I 
111TH CONGRESS 
1ST SESSION H. R. 3401 
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 HOUSE OF REPRESENTATIVES 
JULY 30, 2009 
Ms. WASSERMAN SCHULTZ (for herself and Mr. POE of Texas) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Financial Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 vio-
lence victims and provide for technical corrections. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Assistance 
to Domestic and Sexual Violence Victims Act of 2009’’. 
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SEC. 2. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act and 
the amendments made by this Act shall take effect at the 
beginning of fiscal year 2010. 
SEC. 3. 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 in-
dividual 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 as-
sault 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,’’. 
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(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 as-
sistance 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 re-
quired 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 ade-
quately 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’’; 
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(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 author-
ization’’; and 
(iii) by striking ‘‘persons with disabil-
ities’’ 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 
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(C) in clause (ii), by inserting ‘‘disclosure, 
revelation, or’’ after ‘‘affected by the’’; 
(4) by redesignating subparagraph (E) as sub-
paragraph (H); and 
(5) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) STATUTORILY PERMITTED REPORTS 
OF ABUSE OR NEGLECT.—Nothing in this para-
graph 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 pro-
vides greater privacy or confidentiality protec-
tion 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 
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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 author-
ization 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. 4. CRIMINAL JUSTICE. 
(a) APPLICATION REQUIREMENTS.— 
(1) IN GENERAL.—Section 2007(d) of the Om-
nibus 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 pe-
riod 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 infor-
mation 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. 
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(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 applica-
tion 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 PROTEC-
TION 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 PRO-
TECTION ORDER INFORMATION. 
‘‘(a) IN GENERAL.—A State, Indian tribal govern-
ment, or unit of local government shall not be eligible to 
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receive funds under this part unless the State, Indian trib-
al 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, modifica-
tion, registration, extension, or enforcement of a protec-
tion 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 in-
junction. 
‘‘(b) EXCEPTION.—A State, Indian tribe, or territory 
may share court-generated and law enforcement-generated 
information about an order or injunction described in sub-
section (a) for purposes of enforcing such orders and in-
junctions, if such information is contained in a secure, 
governmental registry. 
‘‘(c) EFFECTIVE DATE.—A State, Indian tribal gov-
ernment, or unit of local government shall meet the re-
quirements 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 Vio-
lence Victims Act of 2009; or 
‘‘(2) the date on which the next session of the 
State legislature ends.’’. 
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(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. 5. 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 ‘‘Attor-
ney General, acting through the Director of the 
Office on Violence Against Women, and in col-
laboration with the Department of Health and 
Human Services’’ and inserting ‘‘Secretary of 
Health and Human Services (in this section re-
ferred to as the ‘Secretary’), acting through the 
Administration for Children, Youth and Fami-
lies’’; 
(B) in paragraph (2), by striking ‘‘Direc-
tor’’ and inserting ‘‘Secretary’’; and 
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(C) in paragraph (3), by striking ‘‘Direc-
tor’’ 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 Oc-
tober 1, 2009. 
SEC. 6. HOUSING. 
(a) SECTION 6.—Section 6(u)(1)(A) of the United 
States Housing Act of 1937 (42 U.S.C. 1437d) is amend-
ed 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. 7. 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 in-
serting the following: 
‘‘(1) IN
GENERAL.—The Attorney General’’; 
and 
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(2) by striking the last sentence and inserting 
the following: 
‘‘(2) INFORMATION AND ASSISTANCE.—The re-
source 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 re-
sponses to such violence; and 
‘‘(B) victim service providers, including 
community-based organizations, State domestic 
violence coalitions, State sexual assault coali-
tions, and tribal coalitions, to enable to the pro-
viders to provide resource materials or other as-
sistance 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,’’. 
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SEC. 8. 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 sec-
tion 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. 9. SEXUAL ASSAULT NURSE EXAMINERS. 
Section 2101(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amend-
ed 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. 10. SEXUALLY TRANSMITTED INFECTION TESTING 
AND TREATMENT. 
Section 2101 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796hh) is amended— 
(1) in subsection (b), as amended by section 9 
of this Act, by adding at the end the following new 
paragraph: 
‘‘(15) To develop human immunodeficiency 
virus, Hepatitis B, Hepatitis C, and sexually trans-
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mitted infection testing and treatment programs for 
sexual assault victims that include notification, 
treatment, counseling, and confidentiality proto-
cols.’’; and 
(2) by striking subsection (d) and inserting the 
following: 
‘‘(d) HIV TESTING AND PROPHYLAXIS.—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 administer HIV testing to an offender not 
later than 48 hours after a request by a victim 
of a sexual assault that carries the risk of 
transmission of HIV if— 
‘‘(i) there has been a judicial finding 
of probable cause that the offender com-
mitted the sexual assault or an information 
or indictment is presented against the of-
fender for the sexual assault; and 
‘‘(ii) the offender is in custody or oth-
erwise available for testing; 
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‘‘(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 to the offender; and 
‘‘(C) followup tests for HIV of such of-
fender 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); and 
‘‘(2) gives the Attorney General assurances that 
its laws and regulations will be in compliance with 
the requirements of paragraph (1) 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. 11. CLARIFICATION OF THE TERM ‘‘CULTURALLY AND 
LINGUISTICALLY SPECIFIC’’. 
(a) DEFINITIONS.—Section 40002(a) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)) is 
amended— 
(1) by striking paragraph (17); 
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(2) by redesignating paragraphs (18) through 
(37) as paragraphs (19) through (38), respectively; 
(3) by redesignating paragraphs (6) through 
(16) as paragraphs (8) through (18), respectively; 
and 
(4) by inserting after paragraph (5) the fol-
lowing new paragraphs: 
‘‘(6) CULTURALLY SPECIFIC.—The terms ‘cul-
turally specific’ and ‘culturally and linguistically spe-
cific’ 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 SPE-
CIFIC SERVICES.—The terms ‘culturally and linguis-
tically specific services’ and ‘culturally specific serv-
ices’ mean community-based services that offer full 
linguistic access and culturally specific services and 
resources, including outreach, collaboration, and 
support mechanisms primarily directed toward cul-
turally 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 ‘‘lin-
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guistically 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 strik-
ing ‘‘linguistically and culturally’’ and inserting ‘‘cul-
turally 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 ‘‘lin-
guistically 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 pro-
grams and activities’’; and 
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(ii) by inserting ‘‘to sexual assault vic-
tims’’ after ‘‘that provide direct interven-
tion 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 fo-
cuses primarily on’’ and inserting ‘‘whose primary 
mission is to address one or more’’; 
(3) in subsection (c)(2)(C) by striking ‘‘linguis-
tically and culturally’’ and inserting ‘‘culturally and 
linguistically’’; and 
(4) in subsection (c)(4)(B) by deleting ‘‘under-
served’’. 
(f) ENHANCING CULTURALLY AND LINGUISTICALLY 
SPECIFIC SERVICES
FOR VICTIMS
OF DOMESTIC VIO-
LENCE, 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’’; 
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(2) in subsection (b)(1)(B) by inserting ‘‘cul-
turally and linguistically specific’’ before ‘‘resources 
for’’; and 
(3) in subsection (g) by striking ‘‘linguistic and 
culturally’’ and inserting ‘‘culturally and linguis-
tically’’. 
SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECH-
NICAL AMENDMENT. 
Section 41501(b)(3) of the Violence Against Women 
Act of 1994 (42 U.S.C. 14043f(b)(3)) is amended by 
striking ‘‘for materials’’. 
SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 
INDIAN WOMEN. 
Section 904(a) 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 ‘‘In-
dian 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 
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under this subsection to the Committee on Indian 
Affairs of the Senate, the Committee on the Judici-
ary of the Senate, and the Committee on the Judici-
ary of the House of Representatives.’’. 
SEC. 14. U NONIMMIGRANT ADJUSTMENT OF STATUS. 
Section 245(m)(3) of the Immigration and Nation-
ality 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’’. 
SEC. 15. PROCESSING OF CERTAIN VISAS. 
Section 238(b)(5) of the William Wilberforce Traf-
ficking Victims Protection Reauthorization Act of 2008 
(Public Law 110–457; 122 Stat 5085) is amended to read 
as follows: 
‘‘(5) Measures taken to ensure routine consulta-
tion with the Office of Policy and Strategy of U.S. 
Citizenship and Immigration Services during the de-
velopment of any Department of Homeland Security 
regulations or policies that impact Violence Against 
Women Act of 1994 confidentiality-protected victims 
and their derivative family members.’’. 
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SEC. 16. CONFORMING AMENDMENT CONFIRMING HOUS-
ING 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 Oppor-
tunity 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’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to applications for public bene-
fits and public benefits provided on or after the date of 
the enactment of this Act without regard to whether regu-
lations to carry out such amendments have been imple-
mented. 
SEC. 17. 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 re-
ceipt of the funds, the Attorney General may direct 
the State to allocate those funds for victim services, 
as provided by subparagraph (B); and’’. 
Æ 
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