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Week Ending September 30, 2005
H.R.3402 To authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, and for other purposes.
BRIEF
This bill is separate from the appropriation bill for the Department of Justice in that it authorizes programs and spending levels but does not actually appropriate taxpayer dollars. That effort was made when the House considered the appropriations for Commerce, Justice, State and Science last month.
The elements and provisions of the bill noted below represent broad guidelines for the Department as well as some specific prioritized programs.
Sponsor: Representative James F. Sensenbrenner, Jr.
Vote: Passed House 415 to 4 (RC 501) September 28, 2005. A motion to recommit the bill failed 195 to 226 (RC 500) September 28, 2005.
Cost to the taxpayers: "CBO estimates that implementing H.R. 3402 would cost about $94 billion over the 2006-2010 period. Spending by the four agencies mentioned above (Dept of Justice, FBI, Drug Enforcement Agency, US Attorneys Office and Bureau of Prisons) would account for about $59 billion of that total."
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MORE INFORMATION
TITLE I--AUTHORIZATION OF APPROPRIATIONS
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
TITLE III--MISCELLANEOUS PROVISIONS TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005
TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005
TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE
TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE
TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN THE HOME
TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
TITLE X--SAFETY ON TRIBAL LANDS
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Title I contains authorizations of appropriations for the Department's various programs for fiscal years 2006 through 2009. These authorization levels are based on the FY 2006 authorized amounts in H.R. 3036 (108th Congress) and the President's budget request. For each fiscal year, the authorizations are increased for inflation.
The Committee went beyond the Administration's request for FY 2006 for the Office of the Inspector General, fees and expenses for witnesses, and the administration of the grant program offices including COPS, OJP and VAWA.
TITLE II--IMPROVING THE DEPARTMENT OF JUSTICE'S GRANT PROGRAMS
Title II generally reforms the Justice Department's grant programs, most of which are run through the Office of Justice Programs (`OJP') or the Community Oriented Policing Services (`COPS') Office. The Committee believes that many of the programs that these two offices administer are worthwhile and should be continued. The Committee also believes that the Justice Department has made many administrative reforms in the last several years that have greatly increased the efficiency of these programs. The reforms in H.R. 3402 are intended to build on that progress and should not be interpreted to indicate any lack of support for that work. In fact, most of the measures included in title II originated from a proposal formally submitted to the Congress by the Administration on June 4, 2003.
Title II makes numerous changes to DOJ's various grant programs many of which are relatively minor. Each of these is discussed in the section by section analysis below. The discussion in this section will focus on the most significant of the changes.
1. Merger of Byrne and LLEBG Programs
Section 201 merges the current Byrne Grant Program (both the formula and discretionary aspects) and the Local Law Enforcement Block Grant Programs (LLEBG) into one new Edward Byrne Memorial Justice Assistance Grant Program. This will allow States and local governments to make one application for this money annually for a 4-year term.
The formula for distributing these grants combines elements of the current Byrne and LLEBG formulas. For allocating money to the States, each State automatically receives 0.25 percent of the total. Of the remaining amount, 50 percent is divided up among the States according to population (the method currently used under Byrne) and 50 percent is divided up based on the violent crime rate (the method currently used under LLEBG).
Each State's allocation is then divided among State and locals in the following manner. Sixty percent of the allocation goes to the State. Then, that 60 percent is divided between State and locals based on their relative percentages of overall criminal justice spending within the State. The State keeps its portion of the 60% and gives out the local portion in the State's discretion. This follows how Byrne formula grants are now administered.
The remaining 40 percent of the State's allocation goes directly to the local governments from OJP. Each class of local governments (e.g., cities, counties, townships, etc.) gets a share based on its relative percentage of local criminal justice spending within the State. Within each class, the class's share is divided up between the local governments in that class based on their crime rate. This is similar to how LLEBG grants are now done. The Committee believes it has devised a formula that gives all the recipients an amount that is as close as possible to the amount they would receive under current law.
The bill authorizes $1.095 billion for the combined grant program which represents a 2 percent increase over the amount appropriated for both programs in Fiscal Year 2006 and such sums as may be necessary for 2007-2009. A new feature of the program is that States will be allowed to keep grant funds in interest bearing accounts until spent and then keep the interest. However, all money must be spent during the 4-year grant period. In addition, the new program consolidates the current 28 specific purposes for Byrne grants and 9 specific purposes for LLEBG grants into six broad purposes intended to cover the same ground while giving more flexibility to use the grants constructively.
The Committee believes that these reforms will work to give State and local governments more flexibility to spend money for programs that work for them rather than to impose a `one size fits all' solution. In addition, the reforms should lessen the administrative burden of applying for the grants.
2. Authorization of Weed and Seed Program
In 1991, DOJ established the Executive Office of Weed and Seed by administrative action. This program is a community-based multi agency approach to law enforcement, crime prevention, and neighborhood restoration. It has been successful, but it has never been permanently authorized. Section 211 creates a new Office of Weed and Seed Strategies. This office will replace the current Executive Office of Weed and Seed, and for the first time, this program will have a specific authorization.
3. Overall Management of OJP and COPS
Despite the laudable progress that the Department has made in the last several years, the Committee believes that additional measures are needed to instill a culture of accountability at OJP and COPS. Accordingly, the bill establishes three new offices within OJP: an Office of Audit, Assessment, and Management; a Community Capacity Development Office; and an Office of Applied Law Enforcement Technology. It also contains several other provisions designed to improve the management of OJP and COPS.
Section 248 creates the new Office of Audit, Assessment, and Management within OJP. This office is authorized to audit, exercise corrective actions with respect to, and manage information with respect to, the COPS programs, any grant program carried out by OJP, and any other grant program carried out by DOJ that the Attorney General considers appropriate. This will include establishing and maintaining an automated information management system to track all grants. The Office of Audit, Assessment, and Management will report directly to the Office of the Assistant Attorney General.
This office will address many of the problems that came to light during the Subcommittee on Crime, Terrorism, and Homeland Security's oversight hearings, particularly the lack of monitoring and outcome-based evaluations of OJP programs. This office will also address findings by the Department's Inspector General regarding failures to adequately review grant applications and undertake more aggressive and timely corrective action on audit findings, especially with grantees who do not comply with grant terms. A strategic objective of the Department of Justice for the Office of Justice Programs is to ensure meaningful outcomes, appropriate fiscal management, and accountability. This new office will help the Department achieve those objectives.
The new office will audit grants representing 10 percent of all funds awarded by the programs that it covers each year. Not to exceed 5 percent of the funding for each program that the new office covers shall be reserved to fund the office.
Section 249 creates a new Community Capacity Development Office within OJP. The Office will report directly to the Assistant Attorney General. This office will provide training on a regional and local basis to actual and prospective participants in the COPS programs, any grant program carried out by OJP, and any other grant program carried out by DOJ that the Attorney General considers appropriate. The office will also identify best practices for grantees and incorporate such practices into its training. Not to exceed 5 percent of the funding for each program that the new office covers shall be reserved to fund the office.
Section 250 creates an Office of Applied Law Enforcement Technology headed by a Director appointed by the Attorney General. This office will ensure that grant moneys provided to law enforcement for computer systems will be spent for equipment and software that is of good quality and suitable for its intended purposes. The Director and the Office will provide leadership and focus so grants that are made for use or improvement of law enforcement computer systems ensure that recipients of such grants will use such systems to participate in crime reporting programs administered by the Department. This will correct past practices of little or no coordination between Federal grant funds spent by localities on computer systems and the crime reporting programs authorized by Congress and administered by the Department of Justice.
Section 251 provides that unless otherwise specifically provided by an authorizing statute, money appropriated for grants in fiscal year 2006 and any subsequent fiscal year shall remain available to be awarded and distributed to grantees for the year appropriated and three subsequent fiscal years. If the money is reprogrammed, the time period begins again. It further provides that money distributed to grantees must be spent within the time period provided by the grant. In either case, money not meeting the requirement shall revert to the Treasury. This change will provide an incentive to get grant funds spent for their intended purposes rather than languishing at OJP or at the offices of the grantee.
Section 252 requires the Assistant Attorney General of the Office of Justice Programs to make two significant financial management reforms: (1) consolidate all accounting activities of OJP into a single financial management system under the direct management of the Office of the Comptroller by September 30, 2010, and (2) consolidate all procurement activities of OJP into a single procurement system under the direct management of the Office of Administration by September 30, 2008.
The Assistant Attorney General is required to begin the consolidation of accounting activities under the Office of the Comptroller and the consolidation of procurement activities under the Office of Administration. The Office of Administration is to begin the consolidation of procurement operations and financial management systems into a single financial system.
The Committee believes that these changes in Sections 248-52 form one integrated package of management reforms that will greatly enhance the efficiency of OJP and COPS and help them to achieve their missions.
TITLE III--MISCELLANEOUS PROVISIONS
Title III makes a number of miscellaneous technical changes to statutes involving the Department, in addition to several substantive changes.
Section 304 is intended to ensure that the Justice Department uses the most cost-effective training and meeting facilities for its employees. For any predominantly internal training or conference meeting, it requires the Justice Department to use only a facility that does not require a payment to a private entity for the use of such facility, unless specifically authorized in writing by the Attorney General. It further requires the Attorney General to prepare an annual report to the Chairmen and Ranking Members of the House and Senate Judiciary Committees that details each training or conference meeting requiring authorization. The report must include an explanation of why the facility was chosen and a breakdown of any expenditures incurred in excess of the cost of conducting the training or meeting at a facility that did not require such authorization. The Committee believes that this section will limit the practice of renting private facilities for Department retreats, conferences, meetings, and the like when Federal facilities are available for the same purpose.
Section 305 establishes a statutory privacy officer within the Department. It is intended to ensure that the Department safeguards personally identifiable information and complies with fair information practices pursuant to 5 U.S.C. Sec. 552a. The responsibilities of the privacy officer will include: (1) assuring that the Department's use of technologies does not erode privacy protections relating to the use, collection, and disclosure of personally identifiable information; (2) ensuring that such information is handled in full compliance with fair information practices; (3) evaluating legislative and regulatory proposals concerning the collection, use, and disclosure of such information by the Federal Government; (4) conducting a privacy impact assessment of the Department's proposed rules on the privacy of such information; (5) reporting to Congress on the Department's activities that affect privacy; (6) ensuring that the Department protects such information and its information systems from unauthorized access, use, disclosure, disruption, modification, or destruction; and (7) advising the Attorney General and Director of the Office of Management and Budget on information security and privacy issues pertaining to Federal Government information systems.
Section 306 is intended to ensure the United States Trustee Program (a component of the Justice Department) actively identifies matters warranting criminal referrals and undertakes efforts to prevent bankruptcy fraud and abuse. It requires the Director of the Executive Office for United States Trustees to prepare an annual report to the Congress detailing: (1) the number and types of criminal referrals made by the Program; (2) the outcomes of each criminal referral; (3) any decrease in the number of criminal referrals from the previous year; and (4) the Program's efforts to prevent bankruptcy fraud and abuse, particularly with respect to a debtor's failure to disclose assets.
Section 307 was added by an amendment offered by Representative Adam Schiff. Section 307 requires the Attorney General to submit an annual report to Congress specifying the number of United States persons or residents detained on suspicion of terrorism and specifying the standards developed by the Department of Justice for recommending or determining that a person should be tried as a criminal defendant or should be designated as an enemy combatant.
During the Committee on the Judiciary's markup of H.R. 3036, in the 108th Congress, Members of the Committee agreed in principle to consolidate a variety of programs within the COPS office into one single grant program encompassing all of the grant purposes that these programs currently encompass and allowing grants to be used for law enforcement devoted to homeland security and anti-terrorism efforts. As with the Byrne-LLEBG merger, this consolidation will allow State and local governments more flexibility to spend the money for programs that work in their locality while easing the administrative burden of applying to a different program for each different purpose.
Section 303. Use of Federal Training Facilities
Section 303 is intended to ensure that the Justice Department uses the most cost-effective training and meeting facilities for its employees. For any predominantly internal training or conference meeting, subsection (a) requires the Justice Department to use only a facility that does not require a payment to a private entity for the use of such facility, unless specifically authorized in writing by the Attorney General. Subsection (b) requires the Attorney General to prepare an annual report to the Chairmen and Ranking Members of the House and Senate Judiciary Committees that details each training or conference meeting requiring authorization under subsection (a). The report must include an explanation of why the facility was chosen and a breakdown of any expenditures incurred in excess of the cost of conducting the training or meeting at a facility that did not require such authorization.
Section 304. Privacy Officer
Section 304 is intended to ensure that the Justice Department safeguards personally identifiable information and complies with fair information practices pursuant to 5 U.S.C. Sec. 552a. Subsection (a) requires the Attorney General to designate a senior official with primary responsibility for privacy policy. Subsection (b) specifies that the responsibilities of such official include: (1) assuring that the Department's use of technologies does not erode privacy protections relating to the use, collection, and disclosure of personally identifiable information; (2) ensuring that such information is handled in full compliance with fair information practices; (3) evaluating legislative and regulatory proposals concerning the collection, use, and disclosure of such information by the Federal Government; (4) conducting a privacy impact assessment of the Department's proposed rules on the privacy of such information; (5) reporting to Congress on the Department's activities that affect privacy; (6) ensuring that the Department protects such information and its information systems from unauthorized access, use, disclosure, disruption, modification, or destruction; and (7) advising the Attorney General and Director of the Office of Management and Budget on information security and privacy issues pertaining to Federal Government information systems. Subsection (c) requires the Justice Department to review its policies to assure that it treats personally identifiable information in its databases in a manner that complies with applicable Federal law pertaining to privacy.
Section 305. Bankruptcy Crimes
Section 305 is intended to ensure the United States Trustee Program (a component of the Justice Department) actively identifies matters warranting criminal referrals and undertakes efforts to prevent bankruptcy fraud and abuse. It requires the Director of the Executive Office for United States Trustees to prepare an annual report to the Congress detailing: (1) the number and types of criminal referrals made by the Program; (2) the outcomes of each criminal referral; (3) any decrease in the number of criminal referrals from the previous year; and (4) the Program's efforts to prevent bankruptcy fraud and abuse, particularly with respect to a debtor's failure to disclose assets.
Section 306. Report to Congress on Status of United States Persons or Residents Detained on Suspicion of Terrorism
Section 306 was added by an amendment offered by Representative Schiff and adopted by the Committee. Section 306 requires the Attorney General to submit an annual report to Congress specifying the number of United States persons or residents detained on suspicion of terrorism.
Section 307. Increased Penalties and Expanded Jurisdiction for Sexual Abuse Offenses in Correctional Facilities
This section provides for increased penalties under title 18 for any personnel in a correctional facility that sexually abuses an individual in the custody of the Bureau of Prisons.
Section 308. Expanded Jurisdiction for Contraband Offenses in Correctional Facilities
This section expands the prohibition and penalties in title 18 for bringing contraband into a prison to include any detention facility or institution under the direction of the Attorney General.
Section 309. Magistrate Judge's Authority to Continue a Preliminary Hearing
This section amends current law to make it clear that either a district judge or a magistrate judge may extend the time limits for a preliminary hearing. It maintains the requirement that such extension may be only upon a showing of extraordinary circumstances and that justice requires delay.
Section 310. Technical Corrections Relating to Steroids
This section makes technical corrections to the names of two chemicals which were included in the `Anabolic Steroid Control Act of 2004.'
Section 311. Prison Rape Commission Extension
This section extends the time period for the Prison Rape Commission to provide a report to Congress on its findings.
Section 312. Longer Statute of Limitations for Human-Trafficking Related Offenses
This section extends the statute of limitations for human trafficking related offenses under title 18.
Section 313. Use of Center for Criminal Justice Technology
This section authorizes the Attorney general to make grants to the Center for Criminal Justice Technology to provide technology assistance and expertise to the criminal justice community.
Section 314. SEARCH Grants
This section authorizes the Attorney General to make grants to the National Consortium for Justice Information and Statistics to carry out the operations of the National Technical Assistance and Training Program.
Section 315. Reauthorization of the Law Enforcement Tribute Act
This section extends the authorization until FY 2009 for the Law Enforcement Tribute Act, which authorizes the Department of Justice to give grants to State and local governments for building memorials to law enforcement.
Section 316. Amendment regarding bullying and gangs
This section would amend the Juvenile Accountability Block Grants program to allow funds to be used to address bullying prevention in schools.
Section 317. Transfer of provisions relating to the Bureau of Alcohol, Tobacco, Firearms and Explosives
This section transfers the authorization of the Bureau of Alcohol, Tobacco, Firearms and Explosives out of title 6 into title 28.
Section 318. Reauthorize the gang resistance education and training projects program
This section reauthorizes the Gang Resistance Education and Training Projects Program from FY 2006 through FY 2010.
Section 319. National Training Center
This section authorizes the Attorney General to use the services of the National Training Center in Sioux City, IA to continue to provide comprehensive training to communities and criminal justice agencies to address the growing threat from methamphetamine production, trafficking and use.
Section 320. Sense of Congress relating to `good time' release
This section states that it is the sense of Congress that we should study `good-time' release programs for nonviolent Federal offenders.
Section 321. Police badges
This section amends the title 18 prohibition on use of a false badge to limit the defenses available to someone for using a counterfeit badge to use in a dramatic production or for a legitimate law enforcement purpose.
Section 322. Officially approved postage
This section amends title 18 to prevent prosecutions of individuals who create postage stamps with the approval of the United States Postal Service.
TITLE IV--VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2005
The VAWA was first enacted in 1994, and was reauthorized in 2000. The authorization for many of VAWA programs is set to expire on September 30, 2005. Titles IV through title X reauthorize and improve core programs until FY 2010 to address domestic violence, dating violence, sexual assault, and stalking. These titles also establish new programs to address missing elements in the fight against violence such as training for court personnel, training of school personnel, and utilization of community-based approaches.
Section 401. Short title
This section establishes the short title for titles IV-X of this legislation.
Section 402. Definitions and Requirements for Programs
The Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting before section 2001 (42 U.S.C. 3796gg) the following new sections:
Sec. 2000A. Clarification that Programs Relating to Violence Against Women are Gender Neutral
Specifies that any grants or other activities for assistance to victims of domestic violence, dating violence, stalking, sexual assault or trafficking in persons shall be construed to cover both male and female victims.
Sec. 2000B. Definitions that Apply to Any Provision Carried Out by the Violence Against Women Office
This section provides definitions for programs carried out by the Office of Violence Against Women.
Sec. 2000C. Requirements that Apply to Any Grant Program Carried Out by the Violence Against Women Office
This section specifies privacy protections, approved activities, non-supplantation, use of funds, evaluation, prohibition on lobbying, and prohibition on tort litigation.
Congress recognizes the importance of ensuring that grantees and subgrantees of VAWA programs utilize funding effectively. The past 10 years have shown that both comprehensive technical assistance and targeted technical assistance and training for grantees have been extremely useful. In addition, local grantees and subgrantees have been very helpful in developing best practices in the work of their community partners in social services and the justice system. Peer to peer cross-training has improved system responses throughout the country. Educating existing grantees and new grantees about the scope and changes in the laws regarding domestic violence, dating violence, sexual assault, and stalking is crucial to ensuring efficient and consistent service delivery. It is important that any technical assistance and training model implemented under VAWA grant programs should anticipate, rather than simply respond to grantees' and subgrantees' questions. Good technical assistance and training for VAWA grantees and subgrantees includes offering proactive solutions, regular training, implementation guidance, and best practices.
TITLE V--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE
Section 501. STOP Grants Improvements
This section reauthorizes and makes modifications to the STOP grant program, which provides State formula grants that bring police and prosecutors in close collaboration with victim services for racial and ethnic minorities and ensures victim confidentiality. It also conditions receiving grants on the grantee not making available publicly on the Internet information regarding protection or restraining orders or injunctions. This section mandates that law enforcement officials who wish to receive grants under this program cannot mandate a polygraph test as a requirement for proceeding with an investigation or arrest. This section eliminates the matching requirements for small law enforcement agencies and victim service providers with an annual operating budget under $5 million.
Section 502. Grants to Encourage Arrest and Enforce Protection Orders Improvements
This section reauthorizes this program, which was adopted in the Violence Against Women Act of 1994. States and localities use this funding to develop and strengthen programs and policies that encourage police officers to arrest abusers who commit acts of violence or violate protection orders. This section includes modifications to this program to provide technical assistance to improve tracking of cases in a manner that preserves confidentiality and privacy protections for victims. Modifications to this program were made by this section to encourage victim service programs to collaborate with law enforcement to assist pro-arrest and protection order enforcement policies. In addition, this section authorizes family justice centers and extends pro-arrest policies to sexual assault cases.
Section 503. Legal Assistance for Victims Improvements
This section reauthorizes the grant program for legal services for protection orders and family, criminal, immigration, administrative agency, and housing matters. It allows victims of domestic violence, dating violence, stalking, and sexual assault to obtain access to trained attorneys and lay advocacy services, particularly pro bono legal services, when they require legal assistance as a consequence of violence. The program has been expanded to provide services to both adult and youth victims.
Section 504. Court training and improvements
This section authorizes a training program to educate the courts and court-related personnel in the areas of domestic violence, dating violence, sexual abuse and stalking. This section also authorizes one or more grants to create general curricula for State and tribal judiciaries to use when educating in the areas of domestic violence, dating violence, sexual assault and stalking in order to ensure that all States have access to consistent and appropriate information. Finally, it creates a program to improve court access for teens.
Section 505. Full faith and Credit Improvements
This section makes technical amendments to the criminal code to clarify that courts should enforce the protection orders (to both adult and minor victims) issued by civil and criminal courts in other jurisdictions.
Section 506. Privacy Protections for Victims of Domestic Violence, Dating Violence, Sexual Violence, and Stalking
This section establishes a task force to compose a best practices model on protecting privacy and authorizes the Attorney General to perform a demonstration project to implement the best practices model.
Section 507. Stalker Database
This section reauthorizes the stalker database for each fiscal year 2006 through 2010.
Section 508. Victim Assistants for District of Columbia
This section authorizes $ 1 million for fiscal year 2006 through 2010 for victim advocates for the prosecution of sex crimes and domestic crimes where applicable.
Section 509. Preventing Cyberstalking
This section amends title 18 to prevent stalking over the Internet by allowing Federal prosecutors more discretion in charging stalking cases that occur entirely over the Internet.
Section 510. Repeat Offender Provision
This section amends title 18 to permit doubling the applicable penalty for repeat Federal domestic violence offenders.
Section 511. Prohibiting Dating Violence
This section amends the existing definition of domestic violence to include dating violence.
Section 512. GAO Study and Report
This section directs the General Accounting Office to study the extent to which men, women, youth, and children are victims of violence and the availability of services to address the needs of these individual groups.
TITLE VI--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Section 601. Technical amendment to Violence Against Women Act
This section specifies that funds appropriated under this part may only be used for programs specified in the part.
Section 602. Sexual Assault Services Program
This section creates a separate and direct funding stream dedicated to sexual assault services for each fiscal year 2006 through 2010.
Section 603. Amendments to the Rural Domestic Violence and Child Abuse Enforcement Assistance Program
This section reauthorizes and expands the existing education, training and services grant programs that address violence against women in rural areas.
Section 604. Assistance for Victims of Abuse
This section consolidates programs to provides services for victims of abuse who are elderly or disabled, including programs to provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault.
Section 605. GAO Study of National Domestic Violence Hotline.
This section requires the GAO to perform a study of the National Domestic Violence Hotline to determine the effectiveness of the Hotline.
Section 606. Grants for Outreach to Underserved Populations.
This section authorizes $2 million for fiscal year 2006 through 2010 to provide grants to carry out public information campaigns focused on addressing adult or minor domestic violence, dating violence, sexual assault, stalking or trafficking within tribal, racial, and ethnic populations and immigrant communities.
TITLE VII--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE
Section 701. Services and Justice for Young Victims of Violence
This section establishes two grant programs to assist children and youth (between the ages of 12 and 24) who witness domestic violence in the home or are victims of domestic violence, dating violence, sexual assault or stalking. The first grant program would establish collaboration between law enforcement, the courts and child welfare agencies to enhance community responses to domestic violence and the effects on children. The second program includes grants to assist youth who are victims of domestic violence, dating violence, sexual assault and stalking.
Section 702. Grants to Combat Violent Crimes on Campuses
This section reauthorizes a program administered by the Department of Justice to provide grants to colleges and universities to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault and stalking.
Section 703. Safe Havens
This section improves and reauthorizes the Safe Havens program, which currently is authorized to provide a safe place for exchange of children in custody situation where there is domestic violence. This section improves the program by clearly authorizing the program to provide services to ensure the safety of parents and prevent the children from witnessing domestic violence.
Section 704. Grants to Combat Domestic Violence, Dating Violence, Sexual Assault and Stalking in Middle and High Schools
This section authorizes grants to train school personnel to recognize signs of violence in middle school and high school and establish policies for intervention.
TITLE VIII--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN THE HOME
Section 801. Preventing Violence in the Home
This section would authorize programs for mentoring, advocacy and counseling for young victims of domestic violence and training for and coordination for programs that serve children and youth. Grants to communities to establish alliances between men, women and youth to prevent domestic violence, dating, violence, sexual assault and stalking are also included in this section. This section authorizes $5 million to establish a program to train home visitation providers in recognizing signs of domestic violence.
TITLE IX--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
Section 900. Short Title of Title; References to VAWA-2000; Regulations
This section requires that regulations implementing both this Act (including materials and dissemination under section 922) and the Act reauthorizing the Violence Against Women Act in 2000 (`VAWA 2000'), be issued within 180 days of this Act's enactment. In applying such regulations, in the case of petitions or applications affected by the changes made by the Acts, there shall be no requirement to submit an additional petition, application, or certification from a law enforcement agency with the date of the application for interim relief establishing the priority date of counting time towards adjustment of status. However, the Department of Homeland Security may request additional evidence be submitted when the documentation supporting an outstanding VAWA self-petition or justifying interim relief is now insufficient.
Section 901. Conditions Applicable to U and T Visas.
U visas are available to victims of certain crimes who cooperate with law enforcement in investigations and/or prosecutions. T visas are available to the victims of trafficking who cooperate with law enforcement in investigations and/or prosecutions. Certain family members of T visa recipients can also receive T visas.
Section 901(a) provides that certain family members and trafficking victims can receive T visas without having to first show that the visas are necessary to avoid `extreme hardship.'
Section 901(b) provides that T and U visas shall be issued for 4 years and may be extended under certain conditions. This provides victims who qualify for permanent residence sufficient time to file before their visas expire. An extension shall be granted upon certification from a government official that the victim's presence is required to assist a criminal investigation or prosecution, or to give the Bureau of Citizenship and Immigration Services (`CIS') time to adjudicate the petitions for permanent residence and for adjustment of status to permanent residence.
Section 901(c) provides that aliens in the U.S. on K (fiance or spouse) and S (informant) visas, or pursuant to the visa waiver program, are not prohibited from qualifying for T and U visa status. Aliens who came to the U.S. on J visas to receive graduate medical training, and aliens who are subject to the 2-year foreign residence requirement, may also qualify for T and U status.
Section 901(d) provides that aliens can qualify for T status if they respond to and cooperate with requests for evidence and information from law enforcement officials. It also permits State and local law enforcement officials investigating or prosecuting trafficking-related crimes to file a request (and certification) asking DHS to grant continued presence to trafficking victims.
Section 902. Clarification of Basis for Relief Under Hardship Waivers for Conditional Permanent Residence
The Secretary of Homeland Security can remove the conditional status of an alien who became a permanent resident, as the spouse of a U.S. citizen or permanent resident without the joint filing of a petition with the U.S. citizen or permanent resident spouse, upon the showing of hardship, battery, or certain other factors. This section provides that an application for such relief may be amended to change the ground or grounds for such relief without having to be resubmitted. The ability in current law to file hardship waivers while outside of the United States will not be available to applicants who have a final removal order in effect that was issued after the alien was granted conditional residency.
Section 903. Adjustment of Status for Victims of Trafficking
The Secretary of Homeland Security can adjust the status of a T visa recipient to that of a permanent resident after 3 years of physical presence in the U.S. under a T visa or after being granted `continued presence' by Federal law enforcement officials.
Section 903(a) provides that for aliens who have been granted both a T visa and continued presence, the required 3-year period may be counted by starting from the earlier of either the date on which an alien was granted continued presence by DHS, or the date on which the T visa was granted. In addition, the Secretary may waive or reduce the required 3-year period if the Federal, State, or local law enforcement official investigating or prosecuting the relevant trafficking has no objection. An alien seeking to adjust status must be of good moral character through the 3-year period.
Section 903(b) provides that the Secretary may waive a factor that would otherwise disqualify the alien from being considered to have good moral character if there is a connection between the disqualifying factor and the trafficking of the alien. The Committee recognizes that DHS has issued policy memoranda defining `connection' in two other VAWA related contexts. See USCIS Interoffice Memorandum HQOPRD 70/8.1/8.2, January 19, 2005, from Paul E. Novak to William R Yates and INS Memorandum HQADN/70/8, January 2, 2002, from Michael A. Pearson to Stuart Anderson. The Committee encourages the Department of Homeland Security to use standards and analysis similar to those described in these memos when defining the term `connection' for the purposes of this section, sections 917, 919, 932, and 935 of this Act, and other VAWA-related provisions of the Immigration and Nationality Act (`INA').
Section 903(c) provides that the Secretary must, as part of an already required annual report, include statistics regarding the number of law enforcement officials who have been trained in the identification and protection of trafficking victims and their eligibility for T visas.
Section 911. Definition of VAWA Petitioner
This section defines a `VAWA petitioner' as an alien who has applied for classification or relief under a number of provisions of the INA, including those who have filed self-petitions for permanent residence as the battered spouses and children of U.S. citizens and permanent residents and, pursuant to this bill, as the battered parents of U.S. citizens. Also included in this definition are applicants for certain benefits under the Cuban Adjustment Act, the Haitian Refugee Immigrant Fairness Act (`HRIFA'), and the Nicaraguan Adjustment and Central American Relief Act (`NACARA').
In 1997, the Immigration and Naturalization Service consolidated adjudication of VAWA self-petitions and VAWA-related cases in one specially trained unit that adjudicates all VAWA immigration cases nationally. The unit was created `to ensure sensitive and expeditious processing of the petitions filed by this class of at-risk applicants . . .', to `[engender] uniformity in the adjudication of all applications of this type' and to `[enhance] the Service's ability to be more responsive to inquiries from applicants, their representatives, and benefit granting agencies.' See 62 Fed. Reg. 16607-16608 (1997). T visa and U visa adjudications were also consolidated in the specially trained VAWA unit. See, USCIS Interoffice Memorandum HQINV 50/1, August 30, 2001, from Michael D. Cronin to Michael A. Pearson, 67 Fed. Reg. 4784 (Jan. 31, 2002).
Consistent with these procedures, the Committee recommends that the same specially trained unit that adjudicates VAWA self-petitions, T and U visa applications, process the full range of adjudications, adjustments, and employment authorizations related to VAWA cases (including derivative beneficiaries) filed with DHS: VAWA petitions T and U visas, VAWA Cuban, VAWA NACARA (Sec. 202 or 203), and VAWA HRIFA petitions, 214(c)(15)(work authorization under section 933 of this Act), battered spouse waiver adjudications under 216(c)(4)(C) and (D), applications for parole of VAWA petitioners and their children, and applications for children of victims who have received VAWA cancellation.
Section 912. Self-Petitioning for Children
This section ensures that immigrant children who are victims of incest and child abuse get full access to VAWA protections. Additionally, this section extends Child Status Protection Act relief to children who qualify for VAWA immigration relief.
Section 912(a) provides that the minor child of a U.S. citizen or permanent resident may self-petition for permanent residence if the abusive parent has died or otherwise terminated the parent-child relationship within the past 2 years (or, if later, 2 years after the date the child attains the age of 18). Also, the alien spouse of a permanent resident may self-petition for permanent residence if the abusive permanent resident spouse died within the past 2 years.
Section 912(b) provides protections that prevent children from `aging out' of access to VAWA relief. The section guarantees that child self-petitioners, who are abused by citizen parents, will continue to be treated as immediate relatives (or as petitioners for preference status if subsequently married) if they turn 21 during the processing of their petitions. Child self-petitioners who are abused by permanent resident parents will be treated as applicants for `2A' preference status as the minor children of a permanent resident, if they turn 21 during the processing of their petitions.
Section 912(c) provides that the application for adjustment of status to permanent residence of an alien who self-petitioned for permanent residence shall also serve as an adjustment application for any derivative children. Derivative children of self-petitioners will receive lawful permanent residency along with their self-petitioning parents.
Section 912(d) provides that alien child abuse and incest victims who would have qualified to self-petition as the minor children of U.S. citizens or permanent residents can file the petition until the aliens attain the age of 25. This allows child abuse victims time to escape their abusive homes, secure their safety, access services and support that they may need, and address the trauma of their abuse.
Section 913. Self-Petitioning Parents
This section extends the ability to self-petition to the parent of an adult U.S. citizen who resides or has resided with the U.S. citizen son or daughter, if the alien demonstrates that he or she has been battered by, or has been the subject of extreme cruelty perpetrated by, their U.S. citizen son or daughter.
Section 914. Promoting Consistency in VAWA Adjudications
This section promotes consistency in VAWA adjudications by making technical corrections that replace references to `domestic violence' with references to `battery or extreme cruelty,' the domestic abuse definition codified in the Violence Against Women Act of 1994 (`VAWA 1994'), the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (`IIRIRA') and regulations implementing the battered spouse waiver.
Section 915. Relief for Certain Victims Pending Actions on Petitions and Applications for Relief
Section 915(a)(1) provides that the Secretary of Homeland Security may grant deferred action to an alien who has filed a prima facie valid petition as a VAWA petitioner, or for T or U visa status, during the pendency of the application. The current practice of granting deferred action to approved VAWA self petitioners shall continue. Aliens with deferred action status shall not be removed or deported. Prima facie determinations and deferred action grants called for in this section shall be made by the specially trained unit of immigration benefits adjudicators (currently at CIS) responsible for adjudicating VAWA petitions. These immigration benefits adjudicators (CIS) have authority to grant deferred action status in VAWA cases for the Department of Homeland Security. Immigration enforcement officials (currently at the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Immigration Enforcement) are not authorized to revoke deferred action, but may ask the specially trained CIS unit to review a case and determine whether or not to revoke a deferred action grant. Only the Secretary of Homeland Security (or a delegated official but only if that official has management authority over both the immigration services and immigration enforcement functions) may overrule a CIS grant of deferred action to an alien victim. Immigration enforcement officers should refer aliens they encounter who may qualify for relief under this Act to immigration benefits adjudicators handling VAWA cases at CIS.
This Committee encourages the Secretary of DHS to (a) develop a training program for trial attorneys and other DHS staff who regularly encounter alien victims of crimes, and (b) craft and implement policies and protocols on appropriate handling by DHS officers of cases under VAWA 1994, the Acts subsequently reauthorizing VAWA, and IIRIRA.
Section 915(a)(2) aims to discourage detention of aliens whom VAWA offers immigration relief. This section requires that an alien whose application as a VAWA petitioner or for T or U visa status has been approved may not be detained unless detention is required for terrorist activity or certain criminal activity.
Section 915(a)(3) provides that an alien whose petition as a VAWA petitioner or for T status has been approved shall be granted work authorization. U visa applicants are provided work authorization under existing law.
Section 915(b) provides that an alien who has filed a prima facie application for cancellation of removal as a battered alien shall not be removed or deported during the pendency of the application.
Under current law DHS has the discretionary authority to consent to the readmission of a previously removed alien (using the existing I-212 process). The protection VAWA offers immigrant victims of domestic violence, sexual assault and trafficking is undermined when otherwise qualified victims are cut off from VAWA benefits because of a prior removal from the United States. The victims, should they return to the U.S. without authorization, become subject to reinstatement of removal. This Committee encourages DHS to make use of its discretion in granting readmission to appropriately assist aliens with humanitarian cases including but not limited to, victims of domestic violence, sexual assault, victims of trafficking and crime victims who are cooperating in criminal investigations.
Section 916. Access to VAWA Protection Regardless of Manner of Entry
Section 916 has been designed to address Congress' concerns about U.S. citizen abusers who use the K visa process to petition for aliens outside the United States and abuse them. This section protects these abused aliens by allowing them to self-petition for permanent residence as well as making them eligible for VAWA cancellation of removal and VAWA suspension of deportation. The section also works in conjunction with section 922 to prevent further abuse by instituting measures to distribute information that can help the K visa recipients learn about domestic violence protections available to them in the United States. It also provides them specific information about their U.S. citizen petitioners' criminal conviction history. Additionally, this section limits the ability of abusive U.S. citizens to repeatedly petition for K visas for aliens outside the U.S.
Section 916(a) provides that an alien may self-petition as, or in the same manner as, the spouse of a U.S. citizen if the alien entered the U.S. under a K visa with the intent to enter into a valid marriage and the alien (or the alien's child) was battered or subject to extreme cruelty in the U.S. by the U.S. citizen who filed the K visa petition. Also, such an alien does not have to depart within 3 months if the marriage does not occur.
Section 916(b) provides that a VAWA petitioner and a K visa recipient who seeks adjustment of status to that of permanent residence on the basis of an approved petition as a VAWA petitioner does not have to first go through 2 years of conditional permanent residence. Also, an alien who entered under a K visa with the intent to enter into a valid marriage and the alien (or child) was battered or subject to extreme cruelty in the U.S. by the U.S. citizen who filed the K visa petition is eligible for cancellation of removal as a battered alien if the alien meets the other requirements for cancellation.
The Committee seeks to deter filing of K visa applications by U.S. citizens with histories of domestic violence, sexual assaults, and child abuse, by requiring full disclosure to K visa recipients of information on any criminal convictions for these offenses by their petitioners. Section 916(c) provides that a U.S. citizen filing a petition for an alien for a K visa must include information on any criminal convictions for domestic violence, sexual assault, or child abuse. Following current practice, this information will be provided under penalty of perjury. See e.g., Form I-130 (Rev. 06/05/02) (requiring petitioner to `certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.').
A consular officer may not approve a petition without verifying that the petitioner has not previously petitioned for more than two aliens applying for K visas. If the petitioner has had such a petition previously approved, the consular officer must verify that 2 years have elapsed since the filing of the previous petition. The Secretary of Homeland Security may grant waivers of the 2-year waiting period or the limit on filing more than two petitions. The waivers included here were designed to give DHS the discretion to waive both the time and number limitations when K visa applications are filed by non-abusive U.S. citizens. Such waivers may be appropriate, for example, for non-abusive U.S. citizens who live abroad and may be more likely to marry foreign spouses, or in cases of unusual circumstances, such as the sudden death of an alien approved for a prior K visa.
Section 916(d) provides that an alien who was the spouse or minor child of an alien granted asylum at the time of the granting of asylum, and who (or whose child) was battered or the subject of extreme cruelty by the asylee, is eligible for adjustment of status although they may have divorced or separated from the asylee.
Under current law, visa waiver entrants who are placed in removal proceedings are precluded from obtaining relief from removal, other than asylum. Section 916(e) guarantees access to VAWA relief for entrants under the visa waiver program by allowing those placed in removal proceedings to seek VAWA adjustment of status, VAWA cancellation of removal, VAWA self-petition, VAWA suspension of deportation and T and U visas.
Section 916(f) provides that an alien who has failed to meet the 2-year return requirement of a J visa may still file a petition as a VAWA petitioner, or for a T or U visa.
Section 917. Eliminating Abusers' Control Over Applications for Adjustments of Status
VAWA 2000 created routes to lawful permanent residence for abused spouses and children of primary applicants under various nationality-based immigration laws. Section 917 assures that a family members' eligibility for status will hinge neither on an abuser's filing status, nor on an ongoing relationship with or marriage to the abuser in order to eliminate an abuser's control over the abused family member. See section 936 for further amendments regarding the motions to reopen removal proceedings for battered aliens under VAWA.
Section 917(a) and (b) provide that the motions to reopen for abused aliens apply to all VAWA petitioners, VAWA cancellation of removal applicants and to those seeking adjustment of status in proceedings.
Section 917(c) allows abused spouses and children eligible for legal immigration status as Nicaraguans or Cubans under NACARA to apply for such status, even if the abuser did not apply for status and even through the deadline for filing has past.
Section 917(d) provides that an alien who was the spouse of a Cuban eligible for adjustment under the Cuban Adjustment Act shall continue to be treated as such a spouse for 2 years after the date on which the Cuban dies, or for 2 years after the date of termination of the marriage, if the alien demonstrates a connection between the termination of the marriage and being battered or subject to extreme cruelty by the Cuban.
Section 917(e) provides that if an alien abuser was eligible for status under HRIFA, but did not apply for status, the alien's abused spouse or children at the time may now apply for legal immigration status on their own.
Section 917(f) allows abused spouses and children to file their own suspension of deportation applications under NACARA if they were abused by a Guatemalan, Salvadoran or Eastern European abuser who was eligible for suspension of deportation under pre-1996 rules pursuant to NACARA. Abused spouses and children are also allowed to file motions to reopen their prior removal or deportation case using VAWA.
Section 917(g) provides that an individual who was a VAWA petitioner, or had a T or U visa, may not file an immigrant or nonimmigrant petition for the person who committed the battery or extreme cruelty or trafficking against the individual which established the individual's eligibility as a VAWA petitioner, or for T or U status.
Section 918. Parole for VAWA Petitioners and for Derivatives of Trafficking Victims
VAWA 2000 allowed victims of domestic violence abused by U.S. citizen and lawful permanent resident spouses to file VAWA self-petitions from outside of the U.S. if they had been abused in the U.S. or if their abuser was a member of the uniformed services or a government employee. Modeled after the VAWA 2000 protection offered to children on VAWA cancellation of removal grantees, section 918 assures that VAWA petitioners, their derivative children and children of trafficking victims, can enter the U.S. by requiring the Secretary of Homeland Security to grant parole to:
Ìa VAWA petitioner whose petition was approved based on having been battered or subject to extreme cruelty by a U.S. citizen spouse, parent, or child and who is admissible and eligible for an immigrant visa;
Ìa VAWA petitioner whose petition was approved based on having been battered or subject to extreme cruelty by a permanent resident spouse or parent, who is admissible and who would be eligible for an immigrant visa but for the fact that an immigrant visa is not immediately available, if at least 3 years have elapsed since the alien's priority date; and
Ìan alien who the Secretary of State determines would, but for an application or approval, meet the conditions for approval for a T visa as a family member of the trafficking victim.
When a VAWA petitioner's abuser is a permanent resident spouse or parent, the 3 year waiting period for the petitioner and any derivative children will be calculated based on the priority date assigned to the VAWA petition under 8 C.F.R. Sec. 204.2(h)(2).
Section 919. Exemption of Victims of Domestic Violence, Sexual Assault and Trafficking from Sanctions for Failure to Depart Voluntarily
Section 919 provides that an alien who is a VAWA petitioner, or is seeking a T or U visa, or is seeking cancellation of removal or VAWA suspension as a battered alien is not subject to the penalties for failing to depart after agreeing to a voluntary departure order, if there is a connection between the failure to depart and the battery or extreme cruelty, trafficking, or criminal activity making them eligible to seek such status. As discussed in section 903, the Committee encourages the DHS to define `connection' for purposes of this section using similar standards and analysis to those described in the two policy memoranda cited in section 903.
Section 920. Clarification of Access to Naturalization for Victims of Domestic Violence
Section 920 provides that any alien who was subject to battery or extreme cruelty by a U.S. citizen spouse or parent may naturalize after 3 years as a permanent resident, regardless of whether the lawful permanent resident status was obtained on the basis of such battery or cruelty. This section prevents alien domestic violence victims from being forced by naturalization laws to remain in abusive marriages or to wait two additional years to file for naturalization. It allows victims the same access to 3-year naturalization they would have if their U.S. citizen spouse did not abuse them.
Section 921. Prohibition of Adverse Determinations of Admissibility or Deportability Based on Protected Information
In 1996, Congress created special protections for victims of domestic violence against disclosure of information to their abusers and the use of information provided by abusers in removal proceedings. In 2000, and in this Act, Congress extended these protections to cover victims of trafficking, certain crimes and others who qualify for VAWA immigration relief. These provisions are designed to ensure that abusers and criminals cannot use the immigration system against their victims. Examples include abusers using DHS to obtain information about their victims, including the existence of a VAWA immigration petition, interfering with or undermining their victims' immigration cases, and encouraging immigration enforcement officers to pursue removal actions against their victims.
This Committee wants to ensure that immigration enforcement agents and government officials covered by this section do not initiate contact with abusers, call abusers as witnesses or relying on information furnished by or derived from abusers to apprehend, detain and attempt to remove victims of domestic violence, sexual assault and trafficking, as prohibited by section 384 of IIRIRA. In determining whether a person furnishing information is a prohibited source, primary evidence should include, but not be limited to, court records, government databases, affidavits from law enforcement officials, and previous decisions by DHS or Department of Justice personnel. Other credible evidence must also be considered. Government officials are encouraged to consult with the specially trained VAWA unit in making determinations under the special `any credible evidence' standard.
Section 921(a) and (b) provide that the Secretary of Homeland Security and the Attorney General and other Federal officials may not use information furnished by, or derived from information provided solely by, an abuser, crime perpetrator or trafficker to make an adverse determination of admissibility or removal of an alien. However, information in the public record and government data bases can be relied upon, even if government officials first became aware of it through an abuser.
Section 921(c) provides that this provision shall not apply to prevent information from being disclosed, in a manner that protects victim confidentiality and safety, to the chairs and Ranking Members of the House and Senate Judiciary Committees, including the Immigration Subcommittees, in the exercise of their oversight authority.
Section 921(d) provides that in the case of an alien applying for relief as a special immigrant juvenile who has been abused, neglected, or abandoned, the government may not contact the alleged abuser.
Section 921(e) provides that investigation and enforcement of these provisions shall be by the Office of Professional Responsibility of the Justice Department.
Section 921(f) establishes a system to verify that removal proceedings are not based on information prohibited by section 384 of IIRIRA. DHS must certify that:
Ì(1) no enforcement action was taken leading to such proceedings against an alien at certain places including a domestic violence shelter, a rape crisis center, and a courthouse if the alien is appearing in connection with a protection order or child custody case, or that
Ì(2) such an enforcement action was taken, but that there was no violation of the aforementioned provisions. Persons who knowingly make a false certification shall be subject to penalties.
Removal proceedings filed in violation of section 384 of IIRIRA shall be dismissed. However, further proceedings can be brought if not in violation of section 384.
Section 922. Information for K Nonimmigrants About Legal Rights and Resources for Immigrant Victims of Domestic Violence
Section 922 contains provisions designed to allow K visa applicants to make informed decisions about their marriage to a U.S. citizen and have information about how to gain help if they experience battering or extreme cruelty at the hands of their U.S. citizen spouse or fiance. This section provides that the Secretary of Homeland Security shall consult with non-governmental organizations with expertise on the legal rights of immigrant victims and the Departments of Justice and State to develop consistent and accurate materials, including an information pamphlet, on legal rights and resources for immigrant victims of domestic violence for dissemination to applicants for K visas. The following materials will be mailed to K visa applicants with an instruction packet regarding the visa process: the information pamphlet; a copy of the K visa application (including information about criminal convictions of the U.S. citizen sponsor for domestic violence, sexual assault and child abuse as provided for in section 916); and any information that DHS possesses about the petitioner who filed the K visa (e.g. from IBIS (the Interagency Border Inspection System), National Crime Information Center, or Federal and State domestic violence databases) regarding convictions for crime(s) of violence as defined in 18 U.S.C. sec. 16, any similar State conviction, or any domestic violence adjudication. Information from the pamphlet and regarding convictions will be orally transmitted by consular officers at the applicant's interview. It is the intent of Congress that this section does not create an actionable ground for lawsuits against DHS or other any government agency. In implementing this section, consistent with and under the requirements of Section 900(c) of this Act, the Secretary of Homeland Security shall develop and put in use the information, materials and distribution mechanism described in section 922(a) through (e) not later than 180 days from enactment.
Section 923. Authorization of Appropriations
This section authorizes appropriations of such sums as may be necessary for the Department of Homeland Security's specially trained unit to adjudicate applications, adjustments, and employment authorizations related to VAWA cases (primary or derivative) filed with DHS.
Section 931. Removing 2 Year Custody and Residence Requirement for Battered Adopted Children
Section 931 provides that an adopted alien qualifies as a child for immigration purposes, despite not having been in the legal custody of, or having resided with, the adopting parent for at least 2 years, if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household. This section, consistent with VAWA's protective purpose, ensures that child abuse victims are not required to suffer abuse or risk losing immigration benefits they would otherwise receive if they had not been subjected to child abuse.
Section 932. Waiver of Certain Grounds of Inadmissibility for VAWA Petitioners
Section 932(a) provides that the Secretary of Homeland Security may waive the ground of inadmissibility for falsely claiming to be a U.S. citizen in the case of a VAWA petitioner who demonstrates a connection between the false claim and the alien's being subjected to battery or extreme cruelty. As discussed in section 903, the Committee encourages the Department of Homeland Security to define `connection' for purposes of this section using the standards and analysis described in the previously cited policy memoranda.
Section 932(b) provides that the public charge ground of inadmissibility shall not apply to a VAWA petitioner or a qualified alien described in the Personal Responsibility and Work Opportunity Reconciliation Act.
Section 933. Employment Authorization for Battered Spouses of Certain Nonimmigrants
Section 933 provides that an alien spouse admitted under the A (foreign diplomats), E-3 (Australian professionals), G (international organizations), or H (temporary worker) visa programs accompanying or following to join a principal alien shall be granted work authorization if the spouse demonstrates that during the marriage he or she (or a child) has been battered or has been subjected to extreme cruelty perpetrated by the principal alien. This section is intended to reduce domestic violence by giving victims tools to protect themselves and hold abusers accountable. Research has found the financial dependence on an abuser is a primary reason that battered women are reluctant to cooperate in their abuser's prosecution. With employment authorization, many abused spouses protected by this section will be able to attain work providing them the resources that will make them more able to safely act to stop the domestic violence. The specially trained CIS unit shall adjudicate these requests.
Section 934. Grounds for Hardship Waiver for Conditional Permanent Residence for Intended Spouses
Section 934 adds an additional ground for a hardship waiver of the 2-year conditional permanent resident joint petition requirement for an alien spouse of a citizen or permanent resident. Under this section such spouses may qualify for a waiver if, following the marriage ceremony, the alien has been battered or subject to extreme cruelty by their intended U.S. citizen spouse. This section allows battered immigrants who participated in a marriage ceremony and unknowingly married an abusive U.S. citizen or lawful permanent resident bigamist to avail themselves of an intended spouse hardship waiver and attain lawful permanent residency.
Section 935. Cancellation of Removal
VAWA 2000 created several new waivers and exceptions to deportation and grounds of inadmissibility that might otherwise bar domestic violence victims from gaining immigration status. Due to a drafting error, immigration judges could not utilize many of these waivers and exceptions. Section 935(a) clarifies that immigration judges can utilize these waivers and exceptions to provide relief for VAWA applicants. This subsection shall apply retroactively as if included in VAWA 2000. Judges are expected to continue to exercise discretion, where appropriate, in determining ultimate eligibility for the waivers and exceptions, taking into account the ameliorative intent of these laws. This section also provides that an alien remains eligible for cancellation of removal as a battered alien if removable for failure to register or document fraud or for marriage fraud (if there was a connection between the marriage fraud and the battery or extreme cruelty; this Committee encourages the Department of Homeland Security to define `connection' for purposes of this section using standards and analysis similar to that described in the previously cited policy memoranda).
Section 935(b) provides that the 4,000 annual limit on cancellations of removal does not apply to cancellations of removal of battered aliens.
Section 936. Motions to Reopen
Section 936 contains amendments that clarify the VAWA 2000 motions to reopen for abused aliens, enabling otherwise eligible VAWA applicants to pursue VAWA relief from removal, deportation or exclusion. This section provides that the limitation of one motion to reopen a removal proceeding shall not prevent the filing of one special VAWA motion to reopen. In addition, a VAWA petitioner can file a motion to reopen removal proceedings after the normal 90-day cut-off period, measured from the time of the final administrative order of removal. However, such battered aliens must be physically present in the U.S. at the time of filing the special motion. The filing of a special VAWA motion to reopen shall stay the removal of the alien pending final disposition of the motion, including exhaustion of all appeals, if the motion establishes a prima facie case for the relief. One VAWA 2005 post-enactment motion to reopen may be filed by a VAWA applicant. Aliens who filed and were denied special VAWA motions under VAWA 2000 may file one new motion under this Act.
Section 937. Removal Proceedings
Some abusers have prevented their victims from attending their removal proceedings. As a result, these battered victims are ordered deported in absentia. Under current law, the in absentia orders may be rescinded if the applicant files a motion to reopen and demonstrates that there were exceptional circumstances for failure to appear at the removal hearing. Section 937 provides that battery or extreme cruelty of the alien (or a child or parent of the alien) shall qualify as exceptional circumstances justifying failure to appear at a removal proceeding.
Section 938. Conforming Relief in Suspension of Deportation Parallel to the Relief Available in VAWA-2000 Cancellation for Bigamy
Section 938 provides that suspension of deportation for battered aliens, as it existed before 1996, shall apply in cases of battery perpetrated by a U.S. citizen or permanent resident whom the alien intended to marry, but whose marriage was not legitimate because of the citizen's or permanent resident's bigamy. VAWA 2000 offered protection to intended immigrant spouses who unknowingly married bigamists for purposes of VAWA self-petitioning and VAWA cancellation of removal. This section adds protection under VAWA suspension of deportation.
Section 939. Correction of Cross-Reference to Credible Evidence Provisions
Technical corrections to conform correct cross-reference for VAWA credible evidence provisions in the Cuban Adjustment Act, NACARA, IIRIRA, and HRIFA.
Section 940. Technical Corrections
Technical corrections.
TITLE X--SAFETY ON TRIBAL LANDS
Section 1001. Purposes
This section establishes the purpose of this Title to reduce domestic violence, dating violence, sexual assault and stalking on tribal lands and hold perpetrators accountable.
Section 1002. Consultation
This section requires the Attorney General to consult with Indian tribes regarding ways to improve the grant funds to Indian tribes to address violent crimes on reservations.
Section 1003. Analysis and Research on Violence on Tribal Lands
This section requires the Attorney General to conduct a study and establish a task force to address domestic violence, dating violence, sexual assault and stalking on Indian reservations.
Section 1004. Tracking of Violence on Tribal Lands
This section allows the tribes and the Attorney General to exchange information with regard to incidents of domestic violence, dating violence, sexual assault and stalking on tribal lands.
Section 1005. Tribal Division of the Office of Violence Against Women
This section establishes a division within the Violence Against Women Office to focus on violence on tribal lands and allows consolidation of all the tribal set asides within the VAWA reauthorization.
Section 1006. GAO Report
This section requires GAO to study the status of prosecution on tribal lands and make recommendations about ways to increase the number of prosecutions.
1. H.AMDT.575 to H.R.3402 An amendment numbered 1 printed in House
Report 109-236 to make technical changes to the bill requested by various member
and the Department of Justice including preserving the "Secure our Schools"
program as a stand alone program; ensures that Native American Tribes are
eligible for DOJ grants including the new Justice Assistance Grants programs and
the Weed and Seed program grants; corrects a potential constitutional problem
raised by DOJ and others that the bill as drafted could allow certain grant
awards based solely on the basis of race, rather than assisting underserved
populations as intended and contains Hurricanes Katrina and Rita provisions
which encourage cooperation between federal, state and local courats and
communities to ensure that state and local courts will be able to continue to
operate using available federal facilities.
Sponsor: Rep Sensenbrenner, F. James, Jr. [R-WI-5] (introduced 9/28/2005)
Cosponsors (None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Sensenbrenner amendment (A001) Agreed to by recorded vote: 225 -
191 (Roll no. 499).
3. H.AMDT.577 to H.R.3402 An amendment numbered 3 printed in House
Report 109-236 to authorize the FBI National Gang Intelligence Center. It adds
$10 million in authorization for the Center for each fiscal year, mirroring the
$10 million appropriation given in FY 05.
Sponsor: Rep Cuellar, Henry [D-TX-28] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Cuellar amendment (A004) Agreed to by voice vote.
4. H.AMDT.578 to H.R.3402 An amendment numbered 4 printed in House
Report 109-236 to establish a fixed annual allocation for State victim
assistance grants and OVC discretionary grants equal to the average amount
allocated over the previous three years plus 5 percent.
Sponsor: Rep Poe, Ted [R-TX-2] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 By unanimous consent, the Poe amendment
was withdrawn.
5. H.AMDT.579 to H.R.3402 An amendment numbered 5 printed in House
Report 109-236 to authorize the Attorney General, acting through the Bureau of
Justice Assistance, to make grants to State and local prosecutors and law
enforcement agencies in support juvenile (17 years of age or younger) and young
adult (between 18 and 21) witness assistance programs. Authorizes grant funds to
be used, among other things, for: (1) counseling services to young witnesses of
a violent crime; and (2) protective services for young witnesses and their
families when a serious threat of harm is made from perpetrators or their
associates. Authorizes $3 million for each of fiscal years 2006 through 2009.
Sponsor: Rep Capuano, Michael E. [D-MA-8] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Capuano amendment (A006) Agreed to by voice vote.
6. H.AMDT.580 to H.R.3402 An amendment numbered 6 printed in House
Report 109-236 to provide a requirement that treatment under the Residential
Substance Abuse Treatment (RSAT) program be available to those individuals who
have passed a regularly administered drug-screening test for three months. The
amendment also provides that aftercare be provided to prisoners enrolled in the
RSAT program as a component of comprehensive substance abuse treatment.
Sponsor: Rep Kennedy, Mark R. [R-MN-6] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Kennedy (MN) amendment (A007) Agreed to by voice vote.
7. H.AMDT.581 to H.R.3402 An amendment numbered 7 printed in House
Report 109-236 to require the Secretary of Health and Human Services to report
to Congress on the correlation between a perpetrator's drug and alcohol abuse
and the reported incidence of violence at domestic violence shelters.
Sponsor: Rep Brown-Waite, Ginny [R-FL-5] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Brown-Waite, Ginny amendment (A008) Agreed to by voice vote.
8. H.AMDT.582 to H.R.3402 An amendment numbered 8 printed in House
Report 109-236 to require the Office of Victims of Crime working with national,
state, and local authorities and in collaboration with other federal agencies to
develop and implement a plan that allows law enforcement officials to gather
evidence of a crime during times of emergency even if the crime occurred outside
of their jurisdiction. Furthermore, it requires OVC to coordinate, inform, and
educate victims, service providers, and law enforcement officials of the process
and mechanisms available for reporting violent crimes and gathering evidence
during emergencies.
Sponsor: Rep Slaughter, Louise McIntosh [D-NY-28] (introduced 9/28/2005)
Cosponsors (None)
Latest Major Action: 9/28/2005 By unanimous consent, the Slaughter
amendment was withdrawn.
9. H.AMDT.583 to H.R.3402 An amendment numbered 9 printed in House
Report 109-236 to reauthorize the State Criminal Alien Assistance Program (SCAAP)
through FY2011 and would increase authorized funding to $750 million for FY06,
$850 million for FY07, and $950 million for FY08-11; specifies that funds "may
be used only for correctional purposes." Amendment also requires the Department
of Justice Inspector General submit a report on the state and local governments
that receive SCAAP funding and whether they are cooperating with efforts to
deport criminal aliens, whether they have policies in violation of current law,
and in the case of illegal aliens released without being referred to the
Department of Homeland Security, the number of subsequent offense committed and
how many of these aliens were released because the state or local governments
lack space or funds to detain them.
Sponsor: Rep Kolbe, Jim [R-AZ-8] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Kolbe amendment (A010) Agreed to by voice vote.
10. H.AMDT.584 to H.R.3402 An amendment numbered 10 printed in House
Report 109-236 to prohibit a person convicted of domestic violence from
sponsoring a visa applicant in the future.
Sponsor: Rep King, Steve [R-IA-5] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the King (IA) amendment (A011) Agreed to by voice vote.
11. H.AMDT.585 to H.R.3402 An amendment numbered 11 printed in House
Report 109-236 to provide additional federal funding for programs that have
received grants by the Department of Justice (Office of Violence Against Women)
for providing counseling and shelter for women and children in crisis
pregnancies.
Sponsor: Rep Ryan, Tim [D-OH-17] (introduced 9/28/2005) Cosponsors
(None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Ryan (OH) amendment (A012) Agreed to by voice vote.
12. H.AMDT.586 to H.R.3402 An amendment numbered 12 printed in House
Report 109-236 to expand the current federal criminal ban on fake police badges
and the misuse of authentic badges to include the uniforms, identification, and
all other insignia of all public officials. The use of such badges, uniforms,
and insignia would be permitted for dramatic, decorative, display, and
recreational purposes.
Sponsor: Rep Slaughter, Louise McIntosh [D-NY-28] (introduced 9/28/2005)
Cosponsors (None)
Latest Major Action: 9/28/2005 House amendment agreed to. Status: On
agreeing to the Slaughter amendment (A014) Agreed to by voice vote.
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