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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 327 Reported in Senate (RS)]

                                                        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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Improving Assistance to 
Domestic and Sexual Violence Victims Act of 2009''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS UNDER 
              VAWA.</DELETED>

<DELETED>    (a) Youth Definition.--Section 40002(a)(37) of the 
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(37)) is amended 
to read as follows:</DELETED>
        <DELETED>    ``(37) Youth.--The term `youth' means individuals 
        who are between the ages of 12 and 24.''.</DELETED>
<DELETED>    (b) Expertise Requirement.--Section 40002(b)(11) of the 
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(11)) is amended 
by adding at the end the following: ``The Director of the Office on 
Violence Against Women shall ensure that training or technical 
assistance will be developed and provided by entities having 
demonstrated expertise in the purposes, uses of funds, and other 
aspects of the grant program for which such training or technical 
assistance is provided.''.</DELETED>
<DELETED>    (c) Matching Requirement.--Section 40002(b)(1) of the 
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)) is amended 
to read as follows:</DELETED>
        <DELETED>    ``(1) Match.--No matching funds shall be required 
        for a grant or subgrant made under this title for--</DELETED>
                <DELETED>    ``(A) any tribe, territory, or victim 
                service provider; or</DELETED>
                <DELETED>    ``(B) any other entity, including a State, 
                that the Attorney General determines has adequately 
                demonstrated financial need.''.</DELETED>
<DELETED>    (d) Treatment of Confidential Information.--Section 
40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C. 
13925(b)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by inserting ``privacy 
        and'' before ``safety'';</DELETED>
        <DELETED>    (2) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by striking ``and (D)'' and inserting 
                ``, (D), (E), (F), (G), and (H)'';</DELETED>
                <DELETED>    (B) in clause (i)--</DELETED>
                        <DELETED>    (i) by inserting ``, reveal, or 
                        release'' after ``disclose''; and</DELETED>
                        <DELETED>    (ii) by inserting ``, regardless 
                        of whether the information is encoded, 
                        encrypted, hashed, or otherwise protected,'' 
                        after ``individual information''; and</DELETED>
                <DELETED>    (C) in clause (ii)--</DELETED>
                        <DELETED>    (i) by striking ``reveal'' and 
                        inserting ``disclose, reveal, or 
                        release'';</DELETED>
                        <DELETED>    (ii) by striking each place it 
                        appears ``consent'' and inserting ``consent or 
                        authorization'';</DELETED>
                        <DELETED>    (iii) by striking ``persons with 
                        disabilities'' and inserting ``a person with a 
                        court-appointed guardian''; and</DELETED>
                        <DELETED>    (iv) by striking ``person with 
                        disabilities'' and inserting ``person with a 
                        court-appointed guardian'';</DELETED>
        <DELETED>    (3) in subparagraph (C)--</DELETED>
                <DELETED>    (A) by inserting ``disclosure, revelation, 
                or'' after ``If'';</DELETED>
                <DELETED>    (B) in clause (i), by inserting ``, 
                revelation, or release'' after ``disclosure''; 
                and</DELETED>
                <DELETED>    (C) in clause (ii), by inserting 
                ``disclosure, revelation, or'' after ``affected by 
                the''; and</DELETED>
        <DELETED>    (4) by designating subparagraph (E) as 
        subparagraph (H) and inserting after subparagraph (D) the 
        following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Preemption.--The provisions of this 
                paragraph shall not supersede any other provision of 
                Federal, State, tribal, territorial, or local law 
                relating to the privacy or confidentiality of 
                information to the extent to which such other provision 
                provides greater privacy or confidentiality protection 
                than this paragraph for victims of domestic violence, 
                dating violence, sexual assault, or stalking.</DELETED>
                <DELETED>    ``(G) Certain minors and persons with 
                guardians.--If a minor or a person with a court-
                appointed guardian is permitted by law to receive 
                services without the parent's or guardian's consent or 
                authorization, the minor or person with a court-
                appointed guardian may consent to a disclosure, 
                revelation, or release of information. In no case may 
                consent or authorization for release of information be 
                given by the abuser of the minor, or person with a 
                court-appointed guardian, or the abuser of the other 
                parent of the minor.''.</DELETED>
<DELETED>    (e) Effective Date.--The amendments made by this section 
shall apply to grants awarded for periods beginning on or after October 
1, 2009.</DELETED>

<DELETED>SEC. 3. CRIMINAL JUSTICE.</DELETED>

<DELETED>    (a) Application Requirements.--</DELETED>
        <DELETED>    (1) In general.--Section 2007(d) of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        1(d)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (3) by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (4), by striking the 
                period and inserting ``and''; and</DELETED>
                <DELETED>    (C) by inserting at the end the 
                following:</DELETED>
        <DELETED>    ``(5) proof of compliance with the requirements 
        prohibiting the publication of protection order information on 
        the Internet provided in section 2013A.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall apply to grants awarded for periods 
        beginning on or after October 1, 2009.</DELETED>
<DELETED>    (b) State and Federal Obligations.--Section 2007(f) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
1(f)) is amended to read as follows:</DELETED>
<DELETED>    ``(f) Federal Share.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided under 
        paragraph (2), the Federal share of a grant made under this 
        subtitle may not exceed 75 percent of the total costs of the 
        projects described in the application submitted.</DELETED>
        <DELETED>    ``(2) Exemption from matching funds.--No matching 
        funds shall be required for that portion of a grant that is 
        subgranted to any tribe or for victims services.''.</DELETED>
<DELETED>    (c) Limits on Internet Publication of Protection Order 
Information.--Section 2265(d) of title 18, United States Code, is 
amended by striking paragraph (3).</DELETED>
<DELETED>    (d) State Certification.--Part T of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended by inserting after section 2013 the following:</DELETED>

<DELETED>``SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PROTECTION 
              ORDER INFORMATION.</DELETED>

<DELETED>    ``(a) In General.--A State, Indian tribal government, or 
unit of local government shall not be eligible to receive funds under 
this part unless the State, Indian tribal government, or unit of local 
government certifies that it does not make available publicly on the 
Internet any information regarding the filing for or issuance, 
modification, registration, extension, or enforcement of a protection 
order, restraining order, or injunction in either the issuing or 
enforcing State, tribal, or territorial jurisdiction, if such 
publication would be likely to publicly reveal the identity or location 
of the party protected under such order.</DELETED>
<DELETED>    ``(b) Exception.--A State, Indian tribe, or territory may 
share court-generated and law enforcement-generated information about 
an order or injunction described in subsection (a) if such information 
is contained in secure, governmental registries for purposes of 
enforcing orders and injunctions described in subsection (a).</DELETED>
<DELETED>    ``(c) Effective Date.--A State, Indian tribal government, 
or unit of local government must meet the requirements of subsection 
(a) and (b) by the later of--</DELETED>
        <DELETED>    ``(1) 2 years from the date of enactment of the 
        Improving Assistance to Domestic and Sexual Violence Victims 
        Act of 2009; or</DELETED>
        <DELETED>    ``(2) the period ending on the date on which the 
        next session of the State legislature ends.''.</DELETED>
<DELETED>    (e) Health Care Professionals.--Section 2010(c) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) 
is amended by striking ``trained examiners for'' and inserting ``health 
care professionals for adult and youth''.</DELETED>
<DELETED>    (f) Rural State.--Section 40002 (a)(22) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)(22)) is amended by 
striking ``150,000 people, based on the most recent decennial census'' 
and inserting ``200,000 people, based on the decennial census of 
2000''.</DELETED>
<DELETED>    (g) Costs for Criminal Charges and Protection Orders.--
Section 2011(a)(1) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg-5(a)(1)) is amended by inserting ``dating 
violence,'' before ``stalking''.</DELETED>
<DELETED>    (h) Grants To Encourage Arrest Policies and Enforcement of 
Protection Orders.--Section 2101(c)(4) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by 
inserting ``dating violence,'' before ``stalking''.</DELETED>

<DELETED>SEC. 4. FAMILIES.</DELETED>

<DELETED>    (a) In General.--Section 41304 of the Violence Against 
Women Act of 1994 (42 U.S.C. 14043d-3) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``Attorney General, acting through the Director of the 
                Office on Violence Against Women, and in collaboration 
                with the Department of Health and Human Services'' and 
                inserting ``Secretary of Health and Human Services (in 
                this section referred to as the `Secretary'), through 
                the Administration for Children, Youth and 
                Families'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                ``Director'' and inserting ``Secretary''; and</DELETED>
                <DELETED>    (C) in paragraph (3), by striking 
                ``Director'' and inserting ``Secretary''; and</DELETED>
        <DELETED>    (2) in subsection (d)(1), by striking both places 
        it appears ``Director'' and inserting ``Secretary''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to grants issued on or after October 1, 2009.</DELETED>

<DELETED>SEC. 5. HOUSING.</DELETED>

<DELETED>    (a) Section 6.--Section 6(u)(1)(A) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting ``, as 
described in subparagraph (C),'' after ``HUD approved certification 
form''.</DELETED>
<DELETED>    (b) Section 8.--Section 8(ee)(1)(A) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting ``, as 
described in subparagraph (C),'' after ``HUD approved certification 
form''.</DELETED>

<DELETED>SEC. 6. ECONOMIC SECURITY.</DELETED>

<DELETED>    (a) Authority.--Section 41501(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 14043f(a)) is amended--</DELETED>
        <DELETED>    (1) by striking ``The Attorney General'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General''; 
        and</DELETED>
        <DELETED>    (2) by striking the last sentence and inserting 
        the following:</DELETED>
        <DELETED>    ``(2) Information and assistance.--The resource 
        center shall provide information and assistance to--</DELETED>
                <DELETED>    ``(A) employers and labor organizations to 
                aid in their efforts to develop and implement responses 
                to such violence; and</DELETED>
                <DELETED>    ``(B) victim service providers, including 
                community-based organizations, State domestic violence 
                coalitions, State sexual assault coalitions, and tribal 
                coalitions, to enable to them to provide resource 
                materials or other assistance to employers, labor 
                organizations, or employees.''.</DELETED>
<DELETED>    (b) Entities Providing Assistance.--Section 41501 (c)(1) 
of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is 
amended by striking ``and labor organizations'' and inserting ``, labor 
organizations, victim service providers, community-based organizations, 
State domestic violence coalitions, State sexual assault coalitions, 
and tribal coalitions''.</DELETED>

<DELETED>SEC. 7. TRIBAL ISSUES.</DELETED>

<DELETED>    (a) Consultation.--Section 903 of the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 is amended 
by inserting at the end the following:</DELETED>
<DELETED>    ``(c) Reports to Congress.--Not later than 3 months after 
the date of each of the annual consultations, beginning with the first 
consultation following the date of the enactment of this subsection, 
the Attorney General shall submit to the Committee on Indian Affairs 
and the Committee on the Judiciary of the Senate and the Committee on 
the Judiciary and the Committee on Natural Resources of the House of 
Representatives a report summarizing the annual consultations involved, 
any request of Indian tribes made pursuant to such consultations for 
enhancing the safety of Indian women, and the investigative efforts of 
the Federal Bureau of Investigation and prosecutorial efforts of the 
United States Attorneys on cases of domestic violence, sexual assault, 
dating violence, and stalking, involving adult Indian women. The first 
of such reports shall include the total number of investigations, 
indictments, declinations, and convictions of cases described in the 
previous sentence for the 3 years preceding the annual consultation 
involved and each subsequent report shall include the total number of 
investigations, indictments, declination, and convictions of such cases 
for the year preceding the annual consultation involved.''.</DELETED>
<DELETED>    (b) Grants to Indian Tribal Governments.--</DELETED>
        <DELETED>    (1) In general.--Section 2015 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10) is 
        amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Availability.--Funds appropriated under this section 
shall remain available until expended and may only be used for the 
activities described in this section.</DELETED>
<DELETED>    ``(d) Duration.--Grants made under this section shall be 
for a period of 24 months. Upon request of a grantee, the tribal deputy 
director may extend the grant period involved for purposes of enabling 
the grantee to complete the activities agreed to under the terms of the 
grant provided that no additional funds may be provided under this 
section pursuant to such extension.</DELETED>
<DELETED>    ``(e) Technical Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 6 months after 
        the date of receipt of funding for this program, the Director 
        of the Office on Violence Against Women shall set aside and 
        disperse not less than 6 percent of the total amount of the 
        funds made available under this section for the purpose of 
        entering into cooperative agreements with qualified tribal 
        organizations to provide technical assistance and training to 
        Indian tribes to address violence against Indian women. Such 
        training and technical experience shall be specifically 
        designed to address the unique legal status and geographic 
        circumstances of the Indian tribes receiving funds under this 
        section.</DELETED>
        <DELETED>    ``(2) Qualified tribal organization.--For purposes 
        of paragraph (1), a qualified tribal organization is a tribal 
        organization with demonstrated experience in providing training 
        and technical experience to Indian tribes in addressing 
        violence against Indian women.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall apply to grants made on or after October 1, 
        2009.</DELETED>

<DELETED>SEC. 8. POLYGRAPH PROCEDURES.</DELETED>

<DELETED>    (a) STOP Grants.--Section 2013(a) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-8(a)) is amended 
by striking ``as a condition for proceeding with the investigation of 
such an offense''.</DELETED>
<DELETED>    (b) Grants To Encourage Arrest.--Section 2101(c)(5)(A) of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796hh(c)(5)(A)) is amended by striking ``as a condition for proceeding 
with the investigation of such an offense''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by subsections 
(a) and (b) shall apply to grants made on or after the latter of the 
following dates:</DELETED>
        <DELETED>    (1) The date that is 2 years after the date of the 
        enactment of this Act.</DELETED>
        <DELETED>    (2) The date on which the next session of the 
        State legislature of the State involved ends.</DELETED>

<DELETED>SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS.</DELETED>

<DELETED>    Section 2101(b) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended by adding at the 
end the following new paragraph:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING AND 
              TREATMENT.</DELETED>

<DELETED>    Section 2101 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796hh) is amended--</DELETED>
        <DELETED>    (1) in subsection (b), as amended by section 9, by 
        adding at the end the following new paragraph:</DELETED>
        <DELETED>    ``(15) To develop human immunodeficiency virus 
        (HIV), Hepatitis B, Hepatitis C, and sexually transmitted 
        infection testing and treatment programs for sexual assault 
        victims that include notification, treatment, counseling, and 
        confidentiality protocols.''; and</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) by inserting ``or Treatment'' after 
                ``Notice''; and</DELETED>
                <DELETED>    (B) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) certifies it has a law that requires the 
        State or unit of local government, respectively, to provide at 
        the request of a victim or the parent or guardian of a victim--
        </DELETED>
                <DELETED>    ``(A) anonymous and confidential free 
                testing for the victim for the human immunodeficiency 
                virus (HIV), Hepatitis B, Hepatitis C, and other 
                sexually transmitted infections as medically 
                appropriate;</DELETED>
                <DELETED>    ``(B) as soon as practicable, notification 
                to the victim, or parent or guardian of a victim, of 
                the testing results;</DELETED>
                <DELETED>    ``(C) anonymous and confidential free 
                follow-up testing for the victim as medically 
                appropriate;</DELETED>
                <DELETED>    ``(D) free prophylaxis and treatment as 
                necessary for the victim;</DELETED>
                <DELETED>    ``(E) free counseling and support to the 
                victim regarding any health care concerns of the victim 
                with respect to the human immunodeficiency virus (HIV), 
                Hepatitis B, Hepatitis C, and other sexually 
                transmitted infections; and</DELETED>
                <DELETED>    ``(F) assurances that the test results of 
                the victim shall remain confidential unless otherwise 
                provided by law; and</DELETED>
        <DELETED>    ``(3) provides assurances to the satisfaction of 
        the Attorney General that its laws will be in compliance with 
        the requirements of paragraph (1) or (2) by a date that is not 
        later than the latter of the following dates:</DELETED>
                <DELETED>    ``(A) The date that is 2 years after the 
                date of the enactment of the Improving Assistance to 
                Domestic and Sexual Violence Victims Act of 
                2009.</DELETED>
                <DELETED>    ``(B) The date on which the next session 
                of the State legislature ends.''.</DELETED>

<DELETED>SEC. 11. CLARIFICATION OF THE TERM CULTURALLY AND 
              LINGUISTICALLY SPECIFIC.</DELETED>

<DELETED>    (a) Definitions.--Section 40002(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (17) and redesignating 
        the subsequent paragraphs accordingly; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (5) the following 
        new paragraphs and redesignating the subsequent paragraphs (as 
        redesignated by paragraph (1)) accordingly:</DELETED>
        <DELETED>    ``(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))).</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Collaborative Grants to Increase the Long-Term 
Stability of Victims.--Section 41404 of the Violence Against Women Act 
of 1994 (42 U.S.C. 13701 et seq.) is amended in subsection (f)(1) by 
striking ``linguistically and culturally'' and inserting ``culturally 
and linguistically''.</DELETED>
<DELETED>    (c) Grants to Combat Violence Against Women in Public and 
Assisted Housing.--Section 41405 of the Violence Against Women Act of 
1994 (42 U.S.C. 13701 et seq.) is amended in subsection (c)(2)(D) by 
striking ``linguistically and culturally'' and inserting ``culturally 
and linguistically''.</DELETED>
<DELETED>    (d) State Grants.--Section 2007(e)(2)(D) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
1(e)(2)(D)) is amended by striking ``linguistically and culturally'' 
and inserting ``culturally and linguistically''.</DELETED>
<DELETED>    (e) Sexual Assault Services.--Section 2014 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 14043g) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``and 
                other programs and projects'';</DELETED>
                <DELETED>    (B) in paragraph (2)(B)--</DELETED>
                        <DELETED>    (i) by striking ``and other 
                        nonprofit, nongovernmental organizations for 
                        programs and activities''; and</DELETED>
                        <DELETED>    (ii) by inserting ``to sexual 
                        assault victims'' after ``that provide direct 
                        intervention and related assistance''; 
                        and</DELETED>
                <DELETED>    (C) in paragraph (2)(C)(v), by striking 
                ``linguistically and culturally'' and inserting 
                ``culturally and linguistically'';</DELETED>
        <DELETED>    (2) in subsection (c)(2)(A) by striking ``that 
        focuses primarily on'' and inserting ``whose primary mission is 
        to address one or more'';</DELETED>
        <DELETED>    (3) in subsection (c)(2)(C) by striking 
        ``linguistically and culturally'' and inserting ``culturally 
        and linguistically''; and</DELETED>
        <DELETED>    (4) in subsection (c)(4)(B) by deleting 
        ``underserved''.</DELETED>
<DELETED>    (f) Enhancing Culturally and Linguistically Specific 
Services for Victims of Domestic Violence, Dating Violence, Sexual 
Assault, and Stalking.--Section 121 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1)(A) by inserting ``for 
        culturally and linguistically specific populations'' after 
        ``resources'';</DELETED>
        <DELETED>    (2) in subsection (b)(1)(B) by inserting 
        ``culturally and linguistically specific'' before ``resources 
        for''; and</DELETED>
        <DELETED>    (3) in subsection (g) by striking ``linguistic and 
        culturally'' and inserting ``culturally and 
        linguistically''.</DELETED>

<DELETED>SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECHNICAL 
              AMENDMENT.</DELETED>

<DELETED>    Section 41501(b)(3) of the Violence Against Women Act of 
1994 (42 U.S.C. 14043f(b)(3)) is amended by striking ``for 
materials''.</DELETED>

<DELETED>SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN 
              WOMEN.</DELETED>

<DELETED>    Section 904(a)(1) of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-
10(a)(1) note) is amended by striking ``in Indian country'' and 
inserting ``on land owned or held in trust for the benefit of an Indian 
tribe included on the list published under section 104 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-
1)''.</DELETED>

<DELETED>SEC. 14. MOTIONS TO REOPEN.</DELETED>

<DELETED>    (a) In General.--Section 240(c)(7)(C)(iv)(I) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)(C)(iv)(I)) is 
amended to read as follows:</DELETED>
                                <DELETED>    ``(I) if the basis for the 
                                motion is to apply for relief under 
                                subparagraph (T) or (U) of section 
                                101(a)(15), clause (iii) or (iv) of 
                                section 204(a)(1)(A), clause (ii) or 
                                (iii) of section 204(a)(1)(B), section 
                                240A(b)(2), section 244(a)(3) (as in 
                                effect on March 31, 1997), or 
                                subsection (l) or (m) of section 
                                245;''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to applications filed before, on, or after such date.</DELETED>

<DELETED>SEC. 15. EXTENSION OF T NONIMMIGRANT STATUS.</DELETED>

<DELETED>    (a) In General.--Section 214(o)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1184(o)(7)) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(D) An alien may apply for extension of status under 
subparagraph (B) retroactively after the expiration of nonimmigrant 
status under subparagraph 101(a)(15)(T).''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by under 
subsection (a) shall take effect on the date of the enactment of this 
Act and shall apply to applications filed before, on, or after such 
date.</DELETED>

<DELETED>SEC. 16. T AND U NONIMMIGRANT PROTECTIONS.</DELETED>

<DELETED>    (a) In General.--Section 107(b)(1)(E)(i)(II)(aa) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(b)(1)(E)(i)(II)(aa)) is amended by striking ``bona fide'' and 
inserting ``prima facie''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 214(p)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) is amended by 
striking ``bona fide'' and inserting ``prima facie''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act and shall 
apply to applications filed before, on, or after such date.</DELETED>

<DELETED>SEC. 17. U NONIMMIGRANT ADJUSTMENT OF STATUS.</DELETED>

<DELETED>    (a) In General.--Section 245(m)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1255(m)(3)) is amended by inserting ``or an 
unmarried sibling under 18 years of age on the date of such application 
for adjustment of status under paragraph (1),'' after ``a 
parent''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by this section 
shall take effect on the date of the enactment of this Act and shall 
apply to applications filed before, on, or after such date.</DELETED>

<DELETED>SEC. 18. CONFORMING AMENDMENT CONFIRMING HOUSING ASSISTANCE 
              FOR QUALIFIED ALIENS.</DELETED>

<DELETED>    (a) In General.--Section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (6), by striking ``or'' 
                at the end;</DELETED>
                <DELETED>    (B) by redesignating paragraph (7) as 
                paragraph (8); and</DELETED>
                <DELETED>    (C) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) a qualified alien described in section 431 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1641); or''; and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by striking 
                ``(6)'' and inserting ``(7)''; and</DELETED>
                <DELETED>    (B) in paragraph (2)(A), in the matter 
                preceding clause (i), by inserting ``(other than a 
                qualified alien described in section 431 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1641)'' after 
                ``any alien''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply to applications for public benefits and public benefits 
provided on or after the date of the enactment of this Act without 
regard to whether regulations to carry out such amendments have been 
implemented.</DELETED>

<DELETED>SEC. 19. PROCESSING OF CERTAIN VISAS.</DELETED>

<DELETED>    (a) In General.--Section 238(b)(5) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(Public Law 110-457; 122 Stat 5085) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(5) Measures taken to ensure that--</DELETED>
                <DELETED>    ``(A) the Office of Policy and Strategy at 
                United States Citizenship and Immigration Services 
                leads policy and program development with regard to 
                Violence Against Women Act confidentiality-protected 
                victims and their derivative family members; 
                and</DELETED>
                <DELETED>    ``(B) there is routine consultation with 
                the Office on Policy and Strategy during the 
                development of any other Department of Homeland 
                Security regulation or operational policy that impacts 
                Violence Against Women Act confidentiality-protected 
                victims and their derivative family 
                members.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to applications filed before, on, or after such date.</DELETED>

 TITLE I--IMPROVING ASSISTANCE TO DOMESTIC AND SEXUAL VIOLENCE VICTIMS 
                              ACT OF 2009

SEC. 101. SHORT TITLE.

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

SEC. 102. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this title and the 
amendments made by this title shall take effect at the beginning of 
fiscal year 2010.

SEC. 103. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS UNDER VAWA.

    (a) Youth Definition.--Section 40002(a)(37) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)(37)) is amended to read as 
follows:
            ``(37) Youth.--The term `youth' means an individual who is 
        between 12 and 24 years of age.''.
    (b) Trained Examiner Definition.--Section 40002(a) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended by inserting 
at the end the following:
            ``(38) Trained examiner.--The term `trained examiner' means 
        a health care professional who has received specialized 
        training specific to sexual assault victims which includes both 
        gathering forensic evidence and medical needs.''.
    (c) Personal Information.--Section 40002(a)(18) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)(18)) is amended by 
inserting after ``stalking,'' the following: ``regardless of whether 
the information is encoded, encrypted, hashed, or otherwise 
protected,''.
    (d) Expertise Requirement.--Section 40002(b)(11) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(b)(11)) is amended by adding 
at the end the following: ``The Director of the Office on Violence 
Against Women shall ensure that training or technical assistance will 
be developed and provided by entities having demonstrated expertise in 
the purposes, uses of funds, and other aspects of the grant program for 
which such training or technical assistance is provided.''.
    (e) Matching Requirement.--Section 40002(b)(1) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(b)(1)) is amended to read as 
follows:
            ``(1) Match.--No matching funds shall be required for a 
        grant or subgrant made under this title for--
                    ``(A) any tribe, territory, or victim service 
                provider; or
                    ``(B) any other entity, including a State, that the 
                Attorney General determines has adequately demonstrated 
                financial need.''.
    (f) Treatment of Confidential Information.--Section 40002(b)(2) of 
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(2)) is 
amended--
            (1) in subparagraph (A), by inserting ``privacy and'' 
        before ``safety'';
            (2) in subparagraph (B)--
                    (A) by striking ``and (D)'' and inserting ``, (D), 
                (E), (F), (G), and (H)'';
                    (B) in clause (i)--
                            (i) by inserting ``, reveal, or release'' 
                        after ``disclose''; and
                            (ii) by inserting ``, regardless of whether 
                        the information is encoded, encrypted, hashed, 
                        or otherwise protected,'' after ``individual 
                        information''; and
                    (C) in clause (ii)--
                            (i) by striking ``reveal'' and inserting 
                        ``disclose, reveal, or release'';
                            (ii) by striking ``consent'' each place it 
                        appears and inserting ``consent or 
                        authorization''; and
                            (iii) by striking ``persons with 
                        disabilities'' and inserting ``a person with a 
                        court-appointed guardian'';
            (3) in subparagraph (C)--
                    (A) by inserting ``disclosure, revelation, or'' 
                after ``If'';
                    (B) in clause (i), by inserting ``, revelation, or 
                release'' after ``disclosure''; and
                    (C) in clause (ii), by inserting ``disclosure, 
                revelation, or'' after ``affected by the'';
            (4) by redesignating subparagraph (E) as subparagraph (H); 
        and
            (5) by inserting after subparagraph (D) the following:
                    ``(E) Statutorily permitted reports of abuse or 
                neglect.--Nothing in this paragraph shall prohibit a 
                grantee or subgrantee from reporting abuse and neglect, 
                as those terms are defined by law, and where mandated 
                or expressly permitted by the State, tribe, or 
                territory involved.
                    ``(F) Preemption.--This paragraph shall not 
                supersede any other provision of Federal, State, 
                tribal, territorial, or local law relating to the 
                privacy or confidentiality of information to the extent 
                to which such other provision provides greater privacy 
                or confidentiality protection than this paragraph for 
                victims of domestic violence, dating violence, sexual 
                assault, or stalking.
                    ``(G) Certain minors and persons with guardians.--
                If a minor or a person with a court-appointed guardian 
                is permitted by law to receive services without the 
                parent's or guardian's consent or authorization, the 
                minor or person with a court-appointed guardian may 
                consent to a disclosure, revelation, or release of 
                information. In no case may consent or authorization 
                for release of information be given by the abuser of 
                the minor, or person with a court-appointed guardian, 
                or the abuser of the other parent of the minor.''.

SEC. 104. CRIMINAL JUSTICE.

    (a) Application Requirements.--
            (1) In general.--Section 2007(d) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(d)) is 
        amended--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting at the end the following:
            ``(5) proof of compliance with the requirements prohibiting 
        the publication of protection order information on the Internet 
        under section 2013A.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to grants awarded for periods beginning on or after 
        October 1, 2009.
    (b) State and Federal Obligations.--Section 2007(f) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(f)) is 
amended to read as follows:
    ``(f) Federal Share.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the Federal share of a grant made under this part may not 
        exceed 75 percent of the total costs of the projects described 
        in the application submitted.
            ``(2) Exemption from matching funds.--No matching funds 
        shall be required for that portion of a grant under this part 
        that is subgranted to any Indian tribal government for victims 
        services.''.
    (c) Limits on Internet Publication of Protection Order 
Information.--Section 2265(d) of title 18, United States Code, is 
amended by striking paragraph (3).
    (d) State Certification.--Part T of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by 
inserting after section 2013 the following:

``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.''.
    (e) Territory.--Section 2010 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``Territory,'' 
                after ``State,'', both places it appears; and
                    (B) in paragraph (2), by inserting ``Territory,'' 
                after ``State,'' and ``Territories,'' after 
                ``States,'';
            (2) in subsection (b), by inserting ``Territory,'' after 
        ``State,'' both places it appears;
            (3) in subsection (c), by inserting ``Territory,'' after 
        ``State,''; and
            (4) in subsection (e), by inserting ``Territory,'' after 
        ``State,'' both places it appears.
    (f) Rural State.--Section 40002 (a)(22) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)(22)) is amended by striking 
``150,000'' and inserting ``200,000''.
    (g) Costs for Criminal Charges and Protection Orders.--Section 
2011(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796gg-5(a)(1)) is amended by inserting ``dating violence,'' 
before ``stalking''.
    (h) Grants To Encourage Arrest Policies and Enforcement of 
Protection Orders.--Section 2101(c)(4) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by 
inserting ``dating violence,'' before ``stalking''.
    (i) Effective Date.--The amendments made by subsections (g) and (h) 
shall take effect 2 years after the date of enactment of this Act.

SEC. 105. FAMILIES.

    (a) In General.--Section 41304 of the Violence Against Women Act of 
1994 (42 U.S.C. 14043d-3) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``Attorney 
                General, acting through the Director of the Office on 
                Violence Against Women, and in collaboration with the 
                Department of Health and Human Services'' and inserting 
                ``Secretary of Health and Human Services (in this 
                section referred to as the `Secretary'), acting through 
                the Administration for Children, Youth and Families'';
                    (B) in paragraph (2), by striking ``Director'' and 
                inserting ``Secretary''; and
                    (C) in paragraph (3), by striking ``Director'' and 
                inserting ``Secretary''; and
            (2) in subsection (d)(1), by striking both places it 
        appears ``Director'' and inserting ``Secretary''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to grants issued on or after October 1, 2009.

SEC. 106. HOUSING.

    (a) Section 6.--Section 6(u)(1)(A) of the United States Housing Act 
of 1937 (42 U.S.C. 1437d) is amended by inserting ``, as described in 
subparagraph (C),'' after ``HUD approved certification form''.
    (b) Section 8.--Section 8(ee)(1)(A) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f) is amended by inserting ``, as described 
in subparagraph (C),'' after ``HUD approved certification form''.

SEC. 107. ECONOMIC SECURITY.

    (a) Authority.--Section 41501(a) of the Violence Against Women Act 
of 1994 (42 U.S.C. 14043f(a)) is amended--
            (1) by striking ``The Attorney General'' and inserting the 
        following:
            ``(1) In general.--The Attorney General''; and
            (2) by striking the last sentence and inserting the 
        following:
            ``(2) Information and assistance.--The resource center 
        established under paragraph (1) shall provide information and 
        assistance to--
                    ``(A) employers and labor organizations to aid in 
                their efforts to develop and implement responses to 
                such violence; and
                    ``(B) victim service providers, including 
                community-based organizations, State domestic violence 
                coalitions, State sexual assault coalitions, and tribal 
                coalitions, to enable to the providers to provide 
                resource materials or other assistance to employers, 
                labor organizations, or employees.''.
    (b) Entities Providing Assistance.--Section 41501(c)(1) of the 
Violence Against Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is amended 
by striking ``and labor organizations'' and inserting ``, labor 
organizations, victim service providers, community-based organizations, 
State domestic violence coalitions, State sexual assault coalitions, 
and tribal coalitions,''.

SEC. 108. TRIBAL ISSUES.

    Section 2015 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg-10) is amended by adding at the end the 
following:
    ``(c) Availability.--Funds available under this section shall 
remain available until expended and may only be used for the activities 
described in this section.
    ``(d) Duration.--A grant made under this section shall be for a 
period of 24 months.''.

SEC. 109. SEXUAL ASSAULT NURSE EXAMINERS.

    Section 2101(b) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796hh(b)) is amended by adding at the end the 
following:
            ``(14) To provide for sexual assault forensic medical 
        personnel examiners in the collection and preservation of 
        evidence, expert testimony, and treatment of trauma related to 
        sexual assault.''.

SEC. 110. SEXUALLY TRANSMITTED INFECTION TESTING AND TREATMENT.

    Section 2101 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (b), as amended by section 9 of this Act, 
        by adding at the end the following new paragraph:
            ``(15) To develop human immunodeficiency virus, Hepatitis 
        B, Hepatitis C, and sexually transmitted infection testing and 
        treatment programs for sexual assault victims that include 
        notification, treatment, counseling, and confidentiality 
        protocols.''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) HIV Testing and 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 a 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 
                such 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 probable 
                        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 laws 
        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.''.

SEC. 111. CLARIFICATION OF THE TERM CULTURALLY AND LINGUISTICALLY 
              SPECIFIC.

    (a) Definitions.--Section 40002(a) of the Violence Against Women 
Act of 1994 (42 U.S.C. 13925(a)) is amended--
            (1) by striking paragraph (17);
            (2) by redesignating the paragraphs (18) through (38) as 
        paragraphs (19) through (39), respectively;
            (3) by redesignating the paragraphs (6) through (16) as 
        paragraphs (8) through (18), respectively; and
            (4) by inserting after paragraph (5) the following new 
        paragraphs and redesignating the subsequent paragraphs (as 
        redesignated by paragraph (1)) accordingly:
            ``(6) Culturally specific.--The terms `culturally specific' 
        and `culturally and linguistically specific' mean specific to 
        racial and ethnic minority groups (as defined in section 
        1707(g) of the Public Health Service Act (42 U.S.C. 300u-
        6(g))).
            ``(7) Culturally and linguistically specific services.--The 
        terms `culturally and linguistically specific services' and 
        `culturally specific services' mean community-based services 
        that offer full linguistic access and culturally specific 
        services and resources, including outreach, collaboration, and 
        support mechanisms primarily directed toward culturally 
        specific communities.''.
    (b) Collaborative Grants to Increase the Long-Term Stability of 
Victims.--Section 41404(f)(1) of the Violence Against Women Act of 1994 
(42 U.S.C. 14043e-3(f)(1)) is amended by striking ``linguistically and 
culturally'' and inserting ``culturally and linguistically''.
    (c) Grants To Combat Violence Against Women in Public and Assisted 
Housing.--Section 41405(c)(2)(D) of the Violence Against Women Act of 
1994 (42 U.S.C. 14043e-4(c)(2)(D)) is amended by striking 
``linguistically and culturally'' and inserting ``culturally and 
linguistically''.
    (d) State Grants.--Section 2007(e)(2)(D) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)(2)(D)) is 
amended by striking ``linguistically and culturally'' and inserting 
``culturally and linguistically''.
    (e) Sexual Assault Services.--Section 2014 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-9) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``and other 
                programs and projects'';
                    (B) in paragraph (2)(B)--
                            (i) by striking ``and other nonprofit, 
                        nongovernmental organizations for programs and 
                        activities''; and
                            (ii) by inserting ``to sexual assault 
                        victims'' after ``that provide direct 
                        intervention and related assistance''; and
                    (C) in paragraph (2)(C)(v), by striking 
                ``linguistically and culturally'' and inserting 
                ``culturally and linguistically'';
            (2) in subsection (c)(2)(A) by striking ``that focuses 
        primarily on'' and inserting ``whose primary mission is to 
        address one or more'';
            (3) in subsection (c)(2)(C) by striking ``linguistically 
        and culturally'' and inserting ``culturally and 
        linguistically''; and
            (4) in subsection (c)(4)(B) by deleting ``underserved''.
    (f) Enhancing Culturally and Linguistically Specific Services for 
Victims of Domestic Violence, Dating Violence, Sexual Assault, and 
Stalking.--Section 121 of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended--
            (1) in subsection (b)(1)(A) by inserting ``for culturally 
        and linguistically specific populations'' after ``resources'';
            (2) in subsection (b)(1)(B) by inserting ``culturally and 
        linguistically specific'' before ``resources for''; and
            (3) in subsection (g) by striking ``linguistic and 
        culturally'' and inserting ``culturally and linguistically''.

SEC. 112. NATIONAL RESOURCE CENTER GRANTS TECHNICAL AMENDMENT.

    Section 41501(b)(3) of the Violence Against Women Act of 1994 (42 
U.S.C. 14043f(b)(3)) is amended by striking ``for materials''.

SEC. 113. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.

    Section 904(a) of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is 
amended--
            (1) in paragraph (1), by striking all after ``Indian 
        women'' and inserting a period; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Report.--Beginning not later than 2 years after the 
        date of enactment of this Act, the Attorney General shall 
        submit an annual report, and upon completion a final report, 
        that describes the progress, results, and recommendations of 
        the study under this subsection to the Committee on Indian 
        Affairs of the Senate, the Committee on the Judiciary of the 
        Senate, and the Committee on the Judiciary of the House of 
        Representatives.''.

SEC. 114. EXTENSION OF T NONIMMIGRANT STATUS.

    (a) In General.--Section 214(o)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1184(o)(7)) is amended by adding at the end 
the following:
    ``(D) An alien may apply for extension of status under subparagraph 
(B) retroactively after the expiration of nonimmigrant status under 
subparagraph 101(a)(15)(T).''.
    (b) Effective Date.--The amendments made by under subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to applications filed before, on, or after such date.

SEC. 115. T AND U NONIMMIGRANT PROTECTIONS.

    (a) In General.--Section 107(b)(1)(E)(i)(II)(aa) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)(i)(II)(aa)) is 
amended by striking ``bona fide'' and inserting ``prima facie''.
    (b) Conforming Amendment.--Section 214(p)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1184(p)(6)) is amended by striking ``bona 
fide'' and inserting ``prima facie''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date.

SEC. 116. U NONIMMIGRANT ADJUSTMENT OF STATUS.

    (a) In General.--Section 245(m)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1255(m)(3)) is amended by inserting ``or an 
unmarried sibling under 18 years of age on the date of such application 
for adjustment of status under paragraph (1),'' after ``a parent''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date.

SEC. 117. CONFORMING AMENDMENT CONFIRMING HOUSING ASSISTANCE FOR 
              QUALIFIED ALIENS.

    (a) In General.--Section 214 of the Housing and Community 
Development Act of 1980 (42 U.S.C. 1436a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) a qualified alien described in section 431 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``(6)'' and 
                inserting ``(7)''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``(other than a qualified 
                alien described in section 431 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1641))'' after ``any alien''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications for public benefits and public benefits provided 
on or after the date of the enactment of this Act without regard to 
whether regulations to carry out such amendments have been implemented.

SEC. 118. FUNDING CLARIFICATION FOR STOP GRANTS.

    Section 2007(c)(3) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon; and
            (2) by inserting at the end the following:
        ``except that if funds allocated under subparagraph (A) or (C) 
        are not obligated within 18 months of receipt of the funds, the 
        Attorney General may direct the State to allocate those funds 
        for victim services, as provided by subparagraph (B); and''.

                   TITLE II--AGGRAVATED SEXUAL ABUSE

SEC. 201. AGGRAVATED SEXUAL ABUSE.

    Section 2241(a) of title 18, United States Code, is amended by 
striking ``this title, imprisoned for any term of years or life, or 
both'' and insert ``this title and imprisoned for any term of years not 
less than 5, or for life''.
                                                        Calendar No. 59

111th CONGRESS

  1st Session

                                 S. 327

_______________________________________________________________________

                                 A BILL

 To amend the Violence Against Women Act of 1994 and the Omnibus Crime 
Control and Safe Streets Act of 1968 to improve assistance to domestic 
   and sexual violence victims and provide for technical corrections.

_______________________________________________________________________

                              May 7, 2009

                       Reported with an amendment
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