Pub. L. 109-162, tit. VIII, subtit. B, sec. 817

VAWA CONFIDENTIALITY NONDISCLOSURE.

EnactedYear: 2006Length: 485 wordsOfficial source
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE. Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is amended—(1) in subsection (a)—(A) in the matter preceding paragraph (1), by striking “(including any bureau or agency of such Department)” and inserting “, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)”; and (B) in paragraph (1)—119 STAT. 3061(i) in subparagraph (D), by striking “or” at the end; and (ii) by inserting after subparagraph (E) the following: “(F) in the case of an alien applying for status under section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)), under section 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105), under section 244(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March 31, 1999, or as a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)), the trafficker or perpetrator,”; (2) in subsection (b), by adding at the end the following new paragraphs: “(6) Subsection (a) may not be construed to prevent the Attorney General and the Secretary of Homeland Security from disclosing to the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, information on closed cases under this section in a manner that protects the confidentiality of such information and that omits personally identifying information (including locational information about individuals). “(7) Government entities adjudicating applications for relief under subsection (a)(2), and government personnel carrying out mandated duties under section 101(i)(1) of the Immigration and Nationality Act, may, with the prior written consent of the alien involved, communicate with nonprofit, nongovernmental victims’ service providers for the sole purpose of assisting victims in obtaining victim services from programs with expertise working with immigrant victims. Agencies receiving referrals are bound by the provisions of this section. Nothing in this paragraph shall be construed as affecting the ability of an applicant to designate a safe organization through whom governmental agencies may communicate with the applicant.”; (3) in subsection (c), by inserting “or who knowingly makes a false certification under section 239(e) of the Immigration and Nationality Act” after “in violation of this section”; and (4) by adding at the end the following new subsection: “(d) Guidance.—The Attorney General and the Secretary of Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland Security who have access to information covered by this section regarding the provisions of this section, including the provisions to protect victims of domestic violence from harm that could result from the inappropriate disclosure of covered information.”. 119 STAT. 3062