II 

Calendar No. 59 

111TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2009 

Mr. LEAHY (for himself, Mr. HATCH, Mr. KAUFMAN, and Ms. KLOBUCHAR) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

MAY 7, 2009 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Violence Against Women Act of 1994 and 

the Omnibus Crime Control and Safe Streets Act of 

1968 to improve assistance to domestic and sexual violence victims and provide for technical corrections. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Improving Assistance 

3 to Domestic and Sexual Violence Victims Act of 2009’’. 

4 SEC. 2. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS 

5 UNDER VAWA. 

6 (a) YOUTH DEFINITION.—Section 40002(a)(37) of 

7 the Violence Against Women Act of 1994 (42 U.S.C. 

8 13925(a)(37)) is amended to read as follows: 

9 ‘‘(37) YOUTH.—The term ‘youth’ means indi10 viduals who are between the ages of 12 and 24.’’. 

11 (b) EXPERTISE REQUIREMENT.—Section 

12 40002(b)(11) of the Violence Against Women Act of 1994 

13 (42 U.S.C. 13925(b)(11)) is amended by adding at the 

14 end the following: ‘‘The Director of the Office on Violence 

15 Against Women shall ensure that training or technical as16 sistance will be developed and provided by entities having 

17 demonstrated expertise in the purposes, uses of funds, and 

18 other aspects of the grant program for which such training 

19 or technical assistance is provided.’’. 

20 (c) MATCHING REQUIREMENT.—Section 40002(b)(1) 

21 of the Violence Against Women Act of 1994 (42 U.S.C. 

22 13925(b)(1)) is amended to read as follows: 

23 ‘‘(1) MATCH.—No matching funds shall be re24 quired for a grant or subgrant made under this title 

25 for— 


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1 ‘‘(A) any tribe, territory, or victim service 

2 provider; or 

3 ‘‘(B) any other entity, including a State, 

4 that the Attorney General determines has ade5 quately demonstrated financial need.’’. 

6 (d) TREATMENT OF CONFIDENTIAL INFORMATION.— 

7 Section 40002(b)(2) of the Violence Against Women Act 

8 of 1994 (42 U.S.C. 13925(b)(2)) is amended— 

9 (1) in subparagraph (A), by inserting ‘‘privacy 

10 and’’ before ‘‘safety’’; 

11 (2) in subparagraph (B)— 

12 (A) by striking ‘‘and (D)’’ and inserting ‘‘, 

13 (D), (E), (F), (G), and (H)’’; 

14 (B) in clause (i)— 

15 (i) by inserting ‘‘, reveal, or release’’ 

16 after ‘‘disclose’’; and 

17 (ii) by inserting ‘‘, regardless of 

18 whether the information is encoded, 

19 encrypted, hashed, or otherwise protected,’’ 

20 after ‘‘individual information’’; and 

21 (C) in clause (ii)— 

22 (i) by striking ‘‘reveal’’ and inserting 

23 ‘‘disclose, reveal, or release’’; 


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1 (ii) by striking each place it appears 

2 ‘‘consent’’ and inserting ‘‘consent or au3 thorization’’; 

4 (iii) by striking ‘‘persons with disabil5 ities’’ and inserting ‘‘a person with a 

6 court-appointed guardian’’; and 

7 (iv) by striking ‘‘person with disabil8 ities’’ and inserting ‘‘person with a court9 appointed guardian’’; 

10 (3) in subparagraph (C)— 

11 (A) by inserting ‘‘disclosure, revelation, or’’ 

12 after ‘‘If’’; 

13 (B) in clause (i), by inserting ‘‘, revelation, 

14 or release’’ after ‘‘disclosure’’; and 

15 (C) in clause (ii), by inserting ‘‘disclosure, 

16 revelation, or’’ after ‘‘affected by the’’; and 

17 (4) by designating subparagraph (E) as sub18 paragraph (H) and inserting after subparagraph (D) 

19 the following: 

20 ‘‘(E) STATUTORILY PERMITTED REPORTS

21 OF ABUSE OR NEGLECT.—Nothing in this para22 graph shall prohibit a grantee or subgrantee 

23 from reporting abuse and neglect, as those 

24 terms are defined by law, and where mandated 


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1 or expressly permitted by the State, tribe, or 

2 territory involved. 

3 ‘‘(F) PREEMPTION.—The provisions of this 

4 paragraph shall not supersede any other provi5 sion of Federal, State, tribal, territorial, or local 

6 law relating to the privacy or confidentiality of 

7 information to the extent to which such other 

8 provision provides greater privacy or confiden9 tiality protection than this paragraph for vic10 tims of domestic violence, dating violence, sex11 ual assault, or stalking. 

12 ‘‘(G) CERTAIN MINORS AND PERSONS

13 WITH GUARDIANS.—If a minor or a person with 

14 a court-appointed guardian is permitted by law 

15 to receive services without the parent’s or 

16 guardian’s consent or authorization, the minor 

17 or person with a court-appointed guardian may 

18 consent to a disclosure, revelation, or release of 

19 information. In no case may consent or author20 ization for release of information be given by 

21 the abuser of the minor, or person with a court22 appointed guardian, or the abuser of the other 

23 parent of the minor.’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to grants awarded for periods be3 ginning on or after October 1, 2009. 

4 SEC. 3. CRIMINAL JUSTICE. 

5 (a) APPLICATION REQUIREMENTS.— 

6 (1) IN GENERAL.—Section 2007(d) of the Om7 nibus Crime Control and Safe Streets Act of 1968 

8 (42 U.S.C. 3796gg–1(d)) is amended— 

9 (A) in paragraph (3) by striking ‘‘and’’ 

10 after the semicolon; 

11 (B) in paragraph (4), by striking the pe12 riod and inserting ‘‘and’’; and 

13 (C) by inserting at the end the following: 

14 ‘‘(5) proof of compliance with the requirements 

15 prohibiting the publication of protection order infor16 mation on the Internet provided in section 2013A.’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall apply to grants awarded for 

19 periods beginning on or after October 1, 2009. 

20 (b) STATE AND FEDERAL OBLIGATIONS.—Section 

21 2007(f) of the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (42 U.S.C. 3796gg–1(f)) is amended to read 

23 as follows: 

24 ‘‘(f) FEDERAL SHARE.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the Federal share of a grant made 

3 under this subtitle may not exceed 75 percent of the 

4 total costs of the projects described in the applica5 tion submitted. 

6 ‘‘(2) EXEMPTION FROM MATCHING FUNDS.—No 

7 matching funds shall be required for that portion of 

8 a grant that is subgranted to any tribe or for victims 

9 services.’’. 

10 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC11 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

12 United States Code, is amended by striking paragraph (3). 

13 (d) STATE CERTIFICATION.—Part T of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

15 3796gg et seq.) is amended by inserting after section 2013 

16 the following: 

17 ‘‘SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PRO18 TECTION ORDER INFORMATION. 

19 ‘‘(a) IN GENERAL.—A State, Indian tribal govern20 ment, or unit of local government shall not be eligible to 

21 receive funds under this part unless the State, Indian trib22 al government, or unit of local government certifies that 

23 it does not make available publicly on the Internet any 

24 information regarding the filing for or issuance, modifica25 tion, registration, extension, or enforcement of a protecVerDate Nov 24 2008 23:59 May 07, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S327.RS S327

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1 tion order, restraining order, or injunction in either the 

2 issuing or enforcing State, tribal, or territorial jurisdic3 tion, if such publication would be likely to publicly reveal 

4 the identity or location of the party protected under such 

5 order. 

6 ‘‘(b) EXCEPTION.—A State, Indian tribe, or territory 

7 may share court-generated and law enforcement-generated 

8 information about an order or injunction described in sub9 section (a) if such information is contained in secure, gov10 ernmental registries for purposes of enforcing orders and 

11 injunctions described in subsection (a). 

12 ‘‘(c) EFFECTIVE DATE.—A State, Indian tribal gov13 ernment, or unit of local government must meet the re14 quirements of subsection (a) and (b) by the later of— 

15 ‘‘(1) 2 years from the date of enactment of the 

16 Improving Assistance to Domestic and Sexual Vio17 lence Victims Act of 2009; or 

18 ‘‘(2) the period ending on the date on which the 

19 next session of the State legislature ends.’’. 

20 (e) HEALTH CARE PROFESSIONALS.—Section 

21 2010(c) of the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (42 U.S.C. 3796gg–4) is amended by striking 

23 ‘‘trained examiners for’’ and inserting ‘‘health care profes24 sionals for adult and youth’’. 


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1 (f) RURAL STATE.—Section 40002 (a)(22) of the Vi2 olence Against Women Act of 1994 (42 U.S.C. 

3 13925(a)(22)) is amended by striking ‘‘150,000 people, 

4 based on the most recent decennial census’’ and inserting 

5 ‘‘200,000 people, based on the decennial census of 2000’’. 

6 (g) COSTS FOR CRIMINAL CHARGES AND PROTEC7 TION ORDERS.—Section 2011(a)(1) of the Omnibus 

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

9 3796gg–5(a)(1)) is amended by inserting ‘‘dating vio10 lence,’’ before ‘‘stalking’’. 

11 (h) GRANTS TO ENCOURAGE ARREST POLICIES AND

12 ENFORCEMENT OF PROTECTION ORDERS.—Section 

13 2101(c)(4) of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended 

15 by inserting ‘‘dating violence,’’ before ‘‘stalking’’. 

16 SEC. 4. FAMILIES. 

17 (a) IN GENERAL.—Section 41304 of the Violence 

18 Against Women Act of 1994 (42 U.S.C. 14043d–3) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1), by striking ‘‘Attor22 ney General, acting through the Director of the 

23 Office on Violence Against Women, and in col24 laboration with the Department of Health and 

25 Human Services’’ and inserting ‘‘Secretary of 


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1 Health and Human Services (in this section re2 ferred to as the ‘Secretary’), through the Ad3 ministration for Children, Youth and Families’’; 

4 (B) in paragraph (2), by striking ‘‘Direc5 tor’’ and inserting ‘‘Secretary’’; and 

6 (C) in paragraph (3), by striking ‘‘Direc7 tor’’ and inserting ‘‘Secretary’’; and 

8 (2) in subsection (d)(1), by striking both places 

9 it appears ‘‘Director’’ and inserting ‘‘Secretary’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall apply to grants issued on or after Oc12 tober 1, 2009. 

13 SEC. 5. HOUSING. 

14 (a) SECTION 6.—Section 6(u)(1)(A) of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437d) is amend16 ed by inserting ‘‘, as described in subparagraph (C),’’ after 

17 ‘‘HUD approved certification form’’. 

18 (b) SECTION 8.—Section 8(ee)(1)(A) of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f) is amended 

20 by inserting ‘‘, as described in subparagraph (C),’’ after 

21 ‘‘HUD approved certification form’’. 

22 SEC. 6. ECONOMIC SECURITY. 

23 (a) AUTHORITY.—Section 41501(a) of the Violence 

24 Against Women Act of 1994 (42 U.S.C. 14043f(a)) is 

25 amended— 


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1 (1) by striking ‘‘The Attorney General’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—The Attorney General’’; 

4 and 

5 (2) by striking the last sentence and inserting 

6 the following: 

7 ‘‘(2) INFORMATION AND ASSISTANCE.—The re8 source center shall provide information and assist9 ance to— 

10 ‘‘(A) employers and labor organizations to 

11 aid in their efforts to develop and implement re12 sponses to such violence; and 

13 ‘‘(B) victim service providers, including 

14 community-based organizations, State domestic 

15 violence coalitions, State sexual assault coali16 tions, and tribal coalitions, to enable to them to 

17 provide resource materials or other assistance 

18 to employers, labor organizations, or employ19 ees.’’. 

20 (b) ENTITIES PROVIDING ASSISTANCE.—Section 

21 41501 (c)(1) of the Violence Against Women Act of 1994 

22 (42 U.S.C. 14043f(c)(1)) is amended by striking ‘‘and 

23 labor organizations’’ and inserting ‘‘, labor organizations, 

24 victim service providers, community-based organizations, 


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1 State domestic violence coalitions, State sexual assault 

2 coalitions, and tribal coalitions’’. 

3 SEC. 7. TRIBAL ISSUES. 

4 (a) CONSULTATION.—Section 903 of the Violence 

5 Against Women and Department of Justice Reauthoriza6 tion Act of 2005 is amended by inserting at the end the 

7 following: 

8 ‘‘(c) REPORTS TO CONGRESS.—Not later than 3 

9 months after the date of each of the annual consultations, 

10 beginning with the first consultation following the date of 

11 the enactment of this subsection, the Attorney General 

12 shall submit to the Committee on Indian Affairs and the 

13 Committee on the Judiciary of the Senate and the Com14 mittee on the Judiciary and the Committee on Natural 

15 Resources of the House of Representatives a report sum16 marizing the annual consultations involved, any request of 

17 Indian tribes made pursuant to such consultations for en18 hancing the safety of Indian women, and the investigative 

19 efforts of the Federal Bureau of Investigation and pros20 ecutorial efforts of the United States Attorneys on cases 

21 of domestic violence, sexual assault, dating violence, and 

22 stalking, involving adult Indian women. The first of such 

23 reports shall include the total number of investigations, 

24 indictments, declinations, and convictions of cases de25 scribed in the previous sentence for the 3 years preceding 


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1 the annual consultation involved and each subsequent re2 port shall include the total number of investigations, in3 dictments, declination, and convictions of such cases for 

4 the year preceding the annual consultation involved.’’. 

5 (b) GRANTS TO INDIAN TRIBAL GOVERNMENTS.— 

6 (1) IN GENERAL.—Section 2015 of the Omni7 bus Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3796gg–10) is amended by adding at the end 

9 the following: 

10 ‘‘(c) AVAILABILITY.—Funds appropriated under this 

11 section shall remain available until expended and may only 

12 be used for the activities described in this section. 

13 ‘‘(d) DURATION.—Grants made under this section 

14 shall be for a period of 24 months. Upon request of a 

15 grantee, the tribal deputy director may extend the grant 

16 period involved for purposes of enabling the grantee to 

17 complete the activities agreed to under the terms of the 

18 grant provided that no additional funds may be provided 

19 under this section pursuant to such extension. 

20 ‘‘(e) TECHNICAL ASSISTANCE.— 

21 ‘‘(1) IN GENERAL.—Not later than 6 months 

22 after the date of receipt of funding for this program, 

23 the Director of the Office on Violence Against 

24 Women shall set aside and disperse not less than 6 

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1 able under this section for the purpose of entering 

2 into cooperative agreements with qualified tribal or3 ganizations to provide technical assistance and train4 ing to Indian tribes to address violence against In5 dian women. Such training and technical experience 

6 shall be specifically designed to address the unique 

7 legal status and geographic circumstances of the In8 dian tribes receiving funds under this section. 

9 ‘‘(2) QUALIFIED TRIBAL ORGANIZATION.—For 

10 purposes of paragraph (1), a qualified tribal organi11 zation is a tribal organization with demonstrated ex12 perience in providing training and technical experi13 ence to Indian tribes in addressing violence against 

14 Indian women.’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall apply to grants made on or 

17 after October 1, 2009. 

18 SEC. 8. POLYGRAPH PROCEDURES. 

19 (a) STOP GRANTS.—Section 2013(a) of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3796gg–8(a)) is amended by striking ‘‘as a condi22 tion for proceeding with the investigation of such an of23 fense’’. 

24 (b) GRANTS TO ENCOURAGE ARREST.—Section 

25 2101(c)(5)(A) of the Omnibus Crime Control and Safe 


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1 Streets Act of 1968 (42 U.S.C. 3796hh(c)(5)(A)) is 

2 amended by striking ‘‘as a condition for proceeding with 

3 the investigation of such an offense’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsections (a) and (b) shall apply to grants made on or 

6 after the latter of the following dates: 

7 (1) The date that is 2 years after the date of 

8 the enactment of this Act. 

9 (2) The date on which the next session of the 

10 State legislature of the State involved ends. 

11 SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS. 

12 Section 2101(b) of the Omnibus Crime Control and 

13 Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amend14 ed by adding at the end the following new paragraph: 

15 ‘‘(14) To provide for sexual assault forensic 

16 medical personnel examiners in the collection and 

17 preservation of evidence, expert testimony, and 

18 treatment of trauma related to sexual assault.’’. 

19 SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING 

20 AND TREATMENT. 

21 Section 2101 of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (42 U.S.C. 3796hh) is amended— 

23 (1) in subsection (b), as amended by section 9, 

24 by adding at the end the following new paragraph: 


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1 ‘‘(15) To develop human immunodeficiency 

2 virus (HIV), Hepatitis B, Hepatitis C, and sexually 

3 transmitted infection testing and treatment pro4 grams for sexual assault victims that include notifi5 cation, treatment, counseling, and confidentiality 

6 protocols.’’; and 

7 (2) in subsection (d)— 

8 (A) by inserting ‘‘OR TREATMENT’’ after 

9 ‘‘NOTICE’’; and 

10 (B) by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2) certifies it has a law that requires the 

13 State or unit of local government, respectively, to 

14 provide at the request of a victim or the parent or 

15 guardian of a victim— 

16 ‘‘(A) anonymous and confidential free test17 ing for the victim for the human immuno18 deficiency virus (HIV), Hepatitis B, Hepatitis 

19 C, and other sexually transmitted infections as 

20 medically appropriate; 

21 ‘‘(B) as soon as practicable, notification to 

22 the victim, or parent or guardian of a victim, of 

23 the testing results; 


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1 ‘‘(C) anonymous and confidential free fol2 low-up testing for the victim as medically ap3 propriate; 

4 ‘‘(D) free prophylaxis and treatment as 

5 necessary for the victim; 

6 ‘‘(E) free counseling and support to the 

7 victim regarding any health care concerns of 

8 the victim with respect to the human immuno9 deficiency virus (HIV), Hepatitis B, Hepatitis 

10 C, and other sexually transmitted infections; 

11 and 

12 ‘‘(F) assurances that the test results of the 

13 victim shall remain confidential unless other14 wise provided by law; and 

15 ‘‘(3) provides assurances to the satisfaction of 

16 the Attorney General that its laws will be in compli17 ance with the requirements of paragraph (1) or (2) 

18 by a date that is not later than the latter of the fol19 lowing dates: 

20 ‘‘(A) The date that is 2 years after the 

21 date of the enactment of the Improving Assist22 ance to Domestic and Sexual Violence Victims 

23 Act of 2009. 

24 ‘‘(B) The date on which the next session of 

25 the State legislature ends.’’. 


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1 SEC. 11. CLARIFICATION OF THE TERM CULTURALLY AND 

2 LINGUISTICALLY SPECIFIC. 

3 (a) DEFINITIONS.—Section 40002(a) of the Violence 

4 Against Women Act of 1994 (42 U.S.C. 13925(a)) is 

5 amended— 

6 (1) by striking paragraph (17) and redesig7 nating the subsequent paragraphs accordingly; and 

8 (2) by inserting after paragraph (5) the fol9 lowing new paragraphs and redesignating the subse10 quent paragraphs (as redesignated by paragraph 

11 (1)) accordingly: 

12 ‘‘(6) CULTURALLY SPECIFIC.—The terms ‘cul13 turally specific’ and ‘culturally and linguistically spe14 cific’ mean specific to racial and ethnic minority 

15 groups (as defined in section 1707(g) of the Public 

16 Health Service Act (42 U.S.C. 300u–6(g))). 

17 ‘‘(7) CULTURALLY AND LINGUISTICALLY SPE18 CIFIC SERVICES.—The terms ‘culturally and linguis19 tically specific services’ and ‘culturally specific serv20 ices’ mean community-based services that offer full 

21 linguistic access and culturally specific services and 

22 resources, including outreach, collaboration, and 

23 support mechanisms primarily directed toward cul24 turally specific communities.’’. 

25 (b) COLLABORATIVE GRANTS TO INCREASE THE

26 LONG-TERM STABILITY OF VICTIMS.—Section 41404 of 


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1 the Violence Against Women Act of 1994 (42 U.S.C. 

2 13701 et seq.) is amended in subsection (f)(1) by striking 

3 ‘‘linguistically and culturally’’ and inserting ‘‘culturally 

4 and linguistically’’. 

5 (c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN

6 IN PUBLIC AND ASSISTED HOUSING.—Section 41405 of 

7 the Violence Against Women Act of 1994 (42 U.S.C. 

8 13701 et seq.) is amended in subsection (c)(2)(D) by 

9 striking ‘‘linguistically and culturally’’ and inserting ‘‘cul10 turally and linguistically’’. 

11 (d) STATE GRANTS.—Section 2007(e)(2)(D) of the 

12 Omnibus Crime Control and Safe Streets Act of 1968 (42 

13 U.S.C. 3796gg–1(e)(2)(D)) is amended by striking ‘‘lin14 guistically and culturally’’ and inserting ‘‘culturally and 

15 linguistically’’. 

16 (e) SEXUAL ASSAULT SERVICES.—Section 2014 of 

17 the Omnibus Crime Control and Safe Streets Act of 1968 

18 (42 U.S.C. 14043g) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by striking ‘‘and 

21 other programs and projects’’; 

22 (B) in paragraph (2)(B)— 

23 (i) by striking ‘‘and other nonprofit, 

24 nongovernmental organizations for pro25 grams and activities’’; and 


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1 (ii) by inserting ‘‘to sexual assault vic2 tims’’ after ‘‘that provide direct interven3 tion and related assistance’’; and 

4 (C) in paragraph (2)(C)(v), by striking 

5 ‘‘linguistically and culturally’’ and inserting 

6 ‘‘culturally and linguistically’’; 

7 (2) in subsection (c)(2)(A) by striking ‘‘that fo8 cuses primarily on’’ and inserting ‘‘whose primary 

9 mission is to address one or more’’; 

10 (3) in subsection (c)(2)(C) by striking ‘‘linguis11 tically and culturally’’ and inserting ‘‘culturally and 

12 linguistically’’; and 

13 (4) in subsection (c)(4)(B) by deleting ‘‘under14 served’’. 

15 (f) ENHANCING CULTURALLY AND LINGUISTICALLY

16 SPECIFIC SERVICES FOR VICTIMS OF DOMESTIC VIO17 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

18 STALKING.—Section 121 of the Violence Against Women 

19 and Department of Justice Reauthorization Act of 2005 

20 (42 U.S.C. 14045a) is amended— 

21 (1) in subsection (b)(1)(A) by inserting ‘‘for 

22 culturally and linguistically specific populations’’ 

23 after ‘‘resources’’; 


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1 (2) in subsection (b)(1)(B) by inserting ‘‘cul2 turally and linguistically specific’’ before ‘‘resources 

3 for’’; and 

4 (3) in subsection (g) by striking ‘‘linguistic and 

5 culturally’’ and inserting ‘‘culturally and linguis6 tically’’. 

7 SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECH8 NICAL AMENDMENT. 

9 Section 41501(b)(3) of the Violence Against Women 

10 Act of 1994 (42 U.S.C. 14043f(b)(3)) is amended by 

11 striking ‘‘for materials’’. 

12 SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

13 INDIAN WOMEN. 

14 Section 904(a)(1) of the Violence Against Women 

15 and Department of Justice Reauthorization Act of 2005 

16 (42 U.S.C. 3796gg–10(a)(1) note) is amended by striking 

17 ‘‘in Indian country’’ and inserting ‘‘on land owned or held 

18 in trust for the benefit of an Indian tribe included on the 

19 list published under section 104 of the Federally Recog20 nized Indian Tribe List Act of 1994 (25 U.S.C. 479a– 

21 1)’’. 

22 SEC. 14. MOTIONS TO REOPEN. 

23 (a) IN GENERAL.—Section 240(c)(7)(C)(iv)(I) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1229a(c)(7)(C)(iv)(I)) is amended to read as follows: 


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1 ‘‘(I) if the basis for the motion is 

2 to apply for relief under subparagraph 

3 (T) or (U) of section 101(a)(15), 

4 clause (iii) or (iv) of section 

5 204(a)(1)(A), clause (ii) or (iii) of sec6 tion 204(a)(1)(B), section 240A(b)(2), 

7 section 244(a)(3) (as in effect on 

8 March 31, 1997), or subsection (l) or 

9 (m) of section 245;’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act and shall apply to applications filed be13 fore, on, or after such date. 

14 SEC. 15. EXTENSION OF T NONIMMIGRANT STATUS. 

15 (a) IN GENERAL.—Section 214(o)(7) of the Immigra16 tion and Nationality Act (8 U.S.C. 1184(o)(7)) is amend17 ed by adding at the end the following: 

18 ‘‘(D) An alien may apply for extension of status 

19 under subparagraph (B) retroactively after the expiration 

20 of nonimmigrant status under subparagraph 

21 101(a)(15)(T).’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 under subsection (a) shall take effect on the date of the 

24 enactment of this Act and shall apply to applications filed 

25 before, on, or after such date. 


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1 SEC. 16. T AND U NONIMMIGRANT PROTECTIONS. 

2 (a) IN GENERAL.—Section 107(b)(1)(E)(i)(II)(aa) of 

3 the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

4 7105(b)(1)(E)(i)(II)(aa)) is amended by striking ‘‘bona 

5 fide’’ and inserting ‘‘prima facie’’. 

6 (b) CONFORMING AMENDMENT.—Section 214(p)(6) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1184(p)(6)) is amended by striking ‘‘bona fide’’ and in9 serting ‘‘prima facie’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act and shall apply to applications filed before, on, 

13 or after such date. 

14 SEC. 17. U NONIMMIGRANT ADJUSTMENT OF STATUS. 

15 (a) IN GENERAL.—Section 245(m)(3) of the Immi16 gration and Nationality Act (8 U.S.C. 1255(m)(3)) is 

17 amended by inserting ‘‘or an unmarried sibling under 18 

18 years of age on the date of such application for adjustment 

19 of status under paragraph (1),’’ after ‘‘a parent’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall take effect on the date of the enactment 

22 of this Act and shall apply to applications filed before, on, 

23 or after such date. 


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1 SEC. 18. CONFORMING AMENDMENT CONFIRMING HOUS2 ING ASSISTANCE FOR QUALIFIED ALIENS. 

3 (a) IN GENERAL.—Section 214 of the Housing and 

4 Community Development Act of 1980 (42 U.S.C. 1436a) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (6), by striking ‘‘or’’ at 

8 the end; 

9 (B) by redesignating paragraph (7) as 

10 paragraph (8); and 

11 (C) by inserting after paragraph (6) the 

12 following: 

13 ‘‘(7) a qualified alien described in section 431 

14 of the Personal Responsibility and Work Oppor15 tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 

16 or’’; and 

17 (2) in subsection (c)— 

18 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

19 and inserting ‘‘(7)’’; and 

20 (B) in paragraph (2)(A), in the matter 

21 preceding clause (i), by inserting ‘‘(other than 

22 a qualified alien described in section 431 of the 

23 Personal Responsibility and Work Opportunity 

24 Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 

25 after ‘‘any alien’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to applications for public bene3 fits and public benefits provided on or after the date of 

4 the enactment of this Act without regard to whether regu5 lations to carry out such amendments have been imple6 mented. 

7 SEC. 19. PROCESSING OF CERTAIN VISAS. 

8 (a) IN GENERAL.—Section 238(b)(5) of the William 

9 Wilberforce Trafficking Victims Protection Reauthoriza10 tion Act of 2008 (Public Law 110–457; 122 Stat 5085) 

11 is amended to read as follows: 

12 ‘‘(5) Measures taken to ensure that— 

13 ‘‘(A) the Office of Policy and Strategy at 

14 United States Citizenship and Immigration 

15 Services leads policy and program development 

16 with regard to Violence Against Women Act 

17 confidentiality-protected victims and their deriv18 ative family members; and 

19 ‘‘(B) there is routine consultation with the 

20 Office on Policy and Strategy during the devel21 opment of any other Department of Homeland 

22 Security regulation or operational policy that 

23 impacts Violence Against Women Act confiden24 tiality-protected victims and their derivative 

25 family members.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to applications filed be4 fore, on, or after such date. 

5 TITLE I—IMPROVING ASSIST6 ANCE TO DOMESTIC AND SEX7 UAL VIOLENCE VICTIMS ACT 

8 OF 2009 

9 SEC. 101. SHORT TITLE. 

10 This title may be cited as the ‘‘Improving Assistance 

11 to Domestic and Sexual Violence Victims Act of 2009’’. 

12 SEC. 102. EFFECTIVE DATE. 

13 Except as otherwise provided in this Act, this title and 

14 the amendments made by this title shall take effect at the 

15 beginning of fiscal year 2010. 

16 SEC. 103. DEFINITIONS AND UNIVERSAL GRANT CONDI17 TIONS UNDER VAWA. 

18 (a) YOUTH DEFINITION.—Section 40002(a)(37) of the 

19 Violence Against Women Act of 1994 (42 U.S.C. 

20 13925(a)(37)) is amended to read as follows: 

21 ‘‘(37) YOUTH.—The term ‘youth’ means an indi22 vidual who is between 12 and 24 years of age.’’. 

23 (b) TRAINED EXAMINER DEFINITION.—Section 

24 40002(a) of the Violence Against Women Act of 1994 (42 


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1 U.S.C. 13925(a)) is amended by inserting at the end the 

2 following: 

3 ‘‘(38) TRAINED EXAMINER.—The term ‘trained 

4 examiner’ means a health care professional who has 

5 received specialized training specific to sexual assault 

6 victims which includes both gathering forensic evi7 dence and medical needs.’’. 

8 (c) PERSONAL INFORMATION.—Section 40002(a)(18) 

9 of the Violence Against Women Act of 1994 (42 U.S.C. 

10 13925(a)(18)) is amended by inserting after ‘‘stalking,’’ the 

11 following: ‘‘regardless of whether the information is encoded, 

12 encrypted, hashed, or otherwise protected,’’. 

13 (d) EXPERTISE REQUIREMENT.—Section 40002(b)(11) 

14 of the Violence Against Women Act of 1994 (42 U.S.C. 

15 13925(b)(11)) is amended by adding at the end the fol16 lowing: ‘‘The Director of the Office on Violence Against 

17 Women shall ensure that training or technical assistance 

18 will be developed and provided by entities having dem19 onstrated expertise in the purposes, uses of funds, and other 

20 aspects of the grant program for which such training or 

21 technical assistance is provided.’’. 

22 (e) MATCHING REQUIREMENT.—Section 40002(b)(1) 

23 of the Violence Against Women Act of 1994 (42 U.S.C. 

24 13925(b)(1)) is amended to read as follows: 


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1 ‘‘(1) MATCH.—No matching funds shall be re2 quired for a grant or subgrant made under this title 

3 for— 

4 ‘‘(A) any tribe, territory, or victim service 

5 provider; or 

6 ‘‘(B) any other entity, including a State, 

7 that the Attorney General determines has ade8 quately demonstrated financial need.’’. 

9 (f) TREATMENT OF CONFIDENTIAL INFORMATION.— 

10 Section 40002(b)(2) of the Violence Against Women Act of 

11 1994 (42 U.S.C. 13925(b)(2)) is amended— 

12 (1) in subparagraph (A), by inserting ‘‘privacy 

13 and’’ before ‘‘safety’’; 

14 (2) in subparagraph (B)— 

15 (A) by striking ‘‘and (D)’’ and inserting ‘‘, 

16 (D), (E), (F), (G), and (H)’’; 

17 (B) in clause (i)— 

18 (i) by inserting ‘‘, reveal, or release’’ 

19 after ‘‘disclose’’; and 

20 (ii) by inserting ‘‘, regardless of wheth21 er the information is encoded, encrypted, 

22 hashed, or otherwise protected,’’ after ‘‘indi23 vidual information’’; and 

24 (C) in clause (ii)— 


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1 (i) by striking ‘‘reveal’’ and inserting 

2 ‘‘disclose, reveal, or release’’; 

3 (ii) by striking ‘‘consent’’ each place it 

4 appears and inserting ‘‘consent or author5 ization’’; and 

6 (iii) by striking ‘‘persons with disabil7 ities’’ and inserting ‘‘a person with a court8 appointed guardian’’; 

9 (3) in subparagraph (C)— 

10 (A) by inserting ‘‘disclosure, revelation, or’’ 

11 after ‘‘If’’; 

12 (B) in clause (i), by inserting ‘‘, revelation, 

13 or release’’ after ‘‘disclosure’’; and 

14 (C) in clause (ii), by inserting ‘‘disclosure, 

15 revelation, or’’ after ‘‘affected by the’’; 

16 (4) by redesignating subparagraph (E) as sub17 paragraph (H); and 

18 (5) by inserting after subparagraph (D) the fol19 lowing: 

20 ‘‘(E) STATUTORILY PERMITTED REPORTS OF

21 ABUSE OR NEGLECT.—Nothing in this para22 graph shall prohibit a grantee or subgrantee 

23 from reporting abuse and neglect, as those terms 

24 are defined by law, and where mandated or exVerDate Nov 24 2008 23:59 May 07, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S327.RS S327

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1 pressly permitted by the State, tribe, or territory 

2 involved. 

3 ‘‘(F) PREEMPTION.—This paragraph shall 

4 not supersede any other provision of Federal, 

5 State, tribal, territorial, or local law relating to 

6 the privacy or confidentiality of information to 

7 the extent to which such other provision provides 

8 greater privacy or confidentiality protection 

9 than this paragraph for victims of domestic vio10 lence, dating violence, sexual assault, or stalking. 

11 ‘‘(G) CERTAIN MINORS AND PERSONS WITH

12 GUARDIANS.—If a minor or a person with a 

13 court-appointed guardian is permitted by law to 

14 receive services without the parent’s or guard15 ian’s consent or authorization, the minor or per16 son with a court-appointed guardian may con17 sent to a disclosure, revelation, or release of in18 formation. In no case may consent or authoriza19 tion for release of information be given by the 

20 abuser of the minor, or person with a court-ap21 pointed guardian, or the abuser of the other par22 ent of the minor.’’. 

23 SEC. 104. CRIMINAL JUSTICE. 

24 (a) APPLICATION REQUIREMENTS.— 


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1 (1) IN GENERAL.—Section 2007(d) of the Omni2 bus Crime Control and Safe Streets Act of 1968 (42 

3 U.S.C. 3796gg–1(d)) is amended— 

4 (A) in paragraph (3), by striking ‘‘and’’ 

5 after the semicolon; 

6 (B) in paragraph (4), by striking the period 

7 and inserting ‘‘; and’’; and 

8 (C) by inserting at the end the following: 

9 ‘‘(5) proof of compliance with the requirements 

10 prohibiting the publication of protection order infor11 mation on the Internet under section 2013A.’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) shall apply to grants awarded for 

14 periods beginning on or after October 1, 2009. 

15 (b) STATE AND FEDERAL OBLIGATIONS.—Section 

16 2007(f) of the Omnibus Crime Control and Safe Streets Act 

17 of 1968 (42 U.S.C. 3796gg–1(f)) is amended to read as fol18 lows: 

19 ‘‘(f) FEDERAL SHARE.— 

20 ‘‘(1) IN GENERAL.—Except as provided under 

21 paragraph (2), the Federal share of a grant made 

22 under this part may not exceed 75 percent of the total 

23 costs of the projects described in the application sub24 mitted. 


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1 ‘‘(2) EXEMPTION FROM MATCHING FUNDS.—No 

2 matching funds shall be required for that portion of 

3 a grant under this part that is subgranted to any In4 dian tribal government for victims services.’’. 

5 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC6 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

7 United States Code, is amended by striking paragraph (3). 

8 (d) STATE CERTIFICATION.—Part T of the Omnibus 

9 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

10 3796gg et seq.) is amended by inserting after section 2013 

11 the following: 

12 ‘‘SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PRO13 TECTION ORDER INFORMATION. 

14 ‘‘(a) IN GENERAL.—A State, Indian tribal govern15 ment, or unit of local government shall not be eligible to 

16 receive funds under this part unless the State, Indian tribal 

17 government, or unit of local government certifies that it does 

18 not make available publicly on the Internet any informa19 tion regarding the filing for or issuance, modification, reg20 istration, extension, or enforcement of a protection order, 

21 restraining order, or injunction in the issuing or enforcing 

22 State, tribal, or territorial jurisdiction, if such publication 

23 would be likely to publicly reveal the identity or location 

24 of the party protected under such order or injunction. 


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1 ‘‘(b) EXCEPTION.—A State, Indian tribe, or territory 

2 may share court-generated and law enforcement-generated 

3 information about an order or injunction described in sub4 section (a) for purposes of enforcing such orders and injunc5 tions, if such information is contained in a secure, govern6 mental registry. 

7 ‘‘(c) EFFECTIVE DATE.—A State, Indian tribal gov8 ernment, or unit of local government shall meet the require9 ments of subsections (a) and (b) by not later than the later 

10 of— 

11 ‘‘(1) 2 years after the date of enactment of the 

12 Improving Assistance to Domestic and Sexual Vio13 lence Victims Act of 2009; or 

14 ‘‘(2) the date on which the next session of the 

15 State legislature ends.’’. 

16 (e) TERRITORY.—Section 2010 of the Omnibus Crime 

17 Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

18 4) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), by inserting ‘‘Terri21 tory,’’ after ‘‘State,’’, both places it appears; and 

22 (B) in paragraph (2), by inserting ‘‘Terri23 tory,’’ after ‘‘State,’’ and ‘‘Territories,’’ after 

24 ‘‘States,’’; 


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1 (2) in subsection (b), by inserting ‘‘Territory,’’ 

2 after ‘‘State,’’ both places it appears; 

3 (3) in subsection (c), by inserting ‘‘Territory,’’ 

4 after ‘‘State,’’; and 

5 (4) in subsection (e), by inserting ‘‘Territory,’’ 

6 after ‘‘State,’’ both places it appears. 

7 (f) RURAL STATE.—Section 40002 (a)(22) of the Vio8 lence Against Women Act of 1994 (42 U.S.C. 13925(a)(22)) 

9 is amended by striking ‘‘150,000’’ and inserting ‘‘200,000’’. 

10 (g) COSTS FOR CRIMINAL CHARGES AND PROTECTION

11 ORDERS.—Section 2011(a)(1) of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

13 5(a)(1)) is amended by inserting ‘‘dating violence,’’ before 

14 ‘‘stalking’’. 

15 (h) GRANTS TO ENCOURAGE ARREST POLICIES AND

16 ENFORCEMENT OF PROTECTION ORDERS.—Section 

17 2101(c)(4) of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by insert19 ing ‘‘dating violence,’’ before ‘‘stalking’’. 

20 (i) EFFECTIVE DATE.—The amendments made by sub21 sections (g) and (h) shall take effect 2 years after the date 

22 of enactment of this Act. 


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1 SEC. 105. FAMILIES. 

2 (a) IN GENERAL.—Section 41304 of the Violence 

3 Against Women Act of 1994 (42 U.S.C. 14043d–3) is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1), by striking ‘‘Attorney 

7 General, acting through the Director of the Office 

8 on Violence Against Women, and in collabora9 tion with the Department of Health and Human 

10 Services’’ and inserting ‘‘Secretary of Health 

11 and Human Services (in this section referred to 

12 as the ‘Secretary’), acting through the Adminis13 tration for Children, Youth and Families’’; 

14 (B) in paragraph (2), by striking ‘‘Direc15 tor’’ and inserting ‘‘Secretary’’; and 

16 (C) in paragraph (3), by striking ‘‘Direc17 tor’’ and inserting ‘‘Secretary’’; and 

18 (2) in subsection (d)(1), by striking both places 

19 it appears ‘‘Director’’ and inserting ‘‘Secretary’’. 

20 (b) EFFECTIVE DATE.—The amendments made by sub21 section (a) shall apply to grants issued on or after October 

22 1, 2009. 

23 SEC. 106. HOUSING. 

24 (a) SECTION 6.—Section 6(u)(1)(A) of the United 

25 States Housing Act of 1937 (42 U.S.C. 1437d) is amended 


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1 by inserting ‘‘, as described in subparagraph (C),’’ after 

2 ‘‘HUD approved certification form’’. 

3 (b) SECTION 8.—Section 8(ee)(1)(A) of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437f) is amended 

5 by inserting ‘‘, as described in subparagraph (C),’’ after 

6 ‘‘HUD approved certification form’’. 

7 SEC. 107. ECONOMIC SECURITY. 

8 (a) AUTHORITY.—Section 41501(a) of the Violence 

9 Against Women Act of 1994 (42 U.S.C. 14043f(a)) is 

10 amended— 

11 (1) by striking ‘‘The Attorney General’’ and in12 serting the following: 

13 ‘‘(1) IN GENERAL.—The Attorney General’’; and 

14 (2) by striking the last sentence and inserting 

15 the following: 

16 ‘‘(2) INFORMATION AND ASSISTANCE.—The re17 source center established under paragraph (1) shall 

18 provide information and assistance to— 

19 ‘‘(A) employers and labor organizations to 

20 aid in their efforts to develop and implement re21 sponses to such violence; and 

22 ‘‘(B) victim service providers, including 

23 community-based organizations, State domestic 

24 violence coalitions, State sexual assault coali25 tions, and tribal coalitions, to enable to the proVerDate Nov 24 2008 23:59 May 07, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S327.RS S327

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1 viders to provide resource materials or other as2 sistance to employers, labor organizations, or 

3 employees.’’. 

4 (b) ENTITIES PROVIDING ASSISTANCE.—Section 

5 41501(c)(1) of the Violence Against Women Act of 1994 (42 

6 U.S.C. 14043f(c)(1)) is amended by striking ‘‘and labor or7 ganizations’’ and inserting ‘‘, labor organizations, victim 

8 service providers, community-based organizations, State do9 mestic violence coalitions, State sexual assault coalitions, 

10 and tribal coalitions,’’. 

11 SEC. 108. TRIBAL ISSUES. 

12 Section 2015 of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 (42 U.S.C. 3796gg–10) is amended by 

14 adding at the end the following: 

15 ‘‘(c) AVAILABILITY.—Funds available under this sec16 tion shall remain available until expended and may only 

17 be used for the activities described in this section. 

18 ‘‘(d) DURATION.—A grant made under this section 

19 shall be for a period of 24 months.’’. 

20 SEC. 109. SEXUAL ASSAULT NURSE EXAMINERS. 

21 Section 2101(b) of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended 

23 by adding at the end the following: 

24 ‘‘(14) To provide for sexual assault forensic med25 ical personnel examiners in the collection and preserVerDate Nov 24 2008 23:59 May 07, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S327.RS S327

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1 vation of evidence, expert testimony, and treatment of 

2 trauma related to sexual assault.’’. 

3 SEC. 110. SEXUALLY TRANSMITTED INFECTION TESTING 

4 AND TREATMENT. 

5 Section 2101 of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3796hh) is amended— 

7 (1) in subsection (b), as amended by section 9 of 

8 this Act, by adding at the end the following new 

9 paragraph: 

10 ‘‘(15) To develop human immunodeficiency 

11 virus, Hepatitis B, Hepatitis C, and sexually trans12 mitted infection testing and treatment programs for 

13 sexual assault victims that include notification, treat14 ment, counseling, and confidentiality protocols.’’; and 

15 (2) by striking subsection (d) and inserting the 

16 following: 

17 ‘‘(d) HIV TESTING AND PHOPHYLAXIS.—A State or 

18 unit of local government shall not be entitled to 5 percent 

19 of the funds allocated under this part unless the State or 

20 unit of local government— 

21 ‘‘(1) certifies that it has a law or regulation that 

22 requires— 

23 ‘‘(A) the State or unit of local government 

24 to provide immediately and without charge, at 

25 the request of a victim of a sexual assault that 


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1 carries the risk of transmission of the human im2 munodeficiency virus (in this subsection referred 

3 to as ‘HIV’), to the victim— 

4 ‘‘(i) an HIV test; 

5 ‘‘(ii) counseling regarding the risk of 

6 transmission of HIV and available treat7 ments; and 

8 ‘‘(iii) HIV prophylaxis, as described in 

9 guidance set forth by the Centers for Disease 

10 Control and Prevention; 

11 ‘‘(B) notification as soon as practicable of 

12 the testing results of testing described in sub13 paragraph (A) to the victim or parent and 

14 guardian of the victim, if the victim is a minor 

15 or has a court-appointed guardian; and 

16 ‘‘(C) followup tests for HIV as may be 

17 medically appropriate and that, as soon as prac18 ticable after each such test, the results be made 

19 available in accordance with subparagraph (B); 

20 ‘‘(2) certifies that it has a law or regulation that 

21 requires— 

22 ‘‘(A) the State or unit of local government 

23 to administer HIV testing to an offender not 

24 later than 48 hours after a request described in 

25 clause (i) if— 


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1 ‘‘(i) requested by a victim of a sexual 

2 assault that carries the risk of transmission 

3 of HIV; 

4 ‘‘(ii) there has been a finding of prob5 able cause that the offender committed the 

6 sexual assault; and 

7 ‘‘(iii) the offender is in custody or oth8 erwise available for testing; 

9 ‘‘(B) notification as soon as practicable of 

10 the results of testing described in subparagraph 

11 (A) to the victim or parent and guardian of the 

12 victim, if the victim is a minor or has a court13 appointed guardian, and offender; and 

14 ‘‘(C) followup tests for HIV as may be 

15 medically appropriate and that, as soon as prac16 ticable after each such test, the results be made 

17 available in accordance with subparagraph (B); 

18 or 

19 ‘‘(3) gives the Attorney General assurances that 

20 its laws and regulations will be in compliance with 

21 the requirements of paragraph (1) or (2) not later 

22 than the later of— 

23 ‘‘(A) the date on which the next session of 

24 the State legislature ends; or 


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1 ‘‘(B) 2 years after the date of enactment of 

2 the Improving Assistance to Domestic and Sex3 ual Violence Victims Act of 2009.’’. 

4 SEC. 111. CLARIFICATION OF THE TERM CULTURALLY AND 

5 LINGUISTICALLY SPECIFIC. 

6 (a) DEFINITIONS.—Section 40002(a) of the Violence 

7 Against Women Act of 1994 (42 U.S.C. 13925(a)) is amend8 ed— 

9 (1) by striking paragraph (17); 

10 (2) by redesignating the paragraphs (18) through 

11 (38) as paragraphs (19) through (39), respectively; 

12 (3) by redesignating the paragraphs (6) through 

13 (16) as paragraphs (8) through (18), respectively; and 

14 (4) by inserting after paragraph (5) the fol15 lowing new paragraphs and redesignating the subse16 quent paragraphs (as redesignated by paragraph (1)) 

17 accordingly: 

18 ‘‘(6) CULTURALLY SPECIFIC.—The terms ‘cul19 turally specific’ and ‘culturally and linguistically 

20 specific’ mean specific to racial and ethnic minority 

21 groups (as defined in section 1707(g) of the Public 

22 Health Service Act (42 U.S.C. 300u–6(g))). 

23 ‘‘(7) CULTURALLY AND LINGUISTICALLY SPECIFIC

24 SERVICES.—The terms ‘culturally and linguistically 

25 specific services’ and ‘culturally specific services’ 


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1 mean community-based services that offer full lin2 guistic access and culturally specific services and re3 sources, including outreach, collaboration, and sup4 port mechanisms primarily directed toward cul5 turally specific communities.’’. 

6 (b) COLLABORATIVE GRANTS TO INCREASE THE LONG7 TERM STABILITY OF VICTIMS.—Section 41404(f)(1) of the 

8 Violence Against Women Act of 1994 (42 U.S.C. 14043e– 

9 3(f)(1)) is amended by striking ‘‘linguistically and cul10 turally’’ and inserting ‘‘culturally and linguistically’’. 

11 (c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN

12 IN PUBLIC AND ASSISTED HOUSING.—Section 

13 41405(c)(2)(D) of the Violence Against Women Act of 1994 

14 (42 U.S.C. 14043e–4(c)(2)(D)) is amended by striking ‘‘lin15 guistically and culturally’’ and inserting ‘‘culturally and 

16 linguistically’’. 

17 (d) STATE GRANTS.—Section 2007(e)(2)(D) of the 

18 Omnibus Crime Control and Safe Streets Act of 1968 (42 

19 U.S.C. 3796gg–1(e)(2)(D)) is amended by striking ‘‘linguis20 tically and culturally’’ and inserting ‘‘culturally and lin21 guistically’’. 

22 (e) SEXUAL ASSAULT SERVICES.—Section 2014 of the 

23 Omnibus Crime Control and Safe Streets Act of 1968 (42 

24 U.S.C. 3796gg–9) is amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘and 

2 other programs and projects’’; 

3 (B) in paragraph (2)(B)— 

4 (i) by striking ‘‘and other nonprofit, 

5 nongovernmental organizations for pro6 grams and activities’’; and 

7 (ii) by inserting ‘‘to sexual assault vic8 tims’’ after ‘‘that provide direct intervention 

9 and related assistance’’; and 

10 (C) in paragraph (2)(C)(v), by striking 

11 ‘‘linguistically and culturally’’ and inserting 

12 ‘‘culturally and linguistically’’; 

13 (2) in subsection (c)(2)(A) by striking ‘‘that fo14 cuses primarily on’’ and inserting ‘‘whose primary 

15 mission is to address one or more’’; 

16 (3) in subsection (c)(2)(C) by striking ‘‘linguis17 tically and culturally’’ and inserting ‘‘culturally and 

18 linguistically’’; and 

19 (4) in subsection (c)(4)(B) by deleting ‘‘under20 served’’. 

21 (f) ENHANCING CULTURALLY AND LINGUISTICALLY

22 SPECIFIC SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, 

23 DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.— 

24 Section 121 of the Violence Against Women and DepartVerDate Nov 24 2008 23:59 May 07, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\S327.RS S327

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1 ment of Justice Reauthorization Act of 2005 (42 U.S.C. 

2 14045a) is amended— 

3 (1) in subsection (b)(1)(A) by inserting ‘‘for cul4 turally and linguistically specific populations’’ after 

5 ‘‘resources’’; 

6 (2) in subsection (b)(1)(B) by inserting ‘‘cul7 turally and linguistically specific’’ before ‘‘resources 

8 for’’; and 

9 (3) in subsection (g) by striking ‘‘linguistic and 

10 culturally’’ and inserting ‘‘culturally and linguis11 tically’’. 

12 SEC. 112. NATIONAL RESOURCE CENTER GRANTS TECH13 NICAL AMENDMENT. 

14 Section 41501(b)(3) of the Violence Against Women 

15 Act of 1994 (42 U.S.C. 14043f(b)(3)) is amended by striking 

16 ‘‘for materials’’. 

17 SEC. 113. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

18 INDIAN WOMEN. 

19 Section 904(a) of the Violence Against Women and De20 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

21 3796gg–10 note) is amended— 

22 (1) in paragraph (1), by striking all after ‘‘In23 dian women’’ and inserting a period; and 

24 (2) by striking paragraph (4) and inserting the 

25 following: 


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1 ‘‘(4) REPORT.—Beginning not later than 2 years 

2 after the date of enactment of this Act, the Attorney 

3 General shall submit an annual report, and upon 

4 completion a final report, that describes the progress, 

5 results, and recommendations of the study under this 

6 subsection to the Committee on Indian Affairs of the 

7 Senate, the Committee on the Judiciary of the Senate, 

8 and the Committee on the Judiciary of the House of 

9 Representatives.’’. 

10 SEC. 114. EXTENSION OF T NONIMMIGRANT STATUS. 

11 (a) IN GENERAL.—Section 214(o)(7) of the Immigra12 tion and Nationality Act (8 U.S.C. 1184(o)(7)) is amended 

13 by adding at the end the following: 

14 ‘‘(D) An alien may apply for extension of status under 

15 subparagraph (B) retroactively after the expiration of non16 immigrant status under subparagraph 101(a)(15)(T).’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 under subsection (a) shall take effect on the date of the en19 actment of this Act and shall apply to applications filed 

20 before, on, or after such date. 

21 SEC. 115. T AND U NONIMMIGRANT PROTECTIONS. 

22 (a) IN GENERAL.—Section 107(b)(1)(E)(i)(II)(aa) of 

23 the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

24 7105(b)(1)(E)(i)(II)(aa)) is amended by striking ‘‘bona 

25 fide’’ and inserting ‘‘prima facie’’. 


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1 (b) CONFORMING AMENDMENT.—Section 214(p)(6) of 

2 the Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) 

3 is amended by striking ‘‘bona fide’’ and inserting ‘‘prima 

4 facie’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on the date of the enactment of this 

7 Act and shall apply to applications filed before, on, or after 

8 such date. 

9 SEC. 116. U NONIMMIGRANT ADJUSTMENT OF STATUS. 

10 (a) IN GENERAL.—Section 245(m)(3) of the Immigra11 tion and Nationality Act (8 U.S.C. 1255(m)(3)) is amended 

12 by inserting ‘‘or an unmarried sibling under 18 years of 

13 age on the date of such application for adjustment of status 

14 under paragraph (1),’’ after ‘‘a parent’’. 

15 (b) EFFECTIVE DATE.—The amendment made by this 

16 section shall take effect on the date of the enactment of this 

17 Act and shall apply to applications filed before, on, or after 

18 such date. 

19 SEC. 117. CONFORMING AMENDMENT CONFIRMING HOUS20 ING ASSISTANCE FOR QUALIFIED ALIENS. 

21 (a) IN GENERAL.—Section 214 of the Housing and 

22 Community Development Act of 1980 (42 U.S.C. 1436a) 

23 is amended— 

24 (1) in subsection (a)— 


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1 (A) in paragraph (6), by striking ‘‘or’’ at 

2 the end; 

3 (B) by redesignating paragraph (7) as 

4 paragraph (8); and 

5 (C) by inserting after paragraph (6) the fol6 lowing: 

7 ‘‘(7) a qualified alien described in section 431 of 

8 the Personal Responsibility and Work Opportunity 

9 Reconciliation Act of 1996 (8 U.S.C. 1641); or’’; and 

10 (2) in subsection (c)— 

11 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

12 and inserting ‘‘(7)’’; and 

13 (B) in paragraph (2)(A), in the matter pre14 ceding clause (i), by inserting ‘‘(other than a 

15 qualified alien described in section 431 of the 

16 Personal Responsibility and Work Opportunity 

17 Reconciliation Act of 1996 (8 U.S.C. 1641))’’ 

18 after ‘‘any alien’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall apply to applications for public benefits 

21 and public benefits provided on or after the date of the en22 actment of this Act without regard to whether regulations 

23 to carry out such amendments have been implemented. 


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1 SEC. 118. FUNDING CLARIFICATION FOR STOP GRANTS. 

2 Section 2007(c)(3) of the Omnibus Crime Control and 

3 Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(c)(3)) is 

4 amended— 

5 (1) in subparagraph (C), by striking ‘‘and’’ after 

6 the semicolon; and 

7 (2) by inserting at the end the following: 

8 ‘‘except that if funds allocated under subparagraph 

9 (A) or (C) are not obligated within 18 months of re10 ceipt of the funds, the Attorney General may direct 

11 the State to allocate those funds for victim services, as 

12 provided by subparagraph (B); and’’. 

13 TITLE II—AGGRAVATED SEXUAL 

14 ABUSE 

15 SEC. 201. AGGRAVATED SEXUAL ABUSE. 

16 Section 2241(a) of title 18, United States Code, is 

17 amended by striking ‘‘this title, imprisoned for any term 

18 of years or life, or both’’ and insert ‘‘this title and impris19 oned for any term of years not less than 5, or for life’’. 


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Calendar No. 59 

111TH CONGRESS 

1ST SESSION S. 327 

A BILL 

To amend the Violence Against Women Act of 

for technical corrections. mestic and sexual violence victims and provide Streets Act of 1968 to improve assistance to do1994 and the Omnibus Crime Control and Safe 

MAY 7, 2009 

Reported with an amendment 


wwoods2 on PRODPC68 with BILLS