nonimmigrants is or are sought.
(ii) The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an H-1B
nonimmigrant who is described in subparagraph (A), (B), or (C) of section 1153(b)(1) of this title. The employer shall make available
for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's
principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The
Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this
subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The
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Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an
application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously
inaccurate, the Secretary shall provide the certification described in section 1101(a)(15)(H)(i)(b) of this title within 7 days of the date
of the filing of the application. The application form shall include a clear statement explaining the liability under subparagraph (F) of
a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such
subparagraph. Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria
relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a
discriminatory manner.
(2)
(A) Subject to paragraph (5)(A), the Secretary shall establish a process for the receipt, investigation, and disposition of complaints
respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's
misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation
unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall
conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
(B) Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to
whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable
basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the
complaint, in accordance with section 556 of title 5, within 60 days after the date of the determination. If such a hearing is requested, the
Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary may consolidate the hearings under this subparagraph on such complaints.
(C)
(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or
(1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an
application (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other
administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary
determines to be appropriate; and
(II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c)
of this title during a period of at least 1 year for aliens to be employed by the employer.
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(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a
willful misrepresentation of material fact in an application, or a violation of clause (iv) (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other
administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary
determines to be appropriate; and
(II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c)
of this title during a period of at least 2 years for aliens to be employed by the employer.
(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1) or a
willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced
a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of
filing of any visa petition supported by the application (I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other
administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary
determines to be appropriate; and
(II) the Attorney General shall not approve petitions filed with respect to that employer under section 1154 or 1184(c)
of this title during a period of at least 3 years for aliens to be employed by the employer.
(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this
clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or
regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other
proceeding concerning the employer's compliance with the requirements of this subsection or any rule or regulation pertaining to this
subsection.
(v) The Secretary of Labor and the Attorney General shall devise a process under which an H-1B nonimmigrant who files a
complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to
seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such
nonimmigrant classification.
(vi)
(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H-1B
nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and
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the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant
to relevant State law.
(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien
who is the subject of a petition filed under section 1184(c)(1) of this title, for which a fee is imposed under section 1184(c)(9)
of this title, to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this
clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of
this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative
order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot
be located, requiring payment of any such amount to the general fund of the Treasury.
(vii) (I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this
subsection and who places an H-1B nonimmigrant designated as a full-time employee on the petition filed under section
1184(c)(1) of this title by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into
employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of
work), or due to the nonimmigrant's lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance
with paragraph (1)(A) for all such nonproductive time.
(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this
subsection and who places an H-1B nonimmigrant designated as a part-time employee on the petition filed under section
1184(c)(1) of this title by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into
employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a
nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition.
(III) In the case of an H-1B nonimmigrant who has not yet entered into employment with an employer who has had
approved an application under this subsection, and a petition under section 1184(c)(1) of this title, with respect to the
nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the
nonimmigrant first is admitted into the United States pursuant to the petition, or 60 days after the date the nonimmigrant
becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the United States on the date of
the approval of the petition).
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(IV) This clause does not apply to a failure to pay wages to an H-1B nonimmigrant for nonproductive time due to nonwork-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the
nonimmigrant unable to work.
(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from
applying to an H-1B nonimmigrant an established salary practice of the employer, under which the employer pays to H-1B
nonimmigrants and United States workers in the same occupational classification an annual salary in disbursements over
fewer than 12 months, if (aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the
employment; and
(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to
violate any condition of the nonimmigrant's authorization under this chapter to remain in the United States.
(VI) This clause shall not be construed as superseding clause (viii).
(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection
to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's period of authorized employment, benefits and eligibility for
benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in
retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on
performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers.
(D) If the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified
under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of
back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been
imposed.
(E) If an H-1B-dependent employer places a nonexempt H-1B nonimmigrant with another employer as provided under paragraph
(1)(F) and the other employer has displaced or displaces a United States worker employed by such other employer during the period
described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to
meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may impose a sanction
described in subclause (II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer (i) knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other
employer; or
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(ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H-1B nonimmigrant with
the same other employer.
(F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning
on the date (on or after October 21, 1998) on which the employer is found by the Secretary to have committed a willful failure to meet a
condition of paragraph (1) (or has been found under paragraph (5) to have committed a willful failure to meet the condition of paragraph
(1)(G)(i)(II)) or to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer
regardless of whether or not the employer is an H-1B-dependent employer. The authority of the Secretary under this subparagraph shall not
be construed to be subject to, or limited by, the requirements of subparagraph (A).
(G)
(i) The Secretary of Labor may initiate an investigation of any employer that employs nonimmigrants described in section
1101(a)(15)(H)(i)(b) of this title if the Secretary of Labor has reasonable cause to believe that the employer is not in compliance with
this subsection. In the case of an investigation under this clause, the Secretary of Labor (or the acting Secretary in the case of the
absence of disability of the Secretary of Labor) shall personally certify that reasonable cause exists and shall approve commencement
of the investigation. The investigation may be initiated for reasons other than completeness and obvious inaccuracies by the
employer in complying with this subsection.
(ii) If the Secretary of Labor receives specific credible information from a source who is likely to have knowledge of an
employer's practices or employment conditions, or an employer's compliance with the employer's labor condition application under
paragraph (1), and whose identity is known to the Secretary of Labor, and such information provides reasonable cause to believe that
the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition
that affects multiple employees, the Secretary of Labor may conduct an investigation into the alleged failure or failures. The
Secretary of Labor may withhold the identity of the source from the employer, and the source's identity shall not be subject to
disclosure under section 552 of title 5.
(iii) The Secretary of Labor shall establish a procedure for any person desiring to provide to the Secretary of Labor information
described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form developed and provided by the Secretary of Labor and completed by or
on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies
the requirement of clause (iv)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of
the person).
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(iv) Any investigation initiated or approved by the Secretary of Labor under clause (ii) shall be based on information that
satisfies the requirements of such clause and that (I) originates from a source other than an officer or employee of the Department of Labor; or
(II) was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor
investigation under this chapter of any other Act.
(v) The receipt by the Secretary of Labor of information submitted by an employer to the Attorney General or the Secretary of
Labor for purposes of securing the employment of a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title shall not be
considered a receipt of information for purposes of clause (ii).
(vi) No investigation described in clause (ii) (or hearing described in clause (viii) based on such investigation) may be
conducted with respect to information about a failure to meet a condition described in clause (ii), unless the Secretary of Labor
receives the information not later than 12 months after the date of the alleged failure.
(vii) The Secretary of Labor shall provide notice to an employer with respect to whom there is reasonable cause to initiate an
investigation described in clauses (i) or (ii), prior to the commencement of an investigation under such clauses, of the intent to
conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The Secretary of Labor is not required to comply with this clause if
the Secretary of Labor determines that to do so would interfere with an effort by the Secretary of Labor to secure compliance by the
employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary of Labor
under this clause.
(viii) An investigation under clauses (i) or (ii) may be conducted for a period of up to 60 days. If the Secretary of Labor
determines after such an investigation that a reasonable basis exists to make a finding that the employer has committed a willful
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of
failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees,
the Secretary of Labor shall provide for notice of such determination to the interested parties and an opportunity for a hearing in
accordance with section 556 of title 5 within 120 days after the date of the determination. If such a hearing is requested, the
Secretary of Labor shall make a finding concerning the matter by not later than 120 days after the date of the hearing.
(H)
(i) Except as provided in clauses (ii) and (iii), a person or entity is considered to have complied with the requirements of this
subsection, notwithstanding a technical or procedural failure to meet such requirements, if there was a good faith attempt to comply
with the requirements.
(ii) Clause (i) shall not apply if -
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(I) the Department of Labor (or another enforcement agency) has explained to the person or entity the basis for the
failure;
(II) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the
explanation) within which to correct the failure; and
(III) the person or entity has not corrected the failure voluntarily within such period.
(iii) A person or entity that, in the course of an investigation, is found to have violated the prevailing wage requirements set
forth in paragraph (1)(A), shall not be assessed fines or other penalties for such violation if the person or entity can establish that the
manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices.
(iv) Clauses (i) and (iii) shall not apply to a person or entity that has engaged in or is engaging in a pattern or practice of
willful violations of this subsection.
(I) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this
chapter (such as the authorities under section 1324b of this title), or any other Act.
(3)
(A) For purposes of this subsection, the term "H-1B-dependent employer" means an employer that (i)
(I) has 25 or fewer full-time equivalent employees who are employed in the United States; and
(II) employs more than 7 H-1B nonimmigrants;
(ii)
(I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and
(II) employs more than 12 H-1B nonimmigrants; or
(iii)
(I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
(B) For purposes of this subsection (i) the term "exempt H-1B nonimmigrant" means an H-1B nonimmigrant who (I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or
(II) has attained a master's or higher degree (or its equivalent) in a specialty related to the intended employment; and
(ii) the term "nonexempt H-1B nonimmigrant" means an H-1B nonimmigrant who is not an exempt H-1B nonimmigrant.
(C) For purposes of subparagraph (A) (i) in computing the number of full-time equivalent employees and the number of H-1B nonimmigrants, exempt H-1B
nonimmigrants shall not be taken into account during the longer of (I) the 6-month period beginning on October 21, 1998; or
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(II) the period beginning on October 21, 1998, and ending on the date final regulations are issued to carry out this
paragraph; and
(ii) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of title 26 shall be treated as a
single employer.
(4) For purposes of this subsection:
(A) The term "area of employment" means the area within normal commuting distance of the worksite or physical location where the
work of the H-1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within
such area is deemed to be within the area of employment.
(B) In the case of an application with respect to one or more H-1B nonimmigrants by an employer, the employer is considered to
"displace" a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for
which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it
involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience,
and is located in the same area of employment as the other job.
(C) The term "H-1B nonimmigrant" means an alien admitted or provided status as a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title.
(D)
(i) The term "lays off", with respect to a worker (I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other
than a temporary employment contract entered into in order to evade a condition described in subparagraph (E) or (F) of
paragraph (1)); but
(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer
under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits
than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.
(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other
employment contract.
(E) The term "United States worker" means an employee who (i) is a citizen or national of the United States; or
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(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 of this title, is
granted asylum under section 1158 of this title, or is an immigrant otherwise authorized, by this chapter or by the Attorney General,
to be employed.
(5)
(A) This paragraph shall apply instead of subparagraphs (A) through (E) of paragraph (2) in the case of a violation described in
subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any
other violation.
(B) The Attorney General shall establish a process for the receipt, initial review, and disposition in accordance with this paragraph of
complaints respecting an employer's failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioner's misrepresentation of material
facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in
a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint
concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months
after the date of the failure or misrepresentation, respectively.
(C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph (B) and there is reasonable cause
to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding
arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators
maintained by such Service. The procedure and rules of such Service shall be applicable to the selection of such arbitrator and to such
arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator.
(D)
(i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph (B)
occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect.
The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the
complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The
arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such
findings shall be final and conclusive, and, except as provided in this subparagraph, no official or court of the United States shall have
power or jurisdiction to review any such findings.
(ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award
of an arbitrator may be vacated or modified under section 10 or 11 of title 9.
(iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause (ii)
and may set aside such actions only on the grounds described in subparagraph (A), (B), or (C) of section 706(a)(2) of title 5.
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Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate United States court of
appeals.
(E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition
of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or
modifies the finding under subparagraph (D)(ii) (i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed
$1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the Attorney General determines
to be appropriate; and
(ii) the Attorney General is authorized to not approve petitions filed, with respect to that employer and for aliens to be
employed by the employer, under section 1154 or 1184(c) of this title (I) during a period of not more than 1 year; or
(II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years.
(F) The Attorney General shall not delegate, to any other employee or official of the Department of Justice, any function of the
Attorney General under this paragraph, until 60 days after the Attorney General has submitted a plan for such delegation to the Committees
on the Judiciary of the United States House of Representatives and the Senate.
(o) Omitted
(p) Computation of prevailing wage level
(1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section in the case of an employee of (A) an institution of higher education (as defined in section 1001(a) of title 20), or a related or affiliated nonprofit entity; or
(B) a nonprofit research organization or a Governmental research organization, the prevailing wage level shall only take into account
employees at such institutions and organizations in the area of employment.
(2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II) of this section) when the job opportunity is covered by
professional sports league rules or regulations, the wage set forth in those rules or regulations shall be considered as not adversely affecting the
wages of United States workers similarly employed and be considered the prevailing wage.
(3) The prevailing wage required to be paid pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section shall be 100
percent of the wage determined pursuant to those sections.
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(4) Where the Secretary of Labor uses, or makes available to employers, a governmental survey to determine the prevailing wage, such
survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing
government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the
quotient thus obtained to the first level and subtracting that quotient from the second level.
(q) Academic honoraria. Any alien admitted under section 1101(a)(15)(B) of this title may accept an honorarium payment and associated incidental
expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in
consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) of this section
and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more
than 5 institutions or organizations in the previous 6-month period.
(r) Exception for certain alien nurses. Subsection (a)(5)(C) of this section shall not apply to an alien who seeks to enter the United States for the
purpose of performing labor as a nurse who presents to the consular officer (or in the case of an adjustment of status, the Attorney General) a
certified statement from the Commission on Graduates of Foreign Nursing Schools (or an equivalent independent credentialing organization
approved for the certification of nurses under subsection (a)(5)(C) of this section by the Attorney General in consultation with the Secretary of Health
and Human Services) that (1) the alien has a valid and unrestricted license as a nurse in a State where the alien intends to be employed and such State verifies that the
foreign licenses of alien nurses are authentic and unencumbered;
(2) the alien has passed the National Council Licensure Examination (NCLEX);
(3) the alien is a graduate of a nursing program (A) in which the language of instruction was English;
(B) located in a country (i) designated by such commission not later than 30 days after November 12, 1999, based on such commission's assessment
that the quality of nursing education in that country, and the English language proficiency of those who complete such programs in
that country, justify the country's designation; or
(ii) designated on the basis of such an assessment by unanimous agreement of such commission and any equivalent
credentialing organizations which have been approved under subsection (a)(5)(C) of this section for the certification of nurses under
this subsection; and
(C)
(i) which was in operation on or before November 12, 1999; or
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(ii) has been approved by unanimous agreement of such commission and any equivalent credentialing organizations which
have been approved under subsection (a)(5)(C) of this section for the certification of nurses under this subsection.
(s) Consideration of benefits received as battered alien in determination of inadmissibility as likely to become public charge. In determining whether
an alien described in subsection (a)(4)(C)(i) of this section is inadmissible under subsection (a)(4) of this section or ineligible to receive an immigrant
visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4) of this section, the consular officer or the Attorney
General shall not consider any benefits the alien may have received that were authorized under section 1641(c) of this title.
(t) Nonimmigrant professionals; labor attestations
(1) No alien may be admitted or provided status as a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title in an occupational classification unless the employer has filed with the Secretary of Labor an attestation stating the
following:
(A) The employer (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status under section
1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title wages that are at least (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the
specific employment in question; or
(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based
on the best information available as of the time of filing the attestation; and
(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers
similarly employed.
(B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
(C) The employer, at the time of filing the attestation (i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees
in the occupational classification and area for which aliens are sought; or
(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such
methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the
occupational classification for which nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of
this title are sought.
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(D) A specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage
rate and conditions under which they will be employed.
(2)
(A) The employer shall make available for public examination, within one working day after the date on which an attestation under
this subsection is filed, at the employer's principal place of business or worksite, a copy of each such attestation (and such accompanying
documents as are necessary).
(B)
(i) The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the
attestations filed under this subsection. Such list shall include, with respect to each attestation, the wage rate, number of aliens
sought, period of intended employment, and date of need.
(ii) The Secretary of Labor shall make such list available for public examination in Washington, D.C.
(C) The Secretary of Labor shall review an attestation filed under this subsection only for completeness and obvious inaccuracies.
Unless the Secretary of Labor finds that an attestation is incomplete or obviously inaccurate, the Secretary of Labor shall provide the
certification described in section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title within 7 days of the date of the
filing of the attestation.
(3)
(A) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting the failure
of an employer to meet a condition specified in an attestation submitted under this subsection or misrepresentation by the employer of
material facts in such an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining
representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the
complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
(B) Under the process described in subparagraph (A), the Secretary of Labor shall provide, within 30 days after the date a complaint is
filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary of
Labor determines that such a reasonable basis exists, the Secretary of Labor shall provide for notice of such determination to the interested
parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, within 60 days after the date of the
determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days
after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the
hearings under this subparagraph on such complaints.
(C)
(i) If the Secretary of Labor finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B),
a substantial failure to meet a condition of paragraph (1)(C) or (1)(D), or a misrepresentation of material fact in an attestation -
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(I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and
may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed
$1,000 per violation) as the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this
title during a period of at least 1 year for aliens to be employed by the employer.
(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph
(1), a willful misrepresentation of material fact in an attestation, or a violation of clause (iv) (I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and
may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed
$5,000 per violation) as the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of this
title during a period of at least 2 years for aliens to be employed by the employer.
(iii) If the Secretary of Labor finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph
(1) or a willful misrepresentation of material fact in an attestation, in the course of which failure or misrepresentation the employer
displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition or application supported by the attestation (I) the Secretary of Labor shall notify the Secretary of State and the Secretary of Homeland Security of such finding and
may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed
$35,000 per violation) as the Secretary of Labor determines to be appropriate; and
(II) the Secretary of State or the Secretary of Homeland Security, as appropriate, shall not approve petitions or
applications filed with respect to that employer under section 1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
this title during a period of at least 3 years for aliens to be employed by the employer.
(iv) It is a violation of this clause for an employer who has filed an attestation under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this
clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or
regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other
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proceeding concerning the employer's compliance with the requirements of this subsection or any rule or regulation pertaining to
this subsection.
(v) The Secretary of Labor and the Secretary of Homeland Security shall devise a process under which a nonimmigrant under
section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title who files a complaint regarding a violation of clause
(iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment
in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification.
(vi)
(I) It is a violation of this clause for an employer who has filed an attestation under this subsection to require a
nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title to pay a penalty for
ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary of
Labor shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law.
(II) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has committed a
violation of this clause, the Secretary of Labor may impose a civil monetary penalty of $1,000 for each such violation and issue
an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the
nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury.
(vii) (I) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this
subsection and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this
title designated as a full-time employee in the attestation, after the nonimmigrant has entered into employment with the
employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the
nonimmigrant's lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph
(1)(A) for all such nonproductive time.
(II) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this
subsection and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this
title designated as a part-time employee in the attestation, after the nonimmigrant has entered into employment with the
employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such
hours as are designated on the attestation consistent with the rate of pay identified on the attestation.
(III) In the case of a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this
title who has not yet entered into employment with an employer who has had approved an attestation under this subsection
with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after
the date the nonimmigrant first is admitted into the United States, or 60 days after the date the nonimmigrant becomes
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eligible to work for the employer in the case of a nonimmigrant who is present in the United States on the date of the
approval of the attestation filed with the Secretary of Labor.
(IV) This clause does not apply to a failure to pay wages to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this
title or section 1101(a)(15)(E)(iii) of this title for nonproductive time due to non-work-related factors, such as the voluntary
request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work.
(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from
applying to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title an
established salary practice of the employer, under which the employer pays to nonimmigrants under section
1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title and United States workers in the same occupational
classification an annual salary in disbursements over fewer than 12 months, if (aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the
employment; and
(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to
violate any condition of the nonimmigrant's authorization under this chapter to remain in the United States.
(VI) This clause shall not be construed as superseding clause (viii).
(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an attestation under this subsection
to fail to offer to a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title, during the
nonimmigrant's period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in
health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses
and non-cash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance
with the same criteria, as the employer offers to United States workers.
(D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level
specified in the attestation and required under paragraph (1), the Secretary of Labor shall order the employer to provide for payment of such
amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph
(C) has been imposed.
(E) The Secretary of Labor may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years,
beginning on the date on which the employer is found by the Secretary of Labor to have committed a willful failure to meet a condition of
paragraph (1) or to have made a willful misrepresentation of material fact in an attestation. The authority of the Secretary of Labor under
this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).
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(F) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this
chapter (such as the authorities under section 1324b of this title), or any other Act.
(4) For purposes of this subsection:
(A) The term "area of employment" means the area within normal commuting distance of the worksite or physical location where the
work of the nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii) of this title is or will be performed. If
such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of
employment.
(B) In the case of an attestation with respect to one or more nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or section
1101(a)(15)(E)(iii) of this title by an employer, the employer is considered to "displace" a United States worker from a job if the employer lays
off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job
shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a
United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other
job.
(C)
(i) The term "lays off", with respect to a worker (I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but
(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position
from which the employee was discharged, regardless of whether or not the employee accepts the offer.
(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other
employment contract.
(D) The term "United States worker" means an employee who (i) is a citizen or national of the United States; or
(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 1157 of this title, is
granted asylum under section 1158 of this title, or is an immigrant otherwise authorized, by this chapter or by the Secretary of
Homeland Security, to be employed.
(t) Foreign residence requirement
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(1) Except as provided in paragraph (2), no person admitted under section 1101(a)(15)(Q)(ii)(I) of this title, or acquiring such status after
admission, shall be eligible to apply for nonimmigrant status, an immigrant visa, or permanent residence under this chapter until it is established
that such person has resided and been physically present in the person's country of nationality or last residence for an aggregate of at least 2 years
following departure from the United States.
(2) The Secretary of Homeland Security may waive the requirement of such 2-year foreign residence abroad if the Secretary determines that (A) departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a
citizen of the United States or an alien lawfully admitted for permanent residence); or
(B) the admission of the alien is in the public interest or the national interest of the United States.
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Endnote 12
8 USC Sec. 1184
Section 214 of the Immigration and Nationality Act
TITLE 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
Sec. 1184. Admission of nonimmigrants
(a) Regulations
(1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney
General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing
such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under
which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United
States. No alien admitted to Guam without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United States
other than in Guam or to remain in Guam for a period exceeding fifteen days from date of admission to Guam. No alien admitted to the United
States without a visa pursuant to section 1187 of this title may be authorized to remain in the United States as a nonimmigrant visitor for a period
exceeding 90 days from the date of admission.
(2)
(A) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(O) of this title shall be for such period as the
Attorney General may specify in order to provide for the event (or events) for which the nonimmigrant is admitted.
(B) The period of authorized status as a nonimmigrant described in section 1101(a)(15)(P) of this title shall be for such period as the
Attorney General may specify in order to provide for the competition, event, or performance for which the nonimmigrant is admitted. In the
case of nonimmigrants admitted as individual athletes under section 1101(a)(15)(P) of this title, the period of authorized status may be for
an initial period (not to exceed 5 years) during which the nonimmigrant will perform as an athlete and such period may be extended by the
Attorney General for an additional period of up to 5 years.
(b) Presumption of status; written waiver. Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this
title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall
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Complied by the American Bar Association Commission on Domestic Violence – 2010.
be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the
immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title. An
alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and
immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or
member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an
immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257(b) of this title.
(c) Petition of importing employer
(1) The question of importing any alien as a nonimmigrant under subparagraph (H), (L), (O), or (P)(i) of section 1101(a)(15) of this title
(excluding nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title) in any specific case or specific cases shall be determined by the Attorney
General, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition, shall be made
and approved before the visa is granted. The petition shall be in such form and contain such information as the Attorney General shall prescribe. The
approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. For purposes of this subsection with
respect to nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this title, the term "appropriate agencies of Government" means the
Department of Labor and includes the Department of Agriculture. The provisions of section 1188 of this title shall apply to the question of importing
any alien as a nonimmigrant under section 1101(a)(15)(H)(ii)(a) of this title.
(2)
(A) The Attorney General shall provide for a procedure under which an importing employer which meets requirements established by
the Attorney General may file a blanket petition to import aliens as nonimmigrants described in section 1101(a)(15)(L) of this title instead of
filing individual petitions under paragraph (1) to import such aliens. Such procedure shall permit the expedited processing of visas for
admission of aliens covered under such a petition.
(B) For purposes of section 1101(a)(15)(L) of this title, an alien is considered to be serving in a capacity involving specialized
knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international
markets or has an advanced level of knowledge of processes and procedures of the company.
(C) The Attorney General shall provide a process for reviewing and acting upon petitions under this subsection with respect to
nonimmigrants described in section 1101(a)(15)(L) of this title within 30 days after the date a completed petition has been filed.
(D) The period of authorized admission for (i) a nonimmigrant admitted to render services in a managerial or executive capacity under section 1101(a)(15)(L) of this title
shall not exceed 7 years, or
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(ii) a nonimmigrant admitted to render services in a capacity that involves specialized knowledge under section 1101(a)(15)(L)
of this title shall not exceed 5 years.
(E) In the case of an alien spouse admitted under section 1101(a)(15)(L) of this title, who is accompanying or following to join a
principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United
States and provide the spouse with an "employment authorized" endorsement or other appropriate work permit.
(F) An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section
1101(a)(15)(L) of this title and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under section 1101(a)(15)(L) of this title if (i) the alien will be controlled and supervised principally by such unaffiliated employer; or
(ii) the placement of the alien at the worksite of the unaffiliated employer is essentially an arrangement to provide labor for
hire for the unaffiliated employer, rather than a placement in connection with the provision of a product or service for which
specialized knowledge specific to the petitioning employer is necessary.
(3) The Attorney General shall approve a petition (A) with respect to a nonimmigrant described in section 1101(a)(15)(O)(i) of this title only after consultation in accordance with
paragraph (6) or, with respect to aliens seeking entry for a motion picture or television production, after consultation with the appropriate
union representing the alien's occupational peers and a management organization in the area of the alien's ability, or
(B) with respect to a nonimmigrant described in section 1101(a)(15)(O)(ii) of this title after consultation in accordance with
paragraph (6) or, in the case of such an alien seeking entry for a motion picture or television production, after consultation with such a labor
organization and a management organization in the area of the alien's ability. In the case of an alien seeking entry for a motion picture or
television production,
(i) any opinion under the previous sentence shall only be advisory,
(ii) any such opinion that recommends denial must be in writing,
(iii) in making the decision the Attorney General shall consider the exigencies and scheduling of the production, and (iv) the
Attorney General shall append to the decision any such opinion. The Attorney General shall provide by regulation for the waiver of
the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section
1101(a)(15)(O)(i) of this title because of extraordinary ability in the arts and who seek readmission to perform similar services within
2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the
Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor
organization.
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(4)
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(A) For purposes of section 1101(a)(15)(P)(i)(a) of this title, an alien is described in this subparagraph if the alien (i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance,
and
(ii) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete with respect to a
specific athletic competition.
(B)
(i) For purposes of section 1101(a)(15)(P)(i)(b) of this title, an alien is described in this subparagraph if the alien (I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as
provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial
period of time,
(II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial
relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group,
and
(III) seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or
entertainer or as an integral and essential part of a performance.
(ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained
and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international
recognition requirement of clause (i)(I).
(iii)
(I) The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and
entertainers in a group.
(II) The Attorney General may waive such one-year relationship requirement for an alien who because of illness or
unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the
group by performing a critical role.
(iv) The requirements of sub