[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Pages S843-S846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 327. 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; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce the Improving 
Assistance to Domestic and Sexual Violence Victims Act of 2009 to make 
urgently needed improvements to the Violence Against Women Act, VAWA. 
The bill makes corrections and improvements so that this law, a law 
that has helped so many, can continue to serve as a powerful tool to 
combat domestic violence and other crimes perpetrated against women and 
families.
  In introducing this measure, I recognize the leadership shown on 
these issues by Senator Joe Biden who now serves as our Vice President. 
Since 1994, the Violence Against Women Act has been the centerpiece of 
the Federal government's commitment to combating domestic violence and 
other violent crimes against women. Its passage and reauthorization 
made a strong statement in support of the rights of women in America. 
This landmark law filled a void in Federal law that had left too many 
victims of domestic violence and sexual assault without the help they 
needed.
  Since the bill's passage, there has been a 27 to 51 percent increase 
in domestic violence reporting rates by women and a 37 percent increase 
in reporting rates by men. The number of individuals killed by an 
intimate partner has decreased by 24 percent for women and 48 percent 
for men. I have been proud to work with then-Senator Biden on these 
matters for the more than 15 years. I look forward to working with the 
Obama-Biden administration to ensure that this law remains a vital 
resource for prosecutors, social workers, and all of those committed to 
ending crimes against women and alleviating the terrible harms that 
result from these crimes.
  I crafted the legislation I introduce today with the assistance of 
advocates and those in the field who work with the Violence Against 
Women Act every day. It contains changes to VAWA that will improve the 
law's operation and implementation. I want to thank the National 
Network to End Domestic Violence, Legal Momentum, and the National 
Center for Victims of Crime for their assistance with and support for 
this legislation, and for their tireless work on behalf of women and 
families in the United States. These groups and others across the 
country play a crucial role in fulfilling the promise that Congress 
made with the enactment of the Violence Against Women Act.
  Among several other fixes, the bill strengthens privacy protections 
for victims of domestic violence. It contains provisions to ease the 
burden on victims of domestic violence to obtain public housing 
benefits. It eliminates an existing loophole that often results in the 
inappropriate administration of polygraph examinations to victims of 
terrible crimes. The legislation also contains provisions to strengthen 
protections in existing law for battered immigrant women. With these 
important changes to the Violence Against Women Act, Congress will 
ensure that the law is as effective and strong as it was intended to be 
and that it can meet the needs of those it seeks to protect as we move 
forward. I hope all Senators will join in support of this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
placed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 327

       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. 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

[[Page S844]]

     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.

     SEC. 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:

     ``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 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''.

     SEC. 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.

     SEC. 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''.

     SEC. 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''.

     SEC. 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

[[Page S845]]

     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.

     SEC. 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.

     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 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.''.

     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, 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.''.

     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) 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''.

     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)(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)''.

     SEC. 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.

     SEC. 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.

     SEC. 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.

     SEC. 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.

[[Page S846]]

     SEC. 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.

     SEC. 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.
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