Improving Assistance to Domestic and Sexual Violence Victims Act of 2009 - Amends the Violence Against Women Act of 1994 to: (1) amend certain definitions, grant conditions relating to confidential information, and matching fund requirements under such Act; (2) expand the role of the national resource center on workplace responses to domestic violence to require information and assistance to victim service providers and other community-based organizations and coalitions; and (3) expand requirements for providing culturally and linguistically specific services to domestic and sexual violence victims.
Amends grant provisions under the violence against women program of the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) impose limits on Internet publication of protection order information in domestic violence cases; (2) exempt victims of dating violence from certain costs for criminal proceedings and protection orders; (3) provide for sexual assault forensic medical personnel examiners to collect and preserve evidence in sexual assault cases; and (4) expand grant purposes to include HIV, hepatitis, and sexually transmitted infection testing and treatment for victims of sexual assault.
Amends the Immigration and Nationality Act and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to expand visa eligibility for aliens who are victims of domestic violence and sex trafficking.
Amends the Housing and Community Development Act of 1980 to permit certain aliens lawfully present in the United States to qualify for low-income housing assistance.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3401 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3401
To amend the Violence Against Women Act of 1994 and the Omnibus Crime
Control and Safe Streets Act of 1968 to improve assistance to domestic
and sexual violence victims and provide for technical corrections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2009
Ms. Wasserman Schultz (for herself and Mr. Poe of Texas) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Financial Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Violence Against Women Act of 1994 and the Omnibus Crime
Control and Safe Streets Act of 1968 to improve assistance to domestic
and sexual violence victims and provide for technical corrections.
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 ``Improving Assistance to Domestic and
Sexual Violence Victims Act of 2009''.
SEC. 2. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect at the beginning of
fiscal year 2010.
SEC. 3. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS UNDER VAWA.
(a) Youth Definition.--Section 40002(a)(37) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)(37)) is amended to read as
follows:
``(37) Youth.--The term `youth' means an individual who is
between 12 and 24 years of age.''.
(b) Trained Examiner Definition.--Section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended by inserting
at the end the following:
``(38) Trained examiner.--The term `trained examiner' means
a health care professional who has received specialized
training specific to sexual assault victims which includes both
gathering forensic evidence and medical needs.''.
(c) Personal Information.--Section 40002(a)(18) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)(18)) is amended by
inserting after ``stalking,'' the following: ``regardless of whether
the information is encoded, encrypted, hashed, or otherwise
protected,''.
(d) Expertise Requirement.--Section 40002(b)(11) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(11)) is amended by adding
at the end the following: ``The Director of the Office on Violence
Against Women shall ensure that training or technical assistance will
be developed and provided by entities having demonstrated expertise in
the purposes, uses of funds, and other aspects of the grant program for
which such training or technical assistance is provided.''.
(e) Matching Requirement.--Section 40002(b)(1) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(1)) is amended to read as
follows:
``(1) Match.--No matching funds shall be required for a
grant or subgrant made under this title for--
``(A) any tribe, territory, or victim service
provider; or
``(B) any other entity, including a State, that the
Attorney General determines has adequately demonstrated
financial need.''.
(f) Treatment of Confidential Information.--Section 40002(b)(2) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(2)) is
amended--
(1) in subparagraph (A), by inserting ``privacy and''
before ``safety'';
(2) in subparagraph (B)--
(A) by striking ``and (D)'' and inserting ``, (D),
(E), (F), (G), and (H)'';
(B) in clause (i)--
(i) by inserting ``, reveal, or release''
after ``disclose''; and
(ii) by inserting ``, regardless of whether
the information is encoded, encrypted, hashed,
or otherwise protected,'' after ``individual
information''; and
(C) in clause (ii)--
(i) by striking ``reveal'' and inserting
``disclose, reveal, or release'';
(ii) by striking ``consent'' each place it
appears and inserting ``consent or
authorization''; and
(iii) by striking ``persons with
disabilities'' and inserting ``a person with a
court-appointed guardian'';
(3) in subparagraph (C)--
(A) by inserting ``disclosure, revelation, or''
after ``If'';
(B) in clause (i), by inserting ``, revelation, or
release'' after ``disclosure''; and
(C) in clause (ii), by inserting ``disclosure,
revelation, or'' after ``affected by the'';
(4) by redesignating subparagraph (E) as subparagraph (H);
and
(5) by inserting after subparagraph (D) the following:
``(E) Statutorily permitted reports of abuse or
neglect.--Nothing in this paragraph shall prohibit a
grantee or subgrantee from reporting abuse and neglect,
as those terms are defined by law, and where mandated
or expressly permitted by the State, tribe, or
territory involved.
``(F) Preemption.--This paragraph shall not
supersede any other provision of Federal, State,
tribal, territorial, or local law relating to the
privacy or confidentiality of information to the extent
to which such other provision provides greater privacy
or confidentiality protection than this paragraph for
victims of domestic violence, dating violence, sexual
assault, or stalking.
``(G) Certain minors and persons with guardians.--
If a minor or a person with a court-appointed guardian
is permitted by law to receive services without the
parent's or guardian's consent or authorization, the
minor or person with a court-appointed guardian may
consent to a disclosure, revelation, or release of
information. In no case may consent or authorization
for release of information be given by the abuser of
the minor, or person with a court-appointed guardian,
or the abuser of the other parent of the minor.''.
SEC. 4. CRIMINAL JUSTICE.
(a) Application Requirements.--
(1) In general.--Section 2007(d) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(d)) is
amended--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by inserting at the end the following:
``(5) proof of compliance with the requirements prohibiting
the publication of protection order information on the Internet
under section 2013A.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to grants awarded for periods beginning on or after
October 1, 2009.
(b) State and Federal Obligations.--Section 2007(f) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(f)) is
amended to read as follows:
``(f) Federal Share.--
``(1) In general.--Except as provided under paragraph (2),
the Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the projects described
in the application submitted.
``(2) Exemption from matching funds.--No matching funds
shall be required for that portion of a grant under this part
that is subgranted to any Indian tribal government for victims
services.''.
(c) Limits on Internet Publication of Protection Order
Information.--Section 2265(d) of title 18, United States Code, is
amended by striking paragraph (3).
(d) State Certification.--Part T of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by
inserting after section 2013 the following:
``SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PROTECTION ORDER
INFORMATION.
``(a) In General.--A State, Indian tribal government, or unit of
local government shall not be eligible to receive funds under this part
unless the State, Indian tribal government, or unit of local government
certifies that it does not make available publicly on the Internet any
information regarding the filing for or issuance, modification,
registration, extension, or enforcement of a protection order,
restraining order, or injunction in 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 or injunction.
``(b) Exception.--A State, Indian tribe, or territory may share
court-generated and law enforcement-generated information about an
order or injunction described in subsection (a) for purposes of
enforcing such orders and injunctions, if such information is contained
in a secure, governmental registry.
``(c) Effective Date.--A State, Indian tribal government, or unit
of local government shall meet the requirements of subsections (a) and
(b) by not later than the later of--
``(1) 2 years after the date of enactment of the Improving
Assistance to Domestic and Sexual Violence Victims Act of 2009;
or
``(2) the date on which the next session of the State
legislature ends.''.
(e) Territory.--Section 2010 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``Territory,''
after ``State,'', both places it appears; and
(B) in paragraph (2), by inserting ``Territory,''
after ``State,'' and ``Territories,'' after
``States,'';
(2) in subsection (b), by inserting ``Territory,'' after
``State,'' both places it appears;
(3) in subsection (c), by inserting ``Territory,'' after
``State,''; and
(4) in subsection (e), by inserting ``Territory,'' after
``State,'' both places it appears.
(f) Rural State.--Section 40002(a)(22) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925 (a)(22)) is amended by striking
``150,000'' and inserting ``200,000''.
(g) Costs for Criminal Charges and Protection Orders.--Section
2011(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-5(a)(1)) is amended by inserting ``dating violence,''
before ``stalking''.
(h) Grants To Encourage Arrest Policies and Enforcement of
Protection Orders.--Section 2101(c)(4) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by
inserting ``dating violence,'' before ``stalking''.
(i) Effective Date.--The amendments made by subsections (g) and (h)
shall take effect 2 years after the date of enactment of this Act.
SEC. 5. FAMILIES.
(a) In General.--Section 41304 of the Violence Against Women Act of
1994 (42 U.S.C. 14043d-3) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Attorney
General, acting through the Director of the Office on
Violence Against Women, and in collaboration with the
Department of Health and Human Services'' and inserting
``Secretary of Health and Human Services (in this
section referred to as the `Secretary'), acting through
the Administration for Children, Youth and Families'';
(B) in paragraph (2), by striking ``Director'' and
inserting ``Secretary''; and
(C) in paragraph (3), by striking ``Director'' and
inserting ``Secretary''; and
(2) in subsection (d)(1), by striking both places it
appears ``Director'' and inserting ``Secretary''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to grants issued on or after October 1, 2009.
SEC. 6. HOUSING.
(a) Section 6.--Section 6(u)(1)(A) of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended by inserting ``, as described in
subparagraph (C),'' after ``HUD approved certification form''.
(b) Section 8.--Section 8(ee)(1)(A) of the United States Housing
Act of 1937 (42 U.S.C. 1437f) is amended by inserting ``, as described
in subparagraph (C),'' after ``HUD approved certification form''.
SEC. 7. ECONOMIC SECURITY.
(a) Authority.--Section 41501(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 14043f(a)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by striking the last sentence and inserting the
following:
``(2) Information and assistance.--The resource center
established under paragraph (1) shall provide information and
assistance to--
``(A) employers and labor organizations to aid in
their efforts to develop and implement responses to
such violence; and
``(B) victim service providers, including
community-based organizations, State domestic violence
coalitions, State sexual assault coalitions, and tribal
coalitions, to enable to the providers to provide
resource materials or other assistance to employers,
labor organizations, or employees.''.
(b) Entities Providing Assistance.--Section 41501(c)(1) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is amended
by striking ``and labor organizations'' and inserting ``, labor
organizations, victim service providers, community-based organizations,
State domestic violence coalitions, State sexual assault coalitions,
and tribal coalitions,''.
SEC. 8. TRIBAL ISSUES.
Section 2015 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-10) is amended by adding at the end the
following:
``(c) Availability.--Funds available under this section shall
remain available until expended and may only be used for the activities
described in this section.
``(d) Duration.--A grant made under this section shall be for a
period of 24 months.''.
SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS.
Section 2101(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh(b)) is amended by adding at the end the
following:
``(14) To provide for sexual assault forensic medical
personnel examiners in the collection and preservation of
evidence, expert testimony, and treatment of trauma related to
sexual assault.''.
SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING AND TREATMENT.
Section 2101 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (b), as amended by section 9 of this Act,
by adding at the end the following new paragraph:
``(15) To develop human immunodeficiency virus, Hepatitis
B, Hepatitis C, and sexually transmitted infection testing and
treatment programs for sexual assault victims that include
notification, treatment, counseling, and confidentiality
protocols.''; and
(2) by striking subsection (d) and inserting the following:
``(d) HIV Testing and Prophylaxis.--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 to
administer HIV testing to an offender not later than 48
hours after a request by a victim of a sexual assault
that carries the risk of transmission of HIV if--
``(i) there has been a judicial finding of
probable cause that the offender committed the
sexual assault or an information or indictment
is presented against the offender for the
sexual assault; and
``(ii) the offender is in custody or
otherwise available for testing;
``(B) notification as soon as practicable of the
results of testing described in subparagraph (A) to the
victim or parent and guardian of the victim, if the
victim is a minor or has a court-appointed guardian,
and to the offender; and
``(C) followup tests for HIV of such offender 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); and
``(2) gives the Attorney General assurances that its laws
and regulations will be in compliance with the requirements of
paragraph (1) not later than the later of--
``(A) the date on which the next session of the
State legislature ends; or
``(B) 2 years after the date of enactment of the
Improving Assistance to Domestic and Sexual Violence
Victims Act of 2009.''.
SEC. 11. CLARIFICATION OF THE TERM ``CULTURALLY AND LINGUISTICALLY
SPECIFIC''.
(a) Definitions.--Section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)) is amended--
(1) by striking paragraph (17);
(2) by redesignating paragraphs (18) through (37) as
paragraphs (19) through (38), respectively;
(3) by redesignating paragraphs (6) through (16) as
paragraphs (8) through (18), respectively; and
(4) by inserting after paragraph (5) the following new
paragraphs:
``(6) Culturally specific.--The terms `culturally specific'
and `culturally and linguistically specific' mean specific to
racial and ethnic minority groups (as defined in section
1707(g) of the Public Health Service Act (42 U.S.C. 300u-
6(g))).
``(7) Culturally and linguistically specific services.--The
terms `culturally and linguistically specific services' and
`culturally specific services' mean community-based services
that offer full linguistic access and culturally specific
services and resources, including outreach, collaboration, and
support mechanisms primarily directed toward culturally
specific communities.''.
(b) Collaborative Grants To Increase the Long-term Stability of
Victims.--Section 41404(f)(1) of the Violence Against Women Act of 1994
(42 U.S.C. 14043e-3(f)(1)) is amended by striking ``linguistically and
culturally'' and inserting ``culturally and linguistically''.
(c) Grants To Combat Violence Against Women in Public and Assisted
Housing.--Section 41405(c)(2)(D) of the Violence Against Women Act of
1994 (42 U.S.C. 14043e-4(c)(2)(D)) is amended by striking
``linguistically and culturally'' and inserting ``culturally and
linguistically''.
(d) State Grants.--Section 2007(e)(2)(D) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)(2)(D)) is
amended by striking ``linguistically and culturally'' and inserting
``culturally and linguistically''.
(e) Sexual Assault Services.--Section 2014 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-9) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and other
programs and projects'';
(B) in paragraph (2)(B)--
(i) by striking ``and other nonprofit,
nongovernmental organizations for programs and
activities''; and
(ii) by inserting ``to sexual assault
victims'' after ``that provide direct
intervention and related assistance''; and
(C) in paragraph (2)(C)(v), by striking
``linguistically and culturally'' and inserting
``culturally and linguistically'';
(2) in subsection (c)(2)(A) by striking ``that focuses
primarily on'' and inserting ``whose primary mission is to
address one or more'';
(3) in subsection (c)(2)(C) by striking ``linguistically
and culturally'' and inserting ``culturally and
linguistically''; and
(4) in subsection (c)(4)(B) by deleting ``underserved''.
(f) Enhancing Culturally and Linguistically Specific Services for
Victims of Domestic Violence, Dating Violence, Sexual Assault, and
Stalking.--Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended--
(1) in subsection (b)(1)(A) by inserting ``for culturally
and linguistically specific populations'' after ``resources'';
(2) in subsection (b)(1)(B) by inserting ``culturally and
linguistically specific'' before ``resources for''; and
(3) in subsection (g) by striking ``linguistic and
culturally'' and inserting ``culturally and linguistically''.
SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECHNICAL AMENDMENT.
Section 41501(b)(3) of the Violence Against Women Act of 1994 (42
U.S.C. 14043f(b)(3)) is amended by striking ``for materials''.
SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
Section 904(a) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is
amended--
(1) in paragraph (1), by striking all after ``Indian
women'' and inserting a period; and
(2) by striking paragraph (4) and inserting the following:
``(4) Report.--Beginning not later than 2 years after the
date of enactment of this Act, the Attorney General shall
submit an annual report, and upon completion a final report,
that describes the progress, results, and recommendations of
the study under this subsection 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.''.
SEC. 14. U NONIMMIGRANT ADJUSTMENT OF STATUS.
Section 245(m)(3) of the Immigration and Nationality Act (8 U.S.C.
1255(m)(3)) is amended by inserting ``or an unmarried sibling under 18
years of age on the date of such application for adjustment of status
under paragraph (1),'' after ``a parent''.
SEC. 15. PROCESSING OF CERTAIN VISAS.
Section 238(b)(5) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat
5085) is amended to read as follows:
``(5) Measures taken to ensure routine consultation with
the Office of Policy and Strategy of U.S. Citizenship and
Immigration Services during the development of any Department
of Homeland Security regulations or policies that impact
Violence Against Women Act of 1994 confidentiality-protected
victims and their derivative family members.''.
SEC. 16. CONFORMING AMENDMENT CONFIRMING HOUSING ASSISTANCE FOR
QUALIFIED ALIENS.
(a) In General.--Section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``or'' at the
end;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) a qualified alien described in section 431 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``(6)'' and
inserting ``(7)''; and
(B) in paragraph (2)(A), in the matter preceding
clause (i), by inserting ``(other than a qualified
alien described in section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641))'' after ``any alien''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for public benefits and public benefits provided
on or after the date of the enactment of this Act without regard to
whether regulations to carry out such amendments have been implemented.
SEC. 17. FUNDING CLARIFICATION FOR STOP GRANTS.
Section 2007(c)(3) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon; and
(2) by inserting at the end the following:
``except that if funds allocated under subparagraph (A) or (C)
are not obligated within 18 months of receipt of the funds, the
Attorney General may direct the State to allocate those funds
for victim services, as provided by subparagraph (B); and''.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Financial Services
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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