[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>