[Senate Report 111-85]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 59
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-85

======================================================================



 
  IMPROVING ASSISTANCE TO DOMESTIC AND SEXUAL VIOLENCE VICTIMS ACT OF 
                                  2009

                                _______
                                

                October 1, 2009.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 327]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 327), 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, having considered the same, 
reports favorably thereon, with an amendment, and recommends 
that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Improving Assistance to Domestic and 
     Sexual Violence Victims Act of 2009..............................2
 II. History of the Bill and Committee Consideration..................4
III. Section-by-Section Summary of the Bill...........................5
 IV. Congressional Budget Office Cost Estimate........................9
  V. Regulatory Impact Evaluation....................................11
 VI. Conclusion......................................................11
VII. Minority Views..................................................12
VIII.Changes to Existing Law Made by the Bill, as Reported...........19


 I. Background and Purpose of the Improving Assistance to Domestic and 
                  Sexual Violence Victims Act of 2009


                             A. BACKGROUND

    The Violence Against Women Act of 1994 was enacted as Title 
IV of the Violent Crime Control and Law Enforcement Act of 
1994.\1\ This legislation was Congress' initial effort to 
address the problem of gender-related violence in the United 
States, and its recognition of the severity and significance of 
domestic violence in American society. The Act was amended 
twice subsequent to the passage of the original law\2\ to 
reauthorize existing grant programs and to enact new 
initiatives directed at discrete issues such as dating 
violence, sexual assault, and stalking.
---------------------------------------------------------------------------
    \1\Pub. L. No. 103-322, 108 Stat. 1902, 42 U.S.C. Sec. 13701 
(2006).
    \2\Pub. L. No. 106-386; Pub. L. No. 109-162.
---------------------------------------------------------------------------
    The Violence Against Women Act is the centerpiece of 
Federal Government's effort to combat and ameliorate domestic 
violence and its effects on society. The Improving Assistance 
to Domestic and Sexual Violence Victims Act of 2009, S. 327, 
makes technical and other amendments to several areas of the 
current law in order to improve the administration and 
effectiveness of the Violence Against Women Act.

                     B. PURPOSE OF THE LEGISLATION

    The bill seeks to make technical and other amendments to 
resolve issues identified in the current law so that the law's 
provisions may be carried out as effectively and efficiently as 
possible. Victim service providers and other non-governmental 
organizations play an instrumental role in the implementation 
of the Violence Against Women Act. Suggested improvements from 
experts in the field concerning the efficacy of the law are 
essential to congressional efforts to improve the law. As a 
result of substantial input from domestic violence 
organizations and practitioners in the field, as well as from 
the Department of Justice's Office on Violence Against Women, 
S. 327 addresses several areas for technical and substantive 
improvement in the current law. The Committee believes that 
these areas for improvement merit attention prior to a broader 
congressional reauthorization of the law.
    The legislation makes substantial improvements to the 
current law's provisions for victim-requested HIV testing of an 
alleged sexual assault offender.\3\ Under current law, unless a 
State can certify to the Attorney General that it has a law or 
regulation that requires the State, at a sexual assault 
victim's request, to administer an HIV test to an alleged 
offender within a certain period of time, the State forfeits 
five percent of its funding under VAWA's Grants to Encourage 
Arrest Policies and Enforcement of Protection Orders program. 
As the result of substantial opposition among the States to 
implementing a law or regulation requiring invasive medical 
testing of a non-convicted alleged offender, very few States 
and local jurisdictions have complied with this section of the 
law,\4\ and thus have not fully benefited from the law's grant 
programs.
---------------------------------------------------------------------------
    \3\42 U.S.C. Sec. 3796hh (2006).
    \4\According to data obtained from the Department of Justice's 
Office on Violence Against Women, of the 209 State and local 
jurisdictions (courts and Indian Tribal governments are excluded from 
the requirement) that have active grants under the Grants to Encourage 
Arrest Policies and Enforcement of Protection Orders Program (Arrest 
Program), only 32, or 16 percent, have met the certification 
requirement at 42 U.S.C. Sec. 3796hh. Of 27 State grantees under the 
Arrest program, 17 have not met the certification requirement. Of 182 
local grantees under the Arrest program, 160 have not met the 
requirement.
---------------------------------------------------------------------------
    The bill seeks to ameliorate this situation. The bill 
retains provisions allowing States to continue or implement a 
mechanism to permit a victim to request HIV testing of an 
alleged offender, but also allows a State, as an alternative to 
meeting the statutory requirement, to implement a testing and 
treatment regime for the victim of a sexual assault. In 
addition to victim testing, the bill would also provide, at no 
cost to the victim, counseling about disease transmission and 
treatment, as well as prophylaxis in accordance with guidance 
set forth by the Centers for Disease Control and Prevention. 
Under the bill, a State's implementation of either an offender 
testing mechanism, or a victim testing and treatment mechanism, 
would satisfy the certification requirement in order to 
maintain full funding eligibility under VAWA.
    Along with providing a victim-focused alternative to the 
current law's requirements, the bill amends current provisions 
relating to offender testing. For offender testing, the bill 
establishes three alternative criteria that must be met before 
the State is required to carry out the requested testing within 
48 hours: (1) the request must be made by the victim; (2) there 
has been a finding of probable cause that the alleged offender 
carried out the assault, and (3) the alleged offender is in 
custody or otherwise available for testing.
    The purpose of this change is to address what the Committee 
believes are practical problems with the current law's 
provisions that allow for offender testing within 48 hours only 
after an indictment or information has been returned. Under 
current law, in order for a State to avoid a five percent 
penalty on Federal grant funding, the State must test an 
offender within 48 hours of indictment or information. Where an 
offender is unavailable for testing, despite an indictment or 
information, substantial practical problems are presented for a 
jurisdiction in complying with the law. Moreover, testing an 
offender within 48 hours of an indictment or information, which 
may be long after an assault, does little to address the 
medical needs of an assault victim who has been exposed to a 
disease.
    The Committee believes that providing States with 
alternative or complementary means to meet the current 
certification requirements, in a manner focused on the needs of 
a sexual assault victim, will better respect the policy making 
process of the States in matters squarely within the State 
police power. The rigid imposition under current law of a 
single policy choice on the States through the withholding of 
important Federal funding has not resulted in significant 
compliance. The Committee therefore believes that additional 
flexibility for State policy makers in this regard is 
warranted.
    The bill also clarifies the intent of the 2005 VAWA 
legislation, which sought to remove a grant matching 
requirement previously required of non-governmental victim 
service providers. After 2005, the Department of Justice 
interpreted these changes such that the matching requirement 
formerly paid by victim service providers was assumed by the 
State. This legislation clarifies that intent by making clear 
that States are not expected to assume grant matching 
requirements formerly required of victim service providers, as 
is currently the practice.
    The legislation strengthens the limitation in current law 
related to the publication of protection orders on the internet 
to further protect the privacy of a victim of domestic 
violence.
    The legislation expands the National Baseline Study on 
violence against Indian women to ensure that Alaska Native 
women are included in the study.
    The legislation makes important improvements to provisions 
of Federal immigration law that serve to protect and obtain the 
assistance in criminal prosecutions of immigrant victims of 
trafficking and other serious crimes. The legislation ensures 
that immigrant trafficking victims who have been granted a visa 
will be able to petition to adjust their immigration status 
even where their temporary visa has expired. Due to a delay in 
the Department of Homeland Security's issuance of regulations 
for T visa adjustment of status, some T visa holders saw their 
legal status expire prior to the issuance of agency rules that 
were to contain a mechanism for an adjustment prior to visa 
expiration. This legislation would permit those whose T visas 
had expired prior to the publication of the rules to petition 
for adjustment of status.
    The legislation streamlines the application standard for T 
and U visa applicants, makes a technical amendment to the 2005 
VAWA legislation to ensure that derivative minor siblings of U 
visa recipients are eligible for the benefits intended by the 
2005 VAWA legislation, and makes a conforming amendment to the 
Housing and Community Development Act to ensure that immigrant 
victims of domestic violence are eligible for housing benefits, 
as Congress intended.
    The changes described above are among several important 
improvements to the Violence Against Women Act. As the 
legislative history of the Violence Against Women Act 
demonstrates, Congress has consistently responded with 
amendments to the law as societal needs evolve and as new 
challenges emerge. The bill continues Congress' efforts to 
continually improve the Violence Against Women Act as an 
important tool to combat domestic violence, sexual assault, and 
other related forms of violent crime.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    Senator Leahy introduced S. 327, the Improving Assistance 
to Domestic and Sexual Violence Victims Act of 2009, on January 
26, 2009, and was subsequently joined by Senators Hatch, 
Klobuchar and Kaufman as cosponsors. The bill was referred to 
the Judiciary Committee.

                       B. COMMITTEE CONSIDERATION

1. Committee hearing

    On June 10, 2009, the Committee held a hearing on ``The 
Continued Importance of the Violence Against Women Act.'' This 
hearing addressed not only the merits of S. 327, but also the 
importance of examining the strengths and weaknesses of the 
Violence Against Women Act in preparation for the Act's 
upcoming reauthorization. At the hearing, six witnesses 
testified in two panels: Acting Director of the Department of 
Justice's Office on Violence Against Women, Catherine Pierce, 
testified on Panel I; Actress and Advocate, Gabrielle Union; 
Executive Director of the Vermont Coalition Against Domestic 
and Sexual Violence, Karen Tronsgard-Scott; President and 
Founder of the Lindsay Ann Burke Foundation, Anna Burke, RN, 
M.Ed.; National Chair of Force 100, Collene Campbell; and Chief 
Assistant of the Office of the Maricopa County Attorney, Sally 
Wolfgang Wells, all testified on Panel II.

2. Executive business meetings

    On April 23, 2009, the Committee held an executive business 
meeting to consider S. 327 and other measures, but the business 
meeting ended prior to the bill's consideration.
    On May 7, 2009, the Committee adopted by unanimous consent 
a complete substitute to the bill offered by the Chairman. The 
complete substitute made several technical corrections and 
clarifications to the bill requested by the Department of 
Justice in a views letter. Senator Kyl offered an amendment to 
set a mandatory minimum sentence of 10 years in prison for 
those convicted of aggravated sexual abuse. Senator Feinstein 
offered a second-degree amendment, reducing the minimum to five 
years. The Committee accepted the second-degree amendment and 
then accepted the Kyl amendment by a voice vote.
    The Committee then voted to report the Improving Assistance 
to Domestic and Sexual Violence Victims Act of 2009, as 
amended, favorably to the Senate by voice vote.

              III. Section-by-Section Summary of the Bill


Section 101. Short title

    This section provides that the legislation may be cited as 
the ``Improving Assistance to Domestic and Sexual Violence 
Victims Act of 2009.''

Section 102. Effective date

    This section provides that the amendments in the Act shall 
take effect at the beginning of fiscal year 2010.

Section 103. Definitions and universal grant conditions under VAWA

    This Section makes various amendments to 42 U.S.C. 
Sec. 13925(a) and (b).
    Section 103(a) clarifies the term ``youth'' to be defined 
as ages 12-24, which is consistent with other Federal grant 
programs.
    Section 103(b) provides a definition for ``Trained 
Examiner'' in order to permit rural and Tribal areas that do 
not have the benefit of a Sexual Assault Nurse Examiner (SANE) 
the ability to receive STOP grants to purchase rape kits. Under 
current law, the use of STOP grant funding for the purchase of 
rape kits was contingent upon the presence of a SANE nurse.
    Section 103(c) clarifies the definition such that the 
personal information specified in the current definition is 
personal regardless whether it is encrypted or otherwise 
protected.
    Section 103(d) adds a new requirement for Technical 
Assistance grant funding such that entities receiving Technical 
Assistance grants must possess expertise in the purposes and 
other aspects of the grant program for which the technical 
assistance is being provided.
    Section 103(e) clarifies that states are not required to 
pay the share of matching funds that victim services providers 
are no longer required to pay. In the 2005 VAWA 
reauthorization, the provision exempting victim service 
providers from matching Federal funds was not written to 
require States to then step in and match Federal funds. The 
intent of that legislation was to eliminate the matching 
requirement altogether, not to transfer it to the States. The 
VAWA 2005 provision has been construed by the Department of 
Justice to require the States to assume the matching 
requirement formerly required of victim service providers. This 
section also clarifies that VAWA grants to victim service 
providers awarded as sub-grants by other VAWA grantees do not 
require matching funds.
    Section 103(f) strengthens existing privacy provisions in 
the current law. This section also clarifies that nothing in 
the law prohibits a grantee or sub-grantee from reporting child 
abuse, elder abuse, or neglect to relevant authorities, and 
that where State law permits or mandates reporting, nothing 
shall prevent a grantee or sub-grantee from reporting. The 
section expressly does not preempt State laws more protective 
of privacy interests than the Federal law.
    Section 103(g) clarifies that with respect to the release 
of personal information, a minor or person with a court-
appointed guardian that is eligible to receive services under 
the law without the consent of a parent or guardian is also 
eligible to release personal information without the consent of 
a parent or guardian.

Section 104. Criminal justice

    Section 104(a) amends section 2007(d) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (Omnibus Crime Control 
Act) (42 U.S.C. Sec. 3796gg-1(d)) to strengthen limitations on 
internet publication of protection orders by requiring grantees 
to prove compliance with new section 2013A, which sets 
limitations on such publication.
    Section 104(b) amends section 2007(f) of the Omnibus Crime 
Control Act (42 U.S.C. 3796gg-1(f)) to clarify the grant 
matching requirements at that section.
    Section 104(c) amends section 2265(d) of title 18 to strike 
paragraph (3), which is incorporated into the amendment made by 
section 104(d).
    Section 104(d) amends Part T of the Omnibus Crime Control 
Act (42 U.S.C. Sec. 3796gg et seq.) to add new section 2103A 
concerning limitations on the internet publication of 
protective orders.
    Section 104(e) amends section 2010 of the Omnibus Crime 
Control Act (42 U.S.C. Sec. 3796gg-4) to add the term 
``Territory''.
    Section 104(f) amends section 40002(a)(22) of the Violence 
Against Women Act of 1994 (VAWA) (42 U.S.C. Sec. 13925(a)(22) 
by changing the population threshold for a rural state from 
150,000 to 200,000.
    Section 104(g) amends section 2011(a)(1) of the Omnibus 
Crime Control Act (42 U.S.C. Sec. 3796gg-5(a)(1)) by adding the 
term ``dating violence'' to the section.
    Section 104(h) amends section 2101(c)(4) of the Omnibus 
Crime Control Act (42 U.S.C. Sec. 3796hh(c)(4)) by adding the 
term ``dating violence'' to the section.
    Section 104(i) provides an effective date for sections (g) 
and (h) above that is two years after the date of enactment of 
the legislation.

Section 105. Families

    Section 105(a) amends section 41304 of VAWA (42 U.S.C. 
Sec. 14043d-3) to move the home visitation program created in 
the 2005 VAWA reauthorization from the Department of Justice to 
the Department of Health and Human Services to align the 
jurisdiction of the program with other similar home visitation 
programs under the authority of HHS.

Section 106. Housing

    Section 106(a) amends section 6(u)(1)(A) of the United 
States Housing Act of 1937 (42 U.S.C. Sec. 1437d) to permit the 
use of third-party certifications on behalf of a domestic 
violence victim seeking Federal housing benefits.

Section 107. Economic security

    Section 107(a) amends section 41501(a) of VAWA (42 U.S.C. 
Sec. 14043f(a)) to expand the national resource center on 
workplace responses to assist victims of domestic and sexual 
violence to permit additional entities to receive information 
and assistance through the resource center. Victim service 
providers, community-based organizations, State domestic 
violence, sexual assault, and tribal coalitions are included as 
recipients of resource center benefits.
    Section 107(b) amends section 41501(c)(1) of VAWA (42 
U.S.C. Sec. 14043f(c)(1)) to expand the list of entities 
eligible to provide assistance under the resource center 
provisions to include victim service providers, community-based 
organizations, State domestic violence and sexual assault 
coalitions and tribal coalitions.

Section 108. Tribal issues

    Section 108 amends section 2015 of the Omnibus Crime 
Control Act (42 U.S.C. Sec. 3796gg-10) by providing that funds 
available under the section shall remain available until 
expended, the use of which is limited to the activities 
described in the section.
    Section 108 also provides that a grant provided under the 
section to be amended shall be for a period of 24 months.

Section 109. Sexual assault nurse examiners

    Section 109(a) amends section 2101(b) of the Omnibus Crime 
Control Act (42 U.S.C. Sec. 3796hh(b)) to include the provision 
of Sexual Assault Nurse Examiners through this grant program in 
order to improve the availability of SANE nurses who are 
specially trained in evidence collection and documentation and 
contribute significantly to successful prosecution of sexual 
assault offenders.

Section 110. Sexually transmitted infection testing and treatment

    Section 110 amends section 2101 of the Omnibus Crime 
Control Act (42 U.S.C. Sec. 3796hh) to refine current 
procedures that allow a sexual assault victim to request 
medical testing of an alleged offender such that a sexual 
assault victim may request testing of an alleged offender 
within 48 hours of the alleged offender's being available for 
testing and after a finding of probable cause that the alleged 
offender committed the assault.
    Section 110 also adds a new provision allowing a sexual 
assault victim to request their own testing, along with 
counseling and prophylaxis in accordance with Centers for 
Disease Control and Prevention guidance.

Section 111. Clarification of the term culturally and linguistically 
        specific

    Section 111(a) provides definitions at section 40002(a) of 
VAWA (42 U.S.C. Sec. 13925(a)) for the terms ``culturally 
specific'', ``culturally and linguistically specific'', 
``culturally and linguistically specific services'', and 
``culturally specific services''.
    Sections 111(b)-(d) amend various sections of VAWA and the 
Omnibus Crime Control Act by striking ``linguistically and 
culturally'' and inserting ``culturally and linguistically''.
    Section 111(e) makes amendments to section 2014 of the 
Omnibus Crime Control Act (42 U.S.C. Sec. 3796gg-9) concerning 
sexual assault victims.\5\
---------------------------------------------------------------------------
    \5\Note that the reference at section 111(e) to 42 U.S.C. 
Sec. 3796gg-9 is incorrect. This section was repealed by Pub. L. 109-
271, 3(a), Aug. 12, 2006, 120 Stat. 754, and placed at a different 
location within the Code. The section to be amended now appears at 42 
U.S.C. 14043g, and contains language identical to that formerly located 
at 42 U.S.C. Sec. 3796gg-9. This is a drafting error.
---------------------------------------------------------------------------
    Section 111(f) amends the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 
Sec. 14045a) by incorporating the term ``culturally and 
linguistically specific'' within the section.

Section 112. National Resource Center grants technical amendment

    Section 112 makes a minor technical revision to section 
41501(b)(3) of the Violence Against Women Act (42 U.S.C. 
Sec. 14043f(b)(3)) by striking extraneous language (``for 
materials'').

Section 113. Analysis and research on violence against Indian women

    Section 113 amends 42 U.S.C. Sec. 3796gg-10 note) to 
clarify that the National Baseline Study concerning violence 
against Indian women shall include Alaska Native women. This 
section also requires the Department of Justice to submit 
annual reports, and upon completion of the study, a final 
report to Congress.

Section 114. Extension of T nonimmigrant status

    Section 114(a) amends section 214(o)(7) of the Immigration 
and Nationality Act (INA) (8 U.S.C. Sec. 1184(o)(7)) to permit 
an alien to apply retroactively, after expiration of 
nonimmigrant status under INA Section 101(a)(15)(T), for an 
extension of that status.
    Section 114(b) provides an effective date upon the 
section's enactment, which shall apply to applications filed 
before, on, or after that date.

Section 115. T and U nonimmigrant protections

    Section 115(a) amends 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)) by replacing the term ``bona fide'' 
with ``prima facie''.
    Section 115(b) makes a conforming amendment at section 
214(p)(6) of the INA (8 U.S.C. Sec. 1184(p)(6)) by replacing 
the term ``bona fide'' with ``prima facie''.
    Section 115(c) provides an effective date upon the 
section's enactment, which shall apply to applications filed 
before, on, or after that date.

Section 116. U nonimmigrant adjustment of status

    Section 116(a) amends section 245(m)(3) of the INA (8 
U.S.C. Sec. 1255(m)(3)) by including an ``unmarried sibling 
under 18 years of age'' within the scope of that section.
    Section 116(b) provides an effective date upon the 
section's enactment, which shall apply to applications filed 
before, on, or after that date.

Section 117. Conforming amendment confirming housing assistance for 
        qualified aliens

    Section 117(a) amends section 214 of the Housing and 
Community Development Act of 1980 (42 U.S.C. Sec. 1436a) to 
include qualified aliens described at section 431 of the 
Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. Sec. 1641) within the scope of that section.
    Section 117(b) provides an effective date upon enactment of 
the section, and provides that the amendment shall apply to 
applications for public benefits provided on or after the date 
of enactment and without regard to whether regulations to carry 
out the amendment have been implemented.

Section 118. Funding clarification for stop grants

    Section 118 amends section 2007(c)(3) of the Omnibus Crime 
Control Act (42 U.S.C. Sec. 3796gg-1(c)(3)) to require that 
grant funds awarded under the section to assist State courts, 
but which remain unobligated for a period of 18 months after 
receipt, shall be redirected to victim services as provided by 
the section.

Section 201. Aggravated sexual abuse

    Section 201 amends section 2241(a) of title 18 of the 
United States Code to provide for a term of imprisonment under 
that section not less than 5 years.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 327, 
the following estimate and comparison prepared by the Director 
of the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974:

                                                     June 16, 2009.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 327, the Improving 
Assistance to Domestic and Sexual Violence Victims Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 327--Improving Assistance to Domestic and Sexual Violence Victims 
        Act of 2009

    S. 327 would make mostly technical changes to the Violence 
Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162). The bill also would make it easier 
for foreign victims of trafficking and certain other crimes to 
maintain U.S. residence. CBO estimates that enacting the bill 
would increase direct spending by $1 million annually. S. 327 
would have no significant effect on revenues.
    Section 114 of S. 327 would permit certain foreign victims 
of trafficking to apply for retroactive extensions of their 
visas (known as ``T'' visas) if they were unable to adjust 
their status to legal permanent resident before their visas 
expired. Based on information from the Department of Homeland 
Security, CBO estimates that 300 aliens with expired T visas 
would apply for retroactive extension of their visas under the 
bill. Once restored to lawful status, T visa holders would 
regain eligibility for certain federal benefits that are also 
available to refugees, such as Medicaid, the Special Nutrition 
Assistance Program (formerly known as Food Stamps), and 
Supplemental Security Income. Based on information from the 
Department of Health and Human Services about refugees' use of 
such public benefits, we estimate that enacting section 114 
would increase federal outlays for those programs by $1 million 
per year and $10 million over the 2010-2019 period.
    Enacting S. 327 could have a small effect on collections of 
visa fees and direct spending of those fees by the Departments 
of State and Homeland Security. Some visa fees collected by the 
Department of State are classified as revenues. CBO estimates 
that any effects on direct spending and revenues would not be 
significant in any year.
    S. 327 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are David Rafferty 
(for effects on federal benefit programs) and Mark Grabowicz 
(for other effects). The estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 327.

                             VI. Conclusion

    The last reauthorization of the Violence Against Women Act 
strengthened and made many improvements to the Act. Sufficient 
time has passed to monitor the bill's implementation, and some 
inconsistencies or unintended consequences have been 
identified. Senate Bill 327 addresses these immediate problems 
through a number of technical amendments. These amendments will 
significantly improve the law's operation and execution. This 
legislation has been created with the assistance of advocates 
and those in the field who work with the Violence Against Women 
Act every day. It is clear that the minor changes in this bill 
will enable victim service providers to do their jobs more 
effectively, and will make meaningful improvements to the lives 
of victims everywhere. The Committee believes that Congress 
should take swift action to strengthen our efforts to combat 
violence against women by passing S. 327 without delay.

                          VII. Minority Views

                   MINORITY VIEWS FROM SENATOR COBURN

    Although I support the goals of S. 327, I have some 
concerns that caused me to withhold my support of this bill in 
the Senate Judiciary Committee. In particular, I am concerned 
about a provision that would effectively gut existing 
protections for victims of sexual assault who wish to have 
their offender tested for HIV. As a physician, I know that such 
timely testing can lead to effective treatment of a victim, 
significantly reducing the chance of infection. Moreover, I am 
concerned about the funding structure of VAWA grants, 
specifically with respect to the ``matching'' formulas that 
determine the amount of federal to state money that is 
required. It is my view that these aspects of S. 327 can and 
should be improved, and that doing so will prove beneficial to 
the victims it aims to serve.

                      HIV TESTING AND PROPHYLAXIS

    In 2005, the Violence Against Women and Department of 
Justice Reauthorization Act (``VAWA Reauthorization Act'') 
passed with an important provision intended to protect women 
who have already been victimized once by sexual assault from 
being assaulted again by either AIDS or the legal system which 
may deny them potentially life-saving information. This 
provision encouraged states and local governments to implement 
laws that provide victims of sexual assault and rape the 
ability to know if the person indicted for the attack is 
infected with HIV. It required the Attorney General to withhold 
5% of the funding under the Grants to Encourage Arrest Policies 
and Enforcement of Protection Orders to a state or local 
government grantee that does not implement such laws. Such laws 
must require the defendant to undergo testing no later than 48 
hours after the date on which the information or indictment is 
presented, and as soon thereafter as is practicable, the 
results of the test must be made available to the victim.
    S. 327, the Improving Assistance to Domestic and Sexual 
Violence Victims Act of 2009, strikes the 2005 language and 
restructures the HIV testing requirements to allegedly ``shift 
the focus of the . . . provision to the needs of the victim, 
instead of focusing on the alleged perpetrator.''\1\ The result 
of the bill's changes could not be further from that goal. I 
agree that victims of sexual assault and rape should be the 
focus of HIV testing requirements. In 2005, many states had no 
laws that required testing of rape suspects for HIV, and the 
2005 VAWA Reauthorization Act changed that. This bill, however, 
would hamper the ability of victims to receive immediate 
treatment, which is vital to fight off HIV.
---------------------------------------------------------------------------
    \1\Summary of changes to S. 327, circulated by Democrat staff 
Wednesday, May 6, 2009, at 4.
---------------------------------------------------------------------------
    S. 327 restructures the HIV testing requirements to allow a 
state or local government grantee to be eligible for full 
funding if it EITHER: (1) certifies it has a law or regulation 
that requires the state or local government to provide HIV 
testing of the victim at the request of the victim OR (2) 
certifies it has a law or regulation that requires that state 
or local government to administer an HIV test to an offender at 
the request of the victim.
    This language has two major problems. First, some claim 
that the bill does not eliminate the original language since 
the bill still allows a state to meet the grant's provisions by 
requiring HIV testing of the offender. Although it is true that 
such testing technically remains an option, the bill allows a 
state or local government to fulfill the requirements for full 
grant funding by EITHER testing the victim OR the offender. It 
is likely that states will choose to test the victim because it 
is easier; however, this fails to accomplish the goal of 
protecting victims from contracting HIV/AIDS because it is the 
timely testing of the offender that reveals crucial information 
about how a victim should be treated. Second, even if a state 
chooses to meet the requirements of the bill by testing the 
offender, the time period allowed for compliance effectively 
eliminates what was required in the 2005 VAWA Reauthorization 
Act, which would have mandated compliance by 2007, and provides 
an extension to non-complying grantees by 4 years (2011).
    From a medical perspective, it is vitally important that 
those who are victims of rape do not also become victims of 
HIV/AIDS, and that requires timely medical attention, including 
prompt testing of the offender. Treatment with AIDS drugs in 
the immediate aftermath, usually within 72 hours, of exposure 
can significantly reduce the chance of infection. However, 
because of the toxicity and long-term side effects, these drugs 
should not be administered for long periods of time without 
knowing if HIV exposure has occurred.
    Victims cannot rely solely on testing themselves because it 
can take weeks, sometimes months, before HIV antibodies can be 
detected. Therefore, testing the assailant is the only timely 
manner in which to determine if someone has been exposed to 
HIV. Furthermore, rapid tests are now available that can 
diagnose HIV infection within 20 minutes with more than 99% 
accuracy.
    The American Medical Association supports this policy 
because ``early knowledge that a defendant is HIV infected 
would allow the victim to gain access to the ever growing 
arsenal of new HIV treatment options. In addition, knowing that 
the defendant was HIV infected would help the victim avoid 
contact which might put others at risk of infection.''\2\ 
Furthermore, the violent nature of the forced sexual contact 
actually increases the chances of transmission.
---------------------------------------------------------------------------
    \2\Passage of the Violence Against Women Act of 2005 and Protecting 
Rape Survivors from HIV/AIDS, Extension of Remarks, Senator Tom Coburn, 
M.D., December 15, 2005.
---------------------------------------------------------------------------
    For example, Eliina Nicole Keitelman testified how she was 
raped at the age of 14 by a 40 year old online predator. 
Incredibly, the uncertainty regarding the HIV status of her 
assailant required Ms. Keitelman to continue living as a victim 
and extended the punishment of the sexual assault. As Ms. 
Keitelman testified:

          My early teen years were spent getting tested and 
        retested for HIV and pregnancy. It was completely 
        humiliating for me to be a child of 14 and 15 going to 
        see the doctor to be tested for HIV and then worrying 
        for days that I could have been infected with HIV by my 
        attacker. When I asked if it would be easier for him to 
        be tested, I was informed that he could not be touched, 
        while I was being poked, prodded and humiliated over 
        and over again.

    Sadly, Ms. Keitelman's situation is not unique. Deidre 
Raver, a survivor of sexual assault and the Co-Founder of Women 
Against Violence, also explained how receiving HIV information 
quickly is essential to protecting a victim of sexual assault: 
``The HIV status of an accused rapist provides necessary 
medical information that allows a victim or a child victim's 
parents and/or legal guardians to make appropriate life saving 
decisions.''
    Thus, obtaining timely HIV information is essential to 
protecting victims of sexual assault. If any change should be 
made to this legislation, it should strengthen the ability of 
assault victims to obtain HIV information. Sadly, S. 327 takes 
away any meaningful hope of victims to obtain this information. 
By allowing state and local governments to meet their funding 
requirements by creating a law or regulation that requires the 
testing of the victim of the sexual assault, this provision 
eviscerates the bipartisan HIV testing amendment agreed to in 
2005. It also allows state and local governments to provide the 
victim with incomplete information--the victim's HIV status--
rather than the assailant's HIV status.
    As Ms. Raver testified, ``[t]esting the victim for HIV does 
not provide accurate information until a much later time period 
because of the time it takes for infection. Denying this data 
to victims is an outrage and is unacceptable. Half of all rapes 
remain unreported. Is it any wonder why, given that the privacy 
rights of rapists continue to be more sacred than the rights of 
rape victims?'' The Children's AIDS Fund has stated that ``when 
it is a child--either a little girl or little boy--that has 
been brutalized, raped or sodomized the need to reduce lifetime 
negative psychological and emotional damage is equally great or 
greater.''
    It is clear that testing the offender rather than the 
victim has incredible benefits to the victim. I realize that 
some believe testing only the offender is somehow not in the 
best interest of the victim, or that somehow, as the ACLU 
claimed in 2005, ``forced HIV testing, even of those convicted 
of a crime, infringes on constitutional rights and can only be 
justified by a compelling governmental interest. No such 
interest is present in the case of a rapist and his victim 
because the result of a rapist's HIV test, even if accurate, 
will not indicate whether the rape victim has been infected.'' 
However, the medical facts are quite obvious why knowledge of 
HIV exposure is vital to victims of sexual assault, and it is 
astonishing that anyone would argue otherwise. In fact, 
numerous court decisions have concluded it is constitutional to 
test indicted rapists.\3\
---------------------------------------------------------------------------
    \3\See, e.g., State in Interest of J.G., 701 A.2d 1260 (N.J. 1997); 
Fosman v. State, 664 So. 2d 1163 (Fla.App. 4 Dist., 1995).
---------------------------------------------------------------------------
    When I worked successfully with Senators Specter and Biden 
to include HIV testing of offenders in the 2005 VAWA 
Reauthorization Act, he received numerous letters from 
individuals and organizations such as the AMA and Women Against 
Violence, providing countless examples of why it is so 
important for offenders to be tested as quickly as possible 
after an attack. In addition, this year's hearing on S. 327 
drew comments from several organizations and witnesses 
confirming the need for prompt offender testing. Organizations 
such as the Children's AIDS Fund and the AIDS Healthcare 
Foundation submitted letters opposing the changes proposed by 
S. 327, and hearing witnesses, Ms. Keitelman and Ms. Raver, 
testified to the consequences of offender only HIV testing.
    For example, in some circumstances, rape defendants have 
even used agreement to submit to and report the results of an 
HIV test to a victim something that could save the life of the 
person they victimized--AE1as a plea bargaining tool to reduce 
their sentence. Ms. Raver testified that ``[t]he information 
concerning the HIV status of an accused rapist can be used to 
reduce sentencing during plea bargaining and has been used as a 
tool in the past.'' What could be more offensive to a victim 
than to know her assailant will serve less time merely because 
he submitted to a test that could be vital to her survival?
    Not only were offender HIV testing provisions adopted in 
the 2005 VAWA Reauthorization, they were also recently accepted 
unanimously in February 2008 in the Indian Health Care bill, 
and were included in the Ryan White CARE Act for emergency 
responders and firefighters from 1994 until 2006, when they 
were removed. However, in May 2009, the Homeland Security and 
Government Affairs Committee re-adopted the Ryan White 
language. This language would allow firefighters and emergency 
responders who are exposed to infectious diseases, including 
HIV, when treating someone to have that person tested for 
infectious diseases within 48 hours. If we believe it is 
important for firefighters to be able to have a person whom 
they were actually helping be tested, is it not even more 
important and obvious that it would be in a sexual assault 
victim's best interest to be given timely information after 
having been forcibly exposed to the bodily fluids of someone 
potentially infected with a life-threatening disease like HIV?
    In the end, this is about victims. It is about their right 
to make the choice whether to have their assailant tested. The 
original language was intentionally drafted narrowly to ensure 
the indicted offender is only tested at the request of the 
victim. If sufficient evidence exists to arrest and jail a rape 
suspect, the victim should have the right to request that 
suspect be tested for HIV. Testing the victim immediately is 
too early for HIV to manifest itself in the victim, and waiting 
until the offender is convicted is too late for life-saving 
treatment if the victim is, in fact, infected.
    I strongly oppose language in S. 327 that significantly 
alters the current HIV offender testing regime. In fact, 
Section 110 would effectively gut the existing requirements, by 
allowing state laws that provide victim-rather than offender-
testing to pass muster. This is a disservice to victims and an 
unjustifiable change in current law.
    Additionally, I am disappointed that this legislation does 
not encourage state and local law enforcement agencies to use 
DNA testing more proactively. Several witnesses testified in 
detail regarding the suffering they endured as victims of 
sexual assault. For example, Eliina Nicole Keitelman testified 
that, as the investigation and trial of her assailant dragged 
on over three years, she ``felt like [she] was being victimized 
over and over again.'' DNA testing helps identify the attackers 
who inflict this suffering, protect the innocent, and provide 
law enforcement with the tools to respond to serial offenders.
    Indeed, the testimony of several witnesses illustrates the 
importance of this tool. In her testimony, Michelle de la Calle 
described how she was repeatedly raped by a stranger she met at 
a small house party. Ms. de la Calle also explained how the DNA 
evidence she collected helped confirm her assailant's identity 
and guilt. Collene Campbell, who testified about the murder of 
her loved ones, urged us to ``[i]ncrease the ability of the 
nation's law enforcement agencies to solve crimes through an 
increased reliance on DNA testing. Every person arrested should 
be required to submit a DNA sample. DNA sampling protects the 
innocent and helps identify the guilty.'' Sally Wolfgang Wells, 
who brought a prosecutor's perspective to the hearing, 
testified that ``DNA testing of suspects ensures that suspects 
are identified as early as possible. . . . Sexual offenses are 
often repetitive crimes. The ability to link crimes to specific 
individuals and to specific geographic areas helps law 
enforcement to put an end to serial offenses sooner.''

                          VAWA GRANT PROGRAMS

    VAWA grant programs are designed to assist states, Indian 
tribes, victim service providers and other grantees in 
effectively reaching out to victims and providing vital 
services to help them recover from all types of abuse. While I 
seriously question the constitutionality of supplying federal 
funds to states and other local grantees for these purposes, 
since they are already in place, I believe the states and other 
grantees should participate significantly in funding services 
for victims in their communities.
    The only way these grantees can ensure fiscal vitality in 
the future is to reduce their dependence on federal funding. 
This can be accomplished by requiring the grantee to match the 
federal portion of VAWA grants. However, current law does not 
require matching for any VAWA grant, except for the Special 
Training Officers and Prosecutors (STOP) grants, which requires 
a 25% match by grantees.
    No doubt VAWA grantees want future funding to be 
consistent. With our federal debt at $11.7 trillion and 
skyrocketing by the day, coupled with Congress' inability to 
control and reduce federal spending on lower priorities, 
grantees should be very concerned about availability of future 
federal funding. Requiring grantees to match federal funds in 
these grants will ensure more fiscal stability for them in the 
future.
    In addition, grantees, especially states, should be able to 
afford their matching portion, as states typically have surplus 
budgets. In 2007, states had a surplus of $65.9 billion\4\ and 
in fiscal year 2008, those balances totaled $50.8 billion.\5\ 
Based on fiscal year 2009 enacted budgets, states still 
maintain a budget surplus of $48 billion.\6\ Yet, the federal 
deficit grew by $593 million\7\ just in the first 4 months of 
2009, and now stands at $11.7 trillion.\8\ The federal 
government's fiscal strength is questionable at best.
---------------------------------------------------------------------------
    \4\The Fiscal Survey of States, National Association of State 
Budget Officers, December 2008, p. viii.
    \5\Id.
    \6\Id.
    \7\CBO Estimate of the President's budget, tables 1-2, 1-3, and 1-
4.
    \8\National Debt Counter, available at www.coburn.senate.gov.
---------------------------------------------------------------------------
    Thus, when a grantee can contribute a higher percentage of 
the total funding, it will likely be more secure financially by 
relying less on the federal government. Also, as a grantee 
invests additional funds into its services, it is more likely 
to remain truly committed to developing new and innovative 
strategies to help victims of crime. The easiest way to ensure 
this occurs is to require the federal government to provide no 
more than 50% of the grant amount. Matching is common in many 
pieces of legislation, and a 50-50 match was recently 
incorporated into the Second Chance Act and the PRO-IP Act of 
2008.
    As mentioned above, STOP Grants are the only VAWA grants 
that require matching from the grantee. That 25% match can be 
provided by the state (the primary grantee) or the subgrantee 
to which the state awards federal funds. Often, the state 
provides the match for the subgrantee.
    However, this bill would allow grantees that are Indian 
tribes or victim service providers to be exempt from the 
matching requirement. These grants provide federal funds to 
benefit victims in state and local communities and within 
Indian tribes. Those administering the services and receiving 
federal funds should, at the very least, provide funding equal 
to the federal government's share, so that their victims can 
reap important benefits that will not disappear when federal 
funds are no longer available--a highly probable outcome with 
the federal government's deficit and out of control spending. 
Again, the only way these grantees can ensure fiscal vitality 
and consistent support of victims in the future is to reduce 
their dependence on federal funding.
    Nowhere in the Constitution is the federal government 
tasked with providing states, localities, and private 
organizations with basic funding. Although many of these causes 
are laudable, they are not federal responsibilities. At the 
very least, grantees should share equally when the federal 
government provides funding to support their activities.
                                                        Tom Coburn.

                  MINORITY VIEWS FROM SENATOR SESSIONS

    A number of the immigration provisions in this bill are 
emblematic of the underlying immigration problem. At least 
three of those provisions should be modified or removed.
    Section 114 of the bill adds a provision that would allow 
an alien to apply for an extension of a T (victims of 
trafficking) visa retroactively after it has expired. While it 
is a desirable and admirable goal to protect those who have 
legitimately been victims of trafficking, we must also ensure 
that our immigration system is not subject to fraud. Because of 
a delay by DHS in issuing certain regulations, some T visa 
holders fell out of status due to no fault of their own. We 
should allow those impacted by DHS' delay to apply for an 
extension of status even though their visa has expired. The 
bill as drafted would place no limit on when those extensions 
must be filed and would excuse those not impacted by the DHS 
error indefinitely. It is an open invitation for fraud and 
administratively unworkable.
    Additionally, section 115 amends 22 U.S.C. 
Sec. 7105(b)(1)(E)(i)(II)(aa) and 8 U.S.C. Sec. 1184(p)(6) to 
strike ``bona fide,'' or good faith, with ``prima facie'' for 
certification purposes when individuals make applications for T 
or U visas. This lessens the degree of scrutiny for those 
making applications in these visa categories. Unfortunately, 
our immigration system is rife with fraud and until 
administrative changes are made to remedy this, we should not 
lower the standards which must be met for people to come into 
the country. We certainly should not do so under the current 
circumstances.
    Finally, section 116 opens up chain migration in the U visa 
category. Section 245(m) of the Immigration and Nationality Act 
allows the Secretary of DHS to adjust the status of U 
nonimmigrant visa holders to Legal Permanent Resident status if 
certain requirements are met. It also allows the Secretary to 
adjust the status of the U visa holder's spouse, child or 
parent (if it is an alien child under 21). Section 116 would 
add unmarried siblings under to the category of those related 
to the U visa holder whose status can be adjusted to LPR. There 
is no limit on these ``unmarried'' siblings from later 
petitioning others. While family is an important component to 
immigration, our limited resources limit the ability to allow 
everyone affiliated with a visa holder to enter the country.
    Additionally, I endorse the minority views of Senator 
Coburn regarding HIV testing and grant structure.
                                                     Jeff Sessions.

      VIII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 327, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 8--ALIENS AND NATIONALITY

           *       *       *       *       *       *       *


CHAPTER 12--IMMIGRATION AND NATIONALITY

           *       *       *       *       *       *       *


Subchapter II--Immigration

           *       *       *       *       *       *       *


    PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF 
CITIZENS AND ALIENS

           *       *       *       *       *       *       *


Sec. 1184. Admission of nonimmigrants

           *       *       *       *       *       *       *


    (o) Trafficking in Persons; Conditions of Nonimmigrant 
Status.--

           *       *       *       *       *       *       *

                  (D) An alien may apply for extension of 
                status under subparagraph (B) retroactively 
                after the expiration of non-immigrant status 
                under subparagraph 101(a)(15)(T).
    (p) Requirements Applicable to Section 1101(a)(15)(U) 
Visas.--

           *       *       *       *       *       *       *

          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        1101(a)(15)(U) of this title shall be for a period of 
        not more than 4 years, but shall be extended upon 
        certification from a Federal, State, or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State, or local authority investigating or 
        prosecuting criminal activity described in section 
        1101(a)(15)(U)(iii) of this title that the alien's 
        presence in the United States is required to assist in 
        the investigation or prosecution of such criminal 
        activity. The Secretary of Homeland Security may 
        extend, beyond the 4-year period authorized under this 
        section, the authorized period of status of an alien as 
        a nonimmigrant under section 1101(a)(15)(U) of this 
        title if the Secretary determines that an extension of 
        such period is warranted due to exceptional 
        circumstances. Such alien's nonimmigrant status shall 
        be extended beyond the 4-year period authorized under 
        this section if the alien is eligible for relief under 
        section 1255(m) of this title and is unable to obtain 
        such relief because regulations have not been issued to 
        implement such section and shall be extended during the 
        pendency of an application for adjustment of status 
        under section 1255(m) of this title. The Secretary may 
        grant work authorization to any alien who has a 
        pending, [bona fide] prima facie application for 
        nonimmigrant status under section 1101(a)(15)(U) of 
        this title.

           *       *       *       *       *       *       *


PART V--ADJUSTMENT AND CHANGE OF STATUS

           *       *       *       *       *       *       *


Sec. 1255. Adjustment of Status of Nonimmigrant to that of person 
                    admitted for permanent residence

           *       *       *       *       *       *       *


    (m) Adjustment of Status for Victims of Crimes Against 
Women.--

           *       *       *       *       *       *       *

          (3) Upon approval of adjustment of status under 
        paragraph (1) of an alien described in section 
        1101(a)(15)(U)(i) of this title the Secretary of 
        Homeland Security may adjust the status of or issue an 
        immigrant visa to a spouse, a child, or, in the case of 
        an alien child, a parent or an unmarried sibling under 
        18 years of age on the date of such application for 
        adjustment of status under paragraph (1), who did not 
        receive a nonimmigrant visa under section 
        1101(a)(15)(U)(ii) of this title if the Secretary 
        considers the grant of such status or visa necessary to 
        avoid extreme hardship.

           *       *       *       *       *       *       *


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *


Sec. 2241. Aggravated sexual abuse

    (a) By Force of Threat.--

           *       *       *       *       *       *       *

          (2) by threatening or placing that other person in 
        fear that any person will be subjected to death, 
        serious bodily injury, or kidnapping; or attempts to do 
        so, shall be fined under [this title, imprisoned for 
        any term of year or life, or both] this title and 
        imprisoned for any term of years not less than 5, or 
        for life.

CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

           *       *       *       *       *       *       *


Sec. 2265. Full faith and credit given to protection orders

           *       *       *       *       *       *       *


    (d) Notification and Registration.--

           *       *       *       *       *       *       *

          [(3) Limits on Internet publication of registration 
        information.--A State, Indian tribe, or territory shall 
        not make available publicly on the Internet any 
        information regarding the registration, filing of a 
        petition for, or issuance of a protection order, 
        restraining order or injunction, 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. A 
        State, Indian tribe, or territory may share court-
        generated and law enforcement-generated information 
        contained in secure, governmental registries for 
        protection order enforcement purposes.]

           *       *       *       *       *       *       *


TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

           *       *       *       *       *       *       *


CHAPTER 78--TRAFFICKING VICTIMS PROTECTION ACT

           *       *       *       *       *       *       *



Sec. 7105. Protection and assistance for victims of trafficking

           *       *       *       *       *       *       *


    (b) Victims in the United States.--
          (1) Assistance.--

           *       *       *       *       *       *       *

                  (E) Certification.--
                          (i) In general.--

           *       *       *       *       *       *       *

                                  (II)(aa) has made a [bona 
                                fide] prima facie application 
                                for a visa under section 
                                1101(a)(15)(T) of Title 8, as 
                                added by subsection (e) of this 
                                section, that has not been 
                                denied; or

           *       *       *       *       *       *       *


TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 8--LOW-INCOME HOUSING

           *       *       *       *       *       *       *



Sec. 1436a. Restriction on use of assisted housing by non-resident 
                    aliens

    (a) Conditions for Assistance.--

           *       *       *       *       *       *       *

          (6) an alien lawfully admitted for temporary or 
        permanent residence under section 1255a of Title 8; 
        [or]
          (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
          [(7)] (8) an alien who is lawfully resident in the 
        United States and its territories and possessions under 
        section 141 of the Compacts of Free Association between 
        the Government of the United States and the Governments 
        of the Marshall Islands, the Federated States of 
        Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 
        1931 note) while the applicable section is in effect: 
        Provided, That, within Guam any such alien shall not be 
        entitled to a preference in receiving assistance under 
        this Act over any United States citizen or national 
        resident therein who is otherwise eligible for such 
        assistance.

           *       *       *       *       *       *       *

    (c) Preservation of Families; Students.--
          (1) If, following completion of the applicable 
        hearing process, financial assistance for any 
        individual receiving such assistance on February 5, 
        1988, is to be terminated, the public housing agency or 
        other local governmental entity involved (in the case 
        of public housing or assistance under section 8 of the 
        United States Housing Act of 1937 [42 U.S.C.A. 
        Sec. 1437f]) or the applicable Secretary (in the case 
        of any other financial assistance) shall take one of 
        the following actions:
                  (A) Permit the continued provision of 
                financial assistance, if necessary to avoid the 
                division of a family in which the head of 
                household or spouse is a citizen of the United 
                States, a national of the United States, or an 
                alien resident of the United States described 
                in any of paragraphs (1) through [(6)] (7) of 
                subsection (a) of this section. For purposes of 
                this paragraph, the term ``family'' means a 
                head of household, any spouse, any parents of 
                the head of household, any parents of the 
                spouse, and any children of the head of 
                household or spouse. Financial assistance 
                continued under this subparagraph for a family 
                may be provided only on a prorated basis, under 
                which the amount of financial assistance is 
                based on the percentage of the total number of 
                members of the family that are eligible for 
                that assistance under the program of financial 
                assistance and under this section.

           *       *       *       *       *       *       *

          (2) Notwithstanding any other provision of law, the 
        applicable Secretary may not make financial assistance 
        available for the benefit of--
                  (A) any alien 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) 
                who--

           *       *       *       *       *       *       *


Subchapter I--General Program of Assisted Housing

           *       *       *       *       *       *       *



Sec. 1437d. Contract provisions and requirements; loans and annual 
                    contributions

           *       *       *       *       *       *       *


    (u) Certification and Confidentiality.--
          (1) Certification.--
                  (A) In general.--A public housing agency 
                responding to subsection (l)(5) and (6) of this 
                section may request that an individual certify 
                via a HUD approved certification form, as 
                described in subparagraph (C), that the 
                individual is a victim of domestic violence, 
                dating violence, or stalking, and that the 
                incident or incidents in question are bona fide 
                incidents of such actual or threatened abuse 
                and meet the requirements set forth in the 
                aforementioned paragraphs. Such certification 
                shall include the name of the perpetrator. The 
                individual shall provide such certification 
                within 14 business days after the individual 
                receives a request for such certification from 
                the public housing agency.

           *       *       *       *       *       *       *


Sec. 1437f. Low-income housing assistance

           *       *       *       *       *       *       *


    (ee) Certification and Confidentiality.--
          (1) Certification.--
                  (A) In general.--An owner, manager, or public 
                housing agency responding to subsections 
                (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), 
                (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) of 
                this section may request that an individual 
                certify via a HUD approved certification form, 
                as described in subparagraph (C), that the 
                individual is a victim of domestic violence, 
                dating violence, or stalking, and that the 
                incident or incidents in question are bona fide 
                incidents of such actual or threatened abuse 
                and meet the requirements set forth in the 
                aforementioned paragraphs. Such certification 
                shall include the name of the perpetrator. The 
                individual shall provide such certification 
                within 14 business days after the individual 
                receives a request for such certification from 
                the owner, manager, or public housing agency.

           *       *       *       *       *       *       *


CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *



Subchapter XII-H. Grants to Combat Violent Crimes Against Women

           *       *       *       *       *       *       *



Sec. 3796gg-1. State grants

           *       *       *       *       *       *       *


    (c) Qualification.--

           *       *       *       *       *       *       *

          (3) Of the amount granted.--

           *       *       *       *       *       *       *

                  (C) not less than 5 percent shall be 
                allocated for State and local courts (including 
                juvenile courts); [and] 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

           *       *       *       *       *       *       *

    (d) Application Requirements.--

           *       *       *       *       *       *       *

          (3) proof of compliance with the requirements for 
        paying filing and service fees for domestic violence 
        cases provided in section 3796gg-5 of this title; [and]
          (4) documentation showing that tribal, territorial, 
        State or local prosecution, law enforcement, and courts 
        have consulted with tribal, territorial, State, or 
        local victim service programs during the course of 
        developing their grant applications in order to ensure 
        that proposed services, activities and equipment 
        acquisitions are designed to promote the safety, 
        confidentiality, and economic independence of victims 
        of domestic violence, sexual assault, stalking, and 
        dating violence[.]; and
          (5) proof of compliance with the requirements 
        prohibiting the publication or protection order 
        information on the Internet under section 2013A.

           *       *       *       *       *       *       *

    (e) Disbursement.--

           *       *       *       *       *       *       *

          (2) Regulations.--

           *       *       *       *       *       *       *

                  (D) recognize and meaningfully respond to the 
                needs of underserved populations and ensure 
                that monies set aside to fund [linguistically 
                and culturally] culturally and linguistically 
                specific services and activities for 
                underserved populations are distributed 
                equitably among those populations.

           *       *       *       *       *       *       *

    (f) Federal Share.--
    [The Federal share of a grant made under this subchapter 
may not exceed 75 percent of the total costs of the projects 
described in the application submitted.]
          (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.

           *       *       *       *       *       *       *


Sec. 3796gg-5. Costs for criminal charges and protection orders

    (a) In General.--A State, Indian tribal government, or unit 
of local government, shall not be entitled to funds under this 
subchapter unless the State, Indian tribal government, or unit 
of local government--
          (1) certifies that its laws, policies, and practices 
        do not require, in connection with the prosecution of 
        any misdemeanor or felony domestic violence offense, or 
        in connection with the filing, issuance, registration, 
        or service of a protection order, or a petition for a 
        protection order, to protect a victim of domestic 
        violence, dating violence, stalking, or sexual assault, 
        that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the 
        costs associated with the filing, issuance, 
        registration, or service of a warrant, protection 
        order, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction; or

           *       *       *       *       *       *       *


Sec. 3796hh. Grants

           *       *       *       *       *       *       *


    (c) Eligibility.--

           *       *       *       *       *       *       *

          (4) certify that their laws, policies, and practices 
        do not require, in connection with the prosecution of 
        any misdemeanor or felony domestic violence offense, or 
        in connection with the filing, issuance, registration, 
        or service of a protection order, or a petition for a 
        protection order, to protect a victim of domestic 
        violence, dating violence, stalking, or sexual assault, 
        that the victim bear the costs associated with the 
        filing of criminal charges against the offender, or the 
        costs associated with the filing, issuance, 
        registration, or service of a warrant, protection 
        order, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction; and

           *       *       *       *       *       *       *


Sec. 3796gg-8. Polygraph testing prohibition

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


Sec. 3796gg-4. Rape exam payments

    (a) Restriction of Funds.--
          (1) In general.--A State, Territory, Indian tribal 
        government, or unit of local government, shall not be 
        entitled to funds under this subchapter unless the 
        State, Territory, Indian tribal government, unit of 
        local government, or another governmental entity incurs 
        the full out-of-pocket cost of forensic medical exams 
        described in subsection (b) of this section for victims 
        of sexual assault.
          (2) Redistribution.--Funds withheld from a State, 
        Territory, or unit of local government under paragraph 
        (1) shall be distributed to other States, Territories, 
        or units of local government pro rata. Funds withheld 
        from an Indian tribal government under paragraph (1) 
        shall be distributed to other Indian tribal governments 
        pro rata.
    (b) Medical Costs.--A State, Territory, Indian tribal 
government, or unit of local government shall be deemed to 
incur the full out-of-pocket cost of forensic medical exams for 
victims of sexual assault if any government entity--

           *       *       *       *       *       *       *

                  (D) the State, Territory, Indian tribal 
                government, unity of local government, or 
                reimbursing governmental entity provides 
                information at the time of the exam to all 
                victims, including victims with limited or no 
                English proficiency, regarding how to obtain 
                reimbursement.
    (c) Use of Funds.--A State, Territory, or Indian tribal 
government may use Federal grant funds under this subchapter to 
pay for forensic medical exams performed by trained examiners 
for victims of sexual assault, except that such funds may not 
be used to pay for forensic medical exams by and State, 
Territory, Indian tribal government, or territorial government 
that requires victims of sexual assault to seek reimbursement 
for such exams from their insurance carriers.

           *       *       *       *       *       *       *

    (e) Judicial Notification.--
          (1) In general.--A State, Territory, or unit of local 
        government shall not be entitled to funds under this 
        subchapter unless the State, Territory, or unit of 
        local government--

           *       *       *       *       *       *       *


Sec. 3796gg-10. Grants to Indian tribal governments

    (a) Grants.--The Attorney General may make grants to Indian 
tribal governments or authorized designees of Indian tribal 
governments to--
          (1) develop and enhance effective governmental 
        strategies to curtail violent crimes against and 
        increase the safety of Indian women [consistent with 
        tribal law and custom;].

           *       *       *       *       *       *       *

          [(4) enhance services to Indian women victimized by 
        domestic violence, dating violence, sexual assault, and 
        stalking;] (4) Report._Beginning not later than 2 years 
        after the date of enactment of the Act, the Attorney 
        General shall submit an annual report, an 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.

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


 Subchapter XII-I--Grants To Encourage Arrest Policies and Enforcement 
of Protection Orders

           *       *       *       *       *       *       *



Sec. 3796hh. Grants

           *       *       *       *       *       *       *


    (b) Grant Authority.--The Attorney General may make grants 
to eligible States, Indian tribal governments State, tribal, 
territorial, and local courts (including juvenile courts), or 
units of local government for the following purposes:

           *       *       *       *       *       *       *

          (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.
          (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. 

           *       *       *       *       *       *       *

    [(d) Speedy Notice to Victims.--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 at 
                the request of a victim to administer to a 
                defendant, against whom an information or 
                indictment is presented for a crime in which by 
                force or threat of force the perpetrator 
                compels the victim to engage in sexual 
                activity, testing for the immunodeficiency 
                virus (HIV) not later than 48 hours after the 
                date on which the information or indictment is 
                presented;
                  (B) as soon as practicable notification to 
                the victim, or parent and guardian of the 
                victim, and defendant of the testing results; 
                and
                  (C) follow-up tests for HIV 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); or
          (2) gives the Attorney General assurances that its 
        laws and regulations will be in compliance with 
        requirements of paragraph (1) within the later of--
                  (A) the period ending on the date on which 
                the next session of the State legislature ends; 
                or
                  (B) 2 years.]
    (d) HIV Testing and Phophylaxis.--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 
                provide immediately and without charge, at the 
                request of a victim of sexual assault that 
                carries the risk of transmission of the human 
                immunodeficiency virus (in this subsection 
                referred to as ``HIV''), to the victim--
                          (i) an HIV test;
                          (ii) counseling regarding the risk of 
                        transmission of HIV and available 
                        treatments; and
                          (iii) HIV prophylaxis, as described 
                        in guidance set forth by the Centers 
                        for Disease Control and Prevention;
                  (B) notification as soon as practicable of 
                the testing 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
                  (C) followup tests for HIV as may be 
                medically appropriate and that, as soon as 
                practicable after each test, the results be 
                made available in accordance with subparagraph 
                (B);
          (2) 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 described in 
                clause (i) if--
                          (i) requested by a victim of a sexual 
                        assault that carries the risk of 
                        transmission of HIV;
                          (ii) there has been a finding of 
                        probably cause that the offender 
                        committed the sexual assault; and
                          (iii) 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 
                offender; and
                  (C) followup tests for HIV 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); or
          (3) gives the Attorney General assurances that its 
        law and regulations will be in compliance with the 
        requirements of paragraph (1) or (2) 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.

           *       *       *       *       *       *       *


CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

           *       *       *       *       *       *       *



Subchapter III--Violence Against Women

           *       *       *       *       *       *       *



Sec. 13925. Definitions and grant provisions

    (a) Definitions.--

           *       *       *       *       *       *       *

          (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.
          [(6)] (8) Domestic violence.--

           *       *       *       *       *       *       *

          [(7)] (9) Dating partner.--

           *       *       *       *       *       *       *

          [(8)] (10) Dating violence.--

           *       *       *       *       *       *       *

          [(9)] (11) Elder abuse.--

           *       *       *       *       *       *       *

          [(10)] (12) Indian.--

           *       *       *       *       *       *       *

          [(11)] (13) Indian country.--

           *       *       *       *       *       *       *

          [(12)] (14) Indian housing.--

           *       *       *       *       *       *       *

          [(13)] (15) Indian tribe.--

           *       *       *       *       *       *       *

          [(14)] (16) Indian law enforcement.--

           *       *       *       *       *       *       *

          [(15)] (17) Law enforcement.--

           *       *       *       *       *       *       *

          [(16)] (18) Legal assistance.--

           *       *       *       *       *       *       *

          [(17) Linguistically and culturally specific 
        services.--The term ``linguistically and culturally 
        specific services'' means community-based services that 
        offer full linguistic access and culturally specific 
        services and resources, including outreach, 
        collaboration, and support mechanisms primarily 
        directed toward underserved communities.]
          [(18)] (19) Personally identifying information or 
        personal information.--The term ``personally 
        identifying information'' or ``personal information'' 
        means individually identifying information for or about 
        an individual including information for or about an 
        individual including information likely to disclose the 
        location of a victim of domestic violence, dating 
        violence, sexual assault, or stalking, regardless of 
        whether the information is encoded, encrypted, hashed, 
        or otherwise protected, including--

           *       *       *       *       *       *       *

          [(19)] (20) Prosecution.--

           *       *       *       *       *       *       *

          [(20)] (21) Protection order or restraining order.--

           *       *       *       *       *       *       *

          [(21)] (22) Rural area and rural community.--

           *       *       *       *       *       *       *

          [(22)] (23) Rural state.--The term ``rural State'' 
        means a State that has a population density of 52 of 
        fewer persons per square mile or a State in which the 
        largest county has fewer than [150,000] 200,000 people, 
        based on the most recent decennial census.
          [(23)] (24) Sexual assault.--

           *       *       *       *       *       *       *

          [(24)] (25) Stalking.--

           *       *       *       *       *       *       *

          [(25)] (26) State.--

           *       *       *       *       *       *       *

          [(26)] (27) State domestic violence coalition.--

           *       *       *       *       *       *       *

          [(27)] (28) State sexual assault coalition.--

           *       *       *       *       *       *       *

          [(28)] (29) Territorial domestic violence or sexual 
        assault coalition.--

           *       *       *       *       *       *       *

          [(29)] (30) Tribal coalition.--

           *       *       *       *       *       *       *

          [(30)] (31) Tribal government.--

           *       *       *       *       *       *       *

          [(31)] (32) Tribal nonprofit organization.--

           *       *       *       *       *       *       *

          [(32)] (33) Tribal organization.--

           *       *       *       *       *       *       *

          [(33)] (34) Underserved populations.--

           *       *       *       *       *       *       *

          [(34)] (35) Victim advocate.--

           *       *       *       *       *       *       *

          [(35)]] (36) Victim assistant.--

           *       *       *       *       *       *       *

          [(36)] (37) Victim services or victim service 
        provider.--

           *       *       *       *       *       *       *

          [(37) Youth.--The term ``youth'' means teen and young 
        adult victims of domestic violence, dating violence, 
        sexual assault, or stalking.] (38) Youth.--The term 
        ``youth'' means an individual who is between 12 and 24 
        years of age.
          (39) 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.
    (b) Grant Conditions.--
          (1) Match.--No matching funds shall be required for 
        any grant or subgrant made under this [Act] title for--
                  (A) any tribe, territory, or victim service 
                provider; or
                  (B) any other entity, including a State, 
                [that--] that the Attorney General determines 
                has adequately demonstrated financial need.
                          [(i) petitions for a waiver of any 
                        match condition imposed by the Attorney 
                        General or the Secretaries of Health 
                        and Human Services or Housing and Urban 
                        Development; and
                          (ii) whose petition for waiver is 
                        determined by the Attorney General or 
                        the Secretaries of Health and Human 
                        Services or Housing and Urban 
                        Development to have adequately 
                        demonstrated the financial need of the 
                        petitioning entity.]
          (2) Nondisclosure of confidential or private 
        information.--
                  (A) In general.--In order to ensure the 
                privacy and safety of adult, youth, and child 
                victims of domestic violence, dating violence, 
                sexual assault, or stalking, and their 
                families, grantees and subgrantees under this 
                subchapter shall protect the confidentiality 
                and privacy of persons receiving services.
                  (B) Nondisclosure.--Subject to subparagraphs 
                (C) [and (D)], (D), (E), (F), (G), and (H), 
                grantees and subgrantees shall not--
                          (i) disclose, reveal, or release, any 
                        personally indentifying information or 
                        individual information, regardless of 
                        whether the information is encoded, 
                        encrypted, hashed, or otherwise 
                        protected, collected in connection with 
                        services requested, utilized, or denied 
                        through grantees' and subgrantees' 
                        programs; or
                          (ii) [reveal] disclose, reveal, or 
                        release individual client information 
                        without the informed, written, 
                        reasonably time-limited [consent] 
                        consent or authorization of the person 
                        (or in the case of an unemancipated 
                        minor, the minor and the parent or 
                        guardian or in the case of [persons 
                        with disabilities] a person with a 
                        court-appointed guardian, the guardian) 
                        about whom information is sought, 
                        whether for this program or any other 
                        Federal, State, tribal, or territorial 
                        grant program, except that [consent] 
                        consent or authorization for release 
                        may not be given by the abuser of the 
                        minor, person with disabilities, or the 
                        abuser of the other parent of the 
                        minor.
                  (C) Release.--If disclosure, revelation, or 
                release of information described in 
                subparagraph (B) is compelled by statutory or 
                court mandate--
                          (i) grantees and subgrantees shall 
                        make reasonable attempts to provide 
                        notice to victims affected by the 
                        disclosure, revelation, or release of 
                        information; and
                          (ii) grantees and subgrantees shall 
                        name steps necessary to protect the 
                        privacy and safety of the persons 
                        affected by the disclosure, revelation, 
                        or release of the information.
                  (D) Information sharing.--

           *       *       *       *       *       *       *

                  (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 abuse 
                of the other parent of a minor.
                  [(E)] (H) Oversight.--Nothing in this 
                paragraph shall prevent the Attorney General 
                from disclosing grant activities authorized in 
                this Act to the chairman and ranking members of 
                the Committee on the Judiciary of the House of 
                Representatives and the Committee on the 
                Judiciary of the Senate exercising 
                Congressional oversight authority. All 
                disclosures shall protect confidentiality and 
                omit personally identifying information, 
                including location information about 
                individuals.

           *       *       *       *       *       *       *

          (11) Technical assistance.--Of the total amounts 
        appropriated under this subchapter, not less than 3 
        percent and up to 8 percent, unless otherwise noted, 
        shall be available for providing training and technical 
        assistance relation to the purposes of this subchapter 
        to improve the capacity of grantees, subgrantees, and 
        other entities. If there is a demonstrated history that 
        the Office on Violence Against Women has previous set 
        aside amounts greater than 8 percent for technical 
        assistance and training relation to grant programs 
        authorized under this subchapter, the Office has the 
        authority to continue setting aside amounts greater 
        than 8 percent. 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.

           *       *       *       *       *       *       *


Subchapter III--Violence Against Women

           *       *       *       *       *       *       *



PART L--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE AGAINST 
WOMEN AND CHILDREN

           *       *       *       *       *       *       *


Sec. 14043d-3. Development of curricula and pilot programs for home 
                    visitation projects

    (a) Grants Authorized.--
          (1) In general.--The [Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in collaboration with the Department of 
        Health and Human Services,] Secretary of Health and 
        Human Services (in this section referred to as the 
        ``Secretary''), acting through the Administration for 
        Children, Youth, and Families, shall award grants on a 
        competitive basis to home visitation programs, in 
        collaboration with victim service providers, for the 
        purposes of developing and implementing model policies 
        and procedures to train home visitation service 
        providers on addressing domestic violence, dating 
        violence, sexual assault, and stalking in families 
        experiencing violence, or at risk of violence, to 
        reduce the impact of that violence on children, 
        maintain safety, improve parenting skills, and break 
        intergenerational cycles of violence.
          (2) Term.--The [Director] Secretary shall make the 
        grants under this section for a period of 2 fiscal 
        years.
          (3) Award basis.-- The [Director] Secretary shall--

           *       *       *       *       *       *       *

    (d) Grantee Requirements.--Under this section, an entity 
shall--
          (1) prepare and submit to the [Director] Secretary an 
        application at such time, in such manner, and 
        containing such information as the [Director] Secretary 
        may require; and

           *       *       *       *       *       *       *


 PART M--ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, 
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

           *       *       *       *       *       *       *


Sec. 14043e-3. Collaborative grants to increase the long-term stability 
                    of victims

           *       *       *       *       *       *       *


    (f) Underserved Populations and Priorities.--In awarding 
grants under this section, the Secretary of Health and Human 
Services shall--
          (1) give priority to [linguistically and culturally] 
        culturally and linguistically specific services;

           *       *       *       *       *       *       *


Sec. 14043e-4. Grants to combat violence against women in public and 
                    assisted housing

           *       *       *       *       *       *       *


    (c) Eligible Grantees.--

           *       *       *       *       *       *       *

          (2) Submission required for all grantees.--

           *       *       *       *       *       *       *

                  (D) plans are developed that establish 
                meaningful consultation and coordination with 
                local victim service providers, tenant 
                organizations, [linguistically and culturally] 
                culturally and linguistically specific service 
                providers, State domestic violence and sexual 
                assault coalitions, and, where they exist, 
                tribal domestic violence and sexual assault 
                coalitions; and

           *       *       *       *       *       *       *


PART N--NATIONAL RESOURCE CENTER

           *       *       *       *       *       *       *


Sec. 14043f. Grant for national resource center on workplace responses 
                    to assist victims of domestic and sexual violence

    (a) Authority.--
          [The Attorney General] (1) In general._The Attorney 
        General, acting through the Director of the Office on 
        Violence Against Women, may award a grant to an 
        eligible nonprofit nongovernmental entity or tribal 
        organization, in order to provide for the establishment 
        and operation of a national resource center on 
        workplace responses to assist victims of domestic and 
        sexual violence. [The resource center shall provide 
        information and assistance to employers and labor 
        organizations to aid in their efforts to develop and 
        implement responses to such violence.]
          (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) Applications.--

           *       *       *       *       *       *       *

          (3) a plan for developing materials and training [for 
        materials] for employers that address the needs of 
        employees in cases of domestic violence, dating 
        violence, sexual assault, and stalking impacting the 
        workplace, including the needs of underserved 
        communities.

           *       *       *       *       *       *       *

    (c) Use of Grant Amount.--
                  (1) In general.--An entity or organization 
                that receives a grant under this section may 
                use the funds made available through the grant 
                for staff salaries, travel expenses, equipment, 
                printing, and other reasonable expenses 
                necessary to develop, maintain, and disseminate 
                to employers [and labor organizations], labor 
                organizations, victim service providers, 
                community-based organizations, State domestic 
                violence coalitions, State sexual assault 
                coalitions, and tribal coalitions, described in 
                subsection (a) of this section, information and 
                assistance concerning workplace responses to 
                assist victims of domestic or sexual violence.

           *       *       *       *       *       *       *


PART N-1--SEXUAL ASSAULT SERVICES

           *       *       *       *       *       *       *


Sec. 14043g. Sexual assault services program\1\
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    \1\Note that the reference at Section 111(e) to 42 U.S.C. 
Sec. 3796gg-9 is incorrect. This section was repealed by Pub.L. 109-
271, Sec. 3(a), Aug. 12, 2006, 120 Stat. 754, and placed at a different 
location within the Code. The section to be amended now appears at 42 
U.S.C. Sec. 14043g, and contains language identical to that formerly 
located at 42 U.S.C. Sec. 3796gg-9. This is a drafting error.

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    (b) Grants to States and Territories.--
          (1) Grants authorized.--The Attorney General shall 
        award grants to States and territories to support the 
        establishment, maintenance, and expansion of rape 
        crisis centers [and other programs and projects] to 
        assist those victimized by sexual assault.
          (2) Allocation and use of funds.--

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                  (B) Grant funds.--Any funds received by a 
                State or territory under this subsection that 
                are not used for administrative costs shall be 
                used to provide grants to rape crisis centers 
                [and other nonprofit, nongovernmental 
                organizations for programs and activities] 
                within such State or territory that provide 
                direct intervention and related assistance to 
                sexual assault victims.
                  (C) Intervention and related assistance.--

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                          (v) community-based, [linguistically 
                        and culturally] culturally and 
                        linguistically specific services and 
                        support mechanisms, including outreach 
                        activities for underserved communities; 
                        and

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    (c) Grants for Culturally Specific Programs Addressing 
Sexual Assault.--

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          (2) Eligible entities.--To be eligible to receive a 
        grant under this section, an entity shall--
                  (A) be a private nonprofit organization [that 
                focuses primarily on] whose primary mission is 
                to address one or more culturally specific 
                communities;

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                  (C) have expertise in the development of 
                community-based, [linguistically and 
                culturally] culturally and linguistically 
                specific outreach and intervention services 
                relevant for the specific communities to whom 
                assistance would be provided or have the 
                capacity to link to existing services in the 
                community tailored to the needs of culturally 
                specific populations; and

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          (4) Distribution.--

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                  (B) Up to 5 percent of funds appropriated 
                under this subsection in any year shall be 
                available for technical assistance by a 
                national, nonprofit, nongovernmental 
                organization or organizations whose primary 
                focus and expertise is in addressing sexual 
                assault within [underserved] culturally 
                specific populations.

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PART P--MISCELLANEOUS AUTHORITIES

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Sec. 14045a. Enhancing culturally and linguistically specific services 
                    for victims of domestic violence, dating violence, 
                    sexual assault, and stalking

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    (b) Purpose of Program and Grants.--
          (1) General program purpose.--The purpose of the 
        program required by this section is to promote:
                  (A) The maintenance and replication of 
                existing successful services in domestic 
                violence, dating violence, sexual assault, and 
                stalking community-based programs providing 
                culturally and linguistically specific services 
                and other resources for culturally and 
                linguistically specific populations.
                  (B) The development of innovative culturally 
                and linguistically specific strategies and 
                projects to enhance access to services and 
                culturally and linguistically specific 
                resources for victims of domestic violence, 
                dating violence, sexual assault, and stalking 
                who face obstacles to using more traditional 
                services and resources.
          (2) Purposes for which grants may be used.--

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                  (G) providing [culturally and linguistically] 
                culturally and linguistically specific 
                resources and services that address the safety, 
                economic, housing, and workplace needs of 
                victims of domestic violence, dating violence, 
                sexual assault, or stalking, including 
                emergency assistance; or

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