I 111th CONGRESS 1st Session H. R. 3401 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.

1.

Short title

This Act may be cited as the Improving Assistance to Domestic and Sexual Violence Victims Act of 2009.

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.

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. .

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:

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.

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.

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.

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,.

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. .

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. .

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. .

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.

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.

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. .

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.

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. .

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.

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.