Pub. L. 109-271 Technical Corrections to the Violence Against Women and Department of Justice Reauthorization Act of 2005

109th Congress
August 12, 2006
120 Stat. 750
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S.3693

An Act

To make technical corrections to the Violence Against Women and Department of Justice Reauthorization Act of 2005.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Note: This Public Law has been modified on I-LINK to only include sections 6 and 8 which makes technical corrections to the Violence Against Women and Department of Justice Reauthorization Act of 2005.

SEC. 6. TITLE VIII–IMMIGRATION AND NATIONALITY ACT.

(a) Petitions for Immigrant Status- Section 204(a)(1)(D)(v) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)(v)) is amended by inserting β€œor (B)(iii)” after β€œ(A)(iv)”.

(b) Inadmissible Aliens- Section 212 of such Act (8 U.S.C. 1182) is amended–

(1) in subsection (a)–

(A) in paragraph (4)(C)(i)–

(i) in subclause (II), by striking `, or’ at the end and inserting a semicolon; and

(ii) by adding at the end the following:

`(III) classification or status as a VAWA self-petitioner; or’;
(B) in paragraph (6)(A)(ii), by amending subclause (I) to read as follows:
`(I) the alien is a VAWA self-petitioner;’; and

(C) in paragraph (9)(C)(ii), by striking `the Attorney General has consented’ and all that follows through `United States.’ and inserting the following: `the Secretary of Homeland Security has consented to the alien’s reapplying for admission.

`(iii) WAIVER- The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between–

`(I) the alien’s battering or subjection to extreme cruelty; and

`(II) the alien’s removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States.’;

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

`(C) is a VAWA self-petitioner,’;

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

`(C) the alien is a VAWA self-petitioner; and’; and

(4) in subsection (i)(1), by striking `an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B)’ and inserting `a VAWA self-petitioner’.

(c) Deportable Aliens- Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended to read as follows:

`(ii) is a VAWA self-petitioner.’.

(d) Removal- Section 239(e)(2)(B) of such Act (8 U.S.C. 1229(e)(2)(B)) is amended by striking `(V)’ and inserting `(U)’.

(e) Cancellation of Removal- Section 240A(b)(4)(B) of such Act (8 U.S.C. 1229b(b)(4)(B)) is amended by striking `they were applications filed under section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245 (a) and (c).’ and inserting `the applicants were VAWA self-petitioners.’.

(f) Adjustment of Status- Section 245 of such Act (8 U.S.C. 1255) is amended–

(1) in subsection (a), by striking `under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or’ and inserting `as a VAWA self-petitioner’; and

(2) in subsection (c), by striking `under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 204(a)(1)’ and inserting `as a VAWA self-petitioner’.

(g) Immigration Officers- Section 287 of such Act (8 U.S.C. 1357) is amended by redesignating subsection (i) as subsection (h).

(h) Penalties for Disclosure of Information- Section 384(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)) is amended by striking `clause (iii) or (iv)’ and all that follows and inserting `paragraph (15)(T), (15)(U), or (51) of section 101(a) of the Immigration and Nationality Act or section 240A(b)(2) of such Act.’.

SEC. 8. TITLE XI–DEPARTMENT OF JUSTICE.

(n) Effective Dates-

(1) OFFICE OF WEED AND FEED STRATEGIES- Section 1121(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3712a note) is amended by striking `90 days after the date of the enactment of this Act’ and inserting `with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter’.

(2) SUBSTANCE ABUSE TREATMENT-

(A) IN GENERAL- Chapter 4 of subtitle B of title XI of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 3110) is amended by adding at the end the following:
`SEC. 1147. EFFECTIVE DATE.

`The amendments made by sections 1144 and 1145 shall take effect on October 1, 2006.’.

(B) CONFORMING AMENDMENT- The table of contents in section 2 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 106-162; 119 Stat. 2960) is amended by inserting after the item relating to section 1146 the following:

`Sec. 1147. Effective date.’.

(3) OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT- Section 1158(b) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3712d note) is amended to read as follows:

`(b) Effective Date-

`(1) IN GENERAL- Except as provided in paragraph (2), section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d) shall take effect on April 5, 2006.

`(2) CERTAIN PROVISIONS- Subsections (c), (d), and (e) of section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d) shall take effect on October 1, 2006.’.

(4) OFFICE OF APPLIED LAW ENFORCEMENT TECHNOLOGY-

(A) IN GENERAL- Section 1160(b) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3712f note) is amended by striking `90 days after the date of the enactment of this Act’ and inserting `on October 1, 2006′.

(B) AVAILABILITY OF FUNDS- Section 1161(b) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3712g note) is amended by striking `90 days after the date of the enactment of this Act’ and inserting `on October 1, 2006′.

(5) EVIDENCE-BASED APPROACHES- Section 1168 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 3122) is amended–

(A) by striking `Section 1802′ and inserting the following:

`(a) In General- Section 1802′; and

(B) by adding at the end the following:

`(b) Effective Date- The amendments made by this section shall take effect on October 1, 2006.’.

(6) STATE CRIMINAL ALIEN ASSISTANCE PROGRAM- Section 1196 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 3130) is amended by adding at the end the following:

`(d) Effective Date- The amendments made by subsections (a) and (b) shall take effect on October 1, 2006.’.

Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.