II Calendar No. 59 111th CONGRESS 1st Session S. 327 IN THE SENATE OF THE UNITED STATES January 26, 2009 Mr. Leahy (for himself, Mr. Hatch, Mr. Kaufman, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary May 7, 2009 Reported by Mr. Leahy, with an amendment Strike out all after the enacting clause and insert the part printed in italic 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.

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 individuals who are between the ages of 12 and 24. . (b)

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.. (c)

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. . (d)

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 each place it appears consent and inserting consent or authorization; (iii)by striking persons with disabilities and inserting a person with a court-appointed guardian; and (iv)by striking person with disabilities and inserting 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; and (4)by designating subparagraph (E) as subparagraph (H) and 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

The provisions of 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. . (e)

Effective date

The amendments made by this section shall apply to grants awarded for periods beginning on or after October 1, 2009.

3.

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 provided in 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 subtitle 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 that is subgranted to any tribe or 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 either 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. (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) if such information is contained in secure, governmental registries for purposes of enforcing orders and injunctions described in subsection (a). (c)

Effective date

A State, Indian tribal government, or unit of local government must meet the requirements of subsection (a) and (b) by the later of— (1)2 years from the date of enactment of the Improving Assistance to Domestic and Sexual Violence Victims Act of 2009; or (2)the period ending on the date on which the next session of the State legislature ends.

. (e)

Health care professionals

Section 2010(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by striking trained examiners for and inserting health care professionals for adult and youth. (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 people, based on the most recent decennial census” and inserting “200,000 people, based on the decennial census of 2000”. (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.

4.

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), 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.

5.

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.

6.

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 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 them 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.

7.

Tribal issues

(a)

Consultation

Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 is amended by inserting at the end the following: (c)

Reports to Congress

Not later than 3 months after the date of each of the annual consultations, beginning with the first consultation following the date of the enactment of this subsection, the Attorney General shall submit to the Committee on Indian Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary and the Committee on Natural Resources of the House of Representatives a report summarizing the annual consultations involved, any request of Indian tribes made pursuant to such consultations for enhancing the safety of Indian women, and the investigative efforts of the Federal Bureau of Investigation and prosecutorial efforts of the United States Attorneys on cases of domestic violence, sexual assault, dating violence, and stalking, involving adult Indian women. The first of such reports shall include the total number of investigations, indictments, declinations, and convictions of cases described in the previous sentence for the 3 years preceding the annual consultation involved and each subsequent report shall include the total number of investigations, indictments, declination, and convictions of such cases for the year preceding the annual consultation involved. . (b)

Grants to Indian tribal governments

(1)

In general

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 appropriated under this section shall remain available until expended and may only be used for the activities described in this section. (d)

Duration

Grants made under this section shall be for a period of 24 months. Upon request of a grantee, the tribal deputy director may extend the grant period involved for purposes of enabling the grantee to complete the activities agreed to under the terms of the grant provided that no additional funds may be provided under this section pursuant to such extension. (e)

Technical assistance

(1)

In general

Not later than 6 months after the date of receipt of funding for this program, the Director of the Office on Violence Against Women shall set aside and disperse not less than 6 percent of the total amount of the funds made available under this section for the purpose of entering into cooperative agreements with qualified tribal organizations to provide technical assistance and training to Indian tribes to address violence against Indian women. Such training and technical experience shall be specifically designed to address the unique legal status and geographic circumstances of the Indian tribes receiving funds under this section. (2)

Qualified tribal organization

For purposes of paragraph (1), a qualified tribal organization is a tribal organization with demonstrated experience in providing training and technical experience to Indian tribes in addressing violence against Indian women. . (2)

Effective date

The amendment made by paragraph (1) shall apply to grants made on or after October 1, 2009.

8.

Polygraph procedures

(a)

STOP grants

Section 2013(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–8(a)) is amended by striking as a condition for proceeding with the investigation of such an offense. (b)

Grants To encourage arrest

Section 2101(c)(5)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(5)(A)) is amended by striking as a condition for proceeding with the investigation of such an offense. (c)

Effective date

The amendments made by subsections (a) and (b) shall apply to grants made on or after the latter of the following dates: (1)The date that is 2 years after the date of the enactment of this Act. (2)The date on which the next session of the State legislature of the State involved ends.

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 new paragraph: (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, by adding at the end the following new paragraph: (15)To develop human immunodeficiency virus (HIV), 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)in subsection (d)— (A)by inserting or Treatment after Notice; and (B)by striking paragraph (2) and inserting the following: (2)certifies it has a law that requires the State or unit of local government, respectively, to provide at the request of a victim or the parent or guardian of a victim— (A)anonymous and confidential free testing for the victim for the human immunodeficiency virus (HIV), Hepatitis B, Hepatitis C, and other sexually transmitted infections as medically appropriate; (B)as soon as practicable, notification to the victim, or parent or guardian of a victim, of the testing results; (C)anonymous and confidential free follow-up testing for the victim as medically appropriate; (D)free prophylaxis and treatment as necessary for the victim; (E)free counseling and support to the victim regarding any health care concerns of the victim with respect to the human immunodeficiency virus (HIV), Hepatitis B, Hepatitis C, and other sexually transmitted infections; and (F)assurances that the test results of the victim shall remain confidential unless otherwise provided by law; and (3)provides assurances to the satisfaction of the Attorney General that its laws will be in compliance with the requirements of paragraph (1) or (2) by a date that is not later than the latter of the following dates: (A)The date that is 2 years after the date of the enactment of the Improving Assistance to Domestic and Sexual Violence Victims Act of 2009. (B)The date on which the next session of the State legislature ends. .

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) and redesignating the subsequent paragraphs accordingly; and (2)by inserting after paragraph (5) the following new paragraphs and redesignating the subsequent paragraphs (as redesignated by paragraph (1)) accordingly: (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 of the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is amended in subsection (f)(1) by striking linguistically and culturally and inserting culturally and linguistically. (c)

Grants to combat violence against women in public and assisted housing

Section 41405 of the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is amended in subsection (c)(2)(D) 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. 14043g) 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)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10(a)(1) note) is amended by striking in Indian country and inserting on land owned or held in trust for the benefit of an Indian tribe included on the list published under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1).

14.

Motions to reopen

(a)

In general

Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)(C)(iv)(I)) is amended to read as follows: (I)if the basis for the motion is to apply for relief under subparagraph (T) or (U) of section 101(a)(15), clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), section 240A(b)(2), section 244(a)(3) (as in effect on March 31, 1997), or subsection (l) or (m) of section 245; . (b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date.

15.

Extension of T nonimmigrant status

(a)

In general

Section 214(o)(7) of the Immigration and Nationality Act (8 U.S.C. 1184(o)(7)) is amended by adding at the end the following: (D)An alien may apply for extension of status under subparagraph (B) retroactively after the expiration of nonimmigrant status under subparagraph 101(a)(15)(T). . (b)

Effective date

The amendments made by under subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date.

16.

T and U nonimmigrant protections

(a)

In general

Section 107(b)(1)(E)(i)(II)(aa) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)(i)(II)(aa)) is amended by striking bona fide and inserting prima facie. (b)

Conforming amendment

Section 214(p)(6) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) is amended by striking bona fide and inserting prima facie. (c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date.

17.

U nonimmigrant adjustment of status

(a)

In general

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. (b)

Effective date

The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date.

18.

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.

19.

Processing of certain visas

(a)

In general

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 that— (A)the Office of Policy and Strategy at United States Citizenship and Immigration Services leads policy and program development with regard to Violence Against Women Act confidentiality-protected victims and their derivative family members; and (B)there is routine consultation with the Office on Policy and Strategy during the development of any other Department of Homeland Security regulation or operational policy that impacts Violence Against Women Act confidentiality-protected victims and their derivative family members. . (b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date.

May 7, 2009 Reported with an amendment