113 HR 1620 IH: Violence Against Women Reauthorization Act of 2021 U.S. House of Representatives 2021-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1620IN THE HOUSE OF REPRESENTATIVESMarch 8, 2021Ms. Jackson Lee (for herself, Mr. Nadler, Mr. Fitzpatrick, Mr. Hoyer, Ms. Kaptur, Ms. Moore of Wisconsin, Mrs. Carolyn B. Maloney of New York, Ms. Lee of California, Ms. Norton, Mr. McGovern, Ms. Bass, Mrs. Beatty, Ms. Speier, Mrs. Dingell, Ms. Wasserman Schultz, Mr. Schiff, Mr. Costa, Mr. Takano, Ms. Titus, Ms. DelBene, Mr. Connolly, Mr. Blumenauer, Ms. Wilson of Florida, Mrs. Demings, Ms. Brownley, Ms. Ross, Mr. Gomez, Mr. Malinowski, Mr. Morelle, Mr. Kilmer, Mr. Horsford, Ms. Wild, Mr. Phillips, Ms. Jacobs of California, Mr. Mrvan, Ms. Williams of Georgia, Ms. Meng, Mr. Brown, Mr. Kildee, Mrs. Luria, Ms. Barragán, Mrs. Lawrence, Mr. Cooper, Mr. Thompson of California, Mr. O'Halleran, Mr. Lynch, Mr. Danny K. Davis of Illinois, Mr. Espaillat, Ms. Kuster, Mr. Vargas, Mrs. Watson Coleman, Mr. Payne, Ms. Dean, Mr. Garamendi, Mr. Welch, Ms. Velázquez, Mr. Cohen, Mr. Torres of New York, Ms. Bonamici, Ms. Clarke of New York, Mr. Cleaver, Mr. Tonko, Ms. Roybal-Allard, Mr. Cicilline, Mrs. Hayes, Ms. Strickland, Mr. DeSaulnier, Ms. Scanlon, Mr. Swalwell, Mr. Schneider, Mr. Carbajal, Mr. Hastings, Mr. Vela, Ms. Clark of Massachusetts, Ms. Spanberger, Mr. Smith of Washington, Ms. Houlahan, Ms. Garcia of Texas, Mr. Brendan F. Boyle of Pennsylvania, Mr. Soto, Mrs. Trahan, Mr. Evans, Ms. Sewell, Mr. Moulton, Mr. Ryan, Mr. Jones, Mr. Carson, Mr. Deutch, Mrs. Bustos, Mr. Raskin, Mr. David Scott of Georgia, Mr. Suozzi, Mr. Keating, Mr. Huffman, Mr. Kim of New Jersey, Mr. Neguse, Ms. Stevens, Mr. Meeks, Mr. Casten, Mrs. Fletcher, Ms. Escobar, Mrs. Napolitano, Mr. McEachin, Mr. Crow, Mr. Yarmuth, Mr. Green of Texas, Ms. Manning, Mr. McNerney, Ms. DeGette, Mr. Lowenthal, Mr. Allred, Ms. Lois Frankel of Florida, Mr. Lawson of Florida, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Kahele, Mr. Grijalva, Mr. Jeffries, Ms. McCollum, Mr. Michael F. Doyle of Pennsylvania, Ms. Blunt Rochester, Mr. Butterfield, Mr. Vicente Gonzalez of Texas, Ms. Davids of Kansas, Mr. Ruppersberger, Mr. Beyer, Mr. Panetta, Mr. Norcross, Ms. Omar, Ms. Bush, Mr. Schrader, Ms. Underwood, Ms. Castor of Florida, Mr. Sires, Mr. Pallone, Mr. Stanton, Ms. Newman, Mrs. Torres of California, Mr. Pascrell, Ms. Sherrill, Mr. Gottheimer, Mr. Sean Patrick Maloney of New York, Mr. Larson of Connecticut, Mr. Sablan, Mr. Khanna, Ms. Leger Fernandez, Ms. Plaskett, Mr. Veasey, Ms. Schakowsky, Ms. Sánchez, Ms. Lofgren, Mr. Scott of Virginia, Ms. Ocasio-Cortez, Ms. Tlaib, Mr. Pocan, Mr. Correa, Mr. Langevin, Mr. Auchincloss, Mr. Gallego, and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, Ways and Means, Education and Labor, Energy and Commerce, Veterans' Affairs, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo reauthorize the Violence Against Women Act of 1994, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Violence Against Women Reauthorization Act of 2021.(b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Universal definitions and grant conditions.Sec. 3. Agency and Department Coordination.Sec. 4. Effective date.Sec. 5. Availability of funds.Title I—Enhancing legal tools to combat domestic violence, dating violence, sexual assault, and stalkingSec. 101. Stop grants.Sec. 102. Grants to encourage improvements and alternatives to the criminal justice response.Sec. 103. Legal assistance for victims.Sec. 104. Grants to support families in the justice system.Sec. 105. Outreach and services to underserved populations grants.Sec. 106. Criminal provisions.Sec. 107. Rape survivor child custody.Sec. 108. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking.Sec. 109. Grants for lethality assessment programs.Title II—Improving Services for VictimsSec. 201. Sexual assault services program.Sec. 202. Sexual Assault Services Program.Sec. 203. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program.Sec. 204. Grants fo training and services to end violence against people with disabilities and Deaf people.Sec. 205. Training and services to end abuse in later life.Sec. 206. Demonstration program on trauma-informed training for law enforcement.Title III—Services, Protection, and Justice for Young VictimsSec. 301. Rape prevention and education grant.Sec. 302. Creating hope through outreach, options, services, and education (CHOOSE) for children and youth.Sec. 303. Grants to combat violent crimes on campuses.Title IV—Violence Reduction PracticesSec. 401. Study conducted by the Centers for Disease Control and Prevention.Sec. 402. Saving Money and Reducing Tragedies (SMART) through Prevention grants.Title V—Strengthening the Healthcare Systems ResponseSec. 501. Grants to strengthen the healthcare systems response to domestic violence, dating violence, sexual assault, and stalking.Title VI—Safe Homes for VictimsSec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.Sec. 602. Ensuring compliance and implementation; prohibiting retaliation against victims.Sec. 603. Protecting the right to report crime from one’s home.Sec. 604. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking.Sec. 605. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.Sec. 606. United States Housing Act of 1937 amendments.Title VII—Economic Security for VictimsSec. 701. Findings.Sec. 702. National Resource Center on workplace responses to assist victims of domestic and sexual violence.Sec. 703. Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, sexual assault, or stalking.Sec. 704. Study and reports on barriers to survivors’ economic security access.Sec. 705. GAO Study.Sec. 706. Education and information programs for survivors.Sec. 707. Severability.Title VIII—Homicide reduction initiativesSec. 801. Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders.Sec. 802. Prohibiting stalkers and individuals subject to court order from possessing a firearm.Title IX—Safety for Indian WomenSec. 901. Findings and purposes.Sec. 902. Authorizing funding for the Tribal access program.Sec. 903. Tribal jurisdiction over covered crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or corrections officer.Sec. 904. Annual reporting requirements.Sec. 905. Report on the response of law enforcement agencies to reports of missing or murdered Indians.Title X—Office on Violence Against WomenSec. 1001. Establishment of Office on Violence Against Women.Sec. 1002. Office on Violence Against Women a Deputy Director for Culturally Specific Communities.Title XI—Improving Conditions for Women in Federal CustodySec. 1101. Improving the treatment of primary caretaker parents and other individuals in federal prisons.Sec. 1102. Public health and safety of women.Sec. 1103. Research and report on women in federal incarceration.Sec. 1104. Reentry planning and services for incarcerated women.Title XII—Law Enforcement Tools to Enhance Public SafetySec. 1201. Notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm.Sec. 1202. Reporting of background check denials to state, local, and Tribal authorities.Sec. 1203. Special assistant U.S. attorneys and cross-deputized attorneys.Title XIII—Closing the Law Enforcement Consent LoopholeSec. 1301. Short title.Sec. 1302. Prohibition on engaging in sexual acts while acting under color of law.Sec. 1303. Incentives for States.Sec. 1304. Reports to Congress.Sec. 1305. Definition.Title XIV—Other MattersSec. 1401. National stalker and domestic violence reduction.Sec. 1402. Federal victim assistants reauthorization.Sec. 1403. Child abuse training programs for judicial personnel and practitioners reauthorization.Sec. 1404. Sex offender management.Sec. 1405. Court-appointed special advocate program.Sec. 1406. Sexual assault forensic exam program grants.Sec. 1407. Review on link between substance use and victims of domestic violence dating violence, sexual assault, or stalking.Sec. 1408. Interagency working group to study Federal efforts to collect data on sexual violence.Sec. 1409. National Domestic Violence Hotline.Sec. 1410. Deputy Director on Culturally Specific Communities within the Office of Justice Programs.Title XV—Cybercrime EnforcementSec. 1501. Local law enforcement grants for enforcement of cybercrimes.Sec. 1502. National Resource Center Grant.Sec. 1503. National strategy, classification, and reporting on cybercrime.Title XVI—Keeping Children Safe from Family ViolenceSec. 1601. Short title.Sec. 1602. Findings.Sec. 1603. Purposes.Sec. 1604. Definition of covered formula grant.Sec. 1605. Increased funding for formula grants authorized.Sec. 1606. Application.Sec. 1607. Rule of construction.Sec. 1608. Grant term.Sec. 1609. Uses of funds.Sec. 1610. Authorization of appropriations.

2.

Universal definitions and grant conditions

Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) is amended—(1)in subsection (a)—(A)by striking In this title and inserting In this title, and for the purpose of all grants authorized under this title;(B)by striking paragraph (5) and inserting the following new paragraph:(5)

Court-based and court-related personnel

The terms court-based personnel and court-related personnel mean persons working in the court, whether paid or volunteer, including—(A)clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; (B)court security personnel;(C)personnel working in related, supplementary offices or programs (such as child support enforcement); and(D)any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system.;(C)by striking paragraph (8) and inserting the following new paragraph:(8)

Domestic violence

The term domestic violence means a pattern of behavior involving the use or attempted use of physical, sexual, verbal, psychological, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, by a person who—(A)is a current or former spouse or dating partner of the victim, or other person similarly situated to a spouse of the victim;(B)is cohabitating with or has cohabitated with the victim as a spouse or dating partner;(C)shares a child in common with the victim;(D)is an adult family member of, or paid or nonpaid caregiver in an ongoing relationship of trust with, a victim aged 50 or older or an adult victim with disabilities; or(E)commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.;(D)in paragraph (9)—(i)by striking consideration of and inserting consideration of one or more of the following factors;(ii)in subparagraph (B), by striking ; and and inserting a semicolon;(iii)in subparagraph (C), by striking the period at the end and inserting ; or; and(iv)by inserting the following new subparagraph: (D) the cultural context of the relationship.; (E)in the matter following paragraph (9), by inserting the following: Sexual contact is not a necessary component of such a relationship.; (F)in paragraph (10)—(i)by striking person— and inserting dating partner.; and(ii)by striking subparagraphs (A) and (B). (G)by striking paragraphs (11) and (12); (H)by striking paragraph (19) and inserting the following new paragraph: (19)

Legal assistance

(A)The term legal assistance means assistance provided by or under the direct supervision of a person described in subparagraph (B) to a person described in subparagraph (C) relating to a matter described in subparagraph (D).(B)A person described in this subparagraph is—(i)a licensed attorney;(ii)in the case of an immigration proceeding, a Board of Immigration Appeals accredited representative; or(iii)any person who functions as an attorney or lay advocate in a Tribal court; and (C)A person described in this subparagraph is an adult or youth victim of domestic violence, dating violence, sexual assault, or stalking.(D)A matter described in this subparagraph is a matter related to—(i)divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or order or other injunctive proceedings, related enforcement proceedings, and other similar matters;(ii)criminal justice investigations, prosecutions and post-conviction matters (including sentencing, parole, probation, and vacatur or expungement) that impact the victim's safety, privacy, or other interests as a victim; or(iii)alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement.For purposes of this paragraph, intake or referral, by itself, does not constitute legal assistance.; (I)by adding at the end the following new paragraphs:(46)

Abuse in later life

The term abuse in later life—(A)means—(i)neglect, abandonment, economic abuse, or willful harm of an adult over the age of 50 by an individuals in an ongoing relationship of trust with the victim; or(ii)domestic violence, dating violence, sexual assault, or stalking of an adult over the age of 50 by any individual; and(B)does not include self-neglect. (47)

Restorative practice

The term restorative practice means a process, whether court-referred or community-based, that—(A)involves, on a voluntary basis, and to the extent possible, those who have committed a specific offense and those who have been harmed as a result of the offense, as well as affected community;(B)has the goal of collectively seeking accountability from the accused, and developing a process whereby the accused will take responsibility for his or her actions, and a plan for providing relief to those harmed, through allocution, restitution, community service or other processes upon which the victim, the accused, the community, and the court (if court-referred) can agree;(C)is conducted in a framework that protects victim safety and supports victim autonomy; and(D)provides that information disclosed during such process may not be used for any other law enforcement purpose, including impeachment or prosecution, without the express permission of all participants. (48)

Digital services

The term digital services means services, resources, information, support or referrals provided through electronic communications platforms and media, whether via mobile device technology, video technology, or computer technology, including utilizing the internet, as well as any other emerging communications technologies that are appropriate for the purposes of providing services, resources, information, support, or referrals for the benefit of victims of domestic violence, dating violence, sexual assault, or stalking.(42)

Economic abuse

The term economic abuse, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to—(A)restrict a person’s access to money, assets, credit, or financial information;(B)unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or(C)exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.(49)

Internet enabled device

The term internet enabled device means devices that have a connection the Internet, send and receive information and data, and maybe accessed via mobile device technology, video technology, or computer technology, away from the location where the device is installed, and may include home automation systems, door locks, and thermostats.(50)

Technological abuse

The term technological abuse means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging platforms, apps, location tracking devices, communication technologies, or any other emerging technologies.(51)

Female genital mutilation

The terms female genital mutilation, female genital cutting, FGM/C, or female circumcision means the intentional removal or infibulation (or both) of either the whole or part of the external female genitalia for non-medical reasons. External female genitalia includes the pubis, labia minora, labia majora, clitoris, and urethral and vaginal openings.(52)

Elder abuse

The term elder abuse has the meaning given that term in section 2 of the Elder Abuse Prevention and Prosecution Act. The terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j).(53)

Forced marriage

The term forced marriage means a marriage to which one or both parties do not or cannot consent, and in which one or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking.(54)

Homeless

The term homeless has the meaning given such term in section 41403(6).; (2)in subsection (b)—(A)in the matter before paragraph (1), by inserting For the purpose of all grants authorized under this title:; (B)in paragraph (2), by inserting after subparagraph (G) the following:(H)

Death of the party whose privacy had been protected

In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, such requirement shall continue to apply, and the right to authorize release of any confidential or protected information be vested in the next of kin, except that consent for release of the deceased victim’s information may not be given by a person who had perpetrated abuse against the deceased victim.(I)

Use of technology

Grantees and subgrantees may use telephone, internet, and other technologies to protect the privacy, location and help-seeking activities of victims using services. Such technologies may include—(i)software, apps or hardware that block caller ID or conceal IP addresses, including instances in which victims use digital services; or(ii)technologies or protocols that inhibit or prevent a perpetrator’s attempts to use technology or social media to threaten, harass or harm the victim, the victim’s family, friends, neighbors or co-workers, or the program providing services to them.;(C)in paragraph (3), by inserting after designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking the following: , provided that the confidentiality and privacy requirements of this title are maintained, and that personally identifying information about adult, youth, and child victims of domestic violence, dating violence, sexual assault and stalking is not requested or included in any such collaboration or information-sharing;(D)in paragraph (6), by adding at the end the following: Such disbursing agencies must ensure that the confidentiality and privacy requirements of this title are maintained in making such reports, and that personally identifying information about adult, youth and child victims of domestic violence, dating violence, sexual assault and stalking is not requested or included in any such reports.;(E)in paragraph (8), by striking under this title and inserting under this title. In this title, including for the purpose of grants authorized under this title, the term violent crimes against women includes violent crimes against a person of any gender.; (F)in paragraph (11), by adding at the end the following: The Office on Violence Against Women shall make all technical assistance available as broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without regard to whether the entity has received funding from the Office on Violence Against Women for a particular program or project.;(G)in paragraph (13)—(i)in subparagraph (A), by inserting after the Violence Against Women Reauthorization Act of 2013 the following: (Public Law 113–4; 127 Stat. 54); and(ii)in subparagraph (C), by striking section 3789d of title 42, United States Code and inserting section 809 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10228);(H)in paragraph (14), by inserting after are also victims of the following: forced marriage, or;(I)by striking paragraph (15); and(J)in paragraph (16)—(i)by striking paragraph (A)(iii) and inserting the following new clause: (iii)

Technical assistance

A recipient of grant funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt, individualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the following 2 fiscal years. ; and(ii)in paragraph (C)(i)—(I)by striking $20,000 and inserting $100,000; and(II)by striking unless the Deputy Attorney General or and inserting unless the Director or Principal Deputy Director of the Office on Violence Against Women, the Deputy Attorney General, or.

3.

Agency and Department Coordination

The heads of Executive Departments responsible for carrying out this Act are authorized to coordinate and collaborate on the prevention of domestic violence, dating violence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the Government.

4.

Effective date

(a)

In general

Except as provided in subsection (b), this Act and the amendments made by this Act shall not take effect until October 1 of the first fiscal year beginning after the date of enactment of this Act.(b)

Effective on date of enactment

Sections 106, 107, 205, 304, 606, 702, 801, 802, 903, and 1406 and any amendments made by such sections shall take effect on the date of enactment of this Act.

5.

Availability of funds

Any funds appropriated pursuant to an authorization of appropriations under this Act or an amendment made by this Act shall remain available until expended.