[Senate Report 111-85]
[From the U.S. Government Publishing Office]
Calendar No. 59
111th Congress Report
SENATE
1st Session 111-85
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IMPROVING ASSISTANCE TO DOMESTIC AND SEXUAL VIOLENCE VICTIMS ACT OF
2009
_______
October 1, 2009.--Ordered to be printed
_______
Mr. Leahy, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 327]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (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, having considered the same,
reports favorably thereon, with an amendment, and recommends
that the bill, as amended, do pass.
CONTENTS
Page
I. Background and Purpose of the Improving Assistance to Domestic and
Sexual Violence Victims Act of 2009..............................2
II. History of the Bill and Committee Consideration..................4
III. Section-by-Section Summary of the Bill...........................5
IV. Congressional Budget Office Cost Estimate........................9
V. Regulatory Impact Evaluation....................................11
VI. Conclusion......................................................11
VII. Minority Views..................................................12
VIII.Changes to Existing Law Made by the Bill, as Reported...........19
I. Background and Purpose of the Improving Assistance to Domestic and
Sexual Violence Victims Act of 2009
A. BACKGROUND
The Violence Against Women Act of 1994 was enacted as Title
IV of the Violent Crime Control and Law Enforcement Act of
1994.\1\ This legislation was Congress' initial effort to
address the problem of gender-related violence in the United
States, and its recognition of the severity and significance of
domestic violence in American society. The Act was amended
twice subsequent to the passage of the original law\2\ to
reauthorize existing grant programs and to enact new
initiatives directed at discrete issues such as dating
violence, sexual assault, and stalking.
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\1\Pub. L. No. 103-322, 108 Stat. 1902, 42 U.S.C. Sec. 13701
(2006).
\2\Pub. L. No. 106-386; Pub. L. No. 109-162.
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The Violence Against Women Act is the centerpiece of
Federal Government's effort to combat and ameliorate domestic
violence and its effects on society. The Improving Assistance
to Domestic and Sexual Violence Victims Act of 2009, S. 327,
makes technical and other amendments to several areas of the
current law in order to improve the administration and
effectiveness of the Violence Against Women Act.
B. PURPOSE OF THE LEGISLATION
The bill seeks to make technical and other amendments to
resolve issues identified in the current law so that the law's
provisions may be carried out as effectively and efficiently as
possible. Victim service providers and other non-governmental
organizations play an instrumental role in the implementation
of the Violence Against Women Act. Suggested improvements from
experts in the field concerning the efficacy of the law are
essential to congressional efforts to improve the law. As a
result of substantial input from domestic violence
organizations and practitioners in the field, as well as from
the Department of Justice's Office on Violence Against Women,
S. 327 addresses several areas for technical and substantive
improvement in the current law. The Committee believes that
these areas for improvement merit attention prior to a broader
congressional reauthorization of the law.
The legislation makes substantial improvements to the
current law's provisions for victim-requested HIV testing of an
alleged sexual assault offender.\3\ Under current law, unless a
State can certify to the Attorney General that it has a law or
regulation that requires the State, at a sexual assault
victim's request, to administer an HIV test to an alleged
offender within a certain period of time, the State forfeits
five percent of its funding under VAWA's Grants to Encourage
Arrest Policies and Enforcement of Protection Orders program.
As the result of substantial opposition among the States to
implementing a law or regulation requiring invasive medical
testing of a non-convicted alleged offender, very few States
and local jurisdictions have complied with this section of the
law,\4\ and thus have not fully benefited from the law's grant
programs.
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\3\42 U.S.C. Sec. 3796hh (2006).
\4\According to data obtained from the Department of Justice's
Office on Violence Against Women, of the 209 State and local
jurisdictions (courts and Indian Tribal governments are excluded from
the requirement) that have active grants under the Grants to Encourage
Arrest Policies and Enforcement of Protection Orders Program (Arrest
Program), only 32, or 16 percent, have met the certification
requirement at 42 U.S.C. Sec. 3796hh. Of 27 State grantees under the
Arrest program, 17 have not met the certification requirement. Of 182
local grantees under the Arrest program, 160 have not met the
requirement.
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The bill seeks to ameliorate this situation. The bill
retains provisions allowing States to continue or implement a
mechanism to permit a victim to request HIV testing of an
alleged offender, but also allows a State, as an alternative to
meeting the statutory requirement, to implement a testing and
treatment regime for the victim of a sexual assault. In
addition to victim testing, the bill would also provide, at no
cost to the victim, counseling about disease transmission and
treatment, as well as prophylaxis in accordance with guidance
set forth by the Centers for Disease Control and Prevention.
Under the bill, a State's implementation of either an offender
testing mechanism, or a victim testing and treatment mechanism,
would satisfy the certification requirement in order to
maintain full funding eligibility under VAWA.
Along with providing a victim-focused alternative to the
current law's requirements, the bill amends current provisions
relating to offender testing. For offender testing, the bill
establishes three alternative criteria that must be met before
the State is required to carry out the requested testing within
48 hours: (1) the request must be made by the victim; (2) there
has been a finding of probable cause that the alleged offender
carried out the assault, and (3) the alleged offender is in
custody or otherwise available for testing.
The purpose of this change is to address what the Committee
believes are practical problems with the current law's
provisions that allow for offender testing within 48 hours only
after an indictment or information has been returned. Under
current law, in order for a State to avoid a five percent
penalty on Federal grant funding, the State must test an
offender within 48 hours of indictment or information. Where an
offender is unavailable for testing, despite an indictment or
information, substantial practical problems are presented for a
jurisdiction in complying with the law. Moreover, testing an
offender within 48 hours of an indictment or information, which
may be long after an assault, does little to address the
medical needs of an assault victim who has been exposed to a
disease.
The Committee believes that providing States with
alternative or complementary means to meet the current
certification requirements, in a manner focused on the needs of
a sexual assault victim, will better respect the policy making
process of the States in matters squarely within the State
police power. The rigid imposition under current law of a
single policy choice on the States through the withholding of
important Federal funding has not resulted in significant
compliance. The Committee therefore believes that additional
flexibility for State policy makers in this regard is
warranted.
The bill also clarifies the intent of the 2005 VAWA
legislation, which sought to remove a grant matching
requirement previously required of non-governmental victim
service providers. After 2005, the Department of Justice
interpreted these changes such that the matching requirement
formerly paid by victim service providers was assumed by the
State. This legislation clarifies that intent by making clear
that States are not expected to assume grant matching
requirements formerly required of victim service providers, as
is currently the practice.
The legislation strengthens the limitation in current law
related to the publication of protection orders on the internet
to further protect the privacy of a victim of domestic
violence.
The legislation expands the National Baseline Study on
violence against Indian women to ensure that Alaska Native
women are included in the study.
The legislation makes important improvements to provisions
of Federal immigration law that serve to protect and obtain the
assistance in criminal prosecutions of immigrant victims of
trafficking and other serious crimes. The legislation ensures
that immigrant trafficking victims who have been granted a visa
will be able to petition to adjust their immigration status
even where their temporary visa has expired. Due to a delay in
the Department of Homeland Security's issuance of regulations
for T visa adjustment of status, some T visa holders saw their
legal status expire prior to the issuance of agency rules that
were to contain a mechanism for an adjustment prior to visa
expiration. This legislation would permit those whose T visas
had expired prior to the publication of the rules to petition
for adjustment of status.
The legislation streamlines the application standard for T
and U visa applicants, makes a technical amendment to the 2005
VAWA legislation to ensure that derivative minor siblings of U
visa recipients are eligible for the benefits intended by the
2005 VAWA legislation, and makes a conforming amendment to the
Housing and Community Development Act to ensure that immigrant
victims of domestic violence are eligible for housing benefits,
as Congress intended.
The changes described above are among several important
improvements to the Violence Against Women Act. As the
legislative history of the Violence Against Women Act
demonstrates, Congress has consistently responded with
amendments to the law as societal needs evolve and as new
challenges emerge. The bill continues Congress' efforts to
continually improve the Violence Against Women Act as an
important tool to combat domestic violence, sexual assault, and
other related forms of violent crime.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
Senator Leahy introduced S. 327, the Improving Assistance
to Domestic and Sexual Violence Victims Act of 2009, on January
26, 2009, and was subsequently joined by Senators Hatch,
Klobuchar and Kaufman as cosponsors. The bill was referred to
the Judiciary Committee.
B. COMMITTEE CONSIDERATION
1. Committee hearing
On June 10, 2009, the Committee held a hearing on ``The
Continued Importance of the Violence Against Women Act.'' This
hearing addressed not only the merits of S. 327, but also the
importance of examining the strengths and weaknesses of the
Violence Against Women Act in preparation for the Act's
upcoming reauthorization. At the hearing, six witnesses
testified in two panels: Acting Director of the Department of
Justice's Office on Violence Against Women, Catherine Pierce,
testified on Panel I; Actress and Advocate, Gabrielle Union;
Executive Director of the Vermont Coalition Against Domestic
and Sexual Violence, Karen Tronsgard-Scott; President and
Founder of the Lindsay Ann Burke Foundation, Anna Burke, RN,
M.Ed.; National Chair of Force 100, Collene Campbell; and Chief
Assistant of the Office of the Maricopa County Attorney, Sally
Wolfgang Wells, all testified on Panel II.
2. Executive business meetings
On April 23, 2009, the Committee held an executive business
meeting to consider S. 327 and other measures, but the business
meeting ended prior to the bill's consideration.
On May 7, 2009, the Committee adopted by unanimous consent
a complete substitute to the bill offered by the Chairman. The
complete substitute made several technical corrections and
clarifications to the bill requested by the Department of
Justice in a views letter. Senator Kyl offered an amendment to
set a mandatory minimum sentence of 10 years in prison for
those convicted of aggravated sexual abuse. Senator Feinstein
offered a second-degree amendment, reducing the minimum to five
years. The Committee accepted the second-degree amendment and
then accepted the Kyl amendment by a voice vote.
The Committee then voted to report the Improving Assistance
to Domestic and Sexual Violence Victims Act of 2009, as
amended, favorably to the Senate by voice vote.
III. Section-by-Section Summary of the Bill
Section 101. Short title
This section provides that the legislation may be cited as
the ``Improving Assistance to Domestic and Sexual Violence
Victims Act of 2009.''
Section 102. Effective date
This section provides that the amendments in the Act shall
take effect at the beginning of fiscal year 2010.
Section 103. Definitions and universal grant conditions under VAWA
This Section makes various amendments to 42 U.S.C.
Sec. 13925(a) and (b).
Section 103(a) clarifies the term ``youth'' to be defined
as ages 12-24, which is consistent with other Federal grant
programs.
Section 103(b) provides a definition for ``Trained
Examiner'' in order to permit rural and Tribal areas that do
not have the benefit of a Sexual Assault Nurse Examiner (SANE)
the ability to receive STOP grants to purchase rape kits. Under
current law, the use of STOP grant funding for the purchase of
rape kits was contingent upon the presence of a SANE nurse.
Section 103(c) clarifies the definition such that the
personal information specified in the current definition is
personal regardless whether it is encrypted or otherwise
protected.
Section 103(d) adds a new requirement for Technical
Assistance grant funding such that entities receiving Technical
Assistance grants must possess expertise in the purposes and
other aspects of the grant program for which the technical
assistance is being provided.
Section 103(e) clarifies that states are not required to
pay the share of matching funds that victim services providers
are no longer required to pay. In the 2005 VAWA
reauthorization, the provision exempting victim service
providers from matching Federal funds was not written to
require States to then step in and match Federal funds. The
intent of that legislation was to eliminate the matching
requirement altogether, not to transfer it to the States. The
VAWA 2005 provision has been construed by the Department of
Justice to require the States to assume the matching
requirement formerly required of victim service providers. This
section also clarifies that VAWA grants to victim service
providers awarded as sub-grants by other VAWA grantees do not
require matching funds.
Section 103(f) strengthens existing privacy provisions in
the current law. This section also clarifies that nothing in
the law prohibits a grantee or sub-grantee from reporting child
abuse, elder abuse, or neglect to relevant authorities, and
that where State law permits or mandates reporting, nothing
shall prevent a grantee or sub-grantee from reporting. The
section expressly does not preempt State laws more protective
of privacy interests than the Federal law.
Section 103(g) clarifies that with respect to the release
of personal information, a minor or person with a court-
appointed guardian that is eligible to receive services under
the law without the consent of a parent or guardian is also
eligible to release personal information without the consent of
a parent or guardian.
Section 104. Criminal justice
Section 104(a) amends section 2007(d) of the Omnibus Crime
Control and Safe Streets Act of 1968 (Omnibus Crime Control
Act) (42 U.S.C. Sec. 3796gg-1(d)) to strengthen limitations on
internet publication of protection orders by requiring grantees
to prove compliance with new section 2013A, which sets
limitations on such publication.
Section 104(b) amends section 2007(f) of the Omnibus Crime
Control Act (42 U.S.C. 3796gg-1(f)) to clarify the grant
matching requirements at that section.
Section 104(c) amends section 2265(d) of title 18 to strike
paragraph (3), which is incorporated into the amendment made by
section 104(d).
Section 104(d) amends Part T of the Omnibus Crime Control
Act (42 U.S.C. Sec. 3796gg et seq.) to add new section 2103A
concerning limitations on the internet publication of
protective orders.
Section 104(e) amends section 2010 of the Omnibus Crime
Control Act (42 U.S.C. Sec. 3796gg-4) to add the term
``Territory''.
Section 104(f) amends section 40002(a)(22) of the Violence
Against Women Act of 1994 (VAWA) (42 U.S.C. Sec. 13925(a)(22)
by changing the population threshold for a rural state from
150,000 to 200,000.
Section 104(g) amends section 2011(a)(1) of the Omnibus
Crime Control Act (42 U.S.C. Sec. 3796gg-5(a)(1)) by adding the
term ``dating violence'' to the section.
Section 104(h) amends section 2101(c)(4) of the Omnibus
Crime Control Act (42 U.S.C. Sec. 3796hh(c)(4)) by adding the
term ``dating violence'' to the section.
Section 104(i) provides an effective date for sections (g)
and (h) above that is two years after the date of enactment of
the legislation.
Section 105. Families
Section 105(a) amends section 41304 of VAWA (42 U.S.C.
Sec. 14043d-3) to move the home visitation program created in
the 2005 VAWA reauthorization from the Department of Justice to
the Department of Health and Human Services to align the
jurisdiction of the program with other similar home visitation
programs under the authority of HHS.
Section 106. Housing
Section 106(a) amends section 6(u)(1)(A) of the United
States Housing Act of 1937 (42 U.S.C. Sec. 1437d) to permit the
use of third-party certifications on behalf of a domestic
violence victim seeking Federal housing benefits.
Section 107. Economic security
Section 107(a) amends section 41501(a) of VAWA (42 U.S.C.
Sec. 14043f(a)) to expand the national resource center on
workplace responses to assist victims of domestic and sexual
violence to permit additional entities to receive information
and assistance through the resource center. Victim service
providers, community-based organizations, State domestic
violence, sexual assault, and tribal coalitions are included as
recipients of resource center benefits.
Section 107(b) amends section 41501(c)(1) of VAWA (42
U.S.C. Sec. 14043f(c)(1)) to expand the list of entities
eligible to provide assistance under the resource center
provisions to include victim service providers, community-based
organizations, State domestic violence and sexual assault
coalitions and tribal coalitions.
Section 108. Tribal issues
Section 108 amends section 2015 of the Omnibus Crime
Control Act (42 U.S.C. Sec. 3796gg-10) by providing that funds
available under the section shall remain available until
expended, the use of which is limited to the activities
described in the section.
Section 108 also provides that a grant provided under the
section to be amended shall be for a period of 24 months.
Section 109. Sexual assault nurse examiners
Section 109(a) amends section 2101(b) of the Omnibus Crime
Control Act (42 U.S.C. Sec. 3796hh(b)) to include the provision
of Sexual Assault Nurse Examiners through this grant program in
order to improve the availability of SANE nurses who are
specially trained in evidence collection and documentation and
contribute significantly to successful prosecution of sexual
assault offenders.
Section 110. Sexually transmitted infection testing and treatment
Section 110 amends section 2101 of the Omnibus Crime
Control Act (42 U.S.C. Sec. 3796hh) to refine current
procedures that allow a sexual assault victim to request
medical testing of an alleged offender such that a sexual
assault victim may request testing of an alleged offender
within 48 hours of the alleged offender's being available for
testing and after a finding of probable cause that the alleged
offender committed the assault.
Section 110 also adds a new provision allowing a sexual
assault victim to request their own testing, along with
counseling and prophylaxis in accordance with Centers for
Disease Control and Prevention guidance.
Section 111. Clarification of the term culturally and linguistically
specific
Section 111(a) provides definitions at section 40002(a) of
VAWA (42 U.S.C. Sec. 13925(a)) for the terms ``culturally
specific'', ``culturally and linguistically specific'',
``culturally and linguistically specific services'', and
``culturally specific services''.
Sections 111(b)-(d) amend various sections of VAWA and the
Omnibus Crime Control Act by striking ``linguistically and
culturally'' and inserting ``culturally and linguistically''.
Section 111(e) makes amendments to section 2014 of the
Omnibus Crime Control Act (42 U.S.C. Sec. 3796gg-9) concerning
sexual assault victims.\5\
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\5\Note that the reference at section 111(e) to 42 U.S.C.
Sec. 3796gg-9 is incorrect. This section was repealed by Pub. L. 109-
271, 3(a), Aug. 12, 2006, 120 Stat. 754, and placed at a different
location within the Code. The section to be amended now appears at 42
U.S.C. 14043g, and contains language identical to that formerly located
at 42 U.S.C. Sec. 3796gg-9. This is a drafting error.
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Section 111(f) amends the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
Sec. 14045a) by incorporating the term ``culturally and
linguistically specific'' within the section.
Section 112. National Resource Center grants technical amendment
Section 112 makes a minor technical revision to section
41501(b)(3) of the Violence Against Women Act (42 U.S.C.
Sec. 14043f(b)(3)) by striking extraneous language (``for
materials'').
Section 113. Analysis and research on violence against Indian women
Section 113 amends 42 U.S.C. Sec. 3796gg-10 note) to
clarify that the National Baseline Study concerning violence
against Indian women shall include Alaska Native women. This
section also requires the Department of Justice to submit
annual reports, and upon completion of the study, a final
report to Congress.
Section 114. Extension of T nonimmigrant status
Section 114(a) amends section 214(o)(7) of the Immigration
and Nationality Act (INA) (8 U.S.C. Sec. 1184(o)(7)) to permit
an alien to apply retroactively, after expiration of
nonimmigrant status under INA Section 101(a)(15)(T), for an
extension of that status.
Section 114(b) provides an effective date upon the
section's enactment, which shall apply to applications filed
before, on, or after that date.
Section 115. T and U nonimmigrant protections
Section 115(a) amends 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)) by replacing the term ``bona fide''
with ``prima facie''.
Section 115(b) makes a conforming amendment at section
214(p)(6) of the INA (8 U.S.C. Sec. 1184(p)(6)) by replacing
the term ``bona fide'' with ``prima facie''.
Section 115(c) provides an effective date upon the
section's enactment, which shall apply to applications filed
before, on, or after that date.
Section 116. U nonimmigrant adjustment of status
Section 116(a) amends section 245(m)(3) of the INA (8
U.S.C. Sec. 1255(m)(3)) by including an ``unmarried sibling
under 18 years of age'' within the scope of that section.
Section 116(b) provides an effective date upon the
section's enactment, which shall apply to applications filed
before, on, or after that date.
Section 117. Conforming amendment confirming housing assistance for
qualified aliens
Section 117(a) amends section 214 of the Housing and
Community Development Act of 1980 (42 U.S.C. Sec. 1436a) to
include qualified aliens described at section 431 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. Sec. 1641) within the scope of that section.
Section 117(b) provides an effective date upon enactment of
the section, and provides that the amendment shall apply to
applications for public benefits provided on or after the date
of enactment and without regard to whether regulations to carry
out the amendment have been implemented.
Section 118. Funding clarification for stop grants
Section 118 amends section 2007(c)(3) of the Omnibus Crime
Control Act (42 U.S.C. Sec. 3796gg-1(c)(3)) to require that
grant funds awarded under the section to assist State courts,
but which remain unobligated for a period of 18 months after
receipt, shall be redirected to victim services as provided by
the section.
Section 201. Aggravated sexual abuse
Section 201 amends section 2241(a) of title 18 of the
United States Code to provide for a term of imprisonment under
that section not less than 5 years.
IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S. 327,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
June 16, 2009.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 327, the Improving
Assistance to Domestic and Sexual Violence Victims Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 327--Improving Assistance to Domestic and Sexual Violence Victims
Act of 2009
S. 327 would make mostly technical changes to the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162). The bill also would make it easier
for foreign victims of trafficking and certain other crimes to
maintain U.S. residence. CBO estimates that enacting the bill
would increase direct spending by $1 million annually. S. 327
would have no significant effect on revenues.
Section 114 of S. 327 would permit certain foreign victims
of trafficking to apply for retroactive extensions of their
visas (known as ``T'' visas) if they were unable to adjust
their status to legal permanent resident before their visas
expired. Based on information from the Department of Homeland
Security, CBO estimates that 300 aliens with expired T visas
would apply for retroactive extension of their visas under the
bill. Once restored to lawful status, T visa holders would
regain eligibility for certain federal benefits that are also
available to refugees, such as Medicaid, the Special Nutrition
Assistance Program (formerly known as Food Stamps), and
Supplemental Security Income. Based on information from the
Department of Health and Human Services about refugees' use of
such public benefits, we estimate that enacting section 114
would increase federal outlays for those programs by $1 million
per year and $10 million over the 2010-2019 period.
Enacting S. 327 could have a small effect on collections of
visa fees and direct spending of those fees by the Departments
of State and Homeland Security. Some visa fees collected by the
Department of State are classified as revenues. CBO estimates
that any effects on direct spending and revenues would not be
significant in any year.
S. 327 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no significant costs on state, local, or tribal
governments.
The CBO staff contacts for this estimate are David Rafferty
(for effects on federal benefit programs) and Mark Grabowicz
(for other effects). The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 327.
VI. Conclusion
The last reauthorization of the Violence Against Women Act
strengthened and made many improvements to the Act. Sufficient
time has passed to monitor the bill's implementation, and some
inconsistencies or unintended consequences have been
identified. Senate Bill 327 addresses these immediate problems
through a number of technical amendments. These amendments will
significantly improve the law's operation and execution. This
legislation has been created with the assistance of advocates
and those in the field who work with the Violence Against Women
Act every day. It is clear that the minor changes in this bill
will enable victim service providers to do their jobs more
effectively, and will make meaningful improvements to the lives
of victims everywhere. The Committee believes that Congress
should take swift action to strengthen our efforts to combat
violence against women by passing S. 327 without delay.
VII. Minority Views
MINORITY VIEWS FROM SENATOR COBURN
Although I support the goals of S. 327, I have some
concerns that caused me to withhold my support of this bill in
the Senate Judiciary Committee. In particular, I am concerned
about a provision that would effectively gut existing
protections for victims of sexual assault who wish to have
their offender tested for HIV. As a physician, I know that such
timely testing can lead to effective treatment of a victim,
significantly reducing the chance of infection. Moreover, I am
concerned about the funding structure of VAWA grants,
specifically with respect to the ``matching'' formulas that
determine the amount of federal to state money that is
required. It is my view that these aspects of S. 327 can and
should be improved, and that doing so will prove beneficial to
the victims it aims to serve.
HIV TESTING AND PROPHYLAXIS
In 2005, the Violence Against Women and Department of
Justice Reauthorization Act (``VAWA Reauthorization Act'')
passed with an important provision intended to protect women
who have already been victimized once by sexual assault from
being assaulted again by either AIDS or the legal system which
may deny them potentially life-saving information. This
provision encouraged states and local governments to implement
laws that provide victims of sexual assault and rape the
ability to know if the person indicted for the attack is
infected with HIV. It required the Attorney General to withhold
5% of the funding under the Grants to Encourage Arrest Policies
and Enforcement of Protection Orders to a state or local
government grantee that does not implement such laws. Such laws
must require the defendant to undergo testing no later than 48
hours after the date on which the information or indictment is
presented, and as soon thereafter as is practicable, the
results of the test must be made available to the victim.
S. 327, the Improving Assistance to Domestic and Sexual
Violence Victims Act of 2009, strikes the 2005 language and
restructures the HIV testing requirements to allegedly ``shift
the focus of the . . . provision to the needs of the victim,
instead of focusing on the alleged perpetrator.''\1\ The result
of the bill's changes could not be further from that goal. I
agree that victims of sexual assault and rape should be the
focus of HIV testing requirements. In 2005, many states had no
laws that required testing of rape suspects for HIV, and the
2005 VAWA Reauthorization Act changed that. This bill, however,
would hamper the ability of victims to receive immediate
treatment, which is vital to fight off HIV.
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\1\Summary of changes to S. 327, circulated by Democrat staff
Wednesday, May 6, 2009, at 4.
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S. 327 restructures the HIV testing requirements to allow a
state or local government grantee to be eligible for full
funding if it EITHER: (1) certifies it has a law or regulation
that requires the state or local government to provide HIV
testing of the victim at the request of the victim OR (2)
certifies it has a law or regulation that requires that state
or local government to administer an HIV test to an offender at
the request of the victim.
This language has two major problems. First, some claim
that the bill does not eliminate the original language since
the bill still allows a state to meet the grant's provisions by
requiring HIV testing of the offender. Although it is true that
such testing technically remains an option, the bill allows a
state or local government to fulfill the requirements for full
grant funding by EITHER testing the victim OR the offender. It
is likely that states will choose to test the victim because it
is easier; however, this fails to accomplish the goal of
protecting victims from contracting HIV/AIDS because it is the
timely testing of the offender that reveals crucial information
about how a victim should be treated. Second, even if a state
chooses to meet the requirements of the bill by testing the
offender, the time period allowed for compliance effectively
eliminates what was required in the 2005 VAWA Reauthorization
Act, which would have mandated compliance by 2007, and provides
an extension to non-complying grantees by 4 years (2011).
From a medical perspective, it is vitally important that
those who are victims of rape do not also become victims of
HIV/AIDS, and that requires timely medical attention, including
prompt testing of the offender. Treatment with AIDS drugs in
the immediate aftermath, usually within 72 hours, of exposure
can significantly reduce the chance of infection. However,
because of the toxicity and long-term side effects, these drugs
should not be administered for long periods of time without
knowing if HIV exposure has occurred.
Victims cannot rely solely on testing themselves because it
can take weeks, sometimes months, before HIV antibodies can be
detected. Therefore, testing the assailant is the only timely
manner in which to determine if someone has been exposed to
HIV. Furthermore, rapid tests are now available that can
diagnose HIV infection within 20 minutes with more than 99%
accuracy.
The American Medical Association supports this policy
because ``early knowledge that a defendant is HIV infected
would allow the victim to gain access to the ever growing
arsenal of new HIV treatment options. In addition, knowing that
the defendant was HIV infected would help the victim avoid
contact which might put others at risk of infection.''\2\
Furthermore, the violent nature of the forced sexual contact
actually increases the chances of transmission.
---------------------------------------------------------------------------
\2\Passage of the Violence Against Women Act of 2005 and Protecting
Rape Survivors from HIV/AIDS, Extension of Remarks, Senator Tom Coburn,
M.D., December 15, 2005.
---------------------------------------------------------------------------
For example, Eliina Nicole Keitelman testified how she was
raped at the age of 14 by a 40 year old online predator.
Incredibly, the uncertainty regarding the HIV status of her
assailant required Ms. Keitelman to continue living as a victim
and extended the punishment of the sexual assault. As Ms.
Keitelman testified:
My early teen years were spent getting tested and
retested for HIV and pregnancy. It was completely
humiliating for me to be a child of 14 and 15 going to
see the doctor to be tested for HIV and then worrying
for days that I could have been infected with HIV by my
attacker. When I asked if it would be easier for him to
be tested, I was informed that he could not be touched,
while I was being poked, prodded and humiliated over
and over again.
Sadly, Ms. Keitelman's situation is not unique. Deidre
Raver, a survivor of sexual assault and the Co-Founder of Women
Against Violence, also explained how receiving HIV information
quickly is essential to protecting a victim of sexual assault:
``The HIV status of an accused rapist provides necessary
medical information that allows a victim or a child victim's
parents and/or legal guardians to make appropriate life saving
decisions.''
Thus, obtaining timely HIV information is essential to
protecting victims of sexual assault. If any change should be
made to this legislation, it should strengthen the ability of
assault victims to obtain HIV information. Sadly, S. 327 takes
away any meaningful hope of victims to obtain this information.
By allowing state and local governments to meet their funding
requirements by creating a law or regulation that requires the
testing of the victim of the sexual assault, this provision
eviscerates the bipartisan HIV testing amendment agreed to in
2005. It also allows state and local governments to provide the
victim with incomplete information--the victim's HIV status--
rather than the assailant's HIV status.
As Ms. Raver testified, ``[t]esting the victim for HIV does
not provide accurate information until a much later time period
because of the time it takes for infection. Denying this data
to victims is an outrage and is unacceptable. Half of all rapes
remain unreported. Is it any wonder why, given that the privacy
rights of rapists continue to be more sacred than the rights of
rape victims?'' The Children's AIDS Fund has stated that ``when
it is a child--either a little girl or little boy--that has
been brutalized, raped or sodomized the need to reduce lifetime
negative psychological and emotional damage is equally great or
greater.''
It is clear that testing the offender rather than the
victim has incredible benefits to the victim. I realize that
some believe testing only the offender is somehow not in the
best interest of the victim, or that somehow, as the ACLU
claimed in 2005, ``forced HIV testing, even of those convicted
of a crime, infringes on constitutional rights and can only be
justified by a compelling governmental interest. No such
interest is present in the case of a rapist and his victim
because the result of a rapist's HIV test, even if accurate,
will not indicate whether the rape victim has been infected.''
However, the medical facts are quite obvious why knowledge of
HIV exposure is vital to victims of sexual assault, and it is
astonishing that anyone would argue otherwise. In fact,
numerous court decisions have concluded it is constitutional to
test indicted rapists.\3\
---------------------------------------------------------------------------
\3\See, e.g., State in Interest of J.G., 701 A.2d 1260 (N.J. 1997);
Fosman v. State, 664 So. 2d 1163 (Fla.App. 4 Dist., 1995).
---------------------------------------------------------------------------
When I worked successfully with Senators Specter and Biden
to include HIV testing of offenders in the 2005 VAWA
Reauthorization Act, he received numerous letters from
individuals and organizations such as the AMA and Women Against
Violence, providing countless examples of why it is so
important for offenders to be tested as quickly as possible
after an attack. In addition, this year's hearing on S. 327
drew comments from several organizations and witnesses
confirming the need for prompt offender testing. Organizations
such as the Children's AIDS Fund and the AIDS Healthcare
Foundation submitted letters opposing the changes proposed by
S. 327, and hearing witnesses, Ms. Keitelman and Ms. Raver,
testified to the consequences of offender only HIV testing.
For example, in some circumstances, rape defendants have
even used agreement to submit to and report the results of an
HIV test to a victim something that could save the life of the
person they victimized--AE1as a plea bargaining tool to reduce
their sentence. Ms. Raver testified that ``[t]he information
concerning the HIV status of an accused rapist can be used to
reduce sentencing during plea bargaining and has been used as a
tool in the past.'' What could be more offensive to a victim
than to know her assailant will serve less time merely because
he submitted to a test that could be vital to her survival?
Not only were offender HIV testing provisions adopted in
the 2005 VAWA Reauthorization, they were also recently accepted
unanimously in February 2008 in the Indian Health Care bill,
and were included in the Ryan White CARE Act for emergency
responders and firefighters from 1994 until 2006, when they
were removed. However, in May 2009, the Homeland Security and
Government Affairs Committee re-adopted the Ryan White
language. This language would allow firefighters and emergency
responders who are exposed to infectious diseases, including
HIV, when treating someone to have that person tested for
infectious diseases within 48 hours. If we believe it is
important for firefighters to be able to have a person whom
they were actually helping be tested, is it not even more
important and obvious that it would be in a sexual assault
victim's best interest to be given timely information after
having been forcibly exposed to the bodily fluids of someone
potentially infected with a life-threatening disease like HIV?
In the end, this is about victims. It is about their right
to make the choice whether to have their assailant tested. The
original language was intentionally drafted narrowly to ensure
the indicted offender is only tested at the request of the
victim. If sufficient evidence exists to arrest and jail a rape
suspect, the victim should have the right to request that
suspect be tested for HIV. Testing the victim immediately is
too early for HIV to manifest itself in the victim, and waiting
until the offender is convicted is too late for life-saving
treatment if the victim is, in fact, infected.
I strongly oppose language in S. 327 that significantly
alters the current HIV offender testing regime. In fact,
Section 110 would effectively gut the existing requirements, by
allowing state laws that provide victim-rather than offender-
testing to pass muster. This is a disservice to victims and an
unjustifiable change in current law.
Additionally, I am disappointed that this legislation does
not encourage state and local law enforcement agencies to use
DNA testing more proactively. Several witnesses testified in
detail regarding the suffering they endured as victims of
sexual assault. For example, Eliina Nicole Keitelman testified
that, as the investigation and trial of her assailant dragged
on over three years, she ``felt like [she] was being victimized
over and over again.'' DNA testing helps identify the attackers
who inflict this suffering, protect the innocent, and provide
law enforcement with the tools to respond to serial offenders.
Indeed, the testimony of several witnesses illustrates the
importance of this tool. In her testimony, Michelle de la Calle
described how she was repeatedly raped by a stranger she met at
a small house party. Ms. de la Calle also explained how the DNA
evidence she collected helped confirm her assailant's identity
and guilt. Collene Campbell, who testified about the murder of
her loved ones, urged us to ``[i]ncrease the ability of the
nation's law enforcement agencies to solve crimes through an
increased reliance on DNA testing. Every person arrested should
be required to submit a DNA sample. DNA sampling protects the
innocent and helps identify the guilty.'' Sally Wolfgang Wells,
who brought a prosecutor's perspective to the hearing,
testified that ``DNA testing of suspects ensures that suspects
are identified as early as possible. . . . Sexual offenses are
often repetitive crimes. The ability to link crimes to specific
individuals and to specific geographic areas helps law
enforcement to put an end to serial offenses sooner.''
VAWA GRANT PROGRAMS
VAWA grant programs are designed to assist states, Indian
tribes, victim service providers and other grantees in
effectively reaching out to victims and providing vital
services to help them recover from all types of abuse. While I
seriously question the constitutionality of supplying federal
funds to states and other local grantees for these purposes,
since they are already in place, I believe the states and other
grantees should participate significantly in funding services
for victims in their communities.
The only way these grantees can ensure fiscal vitality in
the future is to reduce their dependence on federal funding.
This can be accomplished by requiring the grantee to match the
federal portion of VAWA grants. However, current law does not
require matching for any VAWA grant, except for the Special
Training Officers and Prosecutors (STOP) grants, which requires
a 25% match by grantees.
No doubt VAWA grantees want future funding to be
consistent. With our federal debt at $11.7 trillion and
skyrocketing by the day, coupled with Congress' inability to
control and reduce federal spending on lower priorities,
grantees should be very concerned about availability of future
federal funding. Requiring grantees to match federal funds in
these grants will ensure more fiscal stability for them in the
future.
In addition, grantees, especially states, should be able to
afford their matching portion, as states typically have surplus
budgets. In 2007, states had a surplus of $65.9 billion\4\ and
in fiscal year 2008, those balances totaled $50.8 billion.\5\
Based on fiscal year 2009 enacted budgets, states still
maintain a budget surplus of $48 billion.\6\ Yet, the federal
deficit grew by $593 million\7\ just in the first 4 months of
2009, and now stands at $11.7 trillion.\8\ The federal
government's fiscal strength is questionable at best.
---------------------------------------------------------------------------
\4\The Fiscal Survey of States, National Association of State
Budget Officers, December 2008, p. viii.
\5\Id.
\6\Id.
\7\CBO Estimate of the President's budget, tables 1-2, 1-3, and 1-
4.
\8\National Debt Counter, available at www.coburn.senate.gov.
---------------------------------------------------------------------------
Thus, when a grantee can contribute a higher percentage of
the total funding, it will likely be more secure financially by
relying less on the federal government. Also, as a grantee
invests additional funds into its services, it is more likely
to remain truly committed to developing new and innovative
strategies to help victims of crime. The easiest way to ensure
this occurs is to require the federal government to provide no
more than 50% of the grant amount. Matching is common in many
pieces of legislation, and a 50-50 match was recently
incorporated into the Second Chance Act and the PRO-IP Act of
2008.
As mentioned above, STOP Grants are the only VAWA grants
that require matching from the grantee. That 25% match can be
provided by the state (the primary grantee) or the subgrantee
to which the state awards federal funds. Often, the state
provides the match for the subgrantee.
However, this bill would allow grantees that are Indian
tribes or victim service providers to be exempt from the
matching requirement. These grants provide federal funds to
benefit victims in state and local communities and within
Indian tribes. Those administering the services and receiving
federal funds should, at the very least, provide funding equal
to the federal government's share, so that their victims can
reap important benefits that will not disappear when federal
funds are no longer available--a highly probable outcome with
the federal government's deficit and out of control spending.
Again, the only way these grantees can ensure fiscal vitality
and consistent support of victims in the future is to reduce
their dependence on federal funding.
Nowhere in the Constitution is the federal government
tasked with providing states, localities, and private
organizations with basic funding. Although many of these causes
are laudable, they are not federal responsibilities. At the
very least, grantees should share equally when the federal
government provides funding to support their activities.
Tom Coburn.
MINORITY VIEWS FROM SENATOR SESSIONS
A number of the immigration provisions in this bill are
emblematic of the underlying immigration problem. At least
three of those provisions should be modified or removed.
Section 114 of the bill adds a provision that would allow
an alien to apply for an extension of a T (victims of
trafficking) visa retroactively after it has expired. While it
is a desirable and admirable goal to protect those who have
legitimately been victims of trafficking, we must also ensure
that our immigration system is not subject to fraud. Because of
a delay by DHS in issuing certain regulations, some T visa
holders fell out of status due to no fault of their own. We
should allow those impacted by DHS' delay to apply for an
extension of status even though their visa has expired. The
bill as drafted would place no limit on when those extensions
must be filed and would excuse those not impacted by the DHS
error indefinitely. It is an open invitation for fraud and
administratively unworkable.
Additionally, section 115 amends 22 U.S.C.
Sec. 7105(b)(1)(E)(i)(II)(aa) and 8 U.S.C. Sec. 1184(p)(6) to
strike ``bona fide,'' or good faith, with ``prima facie'' for
certification purposes when individuals make applications for T
or U visas. This lessens the degree of scrutiny for those
making applications in these visa categories. Unfortunately,
our immigration system is rife with fraud and until
administrative changes are made to remedy this, we should not
lower the standards which must be met for people to come into
the country. We certainly should not do so under the current
circumstances.
Finally, section 116 opens up chain migration in the U visa
category. Section 245(m) of the Immigration and Nationality Act
allows the Secretary of DHS to adjust the status of U
nonimmigrant visa holders to Legal Permanent Resident status if
certain requirements are met. It also allows the Secretary to
adjust the status of the U visa holder's spouse, child or
parent (if it is an alien child under 21). Section 116 would
add unmarried siblings under to the category of those related
to the U visa holder whose status can be adjusted to LPR. There
is no limit on these ``unmarried'' siblings from later
petitioning others. While family is an important component to
immigration, our limited resources limit the ability to allow
everyone affiliated with a visa holder to enter the country.
Additionally, I endorse the minority views of Senator
Coburn regarding HIV testing and grant structure.
Jeff Sessions.
VIII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 327, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
UNITED STATES CODE
TITLE 8--ALIENS AND NATIONALITY
* * * * * * *
CHAPTER 12--IMMIGRATION AND NATIONALITY
* * * * * * *
Subchapter II--Immigration
* * * * * * *
PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
CITIZENS AND ALIENS
* * * * * * *
Sec. 1184. Admission of nonimmigrants
* * * * * * *
(o) Trafficking in Persons; Conditions of Nonimmigrant
Status.--
* * * * * * *
(D) An alien may apply for extension of
status under subparagraph (B) retroactively
after the expiration of non-immigrant status
under subparagraph 101(a)(15)(T).
(p) Requirements Applicable to Section 1101(a)(15)(U)
Visas.--
* * * * * * *
(6) Duration of status.--The authorized period of
status of an alien as a nonimmigrant under section
1101(a)(15)(U) of this title shall be for a period of
not more than 4 years, but shall be extended upon
certification from a Federal, State, or local law
enforcement official, prosecutor, judge, or other
Federal, State, or local authority investigating or
prosecuting criminal activity described in section
1101(a)(15)(U)(iii) of this title that the alien's
presence in the United States is required to assist in
the investigation or prosecution of such criminal
activity. The Secretary of Homeland Security may
extend, beyond the 4-year period authorized under this
section, the authorized period of status of an alien as
a nonimmigrant under section 1101(a)(15)(U) of this
title if the Secretary determines that an extension of
such period is warranted due to exceptional
circumstances. Such alien's nonimmigrant status shall
be extended beyond the 4-year period authorized under
this section if the alien is eligible for relief under
section 1255(m) of this title and is unable to obtain
such relief because regulations have not been issued to
implement such section and shall be extended during the
pendency of an application for adjustment of status
under section 1255(m) of this title. The Secretary may
grant work authorization to any alien who has a
pending, [bona fide] prima facie application for
nonimmigrant status under section 1101(a)(15)(U) of
this title.
* * * * * * *
PART V--ADJUSTMENT AND CHANGE OF STATUS
* * * * * * *
Sec. 1255. Adjustment of Status of Nonimmigrant to that of person
admitted for permanent residence
* * * * * * *
(m) Adjustment of Status for Victims of Crimes Against
Women.--
* * * * * * *
(3) Upon approval of adjustment of status under
paragraph (1) of an alien described in section
1101(a)(15)(U)(i) of this title the Secretary of
Homeland Security may adjust the status of or issue an
immigrant visa to a spouse, a child, or, in the case of
an alien child, a parent or an unmarried sibling under
18 years of age on the date of such application for
adjustment of status under paragraph (1), who did not
receive a nonimmigrant visa under section
1101(a)(15)(U)(ii) of this title if the Secretary
considers the grant of such status or visa necessary to
avoid extreme hardship.
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 109A--SEXUAL ABUSE
* * * * * * *
Sec. 2241. Aggravated sexual abuse
(a) By Force of Threat.--
* * * * * * *
(2) by threatening or placing that other person in
fear that any person will be subjected to death,
serious bodily injury, or kidnapping; or attempts to do
so, shall be fined under [this title, imprisoned for
any term of year or life, or both] this title and
imprisoned for any term of years not less than 5, or
for life.
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
* * * * * * *
Sec. 2265. Full faith and credit given to protection orders
* * * * * * *
(d) Notification and Registration.--
* * * * * * *
[(3) Limits on Internet publication of registration
information.--A State, Indian tribe, or territory shall
not make available publicly on the Internet any
information regarding the registration, filing of a
petition for, or issuance of a protection order,
restraining order or injunction, 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. A
State, Indian tribe, or territory may share court-
generated and law enforcement-generated information
contained in secure, governmental registries for
protection order enforcement purposes.]
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
* * * * * * *
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION ACT
* * * * * * *
Sec. 7105. Protection and assistance for victims of trafficking
* * * * * * *
(b) Victims in the United States.--
(1) Assistance.--
* * * * * * *
(E) Certification.--
(i) In general.--
* * * * * * *
(II)(aa) has made a [bona
fide] prima facie application
for a visa under section
1101(a)(15)(T) of Title 8, as
added by subsection (e) of this
section, that has not been
denied; or
* * * * * * *
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 8--LOW-INCOME HOUSING
* * * * * * *
Sec. 1436a. Restriction on use of assisted housing by non-resident
aliens
(a) Conditions for Assistance.--
* * * * * * *
(6) an alien lawfully admitted for temporary or
permanent residence under section 1255a of Title 8;
[or]
(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
[(7)] (8) an alien who is lawfully resident in the
United States and its territories and possessions under
section 141 of the Compacts of Free Association between
the Government of the United States and the Governments
of the Marshall Islands, the Federated States of
Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C.
1931 note) while the applicable section is in effect:
Provided, That, within Guam any such alien shall not be
entitled to a preference in receiving assistance under
this Act over any United States citizen or national
resident therein who is otherwise eligible for such
assistance.
* * * * * * *
(c) Preservation of Families; Students.--
(1) If, following completion of the applicable
hearing process, financial assistance for any
individual receiving such assistance on February 5,
1988, is to be terminated, the public housing agency or
other local governmental entity involved (in the case
of public housing or assistance under section 8 of the
United States Housing Act of 1937 [42 U.S.C.A.
Sec. 1437f]) or the applicable Secretary (in the case
of any other financial assistance) shall take one of
the following actions:
(A) Permit the continued provision of
financial assistance, if necessary to avoid the
division of a family in which the head of
household or spouse is a citizen of the United
States, a national of the United States, or an
alien resident of the United States described
in any of paragraphs (1) through [(6)] (7) of
subsection (a) of this section. For purposes of
this paragraph, the term ``family'' means a
head of household, any spouse, any parents of
the head of household, any parents of the
spouse, and any children of the head of
household or spouse. Financial assistance
continued under this subparagraph for a family
may be provided only on a prorated basis, under
which the amount of financial assistance is
based on the percentage of the total number of
members of the family that are eligible for
that assistance under the program of financial
assistance and under this section.
* * * * * * *
(2) Notwithstanding any other provision of law, the
applicable Secretary may not make financial assistance
available for the benefit of--
(A) any alien 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)
who--
* * * * * * *
Subchapter I--General Program of Assisted Housing
* * * * * * *
Sec. 1437d. Contract provisions and requirements; loans and annual
contributions
* * * * * * *
(u) Certification and Confidentiality.--
(1) Certification.--
(A) In general.--A public housing agency
responding to subsection (l)(5) and (6) of this
section may request that an individual certify
via a HUD approved certification form, as
described in subparagraph (C), that the
individual is a victim of domestic violence,
dating violence, or stalking, and that the
incident or incidents in question are bona fide
incidents of such actual or threatened abuse
and meet the requirements set forth in the
aforementioned paragraphs. Such certification
shall include the name of the perpetrator. The
individual shall provide such certification
within 14 business days after the individual
receives a request for such certification from
the public housing agency.
* * * * * * *
Sec. 1437f. Low-income housing assistance
* * * * * * *
(ee) Certification and Confidentiality.--
(1) Certification.--
(A) In general.--An owner, manager, or public
housing agency responding to subsections
(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) of
this section may request that an individual
certify via a HUD approved certification form,
as described in subparagraph (C), that the
individual is a victim of domestic violence,
dating violence, or stalking, and that the
incident or incidents in question are bona fide
incidents of such actual or threatened abuse
and meet the requirements set forth in the
aforementioned paragraphs. Such certification
shall include the name of the perpetrator. The
individual shall provide such certification
within 14 business days after the individual
receives a request for such certification from
the owner, manager, or public housing agency.
* * * * * * *
CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Subchapter XII-H. Grants to Combat Violent Crimes Against Women
* * * * * * *
Sec. 3796gg-1. State grants
* * * * * * *
(c) Qualification.--
* * * * * * *
(3) Of the amount granted.--
* * * * * * *
(C) not less than 5 percent shall be
allocated for State and local courts (including
juvenile courts); [and] 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
* * * * * * *
(d) Application Requirements.--
* * * * * * *
(3) proof of compliance with the requirements for
paying filing and service fees for domestic violence
cases provided in section 3796gg-5 of this title; [and]
(4) documentation showing that tribal, territorial,
State or local prosecution, law enforcement, and courts
have consulted with tribal, territorial, State, or
local victim service programs during the course of
developing their grant applications in order to ensure
that proposed services, activities and equipment
acquisitions are designed to promote the safety,
confidentiality, and economic independence of victims
of domestic violence, sexual assault, stalking, and
dating violence[.]; and
(5) proof of compliance with the requirements
prohibiting the publication or protection order
information on the Internet under section 2013A.
* * * * * * *
(e) Disbursement.--
* * * * * * *
(2) Regulations.--
* * * * * * *
(D) recognize and meaningfully respond to the
needs of underserved populations and ensure
that monies set aside to fund [linguistically
and culturally] culturally and linguistically
specific services and activities for
underserved populations are distributed
equitably among those populations.
* * * * * * *
(f) Federal Share.--
[The Federal share of a grant made under this subchapter
may not exceed 75 percent of the total costs of the projects
described in the application submitted.]
(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.
* * * * * * *
Sec. 3796gg-5. Costs for criminal charges and protection orders
(a) In General.--A State, Indian tribal government, or unit
of local government, shall not be entitled to funds under this
subchapter unless the State, Indian tribal government, or unit
of local government--
(1) certifies that its laws, policies, and practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence offense, or
in connection with the filing, issuance, registration,
or service of a protection order, or a petition for a
protection order, to protect a victim of domestic
violence, dating violence, stalking, or sexual assault,
that the victim bear the costs associated with the
filing of criminal charges against the offender, or the
costs associated with the filing, issuance,
registration, or service of a warrant, protection
order, petition for a protection order, or witness
subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction; or
* * * * * * *
Sec. 3796hh. Grants
* * * * * * *
(c) Eligibility.--
* * * * * * *
(4) certify that their laws, policies, and practices
do not require, in connection with the prosecution of
any misdemeanor or felony domestic violence offense, or
in connection with the filing, issuance, registration,
or service of a protection order, or a petition for a
protection order, to protect a victim of domestic
violence, dating violence, stalking, or sexual assault,
that the victim bear the costs associated with the
filing of criminal charges against the offender, or the
costs associated with the filing, issuance,
registration, or service of a warrant, protection
order, petition for a protection order, or witness
subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction; and
* * * * * * *
Sec. 3796gg-8. Polygraph testing prohibition
* * * * * * *
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.
* * * * * * *
Sec. 3796gg-4. Rape exam payments
(a) Restriction of Funds.--
(1) In general.--A State, Territory, Indian tribal
government, or unit of local government, shall not be
entitled to funds under this subchapter unless the
State, Territory, Indian tribal government, unit of
local government, or another governmental entity incurs
the full out-of-pocket cost of forensic medical exams
described in subsection (b) of this section for victims
of sexual assault.
(2) Redistribution.--Funds withheld from a State,
Territory, or unit of local government under paragraph
(1) shall be distributed to other States, Territories,
or units of local government pro rata. Funds withheld
from an Indian tribal government under paragraph (1)
shall be distributed to other Indian tribal governments
pro rata.
(b) Medical Costs.--A State, Territory, Indian tribal
government, or unit of local government shall be deemed to
incur the full out-of-pocket cost of forensic medical exams for
victims of sexual assault if any government entity--
* * * * * * *
(D) the State, Territory, Indian tribal
government, unity of local government, or
reimbursing governmental entity provides
information at the time of the exam to all
victims, including victims with limited or no
English proficiency, regarding how to obtain
reimbursement.
(c) Use of Funds.--A State, Territory, or Indian tribal
government may use Federal grant funds under this subchapter to
pay for forensic medical exams performed by trained examiners
for victims of sexual assault, except that such funds may not
be used to pay for forensic medical exams by and State,
Territory, Indian tribal government, or territorial government
that requires victims of sexual assault to seek reimbursement
for such exams from their insurance carriers.
* * * * * * *
(e) Judicial Notification.--
(1) In general.--A State, Territory, or unit of local
government shall not be entitled to funds under this
subchapter unless the State, Territory, or unit of
local government--
* * * * * * *
Sec. 3796gg-10. Grants to Indian tribal governments
(a) Grants.--The Attorney General may make grants to Indian
tribal governments or authorized designees of Indian tribal
governments to--
(1) develop and enhance effective governmental
strategies to curtail violent crimes against and
increase the safety of Indian women [consistent with
tribal law and custom;].
* * * * * * *
[(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, and
stalking;] (4) Report._Beginning not later than 2 years
after the date of enactment of the Act, the Attorney
General shall submit an annual report, an 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.
* * * * * * *
(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.
* * * * * * *
Subchapter XII-I--Grants To Encourage Arrest Policies and Enforcement
of Protection Orders
* * * * * * *
Sec. 3796hh. Grants
* * * * * * *
(b) Grant Authority.--The Attorney General may make grants
to eligible States, Indian tribal governments State, tribal,
territorial, and local courts (including juvenile courts), or
units of local government for the following purposes:
* * * * * * *
(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.
(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.
* * * * * * *
[(d) Speedy Notice to Victims.--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 at
the request of a victim to administer to a
defendant, against whom an information or
indictment is presented for a crime in which by
force or threat of force the perpetrator
compels the victim to engage in sexual
activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the
date on which the information or indictment is
presented;
(B) as soon as practicable notification to
the victim, or parent and guardian of the
victim, and defendant of the testing results;
and
(C) follow-up 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
(2) gives the Attorney General assurances that its
laws and regulations will be in compliance with
requirements of paragraph (1) within the later of--
(A) the period ending on the date on which
the next session of the State legislature ends;
or
(B) 2 years.]
(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 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 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
probably 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
law 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.
* * * * * * *
CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
* * * * * * *
Subchapter III--Violence Against Women
* * * * * * *
Sec. 13925. Definitions and grant provisions
(a) Definitions.--
* * * * * * *
(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.
[(6)] (8) Domestic violence.--
* * * * * * *
[(7)] (9) Dating partner.--
* * * * * * *
[(8)] (10) Dating violence.--
* * * * * * *
[(9)] (11) Elder abuse.--
* * * * * * *
[(10)] (12) Indian.--
* * * * * * *
[(11)] (13) Indian country.--
* * * * * * *
[(12)] (14) Indian housing.--
* * * * * * *
[(13)] (15) Indian tribe.--
* * * * * * *
[(14)] (16) Indian law enforcement.--
* * * * * * *
[(15)] (17) Law enforcement.--
* * * * * * *
[(16)] (18) Legal assistance.--
* * * * * * *
[(17) Linguistically and culturally specific
services.--The term ``linguistically and culturally
specific services'' means community-based services that
offer full linguistic access and culturally specific
services and resources, including outreach,
collaboration, and support mechanisms primarily
directed toward underserved communities.]
[(18)] (19) Personally identifying information or
personal information.--The term ``personally
identifying information'' or ``personal information''
means individually identifying information for or about
an individual including information for or about an
individual including information likely to disclose the
location of a victim of domestic violence, dating
violence, sexual assault, or stalking, regardless of
whether the information is encoded, encrypted, hashed,
or otherwise protected, including--
* * * * * * *
[(19)] (20) Prosecution.--
* * * * * * *
[(20)] (21) Protection order or restraining order.--
* * * * * * *
[(21)] (22) Rural area and rural community.--
* * * * * * *
[(22)] (23) Rural state.--The term ``rural State''
means a State that has a population density of 52 of
fewer persons per square mile or a State in which the
largest county has fewer than [150,000] 200,000 people,
based on the most recent decennial census.
[(23)] (24) Sexual assault.--
* * * * * * *
[(24)] (25) Stalking.--
* * * * * * *
[(25)] (26) State.--
* * * * * * *
[(26)] (27) State domestic violence coalition.--
* * * * * * *
[(27)] (28) State sexual assault coalition.--
* * * * * * *
[(28)] (29) Territorial domestic violence or sexual
assault coalition.--
* * * * * * *
[(29)] (30) Tribal coalition.--
* * * * * * *
[(30)] (31) Tribal government.--
* * * * * * *
[(31)] (32) Tribal nonprofit organization.--
* * * * * * *
[(32)] (33) Tribal organization.--
* * * * * * *
[(33)] (34) Underserved populations.--
* * * * * * *
[(34)] (35) Victim advocate.--
* * * * * * *
[(35)]] (36) Victim assistant.--
* * * * * * *
[(36)] (37) Victim services or victim service
provider.--
* * * * * * *
[(37) Youth.--The term ``youth'' means teen and young
adult victims of domestic violence, dating violence,
sexual assault, or stalking.] (38) Youth.--The term
``youth'' means an individual who is between 12 and 24
years of age.
(39) 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.
(b) Grant Conditions.--
(1) Match.--No matching funds shall be required for
any grant or subgrant made under this [Act] title for--
(A) any tribe, territory, or victim service
provider; or
(B) any other entity, including a State,
[that--] that the Attorney General determines
has adequately demonstrated financial need.
[(i) petitions for a waiver of any
match condition imposed by the Attorney
General or the Secretaries of Health
and Human Services or Housing and Urban
Development; and
(ii) whose petition for waiver is
determined by the Attorney General or
the Secretaries of Health and Human
Services or Housing and Urban
Development to have adequately
demonstrated the financial need of the
petitioning entity.]
(2) Nondisclosure of confidential or private
information.--
(A) In general.--In order to ensure the
privacy and safety of adult, youth, and child
victims of domestic violence, dating violence,
sexual assault, or stalking, and their
families, grantees and subgrantees under this
subchapter shall protect the confidentiality
and privacy of persons receiving services.
(B) Nondisclosure.--Subject to subparagraphs
(C) [and (D)], (D), (E), (F), (G), and (H),
grantees and subgrantees shall not--
(i) disclose, reveal, or release, any
personally indentifying information or
individual information, regardless of
whether the information is encoded,
encrypted, hashed, or otherwise
protected, collected in connection with
services requested, utilized, or denied
through grantees' and subgrantees'
programs; or
(ii) [reveal] disclose, reveal, or
release individual client information
without the informed, written,
reasonably time-limited [consent]
consent or authorization of the person
(or in the case of an unemancipated
minor, the minor and the parent or
guardian or in the case of [persons
with disabilities] a person with a
court-appointed guardian, the guardian)
about whom information is sought,
whether for this program or any other
Federal, State, tribal, or territorial
grant program, except that [consent]
consent or authorization for release
may not be given by the abuser of the
minor, person with disabilities, or the
abuser of the other parent of the
minor.
(C) Release.--If disclosure, revelation, or
release of information described in
subparagraph (B) is compelled by statutory or
court mandate--
(i) grantees and subgrantees shall
make reasonable attempts to provide
notice to victims affected by the
disclosure, revelation, or release of
information; and
(ii) grantees and subgrantees shall
name steps necessary to protect the
privacy and safety of the persons
affected by the disclosure, revelation,
or release of the information.
(D) Information sharing.--
* * * * * * *
(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 abuse
of the other parent of a minor.
[(E)] (H) Oversight.--Nothing in this
paragraph shall prevent the Attorney General
from disclosing grant activities authorized in
this Act to the chairman and ranking members of
the Committee on the Judiciary of the House of
Representatives and the Committee on the
Judiciary of the Senate exercising
Congressional oversight authority. All
disclosures shall protect confidentiality and
omit personally identifying information,
including location information about
individuals.
* * * * * * *
(11) Technical assistance.--Of the total amounts
appropriated under this subchapter, not less than 3
percent and up to 8 percent, unless otherwise noted,
shall be available for providing training and technical
assistance relation to the purposes of this subchapter
to improve the capacity of grantees, subgrantees, and
other entities. If there is a demonstrated history that
the Office on Violence Against Women has previous set
aside amounts greater than 8 percent for technical
assistance and training relation to grant programs
authorized under this subchapter, the Office has the
authority to continue setting aside amounts greater
than 8 percent. 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.
* * * * * * *
Subchapter III--Violence Against Women
* * * * * * *
PART L--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE AGAINST
WOMEN AND CHILDREN
* * * * * * *
Sec. 14043d-3. Development of curricula and pilot programs for home
visitation projects
(a) Grants Authorized.--
(1) In general.--The [Attorney General, acting
through the Director of the Office on Violence Against
Women, and in collaboration with the Department of
Health and Human Services,] Secretary of Health and
Human Services (in this section referred to as the
``Secretary''), acting through the Administration for
Children, Youth, and Families, shall award grants on a
competitive basis to home visitation programs, in
collaboration with victim service providers, for the
purposes of developing and implementing model policies
and procedures to train home visitation service
providers on addressing domestic violence, dating
violence, sexual assault, and stalking in families
experiencing violence, or at risk of violence, to
reduce the impact of that violence on children,
maintain safety, improve parenting skills, and break
intergenerational cycles of violence.
(2) Term.--The [Director] Secretary shall make the
grants under this section for a period of 2 fiscal
years.
(3) Award basis.-- The [Director] Secretary shall--
* * * * * * *
(d) Grantee Requirements.--Under this section, an entity
shall--
(1) prepare and submit to the [Director] Secretary an
application at such time, in such manner, and
containing such information as the [Director] Secretary
may require; and
* * * * * * *
PART M--ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
* * * * * * *
Sec. 14043e-3. Collaborative grants to increase the long-term stability
of victims
* * * * * * *
(f) Underserved Populations and Priorities.--In awarding
grants under this section, the Secretary of Health and Human
Services shall--
(1) give priority to [linguistically and culturally]
culturally and linguistically specific services;
* * * * * * *
Sec. 14043e-4. Grants to combat violence against women in public and
assisted housing
* * * * * * *
(c) Eligible Grantees.--
* * * * * * *
(2) Submission required for all grantees.--
* * * * * * *
(D) plans are developed that establish
meaningful consultation and coordination with
local victim service providers, tenant
organizations, [linguistically and culturally]
culturally and linguistically specific service
providers, State domestic violence and sexual
assault coalitions, and, where they exist,
tribal domestic violence and sexual assault
coalitions; and
* * * * * * *
PART N--NATIONAL RESOURCE CENTER
* * * * * * *
Sec. 14043f. Grant for national resource center on workplace responses
to assist victims of domestic and sexual violence
(a) Authority.--
[The Attorney General] (1) In general._The Attorney
General, acting through the Director of the Office on
Violence Against Women, may award a grant to an
eligible nonprofit nongovernmental entity or tribal
organization, in order to provide for the establishment
and operation of a national resource center on
workplace responses to assist victims of domestic and
sexual violence. [The resource center shall provide
information and assistance to employers and labor
organizations to aid in their efforts to develop and
implement responses to such violence.]
(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) Applications.--
* * * * * * *
(3) a plan for developing materials and training [for
materials] for employers that address the needs of
employees in cases of domestic violence, dating
violence, sexual assault, and stalking impacting the
workplace, including the needs of underserved
communities.
* * * * * * *
(c) Use of Grant Amount.--
(1) In general.--An entity or organization
that receives a grant under this section may
use the funds made available through the grant
for staff salaries, travel expenses, equipment,
printing, and other reasonable expenses
necessary to develop, maintain, and disseminate
to employers [and labor organizations], labor
organizations, victim service providers,
community-based organizations, State domestic
violence coalitions, State sexual assault
coalitions, and tribal coalitions, described in
subsection (a) of this section, information and
assistance concerning workplace responses to
assist victims of domestic or sexual violence.
* * * * * * *
PART N-1--SEXUAL ASSAULT SERVICES
* * * * * * *
Sec. 14043g. Sexual assault services program\1\
---------------------------------------------------------------------------
\1\Note that the reference at Section 111(e) to 42 U.S.C.
Sec. 3796gg-9 is incorrect. This section was repealed by Pub.L. 109-
271, Sec. 3(a), Aug. 12, 2006, 120 Stat. 754, and placed at a different
location within the Code. The section to be amended now appears at 42
U.S.C. Sec. 14043g, and contains language identical to that formerly
located at 42 U.S.C. Sec. 3796gg-9. This is a drafting error.
* * * * * * *
---------------------------------------------------------------------------
(b) Grants to States and Territories.--
(1) Grants authorized.--The Attorney General shall
award grants to States and territories to support the
establishment, maintenance, and expansion of rape
crisis centers [and other programs and projects] to
assist those victimized by sexual assault.
(2) Allocation and use of funds.--
* * * * * * *
(B) Grant funds.--Any funds received by a
State or territory under this subsection that
are not used for administrative costs shall be
used to provide grants to rape crisis centers
[and other nonprofit, nongovernmental
organizations for programs and activities]
within such State or territory that provide
direct intervention and related assistance to
sexual assault victims.
(C) Intervention and related assistance.--
* * * * * * *
(v) community-based, [linguistically
and culturally] culturally and
linguistically specific services and
support mechanisms, including outreach
activities for underserved communities;
and
* * * * * * *
(c) Grants for Culturally Specific Programs Addressing
Sexual Assault.--
* * * * * * *
(2) Eligible entities.--To be eligible to receive a
grant under this section, an entity shall--
(A) be a private nonprofit organization [that
focuses primarily on] whose primary mission is
to address one or more culturally specific
communities;
* * * * * * *
(C) have expertise in the development of
community-based, [linguistically and
culturally] culturally and linguistically
specific outreach and intervention services
relevant for the specific communities to whom
assistance would be provided or have the
capacity to link to existing services in the
community tailored to the needs of culturally
specific populations; and
* * * * * * *
(4) Distribution.--
* * * * * * *
(B) Up to 5 percent of funds appropriated
under this subsection in any year shall be
available for technical assistance by a
national, nonprofit, nongovernmental
organization or organizations whose primary
focus and expertise is in addressing sexual
assault within [underserved] culturally
specific populations.
* * * * * * *
PART P--MISCELLANEOUS AUTHORITIES
* * * * * * *
Sec. 14045a. Enhancing culturally and linguistically specific services
for victims of domestic violence, dating violence,
sexual assault, and stalking
* * * * * * *
(b) Purpose of Program and Grants.--
(1) General program purpose.--The purpose of the
program required by this section is to promote:
(A) The maintenance and replication of
existing successful services in domestic
violence, dating violence, sexual assault, and
stalking community-based programs providing
culturally and linguistically specific services
and other resources for culturally and
linguistically specific populations.
(B) The development of innovative culturally
and linguistically specific strategies and
projects to enhance access to services and
culturally and linguistically specific
resources for victims of domestic violence,
dating violence, sexual assault, and stalking
who face obstacles to using more traditional
services and resources.
(2) Purposes for which grants may be used.--
* * * * * * *
(G) providing [culturally and linguistically]
culturally and linguistically specific
resources and services that address the safety,
economic, housing, and workplace needs of
victims of domestic violence, dating violence,
sexual assault, or stalking, including
emergency assistance; or
* * * * * * *