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Donate NowH.R.3401 - Improving Assistance to Domestic and Sexual Violence Victims Act of 2009
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.

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HR 3401 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 3401CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
July 30, 2009CommentsClose CommentsPermalink
July 30, 2009CommentsClose CommentsPermalink
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 concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Improving Assistance to Domestic and Sexual Violence Victims Act of 2009’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS UNDER VAWA.
(a) Youth Definition- Section 40002(a)(37) of the Violence Against Women Act of 1994 (
‘(37) YOUTH- The term ‘youth’ means an individual who is between 12 and 24 years of age.’.CommentsClose CommentsPermalink
(b) Trained Examiner Definition- Section 40002(a) of the Violence Against Women Act of 1994 (
‘(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.’.CommentsClose CommentsPermalink
(c) Personal Information- Section 40002(a)(18) of the Violence Against Women Act of 1994 (
(d) Expertise Requirement- Section 40002(b)(11) of the Violence Against Women Act of 1994 (
(e) Matching Requirement- Section 40002(b)(1) of the Violence Against Women Act of 1994 (
‘(1) MATCH- No matching funds shall be required for a grant or subgrant made under this title for--CommentsClose CommentsPermalink
‘(A) any tribe, territory, or victim service provider; orCommentsClose CommentsPermalink
‘(B) any other entity, including a State, that the Attorney General determines has adequately demonstrated financial need.’.CommentsClose CommentsPermalink
(f) Treatment of Confidential Information- Section 40002(b)(2) of the Violence Against Women Act of 1994 (
(1) in subparagraph (A), by inserting ‘privacy and’ before ‘safety’;CommentsClose CommentsPermalink
(2) in subparagraph (B)--CommentsClose CommentsPermalink
(A) by striking ‘and (D)’ and inserting ‘, (D), (E), (F), (G), and (H)’;CommentsClose CommentsPermalink
(B) in clause (i)--CommentsClose CommentsPermalink
(i) by inserting ‘, reveal, or release’ after ‘disclose’; andCommentsClose CommentsPermalink
(ii) by inserting ‘, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected,’ after ‘individual information’; andCommentsClose CommentsPermalink
(C) in clause (ii)--CommentsClose CommentsPermalink
(i) by striking ‘reveal’ and inserting ‘disclose, reveal, or release’;CommentsClose CommentsPermalink
(ii) by striking ‘consent’ each place it appears and inserting ‘consent or authorization’; andCommentsClose CommentsPermalink
(iii) by striking ‘persons with disabilities’ and inserting ‘a person with a court-appointed guardian’;CommentsClose CommentsPermalink
(3) in subparagraph (C)--CommentsClose CommentsPermalink
(A) by inserting ‘disclosure, revelation, or’ after ‘If’;CommentsClose CommentsPermalink
(B) in clause (i), by inserting ‘, revelation, or release’ after ‘disclosure’; andCommentsClose CommentsPermalink
(C) in clause (ii), by inserting ‘disclosure, revelation, or’ after ‘affected by the’;CommentsClose CommentsPermalink
(4) by redesignating subparagraph (E) as subparagraph (H); andCommentsClose CommentsPermalink
(5) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 4. CRIMINAL JUSTICE.
(a) Application Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 2007(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(A) in paragraph (3), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by inserting at the end the following:CommentsClose CommentsPermalink
‘(5) proof of compliance with the requirements prohibiting the publication of protection order information on the Internet under section 2013A.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to grants awarded for periods beginning on or after October 1, 2009.CommentsClose CommentsPermalink
(b) State and Federal Obligations- Section 2007(f) of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘(f) Federal Share-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Limits on Internet Publication of Protection Order Information-
(d) State Certification- Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) 2 years after the date of enactment of the Improving Assistance to Domestic and Sexual Violence Victims Act of 2009; orCommentsClose CommentsPermalink
‘(2) the date on which the next session of the State legislature ends.’.CommentsClose CommentsPermalink
(e) Territory- Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (
42 U.S.C. 3796gg-4 ) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘Territory,’ after ‘State,’, both places it appears; andCommentsClose CommentsPermalink
(B) in paragraph (2), by inserting ‘Territory,’ after ‘State,’ and ‘Territories,’ after ‘States,’;CommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘Territory,’ after ‘State,’ both places it appears;CommentsClose CommentsPermalink
(3) in subsection (c), by inserting ‘Territory,’ after ‘State,’; andCommentsClose CommentsPermalink
(4) in subsection (e), by inserting ‘Territory,’ after ‘State,’ both places it appears.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink(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’.CommentsClose CommentsPermalink(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’.CommentsClose CommentsPermalink(i) Effective Date- The amendments made by subsections (g) and (h) shall take effect 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 5. FAMILIES.
(a) In General- Section 41304 of the Violence Against Women Act of 1994 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘Director’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘Director’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink
(2) in subsection (d)(1), by striking both places it appears ‘Director’ and inserting ‘Secretary’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall apply to grants issued on or after October 1, 2009.CommentsClose CommentsPermalink
SEC. 6. HOUSING.
(a) Section 6- Section 6(u)(1)(A) of the United States Housing Act of 1937 (
(b) Section 8- Section 8(ee)(1)(A) of the United States Housing Act of 1937 (
SEC. 7. ECONOMIC SECURITY.
(a) Authority- Section 41501(a) of the Violence Against Women Act of 1994 (
(1) by striking ‘The Attorney General’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Attorney General’; andCommentsClose CommentsPermalink
(2) by striking the last sentence and inserting the following:CommentsClose CommentsPermalink
‘(2) INFORMATION AND ASSISTANCE- The resource center established under paragraph (1) shall provide information and assistance to--CommentsClose CommentsPermalink
‘(A) employers and labor organizations to aid in their efforts to develop and implement responses to such violence; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Entities Providing Assistance- Section 41501(c)(1) of the Violence Against Women Act of 1994 (
SEC. 8. TRIBAL ISSUES.
Section 2015 of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘(c) Availability- Funds available under this section shall remain available until expended and may only be used for the activities described in this section.CommentsClose CommentsPermalink
‘(d) Duration- A grant made under this section shall be for a period of 24 months.’.CommentsClose CommentsPermalink
SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS.
Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘(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.’.CommentsClose CommentsPermalink
SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING AND TREATMENT.
Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subsection (b), as amended by section 9 of this Act, by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(2) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) certifies that it has a law or regulation that requires--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) there has been a judicial finding of probable cause that the offender committed the sexual assault or an information or indictment is presented against the offender for the sexual assault; andCommentsClose CommentsPermalink
‘(ii) the offender is in custody or otherwise available for testing;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(C) followup tests for HIV of such offender 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); andCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the date on which the next session of the State legislature ends; orCommentsClose CommentsPermalink
‘(B) 2 years after the date of enactment of the Improving Assistance to Domestic and Sexual Violence Victims Act of 2009.’.CommentsClose CommentsPermalink
SEC. 11. CLARIFICATION OF THE TERM ‘CULTURALLY AND LINGUISTICALLY SPECIFIC’.
(a) Definitions- Section 40002(a) of the Violence Against Women Act of 1994 (
(1) by striking paragraph (17);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (18) through (37) as paragraphs (19) through (38), respectively;CommentsClose CommentsPermalink
(3) by redesignating paragraphs (6) through (16) as paragraphs (8) through (18), respectively; andCommentsClose CommentsPermalink
(4) by inserting after paragraph (5) the following new paragraphs:CommentsClose CommentsPermalink
‘(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) )).CommentsClose CommentsPermalink‘(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.’.CommentsClose CommentsPermalink
(b) Collaborative Grants To Increase the Long-term Stability of Victims- Section 41404(f)(1) of the Violence Against Women Act of 1994 (
(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 (
(d) State Grants- Section 2007(e)(2)(D) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(e) Sexual Assault Services- Section 2014 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘and other programs and projects’;CommentsClose CommentsPermalink
(B) in paragraph (2)(B)--CommentsClose CommentsPermalink
(i) by striking ‘and other nonprofit, nongovernmental organizations for programs and activities’; andCommentsClose CommentsPermalink
(ii) by inserting ‘to sexual assault victims’ after ‘that provide direct intervention and related assistance’; andCommentsClose CommentsPermalink
(C) in paragraph (2)(C)(v), by striking ‘linguistically and culturally’ and inserting ‘culturally and linguistically’;CommentsClose CommentsPermalink
(2) in subsection (c)(2)(A) by striking ‘that focuses primarily on’ and inserting ‘whose primary mission is to address one or more’;CommentsClose CommentsPermalink
(3) in subsection (c)(2)(C) by striking ‘linguistically and culturally’ and inserting ‘culturally and linguistically’; andCommentsClose CommentsPermalink
(4) in subsection (c)(4)(B) by deleting ‘underserved’.CommentsClose CommentsPermalink
(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 (
(1) in subsection (b)(1)(A) by inserting ‘for culturally and linguistically specific populations’ after ‘resources’;CommentsClose CommentsPermalink
(2) in subsection (b)(1)(B) by inserting ‘culturally and linguistically specific’ before ‘resources for’; andCommentsClose CommentsPermalink
(3) in subsection (g) by striking ‘linguistic and culturally’ and inserting ‘culturally and linguistically’.CommentsClose CommentsPermalink
SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECHNICAL AMENDMENT.
Section 41501(b)(3) of the Violence Against Women Act of 1994 (
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 (
(1) in paragraph (1), by striking all after ‘Indian women’ and inserting a period; andCommentsClose CommentsPermalink
(2) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 14. U NONIMMIGRANT ADJUSTMENT OF STATUS.
Section 245(m)(3) of the Immigration and Nationality Act (
SEC. 15. PROCESSING OF CERTAIN VISAS.
Section 238(b)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (
‘(5) Measures taken to ensure routine consultation with the Office of Policy and Strategy of U.S. Citizenship and Immigration Services during the development 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.’.CommentsClose CommentsPermalink
SEC. 16. CONFORMING AMENDMENT CONFIRMING HOUSING ASSISTANCE FOR QUALIFIED ALIENS.
(a) In General- Section 214 of the Housing and Community Development Act of 1980 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (6), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
‘(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’; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A), by striking ‘(6)’ and inserting ‘(7)’; andCommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
SEC. 17. FUNDING CLARIFICATION FOR STOP GRANTS.
Section 2007(c)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subparagraph (C), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink
(2) by inserting at the end the following:CommentsClose CommentsPermalink
‘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’.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.3401 as Introduced in House Improving Assistance to Domestic and Sexual Violence Victims Act of 2009



