II 

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 introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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, 

3 SECTION 1. SHORT TITLE. 

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

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


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1 SEC. 2. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS 

2 UNDER VAWA. 

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

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

5 13925(a)(37)) is amended to read as follows: 

6 ‘‘(37) YOUTH.—The term ‘youth’ means indi7 viduals who are between the ages of 12 and 24.’’. 

8 (b) EXPERTISE REQUIREMENT.—Section 

9 40002(b)(11) of the Violence Against Women Act of 1994 

10 (42 U.S.C. 13925(b)(11)) is amended by adding at the 

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

12 Against Women shall ensure that training or technical as13 sistance will be developed and provided by entities having 

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

15 other aspects of the grant program for which such training 

16 or technical assistance is provided.’’. 

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

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

19 13925(b)(1)) is amended to read as follows: 

20 ‘‘(1) MATCH.—No matching funds shall be re21 quired for a grant or subgrant made under this title 

22 for— 

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

24 provider; or 


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

2 that the Attorney General determines has ade3 quately demonstrated financial need.’’. 

4 (d) TREATMENT OF CONFIDENTIAL INFORMATION.— 

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

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

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

8 and’’ before ‘‘safety’’; 

9 (2) in subparagraph (B)— 

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

11 (D), (E), (F), (G), and (H)’’; 

12 (B) in clause (i)— 

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

14 after ‘‘disclose’’; and 

15 (ii) by inserting ‘‘, regardless of 

16 whether the information is encoded, 

17 encrypted, hashed, or otherwise protected,’’ 

18 after ‘‘individual information’’; and 

19 (C) in clause (ii)— 

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

21 ‘‘disclose, reveal, or release’’; 

22 (ii) by striking each place it appears 

23 ‘‘consent’’ and inserting ‘‘consent or au24 thorization’’; 


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1 (iii) by striking ‘‘persons with disabil2 ities’’ and inserting ‘‘a person with a 

3 court-appointed guardian’’; and 

4 (iv) by striking ‘‘person with disabil5 ities’’ and inserting ‘‘person with a court6 appointed guardian’’; 

7 (3) in subparagraph (C)— 

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

9 after ‘‘If’’; 

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

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

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

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

14 (4) by designating subparagraph (E) as sub15 paragraph (H) and inserting after subparagraph (D) 

16 the following: 

17 ‘‘(E) STATUTORILY PERMITTED REPORTS

18 OF ABUSE OR NEGLECT.—Nothing in this para19 graph shall prohibit a grantee or subgrantee 

20 from reporting abuse and neglect, as those 

21 terms are defined by law, and where mandated 

22 or expressly permitted by the State, tribe, or 

23 territory involved. 

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

25 paragraph shall not supersede any other proviVerDate Nov 24 2008 06:14 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S327.IS S327

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1 sion of Federal, State, tribal, territorial, or local 

2 law relating to the privacy or confidentiality of 

3 information to the extent to which such other 

4 provision provides greater privacy or confiden5 tiality protection than this paragraph for vic6 tims of domestic violence, dating violence, sex7 ual assault, or stalking. 

8 ‘‘(G) CERTAIN MINORS AND PERSONS

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

10 a court-appointed guardian is permitted by law 

11 to receive services without the parent’s or 

12 guardian’s consent or authorization, the minor 

13 or person with a court-appointed guardian may 

14 consent to a disclosure, revelation, or release of 

15 information. In no case may consent or author16 ization for release of information be given by 

17 the abuser of the minor, or person with a court18 appointed guardian, or the abuser of the other 

19 parent of the minor.’’. 

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

21 this section shall apply to grants awarded for periods be22 ginning on or after October 1, 2009. 

23 SEC. 3. CRIMINAL JUSTICE. 

24 (a) APPLICATION REQUIREMENTS.— 


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1 (1) IN GENERAL.—Section 2007(d) of the Om2 nibus Crime Control and Safe Streets Act of 1968 

3 (42 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 pe7 riod 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 provided in 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 

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

18 as follows: 

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 subtitle may not exceed 75 percent of the 

23 total costs of the projects described in the applica24 tion submitted. 


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

2 matching funds shall be required for that portion of 

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

4 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 trib17 al government, or unit of local government certifies that 

18 it does not make available publicly on the Internet any 

19 information regarding the filing for or issuance, modifica20 tion, registration, extension, or enforcement of a protec21 tion order, restraining order, or injunction in either the 

22 issuing or enforcing State, tribal, or territorial jurisdic23 tion, if such publication would be likely to publicly reveal 

24 the identity or location of the party protected under such 

25 order. 


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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) if such information is contained in secure, gov5 ernmental registries for purposes of enforcing orders and 

6 injunctions described in subsection (a). 

7 ‘‘(c) EFFECTIVE DATE.—A State, Indian tribal gov8 ernment, or unit of local government must meet the re9 quirements of subsection (a) and (b) by the later of— 

10 ‘‘(1) 2 years from the date of enactment of the 

11 Improving Assistance to Domestic and Sexual Vio12 lence Victims Act of 2009; or 

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

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

15 (e) HEALTH CARE PROFESSIONALS.—Section 

16 2010(c) of the Omnibus Crime Control and Safe Streets 

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

18 ‘‘trained examiners for’’ and inserting ‘‘health care profes19 sionals for adult and youth’’. 

20 (f) RURAL STATE.—Section 40002 (a)(22) of the Vi21 olence Against Women Act of 1994 (42 U.S.C. 

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

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

24 ‘‘200,000 people, based on the decennial census of 2000’’. 


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1 (g) COSTS FOR CRIMINAL CHARGES AND PROTEC2 TION ORDERS.—Section 2011(a)(1) of the Omnibus 

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

4 3796gg–5(a)(1)) is amended by inserting ‘‘dating vio5 lence,’’ before ‘‘stalking’’. 

6 (h) GRANTS TO ENCOURAGE ARREST POLICIES AND

7 ENFORCEMENT OF PROTECTION ORDERS.—Section 

8 2101(c)(4) of the Omnibus Crime Control and Safe 

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

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

11 SEC. 4. FAMILIES. 

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

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

14 amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘Attor17 ney General, acting through the Director of the 

18 Office on Violence Against Women, and in col19 laboration with the Department of Health and 

20 Human Services’’ and inserting ‘‘Secretary of 

21 Health and Human Services (in this section re22 ferred to as the ‘Secretary’), through the Ad23 ministration for Children, Youth and Families’’; 

24 (B) in paragraph (2), by striking ‘‘Direc25 tor’’ and inserting ‘‘Secretary’’; and 


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1 (C) in paragraph (3), by striking ‘‘Direc2 tor’’ and inserting ‘‘Secretary’’; and 

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

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

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

6 subsection (a) shall apply to grants issued on or after Oc7 tober 1, 2009. 

8 SEC. 5. HOUSING. 

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

10 States Housing Act of 1937 (42 U.S.C. 1437d) is amend11 ed by inserting ‘‘, as described in subparagraph (C),’’ after 

12 ‘‘HUD approved certification form’’. 

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

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

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

16 ‘‘HUD approved certification form’’. 

17 SEC. 6. ECONOMIC SECURITY. 

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

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

20 amended— 

21 (1) by striking ‘‘The Attorney General’’ and in22 serting the following: 

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

24 and 


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1 (2) by striking the last sentence and inserting 

2 the following: 

3 ‘‘(2) INFORMATION AND ASSISTANCE.—The re4 source center shall provide information and assist5 ance to— 

6 ‘‘(A) employers and labor organizations to 

7 aid in their efforts to develop and implement re8 sponses to such violence; and 

9 ‘‘(B) victim service providers, including 

10 community-based organizations, State domestic 

11 violence coalitions, State sexual assault coali12 tions, and tribal coalitions, to enable to them to 

13 provide resource materials or other assistance 

14 to employers, labor organizations, or employ15 ees.’’. 

16 (b) ENTITIES PROVIDING ASSISTANCE.—Section 

17 41501 (c)(1) of the Violence Against Women Act of 1994 

18 (42 U.S.C. 14043f(c)(1)) is amended by striking ‘‘and 

19 labor organizations’’ and inserting ‘‘, labor organizations, 

20 victim service providers, community-based organizations, 

21 State domestic violence coalitions, State sexual assault 

22 coalitions, and tribal coalitions’’. 

23 SEC. 7. TRIBAL ISSUES. 

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

25 Against Women and Department of Justice ReauthorizaVerDate Nov 24 2008 06:14 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S327.IS S327

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1 tion Act of 2005 is amended by inserting at the end the 

2 following: 

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

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

5 beginning with the first consultation following the date of 

6 the enactment of this subsection, the Attorney General 

7 shall submit to the Committee on Indian Affairs and the 

8 Committee on the Judiciary of the Senate and the Com9 mittee on the Judiciary and the Committee on Natural 

10 Resources of the House of Representatives a report sum11 marizing the annual consultations involved, any request of 

12 Indian tribes made pursuant to such consultations for en13 hancing the safety of Indian women, and the investigative 

14 efforts of the Federal Bureau of Investigation and pros15 ecutorial efforts of the United States Attorneys on cases 

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

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

18 reports shall include the total number of investigations, 

19 indictments, declinations, and convictions of cases de20 scribed in the previous sentence for the 3 years preceding 

21 the annual consultation involved and each subsequent re22 port shall include the total number of investigations, in23 dictments, declination, and convictions of such cases for 

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

25 (b) GRANTS TO INDIAN TRIBAL GOVERNMENTS.— 


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1 (1) IN GENERAL.—Section 2015 of the Omni2 bus Crime Control and Safe Streets Act of 1968 (42 

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

4 the following: 

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

6 section shall remain available until expended and may only 

7 be used for the activities described in this section. 

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

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

10 grantee, the tribal deputy director may extend the grant 

11 period involved for purposes of enabling the grantee to 

12 complete the activities agreed to under the terms of the 

13 grant provided that no additional funds may be provided 

14 under this section pursuant to such extension. 

15 ‘‘(e) TECHNICAL ASSISTANCE.— 

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

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

18 the Director of the Office on Violence Against 

19 Women shall set aside and disperse not less than 6 

20 percent of the total amount of the funds made avail21 able under this section for the purpose of entering 

22 into cooperative agreements with qualified tribal or23 ganizations to provide technical assistance and train24 ing to Indian tribes to address violence against In25 dian women. Such training and technical experience 


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1 shall be specifically designed to address the unique 

2 legal status and geographic circumstances of the In3 dian tribes receiving funds under this section. 

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

5 purposes of paragraph (1), a qualified tribal organi6 zation is a tribal organization with demonstrated ex7 perience in providing training and technical experi8 ence to Indian tribes in addressing violence against 

9 Indian women.’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

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

12 after October 1, 2009. 

13 SEC. 8. POLYGRAPH PROCEDURES. 

14 (a) STOP GRANTS.—Section 2013(a) of the Omni15 bus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3796gg–8(a)) is amended by striking ‘‘as a condi17 tion for proceeding with the investigation of such an of18 fense’’. 

19 (b) GRANTS TO ENCOURAGE ARREST.—Section 

20 2101(c)(5)(A) of the Omnibus Crime Control and Safe 

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

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

23 the investigation of such an offense’’. 


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

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

3 after the latter of the following dates: 

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

5 the enactment of this Act. 

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

7 State legislature of the State involved ends. 

8 SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS. 

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

10 Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amend11 ed by adding at the end the following new paragraph: 

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

13 medical personnel examiners in the collection and 

14 preservation of evidence, expert testimony, and 

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

16 SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING 

17 AND TREATMENT. 

18 Section 2101 of the Omnibus Crime Control and Safe 

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

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

21 by adding at the end the following new paragraph: 

22 ‘‘(15) To develop human immunodeficiency 

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

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1 cation, treatment, counseling, and confidentiality 

2 protocols.’’; and 

3 (2) in subsection (d)— 

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

5 ‘‘NOTICE’’; and 

6 (B) by striking paragraph (2) and insert7 ing the following: 

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

9 State or unit of local government, respectively, to 

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

11 guardian of a victim— 

12 ‘‘(A) anonymous and confidential free test13 ing for the victim for the human immuno14 deficiency virus (HIV), Hepatitis B, Hepatitis 

15 C, and other sexually transmitted infections as 

16 medically appropriate; 

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

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

19 the testing results; 

20 ‘‘(C) anonymous and confidential free fol21 low-up testing for the victim as medically ap22 propriate; 

23 ‘‘(D) free prophylaxis and treatment as 

24 necessary for the victim; 


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

2 victim regarding any health care concerns of 

3 the victim with respect to the human immuno4 deficiency virus (HIV), Hepatitis B, Hepatitis 

5 C, and other sexually transmitted infections; 

6 and 

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

8 victim shall remain confidential unless other9 wise provided by law; and 

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

11 the Attorney General that its laws will be in compli12 ance with the requirements of paragraph (1) or (2) 

13 by a date that is not later than the latter of the fol14 lowing dates: 

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

16 date of the enactment of the Improving Assist17 ance to Domestic and Sexual Violence Victims 

18 Act of 2009. 

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

20 the State legislature ends.’’. 

21 SEC. 11. CLARIFICATION OF THE TERM CULTURALLY AND 

22 LINGUISTICALLY SPECIFIC. 

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

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

25 amended— 


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1 (1) by striking paragraph (17) and redesig2 nating the subsequent paragraphs accordingly; and 

3 (2) by inserting after paragraph (5) the fol4 lowing new paragraphs and redesignating the subse5 quent paragraphs (as redesignated by paragraph 

6 (1)) accordingly: 

7 ‘‘(6) CULTURALLY SPECIFIC.—The terms ‘cul8 turally specific’ and ‘culturally and linguistically spe9 cific’ mean specific to racial and ethnic minority 

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

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

12 ‘‘(7) CULTURALLY AND LINGUISTICALLY SPE13 CIFIC SERVICES.—The terms ‘culturally and linguis14 tically specific services’ and ‘culturally specific serv15 ices’ mean community-based services that offer full 

16 linguistic access and culturally specific services and 

17 resources, including outreach, collaboration, and 

18 support mechanisms primarily directed toward cul19 turally specific communities.’’. 

20 (b) COLLABORATIVE GRANTS TO INCREASE THE

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

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

23 13701 et seq.) is amended in subsection (f)(1) by striking 

24 ‘‘linguistically and culturally’’ and inserting ‘‘culturally 

25 and linguistically’’. 


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1 (c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN

2 IN PUBLIC AND ASSISTED HOUSING.—Section 41405 of 

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

4 13701 et seq.) is amended in subsection (c)(2)(D) by 

5 striking ‘‘linguistically and culturally’’ and inserting ‘‘cul6 turally and linguistically’’. 

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

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

9 U.S.C. 3796gg–1(e)(2)(D)) is amended by striking ‘‘lin10 guistically and culturally’’ and inserting ‘‘culturally and 

11 linguistically’’. 

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

13 the Omnibus Crime Control and Safe Streets Act of 1968 

14 (42 U.S.C. 14043g) is amended— 

15 (1) in subsection (b)— 

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

17 other programs and projects’’; 

18 (B) in paragraph (2)(B)— 

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

20 nongovernmental organizations for pro21 grams and activities’’; and 

22 (ii) by inserting ‘‘to sexual assault vic23 tims’’ after ‘‘that provide direct interven24 tion and related assistance’’; and 


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

2 ‘‘linguistically and culturally’’ and inserting 

3 ‘‘culturally and linguistically’’; 

4 (2) in subsection (c)(2)(A) by striking ‘‘that fo5 cuses primarily on’’ and inserting ‘‘whose primary 

6 mission is to address one or more’’; 

7 (3) in subsection (c)(2)(C) by striking ‘‘linguis8 tically and culturally’’ and inserting ‘‘culturally and 

9 linguistically’’; and 

10 (4) in subsection (c)(4)(B) by deleting ‘‘under11 served’’. 

12 (f) ENHANCING CULTURALLY AND LINGUISTICALLY

13 SPECIFIC SERVICES FOR VICTIMS OF DOMESTIC VIO14 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

15 STALKING.—Section 121 of the Violence Against Women 

16 and Department of Justice Reauthorization Act of 2005 

17 (42 U.S.C. 14045a) is amended— 

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

19 culturally and linguistically specific populations’’ 

20 after ‘‘resources’’; 

21 (2) in subsection (b)(1)(B) by inserting ‘‘cul22 turally and linguistically specific’’ before ‘‘resources 

23 for’’; and 


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

2 culturally’’ and inserting ‘‘culturally and linguis3 tically’’. 

4 SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECH5 NICAL AMENDMENT. 

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

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

8 striking ‘‘for materials’’. 

9 SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

10 INDIAN WOMEN. 

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

12 and Department of Justice Reauthorization Act of 2005 

13 (42 U.S.C. 3796gg–10(a)(1) note) is amended by striking 

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

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

16 list published under section 104 of the Federally Recog17 nized Indian Tribe List Act of 1994 (25 U.S.C. 479a– 

18 1)’’. 

19 SEC. 14. MOTIONS TO REOPEN. 

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

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

22 1229a(c)(7)(C)(iv)(I)) is amended to read as follows: 

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

24 to apply for relief under subparagraph 

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


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1 clause (iii) or (iv) of section 

2 204(a)(1)(A), clause (ii) or (iii) of sec3 tion 204(a)(1)(B), section 240A(b)(2), 

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

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

6 (m) of section 245;’’. 

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

8 subsection (a) shall take effect on the date of the enact9 ment of this Act and shall apply to applications filed be10 fore, on, or after such date. 

11 SEC. 15. EXTENSION OF T NONIMMIGRANT STATUS. 

12 (a) IN GENERAL.—Section 214(o)(7) of the Immigra13 tion and Nationality Act (8 U.S.C. 1184(o)(7)) is amend14 ed by adding at the end the following: 

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

16 under subparagraph (B) retroactively after the expiration 

17 of nonimmigrant status under subparagraph 

18 101(a)(15)(T).’’. 

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

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

21 enactment of this Act and shall apply to applications filed 

22 before, on, or after such date. 

23 SEC. 16. T AND U NONIMMIGRANT PROTECTIONS. 

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

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


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

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

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

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

5 1184(p)(6)) is amended by striking ‘‘bona fide’’ and in6 serting ‘‘prima facie’’. 

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

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

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

10 or after such date. 

11 SEC. 17. U NONIMMIGRANT ADJUSTMENT OF STATUS. 

12 (a) IN GENERAL.—Section 245(m)(3) of the Immi13 gration and Nationality Act (8 U.S.C. 1255(m)(3)) is 

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

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

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

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

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

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

20 or after such date. 

21 SEC. 18. CONFORMING AMENDMENT CONFIRMING HOUS22 ING ASSISTANCE FOR QUALIFIED ALIENS. 

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

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

25 is amended— 


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1 (1) in subsection (a)— 

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

3 the end; 

4 (B) by redesignating paragraph (7) as 

5 paragraph (8); and 

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

7 following: 

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

9 of the Personal Responsibility and Work Oppor10 tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 

11 or’’; and 

12 (2) in subsection (c)— 

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

14 and inserting ‘‘(7)’’; and 

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

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

17 a qualified alien described in section 431 of the 

18 Personal Responsibility and Work Opportunity 

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

20 after ‘‘any alien’’. 

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

22 subsection (a) shall apply to applications for public bene23 fits and public benefits provided on or after the date of 

24 the enactment of this Act without regard to whether reguVerDate Nov 24 2008 06:14 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S327.IS S327

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1 lations to carry out such amendments have been imple2 mented. 

3 SEC. 19. PROCESSING OF CERTAIN VISAS. 

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

5 Wilberforce Trafficking Victims Protection Reauthoriza6 tion Act of 2008 (Public Law 110–457; 122 Stat 5085) 

7 is amended to read as follows: 

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

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

10 United States Citizenship and Immigration 

11 Services leads policy and program development 

12 with regard to Violence Against Women Act 

13 confidentiality-protected victims and their deriv14 ative family members; and 

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

16 Office on Policy and Strategy during the devel17 opment of any other Department of Homeland 

18 Security regulation or operational policy that 

19 impacts Violence Against Women Act confiden20 tiality-protected victims and their derivative 

21 family members.’’. 

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

23 subsection (a) shall take effect on the date of the enactVerDate Nov 24 2008 06:14 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S327.IS S327

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1 ment of this Act and shall apply to applications filed be2 fore, on, or after such date. 

Æ 


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