[Congressional Record Volume 167, Number 50 (Wednesday, March 17, 2021)]
[House]
[Pages H1432-H1475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1130
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2021
Mr. NADLER. Madam Speaker, pursuant to House Resolution 233, I call
up the bill (H.R. 1620) to reauthorize the Violence Against Women Act
of 1994, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 233, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 117-3, modified by the amendment printed in part A of
House Report 117-12, is adopted, and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
H.R. 1620
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence
Against Women Act 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.
Sec. 6. Sense of Congress.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 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 VICTIMS
Sec. 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 for 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, victim-centered
training for law enforcement.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
Sec. 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 PRACTICES
Sec. 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 RESPONSE
Sec. 501. Grants to strengthen the healthcare systems response to
domestic violence, dating violence, sexual assault, and
stalking.
TITLE VI--SAFE HOMES FOR VICTIMS
Sec. 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 VICTIMS
Sec. 701. Findings.
Sec. 702. National Resource Center on workplace responses to assist
victims of domestic and sexual violence.
Sec. 703. Provisions related to Unemployment Compensation and the
Temporary Assistance for Needy Families Program.
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 INITIATIVES
Sec. 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 WOMEN
Sec. 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.
TITLE X--OFFICE ON VIOLENCE AGAINST WOMEN
Sec. 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 CUSTODY
Sec. 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 SAFETY
Sec. 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.
[[Page H1433]]
Sec. 1203. Special assistant U.S. attorneys and cross-deputized
attorneys.
TITLE XIII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
Sec. 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 MATTERS
Sec. 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 Assistant Attorney General on Culturally Specific
Communities within the Office of Justice Programs.
TITLE XV--CYBERCRIME ENFORCEMENT
Sec. 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 VIOLENCE
Sec. 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.
SEC. 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) in paragraph (39)--
(I) by inserting ``who cannot access, or'' before ``who
face barriers'';
(II) by striking ``and using victim services'' and
inserting ``, using, or receiving appropriate victim
services''; and
(III) by striking ``alienage'' and inserting
``immigration'';
(H) 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 aged 50 or older by an individual in an ongoing
relationship of trust with the victim; or
``(ii) domestic violence, dating violence, sexual assault,
or stalking of an adult aged 50 or older 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 the 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) includes protocols to address the use of information
disclosed during such process for other law enforcement
purposes.
``(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.
``(49) 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.
``(50) Internet enabled device.--The term `internet enabled
device' means devices that have a connection the Internet,
send and receive information and data, and may be 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.
``(51) 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
[[Page H1434]]
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 information 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.
``(52) Female genital mutilation.--The term `female genital
mutilation' has the meaning given such term in section 116 of
title 18, United States Code.
``(53) 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).
``(54) 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.
``(55) 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)--
(I) by inserting after ``the Violence Against Women
Reauthorization Act of 2013'' the following: ``(Public Law
113-4; 127 Stat. 54)''; and
(II) by striking ``the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2013, and any other program or
activity funded in whole or in part with funds appropriated
for grants, cooperative agreements, and other assistance
administered by the Office on Violence Against Women'' and
inserting ``the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162; 119
Stat. 3080), the Violence Against Women Reauthorization Act
of 2013, the Violence Against Women Act Reauthorization Act
of 2021, and any other program or activity funded in whole or
in part with funds appropriated for grants, cooperative
agreements, and other assistance administered by the Office
on Violence Against Women''; 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)
(i) by inserting after ``are also victims of'' the
following: ``forced marriage, or''; and
(ii) by inserting ``, and includes services and assistance
to adult survivors of child sexual assault'' before the
period at the end;
(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''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress--
(1) that sex trafficking victims experience sexual violence
and assault; and
(2) that Federal recognition of their recovery is
important.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 101. STOP GRANTS.
(a) In General.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et
seq.) is amended--
(1) in section 2001(b)--
(A) in paragraph (3), by inserting before the semicolon at
the end the following: ``including implementation of the non-
discrimination requirements in section 40002(b)(13) of the
Violence Against Women Act of 1994'';
(B) in paragraph (5), by inserting ``and legal assistance''
after ``improving delivery of victim services'';
(C) in paragraph (9)--
(i) by striking ``older and disabled women'' and inserting
``people 50 years of age or over, people with disabilities,
and Deaf people''; and
(ii) inserting ``legal assistance,'' after ``counseling,'';
and
(iii) by striking ``older and disabled individuals'' and
inserting ``people'';
(D) in paragraph (11), by inserting before the semicolon at
the end the following: ``, including rehabilitative work with
offenders, restorative practices, and similar initiatives'';
(E) in paragraph (19), by striking ``and'' at the end;
(F) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(G) by inserting after paragraph (20), the following:
``(21) developing and implementing laws, policies,
procedures, or training to ensure the lawful recovery and
storage of any dangerous weapon by the appropriate law
enforcement agency from an adjudicated perpetrator of any
offense of domestic violence, dating violence, sexual
assault, or stalking, and the return of such weapon when
appropriate, where any Federal, State, Tribal, or local court
has--
``(A)(i) issued protective or other restraining orders
against such a perpetrator; or
``(ii) found such a perpetrator to be guilty of misdemeanor
or felony crimes of domestic violence, dating violence,
sexual assault, or stalking; and
``(B) ordered the perpetrator to relinquish dangerous
weapons that the perpetrator possesses or has used in the
commission of at least one of the aforementioned crimes;
Policies, procedures, protocols, laws, regulations, or
training under this section shall include the safest means of
recovery of, and best practices for storage of, relinquished
and recovered dangerous weapons and their return, when
applicable, at such time as the individual is no longer
prohibited from possessing such weapons under Federal, State,
or Tribal law, or posted local ordinances;
``(22) developing, enlarging, or strengthening culturally
specific victim services programs to provide culturally
specific victim services regarding, responses to, and
prevention of female genital mutilation; and
``(23) providing victim advocates in State or local law
enforcement agencies, prosecutors' offices, and courts and
providing supportive services and advocacy to urban American
Indian and Alaska Native victims of domestic violence, dating
violence, sexual assault, and stalking.'';
(2) in section 2007--
(A) in subsection (d)--
(i) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively; and
(ii) by inserting after paragraph (4) the following:
``(5) proof of compliance with the requirements regarding
training for victim-centered prosecution, described in
section 2017;
[[Page H1435]]
``(6) proof of compliance with the requirements regarding
civil rights under section 40002(b)(13) of the Violent Crime
Control and Law Enforcement Act of 1994;'';
(B) in subsection (i)--
(i) in paragraph (1), by inserting before the semicolon at
the end the following: ``and the requirements under section
40002(b) of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12291(b))''; and
(ii) in paragraph (2)(C)(iv), by inserting after
``ethnicity,'' the following: ``sexual orientation, gender
identity,''; and
(C) by adding at the end the following:
``(k) Reviews for Compliance With Nondiscrimination
Requirements.--
``(1) In general.--If allegations of discrimination in
violation of section 40002(b)(13)(A) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)) by a potential
grantee under this part have been made to the Attorney
General, the Attorney General shall, prior to awarding a
grant under this part to such potential grantee, conduct a
review and take steps to ensure the compliance of the
potential grantee with such section.
``(2) Establishment of rule.--Not later than 1 year after
the date of enactment of the Violence Against Women Act
Reauthorization Act of 2021, the Attorney General shall by
rule establish procedures for such a review.
``(3) Biennial report.--Beginning on the date that is 1
year after the date of enactment of the Violence Against
Women Act Reauthorization Act of 2021, and once every 2 years
thereafter, the Attorney General shall report to the
Committees on the Judiciary of the Senate and of the House of
Representatives regarding compliance with section
40002(b)(13)(A) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(b)(13)(A)) by recipients of grants under this
part, including a report on the number of complaints filed
and the resolution of those complaints.''; and
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM
TESTIMONY.
``In order for a prosecutor's office to be eligible to
receive funds under this part, the head of the office shall
certify to the State, Indian Tribal government, or
territorial government receiving a grant under this part, and
from which the office will receive funds, that the office
implemented and trained its personnel regarding victim-
centered approaches in domestic violence, sexual assault,
dating violence, and stalking cases, including policies
addressing the use of bench warrants, body attachments, and
material witness warrants for victims who fail to appear. The
training shall be developed by experts in the fields of
domestic violence, sexual assault, dating violence, stalking,
and prosecution.''.
(b) Authorization of Appropriations.--Section 1001(a)(18)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10261(a)(18)) is amended by striking ``2014 through
2018'' and inserting ``2022 through 2026''.
SEC. 102. GRANTS TO ENCOURAGE IMPROVEMENTS AND ALTERNATIVES
TO THE CRIMINAL JUSTICE RESPONSE.
(a) Heading.--Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et
seq.) is amended in the heading, by striking ``grants to
encourage arrest policies'' and inserting ``grants to
encourage improvements and alternatives to the criminal
justice response''.
(b) Grants.--Section 2101 of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10461) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purpose.--The purpose of this part is to assist
States, Indian Tribal governments, State and local courts
(including juvenile courts), Tribal courts, and units of
local government to improve the criminal justice response to
domestic violence, dating violence, sexual assault, and
stalking, and to seek safety and autonomy for victims.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``proarrest'' and
inserting ``offender accountability and homicide reduction'';
(B) in paragraph (5), by striking ``legal advocacy service
programs'' and inserting ``legal advocacy and legal
assistance programs'';
(C) in paragraph (7), strike ``and tribal jurisdictions''
and insert ``tribal jurisdictions, coalitions, and victim
service providers'';
(D) in paragraph (8)--
(i) by striking ``older individuals (as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002))''
and inserting ``people 50 years of age or over''; and
(ii) by striking ``individuals with disabilities (as
defined in section 3(2) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(2)))'' and inserting ``people
with disabilities (as defined in the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)) and Deaf
people'';
(E) in paragraph (19), by inserting before the period at
the end the following ``, including victims among underserved
populations (as defined in section 40002(a) of the Violence
Against Women Act of 1994)''; and
(F) by adding at the end the following:
``(25) To develop and implement restorative practices.
``(26) To develop and implement laws, policies, procedures,
and training--
``(A) for the purpose of homicide prevention, preventing
lethal assaults, and responding to threats of lethal assaults
through effective enforcement of court orders prohibiting
possession of and mandating the recovery of firearms from
adjudicated domestic violence, dating violence, sexual
assault or stalking offenders; and
``(B) to address victim safety, safe storage of contraband
during the pendency of the court order and, where
appropriate, safe return of such contraband at the conclusion
of the court order.
``(27) To develop and implement alternative methods of
reducing crime in communities, to supplant punitive programs
or policies. For purposes of this paragraph, a punitive
program or policy is a program or policy that--
``(A) imposes a penalty on a victim of domestic violence,
dating violence, sexual assault, or stalking, on the basis of
a request by the victim for law enforcement or emergency
assistance; or
``(B) imposes a penalty on such a victim because of
criminal activity at the property in which the victim
resides.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``encourage or mandate
arrests of domestic violence offenders'' and inserting
``encourage arrests of offenders''; and
(ii) in clause (ii), by striking ``encourage or mandate
arrest of domestic violence offenders'' and inserting
``encourage arrest of offenders''; and
(B) by inserting after subparagraph (E) the following:
``(F) certify that, not later than 2 years after the date
of its first award received under this subchapter after
enactment of this subparagraph, the grantee has implemented
and trained on victim-centered approaches to prosecution in
domestic violence, sexual assault, dating violence, and
stalking cases, including policies addressing the use of
bench warrants, body attachments, and material witness
warrants for victims who fail to appear, which have been
developed by experts in the fields of domestic violence,
sexual assault, dating violence, stalking, and prosecution;
and''; and
(4) insert after subsection (g) the following:
``(h) Allocation for Culturally Specific Services.--Of the
amounts appropriated for purposes of this part for each
fiscal year, not less than 5 percent shall be available for
grants to culturally specific victim service providers.''.
(c) Authorization of Appropriations.--Section 1001(a)(19)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10261(a)(19)) is amended by striking ``2014 through
2018'' and inserting ``2022 through 2026''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--Section 1201 of division B of the Victims
of Trafficking and Violence Protection Act of 2000 (34 U.S.C.
20121) is amended--
(1) in subsection (a), by inserting after ``no cost to the
victims.'' the following: ``When legal assistance to a
dependent is necessary for the safety of a victim, such
assistance may be provided.'';
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) any person providing legal assistance through a
program funded under this section--
``(A)(i) is a licensed attorney or is working under the
direct supervision of a licensed attorney;
``(ii) in immigration proceedings, is a Board of
Immigration Appeals accredited representative; or
``(iii) is any person who functions as an attorney or lay
advocate in tribal court; and
``(B)(i) has demonstrated expertise in providing legal
assistance to victims of domestic violence, dating violence,
sexual assault, or stalking in the targeted population; or
``(ii)(I) is partnered with an entity or person that has
demonstrated expertise described in clause (i); and
``(II) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;'';
(B) in paragraph (2), strike ``or local'' and insert the
following: ``local, or culturally specific'';
(C) in paragraph (4), after ``dating violence,'' insert
``stalking,''; and
(3) in subsection (f)(1)--
(A) by striking ``$57,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2022
through 2026''.
(b) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the return on
investment for legal assistance grants awarded pursuant to
section 1201 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20121), including
an accounting of the amount saved, if any, on housing,
medical, or employment social welfare programs.
SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (34 U.S.C. 12464) is
amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by striking ``educate'' and inserting ``(a) educate'';
(ii) by inserting ``and'' after the semicolon at the end;
and
(iii) by adding at the end the following:
``(B) establish community-based initiatives within the
court system (such as court watch programs, victim
assistants, pro se victim assistance programs, or community-
based supplementary services);''.
(B) in paragraph (7), by striking ``and'' at the end;
(C) in paragraph (8)--
(i) by striking ``to improve'' and inserting ``improve'';
and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by inserting after paragraph (8) the following:
[[Page H1436]]
``(9) develop and implement restorative practices (as such
term is defined in section 40002(a) of the Violence Against
Women Act of 1994).''; and
(2) in subsection (e), by striking ``2014 through 2018''
and inserting ``2022 through 2026''.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANTS.
Section 120 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20123) is
amended--
(1) in subsection (a), by adding at the end the following:
``(3) Purpose.--The purpose of this grant program is to
ensure that all underserved populations (as such term is
defined in section 40002 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12291(a)) are given non-
exclusionary consideration in each grant cycle. Periodic
priority may be placed on certain underserved populations and
forms of violence to meet identified needs and must be
accompanied by a non-priority option.'';
(2) in subsection (d)--
(A) in paragraph (4)--
(i) by striking ``effectiveness'' and inserting
``response'';
(ii) by inserting ``population-specific'' before
``training'';
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) developing, enlarging, or strengthening culturally
specific programs and projects to provide culturally specific
services regarding, responses to, and prevention of female
genital mutilation; or
``(7) strengthening the response of social and human
services by providing population-specific training for
service providers on domestic violence, dating violence,
sexual assault, or stalking in underserved populations.'';
and
(3) in subsection (g)--
(A) by striking ``$2,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2022
through 2026''.
SEC. 106. CRIMINAL PROVISIONS.
Section 2265 of title 18, United States Code, is amended--
(1) in subsection (d)(3)--
(A) by striking ``restraining order or injunction,''; and
(B) by adding at the end the following: ``The prohibition
under this paragraph applies to all protection orders for the
protection of a person residing within a State, territorial,
or Tribal jurisdiction, whether or not the protection order
was issued by that State, territory, or Tribe.''; and
(2) in subsection (e), by adding at the end the following:
``This applies to all Alaska Tribes without respect to
`Indian country' or the population of the Native village
associated with the Tribe.''.
SEC. 107. RAPE SURVIVOR CHILD CUSTODY.
Section 409 of the Justice for Victims of Trafficking Act
of 2015 (34 U.S.C. 21308) is amended by striking ``2015
through 2019'' and inserting ``2022 through 2026''.
SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20124) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``shall take 5 percent of
such appropriated amounts'' and inserting ``shall take 10
percent of such appropriated amounts for the program under
subsection (a)(2)(A) and 5 percent of such appropriated
amounts for the programs under subsection (a)(2)(B) through
(E)''; and
(B) by adding at the end the following:
``(3) Additional authorization of appropriations.--In
addition to the amounts made available under paragraph (1),
there are authorized to be appropriated to carry out this
section $40,000,000 for each of fiscal years 2022 through
2026.
``(4) Distribution.--Of the total amount available for
grants under this section, not less than 40 percent of such
funds shall be allocated for programs or projects that
meaningfully address non-intimate partner relationship sexual
assault.'';
(2) in subsection (b)(3), by adding at the end the
following: ``At least one such organization shall have
demonstrated expertise primarily in domestic violence
services, and at least one such organization shall have
demonstrated expertise primarily in non-intimate partner
sexual assault services.''; and
(3) by striking subsection (e).
SEC. 109. GRANTS FOR LETHALITY ASSESSMENT PROGRAMS.
(a) In General.--The Attorney General may make grants to
States, units of local government, Indian Tribes, domestic
violence victim service providers, and State or Tribal
Domestic Violence Coalitions for technical assistance and
training in the operation or establishment of a lethality
assessment program.
(b) Definition.--In this section, the term ``lethality
assessment program'' means a program that--
(1) rapidly connects a victim of domestic violence to local
community-based victim service providers;
(2) helps first responders and others in the justice
system, including courts, law enforcement agencies, and
prosecutors of Tribal government and units of local
government, identify and respond to possibly lethal
circumstances; and
(3) identifies victims of domestic violence who are at high
risk of being seriously injured or killed by an intimate
partner.
(c) Qualifications.--To be eligible for a grant under this
section, an applicant shall demonstrate experience in
developing, implementing, evaluating, and disseminating a
lethality assessment program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 to carry out this section for
each of fiscal years 2022 through 2026.
(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291).
TITLE II--IMPROVING SERVICES FOR VICTIMS
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511) is amended--
(1) in subsection (f)(1), by striking ``2014 through 2018''
and inserting ``2022 through 2026''.
SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601(f)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511(f)(1)) is amended by
striking ``$40,000,000 to remain available until expended for
each of fiscal years 2014 through 2018'' and inserting
``$60,000,000 to remain available until expended for each of
fiscal years 2022 through 2026''.
SEC. 203. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE PROGRAM.
Section 40295 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12341) is amended--
(1) in subsection (a)(3), by striking ``women'' and
inserting ``adults, youth,''; and
(2) in subsection (e)(1), by striking ``2014 through 2018''
and inserting ``2022 through 2026''.
SEC. 204. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST PEOPLE WITH DISABILITIES AND DEAF
PEOPLE.
Section 1402 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (34 U.S.C. 20122) is
amended--
(1) in the heading--
(A) by striking ``women'' and inserting ``people''; and
(B) by inserting after ``disabilities'' the following:
``and deaf people'';
(2) in subsection (a)--
(A) by striking ``individuals'' each place it appears and
inserting ``people''; and
(B) by inserting after ``with disabilities (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102))'' the following: ``and Deaf people''.
(3) in subsection (b)--
(A) by striking ``disabled individuals'' each place it
appears and inserting ``people with disabilities and Deaf
people'';
(B) in paragraph (3), by inserting after ``law
enforcement'' the following: ``and other first responders'';
and
(C) in paragraph (8), by striking ``providing advocacy and
intervention services within'' and inserting ``to enhance the
capacity of'';
(4) in subsection (c), by striking ``disabled individuals''
and inserting ``people with disabilities and Deaf people'';
and
(5) in subsection (e), by striking ``2014 through 2018''
and inserting ``2022 through 2026''.
SEC. 205. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Section 40801 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12421)--
(1) in the heading, by striking ``enhanced training'' and
inserting ``training'';
(2) by striking subsection ``(a) Definitions.--In this
section--'' and all that follows through paragraph (1) of
subsection (b) and inserting the following: ``The Attorney
General shall make grants to eligible entities in accordance
with the following:'';
(3) by redesignating paragraphs (2) through (5) of
subsection (b) as paragraphs (1) through (4);
(4) in paragraph (1) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``, including domestic violence, dating
violence, sexual assault, stalking, exploitation, and
neglect'' each place it appears;
(B) in subparagraph (A)--
(i) in clause (i), by striking ``elder abuse'' and
inserting the following: ``abuse in later life''; and
(ii) in clause (iv), by striking ``advocates, victim
service providers, and courts to better serve victims of
abuse in later life'' and inserting ``leaders, victim
advocates, victim service providers, courts, and first
responders to better serve older victims'';
(C) in subparagraph (B)(i), by striking ``or other
community-based organizations in recognizing and addressing
instances of abuse in later life'' and inserting ``community-
based organizations, or other professionals who may identify
or respond to abuse in later life''; and
(D) in subparagraph (D), by striking ``subparagraph
(B)(ii)'' and inserting ``paragraph (2)(B)'';
(5) in paragraph (2) (as redesignated by paragraph (3))--
(A) in subparagraph (A)--
(i) in clause (iv). by striking ``with demonstrated
experience in assisting individuals over 50 years of age or
older''; and
(ii) in clause (v), by striking ``with demonstrated
experience in addressing domestic violence, dating violence,
sexual assault, and stalking''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking ``at a
minimum'' and inserting ``at least two of'';
(ii) in clause (iii), by striking ``and'' at the end, and
inserting ``or''; and
[[Page H1437]]
(iii) in clause (iv), by striking ``in later life;'' and
inserting ``50 years of age or over.''; and
(6) in paragraph (4) (as redesignated by paragraph (3)), by
striking ``2014 through 2018'' and inserting ``2022 through
2026''.
SEC. 206. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED, VICTIM-
CENTERED TRAINING FOR LAW ENFORCEMENT.
Title IV of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 10101 note) is amended by adding at
the end the following:
``Subtitle Q--Trauma-informed, Victim-centered Training for Law
Enforcement
``SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED,
VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT.
``(a) Definitions.--In this section--
``(1) the term `Attorney General' means the Attorney
General, acting through the Director of the Office on
Violence Against Women;
``(2) the term `covered individual' means an individual who
interfaces with victims of domestic violence, dating
violence, sexual assault, and stalking, including--
``(A) an individual working for or on behalf of an eligible
entity;
``(B) a school or university administrator or personnel
(including a campus police officer or a school resource
officer); and
``(C) an emergency services or medical employee;
``(3) the term `demonstration site', with respect to an
eligible entity that receives a grant under this section,
means--
``(A) if the eligible entity is a law enforcement agency
described in paragraph (4)(A), the area over which the
eligible entity has jurisdiction; and
``(B) if the eligible entity is an organization or agency
described in paragraph (4)(B), the area over which a law
enforcement agency described in paragraph (4)(A) that is
working in collaboration with the eligible entity has
jurisdiction; and
``(4) the term `eligible entity' means--
``(A) a State, local, territorial, or Tribal law
enforcement agency; or
``(B) a national, regional, or local victim services
organization or agency working in collaboration with a law
enforcement agency described in subparagraph (A).
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall award grants
on a competitive basis to eligible entities to carry out the
demonstration program under this section by implementing
evidence-based or promising policies and practices to
incorporate trauma-informed, victim-centered techniques
designed to--
``(A) prevent re-traumatization of the victim;
``(B) ensure that covered individuals use evidence-based
practices to respond to and investigate cases of domestic
violence, dating violence, sexual assault, and stalking;
``(C) improve communication between victims and law
enforcement officers in an effort to increase the likelihood
of the successful investigation and prosecution of the
reported crime in a manner that protects the victim to the
greatest extent possible;
``(D) increase collaboration among stakeholders who are
part of the coordinated community response to domestic
violence, dating violence, sexual assault, and stalking; and
``(E) evaluate the effectiveness of the training process
and content by measuring--
``(i) investigative and prosecutorial practices and
outcomes; and
``(ii) the well-being of victims and their satisfaction
with the criminal justice process.
``(2) Term.--The Attorney General shall make grants under
this section for each of the first 2 fiscal years beginning
after the date of enactment of this Act.
``(3) Award basis.--The Attorney General shall award grants
under this section to multiple eligible entities for use in a
variety of settings and communities, including--
``(A) urban, suburban, Tribal, remote, and rural areas;
``(B) college campuses; or
``(C) traditionally underserved communities.
``(c) Use of Funds.--An eligible entity that receives a
grant under this section shall use the grant to--
``(1) train covered individuals within the demonstration
site of the eligible entity to use evidence-based, trauma-
informed, and victim-centered techniques and knowledge of
crime victims' rights throughout an investigation into
domestic violence, dating violence, sexual assault, or
stalking, including by--
``(A) conducting victim interviews in a manner that--
``(i) elicits valuable information about the domestic
violence, dating violence, sexual assault, or stalking; and
``(ii) avoids re-traumatization of the victim;
``(B) conducting field investigations that mirror best and
promising practices available at the time of the
investigation;
``(C) customizing investigative approaches to ensure a
culturally and linguistically appropriate approach to the
community being served;
``(D) becoming proficient in understanding and responding
to complex cases, including cases of domestic violence,
dating violence, sexual assault, or stalking--
``(i) facilitated by alcohol or drugs;
``(ii) involving strangulation;
``(iii) committed by a non-stranger;
``(iv) committed by an individual of the same sex as the
victim;
``(v) involving a victim with a disability;
``(vi) involving a male victim; or
``(vii) involving a lesbian, gay, bisexual, or transgender
(commonly referred to as `LGBT') victim;
``(E) developing collaborative relationships between--
``(i) law enforcement officers and other members of the
response team; and
``(ii) the community being served; and
``(F) developing an understanding of how to define,
identify, and correctly classify a report of domestic
violence, dating violence, sexual assault, or stalking; and
``(2) promote the efforts of the eligible entity to improve
the response of covered individuals to domestic violence,
dating violence, sexual assault, and stalking through various
communication channels, such as the website of the eligible
entity, social media, print materials, and community
meetings, in order to ensure that all covered individuals
within the demonstration site of the eligible entity are
aware of those efforts and included in trainings, to the
extent practicable.
``(d) Demonstration Program Trainings on Trauma-informed,
Victim-centered Approaches.--
``(1) Identification of existing trainings.--
``(A) In general.--The Attorney General shall identify
trainings for law enforcement officers, in existence as of
the date on which the Attorney General begins to solicit
applications for grants under this section, that--
``(i) employ a trauma-informed, victim-centered approach to
domestic violence, dating violence, sexual assault, and
stalking; and
``(ii) focus on the fundamentals of--
``(I) trauma responses; and
``(II) the impact of trauma on victims of domestic
violence, dating violence, sexual assault, and stalking.
``(B) Selection.--An eligible entity that receives a grant
under this section shall select one or more of the approaches
employed by a training identified under subparagraph (A) to
test within the demonstration site of the eligible entity.
``(2) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Director of the
Office for Victims of Crime in order to seek input from and
cultivate consensus among outside practitioners and other
stakeholders through facilitated discussions and focus groups
on best practices in the field of trauma-informed, victim-
centered care for victims of domestic violence, dating
violence, sexual assault, and stalking.
``(e) Evaluation.--The Attorney General, in consultation
with the Director of the National Institute of Justice, shall
require each eligible entity that receives a grant under this
section to identify a research partner, preferably a local
research partner, to--
``(1) design a system for generating and collecting the
appropriate data to facilitate an independent process or
impact evaluation of the use of the grant funds;
``(2) periodically conduct an evaluation described in
paragraph (1); and
``(3) periodically make publicly available, during the
grant period--
``(A) preliminary results of the evaluations conducted
under paragraph (2); and
``(B) recommendations for improving the use of the grant
funds.
``(f) Authorization of Appropriations.--The Attorney
General shall carry out this section using amounts otherwise
available to the Attorney General.
``(g) Rule of Construction.--Nothing in this section shall
be construed to interfere with the due process rights of any
individual.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C.
280b-1b) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following ``or digital services (as such term is
defined in section 40002(a) of the Violence Against Women Act
of 1994)'';
(B) in paragraph (3), by striking ``professionals'' and
inserting ``professionals, including school-based
professionals, to identify and refer students who may have
experienced or are at risk of experiencing sexual violence'';
and
(C) in paragraph (7), by striking ``sexual assault'' and
inserting ``sexual violence, sexual assault, and sexual
harassment'';
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal'';
(3) by redesignating subsection (c) through (d) as
subsections (d) through (e), respectively;
(4) by inserting the following new subsection:
``(c) Meaningful Involvement of State Sexual Assault
Coalitions, Culturally Specific Organizations, and
Underserved Communities.--In granting funds to States, the
Secretary shall set forth procedures designed to ensure
meaningful involvement of the State or territorial sexual
assault coalitions, culturally specific organizations, and
representatives from underserved communities in the
application for and implementation of funding.''.
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) in paragraph (1), by striking ``$50,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$110,000,000
for each of fiscal years 2022 through 2026'';
(B) in paragraph (3), by adding at the end the following:
``Not less than 80 percent of the total amount made available
under this subsection in each fiscal year shall be awarded in
accordance with this paragraph.''; and
(C) by adding at the end the following:
``(4) State, territorial, and tribal sexual assault
coalition allotment.--Of the total amount made available
under this subsection in each fiscal year, not less than 15
percent shall be available to state, territorial, and tribal
sexual assault coalitions for the purposes of coordinating
and providing prevention activities, providing assistance to
prevention programs, and
[[Page H1438]]
collaborating and coordinating with Federal, State, Tribal,
and local entities engaged in sexual violence prevention.
From amounts appropriated for grants under this subsection
for each fiscal year, not less than 10 percent of funds shall
be available for grants to tribal sexual assault coalitions,
and the remaining funds shall be available for grants to
State and territorial coalitions, and the Attorney General
shall allocate an amount equal to \1/56\ of the amounts so
appropriated to each of those State and territorial
coalitions. Receipt of an award under this subsection by each
sexual assault coalition shall not preclude the coalition
from receiving additional grants or administering funds to
carry out the purposes described in subsection (a).''.
(6) by adding at the end the following:
``(f) Report.--Not later than 1 year after the date of the
enactment of the Violence Against Women Act Reauthorization
Act of 2021, the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall submit
to Congress, the Committee on Appropriations and the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the activities funded by grants awarded
under this section and best practices relating to rape
prevention and education.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.
Section 41201 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12451) is amended--
(1) in subsection (a)--
(A) by striking ``stalking, or sex trafficking'' and
inserting ``or stalking''; and
(B) by adding at the end the following: ``Grants awarded
under this section may be used to address sex trafficking or
bullying as part of a comprehensive program focused primarily
on domestic violence, dating violence, sexual assault, or
stalking.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``target youth who are victims of domestic
violence, dating violence, sexual assault, stalking, and sex
trafficking'' and inserting ``target youth, including youth
in underserved populations who are victims of domestic
violence, dating violence, sexual assault, stalking, and sex
trafficking''; and
(II) by striking ``specific services'' and inserting
``specific services, restorative practices'';
(ii) in subparagraph (B), by striking ``or'' at the end;
(iii) in subparagraph (C), by striking the period at the
end and inserting a semicolon; and
(iv) by inserting after subparagraph (C) the following:
``(D) clarify State or local mandatory reporting policies
and practices regarding peer-on-peer dating violence, sexual
assault, stalking, and sex trafficking; or
``(E) develop, enlarge, or strengthen culturally specific
victim services and response related to, and prevention of,
female genital mutilation.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``stalking, or sex
trafficking'' and inserting ``stalking, sex trafficking, or
female genital mutilation'';
(ii) in subparagraph (B), by striking the semicolon and
inserting the following ``, and restorative practices;'';
(iii) in subparagraph (C), by inserting ``confidential''
before ``support services''; and
(iv) in subparagraph (E), by inserting after ``programming
for youth'' the following: ``, including youth in underserved
populations,'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``stalking, or sex
trafficking'' and inserting ``or stalking''; and
(B) in paragraph (2)(A), by striking ``paragraph (1)'' and
inserting ``subparagraph (A) or (B) of paragraph (1)'';
(4) in subsection (d)(3), by striking ``stalking, and sex
trafficking'' and inserting ``and stalking, including
training on working with youth in underserved populations
(and, where intervention or programming will include a focus
on female genital mutilation, or on sex trafficking,
sufficient training on those topics)''; and
(5) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting
``$25,000,000 for each of fiscal years 2022 through 2026''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) In General.--Section 304 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (34
U.S.C. 20125) is amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) To develop, strengthen, and implement campus
policies, protocols, and services that more effectively
identify and respond to the crimes of domestic violence,
dating violence, sexual assault and stalking, including the
use of technology to commit these crimes, and to train campus
administrators, campus security personnel, and all
participants in the resolution process, including personnel
from the Title IX coordinator's office, student conduct
office, and campus disciplinary or judicial boards on such
policies, protocols, and services.'';
(B) by amending paragraph (3) to read as follows:
``(3) To provide prevention and education programming about
domestic violence, dating violence, sexual assault, and
stalking, including technological abuse and reproductive and
sexual coercion, that is age-appropriate, culturally
relevant, ongoing, delivered in multiple venues on campus,
accessible, promotes respectful nonviolent behavior as a
social norm, and engages men and boys. Such programming
should be developed in partnership or collaboratively with
experts in intimate partner and sexual violence prevention
and intervention.'';
(C) in paragraph (4), by inserting after ``improve delivery
of'' the following: ``primary prevention training and'';
(D) in paragraph (9), by striking ``and provide'' and
inserting ``, provide, and disseminate'';
(E) in paragraph (10), by inserting after ``or adapt'' the
following ``and disseminate''; and
(F) by inserting after paragraph (10) the following:
``(11) To train campus health centers and appropriate
campus faculty, such as academic advisors or professionals
who deal with students on a daily basis, on how to recognize
and respond to domestic violence, dating violence, sexual
assault, and stalking, including training health providers on
how to provide universal education to all members of the
campus community on the impacts of violence on health and
unhealthy relationships and how providers can support ongoing
outreach efforts.
``(12) To train campus personnel in how to use a victim-
centered, trauma-informed interview technique, which means
asking questions of a student or a campus employee who is
reported to be a victim of sexual harassment, sexual assault,
domestic violence, dating violence, or stalking, in a manner
that is focused on the experience of the reported victim,
that does not judge or blame the reported victim for the
alleged crime, and that is informed by evidence-based
research on trauma response. To the extent practicable,
campus personnel shall allow the reported victim to
participate in a recorded interview and to receive a copy of
the recorded interview.
``(13) To develop and implement restorative practices (as
such term is defined in section 40002(a) of the Violence
Against Women Act of 1994).'';
(2) in subsection (c)(3), by striking ``2014 through 2018''
and inserting ``2022 through 2026'';
(3) in subsection (d)--
(A) in paragraph (3)(B), by striking ``for all incoming
students'' and inserting ``for all students'';
(B) by amending paragraph (3)(D) to read as follows:
``(D) The grantee shall train all participants in the
resolution process, including the Title IX coordinator's
office and student conduct office, to respond effectively to
situations involving domestic violence, dating violence,
sexual assault, or stalking.''; and
(C) in paragraph (4)(C), by inserting after ``sex,'' the
following: ``sexual orientation, gender identity,''; and
(4) in subsection (e), by striking ``$12,000,000 for each
of fiscal years 2014 through 2018'' and inserting
``$16,000,000 for each of fiscal years 2022 through 2026''.
(b) Report on Best Practices Regarding Domestic Violence,
Dating Violence, Sexual Assault, and Stalking on Campuses.--
Not later than 1 year after the date of enactment of this
Act, the Secretary of Education shall submit to Congress a
report, which includes--
(1) an evaluation of programs, events, and educational
materials related to domestic violence, dating violence,
sexual assault, and stalking; and
(2) an assessment of best practices and guidance from the
evaluation described in paragraph (1), which shall be made
publicly available online to universities and college
campuses to use as a resource.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Section 402 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4) is
amended--
(1) in subsection (b), by striking ``violence against
women'' and inserting ``violence against adults, youth,'';
and
(2) in subsection (c), by striking ``2014 through 2018''
and inserting ``2022 through 2026''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES (SMART) THROUGH
PREVENTION GRANTS.
Section 41303 of the Violence Against Women Act of 1994 (34
U.S.C. 12463) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) strategies within each of these areas addressing the
unmet needs of underserved populations.'';
(2) in subsection (b)(2)(B), by inserting ``culturally
specific,'' after ``after-school,'';
(3) in subsection (d)(3)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) include a focus on the unmet needs of underserved
populations.'';
(4) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting
``$45,000,000 for each of fiscal years 2022 through 2026'';
and
(5) in subsection (g), by adding at the end the following:
``(3) Remaining amounts.--Any amounts not made available
under paragraphs (1) and (2) may be used for any set of
purposes described in paragraphs (1), (2), or (3) of
subsection (b), or for a project that fulfills two or more of
such sets of purposes.''.
[[Page H1439]]
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE
SEC. 501. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEMS
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
Section 399P of the Public Health Service Act (42 U.S.C.
280g-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``community health
workers, violence prevention advocates working with health
providers,'' after ``health staff,'';
(B) in paragraph (2)--
(i) by inserting ``(including midwives and doulas)'' after
``residents''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``response'' after ``improve the'' and
inserting ``capacity'';
(ii) by inserting ``prevent and respond to'' after
``(including behavioral and mental health programs) to''; and
(iii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(4) the development or enhancement and implementation of
training programs to improve the capacity of early childhood
programs to address domestic violence, dating violence,
sexual assault, and stalking among families they serve; and
``(5) the development or enhancement and implementation of
comprehensive statewide strategies for health and violence
prevention programs to work together to promote primary
prevention onf domestic violence, dating violence, sexual
assault, and stalking.'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i)--
(i) by inserting ``provide universal education on healthy
relationships'' after ``providers to'';
(ii) by striking ``identify'';
(iii) by inserting ``trauma-informed'' after ``and
provide''; and
(iv) by striking ``and'' at the end;
(B) in subparagraph (A)(ii)--
(i) by inserting ``, including labor and sex trafficking''
after ``other forms of violence and abuse'';
(ii) by striking ``culturally competent clinical'' after
``plan and develop'';
(iii) by inserting after ``training components'' the
following; ``that center the experiences of and are developed
in collaboration with Black and Indigenous people and People
of Color, and include community-defined practices such as the
use of doulas, midwives, and traditional healers,''; and
(iv) by striking ``disparities'' and inserting
``inequities'';
(C) in subparagraph (A), by inserting after clause (ii) the
following:
``(iii) are designed to be inclusive of the experiences of
all individuals including LGBTQ+ individuals and include
training on equity and anti-racism approaches to health
services delivery; disparities in access to health-care
services and prevention resources; and current and historic
systemic racism in health care services; and
``(iv) include training on the use of universal prevention
education approach to both prevent and respond to domestic
violence, dating violence, sexual assault, or stalking in
health care settings;'';
(D) in subparagraph (B), in the matter preceding clause
(i)--
(i) by striking ``response'' after ``improve the'' and
inserting ``capacity''; and
(ii) by inserting ``prevent and respond to'' after ``system
to'';
(E) in subparagraph (B)(i)--
(i) by inserting ``and promoting prevention of' ''' after
``responding to'';
(ii) by inserting ``during in person or virtual visits
and'' after ``and stalking''; and
(iii) by inserting after ``follow-up care'' the following:
`` and to maximize victim choice on the use and sharing of
their health information'';
(F) in subparagraph (B)(ii)--
(i) by striking ``on-site access to''; and
(ii) by striking ``patients by increasing'' and all that
follows through the semicolon and inserting the following:
``patients by--
``(I) increasing the capacity of existing health care
professionals, including professionals who specialize in
trauma and in behavioral and mental health care (including
substance abuse disorder), community health workers, and
public health staff to address domestic violence, dating
violence, sexual assault, stalking, and children exposed to
violence;
``(II) contracting with or hiring advocates for victims of
domestic violence or sexual assault to provide such services;
or
``(III) providing funding to State domestic and sexual
violence coalitions to improve the capacity of such
coalitions to coordinate and support health advocates and
other health system partnerships;'';
(G) in subparagraph (B)(iii)--
(i) by striking ``identification'' after ``practice of''
and inserting ``prevention'';
(ii) by inserting ``during in person or virtual visits,''
after ``and stalking''; and
(iii) by striking ``and'' at the end;
(H) in subparagraph (B)(iv)--
(i) by inserting ``and promote prevention during in person
or virtual visits,'' after ``or stalking,''; and
(ii) by striking the period at the end;
(I) in subparagraph (B), by adding at the end the
following:
``(v) the development, implementation, dissemination, and
evaluation of best practices, tools, and training materials,
including culturally relevant tools, for behavioral health
professionals to identify and respond to domestic violence,
sexual violence, stalking, and dating violence; and
``(vi) the development and provision of culturally relevant
training and follow-up technical assistance to health care
professionals, and public health staff, and allied health
professionals to identify, assess, treat, and refer clients
who are victims of domestic violence, dating violence, sexual
assault, or stalking from culturally specific communities and
promote prevention, using tools and training materials,
developed by and for culturally specific communities, with
priority given to trainings provided by culturally specific
organizations; and''; and
(J) by inserting after subparagraph (B) the following:
``(C) design and implement comprehensive strategies to
prevent domestic or sexual violence including through the use
of universal education in clinical and public health
settings, hospitals, clinics and other health settings.''.
(3) in subsection (b)(2)(A)--
(A) in the heading, by striking ``Child and elder abuse''
and inserting the following: ``Child abuse and abuse in later
life''; and
(B) by striking ``child or elder abuse'' and inserting the
following: ``child abuse or abuse in later life'';
(4) in subsection (b)(2)(C)(i), by striking ``elder abuse''
and inserting ``abuse in later life'';
(5) in subsection (b)(2)(C)(ii), by inserting ``programs
that promote the prevention of sexual assault as well as''
after ``implementation of'';
(6) in subsection (b)(2)(C)(iii)--
(A) by inserting ``and exposure to violence against
generations'' after ``abuse''; and
(B) by striking ``or'' at the end;
(7) in subsection (b)(2)(C)(iv)--
(A) by inserting ``mental health,'' after ``dental,''; and
(B) by striking ``exams.'' and inserting ``exams and
certifications;'';
(8) in subsection (b)(2)(C), by inserting after clause (iv)
the following:
``(v) providing funding to culturally specific
organizations to improve the capacity of such organizations
to engage and partner with healthcare providers to support
victims and meet increased referrals from health systems;
``(vi) development of a State-level pilot program to--
``(I) improve the response of substance use disorder
treatment programs, harm reduction programs for people who
use substances, and systems to domestic violence, dating
violence, sexual assault, and stalking;
``(II) improve the capacity of substance use disorder
treatment programs, harm reduction programs for people who
use substances, and systems to serve survivors of domestic
violence, dating violence, sexual assault, and stalking
dealing with substance use disorder; and
``(III) improve the capacity of domestic violence, dating
violence, sexual assault, and stalking programs to serve
survivors who has substance use history with substance abuse
disorder; or
``(vii) development and utilization of existing technical
assistance and training resources to improve the capacity of
substance use disorder treatment programs and harm reduction
programs for people who use substances to address domestic
violence, dating violence, sexual assault, and stalking among
patients the programs serve.'';
(9) in subsection (c)(3)(A) by striking the period at the
end and inserting the following: ``and--
``(i) culturally specific and population specific
organizations, and specifically organizations whose
leadership include Black or Indigenous people, People of
Color, or LGBTQ+ individuals; and
``(ii) programs developing and implementing community-
driven solutions to address domestic violence, dating
violence, sexual assault, or stalking, instead of carceral
and law enforcement intervention.'';
(10) in subsection (c)(3)(B)(i)(III) by inserting after
``nonprofit entity'' the following ``, including a
culturally-specific organization or community-based
organization working to address the social determinants of
health,'';
(11) in subsection (c)(3)(C)(ii)--
(A) by striking ``strategies for'' and inserting ``(I)
strategies for'';
(B) by inserting ``and generations'' after ``lifespan'';
(C) by striking ``settings;'' and inserting ``settings;
and''
(D) by adding at the end the following:
``(II) strategies to address primary prevention of domestic
violence, dating violence, sexual assault, and stalking over
the lifespan and generations including strategies that
address related social determinants of health and center
economic justice, anti-racism, and that are inclusive of all
genders and identities including LGBTQ+ individuals;'';
(12) in subsection (c)(3)(C)(iii)--
(A) by inserting ``culturally specific organizations''
after ``advocacy organizations''; and
(B) by striking ``State or tribal law enforcement task
forces (where appropriate)'';
(13) in subsection (c)(3)(C)(iv) by inserting ``(including
culturally specific organizations)'' after ``service
providers'';
(14) in subsection (d)(2)(A)--
(A) by inserting ``or behavioral health'' after ``of
health'';
(B) by inserting ``behavioral'' after ``physical or'';
(C) by striking ``mental'' before ``health care''; and
(D) by inserting ``, including substance use disorder
treatment'' before ``; or'';
(15) in subsection (d)(2)(B)--
(A) by striking ``or health system'' and inserting
``behavioral health treatment system'';
(B) by striking ``mental'' and inserting ``behavioral'';
and
(C) by inserting ``, or a community-based organization with
a history of partnership with programs in the domestic
violence, dating violence, sexual assault, or stalking and
health
[[Page H1440]]
care, including physical, mental, or behavioral health care''
before the period at the end;
(16) in subsection (g)--
(A) by striking ``$10,000,000'' and inserting
``$15,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2022
through 2026''; and
(17) in subsection (h), by striking ``herein'' and
``provided for''.
TITLE VI--SAFE HOMES FOR VICTIMS
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) In General.--Section 41411 of the Violence Against
Women Act of 1994 (34 U.S.C. 12491) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``brother, sister,''
and inserting ``sibling,'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting before the semicolon
at the end the following: ``including the direct loan program
under such section'';
(ii) in subparagraph (D), by striking ``the program under
subtitle A of'' and inserting ``the programs under'';
(iii) in subparagraph (I)--
(I) by striking ``sections 514, 515, 516, 533, and 538 of
the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m,
and 1490p-2)'' and inserting ``sections 514, 515, 516, 533,
538, and 542 of the Housing Act of 1949 (42 U.S.C. 1484,
1485, 1486, 1490m, 1490p-2, 1490r)''; and
(II) by striking ``and'' at the end;
(iv) in subparagraph (J), by striking the period at the end
and inserting a semicolon; and
(v) by adding at the end the following:
``(K) the provision of assistance from the Housing Trust
Fund established under section 1338 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4501);
``(L) the provision of assistance for housing under the
Comprehensive Service Programs for Homeless Veterans program
under subchapter II of chapter 20 of title 38, United States
Code;
``(M) the provision of assistance for housing and
facilities under the grant program for homeless veterans with
special needs under section 2061 of title 38, United States
Code;
``(N) the provision of assistance for permanent housing
under the program for financial assistance for supportive
services for very low-income veteran families in permanent
housing under section 2044 of title 38, United States Code;
``(O) housing assisted under the rent supplement program
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); and
``(P) any other Federal housing programs providing
affordable housing to low- and moderate-income persons by
means of restricted rents or rental assistance as identified
by the appropriate agency.''; and
(C) by adding at the end the following:
``(4) Collaborative applicant.--The term `collaborative
applicant' has the meaning given the term in section 401 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
``(5) Continuum of care.--The term `Continuum of Care'
means the Federal program authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.).
``(6) Covered housing provider.--The term `covered housing
provider'--
``(A) means the individual or entity under a covered
housing program that has responsibility for the
administration or oversight of housing assisted under a
covered housing program; and
``(B) includes public housing agencies, sponsors, owners,
mortgagors, managers, grantees under the Continuum of Care,
State and local governments or agencies thereof, and
nonprofit or for-profit organizations or entities.
``(7) Drug-related criminal activity.--The term `drug-
related criminal activity' has the meaning given the term in
section 3(b)(9) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(9)).
``(8) Emergency solutions grant.--The term `emergency
solutions grant' means a grant provided under subtitle B of
title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11371 et seq.).
``(9) Emergency transfer.--The term `emergency transfer'--
``(A) except as provided under subparagraph (B), means a
transfer under subsection (e) from a unit of a covered
housing provider to any other unit of the same principal,
affiliate, or management agent of the covered housing
provider; and
``(B) with respect to a project funded under the Continuum
of Care, means a transfer under subsection (e) to any unit of
the same covered housing provider under the same covered
housing program.
``(10) External referral.--The term `external referral'--
``(A) except as provided under subparagraph (B), means a
referral provided to a victim of domestic violence, dating
violence, sexual assault, or stalking by a covered housing
provider to the applicable regional office of the Department
of Housing and Urban Development to facilitate a move from a
unit of a covered housing provider under the same or a
different covered housing program; and
``(B) with respect to a project funded under the Continuum
of Care, including any local system funding by the Continuum
of Care or a recipient or subrecipient of an Emergency
Solutions Grant, means the facilitation of a move from a unit
of a covered housing provider to a unit of a different
covered housing provider under the same covered housing
program.
``(11) HUD regional office.--The term `HUD regional office'
means a regional office of the Department of Housing and
Urban Development.
``(12) National vawa victims relocation pool voucher.--The
term `National VAWA Victims Relocation Pool voucher' means a
housing voucher provided under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
``(13) Program participant.--The term `program participant'
means an individual (including an unaccompanied youth) or
family who is assisted by programs under the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq).'';
(2) in subsection (b)(3)--
(A) in the paragraph heading, by inserting after ``criminal
activity'' the following: ``and family break-up'';
(B) by amending subparagraph (A) to read as follows:
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--
``(i) In general.--A tenant, program participant, or
resident of a unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking shall not be
denied assistance, tenancy, or occupancy rights to housing
assisted under a covered housing program solely on the basis
of criminal activity directly relating to domestic violence,
dating violence, sexual assault, or stalking that is engaged
in by a member of the household of the tenant, program
participant, resident, or any guest or other person under the
control of the tenant, program participant, or resident, if
the tenant, program participant, resident or an affiliated
individual of the tenant, program participant, or resident is
the victim or threatened victim of such domestic violence,
dating violence, sexual assault, or stalking.
``(ii) Criminal activity engaged in by perpetrator of
abuse.--
``(I) In general.--A tenant, program participant, or
resident of a unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking shall not be
denied assistance, tenancy, or occupancy rights to housing
assisted under a covered housing program solely on the basis
of criminal activity, including drug-related criminal
activity, engaged in by the perpetrator of the domestic
violence, dating violence, sexual assault, or stalking.
``(II) Rule of construction.--Nothing in subclause (I)
shall be construed to limit the authority to terminate
assistance to a tenant or program participant or evict or
terminate a tenant or program participant from housing
assisted under a covered housing program if a public housing
agency or an owner, recipient or subrecipient, or a manager
of the housing demonstrates an actual and imminent threat to
other tenants, program participants, or individuals employed
at or providing service to the housing if the assistance is
not terminated or the tenant or program participant is not
evicted.
``(iii) Review prior to termination for current program
participants.--Before terminating assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant or program participant who is a victim of
domestic violence, dating violence, sexual assault, or
stalking on the basis of criminal activity of the tenant or
program participant, including drug-related criminal
activity--
``(I) the covered housing provider shall consider--
``(aa) the seriousness of the case;
``(bb) the extent of participation or culpability of the
tenant or program participant, including whether the tenant
or program participant was coerced by the perpetrator of the
domestic violence, dating violence, sexual assault, or
stalking;
``(cc) whether the criminal activity was related to a
symptom of a disability, including a substance use disorder;
``(dd) in cases involving drug-related criminal activity or
criminal activity involving alcohol abuse, whether the tenant
or program participant is participating in, or has
successfully completed, a supervised drug or alcohol
rehabilitation program, or has otherwise been rehabilitated
successfully; and
``(ee) any other relevant mitigating circumstances; and
``(II) the covered housing program shall provide the tenant
or program participant with--
``(aa) a written summary of the review conducted by the
covered housing program; and
``(bb) an opportunity to invoke the applicable grievance
policy of the covered housing program to dispute the findings
of the review.'';
(C) in subparagraph (B)--
(i) in the heading, by striking ``Bifurcation'' and
inserting ``Family break-up'';
(ii) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(iii) by inserting before clause (ii), as so redesignated,
the following:
``(i) In general.--If a family break-up results from an
occurrence of domestic violence, dating violence, sexual
assault, or stalking, and the perpetrator no longer resides
in the unit and was the sole tenant or program participant
eligible to receive assistance under a covered housing
program, the covered housing provider shall--
``(I) provide any other tenant, program participant, or
resident of the unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking the opportunity
to establish eligibility for the covered housing program; or
``(II) provide a tenant, program participant, or resident
described in subclause (I) with not less than 180 days--
``(aa) to remain in the unit under the same terms and
conditions as the perpetrator; and
``(bb) find new housing or establish eligibility for
another covered housing program.'';
[[Page H1441]]
(iv) in clause (ii), as so redesignated--
(I) in the heading, by striking ``In general'' and
inserting ``Eviction''; and
(II) by inserting after ``a public housing agency'' the
following: ``, participating jurisdictions, grantees under
the Continuum of Care, grantees,''; and
(v) by striking clause (iii), as so redesignated;
(D) in subparagraph (C)--
(i) in clause (iii), by striking ``or'' at the end;
(ii) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(v) to be limited by any provision in the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) that provides
less protection than subparagraph (A) for victims of domestic
violence, dating violence, sexual assault, or stalking.'';
and
(E) by inserting after subparagraph (C) the following:
``(D) Early termination.--
``(i) In general.--A covered housing provider shall permit
a tenant or program participant assisted under the covered
housing program to terminate the lease at any time prior to
the end date of the lease, without penalty, if the tenant or
program participant has been a victim of domestic violence,
dating violence, sexual assault, or stalking and the tenant
or program participant--
``(I) sends notice of the early lease termination to the
landlord in writing prior to or within 3 days of vacating the
premises unless a shorter notice period is provided for under
State law;
``(II)(aa) reasonably believes that the tenant or program
participant is threatened with imminent harm if the tenant or
program participant remains within the same dwelling unit
subject to the lease; or
``(bb) has experienced a sexual assault that occurred on
the premises during the 90-day period preceding the request
for lease termination; and
``(III) provides a form of documentation consistent with
the requirements outlined in subsection (c)(3).
``(ii) Rule of construction.--Nothing in this subparagraph
shall be construed to preclude any automatic termination of a
lease by operation of law. Nothing in this subparagraph shall
be construed to supersede any provision of any Federal,
State, or local law regarding the early termination of leases
that provides greater protection than this subsection for
victims of domestic violence, dating violence, sexual
assault, or stalking.'';
(3) in subsection (c)(4), in the matter preceding
subparagraph (A)--
(A) by striking ``Any information submitted to a public
housing agency or owner or manager'' and inserting ``Covered
housing providers shall ensure any information submitted'';
and
(B) by inserting after ``owner or manager'' the following:
``of housing assisted under a covered housing program'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``an applicant for or tenants of'' and inserting ``all
individuals and families seeking housing or services from
programs under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), all program
participants of, all adult members of applicant households
for, and all adult tenants of''; and
(ii) in subparagraph (D), by striking ``guidance issued by
the Secretary of Housing and Urban Development'' and
inserting ``title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) and any guidance issued by the
appropriate agencies related to language access for persons
with limited English proficiency'';''; and
(B) by adding at the end the following:
``(3) Translation and availability of standardized
documents.--Each appropriate agency shall ensure that
standardized documents relating to the implementation of this
title are--
``(A) translated into and made available in multiple
languages and are available in formats accessible to persons
with disabilities; and
``(B) made accessible to covered housing providers within a
reasonable time after adoption of the documents by the
appropriate agency.'';
(5) by amending subsection (e) to read as follows:
``(e) Emergency Transfers and National VAWA Victims
Relocation Pool Policies.--
``(1) In general.--A tenant, program participant, or
resident of a unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking who is a victim
of domestic violence, dating violence, sexual assault, or
stalking may apply for an emergency transfer or a National
VAWA Victims Relocation Pool voucher, or both.
``(2) Responsible entity.--
``(A) Emergency transfers.--A covered housing provider
shall grant an emergency transfer to a tenant or program
participant described in paragraph (1) if--
``(i) the covered housing provider and the tenant or
program participant determine that a safe dwelling unit is
available; and
``(ii) the tenant or program participant meets the
eligibility criteria described in paragraph (3).
``(B) Vouchers.--The Secretary of Housing and Urban
Development and a covered housing provider authorized to
determine eligibility for National VAWA Victims Relocation
Pool vouchers under policies and procedures established under
subsection (f)(1) shall approve a National VAWA Victims
Relocation Pool voucher for a tenant, program participant, or
resident of a unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking described in
paragraph (1) if the tenant, program participant, or resident
meets the eligibility criteria described in paragraph (3).
``(3) Criteria.--
``(A) In general.--The applicable responsible entity under
paragraph (2) shall approve an application submitted by a
tenant, program participant, or resident described in
paragraph (1) for an emergency transfer, a National VAWA
Victims Relocation Pool voucher, or both, if--
``(i) the tenant, program participant, or resident
expressly requests the emergency transfer or National VAWA
Victims Relocation Pool voucher, or both, from the applicable
responsible entity; and
``(ii)(I) the tenant, program participant, or resident
reasonably believes that the tenant or program participant is
threatened with imminent harm from further violence if the
tenant or program participant remains within the same
dwelling unit assisted under a covered housing program; or
``(II) the tenant, program participant, or resident
experienced a sexual assault that occurred on the premises
during the 90-day period preceding the request for the
emergency transfer or National VAWA Victims Relocation Pool
voucher.
``(B) Good standing.--Regardless of whether a tenant,
program participant, or resident is in good standing, the
tenant, program participant, or resident retains the right to
an emergency transfer or a National VAWA Victims Relocation
Pool voucher if the tenant, program participant, or resident
otherwise meets the eligibility requirements in this
subsection. The tenant, program participant, or resident
shall also meet the eligibility requirements of the program
to which the tenant, program participant, or resident intends
to transfer unless the eligibility requirement is waived by
the covered housing program.
``(4) Policies.--Each appropriate agency shall, in the
timeframe outlined in subsection (f)(2), adopt emergency
transfer, external referral, and National VAWA Victim
Relocation Pool voucher policies for use by covered housing
programs, which shall--
``(A) reflect the variations in program operation and
administration by covered housing program type and are in
accordance with the Secretary of Housing and Urban
Development's National VAWA Victims Relocation Pool vouchers
policies and procedures issued within the timeframe outlined
in subsection (f)(1);
``(B) at a minimum, describe a process that--
``(i) permits tenants, program participants, or residents
who are victims of domestic violence, dating violence, sexual
assault, or stalking to move to another available and safe
dwelling quickly through an emergency transfer, a National
VAWA Victims Relocation Pool voucher, or an external
referral; and
``(ii) provides that the tenant, program participant, or
resident can request an emergency transfer or a National VAWA
Victims Relocation Pool voucher, or both, whichever is safe
and available for the tenant, program participant, or
resident; and
``(C) with respect to a request for an emergency transfer,
provide that--
``(i) not later than 5 days after the date on which a
covered housing provider receives an emergency transfer
request from a tenant or program participant, the covered
housing provider shall determine whether the tenant or
program participant can be transferred to a safe and
available unit;
``(ii) if a safe unit is available, an emergency transfer
shall occur not later than 10 days after the date on which
the covered housing provider approves the request;
``(iii) if a safe unit is not available, the covered
housing provider shall provide to the tenant or program
participant--
``(I) a written status report regarding the status of the
emergency transfer request of the tenant or program
participant; and
``(II) information about National VAWA Victims Relocation
Pool vouchers; and
``(iv) if the emergency transfer request has been denied
due to reasons unrelated to the availability of a safe and
suitable unit, the tenant or program participant may appeal
the decision through the applicable grievance or hearing
process of the covered housing provider;
``(D) with respect to a request for a National VAWA Victims
Relocation Pool voucher--
``(i) the request may be made to the Secretary of Housing
and Urban Development by a tenant; program participant;
resident of the unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking; a collaborative
applicant of the local Continuum of Care or designee of the
collaborative applicant; Emergency Solutions Grant recipient
or subrecipient; a public housing agency; or the covered
housing provider; and
``(ii) not later than 10 days after the date on which the
Secretary of Housing and Urban Development receives a request
for a National VAWA Victims Relocation Pool voucher and the
selected relocation jurisdiction of the tenant or program
participant, the Secretary shall process the request and
refer administration of the National VAWA Victims Relocation
Pool voucher to the appropriate public housing agency of the
selected jurisdiction of the tenant; program participant; or
resident of the unit who is an unreported member of the
household because of domestic violence, dating violence,
sexual assault, dating violence, or stalking;
``(E) allow a victim of domestic violence dating violence,
sexual assault, or stalking to temporarily relocate, while
maintaining eligibility for the covered housing program
without the loss of their housing status, if there are no
alternative comparable housing program units available, until
an emergency transfer, a National VAWA Victims Relocation
Pool voucher, or an external referral resulting in comparable
safe housing is obtained;
[[Page H1442]]
``(F) mandate that emergency transfers take priority over
non-emergency transfers;
``(G) mandate that emergency transfers are not considered
new applicants and take priority over existing external
waiting lists for a covered housing program;
``(H) incorporate confidentiality measures to ensure that
the appropriate agency and the covered housing provider do
not disclose any information regarding a tenant, program
participant, or resident who is victim of domestic violence,
dating violence, sexual assault, or stalking, including the
location of a new dwelling unit to any person or entity
without the time-limited written authorization of the tenant
or program participant, and communication by a covered
housing provider with a victim must be in a form and manner
that the victim determines to be safe; and
``(I) mandate that when a tenant or program participant
submits an emergency transfer request to a covered housing
provider, the covered housing provider shall provide contact
information for--
``(i) local organizations offering assistance to tenants
and other housing providers who may have safe and available
housing; or
``(ii) contact information for the regional HUD office or
applicable public housing agency.
``(5) Duties of collaborative applicants of a local
continuum of care.--In addition to adopting the policies
described in paragraph (4) in an emergency transfer policy,
the collaborative applicant of each local Continuum of Care,
or a designee of the collaborative applicant, shall--
``(A) coordinate and facilitate emergency transfers and
external referrals across projects funded under the Continuum
of Care;
``(B) prioritize an external referral across projects
funded under the Continuum of Care for the next available
safe housing option for which a tenant or program participant
may be eligible;
``(C) coordinate external referrals with the collaborative
applicant of the local Continuum of Care, or designee of the
collaborative applicant, in other jurisdictions in cases
where a tenant or program participant requests an out-of-
jurisdiction transfer;
``(D) ensure that a tenant or program participant is not
required to be reassessed and retains chronically homeless
status, if applicable, through the local Continuum of Care
intake process when seeking an emergency transfer or external
referral placement; and
``(E) ensure costs associated with temporary relocations
described in paragraph (4) are considered eligible costs of
supportive services under the Continuum of Care program.
``(6) Regional offices.--Each HUD regional office shall--
``(A) in collaboration with public housing agencies and the
entities described in paragraph (2), develop and implement a
regional emergency transfer and external referral plan, which
shall--
``(i) set forth how covered housing providers shall
coordinate external referrals with the HUD regional office;
``(ii) be submitted to the Violence Against Women Director
described in section 41413 and made publicly available; and
``(iii) include any additional policies, priorities, and
strategies set by the entities described in paragraph (5);
and
``(B) in consultation with the Violence Against Women
Director described in section 41413, facilitate external
referral requests for tenants or program participants who are
victims of domestic violence, dating violence, sexual
assault, or stalking if the tenant or program participant
cannot obtain an emergency transfer or a National VAWA
Victims Relocation Pool voucher.
``(7) Covered housing providers.--Each covered housing
provider shall develop and implement an emergency transfer
and external referral plan consistent with the requirements
in paragraph (4) or (5).'';
(6) by amending subsection (f) to read as follows:
``(f) Policies and Procedures for Emergency Transfer and
National VAWA Victims Relocation Pool Vouchers.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Violence Against Women Act Reauthorization
Act of 2021, the Secretary of Housing and Urban Development
shall establish policies and procedures under which a tenant,
program participant, or resident of a unit who is an
unreported member of the household because of domestic
violence, dating violence, sexual assault, dating violence,
or stalking may receive, under subsection (e), subject to the
availability of funds, a National VAWA Victims Relocation
Pool voucher.
``(2) Appropriate agencies.--Not later than 180 days after
the date of enactment of the Violence Against Women Act
Reauthorization Act of 2021, the head of each appropriate
agency shall establish the policies required under subsection
(e) with respect to emergency transfers and external
referrals. Each appropriate agency shall also establish
agency-specific policies and procedures in accordance with
the Secretary of Housing and Urban Development's National
VAWA Victims Relocation Pool vouchers policies and
procedures.'';
(7) by redesignating subsection (g) as subsection (h);
(8) by inserting after subsection (f) the following:
``(g) Training and Referrals.--
``(1) Training for staff of covered housing programs.--
``(A) In general.--The Secretary of Housing and Urban
Development, in partnership with domestic and sexual violence
experts, shall develop mandatory in-person or electronic
training for staff of covered housing providers to provide a
basic understanding of domestic violence, dating violence,
sexual assault, and stalking, and to facilitate
implementation of this section.
``(B) Appropriate staff.--Each covered housing provider
shall identify--
``(i) appropriate staff to attend the basic understanding
training described in subparagraph (A) periodically; and
``(ii) appropriate staff engaged in tenant, program
participant, or resident services to attend both the basic
understanding training and the implementation training
described in subparagraph (A) as necessary.
``(2) Referrals.--The appropriate agency with respect to
each covered housing program and the local Continuum of Care
shall supply all appropriate staff of the covered housing
providers with a referral listing of public contact
information for all domestic violence, dating violence,
sexual assault, and stalking service providers offering
services in its coverage area.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for each of fiscal years 2022
through 2026.''; and
(9) by inserting after subsection (h), as so redesignated,
the following:
``(i) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to limit any right, remedy, or procedure otherwise
available to enforce the Violence Against Women Act of 2005
(Public Law 109-162; 119 Stat. 2960) and subsequent
amendments prior to the date of enactment of the Violence
Against Women Act Reauthorization Act of 2021; or
``(2) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.''.
(b) National VAWA Victims Relocation Pool Vouchers.--
Section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) is amended by adding at the end the
following:
``(21) National vawa victims relocation pool vouchers.--
``(A) In general.--The Secretary shall set aside, from
amounts made available for rental assistance under this
subsection, amounts for use only for providing such
assistance for the creation of a National VAWA Victims
Relocation Pool, which shall provide rental assistance on
behalf of tenants, program participants, or residents who are
victims of domestic violence, dating violence, sexual
assault, and stalking eligible for assistance under section
41411(e) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(e)).
``(B) Termination of vouchers upon turnover.--A public
housing agency shall not reissue assistance that is made
available from appropriated funds under this subsection for a
tenant, program participant, or resident when the assistance
for the tenant, program participant, or resident is lawfully
terminated, unless specifically authorized by the Secretary.
``(C) Authorization of appropriations.--Beginning in fiscal
year 2022 and each fiscal year thereafter, there are
authorized to be appropriated $20,000,000 to provide vouchers
for rental assistance under this paragraph.''.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING
RETALIATION AGAINST VICTIMS.
Chapter 2 of subtitle N of title IV of the Violence Against
Women Act of 1994 (34 U.S.C. 12491 et seq.) is amended by
inserting after section 41411 the following:
``SEC. 41412. COMPLIANCE REVIEWS.
``(a) Regular Compliance Reviews.--
``(1) In general.--Each appropriate agency shall establish
a process by which to review compliance with the requirements
of this subtitle, which shall--
``(A) in consultation with the Violence Against Women
Director described in section 41413 and any other relevant
officials of the appropriate agency, be incorporated into
other existing compliance review processes of the appropriate
agency; and
``(B) examine--
``(i) covered housing provider compliance with requirements
prohibiting the denial of assistance, tenancy, or occupancy
rights on the basis of domestic violence, dating violence,
sexual assault, or stalking;
``(ii) covered housing provider compliance with
confidentiality provisions set forth in section 41411(c)(4);
``(iii) covered housing provider compliance with the
notification requirements set forth in section 41411(d)(2);
``(iv) covered housing provider compliance with accepting
documentation set forth in section 41411(c);
``(v) covered housing provider compliance with emergency
transfer, external referral, and National VAWA Victims
Relocation Pool Voucher requirements set forth in section
41411(e); and
``(vi) covered housing provider compliance with the
prohibition on retaliation set forth in section 41414.
``(2) Frequency.--Each appropriate agency shall conduct the
review described in paragraph (1) on a regular basis, as
determined by the appropriate agency.
``(b) Regulations.--Not later than 1 year after the date of
enactment of the Violence Against Women Act Reauthorization
Act of 2021, each appropriate agency shall issue regulations
to implement subsection (a), which shall--
``(1) define standards of compliance for covered housing
providers;
``(2) include detailed reporting requirements, including
the number of emergency transfers, external referrals, and
National VAWA Victims Relocation Pool vouchers requested and
granted, as well as the length of time needed to process
emergency transfers, National VAWA Victims Relocation Pool
vouchers, and external referrals; and
[[Page H1443]]
``(3) include standards for corrective action plans where a
covered housing provider has failed to meet compliance
standards.
``(c) Public Disclosure.--Each appropriate agency shall
ensure that an agency-level assessment of the information
collected during the compliance review process completed
pursuant to this subsection--
``(1) includes an evaluation of each topic identified in
subsection (a); and
``(2) is made publicly available.
``SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
VIOLENCE AGAINST WOMEN DIRECTOR.
``(a) Establishment.--There shall be, within the Office of
the Secretary of the Department of Housing and Urban
Development, a Violence Against Women Director (in this
section referred to as the `Director').
``(b) Duties.--The Director shall--
``(1) support implementation of the provisions of this
subtitle;
``(2) coordinate development of Federal regulations,
policy, protocols, and guidelines on matters relating to the
implementation of this subtitle, at each agency administering
a covered housing program;
``(3) advise and coordinate with designated officials
within the United States Interagency Council on Homelessness,
the Department of Housing and Urban Development, the
Department of the Treasury, the Department of Agriculture,
the Department of Health and Human Services, the Department
of Veterans Affairs, and the Department of Justice concerning
legislation, implementation, and other issues relating to or
affecting the housing provisions under this subtitle;
``(4) provide technical assistance, coordination, and
support to each appropriate agency regarding advancing
housing protections and access to housing for victims of
domestic violence, dating violence, sexual assault, and
stalking, including compliance with this subtitle;
``(5) ensure that adequate technical assistance is made
available to covered housing providers regarding
implementation of this subtitle, as well as other issues
related to advancing housing protections for victims of
domestic violence, dating violence, sexual assault, and
stalking, including compliance with this subtitle;
``(6) act as a liaison with the judicial branches of
Federal, State, and local governments on matters relating to
the housing needs of victims of domestic violence, dating
violence, sexual assault, and stalking;
``(7) implement a quality control system and a corrective
action plan system for those covered housing providers that
fail to comply with this subtitle, wherein--
``(A) covered housing providers completing corrective
action plans shall be required to consult with national,
State, or local programs focused on victims of domestic
violence, dating violence, sexual assault, or stalking; and
``(B) the corrective action plans shall include provisions
requiring covered housing providers to review and develop
appropriate notices, procedures, and staff training to
improve compliance with this subtitle, in consultation with
national, State, or local programs focused on victims
described in subparagraph (A);
``(8) establish a formal reporting process to receive
individual complaints concerning noncompliance with this
subtitle;
``(9) coordinate the development of interagency guidelines
to improve the availability of centralized information
concerning available dwelling units for use in facilitating
the emergency transfer process;
``(10) coordinate the process for tracking of requests,
notice, and approval of National VAWA Victims Relocation Pool
vouchers, and further implement, as necessary, any policies
or procedures relating to the National VAWA Victims
Relocation Pool vouchers;
``(11) work with HUD regional offices to develop a
mechanism to implement regional external referral plans and
officials at each appropriate agency relating to the
development of Federal regulations, policy, protocols, and
guidelines regarding uniform timeframes for the completion of
emergency transfers, National VAWA Victims Relocation Pool
vouchers, and external referrals;
``(12) coordinate with each appropriate agency to ensure
that standardized documents relating to the implementation of
this title are translated into and made available in multiple
languages, are accessible to persons with disabilities, and
made accessible to covered housing providers within a
reasonable time upon adoption of the documents by the
appropriate agency;
``(13) ensure that the documents described in paragraph
(11), including guidance and notices to victims, are
distributed in commonly encountered languages by covered
housing providers consistent with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and any guidance
issued by the appropriate agencies in accordance with
Executive Order 13166 (42 U.S.C. 2000d-1 note; relating to
access to services for persons with limited English
proficiency); and
``(14) in consultation with each appropriate agency,
identify existing compliance review processes that could
incorporate the compliance reviews required under section
41412(a).
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2022
through 2026.
``SEC. 41414. PROHIBITION ON RETALIATION.
``(a) Nondiscrimination Requirement.--No covered housing
provider shall discriminate against any person because that
person has opposed any act or practice made unlawful by this
subtitle, or because that individual testified, assisted, or
participated in any matter related to this subtitle.
``(b) Prohibition on Coercion.--No covered housing provider
shall coerce, intimidate, threaten, or interfere with, or
retaliate against, any person in the exercise or enjoyment
of, or on account of the person having exercised or enjoyed,
or on account of the person having aided or encouraged any
other individual in the exercise or enjoyment of, any rights
or protections under this subtitle, including--
``(1) intimidating or threatening any person because that
person is assisting or encouraging an individual entitled to
claim the rights or protections under this subtitle; and
``(2) retaliating against any person because that person
has participated in any investigation or action to enforce
this subtitle.
``(c) Enforcement Authority of the Attorney General the
Secretary.--The authority of the Attorney General, the
Secretary of Housing and Urban Development, and the Office
for Fair Housing and Equal Opportunity to enforce this
section shall be the same as the Fair Housing Act (42 U.S.C.
3610 et seq.).''.
SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S
HOME.
(a) In General.--Chapter 2 of subtitle N of title IV of the
Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.),
as amended by this Act, is further amended by inserting after
section 41414 the following:
``SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES FROM
ONE'S HOME.
``(a) Definition.--In this section, the term `covered
governmental entity' means any municipal, county, or State
government that receives funding under section 106 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5306).
``(b) Right To Report.--
``(1) In general.--Landlords, homeowners, residents,
occupants, and guests of, and applicants for, housing--
``(A) shall have the right to seek law enforcement or
emergency assistance on their own behalf or on behalf of
another person in need of assistance; and
``(B) shall not be penalized based on their requests for
assistance or based on criminal activity of which they are a
victim or otherwise not at fault under statutes, ordinances,
regulations, or policies adopted or enforced by covered
governmental entities.
``(2) Prohibited penalties.--Penalties that are prohibited
under paragraph (1) include--
``(A) actual or threatened assessment of penalties, fees,
or fines;
``(B) actual or threatened eviction;
``(C) actual or threatened refusal to rent or renew
tenancy;
``(D) actual or threatened refusal to issue an occupancy
permit or landlord permit; and
``(E) actual or threatened closure of the property, or
designation of the property as a nuisance or a similarly
negative designation.
``(c) Reporting.--Consistent with the process described in
section 104(b) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5304(b)), covered governmental entities
shall--
``(1) report any of their laws or policies, or, as
applicable, the laws or policies adopted by subgrantees, that
impose penalties on landlords, homeowners, residents,
occupants, guests, or housing applicants based on requests
for law enforcement or emergency assistance or based on
criminal activity that occurred at a property; and
``(2) certify that they are in compliance with the
protections under this subtitle or describe the steps the
covered governmental entities will take within 180 days to
come into compliance, or to ensure compliance among
subgrantees.
``(d) Oversight.--Oversight and accountability mechanisms
provided for under title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.) shall be available to address
violations of this section.
``(e) Subgrantees.--For those covered governmental entities
that distribute funds to subgrantees, compliance with
subsection (c)(1) includes inquiring about the existence of
laws and policies adopted by subgrantees that impose
penalties on landlords, homeowners, residents, occupants,
guests, or housing applicants based on requests for law
enforcement or emergency assistance or based on criminal
activity that occurred at a property.''.
(b) Supporting Effective Crime Reduction Methods.--
(1) Additional authorized use of byrne-jag funds.--Section
501(a)(1) of subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152(a)(1)) is amended by adding after subparagraph (H) the
following:
``(I) Programs for the development and implementation of
methods of reducing crime in communities, to supplant
punitive programs or policies. For purposes of this
subparagraph, a punitive program or policy is a program or
policy that--
``(i) imposes a penalty described in section 41415(b)(2) of
the Violence Against Women Act of 1994 on the basis of a
request for law enforcement or emergency assistance; or
``(ii) imposes a penalty described in section 41415(b)(2)
of the Violence Against Women Act of 1994 on a landlord,
homeowner, tenant, program participant, resident, occupant,
or guest because of criminal activity at the property,
including domestic violence dating violence, sexual assault,
and stalking, where the landlord, homeowner, tenant, program
participant, resident, occupant, or guest was a victim of
such criminal activity.''.
(2) Additional authorized use of cops funds.--Section
1701(b) of part Q of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
(A) in paragraph (22), by striking ``and'' after the
semicolon;
(B) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
[[Page H1444]]
``(24) to develop and implement methods of reducing crime
in communities, to supplant punitive programs or policies (as
such term is defined in section 501(a)(1)(I)).''.
SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
Section 40299 of the Violence Against Women Act of 1994 (34
U.S.C. 12351) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``the Director of the Violence Against
Women Office'' and inserting ``the Director of the Office on
Violence Against Women''; and
(B) by inserting after ``, other nonprofit, nongovernmental
organizations'' the following: ``, population-specific
organizations''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2014 through 2018'' and
inserting ``2022 through 2026'';
(B) in paragraph (2), by striking ``5 percent'' and
inserting ``8 percent''; and
(C) in paragraph (3)(B), by striking ``0.25 percent'' and
inserting ``0.5 percent''.
SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) McKinney-Vento Homeless Assistance Grants.--Section
423(a) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11383(a)) is amended by adding at the end the
following:
``(13) Facilitating and coordinating activities to ensure
compliance with subsection (e) of section 41411 of the
Violence Against Women Act of 1994 (34 U.S.C. 12491) and
monitoring compliance with the confidentiality protections of
subsection (c)(4) of such section.''.
(b) Collaborative Grants To Increase the Long-Term
Stability of Victims.--Section 41404(i) of the Violence
Against Women Act of 1994 (34 U.S.C. 12474(i)) is amended by
striking ``2014 through 2018'' and inserting ``2022 through
2026''.
(c) Grants To Combat Violence Against Women in Public and
Assisted Housing.--Section 41405 of the Violence Against
Women Act of 1994 (34 U.S.C. 12475) is amended--
(1) in subsection (b), by striking ``the Director of the
Violence Against Women Office'' and inserting ``the Director
of the Office on Violence Against Women'';
(2) in subsection (c)(2)(D), by inserting after
``linguistically and culturally specific service providers,''
the following: ``population-specific organizations,''; and
(3) in subsection (g), by striking ``2014 through 2018''
and inserting the following: ``2022 through 2026''.
SEC. 606. UNITED STATES HOUSING ACT OF 1937 AMENDMENTS.
Section 5A(d) of the United States Housing Act of 1937 (42
U.S.C. 1437c-1(d)) is amended--
(1) by amending paragraph (13) to read as follows:
``(13) Domestic violence, dating violence, sexual assault,
or stalking programs.--
``(A) Copies.--A copy of--
``(i) all standardized notices issued pursuant to the
housing protections under subtitle N of the Violence Against
Women Act of 1994, including the notice required under
section 41411(d) of the Violence Against Women Act of 1994;
``(ii) the emergency transfer plan issued pursuant to
section 41411 of the Violence Against Women Act of 1994; and
``(iii) any and all memoranda of understanding with other
covered housing providers developed to facilitate emergency
transfers under section 41411(e) of the Violence Against
Women Act of 1994.
``(B) Descriptions.--A description of--
``(i) any activities, services, or programs provided or
offered by an agency, either directly or in partnership with
other service providers, to child or adult victims of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) any activities, services, or programs provided or
offered by a public housing agency that helps child and adult
victims of domestic violence, dating violence, sexual
assault, or stalking, to obtain or maintain housing;
``(iii) any activities, services, or programs provided or
offered by a public housing agency to prevent domestic
violence, dating violence, sexual assault, and stalking, or
to enhance victim safety in assisted families; and
``(iv) all training and support services offered to staff
of the public housing agency to provide a basic understanding
of domestic violence, dating violence, sexual assault, and
stalking, and to facilitate implementation of the housing
protections of section 41411 of the Violence Against Women
Act of 1994.''; and
(2) in paragraph (16), by inserting ``the Violence Against
Women Act of 1994,'' before ``the Fair Housing Act''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
SEC. 701. FINDINGS.
Congress finds the following:
(1) Over 1 in 3 women experience sexual violence, and 1 in
5 women have survived completed or attempted rape. Such
violence has a devastating impact on women's physical and
emotional health, financial security, and ability to maintain
their jobs, and thus impacts interstate commerce and economic
security.
(2) The Office on Violence Against Women of the Department
of Justice defines domestic violence as a pattern of abusive
behavior in any relationship that is used by one intimate
partner to gain or maintain power and control over another
intimate partner. Domestic violence can include physical,
sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. Domestic
violence includes any behaviors that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound an individual.
(3) The Centers for Disease Control and Prevention report
that domestic violence or intimate partner violence is a
serious public health issue for millions of individuals in
the United States. Nearly 1 in 4 women and 1 in 9 men in the
United States have suffered sexual violence, physical
violence, or stalking by an intimate partner.
(4) Transgender and gender non-conforming people face
extraordinary levels of physical and sexual violence.
(5) More than 1 in 4 transgender people have faced bias-
driven assault, and this rate is higher for trans women and
trans people of color.
(6) The American Foundation for Suicide Prevention has
found that transgender and gender non-conforming people had
an elevated prevalence of suicide attempts, especially when
they have suffered physical or sexual violence.
(7) Homicide is one of the leading causes of death for
women on the job. Domestic partners or relatives commit 43
percent of workplace homicides against women. One study found
that intimate partner violence resulted in 142 homicides
among women at work in the United States from 2003 to 2008, a
figure which represents 22 percent of the 648 workplace
homicides among women during the period. In fact, in 2010,
homicides against women at work increased by 13 percent
despite continuous declines in overall workplace homicides in
recent years.
(8) Women in the United States are 11 times more likely to
be murdered with guns than women in other high-income
countries. Female intimate partners are more likely to be
murdered with a firearm than all other means combined. The
presence of a gun in domestic violence situations increases
the risk of homicide for women by 500 percent.
(9) Violence can have a dramatic impact on the survivor of
such violence. Studies indicate that 44 percent of surveyed
employed adults experienced the effect of domestic violence
in the workplace, and 64 percent indicated their workplace
performance was affected by such violence. Another recent
survey found that 78 percent of offenders used workplace
resources to express anger, check up on, pressure, or
threaten a survivor. Sexual assault, whether occurring in or
out of the workplace, can impair an employee's work
performance, require time away from work, and undermine the
employee's ability to maintain a job. Nearly 50 percent of
sexual assault survivors lose their jobs or are forced to
quit in the aftermath of the assaults.
(10) Studies find that 60 percent of single women lack
economic security and 81 percent of households with single
mothers live in economic insecurity. Significant barriers
that survivors confront include access to housing,
transportation, and child care. Ninety-two percent of
homeless women have experienced domestic violence, and more
than 50 percent of such women cite domestic violence as the
direct cause for homelessness. Survivors are deprived of
their autonomy, liberty, and security, and face tremendous
threats to their health and safety.
(11) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner violence lose
nearly 8 million days of paid work, which is the equivalent
of more than 32,000 full-time jobs and almost 5,600,000 days
of household productivity each year. Therefore, women
disproportionately need time off to care for their health or
to find safety solutions, such as obtaining a restraining
order or finding housing, to avoid or prevent further
violence.
(12) Annual costs of intimate partner violence are
estimated to be more than $8,300,000,000. According to the
Centers for Disease Control and Prevention, the costs of
intimate partner violence against women in 1995 exceeded an
estimated $5,800,000,000. These costs included nearly
$4,100,000,000 in the direct costs of medical and mental
health care and nearly $1,800,000,000 in the indirect costs
of lost productivity. These statistics are generally
considered to be underestimated because the costs associated
with the criminal justice system are not included.
(13) Fifty-five percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, and more than 70 percent said
domestic violence negatively affects attendance. Seventy-
eight percent of human resources professionals consider
partner violence a workplace issue. However, more than 70
percent of United States workplaces have no formal program or
policy that addresses workplace violence, let alone domestic
violence. In fact, only four percent of employers provided
training on domestic violence.
(14) Studies indicate that one of the best predictors of
whether a survivor will be able to stay away from his or her
abuser is the degree of his or her economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking often negatively impact a survivor's ability to
maintain employment.
(15) Abusers frequently seek to exert financial control
over their partners by actively interfering with their
ability to work, including preventing their partners from
going to work, harassing their partners at work, limiting
their partners' access to cash or transportation, and
sabotaging their partners' child care arrangements.
(16) Economic abuse refers to behaviors that control an
intimate partner's ability to acquire, use, and maintain
access to, money, credit, ownership of assets, or access to
governmental or private financial benefits, including
defaulting on joint obligations (such as school loans, credit
card debt, mortgages, or rent). Other forms of such abuse may
include preventing someone from attending school, threatening
to or actually terminating employment, controlling or
withholding access to cash, checking, or credit accounts, and
attempting to damage or sabotage
[[Page H1445]]
the creditworthiness of an intimate partner, including
forcing an intimate partner to write bad checks, forcing an
intimate partner to default on payments related to household
needs, such as housing, or forcing an intimate partner into
bankruptcy.
(17) The Patient Protection and Affordable Care Act (Public
Law 111-148), and the amendments made by such Act, ensures
that most health plans must cover preventive services,
including screening and counseling for domestic violence, at
no additional cost. In addition, it prohibits insurance
companies from discriminating against patients for
preexisting conditions, like domestic violence.
(18) Yet, more can be done to help survivors. Federal law
in effect on the day before the date of enactment of this Act
does not explicitly--
(A) authorize survivors of domestic violence, dating
violence, sexual assault, or stalking to take leave from work
to seek legal assistance and redress, counseling, or
assistance with safety planning activities;
(B) address the eligibility of survivors of domestic
violence, dating violence, sexual assault, or stalking for
unemployment compensation;
(C) provide job protection to survivors of domestic
violence, dating violence, sexual assault, or stalking; or
(D) prohibit insurers from disclosing information about
abuse and the location of the survivors through insurance
databases and other means.
(19) This Act aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be
free from violence, hardship, and control, which restrains
basic human rights to freedom and safety in the United
States.
SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12501) is amended--
(1) in subsection (a)--
(A) by inserting ``and sexual harassment'' after ``domestic
and sexual violence''; and
(B) by striking ``employers and labor organizations'' and
inserting ``employers, labor organizations, and victim
service providers'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3)--
(i) by striking ``and stalking'' and inserting ``stalking,
and sexual harassment''; and
(ii) by striking the period at the end and inserting a
semicolon;
(C) by adding the following new paragraph:
``(4) a plan to enhance the capacity of survivors to obtain
and maintain employment to include the implementation of a
demonstration pilot program `Pathways to Opportunity' which
builds collaborations between and among victim service
providers, workforce development programs, and educational
and vocational institutions to provide trauma informed
programming to support survivors seeking employment and
centered around culturally specific organizations or
organizations that primarily serve populations traditionally
marginalized in the workplace.''.
(3) in subsection (c)(1), by inserting before the period at
the end ``or sexual harassment'';
(4) in subsection (c)(2)(A), by inserting ``or sexual
harassment'' after ``sexual violence''; and
(5) in subsection (e), by striking ``$1,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$2,000,000
for each of fiscal years 2022 through 2026''.
SEC. 703. PROVISIONS RELATED TO UNEMPLOYMENT COMPENSATION AND
THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM.
(a) Unemployment Compensation.--
(1) Survivors of domestic violence.--Section 3304(a) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of paragraph (18), by redesignating paragraph (19)
as paragraph (21), and by inserting after paragraph (18) the
following new paragraph:
``(19) no person may be denied compensation under such
State law solely on the basis of the individual having a
voluntary separation from work if such separation is
attributable to such individual being a survivor of domestic
violence;''.
(2) Victims of sexual harassment and survivors of sexual
assault or stalking.--Section 3304(a) of the Internal Revenue
Code of 1986 is further amended by inserting after paragraph
(19), as added by paragraph (1) of this subsection, the
following new paragraph:
``(20) no person may be denied compensation under such
State law solely on the basis of the individual having a
voluntary separation from work if such separation is
attributable to such individual being a victim of sexual
harassment or a survivor of sexual assault or stalking;
and''.
(3) Documentation required.--Section 3304 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(g) Victims of Sexual Harassment and Survivors of
Domestic Violence, Sexual Assault, or Stalking.--
``(1) Documentation.--For purposes of paragraphs (19) and
(20) of subsection (a), a voluntary separation of an
individual shall be considered to be attributable to such
individual being a victim of sexual harassment or a survivor
of domestic violence, sexual assault, or stalking if such
individual submits such evidence as the State deems
sufficient.
``(2) Sufficient documentation.--For purposes of paragraph
(1), a State shall deem sufficient--
``(A) evidence of such sexual harassment, domestic
violence, sexual assault, or stalking in the form of--
``(i) a sworn statement and a form of identification;
``(ii) a police or court record; or
``(iii) documentation from a professional from whom such
individual has sought assistance, including those associated
with medical, legal, or religious professions; and
``(B) an attestation that such voluntary separation is
attributable to such sexual harassment, domestic violence,
sexual assault, or stalking.
``(3) Definitions.--For purposes of this section, the terms
`sexual harassment', `domestic violence', `sexual assault',
`stalking', `victim of sexual harassment', and `survivor of
domestic violence, sexual assault, or stalking' have the
meanings given such terms under State law, regulation, or
policy.''.
(b) Unemployment Compensation Personnel Training.--Section
303(a) of the Social Security Act (42 U.S.C. 503(a)) is
amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) Such methods of administration as will ensure
that--
``(i) applicants and potential applicants for unemployment
compensation are notified of the provisions of paragraphs
(19) and (20) of section 3304(a) of the Internal Revenue Code
of 1986; and
``(ii) claims reviewers and hearing personnel are trained
in--
``(I) the nature and dynamics of sexual harassment,
domestic violence, sexual assault, and stalking; and
``(II) methods of ascertaining and ensuring the
confidentiality of personal information and documentation
related to an individual's claim about possible experiences
of sexual harassment, domestic violence, sexual assault, or
stalking.
``(B) For purposes of this paragraph, the terms `sexual
harassment', `domestic violence', `sexual assault', and
`stalking' have the meanings given such terms in section
3304(g) of the Internal Revenue Code of 1986.''.
(c) TANF Personnel Training.--Section 402(a) of the Social
Security Act (42 U.S.C. 602(a)) is amended by adding at the
end the following new paragraph:
``(8) Certification that the state will provide information
to victims of sexual harassment or survivors of domestic
violence.--
``(A) In general.--A certification by the chief executive
officer of the State that the State has established and is
enforcing standards and procedures to--
``(i) ensure that applicants and potential applicants for
assistance under the State program funded under this part are
notified of assistance made available by the State to victims
of sexual harassment and survivors of domestic violence;
``(ii) ensure that case workers and other agency personnel
responsible for administering the State program funded under
this part are trained in--
``(I) the nature and dynamics of sexual harassment and
domestic violence;
``(II) State standards and procedures relating to the
prevention of, and assistance for, individuals who are
victims of sexual harassment or survivors of domestic
violence; and
``(III) methods of ascertaining and ensuring the
confidentiality of personal information and documentation
related to an individual's claim about possible experiences
of sexual harassment or domestic violence; and
``(iii) ensure that, if a State has elected to establish
and enforce standards and procedures regarding the screening
for, and identification of, domestic violence pursuant to
paragraph (7)--
``(I) the State program funded under this part provides
information about the options under this part to current and
potential beneficiaries; and
``(II) case workers and other agency personnel responsible
for administering the State program funded under this part
are provided with training regarding State standards and
procedures pursuant to paragraph (7).
``(B) Definitions.--For purposes of this paragraph--
``(i) the term `sexual harassment' has the meaning given
such term under State law, regulation, or policy; and
``(ii) the term `domestic violence' has the meaning given
such term in section 402(a)(7).''.
(d) National Grant Program for Developing a Model Training
Program for Unemployment Compensation Personnel Training.--
(1) Grants authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award a grant to a national victim service provider in order
for such organization to--
(A) develop and disseminate a model training program (and
related materials) for the training required under section
303(a)(4)(A)(ii) of the Social Security Act, as added by
subsection (b); and
(B) provide technical assistance with respect to such model
training program to unemployment compensation personnel.
(2) Application.--An entity seeking a grant under this
subsection shall submit an application to the Secretary at
such time, in such form and manner, and containing such
information as the Secretary specifies.
(3) Report.--
(A) Report to congress.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the program established under this subsection.
(B) Report available to public.--The Secretary shall
establish procedures for the dissemination to the public of
the report submitted
[[Page H1446]]
under subparagraph (A) not later than 10 days after the
submission of such report to Congress under such
subparagraph. Such procedures shall include the use of the
internet to disseminate such report.
(4) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated--
(i) $1,000,000 for fiscal year 2022 to carry out the
provisions of paragraph (1)(A); and
(ii) $8,000,000 for each of fiscal years 2022 through 2026
to carry out the provisions of paragraph (1)(B).
(B) Three-year availability of grant funds.--Each recipient
of a grant under this subsection shall return to the
Secretary any unused portion of such grant not later than 3
years after the date the grant was awarded, together with any
earnings on such unused portion.
(C) Amounts returned.--Any amounts returned pursuant to
subparagraph (B) shall be available without further
appropriation to the Secretary for the purpose of carrying
out the provisions of paragraph (1)(B).
(e) National Grant Program for Developing a Model Training
Program for Temporary Assistance for Needy Families Personnel
Training.--
(1) Grants authorized.--The Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary'') shall--
(A) develop and disseminate a model training program (and
related materials) for the training required under 402(a)(8)
of the Social Security Act, and if the state so elects,
section 402(a)(7) of such Act; and
(B) provide technical assistance with respect to such model
training program to eligible States (as defined in section
402 of the Social Security Act).
In developing the model training program under subparagraph
(A), the Secretary may award grants and contracts and may
develop such program in cooperation with an eligible partner.
(2) Eligible partner defined.--For purposes of paragraph
(1), the term ``eligible partner'' means an entity that is--
(A) a State or tribal domestic violence coalition or sexual
assault coalition; or
(B) a State or local victim service provider with
recognized expertise in the dynamics of domestic violence,
sexual assault, or stalking whose primary mission is to
provide services to survivors of domestic violence, sexual
assault, or stalking, including a rape crisis center or
domestic violence program.
(3) Report.--
(A) Report to congress.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the program established under this subsection.
(B) Report available to public.--The Secretary shall
establish procedures for the dissemination to the public of
the report submitted under subparagraph (A) not later than 10
days after the submission of such report to Congress under
such subparagraph. Such procedures shall include the use of
the internet to disseminate such report.
(4) Authorization of appropriations.--There are authorized
to be appropriated--
(A) $1,000,000 for fiscal year 2022 to carry out the
provisions of paragraph (1)(A); and
(B) $5,000,000 for each of fiscal years 2022 through 2026
to carry out the provisions of paragraph (1)(B).
(f) Conformity Review; Effective Dates.--
(1) Unemployment amendments.--
(A) Conformity review.--
(i) Initial guidance.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Labor shall
issue guidance describing the requirements States must
satisfy to conform to the amendments made by subsections (a)
and (b).
(ii) Request for transmittal of information from states.--
Not later than 30 days after the issuance of guidance under
clause (i), the Secretary of Labor shall issue a request for
the transmittal of information from States relating to the
laws, regulations, and policies each State identifies to
satisfy such requirements.
(iii) Deadline for submission of laws, regulations, and
policies from states.--Not later than 120 days after the
issuance of the request under clause (ii), each State which
has an unemployment compensation law approved by the
Secretary of Labor under the Federal Unemployment Tax Act
shall submit to the Secretary the laws, regulations, and
policies identified pursuant to such clause.
(iv) Notification of the results of review to states.--Not
later than 60 days after the expiration of the deadline
described in clause (iii), the Secretary of Labor shall
notify each State whether the laws, regulations, and policies
identified by the State under such clause satisfy the
requirements described pursuant to clause (i) and, to the
extent such laws, regulations, and policies fail to satisfy
such requirements, the Secretary of Labor shall inform the
State of the steps the State may take to remedy such failure
and provide any necessary technical assistance.
(B) Effective dates for unemployment amendments.--
(i) Provisions relating to survivors of domestic
violence.--The amendment made by subsection (a)(1) shall
apply with respect to weeks of unemployment beginning on or
after the date that is 60 days after the earlier of--
(I) the date on which a State is notified by the Secretary
of Labor under subparagraph (A)(iv) that the laws,
regulations, and policies identified by the State satisfy the
requirements described pursuant to subparagraph (A)(i); or
(II) in the case of a State that is notified by the
Secretary of Labor under subparagraph (A)(iv) that the laws,
regulations, and policies identified by the State fail to
satisfy such requirements, 1 year after the date of such
notification.
(ii) Provisions relating to victims of sexual harassment
and survivors of sexual assault or stalking.--The amendment
made by subsection (a)(2) shall apply with respect to weeks
of unemployment beginning on or after the date that is 60
days after the earlier of--
(I) the date on which a State is notified by the Secretary
of Labor under subparagraph (A)(iv) that the laws,
regulations, and policies identified by the State satisfy the
requirements described pursuant to subparagraph (A)(i); or
(II) in the case of a State that is notified by the
Secretary of Labor under subparagraph (A)(iv) that the laws,
regulations, and policies identified by the State fail to
satisfy such requirements, 2 years after the date of such
notification.
(iii) Provisions relating to documentation required.--The
amendment made by subsection (a)(3) shall apply with respect
to weeks of unemployment beginning on or after the date that
is 2 years after the date of enactment of this Act.
(2) TANF amendment.--
(A) In general.--Except as provided in subparagraph (B),
the amendment made by subsection (c) shall be applicable in
the next State plan submitted after the date of enactment of
this Act.
(B) Extension of effective date for state law amendment.--
In the case of a State plan under part A of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State action (including
legislation, regulation, or other administrative action) in
order for the plan to meet the additional requirements
imposed by the amendment made by subsection (c), the State
plan shall not be regarded as failing to comply with the
requirements of such amendment on the basis of its failure to
meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered
to be a separate regular session of the State legislature.
SEC. 704. STUDY AND REPORTS ON BARRIERS TO SURVIVORS'
ECONOMIC SECURITY ACCESS.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a
study on the barriers that survivors of domestic violence,
dating violence, sexual assault, or stalking throughout the
United States experience in maintaining economic security as
a result of issues related to domestic violence, dating
violence, sexual assault, or stalking.
(b) Reports.--Not later than 1 year after the date of
enactment of this title, and every 5 years thereafter, the
Secretary of Health and Human Services, in consultation with
the Secretary of Labor, shall submit a report to Congress on
the study conducted under subsection (a).
(c) Contents.--The study and reports under this section
shall include--
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the
ability of survivors of domestic violence, dating violence,
sexual assault, or stalking to exercise--
(A) any rights under this Act without compromising personal
safety or the safety of others, including family members and
excluding the abuser; and
(B) other components of economic security, including
financial empowerment, affordable housing, transportation,
healthcare access, and quality education and training
opportunities;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis
of the extent and impact of such shortage;
(3) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act without compromising personal safety or the
safety of others, including family members;
(4) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement tools to ensure
successful implementation of the provisions of this Act in
order to support the economic security and safety of
survivors of domestic violence, dating violence, sexual
assault, or stalking; and
(5) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues
related to domestic violence, dating violence, sexual
assault, or stalking.
SEC. 705. GAO STUDY.
Not later than 18 months after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that examines,
with respect to survivors of domestic violence, dating
violence, sexual assault, or stalking who are, or were,
enrolled at institutions of higher education and borrowed a
loan made, insured, or guaranteed under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for
which the survivors have not repaid the total interest and
principal due, each of the following:
(1) The implications of domestic violence, dating violence,
sexual assault, or stalking on a borrower's ability to repay
their Federal student loans.
(2) The adequacy of policies and procedures regarding
Federal student loan deferment, forbearance, and grace
periods when a survivor
[[Page H1447]]
has to suspend or terminate the survivor's enrollment at an
institution of higher education due to domestic violence,
dating violence, sexual assault, or stalking.
(3) The adequacy of institutional policies and practices
regarding retention or transfer of credits when a survivor
has to suspend or terminate the survivor's enrollment at an
institution of higher education due to domestic violence,
dating violence, sexual assault, or stalking.
(4) The availability or any options for a survivor of
domestic violence, dating violence, sexual assault, or
stalking who attended an institution of higher education that
committed unfair, deceptive, or abusive acts or practices, or
otherwise substantially misrepresented information to
students, to be able to seek a defense to repayment of the
survivor's Federal student loan.
(5) The limitations faced by a survivor of domestic
violence, dating violence, sexual assault, or stalking to
obtain any relief or restitution on the survivor's Federal
student loan debt due to the use of forced arbitration, gag
orders, or bans on class actions.
SEC. 706. EDUCATION AND INFORMATION PROGRAMS FOR SURVIVORS.
(a) Public Education Campaign.--
(1) In general.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services (though the
Director of the Centers for Disease Control and Prevention),
the Attorney General (through the Director of the Office on
Violence Against Women), and the grant recipient under
section 41501 of the Violence Against Women Act of 1994 that
establishes the national resource center on workplace
responses to assist victims of domestic and sexual violence,
shall coordinate and provide for a national public outreach
and education campaign to raise public awareness of the
workplace impact of domestic violence, dating violence,
sexual assault, and stalking, including outreach and
education for employers, service providers, teachers, and
other key partners. This campaign shall pay special attention
to ensure that survivors are made aware of the existence of
the following types of workplace laws (federal and/or State):
anti-discrimination laws that bar treating survivors
differently; leave laws, both paid and unpaid that are
available for use by survivors; unemployment insurance laws
and policies that address survivor eligibility. The provision
of outreach and education under this paragraph shall be
conducted in a manner that is equally effective for and
accessible to people with disabilities and people without
disabilities.
(2) Dissemination.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services and the
Attorney General, as described in paragraph (1), may
disseminate information through the public outreach and
education campaign on the resources and rights referred to in
this subsection directly or through arrangements with health
agencies, professional and nonprofit organizations, consumer
groups, labor organizations, institutions of higher
education, clinics, the media, and Federal, State, and local
agencies.
(3) Information.--The information disseminated under
paragraph (2) shall include, at a minimum, a description of--
(A) the resources and rights that are--
(i) available to survivors of domestic violence, dating
violence, sexual assault, or stalking; and
(ii) established in this Act and the Violence Against Women
Act of 1994 (34 U.S.C. 12291 et seq.);
(B) guidelines and best practices on prevention of domestic
violence, dating violence, stalking, and sexual assault;
(C) resources that promote healthy relationships and
communication skills;
(D) resources that encourage bystander intervention in a
situation involving domestic violence, dating violence,
stalking, or sexual assault;
(E) resources that promote workplace policies that support
and help maintain the economic security of survivors of
domestic violence, dating violence, sexual assault, or
stalking, including guidelines and best practices to promote
the creation of effective employee assistance programs; and
(F) resources and rights that the heads of Federal agencies
described in paragraph (2) determine are appropriate to
include.
(4) Common languages.--The Secretary of Labor shall ensure
that the information disseminated to survivors under
paragraph (2) is made available in commonly encountered
languages.
(b) Definitions.--In this section:
(1) Employee.--
(A) In general.--The term ``employee'' means any individual
employed by an employer. In the case of an individual
employed by a public agency, such term means an individual
employed as described in section 3(e)(2) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time basis,
for a fixed time period, on a temporary basis, pursuant to a
detail, or as a participant in a work assignment as a
condition of receipt of Federal or State income-based public
assistance.
(2) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any industry
or activity affecting commerce who employs 15 or more
individuals; and
(B) includes any person acting directly or indirectly in
the interest of an employer in relation to an employee, and
includes a public agency that employs individuals as
described in section 3(e)(2) of the Fair Labor Standards Act
of 1938, but does not include any labor organization (other
than when acting as an employer) or anyone acting in the
capacity of officer or agent of such labor organization.
(3) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(c) Study on Workplace Responses.--The Secretary of Labor,
in conjunction with the Secretary of Health and Human
Services, shall conduct a study on the status of workplace
responses to employees who experience domestic violence,
dating violence, sexual assault, or stalking while employed,
in each State and nationally, to improve the access of
survivors of domestic violence, dating violence, sexual
assault, or stalking to supportive resources and economic
security.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, such sums as
may be necessary for each of fiscal years 2022 through 2026.
SEC. 707. SEVERABILITY.
If any provision of this Act, any amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of the provisions of this Act, the amendments made
by this Act, and the application of such provisions or
amendments to any person or circumstance shall not be
affected.
TITLE VIII--HOMICIDE REDUCTION INITIATIVES
SEC. 801. PROHIBITING PERSONS CONVICTED OF MISDEMEANOR CRIMES
AGAINST DATING PARTNERS AND PERSONS SUBJECT TO
PROTECTION ORDERS.
Section 921(a) of title 18, United States Code, is
amended--
(1) in paragraph (32), by striking all that follows after
``The term `intimate partner' '' and inserting the following:
``--
``(A) means, with respect to a person, the spouse of the
person, a former spouse of the person, an individual who is a
parent of a child of the person, and an individual who
cohabitates or has cohabited with the person; and
``(B) includes--
``(i) a dating partner or former dating partner; and
``(ii) any other person similarly situated to a spouse.
Nothing in this paragraph may be construed to require that
sexual contact between two persons have occurred to establish
the existence of any relationship for purposes of this
paragraph. For purposes of this paragraph, the term `dating
partner' means, with respect to person, a person who is or
has been in a social relationship of a romantic or intimate
nature with the person.'';
(2) in paragraph (33)(A)--
(A) in the matter preceding clause (i), by striking
``Except as provided in subparagraph (C), the term'' and
inserting ``The term'';
(B) in clause (i), by inserting after ``Federal, State,''
the following: ``local,''; and
(C) in clause (ii), by inserting ``intimate partner,''
after ``spouse,'' each place it appears;
(3) by redesignating paragraphs (34) and (35) as paragraphs
(35) and (36) respectively; and
(4) by inserting after paragraph (33) the following:
``(34)(A) The term `misdemeanor crime of stalking' means an
offense that--
``(i) is a misdemeanor crime of stalking under Federal,
State, Tribal, or municipal law; and
``(ii) is a course of harassment, intimidation, or
surveillance of another person that--
``(I) places that person in reasonable fear of material
harm to the health or safety of--
``(aa) that person;
``(bb) an immediate family member (as defined in section
115) of that person;
``(cc) a household member of that person; or
``(dd) a spouse or intimate partner of that person; or
``(II) causes, attempts to cause, or would reasonably be
expected to cause emotional distress to a person described in
item (aa), (bb), (cc), or (dd) of subclause (I).
``(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
``(i) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in
the case; and
``(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was entitled
to a jury trial in the jurisdiction in which the case was
tried, either--
``(I) the case was tried by a jury; or
``(II) the person knowingly and intelligently waived the
right to have the case tried by a jury, by guilty plea or
otherwise.
``(C) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter if
the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has had
civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such
an offense) unless the pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.''.
SEC. 802. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT TO
COURT ORDER FROM POSSESSING A FIREARM.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``that restrains such
person'' and all that follows, and inserting ``described in
subsection (g)(8);'';
(B) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking.''; and
(2) in subsection (g)--
(A) by amending paragraph (8) to read as follows:
``(8) who is subject to a court order--
``(A) that was issued--
[[Page H1448]]
``(i) after a hearing of which such person received actual
notice, and at which such person had an opportunity to
participate; or
``(ii) in the case of an ex parte order, relative to which
notice and opportunity to be heard are provided--
``(I) within the time required by State, Tribal, or
territorial law; and
``(II) in any event within a reasonable time after the
order is issued, sufficient to protect the due process rights
of the person;
``(B) that restrains such person from--
``(i) harassing, stalking, or threatening an intimate
partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the
partner or child; or
``(ii) intimidating or dissuading a witness from testifying
in court; and
``(C) that--
``(i) includes a finding that such person represents a
credible threat to the physical safety of such individual
described in subparagraph (B); or
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
individual described in subparagraph (B) that would
reasonably be expected to cause bodily injury;'';
(B) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking,''.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) American Indians and Alaska Natives are 2.5 times as
likely to experience violent crimes--and at least 2 times
more likely to experience rape or sexual assault crimes--
compared to all other races.
(2) More than 4 in 5 American Indian and Alaska Native
women, or 84.3 percent, have experienced violence in their
lifetime.
(3) The vast majority of Native victims--96 percent of
women and 89 percent of male victims--report being victimized
by a non-Indian.
(4) Native victims of sexual violence are three times as
likely to have experienced sexual violence by an interracial
perpetrator as non-Hispanic White victims and Native stalking
victims are nearly 4 times as likely to be stalked by someone
of a different race.
(5) While Tribes exercising jurisdiction over non-Indians
have reported significant successes, the inability to
prosecute crimes related to the Special Domestic Violence
Criminal Jurisdiction crimes continues to leave Tribes unable
to fully hold domestic violence offenders accountable.
(6) Tribal prosecutors report that the majority of domestic
violence cases involve children either as witnesses or
victims, and Department of Justice reports that American
Indian and Alaska Native children suffer exposure to violence
at rates higher than any other race in the United States.
(7) Childhood exposure to violence has immediate and long-
term effects, including: increased rates of altered
neurological development, poor physical and mental health,
poor school performance, substance abuse, and
overrepresentation in the juvenile justice system.
(8) According to the Centers for Disease Control and
Prevention, homicide is the third leading cause of death
among American Indian and Alaska Native women between 10 and
24 years of age and the fifth leading cause of death for
American Indian and Alaska Native women between 25 and 34
years of age.
(9) On some reservations, Indian women are murdered at more
than 10 times the national average.
(10) According to a 2010 Government Accountability Office
report, United States Attorneys declined to prosecute nearly
52 percent of violent crimes that occur in Indian country.
(11) Investigation into cases of missing and murdered
Indian women is made difficult for Tribal law enforcement
agencies due to a lack of resources, such as--
(A) necessary training, equipment, or funding;
(B) a lack of interagency cooperation;
(C) a lack of appropriate laws in place; and
(D) a lack of access to Federal, State, and local law
enforcement databases.
(12) Domestic violence calls are among the most dangerous
calls that law enforcement receives.
(13) The complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the ability to
provide public safety to Indian communities;
(B) has been increasingly exploited by criminals; and
(C) requires a high degree of commitment and cooperation
among Tribal, Federal, and State law enforcement officials.
(14) Restoring and enhancing local, Tribal capacity to
address violence against women provides for greater local
control, safety, accountability, and transparency.
(15) In States with restrictive land settlement acts such
as Alaska, ``Indian country'' is limited, resources for local
Tribal responses either nonexistent or insufficient to meet
the needs, jurisdiction unnecessarily complicated and
increases the already high levels of victimization of
American Indian and Alaska Native women. According to the
Tribal Law and Order Act Commission Report, Alaska Native
women are over-represented in the domestic violence victim
population by 250 percent; they comprise 19 percent of the
State population, but are 47 percent of reported rape
victims. And among other Indian Tribes, Alaska Native women
suffer the highest rates of domestic and sexual violence in
the country.
(b) Purposes.--The purposes of this title are--
(1) to clarify the responsibilities of Federal, State,
Tribal, and local governments with respect to responding to
cases of domestic violence, dating violence, stalking,
trafficking, sexual violence, crimes against children, and
assault against Tribal law enforcement officers and murdered
Indians;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies;
(3) to empower Tribal governments with the resources and
information necessary to effectively respond to cases of
domestic violence, dating violence, stalking, sex
trafficking, sexual violence, and missing and murdered
Indians; and
(4) to increase the collection of data related to missing
and murdered Indians and the sharing of information among
Federal, State, and Tribal officials responsible for
responding to and investigating cases of missing and murdered
Indians.
SEC. 902. AUTHORIZING FUNDING FOR THE TRIBAL ACCESS PROGRAM.
(a) In General.--Section 534 of title 28, United States
Code, is amended by adding at the end the following:
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $3,000,000 for each of fiscal years 2022
through 2026, to remain available until expended, for the
purposes of enhancing the ability of Tribal government
entities to access, enter information into, and obtain
information from, Federal criminal information databases, as
authorized by this section.''.
(b) Indian Tribe and Indian Law Enforcement Information
Sharing.--Section 534 of title 28, United States Code, is
further amended by amending subsection (d) to read as
follows:
``(d) Indian Tribe and Indian Law Enforcement Information
Sharing.--The Attorney General shall permit Tribal law
enforcement entities (including entities designated by a
Tribe as maintaining public safety within a Tribe's
territorial jurisdiction that has no federal or state arrest
authority) and Bureau of Indian Affairs law enforcement
agencies--
``(1) to access and enter information into Federal criminal
information databases; and
``(2) to obtain information from the databases.''.
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.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly
known as the ``Indian Civil Rights Act of 1968'') is
amended--
(1) in the heading, by striking ``crimes of domestic
violence'' and inserting ``crimes of domestic violence,
dating violence, obstruction of justice, sexual violence, sex
trafficking, stalking, and assault of a law enforcement or
corrections officer'';
(2) in subsection (a)(6), in the heading, by striking
``Special domestic violence criminal jurisdiction'' and
inserting ``Special tribal criminal jurisdiction'';
(3) by striking ``special domestic violence criminal
jurisdiction'' each place such term appears and inserting
``special Tribal criminal jurisdiction'';
(4) in subsection (a)--
(A) by adding at the end the following:
``(12) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person proscribed by
the criminal law of the Indian Tribe that has jurisdiction
over the Indian country where the violation occurs that would
cause a reasonable person to--
``(A) fear for the person's safety or the safety of others;
or
``(B) suffer substantial emotional distress.'';
(B) by redesignating paragraphs (6) and (7) as paragraphs
(10) and (11);
(C) by inserting before paragraph (10) (as redesignated)
the following:
``(8) Sex trafficking.--
``(A) In general.--The term `sex trafficking' means
conduct--
``(i) consisting of--
``(I) recruiting, enticing, harboring, transporting,
providing, obtaining, advertising, maintaining, patronizing,
or soliciting by any means a person; or
``(II) benefitting, financially or by receiving anything of
value, from participation in a venture that has engaged in an
act described in subclause (I); and
``(ii) carried out with the knowledge, or, except where the
act constituting the violation of clause (i) is advertising,
in reckless disregard of the fact, that--
``(I) means of force, threats of force, fraud, coercion, or
any combination of such means will be used to cause the
person to engage in a commercial sex act; or
``(II) the person has not attained the age of 18 years and
will be caused to engage in a commercial sex act.
``(B) Definitions.--In this paragraph, the terms `coercion'
and `commercial sex act' have the meanings given the terms in
section 1591(e) of title 18, United States Code.
``(9) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act or contact proscribed by the
criminal law of the Indian Tribe that has jurisdiction over
the Indian country where the violation occurs, including in
any case in which the victim lacks the capacity to consent to
the act.'';
(D) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7);
(E) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4);
(F) in paragraph (3) (as redesignated), to read as follows:
``(3) Domestic violence.--The term `domestic violence'
means violence--
[[Page H1449]]
``(A) committed by a current or former spouse or intimate
partner of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse or
intimate partner, or by a person similarly situated to a
spouse of the victim under the domestic- or family- violence
laws of an Indian Tribe that has jurisdiction over the Indian
country where the violence occurs; or
``(B)(i) committed against a victim who is a child under
the age of 18, or an elder (as such term is defined by Tribal
law), including when an offender recklessly engages in
conduct that creates a substantial risk of death or serious
bodily injury to the victim, or committed as described in
subparagraph (A) while the child or elder is present; and
``(ii) the child or elder--
``(I) resides or has resided in the same household as the
offender;
``(II) is related to the offender by blood or marriage;
``(III) is related to another victim of the offender by
blood or marriage;
``(IV) is under the care of a victim of the offender who is
an intimate partner or former spouse; or
``(V) is under the care of a victim of the offender who is
similarly situated to a spouse of the victim under the
domestic- or family- violence laws of an Indian Tribe that
has jurisdiction over the Indian country where the violence
occurs.'';
(G) by inserting before paragraph (2) (as redesignated),
the following:
``(1) Assault of a law enforcement or correctional
officer.--The term `assault of a law enforcement or
correctional officer' means any criminal violation of the law
of the Indian Tribe that has jurisdiction over the Indian
country where the violation occurs that involves the
threatened, attempted, or actual harmful or offensive
touching of a law enforcement or correctional officer.''; and
(H) by inserting after paragraph (4) (as redesignated), the
following:
``(5) Obstruction of justice.--The term `obstruction of
justice' means any violation of the criminal law of the
Indian Tribe that has jurisdiction over the Indian country
where the violation occurs, and the violation involves
interfering with the administration or due process of the
Tribe's laws including any Tribal criminal proceeding or
investigation of a crime.'';
(5) in subsection (b)(1), by inserting after ``the powers
of self-government of a participating Tribe'' the following:
``, including any participating Tribes in the State of
Maine,'';
(6) in subsection (b)(4)--
(A) in subparagraph (A)(i), by inserting after ``over an
alleged offense'' the following: ``, other than obstruction
of justice or an act of assault of a law enforcement or
corrections officer,''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``or'' at the end;
(ii) in clause (iii)(II), by striking the period at the end
and inserting the following: ``; or''; and
(iii) by adding at the end the following:
``(iv) is being prosecuted for a crime of sexual violence,
stalking, sex trafficking, obstructing justice, or assaulting
a police or corrections officer under the laws of the
prosecuting Tribe.'';
(7) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``domestic violence'' and inserting ``Tribal''; and
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``and dating
violence'' and inserting ``, dating violence, obstruction of
justice, sexual violence, stalking, sex trafficking, or
assault of a law enforcement or corrections officer''; and
(ii) by striking ``or dating violence'' and inserting ``,
dating violence, obstruction of justice, sexual violence,
stalking, sex trafficking, or assault of a law enforcement or
corrections officer'';
(8) in subsection (d), by striking ``domestic violence''
each place it appears and inserting ``Tribal'';
(9) by striking subsections (f), (g), and (h) and inserting
the following:
``(f) Grants and Reimbursement to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General is authorized to
reimburse Tribal government authorities for expenses incurred
in exercising special Tribal criminal jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement shall include--
``(i) expenses incurred to arrest or prosecute offenders
and to detain inmates (including costs associated with
providing health care);
``(ii) expenses related to indigent defense services; and
``(iii) costs associated with probation and rehabilitation
services.
``(C) Procedure.--Reimbursements authorized pursuant to
this section shall be in accordance with rules promulgated by
the Attorney General after consultation with Indian Tribes
and within 1 year after the date of enactment of this Act.
The rules promulgated by the Department shall set a maximum
allowable reimbursement to any Tribal government in a 1-year
period.
``(2) Grants.--The Attorney General may award grants to the
governments of Indian Tribes (or to authorized designees of
those governments)--
``(A) to strengthen Tribal criminal justice systems to
assist Indian Tribes in exercising special Tribal criminal
jurisdiction, including--
``(i) law enforcement (including the capacity of law
enforcement, court personnel, or other non-law enforcement
entities that have no Federal or State arrest authority
agencies but have been designated by a Tribe as responsible
for maintaining public safety within its territorial
jurisdiction, to enter information into and obtain
information from national crime information databases);
``(ii) prosecution;
``(iii) trial and appellate courts (including facilities
construction);
``(iv) probation systems;
``(v) detention and correctional facilities (including
facilities construction);
``(vi) alternative rehabilitation centers;
``(vii) culturally appropriate services and assistance for
victims and their families; and
``(viii) criminal codes and rules of criminal procedure,
appellate procedure, and evidence;
``(B) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost
to the defendant, in criminal proceedings in which a
participating Tribe prosecutes--
``(i) a crime of domestic violence;
``(ii) a crime of dating violence;
``(iii) a criminal violation of a protection order;
``(iv) a crime of sexual violence;
``(v) a crime of stalking;
``(vi) a crime of sex trafficking;
``(vii) a crime of obstruction of justice; or
``(viii) a crime of assault of a law enforcement or
correctional officer;
``(C) to ensure that, in criminal proceedings in which a
participating Tribe exercises special Tribal criminal
jurisdiction, jurors are summoned, selected, and instructed
in a manner consistent with all applicable requirements;
``(D) to accord victims of domestic violence, dating
violence, sexual violence, stalking, sex trafficking,
obstruction of justice, assault of a law enforcement or
correctional officer, and violations of protection orders
rights that are similar to the rights of a crime victim
described in section 3771(a) of title 18, consistent with
Tribal law and custom; and
``(E) to create a pilot project to allow up to five Indian
Tribes in Alaska to implement special Tribal criminal
jurisdiction.
``(g) Supplement, Not Supplant.--Amounts made available
under this section shall supplement and not supplant any
other Federal, State, Tribal, or local government amounts
made available to carry out activities described in this
section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated $7,000,000 for each of fiscal
years 2022 through 2026 to carry out subsection (f) and to
provide training, technical assistance, data collection, and
evaluation of the criminal justice systems of participating
Tribes.
``(i) Use of Funds.--Not less than 25 percent of the total
amount of funds appropriated under this section in a given
year shall be used for each of the purposes described in
paragraphs (1) and (2) of subsection (f), with remaining
funds available to be distributed for either of the purposes
described in paragraph (1) or (2) of subsection (f), or any
combination of such purposes, depending on need and in
consultation with Indian Tribes.'';
(10) by inserting after subsection (i) the following:
``(j) Indian Country Defined.--For purposes of the pilot
project described in subsection (f)(5), the definition of
`Indian country' shall include--
``(1) Alaska Native-owned Townsites, Allotments, and former
reservation lands acquired in fee by Alaska Native Village
Corporations pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 33) and other lands transferred in fee to
Native villages; and
``(2) all lands within any Alaska Native village with a
population that is at least 75 percent Alaska Native.''.
TITLE X--OFFICE ON VIOLENCE AGAINST WOMEN
SEC. 1001. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.
(a) Establishment of Office on Violence Against Women.--
Section 2002 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10442) is amended--
(1) in subsection (a), by striking ``a Violence Against
Women Office'' and inserting ``an Office on Violence Against
Women'';
(2) in subsection (b), by inserting after ``within the
Department of Justice'' the following: ``, not subsumed by
any other office''; and
(3) in subsection (c)(2), by striking ``Violence Against
Women Act of 1994 (title VI of Public Law 103-322) or the
Violence Against Women Act of 2000 (Division B of Public Law
106-386)'' and inserting ``Violence Against Women Act of 1994
(title VII of Public Law 103-322), the Violence Against Women
Act of 2000 (division B of Public Law 106-386), the Violence
Against Women and Department of Justice Reauthorization Act
of 2005 (Public Law 109-162; 119 Stat. 3080), the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4;
127 Stat. 54), and the Violence Against Women Act
Reauthorization Act of 2021''.
(b) Director of the Office on Violence Against Women.--
Section 2003 of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10443) is amended to read as follows:
``SEC. 2003. DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST
WOMEN.
``(a) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint a Director for the
Office on Violence Against Women (in this title referred to
as the `Director') to be responsible, under the general
authority of the Attorney General, for the administration,
coordination, and implementation of the programs and
activities of the Office.
``(b) Other Employment.--The Director shall not--
``(1) engage in any employment other than that of serving
as Director; or
``(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office
makes any contract or
[[Page H1450]]
other agreement under the Violence Against Women Act of 1994
(title IV of Public Law 103-322), the Violence Against Women
Act of 2000 (division B of Public Law 106-386), the Violence
Against Women and Department of Justice Reauthorization Act
of 2005 (Public Law 109-162; 119 Stat. 3080), the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4;
127 Stat. 54), or the Violence Against Women Act
Reauthorization Act of 2021.
``(c) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director
during the vacancy.
``(d) Compensation.--The Director shall be compensated at a
rate of pay not to exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.''.
(c) Duties and Functions of Director of the Office on
Violence Against Women.--Section 2004 of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10444) is
amended to read as follows:
``SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF THE OFFICE
ON VIOLENCE AGAINST WOMEN.
``The Director shall have the following duties:
``(1) Maintaining liaison with the judicial branches of the
Federal and State Governments on matters relating to violence
against women.
``(2) Providing information to the President, the Congress,
the judiciary, State, local, and Tribal governments, and the
general public on matters relating to violence against women.
``(3) Serving, at the request of the Attorney General, as
the representative of the Department of Justice on domestic
task forces, committees, or commissions addressing policy or
issues relating to violence against women.
``(4) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to violence against women in international
fora, including, but not limited to, the United Nations.
``(5) Carrying out the functions of the Department of
Justice under the Violence Against Women Act of 1994 (title
IV of Public Law 103-322), the Violence Against Women Act of
2000 (division B of Public Law 106-386), the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4; 127
Stat. 54), and the Violence Against Women Act Reauthorization
Act of 2021, including with respect to those functions--
``(A) the development of policy, protocols, and guidelines;
``(B) the development and management of grant programs and
other programs, and the provision of technical assistance
under such programs; and
``(C) the awarding and termination of grants, cooperative
agreements, and contracts.
``(6) Providing technical assistance, coordination, and
support to--
``(A) other components of the Department of Justice, in
efforts to develop policy and to enforce Federal laws
relating to violence against women, including the litigation
of civil and criminal actions relating to enforcing such
laws;
``(B) other Federal, State, local, and Tribal agencies, in
efforts to develop policy, provide technical assistance,
synchronize Federal definitions and protocols, and improve
coordination among agencies carrying out efforts to eliminate
violence against women, including Indian or indigenous women;
and
``(C) grantees, in efforts to combat violence against women
and to provide support and assistance to victims of such
violence.
``(7) Exercising such other powers and functions as may be
vested in the Director pursuant to this subchapter or by
delegation of the Attorney General.
``(8) Establishing such rules, regulations, guidelines, and
procedures as are necessary to carry out any function of the
Office.''.
(d) Staff of Office on Violence Against Women.--Section
2005 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10445) is amended in the heading, by striking
``violence against women office'' and inserting ``office on
violence against women''.
(e) Clerical Amendment.--Section 121(a)(1) of the Violence
Against Women and Department of Justice Reauthorization Act
of 2005 (34 U.S.C. 20124(a)(1)) is amended by striking ``the
Violence Against Women Office'' and inserting ``the Office on
Violence Against Women''.
SEC. 1002. OFFICE ON VIOLENCE AGAINST WOMEN A DEPUTY DIRECTOR
FOR CULTURALLY SPECIFIC COMMUNITIES.
Part T of the Omnibus Crime Control and Safe Streets Act
(34 U.S.C. 10441 et seq.) is amended by inserting after
section 2004 the following:
``SEC. 2004A. DEPUTY DIRECTOR FOR CULTURALLY SPECIFIC
COMMUNITIES.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Deputy Director for Culturally
Specific Communities.
``(b) Duties.--The Deputy Director shall, under the
guidance and authority of the Director of the Office on
Violence Against Women--
``(1) oversee the administration of grants related to
culturally specific services and contracts with culturally
specific organizations;
``(2) coordinate development of Federal policy, protocols,
and guidelines on matters relating to domestic violence,
dating violence, sexual assault, and stalking, in culturally
specific communities;
``(3) advise the Director of the Office on Violence Against
Women concerning policies, legislation, implementation of
laws, and other issues relating to domestic violence, dating
violence, sexual assault, and stalking in culturally specific
communities;
``(4) provide technical assistance, coordination, and
support to other offices and bureaus in the Department of
Justice to develop policy and to enforce Federal laws
relating to domestic violence, dating violence, sexual
assault, and stalking in culturally specific communities;
``(5) ensure that appropriate technical assistance,
developed and provided by entities having expertise in
culturally specific communities is made available to grantees
and potential grantees proposing to serve culturally specific
communities; and
``(6) ensure access to grants and technical assistance for
culturally specific organizations and analyze the
distribution of funding in order to identify barriers for
culturally specific organizations.''.
TITLE XI--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
SEC. 1101. IMPROVING THE TREATMENT OF PRIMARY CARETAKER
PARENTS AND OTHER INDIVIDUALS IN FEDERAL
PRISONS.
(a) Short Title.--This section may be cited as the ``Ramona
Brant Improvement of Conditions for Women in Federal Custody
Act''.
(b) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `covered institution' means a Federal penal
or correctional institution;
``(3) the term `Director' means the Director of the Bureau
of Prisons;
``(4) the term `post-partum recovery' means the first 8-
week period of post-partum recovery after giving birth;
``(5) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Family Unity
Demonstration Project Act (34 U.S.C. 12242);
``(6) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution,
including a vulnerable person; and
``(7) the term `vulnerable person' means an individual
who--
``(A) is under 21 years of age or over 60 years of age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual, transgender, or
intersex;
``(D) is victim or witness of a crime;
``(E) has filed a nonfrivolous civil rights claim in
Federal or State court;
``(F) has a serious mental or physical illness or
disability; or
``(G) during the period of incarceration, has been
determined to have experienced or to be experiencing severe
trauma or to be the victim of gender-based violence--
``(i) by any court or administrative judicial proceeding;
``(ii) by any corrections official;
``(iii) by the individual's attorney or legal service
provider; or
``(iv) by the individual.
``(b) Geographic Placement.--
``(1) Establishment of office.--The Director shall
establish within the Bureau of Prisons an office that
determines the placement of prisoners.
``(2) Placement of prisoners.--In determining the placement
of a prisoner, the office established under paragraph (1)
shall--
``(A) if the prisoner has children, place the prisoner as
close to the children as possible;
``(B) in deciding whether to assign a transgender or
intersex prisoner to a facility for male or female prisoners,
and in making other housing and programming assignments,
consider on a case-by-case basis whether a placement would
ensure the prisoner's health and safety, including serious
consideration of the prisoner's own views with respect to
their safety, and whether the placement would present
management or security problems; and
``(C) consider any other factor that the office determines
to be appropriate.
``(c) Prohibition on Placement of Pregnant Prisoners or
Prisoners in Post-Partum Recovery in Segregated Housing
Units.--
``(1) Placement in segregated housing units.--A covered
institution may not place a prisoner who is pregnant or in
post-partum recovery in a segregated housing unit unless the
prisoner presents an immediate risk of harm to the prisoner
or others.
``(2) Restrictions.--Any placement of a prisoner described
in subparagraph (A) in a segregated housing unit shall be
limited and temporary.
``(d) Parenting Classes.--The Director shall provide
parenting classes to each prisoner who is a primary caretaker
parent, and such classes shall be made available to prisoners
with limited English proficiency in compliance with title VI
of the Civil Rights Act of 1964.
``(e) Trauma Screening.--The Director shall provide
training, including cultural competency training, to each
correctional officer and each employee of the Bureau of
Prisons who regularly interacts with prisoners, including
each instructor and health care professional, to enable those
correctional officers and employees to--
``(1) identify a prisoner who has a mental or physical
health need relating to trauma the prisoner has experienced;
and
``(2) refer a prisoner described in paragraph (1) to the
proper healthcare professional for treatment.
``(f) Inmate Health.--
``(1) Health care access.--The Director shall ensure that
all prisoners receive adequate health care.
``(2) Hygienic products.--The Director shall make essential
hygienic products, including shampoo, toothpaste,
toothbrushes, and any other hygienic product that the
Director determines appropriate, available without charge to
prisoners.
[[Page H1451]]
``(3) Gynecologist access.--The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
``(g) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall make rules under
which--
``(A) a correctional officer may not conduct a strip search
of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of immediate harm to the
prisoner or others, and no other correctional officer of the
same sex as the prisoner, or medical staff is available to
assist; or
``(ii) the prisoner has previously requested that an
officer of a different sex conduct searches;
``(B) a correctional officer may not enter a restroom
reserved for prisoners of the opposite sex unless--
``(i) a prisoner in the restroom presents a risk of
immediate harm to themselves or others; or
``(ii) there is a medical emergency in the restroom and no
other correctional officer of the appropriate sex is
available to assist;
``(C) a transgender prisoner's sex is determined according
to the sex with which they identify; and
``(D) a correctional officer may not search or physically
examine a prisoner for the sole purpose of determining the
prisoner's genital status or sex.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the
Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et
seq.).''.
(c) Substance Abuse Treatment.--Section 3621(e) of title
18, United States Code, is amended by adding at the end the
following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Director of the Bureau of Prisons may not
prohibit an eligible prisoner who is a primary caretaker
parent (as defined in section 4051) or pregnant from
participating in a program of residential substance abuse
treatment provided under paragraph (1) on the basis of a
failure by the eligible prisoner, before being committed to
the custody of the Bureau of Prisons, to disclose to any
official of the Bureau of Prisons that the prisoner had a
substance abuse problem on or before the date on which the
eligible prisoner was committed to the custody of the Bureau
of Prisons.''.
(d) Implementation Date.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall implement this section and the amendments made by this
section.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this
section and the amendments made by this section.
(e) Technical and Conforming Amendment.--The table of
sections for chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``4051. Treatment of primary caretaker parents and other
individuals.''.
SEC. 1102. PUBLIC HEALTH AND SAFETY OF WOMEN.
(a) Short Title.--This section may be cited as the ``Stop
Infant Mortality And Recidivism Reduction Act'' or the
``SIMARRA Act''.
(b) Establishment.--Not later than 270 days after the date
of the enactment of this section, the Director of the Federal
Bureau of Prisons (in this section referred to as the
``Director'') shall establish a pilot program (in this
section referred to as the ``Program'') in accordance with
this section to permit women incarcerated in Federal prisons
and the children born to such women during incarceration to
reside together while the inmate serves a term of
imprisonment in a separate housing wing of the prison.
(c) Purposes.--The purposes of this section are to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the unborn fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment as
the cornerstones of a more effective and efficient Federal
prison system;
(4) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address
the pre- and post-natal needs of Federal pregnant offenders,
manage limited resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-based and to suggest
changes, deletions, and expansions based on the results of
such evaluations; and
(6) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run prison
nurseries safely and securely without compromising the scope
or quality of the Department's critical health, safety and
law enforcement missions.
(d) Duties of the Director of Bureau of Prisons.--
(1) In general.--The Director shall carry out this section
in consultation with--
(A) a licensed and board-certified gynecologist or
obstetrician;
(B) the Director of the Administrative Office of the United
States Courts;
(C) the Director of the Office of Probation and Pretrial
Services;
(D) the Director of the National Institute of Justice; and
(E) the Secretary of Health and Human Services.
(2) Duties.--The Director shall, in accordance with
paragraph (3)--
(A) develop an offender risk and needs assessment system
particular to the health and sensitivities of Federally
incarcerated pregnant women and mothers in accordance with
this subsection;
(B) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with
subsection (c);
(C) conduct ongoing research and data analysis on--
(i) the best practices relating to the use of offender risk
and needs assessment tools particular to the health and
sensitivities of federally incarcerated pregnant women and
mothers;
(ii) the best available risk and needs assessment tools
particular to the health and sensitivities of Federally
incarcerated pregnant women and mothers and the level to
which they rely on dynamic risk factors that could be
addressed and changed over time, and on measures of risk of
recidivism, individual needs, and responsiveness to
recidivism reduction programs;
(iii) the most effective and efficient uses of such tools
in conjunction with recidivism reduction programs, productive
activities, incentives, and rewards; and
(iv) which recidivism reduction programs are the most
effective--
(I) for Federally incarcerated pregnant women and mothers
classified at different recidivism risk levels; and
(II) for addressing the specific needs of Federally
incarcerated pregnant women and mothers;
(D) on a biennial basis, review the system developed under
subparagraph (A) and the recommendations developed under
subparagraph (B), using the research conducted under
subparagraph (C), to determine whether any revisions or
updates should be made, and if so, make such revisions or
updates;
(E) hold periodic meetings with the individuals listed in
paragraph (1) at intervals to be determined by the Director;
(F) develop tools to communicate parenting program
availability and eligibility criteria to each employee of the
Bureau of Prisons and each pregnant inmate to ensure that
each pregnant inmate in the custody of a Bureau of Prisons
facility understands the resources available to such inmate;
and
(G) report to Congress in accordance with subsection (i).
(3) Methods.--In carrying out the duties under paragraph
(2), the Director shall--
(A) consult relevant stakeholders; and
(B) make decisions using data that is based on the best
available statistical and empirical evidence.
(e) Eligibility.--An inmate may apply to participate in the
Program if the inmate--
(1) is pregnant at the beginning of or during the term of
imprisonment; and
(2) is in the custody or control of the Federal Bureau of
Prisons.
(f) Program Terms.--
(1) Term of participation.--To correspond with the purposes
and goals of the Program to promote bonding during the
critical stages of child development, an eligible inmate
selected for the Program may participate in the Program,
subject to subsection (g), until the earliest of--
(A) the date that the inmate's term of imprisonment
terminates;
(B) the date the infant fails to meet any medical criteria
established by the Director or the Director's designee along
with a collective determination of the persons listed in
subsection (d)(1); or
(C) 30 months.
(2) Inmate requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(A) take substantive steps towards acting in the role of a
parent or guardian to any child of that inmate;
(B) participate in any educational or counseling
opportunities established by the Director, including topics
such as child development, parenting skills, domestic
violence, vocational training, or substance abuse, as
appropriate;
(C) abide by any court decision regarding the legal or
physical custody of the child;
(D) transfer to the Federal Bureau of Prisons any child
support payments for the infant of the participating inmate
from any person or governmental entity; and
(E) specify a person who has agreed to take at least
temporary custody of the child if the inmate's participation
in the Program terminates before the inmate's release.
(g) Continuity of Care.--The Director shall take
appropriate actions to prevent detachment or disruption of
either an inmate's or infant's health and bonding-based well-
being due to termination of the Program.
(h) Reporting.--
(1) In general.--Not later than 6 months after the date of
the enactment of this section and once each year thereafter
for 5 years, the Director shall submit a report to the
Congress with regards to progress in implementing the
Program.
(2) Final report.--Not later than 6 months after the
termination of the Program, the Director shall issue a final
report to the Congress that contains a detailed statement of
the Director's findings and conclusions, including
recommendations for legislation, administrative actions, and
regulations the Director considers appropriate.
(i) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $10,000,000
for each of fiscal years 2022 through 2026.
[[Page H1452]]
SEC. 1103. RESEARCH AND REPORT ON WOMEN IN FEDERAL
INCARCERATION.
Not later than 18 months after the date of enactment of
this Act, and thereafter, every other year, the National
Institutes of Justice, in consultation with the Bureau of
Justice Statistics and the Bureau of Prisons (including the
Women and Special Population Branch) shall prepare a report
on the status of women in federal incarceration. Depending on
the topic to be addressed, and the facility, data shall be
collected from Bureau of Prisons personnel and a sample that
is representative of the population of incarcerated women.
The report shall include:
(1) With regard to federal facilities wherein women are
incarcerated--
(A) responses by such women to questions from the Adverse
Childhood Experience (ACES) questionnaire;
(B) demographic data of such women, including sexual
orientation and gender identity;
(C) responses by such women to questions about the extent
of exposure to sexual victimization, sexual violence and
domestic violence (both inside and outside of incarceration);
(D) the number of such women were pregnant at the time that
they entered incarceration;
(E) the number of such women who have children age 18 or
under, and if so, how many; and
(F) the crimes for which such women are incarcerated and
the length of their sentence and to the extent practicable,
any information on the connection between the crime of which
they were convicted & their experience of domestic violence,
dating violence, sexual assault, or stalking.
(2) With regard to all federal facilities where persons are
incarcerated--
(A) a list of best practices with respect to women's
incarceration and transition, including staff led programs,
services and management practices (including making sanitary
products readily available and easily accessible, and access
to and provision of healthcare);
(B) the availability of trauma treatment at each facility
(including number of beds, and number of trained staff);
(C) rates of serious mental illness broken down by gender
and security level and a list of residential programs
available by site; and
(D) the availability of vocational education and a list of
vocational programs provided by each facility.
SEC. 1104. REENTRY PLANNING AND SERVICES FOR INCARCERATED
WOMEN.
The Attorney General, in coordination with the Chief of
U.S. Probation and Pretrial Services and the Director of the
Bureau of Prisons (including Women and Special Population
Branch), shall collaborate on a model of gender responsive
transition for incarcerated women, including the development
of a national standard on prevention with respect to domestic
and sexual violence. In developing the model, the Chief and
the Director shall consult with such experts within the
federal government (including the Office on Violence Against
Women of the Department of Justice) and in the victim service
provider community (including sexual and domestic violence
and homelessness, job training and job placement service
providers) as are necessary to the completion of a
comprehensive plan. Issues addressed should include--
(1) the development by the Bureau of Prisons of a contract
for gender collaborative services; and
(2) identification by re-entry affairs coordinators and
responsive planning for the needs of re-entering women with
respect to--
(A) housing, including risk of homelessness;
(B) previous exposure to and risk for domestic and sexual
violence; and
(C) the need for parenting classes, assistance securing
childcare, or assistance in seeking or securing jobs that
afford flexibility (as might be necessary in the re-entry,
parenting or other contexts).
TITLE XII--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
SEC. 1201. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF
PROHIBITED PURCHASE OR ATTEMPTED PURCHASE OF A
FIREARM.
(a) In General.--Title I of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended by adding at the
end the following:
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF
PROHIBITED PURCHASE OF A FIREARM.
``(a) In General.--In the case of a background check
conducted by the National Instant Criminal Background Check
System pursuant to the request of a licensed importer,
licensed manufacturer, or licensed dealer of firearms (as
such terms are defined in section 921 of title 18, United
States Code), which background check determines that the
receipt of a firearm by a person would violate subsection
(g)(8), (g)(9), or (g)(10) of section 922 of title 18, United
States Code, and such determination is made after 3 business
days have elapsed since the licensee contacted the System and
a firearm has been transferred to that person, the System
shall notify the law enforcement agencies described in
subsection (b).
``(b) Law Enforcement Agencies Described.--The law
enforcement agencies described in this subsection are the law
enforcement agencies that have jurisdiction over the location
from which the licensee contacted the system and the law
enforcement agencies that have jurisdiction over the location
of the residence of the person for which the background check
was conducted, as follows:
``(1) The field office of the Federal Bureau of
Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.
``(4) The Tribal law enforcement agency.''.
(b) Clerical Amendment.--The table of contents of the NICS
Improvement Amendments Act of 2007 (18 10 U.S.C. 922 note) is
amended by inserting after the item relating to section 107
the following:
``Sec. 108. Notification to law enforcement agencies of prohibited
purchase of a firearm.''.
SEC. 1202. REPORTING OF BACKGROUND CHECK DENIALS TO STATE,
LOCAL, AND TRIBAL AUTHORITIES.
(a) In General.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 925A the
following:
``Sec. 925B. Reporting of background check denials to State,
local, and Tribal authorities
``(a) In General.--If the national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)
provides a notice pursuant to section 922(t) of this title
that the receipt of a firearm by a person would violate
subsection (g)(8), (g)(9), or (g)(10) of section 922 of this
title or State law, the Attorney General shall, in accordance
with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would have been
violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought to be
acquired; and
``(E) of the identity of the person; and
``(2) report the incident to local or Tribal law
enforcement authorities and, where practicable, State,
Tribal, or local prosecutors, in the jurisdiction where the
firearm was sought and in the jurisdiction where the person
resides.
``(b) Requirements for Report.--A report is made in
accordance with this subsection if the report is made within
24 hours after the provision of the notice described in
subsection (a), except that the making of the report may be
delayed for so long as is necessary to avoid compromising an
ongoing investigation.
``(c) Rule of Construction.--Nothing in subsection (a)
shall be construed to require a report with respect to a
person to be made to the same State authorities that
originally issued the notice with respect to the person.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 925A the following:
``925B. Reporting of background check denials to State, local, and
Tribal authorities.''.
SEC. 1203. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-
DEPUTIZED ATTORNEYS.
(a) In General.--Chapter 44 of title 18, United States
Code, as amended by this Act, is further amended by inserting
after section 925B the following:
``Sec. 925C. Special assistant U.S. attorneys and cross-
deputized attorneys
``(a) In General.--In order to improve the enforcement of
paragraphs (8), (9), and (10) of section 922(g), the Attorney
General may--
``(1) appoint, in accordance with section 543 of title 28,
qualified State, Tribal, territorial and local prosecutors
and qualified attorneys working for the United States
government to serve as special assistant United States
attorneys for the purpose of prosecuting violations of such
paragraphs;
``(2) deputize State, Tribal, territorial and local law
enforcement officers for the purpose of enhancing the
capacity of the agents of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives in responding to and investigating
violations of such paragraphs; and
``(3) establish, in order to receive and expedite requests
for assistance from State, Tribal, territorial and local law
enforcement agencies responding to intimate partner violence
cases where such agencies have probable cause to believe that
the offenders may be in violation of such paragraphs, points
of contact within--
``(A) each Field Division of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives; and
``(B) each District Office of the United States Attorneys.
``(b) Improve Intimate Partner and Public Safety.--The
Attorney General shall--
``(1) identify no less than 75 jurisdictions among States,
territories and Tribes where there are high rates of firearms
violence and threats of firearms violence against intimate
partners and other persons protected under paragraphs (8),
(9), and (10) of section 922(g) and where local authorities
lack the resources to address such violence; and
``(2) make such appointments as described in subsection (a)
in jurisdictions where enhanced enforcement of such
paragraphs is necessary to reduce firearms homicide and
injury rates.
``(c) Qualified Defined.--For purposes of this section, the
term `qualified' means, with respect to an attorney, that the
attorney is a licensed attorney in good standing with any
relevant licensing authority.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 925B the following:
``925C. Special assistant U.S. attorneys and cross-deputized
attorneys.''.
TITLE XIII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Closing the Law
Enforcement Consent Loophole Act of 2021''.
[[Page H1453]]
SEC. 1302. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE
ACTING UNDER COLOR OF LAW.
(a) In General.--Section 2243 of title 18, United States
Code, is amended--
(1) in the section heading, by adding at the end the
following: ``or by any person acting under color of law'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Of an Individual by Any Person Acting Under Color of
Law.--
``(1) In general.--Whoever, acting under color of law,
knowingly engages in a sexual act with an individual,
including an individual who is under arrest, in detention, or
otherwise in the actual custody of any Federal law
enforcement officer, shall be fined under this title,
imprisoned not more than 15 years, or both.
``(2) Definition.--In this subsection, the term `sexual
act' has the meaning given the term in section 2246.''; and
(4) in subsection (d), as so redesignated, by adding at the
end the following:
``(3) In a prosecution under subsection (c), it is not a
defense that the other individual consented to the sexual
act.''.
(b) Definition.--Section 2246 of title 18, United States
Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) the term `Federal law enforcement officer' has the
meaning given the term in section 115.''.
(c) Clerical Amendment.--The table of sections for chapter
109A of title 18, United States Code, is amended by amending
the item related to section 2243 to read as follows:
``2243. Sexual abuse of a minor or ward or by any person acting under
color of law.''.
SEC. 1303. INCENTIVES FOR STATES.
(a) Authority To Make Grants.--The Attorney General is
authorized to make grants to States that have in effect a law
that--
(1) makes it a criminal offense for any person acting under
color of law of the State to engage in a sexual act with an
individual, including an individual who is under arrest, in
detention, or otherwise in the actual custody of any law
enforcement officer; and
(2) prohibits a person charged with an offense described in
paragraph (1) from asserting the consent of the other
individual as a defense.
(b) Reporting Requirement.--A State that receives a grant
under this section shall submit to the Attorney General, on
an annual basis, information on--
(1) the number of reports made to law enforcement agencies
in that State regarding persons engaging in a sexual act
while acting under color of law during the previous year; and
(2) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported during the
previous year.
(c) Application.--A State seeking a grant under this
section shall submit an application to the Attorney General
at such time, in such manner, and containing such information
as the Attorney General may reasonably require, including
information about the law described in subsection (a).
(d) Grant Amount.--The amount of a grant to a State under
this section shall be in an amount that is not greater than
10 percent of the average of the total amount of funding of
the 3 most recent awards that the State received under the
following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula
Grant Program'').
(2) Section 41601 of the Violence Against Women Act of 1994
(34 U.S.C. 12511) (commonly referred to as the ``Sexual
Assault Services Program'').
(e) Grant Term.--
(1) In general.--The Attorney General shall provide an
increase in the amount provided to a State under the grant
programs described in subsection (d) for a 2-year period.
(2) Renewal.--A State that receives a grant under this
section may submit an application for a renewal of such grant
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(3) Limit.--A State may not receive a grant under this
section for more than 4 years.
(f) Uses of Funds.--A State that receives a grant under
this section shall use--
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of subsection (d); and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of subsection (d).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this chapter $5,000,000 for
each of fiscal years 2022 through 2026.
(h) Definition.--For purposes of this section, the term
``State'' means each of the several States and the District
of Columbia, Indian Tribes, and the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands.
SEC. 1304. REPORTS TO CONGRESS.
(a) Report by Attorney General.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, the Attorney General shall submit to Congress a
report containing--
(1) the information required to be reported to the Attorney
General under section 3(b); and
(2) information on--
(A) the number of reports made, during the previous year,
to Federal law enforcement agencies regarding persons
engaging in a sexual act while acting under color of law; and
(B) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported.
(b) Report by GAO.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Comptroller General of the United States shall submit to
Congress a report on any violations of section 2243(c) of
title 18, United States Code, as amended by section 2,
committed during the 1-year period covered by the report.
SEC. 1305. DEFINITION.
In this title, the term ``sexual act'' has the meaning
given the term in section 2246 of title 18, United States
Code.
TITLE XIV--OTHER MATTERS
SEC. 1401. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12402) is amended by
striking ``2014 through 2018'' and inserting ``2022 through
2026''.
SEC. 1402. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994
(Public Law 103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S
COORDINATORS.
``There are authorized to be appropriated for the United
States Attorneys for the purpose of appointing victim/witness
coordinators for the prosecution of sex crimes and domestic
violence crimes where applicable (such as the District of
Columbia), $1,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 1403. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS REAUTHORIZATION.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.
20334(a)) is amended by striking ``2014 through 2018'' and
inserting ``2022 through 2026''.
SEC. 1404. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12311(c)) is amended by
striking ``2014 through 2018'' and inserting ``2022 through
2026''.
SEC. 1405. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 219(a) of the Crime Control Act of 1990 (34 U.S.C.
20324(a)) is amended by striking ``2014 through 2018'' and
inserting ``2022 through 2026''.
SEC. 1406. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.
Section 304(d) of the DNA Sexual Assault Justice Act of
2004 (34 U.S.C. 40723(d)) is amended by striking ``2019
through 2024'' and inserting ``2022 through 2026''.
SEC. 1407. REVIEW ON LINK BETWEEN SUBSTANCE USE AND VICTIMS
OF DOMESTIC VIOLENCE DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING.
Not later than 24 months after the date of enactment of
this Act, the Secretary of the Department of Health and Human
Services shall complete a review and submit a report to
Congress on whether being a victim of domestic violence,
dating violence, sexual assault, or stalking increases the
likelihood of having a substance use disorder.
SEC. 1408. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS
TO COLLECT DATA ON SEXUAL VIOLENCE.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
establish an interagency working group (in this section
referred to as the ``Working Group'') to study Federal
efforts to collect data on sexual violence and to make
recommendations on the harmonization of such efforts.
(b) Composition.--The Working Group shall be comprised of
at least one representative from the following agencies, who
shall be selected by the head of that agency:
(1) The Centers for Disease Control and Prevention.
(2) The Department of Education.
(3) The Department of Health and Human Services.
(4) The Department of Justice.
(5) The Equal Employment Opportunity Commission.
(c) Duties.--The Working Group shall consider the
following:
(1) What activity constitutes different acts of sexual
violence.
(2) Whether reports that use the same terms for acts of
sexual violence are collecting the same data on these acts.
(3) Whether the context which led to an act of sexual
violence should impact how that act is accounted for in
reports.
(4) Whether the data collected is presented in a way that
allows the general public to understand what acts of sexual
violence are included in each measurement.
(5) Steps that agencies that compile reports relating to
sexual violence can take to avoid double counting incidents
of sexual violence.
(d) Report Required.--Not later than 2 years after the date
of the enactment of this Act, the Working Group shall publish
and submit to Congress a report on the following:
(1) The activities of the Working Group.
(2) Recommendations to harmonize Federal efforts to collect
data on sexual violence.
(3) Actions Federal agencies can take to implement the
recommendations described in paragraph (2).
(4) Recommendations, if any, for congressional action to
implement the recommendations described in paragraph (2).
[[Page H1454]]
(e) Termination.--The Working Group shall terminate 30 days
after the date on which the report is submitted pursuant to
subsection (d).
(f) Definitions.--In this section:
(1) Harmonize.--The term ``harmonize'' includes efforts to
coordinate sexual violence data collection to produce
complementary information, as appropriate, without
compromising programmatic needs.
(2) Sexual violence.--The term ``sexual violence'' includes
an unwanted sexual act (including both contact and non-
contact) about which the Federal Government collects
information.
SEC. 1409. NATIONAL DOMESTIC VIOLENCE HOTLINE.
Not later than 3 months after the date of enactment of this
Act, a national domestic violence hotline for which a grant
is provided under section 313 of the Family Violence
Prevention and Services Act shall include the voluntary
feature of texting via telephone to ensure all methods of
communication are available for victims and those seeking
assistance.
SEC. 1410. DEPUTY ASSISTANT ATTORNEY GENERAL ON CULTURALLY
SPECIFIC COMMUNITIES WITHIN THE OFFICE OF
JUSTICE PROGRAMS.
There shall be a Deputy Assistant Attorney General on
Culturally Specific Communities within the Office of Justice
Programs who shall, under the guidance and authority of the
Assistant Attorney General Office of Justice Programs--
(1) oversee the administration of grants related to
culturally specific services and contracts with culturally
specific organizations;
(2) coordinate development of Federal policy, protocols,
and guidelines on matters relating to domestic violence,
dating violence, sexual assault and stalking, in culturally
specific communities;
(3) advise the Assistant Attorney General of the Office of
Justice Programs concerning policies, legislation,
implementation of laws, and other issues relating to domestic
violence, dating violence, sexual assault and stalking in
culturally specific communities;
(4) provide technical assistance, coordination, and support
to other offices and bureaus in the Department of Justice to
develop policy and to enforce Federal laws relating to
domestic violence, dating violence, sexual assault, and
stalking in culturally specific communities;
(5) ensure that appropriate technical assistance, developed
and provided by entities having expertise in culturally
specific is made available to grantees and potential grantees
proposing to serve culturally specific communities; and
(6) ensure access to grants and technical assistance for
culturally specific organizations and analyze the
distribution of funding in order to identify barriers for
culturally specific organizations.
TITLE XV--CYBERCRIME ENFORCEMENT
SEC. 1501. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT OF
CYBERCRIMES.
(a) In General.--Subject to the availability of
appropriations, the Attorney General shall award grants under
this section to States and units of local government for the
prevention, enforcement, and prosecution of cybercrimes
against individuals.
(b) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State or unit of local
government shall submit an application to the Attorney
General within 90 days after the date on which funds to carry
out this section are appropriated for a fiscal year, in such
form as the Attorney General may require. Such application
shall include the following:
(A) A certification that Federal funds made available under
this section will not be used to supplant State or local
funds, but will be used to increase the amounts of such funds
that would, in the absence of Federal funds, be made
available for law enforcement activities.
(B) An assurance that, not fewer than 30 days before the
application (or any amendment to the application) was
submitted to the Attorney General, the application (or
amendment) was submitted for review to the governing body of
the State or unit of local government (or to an organization
designated by that governing body).
(C) An assurance that, before the application (or any
amendment to the application) was submitted to the Attorney
General--
(i) the application (or amendment) was made public; and
(ii) an opportunity to comment on the application (or
amendment) was provided to citizens and to neighborhood or
community-based organizations, to the extent applicable law
or established procedure makes such an opportunity available.
(D) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such
data, records, and information (programmatic and financial)
as the Attorney General may reasonably require.
(E) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer
of the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
(i) the programs to be funded by the grant meet all the
requirements of this section;
(ii) all the information contained in the application is
correct;
(iii) there has been appropriate coordination with affected
agencies; and
(iv) the applicant will comply with all provisions of this
section and all other applicable Federal laws.
(F) A certification that the State or in the case of a unit
of local government, the State in which the unit of local
government is located, has in effect criminal laws which
prohibit cybercrimes against individuals.
(G) A certification that any equipment described in
subsection (c)(7) purchased using grant funds awarded under
this section will be used primarily for investigations and
forensic analysis of evidence in matters involving
cybercrimes against individuals.
(c) Use of Funds.--Grants awarded under this section may
only be used for programs that provide--
(1) training for State or local law enforcement personnel
relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect victims
of cybercrimes against individuals;
(B) training such personnel to utilize Federal, State,
local, and other resources to assist victims of cybercrimes
against individuals;
(C) training such personnel to identify and investigate
cybercrimes against individuals;
(D) training such personnel to enforce and utilize the laws
that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology to assist
in the investigation of cybercrimes against individuals and
enforcement of laws that prohibit such crimes; and
(F) the payment of overtime incurred as a result of such
training;
(2) training for State or local prosecutors, judges, and
judicial personnel, relating to cybercrimes against
individuals, including--
(A) training such personnel to identify, investigate,
prosecute, or adjudicate cybercrimes against individuals;
(B) training such personnel to utilize laws that prohibit
cybercrimes against individuals;
(C) training such personnel to utilize Federal, State,
local, and other resources to assist victims of cybercrimes
against individuals; and
(D) training such personnel to utilize technology to assist
in the prosecution or adjudication of acts of cybercrimes
against individuals, including the use of technology to
protect victims of such crimes;
(3) training for State or local emergency dispatch
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect victims
of cybercrimes against individuals;
(B) training such personnel to utilize Federal, State,
local, and other resources to assist victims of cybercrimes
against individuals;
(C) training such personnel to utilize technology to assist
in the identification of and response to cybercrimes against
individuals; and
(D) the payment of overtime incurred as a result of such
training;
(4) assistance to State or local law enforcement agencies
in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing
enforcement operations, such as overtime payments;
(5) assistance to State or local law enforcement agencies
in educating the public in order to prevent, deter, and
identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State or local law enforcement agencies
to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and
prosecutions in matters involving cybercrimes against
individuals;
(7) assistance to State or local law enforcement and
prosecutors in acquiring computers, computer equipment, and
other equipment necessary to conduct investigations and
forensic analysis of evidence in matters involving
cybercrimes against individuals, including expenses incurred
in the training, maintenance, or acquisition of technical
updates necessary for the use of such equipment for the
duration of a reasonable period of use of such equipment;
(8) assistance in the facilitation and promotion of
sharing, with State and local law enforcement officers and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit
cybercrimes against individuals, including the use of
multijurisdictional task forces; or
(9) assistance to State and local law enforcement and
prosecutors in processing interstate extradition requests for
violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender
from one State to another.
(d) Report to the Secretary.--On the date that is 1 year
after the date on which a State or unit of local government
receives a grant under this section, and annually thereafter,
the chief executive of such State or unit of local government
shall submit to the Attorney General a report which
contains--
(1) a summary of the activities carried out during the
previous year with any grant received by such State or unit
of local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(e) Report to Congress.--Not later than November 1 of each
even-numbered fiscal year, the Attorney General shall submit
to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (d).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2022 through 2026.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(g) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means the
criminal offenses applicable in the relevant State or unit of
local government
[[Page H1455]]
that involve the use of a computer to cause personal harm to
an individual, such as the use of a computer to harass,
threaten, stalk, extort, coerce, cause fear, intimidate,
without consent distribute intimate images of, or violate the
privacy of, an individual, except that--
(A) use of a computer need not be an element of such an
offense; and
(B) such term does not include the use of a computer to
cause harm to a commercial entity, government agency, or any
non-natural persons.
(2) The term ``computer'' includes a computer network and
an interactive electronic device.
SEC. 1502. NATIONAL RESOURCE CENTER GRANT.
(a) In General.--Subject to the availability of
appropriations, the Attorney General shall award a grant
under this section to an eligible entity for the purpose of
the establishment and maintenance of a National Resource
Center on Cybercrimes Against Individuals to provide resource
information, training, and technical assistance to improve
the capacity of individuals, organizations, governmental
entities, and communities to prevent, enforce, and prosecute
cybercrimes against individuals.
(b) Application.--To request a grant under this section, an
eligible entity shall submit an application to the Attorney
General not later than 90 days after the date on which funds
to carry out this section are appropriated for fiscal year
2022 in such form as the Attorney General may require. Such
application shall include the following:
(1) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such
data, records, and information (programmatic and financial)
as the Attorney General may reasonably require.
(2) A certification, made in a form acceptable to the
Attorney General, that--
(A) the programs funded by the grant meet all the
requirements of this section;
(B) all the information contained in the application is
correct; and
(C) the applicant will comply with all provisions of this
section and all other applicable Federal laws.
(c) Use of Funds.--The eligible entity awarded a grant
under this section shall use such amounts for the
establishment and maintenance of a National Resource Center
on Cybercrimes Against Individuals, which shall--
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other
professionals and interested parties, related to cybercrimes
against individuals, including programs and research related
to victims;
(2) maintain a resource library which shall collect,
prepare, analyze, and disseminate information and statistics
related to--
(A) the incidence of cybercrimes against individuals;
(B) the enforcement, and prosecution of laws relating to
cybercrimes against individuals; and
(C) the provision of supportive services and resources for
victims of cybercrimes against individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals on
victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes against
individuals or to enforce the laws relating to cybercrimes
against individuals.
(d) Duration of Grant.--
(1) In general.--The grant awarded under this section shall
be awarded for a period of 5 years.
(2) Renewal.--A grant under this section may be renewed for
additional 5-year periods if the Attorney General determines
that the funds made available to the recipient were used in a
manner described in subsection (c), and if the recipient
resubmits an application described in subsection (b) in such
form, and at such time as the Attorney General may reasonably
require.
(e) Subgrants.--The eligible entity awarded a grant under
this section may make subgrants to other nonprofit private
organizations with relevant subject matter expertise in order
to establish and maintain the National Resource Center on
Cybercrimes Against Individuals in accordance with subsection
(c).
(f) Report to the Secretary.--On the date that is 1 year
after the date on which an eligible entity receives a grant
under this section, and annually thereafter for the duration
of the grant period, the entity shall submit to the Attorney
General a report which contains--
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(g) Report to Congress.--Not later than November 1 of each
even-numbered fiscal year, the Attorney General shall submit
to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report that contains a compilation of the
information contained in the report submitted under
subsection (d).
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $4,000,000 for
each of fiscal years 2022 through 2026.
(i) Definitions.--In this section:
(1) Cybercrimes against individuals.--The term
``cybercrimes against individuals'' has the meaning given
such term in section 1501(g).
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that focuses on cybercrimes
against individuals and that--
(A) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(B) includes on the entity's advisory board representatives
who have a documented history of working directly on issues
of cybercrimes against individuals and who are geographically
and culturally diverse.
SEC. 1503. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING
ON CYBERCRIME.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals'' means a Federal, State, or local
criminal offense that involves the use of a computer to cause
personal harm to an individual, such as the use of a computer
to harass, threaten, stalk, extort, coerce, cause fear,
intimidate, without consent distribute intimate images of, or
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element of the
offense; and
(B) the term does not include the use of a computer to
cause harm to a commercial entity, government agency, or non-
natural person.
(b) National Strategy.--The Attorney General shall develop
a national strategy to--
(1) reduce the incidence of cybercrimes against
individuals;
(2) coordinate investigations of cybercrimes against
individuals by Federal law enforcement agencies; and
(3) increase the number of Federal prosecutions of
cybercrimes against individuals.
(c) Classification of Cybercrimes Against Individuals for
Purposes of Crime Reports.--In accordance with the authority
of the Attorney General under section 534 of title 28, United
States Code, the Director of the Federal Bureau of
Investigation shall--
(1) design and create within the Uniform Crime Reports a
category for offenses that constitute cybercrimes against
individuals;
(2) to the extent feasible, within the category established
under paragraph (1), establish subcategories for each type of
cybercrime against individuals that is an offense under
Federal or State law;
(3) classify the category established under paragraph (1)
as a Part I crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against individuals
that is an offense under Federal or State law as a Group A
offense for the purpose of the National Incident-Based
Reporting System.
(d) Annual Summary.--The Attorney General shall publish an
annual summary of the information reported in the Uniform
Crime Reports and the National Incident-Based Reporting
System relating to cybercrimes against individuals.
TITLE XVI--KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Keeping Children Safe From
Family Violence Act'' or ``Kayden's Law''.
SEC. 1602. FINDINGS.
Congress finds the following:
(1) Approximately one in 15 million children are exposed
each year to domestic violence.
(2) Most child abuse is perpetrated in the family and by a
parent. Intimate partner violence and child abuse overlap in
the same families at rates of 30 to 60 percent. A child's
risk of abuse increases after a perpetrator of intimate
partner violence separates from their domestic partner, even
when the perpetrator had not previously directly abused the
child. Children who have witnessed intimate partner violence
are approximately four times more likely to experience direct
child maltreatment than children who have not witnessed
intimate partner violence.
(4) More than 75 percent of child sexual abuse is
perpetrated by a family member or a person known to the
child. U.S. Department of Justice data shows that family
members are almost half (49 percent) of the perpetrators of
child sex assault victims under age 6.
(5) Research suggests a child's exposure to a batterer is
among the strongest indicators of risk of incest
victimization. One study found female children whose fathers
were batterers of the mother were six-and-a-half times more
likely to experience father-daughter incest than female
children who do not have an abusive father.
(6) Child abuse is a major public health issue in the
United States. Total lifetime financial costs associated with
just one year of confirmed cases of child maltreatment
(including child physical abuse, sexual abuse, psychological
abuse and neglect) results in $124 billion in annual costs to
the U.S. economy, or approximately one percent of the gross
domestic product.
(7) Empirical research indicates that allegations of child
physical and sexual abuse are regularly discounted by courts
when raised in child custody cases, with fewer than one-
fourth of claims that a father has committed child physical
or sexual abuse believed; and where the allegedly abusive
parent claimed the mother was ``alienating'' the child, only
1 out of 51 claims of sexual molestation by a father were
believed. Independent research indicates that child sexual
abuse allegations are credible 50 to 70 percent of the time.
(8) Empirical research shows that alleged or known abusive
parents are often granted custody or unprotected parenting
time by courts. Approximately one-third of parents alleged to
have committed child abuse took primary custody from the
protective parent reporting the abuse, placing children at
ongoing risk.
(9) Researchers have documented nearly 800 children
murdered in the United States since 2008 by a divorcing or
separating parent. More
[[Page H1456]]
than 100 of these child murders are known to have occurred
after a court ordered the child into contact with the
dangerous parent over the objection of a safe parent or
caregiver.
(10) Scientifically unsound theories that treat mothers'
abuse allegations as likely false attempts to undermine the
father are frequently applied in family court to minimize or
deny parents' and children's reports of abuse. Many experts
who testify against abuse allegations lack expertise in the
relevant type of alleged abuse, relying instead on unsound
and unproven theories.
(11) Judges presiding over custody cases with allegations
of child abuse, child sexual abuse, and domestic violence are
rarely required to receive training on these subjects, nor
have most states established standards for such trainings.
SEC. 1603. PURPOSES.
The purposes of this title are to:
(1) increase the priority given to child safety in any
private state court proceeding affecting children's care and
custody, excluding child protective and social service
proceedings;
(2) strengthen courts' abilities to recognize and
adjudicate domestic violence and child abuse allegations
based on valid, admissible evidence, and to enter orders
which protect and minimize the risk of harm to children as
the first priority; and
(3) ensure that professional personnel involved in cases
containing abuse allegations receive trauma-informed and
culturally appropriate training on the dynamics, signs and
impact of domestic violence and child abuse, including child
sexual abuse.
SEC. 1604. DEFINITION OF COVERED FORMULA GRANT.
The term ``covered formula grant'' means a grant under part
T of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to
as the ``STOP Violence Against Women Formula Grant
Program'').
SEC. 1605. INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
(a) In General.--The Attorney General shall increase the
amount provided to a State under the covered formula grants
in accordance with this title if--
(1) Evidence.--
(A) Experts.--The State has in place a law ensuring that,
in a custody proceeding where a parent has been alleged to
have committed domestic violence or child abuse, including
child sexual abuse, evidence from court-appointed or outside
professionals regarding the alleged abuse may be admitted
only when the professional possesses demonstrated expertise
and clinical, not solely forensic, experience in working with
victims of domestic violence or child abuse, including child
sexual abuse.
(B) Non-experts.--The State has in place a law ensuring
that, in a custody proceeding where a parent has been alleged
to have committed domestic violence or child abuse, including
child sexual abuse, evidence of past sexual or physical abuse
committed by a party, including but not limited to any past
or current protection from abuse orders, sexual violence
abuse protection orders, arrests, or convictions, must be
considered in determining the truth of any allegations of
family violence.
(2) Experts.--The State has in place uniform required
standards of domestic violence and child abuse expertise and
experience for all court-appointed neutral professional
opinions related to abuse, trauma, and the behaviors of
victims and perpetrators, which meet the criteria in
paragraph (1)(A).
(3) Remedies for a child's resistance to contact with a
parent.--The state has in place a law ensuring that--
(A) No removal of care from safe parent.--No child shall be
removed from the care of a competent protective, non-
physically or sexually abusive parent or litigating party to
whom the child is bonded or attached, nor shall the child's
contact with such parent be restricted, solely in order to
improve a deficient relationship with the other parent.
(B) Reunification treatment.--No ``reunification
treatment'' may be ordered by the court without
scientifically valid and generally accepted proof of the
safety, effectiveness and therapeutic value of the particular
treatment, nor may any treatment predicated on cutting off a
child from the parent to whom they are bonded or attached be
ordered.
(C) Causes of child resistance.--Any order to remediate a
child's contact resistance must address the resisted parent's
behaviors or contributions to the child's resistance first,
before ordering the preferred parent to take steps to
potentially improve the child's relationship with the parent
they resist.
(4) Training and education program.--
(A) In general.--The state has in place an ongoing
education and training program for judges and magistrates who
hear custody matters, and relevant court personnel, including
guardians ad litem, best interest attorneys, counsel for
children, custody evaluators, masters, and mediators,
focusing solely on domestic violence and child abuse,
including--
(i) child sexual abuse;
(ii) physical abuse;
(iii) emotional abuse;
(iv) coercive control;
(v) implicit and explicit bias;
(vi) trauma;
(vii) long and short-term impacts of domestic violence and
child abuse on children; and
(viii) victim and perpetrator behaviors.
(B) Providers.--Training must be provided by --
(i) professionals with substantial experience in assisting
survivors of domestic violence or child abuse, such as a
victim service provider; and
(ii) where possible, survivors of domestic violence, or
child physical or sexual abuse.
(C) Evidence-based research.--
(i) In general.--The education and training program in
subparagraph (A) shall rely on evidence-based and peer-
reviewed research by recognized experts in the types of abuse
designated under this section.
(ii) Exclusion.--The education and training program shall
not include theories, concepts, and belief systems
unsupported by valid, credible scientific research.
(D) Objective of education and training program.--The
education and training program shall be designed to improve
the ability of courts to recognize and respond to child
physical abuse, child sexual abuse, domestic violence, and
trauma on all family victims, particularly children, and make
appropriate custody decisions that prioritize child safety
and well-being, and shall be culturally sensitive and
appropriate for diverse communities.
(E) Training requirements.--Judges and all other personnel
identified in subparagraph (A) must receive at least 60 hours
of initial training on these identified topics, and at least
20 hours of this ongoing training every two years.
(F) Custody evaluator requirements.--Prior to being
appointed in a case, a custody evaluator shall, at a minimum,
hold a Master's degree in a relevant field and must have
completed the training requirements of subparagraph (E).
(4) Legal representation.--The state shall notify parties
of the importance of legal representation and shall direct
the parties to appropriate resources.
(b) Grant Increase.--The amount of the increase provided to
a State under the covered formula grant under this title
shall be equal to not more than 10 percent of the average of
the total amount of funding provided to the State under the
covered formula grant under the 3 most recent awards to the
State.
SEC. 1606. APPLICATION.
A State seeking a grant under this title shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney
General may reasonably require, including information
regarding the law described in section 1605.
SEC. 1607. RULE OF CONSTRUCTION.
Nothing in this title shall be interpreted to discourage
States from adopting additional provisions to increase safe
outcomes for children; additional protective provisions are
encouraged.
SEC. 1608. GRANT TERM.
(a) In General.--The term of a covered grant shall be for
one year.
(b) Renewal.--A State that receives a covered grant may
submit an application for a renewal of such grant at such
time, in such manner, and containing such information as the
Attorney General may reasonably require.
(c) Limit.--A State shall not receive a covered grant for
more than 4 years.
SEC. 1609. USES OF FUNDS.
A State that receives an increase under the covered formula
grants under this title shall use the amount of the increase
for subgrants pursuant to section 2007(c)(4)(C) or (D) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10446(c)(4)).
SEC. 1610. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
title $5,000,000 for each of fiscal years 2022 through 2026.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on the Judiciary or their respective designees.
The gentleman from New York (Mr. Nadler) and the gentlewoman from
Minnesota (Mrs. Fischbach) each will control 30 minutes.
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on H.R. 1620.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Madam Speaker, I yield myself 3 minutes.
Madam Speaker, the Violence Against Women Act, or VAWA, was signed
into law in 1994 to help ensure that women in America are free from
violence and free from fear. At the time that VAWA was enacted, it was
all too common for violent crimes against women to go without
appropriate response and to remain unaddressed by the criminal justice
system.
But through programs implemented under VAWA, Congress began to help
provide communities in America the assistance they need to combat the
crimes of domestic violence, dating violence, sexual assault, and
stalking.
Building on this success, H.R. 1620 is bipartisan legislation that
reauthorizes and strengthens the Violence Against Women Act so that it
can continue delivering vital services to those in need.
VAWA, which is not gender-exclusive, addresses the needs of men and
women, children, persons with disabilities, homeless persons, and LGBTQ
individuals, among others.
This reauthorization would also increase access to grant programs for
[[Page H1457]]
culturally specific organizations and ensure that such organizations
are included in the development and implementation of service,
education, training, and other grants. The range of individuals VAWA
helps is broad and should be as diverse as our communities around the
country. I am pleased that this reauthorization continues our
commitment to this principle.
VAWA has had, and continues to have, a positive impact on people who
rely on its assistance, whether directly or indirectly.
Through grants to State and local governments, the Office on Violence
Against Women in the Department of Justice funds the work of thousands
of advocates in preventing and addressing domestic violence, dating
violence, sexual assault and stalking, and in assisting and training
law enforcement and victim advocates.
In addition, grants administered through the Department of Health and
Human Services provide funds for shelters, rape prevention and
education, programs to address and reduce the sexual abuse of runaway
and homeless youth, and programs to educate the community on domestic
violence. The reach of the work carried out under VAWA is vast, and we
must continue to support it.
This legislation expands services for older survivors of abuse and
for programs targeting rural areas. It also expands the jurisdiction of
some Tribal authorities over non-Indians who commit certain crimes on
Tribal lands to ensure that they are held accountable.
Like the legislation the House passed last Congress, it also includes
provisions protecting transgender individuals, and it bans individuals
convicted of domestic abuse from purchasing firearms.
The Violence Against Women Reauthorization Act is comprehensive and
inclusive legislation that I hope will earn further bipartisan support
in the long tradition of this vital law.
I want to thank the gentlewoman from Texas (Ms. Jackson Lee), the
chair of the Crime, Terrorism, and Homeland Security Subcommittee and
the sponsor of this legislation, and the gentleman from Pennsylvania
(Mr. Fitzpatrick) for their outstanding leadership in the effort to
reauthorize VAWA.
I also want to thank the advocates, many of whom are survivors
themselves, for the countless hours they have put into improving this
legislation.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Madam Speaker, I yield myself an additional 15 seconds.
Their efforts, and those of many other Members, have produced this
important bill that will not only continue the progress enabled by VAWA
as originally enacted but will also make the act an even more effective
tool in addressing the horrible scourge of domestic violence.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
House of Representatives,
Committee on Education and Labor,
Washington, DC, March 10, 2021.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Chairman Nadler: I write concerning H.R. 1620, the
Violence Against Women Reauthorization Act of 2021. This bill
was primarily referred to the Committee on the Judiciary, and
additionally to the Committee on Education and Labor and
other committees. As a result of Leadership and the Committee
on the Judiciary having consulted with me concerning this
bill generally, I agree to forgo formal consideration of the
bill so the bill may proceed expeditiously to the House
floor.
The Committee on Education and Labor takes this action with
our mutual understanding that by forgoing formal
consideration of H.R. 1620, we do not waive any jurisdiction
over the subject matter contained in this or similar
legislation, and we will be appropriately consulted and
involved as the bill or similar legislation moves forward so
we may address any remaining issues within our Rule X
jurisdiction. I also request that you support my request to
name members of the Committee on Education and Labor to any
conference committee to consider such provisions.
Finally, I would appreciate a response confirming this
understanding and ask that a copy of our exchange of letters
on this matter be included in the Congressional Record during
floor consideration of H.R. 1620.
Very truly yours,
Robert C. ``Bobby'' Scott,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 15, 2021.
Dear Chairman Scott: I am in receipt of your March 10,
2021, letter regarding H.R. 1620, the ``Violence Against
Women Reauthorization Act of 2021.''
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on
Education and Labor. I acknowledge that your Committee will
not formally consider H.R. 1620 and agree that the inaction
of your Committee with respect to the bill does not waive any
future jurisdictional claim over the matters contained in
H.R. 1620 which fall within your Committee's Rule X
jurisdiction.
I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of the
bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you
as this measure moves through the legislative process.
Sincerely,
Jerrold Nadler,
Chairman.
Mrs. FISCHBACH. Madam Speaker, I yield myself such time as I may
consume.
The Violence Against Women Act was first signed into law almost 30
years ago with wide bipartisan support. The law recognizes that Federal
laws covering domestic violence could help ease overburdened State and
local criminal justice systems. It was narrowly defined and not
controversial. Since its passage, it has been reauthorized on a
bipartisan basis.
Unfortunately, in recent years, Democrats have politicized the law,
straying further and further away from its original intent. This bill,
H.R. 1620, is a continuation of the Democrats' politicization,
expanding and altering the fundamental nature of the Violence Against
Women Act.
The most significant change in this reauthorization effort is that it
erases important distinctions between women and men. It replaces
violence against ``women'' with ``a person of any gender,'' extending
the law's protections well-past the narrowly defined and necessary
protection for women.
This rewriting of the Violence Against Women Act not only undermines
the original intent of this legislation, but also jeopardizes the
safety and well-being of women at risk. It does more to advance the
Democrats' progressive agenda than it does to protect women.
It is not just VAWA. The Democrats' entire radical agenda hurts
women. Calls to defund, dismantle, and rethink local law enforcement
hurt at-risk women. Never-ending government lockdowns that require
battered and abused women to stay in violent households hurt women. A
southern border open to dangerous drug cartels and human traffickers
caused by President Biden's border crisis hurts women. In fact, the
Democrats' open border policies incentivize women to make the dangerous
trip to the U.S.-Mexico border on which one-third of women report being
sexually abused.
Those are not the only problems with this legislation. H.R. 1620 also
threatens Americans' constitutional right to religious freedom. The
bill denies faith-based exemptions for VAWA grant recipients,
prohibiting religious organizations from running shelters and legal aid
centers on the basis of their sincerely held religious beliefs. The
Democrats' culture war could actually force faith-based centers for
abused women to close.
H.R. 1620 also expands the definition of domestic violence to include
economic and emotional duress, pulling funding away from combating the
severity of violent crimes.
This legislation disregards the well-being of women by promoting
lofty concepts, such as restorative justice approaches to crimes
against women, which are unproven and could force a woman to confront
her abuser.
Democrats know that these are unnecessary additions that jeopardize
the bipartisan reauthorization, so why are they choosing to proceed?
Why are they putting forward this bill--with no hearings, no markups in
this Congress--at the expense of women's safety and well-being?
Any crime or abuse against any single individual is abhorrent. State
and Federal laws already protect individuals, women and men, from
domestic violence and sexual abuse and any related reprehensible acts
like dating violence and stalking. Resources should
[[Page H1458]]
be targeted to help those women and individuals cope and recover and
also prevent further violence and abuse. This bill falls short of that
goal and wildly distorts the original purpose of this law.
Madam Speaker, I urge all Members to oppose this bill, and I reserve
the balance of my time.
Mr. NADLER. Madam Speaker, I yield 3 minutes to the distinguished
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, I thank the gentleman for his
leadership.
Madam Speaker, I stand today in a moment of history where we cannot
go back. Have we heard that before? Women cannot go back. Women cannot
continue in an intimidated fashion to tragically be subjected to men
who violently attack them.
The LGBT community cannot go back and be subjected to those who would
be violent against them.
Native American women cannot go back. They cannot go back. They
cannot go back to pueblos and reservations and not have any protection
for those who violate those sacred places, rape them, and then rush to
jurisdictions outside and think they are protected.
Immigrant women cannot go back.
That is what this legislation is about. It is a product borne of
meticulous and thoughtful research and countless engagement with those
on the ground working ultimately and intimately on these very important
issues daily.
We began this long journey and hard-fought battle under the
leadership of Republicans--I wrote the bill in 2018--who at the time
refused to engage in putting forward their own version of VAWA when it
expired in 2018 while they held the majority. The President, the
Senate, the House, they did nothing. The Judiciary Committee would not
even take the bill up, and it was supported by over 200 groups.
But we continue to push forward on behalf of all victims and
survivors to reauthorize the Violence Against Women Act of 1994, first
led by the President of the United States, then-Senator Joe Biden.
As we all know, VAWA is a landmark piece of legislation first enacted
in 1994. At that time, the President was Bill Clinton. This legislation
was enacted in response to the prevalence of domestic and sexual
violence and the significant impact of such violence on the lives of
women.
Statistics have revealed that this form of violence impacts us all.
In the United States, an estimated 10 million people experience
domestic violence every year. More than 15 million children are exposed
to violence annually. According to the National Coalition Against
Domestic Violence, about 20 people per minute are physically abused by
an intimate partner. About one in four women and one in nine men
experience severe intimate partner physical violence, sexual violence,
and a partner stalking injury.
Today, in Texas, 35 percent of women and 34 percent of men are
subjected to domestic violence. When discussing VAWA, we cannot forget
the victims of domestic violence like Ms. Fontenot, who was murdered in
Harris County by her husband just 1 day after Christmas last year while
she was trying to escape her relationship, and he shot at her son.
Nor can we forget Debora Seidenfaden, who was murdered by her husband
in Houston after an argument.
There are countless stories like this throughout the country. That is
why it is imperative that we reauthorize this bill. Enough is enough.
We must pass H.R. 1620 now.
Madam Speaker, I thank all the women, including Representative
Slaughter, who started this bill.
Madam Speaker, I rise in strong support of H.R. 1620, the ``Violence
Against Women Act of 2021.''
H.R. 1620 is a product born of meticulous and thoughtful research and
countless engagement with those on the ground, working intimately on
these very important issues daily.
We began this long journey, and hard-fought battle under the
leadership of Republicans, who at the time refused to engage or put
forward their own version of VAWA when it expired in 2018 while they
held the majority.
But we continued to push forward on behalf of all victims and
survivors to reauthorize the Violence Against Women Act (VAWA) of 1994.
As we all know, VAWA is a landmark piece of legislation first enacted
in 1994 and signed into law by President Bill Clinton as part of the
Violent Crime Control and Law Enforcement Act of 1994.
This legislation was enacted in response to the prevalence of
domestic and sexual violence, and the significant impact of such
violence on the lives of women.
Statistics have revealed that these form of violence impact us all.
In the United States, an estimated 10 million people experience
domestic violence every year, and more than 15 million children are
exposed to this violence annually. According to the National Coalition
Against Domestic Violence, about 20 people per minute are physically
abused by an intimate partner. About 1 in 4 women and 1 in 9 men
experience severe intimate partner physical violence, sexual violence,
and/ or partner stalking with injury.
Today, in Texas, 35.10 percent of women and 34.5 percent of men are
subjected to domestic violence.
When discussing VAWA, we cannot forget the victims of domestic
violence like Yashica Fontenot, who was murdered in Harris County,
Texas by her husband just one day after Christmas last year while she
was trying to escape her relationship.
Nor can we forget Debra Seidenfaden, who was murdered by her husband
in Houston after an argument.
There are countless stories like this throughout this country.
That is why it is imperative to reauthorize this law by passing H.R.
1620 now. Because enough is enough.
Congress has reauthorized VAWA three times--in 2000, 2005, and 2013--
with strong bipartisan approval and overwhelming support from Congress,
States, and local communities.
During each reauthorization, VAWA would make various meaningful
improvements to the Act to meet the varied and changing needs of
survivors.
H.R. 1620 continues that tradition, and therefore, is intended to
make modifications, as Congress has done in the past to all previous
reauthorizations of VAWA.
H.R. 1620 is a bipartisan bill, reflecting a reasonable and
compromise approach to reauthorize grant programs under the Violence
Against Women Act (VAWA).
These moderate enhancements will address the many growing and unmet
needs of victims and survivors of domestic violence, dating violence,
sexual assault, and stalking.
H.R. 1620 addresses the needs of sex trafficking victims while
creating a demonstration program on trauma-informed training for law
enforcement.
It increases access to grant programs for culturally specific
organizations and ensure culturally specific organizations are included
in the development and implementation of service, education, training,
and other grants.
It adds a purpose area to assist communities in developing
alternatives to housing ordinances that punish survivors for seeking
law enforcement intervention.
H.R. 1620 expands protections for vulnerable populations such as
youth, survivors without shelter, Native American women, and LGBTQ
persons.
It ensures Deaf people are included in grants relating to people with
disabilities.
H.R. 1620 is supported by the National Task Force to End Sexual and
Domestic Violence Against Women, a coalition of more than 200 domestic
violence groups.
VAWA expired since September 30, 2018, and we as a body are called
upon by survivors to reauthorize it now.
As a tribute to our dearly departed Rep. Slaughter, who started this
journey with then, Senator Biden in 1994, I respectfully urge my
colleagues to join me, and the Chairman of Judiciary, along with our
Republican partners--Mr. Fitzpatrick and Mr. McCaul in passing H.R.
1620, a much needed thoughtful and bipartisan response to the needs of
all victims and survivors.
Mrs. FISCHBACH. Madam Speaker, I yield 2 minutes to the gentleman
from Virginia (Mr. Good).
Mr. GOOD of Virginia. Madam Speaker, Democrats are using domestic
violence, which is a serious issue, as a front for just their latest
gun control bill. This legislation contains red flag gun confiscation
language and expands the grounds for lifetime bans of firearm
possession.
Red flag gun confiscation laws upend due process. Under this
legislation, an individual could have their guns removed from them
without having the chance to face their accuser in court. That means a
complaint and a judicial order could suspend a constitutionally
guaranteed right, with no chance for the accused to respond under the
law.
{time} 1145
This legislation makes it clear that Democrats consider gun ownership
a second-class right, if it is a right at all,
[[Page H1459]]
and view the Constitution as a negotiable suggestion.
This bill would expand the number of nonviolent misdemeanor offenses
that produce a lifetime ban on firearm ownership, which is already
applied to felons.
It is ironic that in the same week that Democrats are voting in
support of amnesty for illegal aliens who have committed up to two
misdemeanors, they are voting to permanently suspend the constitutional
rights of Americans who have committed one nonviolent misdemeanor.
I oppose this attempt to undermine due process, further restrict the
Second Amendment, and expand the left's radical and relentless gun
control agenda.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Pennsylvania (Ms. Scanlon).
Ms. SCANLON. Madam Speaker, before coming to Congress, I organized
volunteer lawyers to represent survivors of domestic abuse, so I have
seen firsthand both the need for the Violence Against Women Act and the
remarkable impact of legal representation in moments of crisis.
That is why I am proud to support reauthorization of VAWA, which
would, among other things, expand access to legal counsel for those who
need it most.
Too often, survivors are left to navigate alone the overwhelming
aftereffects of violence and abuse. Whether that means finding housing,
medical, or other care in the aftermath of trauma, the process can be
complicated and hard to manage.
Legal representation in these critical moments can make a life-
changing difference. That is why I am proud to offer two amendments to
VAWA today.
The first would expand efforts to provide legal representation in
postconviction relief proceedings. The second would increase access to
legal aid for veterans who have unmet legal needs.
Everyone deserves access to quality legal representation for
fundamental needs, and this bill gets us one step closer to that goal.
Madam Speaker, I urge my colleagues to support my amendments and the
underlying legislation.
Mrs. FISCHBACH. Madam Speaker, I yield 3 minutes to the gentleman
from Ohio (Mr. Chabot).
Mr. CHABOT. Madam Speaker, I thank the gentlewoman for yielding.
Protecting women and girls from violence and abuse and keeping them
safe is deeply important to me and Members on both sides of the aisle.
Shortly before I was first elected to Congress back in 1994,
President Bill Clinton signed into law the Violence Against Women Act.
It was the first iteration of a very good bill, which, if you can
believe it, passed the House then by a voice vote. It was supported by
all but four in the Senate.
When it was reauthorized in the year 2000, I supported it and voted
for it, and in 2006, VAWA again had my full support. In fact, since I
have been in Congress, I have voted nearly a dozen times, both in the
Judiciary Committee or here on the floor, to renew or strengthen the
provisions of VAWA in an effort to do what we all can do to protect
women who have been or will in the future be subjects of domestic
violence, abuse, or other forms of harassment.
Historically, this legislation has been a truly bipartisan effort.
Sadly, the effort put forth today by the majority is anything but
bipartisan.
What has happened between then and now? It seems to me that many on
the left decided that they could use this critical legislation that is
intended to protect women and girls from violence as a vehicle to
promote their far-left political agenda. To me, this is a disturbing
development, as the safety and well-being of all women and girls in
this country is far too important to jeopardize with callous political
calculations that could further divide the American people.
In fact, it is possible that passing this so-called VAWA
reauthorization offered by the majority could result in some faith-
based institutions shutting their shelter doors so that many women and
girls who relied on their help, support, and protection wouldn't have
that protection.
This legislation could force women seeking protection in shelters or
incarcerated in prison to be housed alongside biological males,
potentially subjecting those women to further psychological, mental, or
physical harm. To me, it is unconscionable to be aware of these and
other shortcomings of this legislation and simply ignore it.
What should we do? We should continue to improve VAWA as we did prior
to 2013. We should continue to protect those vulnerable individuals in
our society who rely on our help to protect them. And we should
accomplish it in a bipartisan, bicameral manner, Republicans and
Democrats actually working together as we are capable of doing.
It is time we put politics and political agendas aside and
reauthorize a Violence Against Women Act that continues to provide real
protection for women and girls.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Georgia (Mrs. McBath).
Mrs. McBATH. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, unfortunately, when we talk about violence against
women, we are often talking about domestic violence. Domestic violence
claims the lives of far too many women, and it is especially deadly
when it occurs in a household with a gun.
In the United States, there are 1 million women alive today who have
reported being shot or shot at by their intimate partners, and there
are many more who have been threatened or killed with a gun.
Closing the boyfriend loophole is a critical step to prevent abusers
from obtaining a weapon, a weapon that will likely be used to escalate
their abuse and a weapon that may have deadly consequences.
With this bill, we can truly help prevent abuse, protect our
families, and keep every American safer.
Mrs. FISCHBACH. Madam Speaker, I yield 4 minutes to the gentlewoman
from Arizona (Mrs. Lesko).
Mrs. LESKO. Madam Speaker, I rise in opposition to this bill.
This version of the Violence Against Women Act does not protect
women. Instead, this bill puts partisan political priorities ahead of
women in need. While my colleagues on the other side of the aisle like
to claim they are the party of women, this partisan reauthorization
proves that they only put women first when it is convenient.
I am a survivor of domestic violence from a previous marriage. I was
afraid for my life, and I was afraid for my daughter's life.
Thankfully, I escaped that terrible situation. So I am intimately
familiar with the desperate situations many women who are victims of
domestic abuse face. As a domestic violence survivor, I know just how
important services and protections are to women across our Nation.
Previous reauthorizations of the Violence Against Women Act have been
bipartisan, but not this one. This version is filled with partisan
priorities that force women's domestic violence shelters to take in men
who identify as women, strip away protections for religious
organizations, and eliminate Second Amendment rights without due
process.
The most egregious provisions of this bill push leftist gender
ideology at the expense of important protections for women's privacy
and safety. Sex-segregated shelters provide a safe place for women who
have been abused, often at the hands of men, and offer them a sense of
privacy and security. If this bill is enacted, these shelters, under
penalty of Federal law, would be required to take in men and shelter
them with women, putting vulnerable women at risk.
Religious objections are also under attack in this legislation. This
bill excludes critical First Amendment protections for faith-based
organizations. This almost certainly guarantees that attacks on
religious organizations will continue over disagreements on religious
liberty and gender ideology.
This bill is also being used to change and erode Second Amendment
rights for everyone by introducing a new provision that would lower the
standard by which government can take away someone's right to bear arms
without due process, including for nonfelony crimes.
Passing legislation that supports women who have been victims of
domestic abuse, trafficking, and sexual assault should be a bipartisan
issue. In this partisan Violence Against Women
[[Page H1460]]
Act, women in need are not the priority. Leftist ideology is the
priority.
Madam Speaker, I urge my colleagues to vote against this bill.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Massachusetts (Ms. Clark).
Ms. CLARK of Massachusetts. Madam Speaker, I thank the gentleman for
yielding.
As the rates of COVID-19 spiked across the country, so did the rates
of domestic violence. This pandemic within the pandemic must be
stopped, and before us are the tools to save lives and end the cycle of
violence.
The VAWA reauthorization makes crucial improvements to the law. It
closes legal loopholes to stop violent partners from accessing
firearms. It tackles the growing threat of online harassment by
training law enforcement on cybercrimes. It provides services for
survivors of dating violence, sexual assault, and stalking. And it
improves protections for Native women.
Today, we stand up for everyone by providing safety everywhere, at
home, at work, on campus, and online.
Let us vote together to end domestic violence.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Madam Speaker, the COVID-19 pandemic has demonstrated,
once again, the vital importance of the Violence Against Women Act.
With the Nation under stay-at-home orders, many women were unable to
escape their abusers or find help in their communities.
Thanks to VAWA, organizations like the Rhode Island Coalition Against
Domestic Violence were able to meet women where they are, despite these
obstacles.
In 2020, VAWA grants helped the Rhode Island Coalition Against
Domestic Violence assist over 9,000 survivors of domestic violence and
answer over 17,000 helpline calls, nearly a 12 percent increase from
2019.
During the pandemic, through VAWA programs, Rhode Islanders have
found transitional housing, received counseling services, and obtained
assistance with seeking restraining orders.
Violence Against Women Act grants and programs can really be the
difference between life or death.
Vote ``yes'' on H.R. 1620, the Violence Against Women Reauthorization
Act of 2021.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Texas (Ms. Escobar).
Ms. ESCOBAR. Madam Speaker, since being signed into law, the Violence
Against Women Act has become a crucial part of legislation to aid
victims of sexual abuse and domestic violence. VAWA provides lifesaving
programs to help survivors navigate domestic violence and abuse
situations.
Madam Speaker, in my district, I heard from innumerable counselors,
activists, advocates, and attorneys about the toll the COVID-19
pandemic has taken on families, but especially families who have to
experience domestic violence. Being locked in a situation with your
abuser, with your attacker, was incredibly dangerous, and there has
been terrible trauma inflicted.
We need to pass VAWA now. There is no reason not to support people
who are victims of domestic violence. This is an enormous step forward.
I am grateful to the leaders who brought this forward, and I rise in
support.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
{time} 1200
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from California (Ms. Speier).
Ms. SPEIER. Madam Speaker, I thank the chairman for yielding.
Madam Speaker, I rise in support of the Violence Against Women Act.
Twenty persons a minute are injured by an intimate partner; that is
10 million American men and women every year. It is time to do
something to continue this act and to extend it.
Madam Speaker, I have a number of amendments that have been accepted.
I especially want to point out the SHIELD Act, which combats the
nonconsensual sharing of private, sexually explicit and nude images,
commonly known as revenge porn, which now will be a crime.
My other two amendments deal with creating a task force on sexual
violence and education and directing the Secretary of Education to
create climate surveys on student experiences with violence. Twenty
percent of our college coeds are sexually assaulted or there are
attempts of sexual assault on them each year.
Finally, the last amendment incentivizes States to pass a Survivors'
Bill of Rights in the States Act, which is particularly important for
rape kits.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Florida (Ms. Lois Frankel).
Ms. LOIS FRANKEL of Florida. Madam Speaker, I thank the chairman for
yielding.
Madam Speaker, consider this: Your spouse or partner calls you names,
he insults you, puts you down.
He discourages you from going to work or school or seeing family
members or friends.
He tries to control how you spend your money, where you go, or who
you can see, what medicines you take.
He acts possessive, gets angry when drinking alcohol.
He tries to control when you can see a doctor; threatens you with
violence; and may hit, kick, shove, slap, choke, or otherwise hurt you,
your children, your pets.
He forces you to have sex against your will. He blames you for his
violent behavior and tells you that you deserve it.
And this comes from someone you love.
You are in pain and embarrassed to ask for help. You are one in four
women. The Violence Against Women Act is critical for your safety and
economic independence.
Madam Speaker, I urge its passage.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Texas (Mrs. Fletcher).
Mrs. FLETCHER. Madam Speaker, I rise today in support of the Violence
Against Women Reauthorization Act. I thank my colleague from Houston,
Congresswoman Sheila Jackson Lee, for her leadership and her tireless
efforts to get this critical legislation to this House floor.
The Violence Against Women Act provides essential support for
survivors of domestic violence and sexual assault, and its
reauthorization now is vitally important, as many of my colleagues have
shared. It is critical for organizations in my community that support
survivors, like the Houston Area Women's Center, which has reported a
dramatic rise in requests for their services through the coronavirus
pandemic--more than 6,000 more calls responded to in 2020 alone.
Madam Speaker, in 2020, the number of people the center sheltered
tripled. Sadly, we have been reminded again today of the dangers that
women face in our society. The Violence Against Women Act provides
resources and services that are lifesaving. That is why I am proud to
cosponsor this legislation and to vote in support of it today.
Madam Speaker, I urge my colleagues to do the same.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Bowman).
Mr. BOWMAN. Madam Speaker, I rise as the son of a single mom and as
the brother of four sisters. Unfortunately, I have heard stories of
abuse and assault and neglect throughout my life. I also heard these
stories from my students and the many families I served throughout my
time in education. The consistency throughout these stories illustrate
how there is no recourse and there are no safe spaces for women to go
to when they are under assault and feeling abused.
Madam Speaker, this past year, before joining Congress, I sat with a
student and her mom in my office to call
[[Page H1461]]
a domestic violence help hotline. And we stayed on hold for hours
before anyone came to the phone. There was no housing for them to go to
in support of their safety. So I rise to support this legislation, and
I rise to denounce the sexism and patriarchy and misogyny that
continues to exist within our political arenas and within our laws.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Michigan (Mrs. Lawrence).
Mrs. LAWRENCE. Madam Speaker, I rise today in solidarity with the
survivors of domestic and sexual violence.
It is completely unacceptable that we have allowed the Violence
Against Women Act to expire.
I am proud to have introduced two amendments that will strengthen
protections for our most vulnerable communities. The first amendment
will stop punishing children who have been sex-trafficked and have been
in contact with the criminal justice system. The pandemic has also
illustrated the urgency on what we need to do to make sure that we
reauthorize it.
Madam Speaker, as Americans, we have had to follow stay-at-home
orders, and it has increased the amount of abuse among those who could
not leave home. VAWA save lives. This isn't a Democrat or Republican
issue. It is justice and safety. It is time we get this done and
reauthorize.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Green).
Mr. GREEN of Texas. Madam Speaker, and still I rise. I rise today in
strong support of this legislation because it includes trans women.
Some of the most brutal, horrific crimes created in the minds of people
have been perpetrated upon trans women.
Madam Speaker, this legislation protects them, as it protects all
women. I support it and I encourage my colleagues to do so as well.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from New York (Mr. Espaillat).
Mr. ESPAILLAT. Madam Speaker, it is well past time for VAWA
reauthorization. It should have never been allowed to lapse to begin
with.
I stand here in support of this bill in honor of Gladys Ricart, a
dear constituent of mine, who, 22 years ago, was murdered by her
jealous ex-boyfriend on her wedding day, in her wedding gown. Madam
Speaker, I urge my colleagues to pass this legislation in her memory.
Now you have the Brides' March, an international movement across this
continent and across the world that honors the memory of Gladys Ricart.
They were right here in this Capitol, and they will continue to come
back until further legislation is enacted to protect women all across
our country, all across the world.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Washington (Ms. Strickland).
Ms. STRICKLAND. Madam Speaker, the tragic shootings in Atlanta
yesterday killed eight people--six of whom were Asian women.
To the families of the victims, you have my deepest condolences.
This crime has elements that we are trying to address here in
Congress; gun violence, violence against women, and the meteoric rise
of violence we are witnessing against the AAPI community.
Racially motivated violence must be called out for exactly what it
is, and we must stop making excuses or rebranding it as economic
anxiety or sexual addiction.
Madam Speaker, as a woman who is Black and Korean, I am acutely aware
of how it feels to be erased and ignored, and how the default position
when violence is committed against people of color or women is to defer
from confronting the hate that is often the motivation.
Madam Speaker, words matter and leadership matters. We must all
loudly condemn actions and language rooted in fear and bigotry that
harms all of us.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Madam Speaker, a movement led by the Texas Council on
Family Violence, and so many other advocates, first won passage of the
Violence Against Women Act and brought the National Domestic Violence
Hotline to Austin, which has now offered 5 million lifesaving
responses. This act brought much-needed funding and hope to women
across America who led coalitions.
Yet, the scourge of violence has continued. In San Antonio, a
Collaborative led by Judges Monique Diaz and Peter Sakai has
supplemented incredible Family Services led by Marta Peleaz and
Patricia Castillo's PEACE initiative. I have joined them for two town
halls to listen, learn, and respond.
In Austin, Kelly White and Julia Spann continue the Safe Alliance, as
Maria Johnson expands the Hays-Caldwell Center. But too many violent
beatings have turned into killings. Because this reauthorization would
close ``the boyfriend loophole,'' denying a gun to an abusive partner,
the NRA and its Congressional Republican allies have been blocking
renewal.
Today, we call on them to choose life, to recommit to VAWA, and
foster a society where every person is treated with dignity.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
Speaker of the House (Ms. Pelosi).
Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding and,
again, for his extraordinary leadership.
Madam Speaker, this is quite a day for the chairman, with the
Violence Against Women Act and the ERA, among other pieces of
legislation that he is bringing to the floor. I thank him for the very
prolific and excellent work of the Committee on the Judiciary.
Madam Speaker, here we are dressed in white because it is Women's
History Month, and we are wearing the color of suffragists as we come
to the floor on these two important pieces of legislation--earlier
today, the equal rights amendment, and now the Violence Against Women
Act.
It is a historic day as the House passes two landmark, potentially
lifesaving pieces of legislation on behalf of America's women. We do
so, again, during Women's History Month. I sing the praises of
Congresswoman Sheila Jackson Lee, who has been a relentless, persistent
advocate for this legislation over time; Karen Bass, one more, and our
distinguished chair of the committee.
Madam Speaker, we are particularly proud to be passing this
legislation under the leadership of one of its strongest champions,
President Joe Biden. In the Senate, he was the guardian of this law, as
he was the author of it. As a new-ish Member of Congress at the time, I
was proud to follow his lead and the lead in the House, then, of Leader
Schumer, now the distinguished majority leader in the Senate. So this
is an opportunity that we have for legislation, whose provenance goes
way back into the 1990s.
At that time, I was an appropriator. And after we passed the bill
that had the Violence Against Women Act, it was our responsibility to
make sure that it was funded properly, and that has been part of the
continuing advocacy.
Madam Speaker, in 2013, the legislation was last reauthorized under
the Presidency of Barack Obama and the Vice Presidency of Joe Biden,
who, again, was taking the lead for the reauthorization of the
legislation. It was a tough time. The bill passed first in the United
States Senate. Bipartisan in the United States Senate, the bill was
passed. They sent it to the House. The House refused to take it up--
Republican-controlled House refused to take it up.
And then they had their own bill, which said: We are against violence
against women, unless you happen to be a Native American or an LGBTQ
woman or an immigrant woman.
Well, these are the most vulnerable in terms of using violence
against women. So what happened was we persuaded the then-Speaker, Mr.
Boehner, to bring both bills to the floor. Of
[[Page H1462]]
course, the Senate-passed bipartisan bill prevailed. We had a big
ceremony, participated in by the Native American community, our law
enforcement community, Vice President Joe Biden, and signed by the
President.
{time} 1215
So here we are, unable to get it reauthorized 5 years later, in 2018
under the then-majority and President, and here we are today, finally
able to bring bipartisan legislation to the floor.
And as I mentioned, for nearly three decades, the Violence Against
Women Act has been a transformative force for safety and security of
American women. Since its passage, domestic violence rates have
declined by nearly two-thirds in America. Millions of women have gained
access to protections from violence and abuse, and millions of
survivors, to essential services and justice.
But we cannot be complacent: One in three women today face domestic
abuse. Isn't that a stunning figure? You wonder, how could it be? And
partner violence is on the rise during the coronavirus pandemic, as
many women are forced to quarantine in homes that are not safe.
Every time the Congress has reauthorized VAWA, we have strengthened
its protections for women, based on extensive consultation with
survivors, victim service providers, Indian country, law enforcement,
and other experts. The authorization on the floor today continues that
progress.
And as has been said by Mr. Doggett, we have to recognize the danger
of the, shall we say, provisions in the bill that protect women from
gun violence specifically.
Among its many life-saving provisions, this reauthorization makes
vital new investments in prevention, improves services for victims of
domestic violence, makes improvements in the criminal justice system's
response to gender-based violence and to the healthcare system's
response, prevents intimate partner homicide, and expands protections
for victims and survivors, whether they are men or women. This is not
just about women, it is the Violence Against Women Act, but it does
protect anyone.
Democrats are particularly proud that this reauthorization improves
the essential protections that I referenced that were objected to on
the Republican bill in 2013, including women immigrants, LGBTQ, and
Native American women, and it specifically supports communities of
color in a culturally sensitive way.
This reauthorization is bipartisan, happily, and it is supported by
more than 200 organizations representing women, women's groups, faith-
based organizations, law enforcement, the public health and medical
communities, civil rights groups; the list goes on.
While it is unfortunate that we don't know what will happen in the
Senate, we are optimistic that the reauthorization can be successful on
the other side of the Capitol, and on the other side of the aisle.
Madam Speaker, I urge a strong bipartisan vote for this
reauthorization, so that we can advance justice, safety, and dignity in
America.
Madam Speaker, the term VAWA has become synonymous with justice,
Violence Against Women Act. I urge an ``aye'' vote.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentlewoman from Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise to support the Violence
Against Women Reauthorization Act.
VAWA established critical infrastructure that responds to domestic
violence, sexual assault, dating violence, and stalking.
For far too long, this vital update collected dust in the Senate
graveyard. Thankfully, with a Democratic Senate majority and President
Biden, we finally have real partners to secure justice, safety, and
dignity for American women, particularly those who are most vulnerable.
The statistics remain deplorable: One in four American women are
victims of domestic violence; one in six will be a sexual assault
victim in their lifetime. The pandemic only exacerbated the need for
services to comprehensively respond to these egregious crimes.
Now is no time to retreat from the vital work of improving the
Federal response to gender-based violence. For Women's History Month,
let's reaffirm our commitment to survivors everywhere, and make this
world safer for all our mothers, sisters, and daughters.
Madam Speaker, I urge my colleagues to vote ``yes'' on this urgent
legislation.
Mrs. FISCHBACH. Madam Speaker, I yield 3 minutes to the gentlewoman
from Georgia (Mrs. Greene).
Mrs. GREENE of Georgia. Madam Speaker, the Violence Against Women
Act, this is something that should protect women.
Unfortunately, the Violence Against Women Act has expanded its
protection beyond women and girls into transgender or biological males
who are calling themselves women.
You see, Democrats know this is a bad policy and agenda. In order to
pass it, they have to hide behind real abused women.
The Violence Against Women Act incentivizes fraud in housing by
allowing people who have been evicted from government-funded housing
because of criminal activity to claim, after the fact, they are
domestic violence victims in order to keep their housing.
The Violence Against Women Act also allows prisoners to pick their
gender and be treated and assigned by their specific preference. This
isn't fair to women who are in prison. Biological men should not be
allowed to decide they are a woman and decide to tell people that they
are a woman so they can be put in a women's prison.
The Violence Against Women Act provides no exemptions for religious
organizations when they hire employees. That destroys religious
freedom.
Democrats also refuse to support amendments to help women receive
firearm safety training and self-defense courses to protect them
against their abusers.
Republicans have introduced amendments having to do with gun rights.
If you want to help protect women, make sure women are gun owners and
know how to use a gun properly in order to protect themselves. That is
the greatest defense for women.
Democrats want to use abused women to take away guns from everyone.
Unfortunately, gun rights groups know how to pay attention to Democrat
bills that affect Americans' gun rights.
Democrats want to completely dismantle housing contracts and leases
in order to justify their hypocritical ``believe all survivors''
agenda, except when it comes to Governor Cuomo.
Democrats want to create a Violence Against Women czar at the
Department of Housing and Urban Development. Now that they have
destroyed the family and housing law, they want to push a progressive
gender ideology through housing policy. That doesn't fit.
Make no mistake, Democrats want to create an authoritarian woke state
where neighbors, partners, citizens, and employers are afraid to do
anything in order to avoid the draconian policies imposed under the
guise of protecting women.
We already know of many high-profile men who abuse women. Why don't
we look in the mirror and take a hard look at the real abusers? I think
Governor Cuomo would be a good one to pay attention to, rather than
trying to criminalize every church in America for not following the
advice of the transgender coalition of gender dysphoria.
Mr. NADLER. Madam Speaker, I reserve the balance of my time.
Mrs. FISCHBACH. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I reiterate my opposition to H.R. 1620, the Violence
Against Women Reauthorization Act.
Democrats filled this legislation with politically charged, highly
controversial provisions that dramatically expanded its scope, and
erased the bipartisanship that originally passed this bill.
Many of those points were pointed out by the speakers on the
Republican side, and unfortunately, it does nothing to address the
problem of domestic violence, it threatens religious freedom and
undermines the legislation's original intent.
[[Page H1463]]
Resources should be targeted to help women affected by the horrors of
domestic abuse and help prevent further abuse. This bill does neither.
Madam Speaker, I urge my colleagues to oppose this bill, and I yield
back the balance of my time.
Mr. NADLER. Madam Speaker, every year approximately 7.9 million women
are victims of rape, physical violence, or stalking by an intimate
partner. An average of three women are killed every day by a current or
former intimate partner. These grim statistics underscore the crucial
need for us to act without delay to reauthorize VAWA, and to enhance
and expand the Act so that it is even more effective.
Madam Speaker, I urge my colleagues to join with me in voting for
this critical bipartisan legislation today, and I yield back the
balance of my time.
Mr. SMITH of New Jersey. Madam Speaker, today I will vote to approve
the Violence Against Women Extension Act (VAWA) of 2021--historic
landmark legislation with a proven track record of assisting abused and
battered women--authored by Congresswoman Elise Stefanik of New York.
As a matter of fact, I was the prime author of the law that provided
for the first reauthorization of the VAWA in 2000--a five-year $3.3
billion comprehensive program that was part of my anti-trafficking law,
the Victims of Trafficking and Violence Prevention Act (PL 106-386/
TVPA).
Important VAWA programs include: legal assistance for victims;
addressing housing needs for victims of domestic violence, dating
violence, sexual assault and stalking; grants to combat violent crimes
on campuses; grants to encourage arrest policies and enforcement of
protection orders; grants for enhanced training and services to end
abuse later in life; the critical STOP grants to educate and train law
enforcement personnel to address sexual assault; the CHOOSE grants,
i.e. Creating Hope Through Outreach, Options, Service, and Education
for Children and Youth; training and services to end violence against
people with disabilities; the sexual assault services program; rural
domestic violence, dating violence, sexual assault, stalking and child
abuse enforcement assistance; and grants for strengthening the
healthcare system's response to domestic violence, dating violence,
sexual assault, and stalking; as well as extending other key programs.
This is consistent with my long record of support for VAWA.
I strongly supported passage of VAWA when it was first introduced in
1993, and again in 1994, when this crucial legislation was signed into
law for the first time. I have supported multiple reauthorizations of
VAWA, and I continue to strongly support this law as it was originally
intended.
As I said earlier, I was the prime author of the law that provided
for the first reauthorization of the VAWA in 2000 when I included the
five-year $3.3 billion comprehensive program in my Victims of
Trafficking and Violence Prevention Act (PL 106-386/TVPA).
I also cosponsored the 2005 reauthorization, fought to ensure these
programs are fully funded to assist the maximum number of victims, and
voted for seven of the first seven VAWA reauthorization bills offered
through 2012.
Two versions of VAWA reauthorization are under consideration by the
House today. As I noted, the version I will support extends the VAWA
until 2022. The other--H.R. 1620--weakens several carefully crafted
protections for women and girls.
By granting biological men--who self-identify as women--access to
women's shelters, H.R. 1620 removes the hard-fought gains to protect
women and girls from abuse and to provide them with physical, emotional
and psychological security.
Under H.R. 1620, women will no longer have a safe place of their own
as they flee from male-inflicted physical and emotional abuse and
intimidation.
Rather, these heroic women will now have to share their place of
refuge--a shelter previously reserved for women seeking protection from
male abusers--with biological men who self-identify as women.
These brave women and children deserve a place where they can feel
protected and secure, so they can begin the difficult process of
healing as they deal with post-traumatic stress. Forcing them to share
a shelter and its facilities, including showers and sleeping areas,
with biological men who self-identify as women will cause these women
and children to experience insecurity, discomfort, confusion, and fear
of additional assault.
VAWA has always prioritized the challenges and unique needs of
battered women and children but this version, if passed, no longer
will.
These women's shelters--there are about 1,500 nationwide--offer a
safe space where a woman does not have to fear or worry about violence
and intimidation and instead allows her to take steps toward rebuilding
her life.
We must first and foremost protect victims of violence.
I oppose this provision of H.R. 1620 out of genuine concern for the
women and children who are forced to flee to domestic abuse shelters
and base my concern on evidence from California.
In late 2018, nine female victims residing in a women's shelter in
Fresno, California--Naomi's House, operated by Poverello House--filed a
lawsuit against the shelter for admitting a biological man because he
had self-identified as a woman. These victims stated that they had been
sexually harassed by this biological man. They said that he had made
``sexual advances'' on them and would ``stare and leer'' and make
``sexually harassing comments about their bodies'' while they were
forced to undress in the same room with him.
After repeatedly confronting the staff of Naomi's House--both
verbally and in writing--with their extreme discomfort, these women
were told that they would be expelled from the shelter if they refused
to comply.
If we allow biological men who self-identify as women to receive
access to these women-only shelters, abused women and children will
lose the `safe space' they so desperately need.
These victims deserve better. They deserve our protection and
support. We must work to ensure the safety of women, girls, and
children.
Other shelters designed to help victims of diverse sexual
orientations and identities who are victims of domestic abuse ought to
be considered by separate legislation.
We can, and we must create bipartisan legislation which seeks to
protect all women and girls, as this law originally intended.
We can, and must, do better.
Ms. WILLIAMS of Georgia. Madam Speaker, I rise in support of the
Violence Against Women Reauthorization Act.
The Violence Against Women Act is a decades-old law that helps
protect some of my most vulnerable constituents from abuse.
Unfortunately, the law has been expired since 2018.
At a time when the pandemic has forced many women in unsafe domestic
situations to stay home, we owe them action. And I came to Congress to
get results.
Today, I'll be proud to vote to advance strong and bipartisan
legislation to reauthorize and update the Violence Against Women Act.
The bill is going to extend the protections the law has in place
while improving violence prevention and victim services. It will ensure
communities of color are well served by the law.
And what's more, the bill is forward-looking. It designs studies to
assess the challenges survivors face with things like achieving
economic security and paying off their student loans. Today, I'm
offering an amendment to make sure these studies consider how these
matters can have disparate impacts by race, ethnicity, sex, sexual
orientation, and gender identity.
I urge my colleagues to support my amendment and the bill before us
today.
The SPEAKER pro tempore (Ms. Houlahan). All time for debate has
expired.
Each further amendment printed in part B of House Report 117-12 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 233, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
the Judiciary or his designee to offer amendments en bloc consisting of
further amendments printed in part B of House Report 117-12, not
earlier disposed of. Amendments en bloc shall be considered as read,
shall be debatable for 20 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on the Judiciary or
their respective designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Amendments En Bloc Offered by Mr. Nadler of New York
Mr. NADLER. Madam Speaker, pursuant to House Resolution 233, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
[[Page H1464]]
Amendments en bloc consisting of amendment Nos. 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, and 41, printed in
part B of House Report 117-12, offered by Mr. Nadler of New York:
amendment no. 1 offered by mr. burgess of Texas
Page 226, insert after line 22 the following:
SEC. 1406A. STRATEGIES TO IMPROVE COORDINATION OF SEXUAL
ASSAULT FORENSIC NURSE EXAM TRAINING AND
PROGRAM SUSTAINABILITY.
Not later than one year after the date of the enactment of
this Act, the Attorney General and Secretary of the
Department of Health and Human Services shall issue and
disseminate guidance and best practices to improve sexual
assault forensic nurse exam training and program
sustainability. Such guidance shall include technical
assistance and best practices with respect to--
(1) aspects of performing the medical forensic exam,
including anogenital photography, other photographic
documentation, photographic documentation record management,
and quality assurance peer review;
(2) training and certification;
(3) leadership development;
(4) examiner program sustainability and examiner retention;
(5) education of community stakeholders, including law
enforcement officials, victim advocates, and prosecutors; and
(6) use of telehealth for both training examiners and
conducting the exams, including the Project ECHO model and
other models.
amendment no. 2 offered by ms. bush of missouri
Page 78, line 16, strike ``; and'' and insert a semicolon.
Page 78, after line 16, insert the following (and
redesignate the following subparagraphs accordingly):
(P) the program under Chapter 11 of subtitle B of the
Violence Against Women Act of 1994 (34 U.S.C. 12351 et seq.);
and
amendment no. 3 offered by ms. bush of missouri
Page 224, line 5, insert after ``submit to Congress'' the
following: ``and make publicly available on the Department of
Justice website''.
amendment no. 4 offered by mr. case of hawaii
Page 168, insert after line 5, insert the following:
(16) Native Hawaiians experience a disproportionately high
rate of human trafficking with 64 percent of human
trafficking victims in the State of Hawai'i identifying as at
least part Native Hawaiian.
Page 219, insert the following before line 4, and conform
the table of contents accordingly:
SEC. 1204. REVIEW ON NATIVE AMERICAN INTERACTIONS WITH LAW
ENFORCEMENT.
(a) Review on Law Enforcement Affecting Native Hawaiians.--
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall conduct a comprehensive
review of law enforcement and other crime prevention programs
targeting criminal offenses that affect Native Hawaiians,
including child sexual exploitation, child abuse, intimate
partner violence, human trafficking, missing or murdered
individuals, and substance abuse and submit to Congress a
report thereon. The review shall include for each such
program the amount of Federal funding for the program that is
received by Native Hawaiian-serving organizations as a
percentage of the total amount disbursed by the program. The
review shall also include recommendations relating to--
(1) social, educational, economic, and any other factor
that may contribute to a Native Hawaiian becoming a missing
or murdered Native Hawaiian; and
(2) legislation to reduce the likelihood that a Native
Hawaiian may become a missing or murdered Native Hawaiian.
(b) Review of Native Hawaiian Victims of Various Crimes.--
Not later than 180 days after the date of enactment of this
Act, the Attorney General shall conduct a comprehensive
review of programs that provide services to victims of
criminal offenses affecting Native Hawaiians, including child
sexual exploitation, child abuse, intimate partner violence,
human trafficking, and substance abuse. The report shall
include for each such program the amount of Federal funding
that is received by Native Hawaiian-serving organizations as
a percentage of--
(1) the total amount disbursed by the program; and
(2) the total amount of Federal funds disbursed by the
program.
(c) Report on Native Hawaiians in the Criminal Justice
System.--
(1) Criminal justice system.--Not later than 180 days after
the date of enactment of this Act, the Attorney General,
acting through the National Institute of Justice, in
coordination with the Bureau of Justice Statistics, shall
report on the interaction of Native Hawaiians with the
criminal justice system, including the percentage of persons
who are Native Hawaiians out of the total of--
(A) all persons arrested;
(B) all persons detained in Federal, State, and local
jails;
(C) all persons subject to pretrial supervision;
(D) all persons subject to post-conviction supervision;
(E) all persons incarcerated in Federal and State prisons;
and
(F) all persons subject to post-release supervision.
(2) Programs and services.--The report shall also include
the programs and services available to and used by Native
Hawaiians in various jurisdictions, including diversion
programs, in-prison education programs, and reentry services.
The report shall also include the number of culturally
relevant programs available to Native Hawaiians who interact
with the criminal justice system. The report shall also
include data on the number of Native Hawaiians who are
incarcerated and placed in Federal and private facilities
more than 200 miles from their place of residence.
(3) Recommendations.--The report shall also include
recommendations relating to--
(A) social, educational, economic, and any other factor
that may contribute to a Native Hawaiian becoming involved in
the criminal justice system; and
(B) legislation to reduce the likelihood that a Native
Hawaiian may become involved in the criminal justice system.
amendment no. 5 offered by mr. connolly of virginia
At the end of the bill, add the following:
SEC. __. SEXUAL ASSAULT SURVIVORS' RIGHTS.
Section 3772(a)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting the following new subparagraph:
``(D) be informed of the status and location of a sexual
assault evidence collection kit.''.
amendment no. 6 offered by mr. crist of florida
Page 21, line 20, strike ``and''.
Page 22, line 2, strike the period and all that follows on
that line and insert ``; and''.
Page 22, insert after line 2 the following:
``(24) paying any fees charged by any governmental
authority for furnishing a victim or the child of a victim
with any of the following documents:
``(A) A birth certificate of the person.
``(B) An identification card issued to the person by a
State, that shows that the person is a resident of the
State.''.
amendment no. 7 offered by mr. rodney davis of illinois
Page 150, line 10, insert after ``economic security'' the
following: ``, including the impact of the COVID-19 pandemic
on such victims' ability to maintain economic security,''.
amendment no. 8 offered by mr. delgado of new york
Page 128, after line 2, add the following (and redesignate
the following paragraphs accordingly):
(7) Studies have found that individuals living in rural
areas facing intimate partner violence often face barriers to
accessing resources, ranging from health care to the criminal
justice system.
amendment no. 9 offered by mr. delgado of new york
Page 151, after line 10, add the following (and redesignate
the following paragraphs accordingly):
(3) analysis of the unique barriers faced by survivors
living in rural communities;
amendment no. 10 offered by mrs. dingell of michigan
At the end of the bill, add the following:
SEC. ___. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT
PROTECTION ORDER PILOT PROGRAMS.
Part U of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended--
(1) by redesignating sections 2103, 2104, and 2105 as
sections 2104, 2105, and 2106, respectively; and
(2) by inserting after section 2102 the following:
``SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT
PROTECTION ORDER PILOT PROGRAMS.
``(a) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a State or tribal court that is
part of a multidisciplinary partnership that includes, to the
extent practicable--
``(1) State, tribal, or local law enforcement agency;
``(2) a State, tribal, or local prosecutor advocate group;
``(3) a victim service provider or State or tribal domestic
violence coalition;
``(4) a nonprofit program or government agency with
demonstrated experience in providing legal assistance or
legal advice to victims of domestic violence and sexual
assault;
``(5) the bar association of the applicable State or Indian
Tribe;
``(6) the State or tribal association of court clerks;
``(7) a State, tribal, or local association of criminal
defense attorneys;
``(8) not fewer than 2 individuals with expertise in the
design and management of court case management systems and
systems of integration;
``(9) not fewer than 2 State or tribal court judges with
experience in--
``(A) the field of domestic violence; and
``(B) issuing protective orders; and
``(10) a judge assigned to the criminal docket of the State
or tribal court.
``(b) Grants Authorized.--
``(1) In general.--In addition to grants authorized under
section 2101, the Attorney
[[Page H1465]]
General shall make grants to eligible entities to carry out
the activities described in subsection (c) of this section.
``(2) Number.--The Attorney General may award not more than
10 grants under paragraph (1).
``(3) Amount.--The amount of a grant awarded under
paragraph (1) may be not more than $1,500,000.
``(c) Mandatory Activities.--
``(1) In general.--An eligible entity that receives a grant
under this section shall use the grant funds, in consultation
with the partners required under subsection (a), to--
``(A) develop and implement a program for properly and
legally serving protection orders through electronic
communication methods to--
``(i) modernize the service process and make the process
more effective and efficient;
``(ii) provide for improved safety of victims; and
``(iii) make protection orders enforceable as quickly as
possible;
``(B) develop best practices relating to the service of
protection orders through electronic communication methods;
``(C) ensure that the program developed under subparagraph
(A) complies with due process requirements and any other
procedures required by law or by a court; and
``(D) implement any technology necessary to carry out the
program developed under subparagraph (A), such as technology
to verify and track the receipt of a protection order by the
intended party.
``(2) Timeline.--An eligible entity that receives a grant
under this section shall--
``(A) implement the program required under paragraph (1)(A)
not later than 2 years after receiving the grant; and
``(B) carry out the program for not fewer than 3 years.
``(d) Diversity of Recipients.--The Attorney General shall
award grants under this section to eligible entities in a
variety of areas and situations, including--
``(1) a State court that serves a population of not fewer
than 1,000,000 individuals;
``(2) a State court that--
``(A) serves a State that is among the 7 States with the
lowest population density in the United States; and
``(B) has a relatively low rate of successful service with
respect to protection orders, as determined by the Attorney
General;
``(3) a State court that--
``(A) serves a State that is among the 7 States with the
highest population density in the United States; and
``(B) has a relatively low rate of successful service with
respect to protection orders, as determined by the Attorney
General;
``(4) a court that uses an integrated, statewide case
management system;
``(5) a court that uses a standalone case management
system;
``(6) a tribal court; and
``(7) a court that serves a culturally specific and
underserved population.
``(e) Application.--
``(1) In general.--An eligible entity shall submit an
application to the Attorney General that includes--
``(A) a description of the process that the eligible entity
uses for service of protection orders at the time of
submission of the application;
``(B) to the extent practicable, statistics relating to
protection orders during the 3 calendar years preceding the
date of submission of the application, including rates of--
``(i) successful service; and
``(ii) enforcement;
``(C) an initial list of the entities serving as the
partners required under subsection (a); and
``(D) any other information the Attorney General may
reasonably require.
``(2) No other application required.--An eligible entity
shall not be required to submit an application under section
2102 to receive a grant under this section.
``(f) Technical Assistance.--Notwithstanding section
40002(b)(11) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(b)(11)), as applied under section 2106 of this
part, not less than 5 percent and not more than 8 percent of
the total amounts appropriated to carry out this section
shall be available to the Attorney General for technical
assistance relating to the purposes of this section.
``(g) Report to Attorney General.--
``(1) Initial report.--Not later than 2 years after
receiving a grant under this section, an eligible entity
shall submit to the Attorney General a report that details
the plan of the entity for implementation of the program
under subsection (c).
``(2) Subsequent reports.--
``(A) In general.--Not later than 1 year after implementing
the program under subsection (c), and not later than 2 years
thereafter, an eligible entity shall submit to the Attorney
General a report that describes the program implemented under
subsection (c), including with respect to--
``(i) viability;
``(ii) cost;
``(iii) service statistics;
``(iv) challenges;
``(v) analysis of the technology used to fulfill the goals
of the program;
``(vi) analysis of any legal or due process issues
resulting from the electronic service method described in
subsection (c)(1)(A); and
``(vii) best practices for implementing such a program in
other similarly situated locations.
``(B) Contents of final report.--An eligible entity shall
include in the second report submitted under subparagraph (A)
recommendations for--
``(i) future nationwide implementation of the program
implemented by the eligible entity; and
``(ii) usage of electronic service, similar to the service
used by the eligible entity, for other commonly used court
orders, including with respect to viability and cost.
``(h) No Regulations or Guidelines Required.--
Notwithstanding section 2105, the Attorney General shall not
be required to publish regulations or guidelines implementing
this section.
``(i) Authorization of Appropriations.--In addition to
amounts otherwise made available to carry out this part,
there is authorized to be appropriated to carry out this
section $10,000,000 for fiscal years 2019 through 2024.''.
amendment no. 11 offered by mr. kahele of hawaii
Page 210, line 14, by striking ``and gender identity'' and
inserting ``gender identity and status as an American Indian,
Alaska Native or Native Hawaiian''.
Page 210, after line 14, insert the following (and
redesignate the following subparagraphs accordingly):
(C) data on the number of women who are incarcerated and
placed in federal and private facilities more than 200 miles
from their place of residence;
Page 212, line 13, by striking ``Justice)'' and inserting
``Justice, Indian Tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act), and
Native Hawaiian organizations (as defined in Section 6207 of
the Elementary and Secondary Education Act of 1965))''.
Page 212, line 26, by striking ``; and'' and inserting a
semicolon.
Page 213, line 5, by striking the period at the end and
inserting ``; and''.
Page 213, after line 5, by inserting the following:
(D) other support tailored to the needs of Indigenous
women, including American Indian, Alaska Native, and Native
Hawaiian women.
amendment no. 12 offered by mr. lamb of pennsylvania
Page 39, line 21, strike ``and'' at the end.
Page 39, insert after line 21 the following (and
redesignate succeeding provisions accordingly):
(2) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to develop, expand, implement, and improve the
quality of sexual assault forensic medical examination or
sexual assault nurse examiner programs.'';
(3) in subsection (b)(5), by inserting after ``by the lack
of access to''the following: ``quality forensic sexual
assault examinations by trained healthcare providers,''.
amendment no. 13 offered by mrs. lawrence of michigan
Page 28, after line 18, by inserting the following:
``(28) To develop or strengthen polocies and training for
law enforcement officers, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances of
domestic violene, dating violence, sexual assault, and
stalking against individuals who have been arrested or
otherwise have contact with the juvenile or adult criminal
justice system, and to develop or strengthen diversion
programs for such individuals and for such individuals to
receive comprehensive victim services.''.
amendment no. 14 offered by mrs. lawrence of michigan
Page 29, strike line 19 and insert the following:
``(G) certify that the laws, policies, and practices of the
State in which the eligible grantee resides prohibits the
prosecution of a minor under the age of 18 with respect to
prostitution; and''; and
amendment no. 15 offered by ms. leger fernandez of new mexico
Page 192, insert after line 24 the following:
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office on Violence
Against Women shall--
(1) in consultation with the Substance Abuse and Mental
Health Services Administration, report to Congress on actions
taken to prevent suicide amongst survivors of sexual assault,
domestic violence, dating violence, and stalking; and
(2) in consultation with the Substance Abuse and Mental
Health Services Administration, establish best practices to
prevent suicide amongst survivors of sexual assault, domestic
violence, dating violence, and stalking.
amendment no. 16 offered by ms. leger fernandez of new york
Page 33, line 14, by striking ``; and'' and inserting a
semicolon.
Page 33, line 16, by striking the period at the end and
inserting ``; and''.
Page 33, after line 16, by adding the following:
(3) by adding at the end the following new subsection:
``(h) Cultural Relevance.--Any services provided pursuant
to a grant funded under
[[Page H1466]]
this section shall be provided in a culturally relevant
manner.''.
Page 158, after line 13, add the following:
(e) Cultural Relevance.--Any outreach or education campaign
conducted pursuant to this section shall be conducted in a
culturally relevant manner.
amendment no. 17 offered by mr. levin of michigan
Page 19, strike line 11 and all that follows through line
15, and insert the following:
(A) in paragraph (3)--
(i) by striking ``prosecution policies'' and inserting
``prosecution policies, such as implementing a vertical
prosecution system,''; and
(ii) by inserting before the semicolon at the end the
following: ``including implementation of the non-
discrimination requirements in section 40002(b)(13) of the
Violence Against Women Act of 1994''.
amendment no. 18 offered by ms. meng of new york
Page 198, insert after line 5 the following (and
redesignate succeeding subsections accordingly):
``(d) Intake and Assessments.--The Director shall
administer family-focused programming at intake, such as
questions about children, gauge interest in parenting
resources, and concerns about their child or caregiving; and
administer ongoing assessment to better inform, identify, and
make recommendations about the mother's parental role and
familial needs.''.
Page 198, insert after line 21 the following (and
redesignate succeeding subsections accordingly):
``(g) Family Needs Training.--The Director shall provide
training to correctional officers and employees of the Bureau
of Prisons who engage with prisoners' families on--
``(1) how to interact with children in an age-appropriate
manner, and the children's caregivers;
``(2) basic childhood and adolescent development
information; and
``(3) basic customer service skills.''.
Page 212, line 26, strike ``and'' at the end.
Page 213, line 5, strike the period at the end and insert
``; and''.
Page 213, insert after line 5 the following:
(D) the need to ensure a family-focused reentry, by
including incarcerated mothers, their children, and their
caregivers to create family reentry planning and programming;
and informing reentry information to visiting families.
amendment no. 19 offered by ms. meng of new york
Page 199, line 5, add at the end the following:
``1A``The Director shall make rules--
``(A) on the distribution and accessibility of sanitary
products to prisoners, to ensure each prisoner who requires
these products receives a quantity the prisoner deems
sufficient; and
``(B) providing that no visitor is prohibited from visiting
a prisoner due to the visitor's use of sanitary products.''.
amendment no. 20 offered by ms. moore of wisconsin
At the end of title V, add the following:
SEC. __. MATERNAL MORTALITY OR MORBIDITY STUDY.
(a) Study.--The Secretary of Health and Human Services, in
collaboration with the Center for Disease Control and
Prevention and in consultation with the Attorney General, the
Director of the Indian Health Service, and other stakeholders
(including community based organizations), shall conduct a
study on the whether victims of domestic violence, dating
violence, sexual assault, or stalking throughout the United
States are more at risk of maternal mortality or morbidity as
a result of issues related to domestic violence, dating
violence, sexual assault, or stalking.
(b) Reports.--Not later than three years after the date of
enactment of this title, the Secretary of Health and Human
Services, in consultation with the Attorney General, the
Director of the Indian Health Service, and other stakeholders
(including community based organizations), shall report to
Congress on the study conducted under subsection (a). The
report shall include:
(1) An analysis of the extent in which domestic violence,
dating violence, sexual assault, or stalking result in
pregnancy related death.
(2) An analysis of the impact of domestic violence, dating
violence, sexual assault or stalking on access to health
care.
(3) A breakdown of individuals particularly impacted by
domestic violence, dating violence, sexual assault, or
stalking, by race and ethnicity.
(4) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on Tribal communities
and among Native Americans.
(5) An assessment of the factors that increase risks for
infant and maternal mortality or morbidity among survivors of
domestic violence, dating violence, sexual assault, or
stalking.
(6) Recommendations for legislative or policy changes to
help reduce infant and maternal mortality rates.
(7) Best practices to reduce pregnancy related deaths among
survivors of domestic violence, dating violence, sexual
assault, or stalking.
(8) Any other information on maternal mortality or
morbidity the the Secretary determine appropriate to include
in the report.
amendment no. 21 offered by ms. moore of wisconsin
Page 51, insert after line 18 the following:
SEC. 207. AUTHORIZATION OF THE FAST INITIATIVE.
Section 41601(e) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511(e)) is amended by
adding at the end the following:
``(g) Forensic-Medical and Advocacy Services for Tribes
Initiative.--
``(1) In general.--The Attorney General, in consultation
with the Secretary of Health and Human Services, shall make
grants to eligible entities establish, sustain, or expand
programs offering sexual assault medical forensic exams and
sexual assault victim services in tribal communities.
``(2) Eligible entity.--An eligible entity any of the
following:
``(A) A State, local, or Federally recognized tribal
government.
``(B) An agency of a State, local, or Federally recognized
tribal government.
``(C) A nonprofit organization.
``(D) A tribal organization.
``(E) An entity, the principal purpose of which is to
provide healthcare, such as a hospital, clinic, or health
department.
``(F) An institution of higher education.
``(3) Funding.--Of the amount made available to carry out
this section, $14,000,000 shall be for grants under this
subsection.
``(4) Priority.--The Attorney General shall give priority
to applicants proposing innovative ways of bringing
experienced sexual assault forensic exams to remote tribal
communities.
``(5) Applicant requirements.--Applicants shall demonstrate
coordination with victim service providers, law enforcement
(including a crime laboratory), and prosecutors.
``(6) Use of funds.--Recipients of a grant under this
subsection may use such funds to hire a sexual assault
response team.''.
amendment no. 22 offered by ms. newman of illinois
Page 231, insert after line 17 the following:
SEC. 1411. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE
ASSISTANCE FOR MICROBUSINESSES.
Section 41501(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12501(b)) is amended--
(1) in paragraph (2), by inserting after ``State and local
governments'' the following: ``, and employers with fewer
than 20 employees''; and
(2) in paragraph (3), by inserting before the period at the
end the following: ``, which materials shall include a
website with resources for employers with fewer than 20
employees, including live training materials''.
amendment no. 23 offered by ms. omar of minnesota
Page 151, line 5, insert `` credit history,'' after
``health care access,''.
amendment no. 24 offered by ms. omar of minnesota
Page 151, line 24, strike ``and''.
Page 152, line 4, strike the period at the end and insert
``; and''.
Page 152, after line 4, insert the following:
(6) barriers that impede victims' ability to pursue legal
action, including legal costs and filing fees, and
complexities of the jurisdiction of law enforcement agencies.
amendment no. 25 offered by mr. phillips of minnesota
Add, at the end of the bill, the following (and conform the
table of contents accordingly):
TITLE XVII--PROTECTIONS FOR CERTAIN IMMIGRANT WOMEN
SEC. 1701. PILOT PROGRAM TO PROVIDE ADDITIONAL PROTECTIONS.
Notwithstanding any other provision of law, the Secretary
of Homeland Security shall publish an interim final rule
establishing a six year pilot program allowing nonimmigrants
authorized for employment under section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a), and their
children, to apply for lawful temporary status and travel
authorization independent of the principal nonimmigrants to
which their current status is or was tied. Such interim final
rule shall be published and take effect not later than 180
days after the date of the enactment of this Act.
amendment no. 26 offered by ms. plaskett of virgin islands
Page 231, insert after line 17 the following:
SEC. 1411. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE
IMAGES.
(a) Definitions.--In this section:
(1) Consent.--The term ``consent'' means, with respect to
an individual, an affirmative, conscious, and voluntary
authorization made by the individual free from force, fraud,
misrepresentation, or coercion of the depicted individual.
(2) Commercial pornographic content.--The term ``commercial
pornographic content'' means any material that is subject to
the record keeping requirements under section 2257 of title
18, United States Code.
(3) Depicted individual.--The term ``depicted individual''
means an individual whose body is disclosed in whole or in
part in an intimate image.
(4) Disclose.--The term ``disclose'' means to transfer,
publish, distribute, or make accessible an intimate image.
(5) Identifiable.--The term ``identifiable'' means
recognizable by an individual other than the depicted
individual from--
(A) the intimate image itself; or
[[Page H1467]]
(B) information or text displayed in connection with the
intimate image.
(6) Intimate image.--The term ``intimate image''--
(A) means a photograph, film, video recording, or digital
recording that shows--
(i) the uncovered genitals, pubic area, anus, or female
nipple of an individual;
(ii) the display or transfer of bodily sexual fluids on to
any part of the body of an individual;
(iii) an individual engaging in sexually explicit conduct;
or
(iv) an individual being subjected to sexually explicit
conduct; and
(B) includes any image described in subparagraph (A)
captured or recorded while the depicted individual was in a
public place if--
(i) the depicted individual did not voluntarily display the
content depicted in the image; or
(ii) the depicted individual did not consent to the sexual
conduct depicted in the image.
(7) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given the term in
subparagraphs (A) and (B) of section 2256(2) of title 18,
United States Code.
(b) Civil Action.--
(1) Right of action.--Except as provided in paragraph (4),
a depicted individual, or in the case of a depicted
individual who is a minor, the parent of the depicted
individual, whose intimate image is disclosed, in or through
interstate or foreign commerce or using a means of interstate
or foreign commerce (including the internet), without the
consent of the depicted individual, and such disclosure was
made by a person who acted knowingly without, or with
reckless disregard for, the consent of the depicted
individual to such disclosure, may bring a civil action
against that person in an appropriate district court of the
United States for appropriate relief.
(2) Consent.--For purposes of an action under paragraph
(1)--
(A) evidence that the depicted individual provided consent
to the capture or recording of the intimate image shall not,
by itself, constitute evidence that the depicted individual
provided consent to the disclosure of the intimate image; and
(B) evidence that the depicted individual disclosed the
image to the person alleged to have violated paragraph (1)
shall not, by itself, constitute evidence that the depicted
individual provided consent to the further disclosure of the
intimate image.
(3) Relief.--
(A) In general.--In a civil action filed under this
section--
(i) an individual may recover the actual damages sustained
by the individual or liquidated damages in the amount of
$150,000, and the cost of the action, including reasonable
attorney's fees and other litigation costs reasonably
incurred; and
(ii) the court may, in addition to any other relief
available at law, order equitable relief, including a
temporary restraining order, a preliminary injunction, or a
permanent injunction ordering the defendant to cease display
or disclosure of the image.
(B) Preservation of anonymity.--In ordering relief under
subparagraph (A), the court may grant injunctive relief
maintaining the confidentiality of a plaintiff using a
pseudonym.
(4) Exceptions.--A depicted individual may not bring an
action for relief under this section relating to--
(A) an intimate image that is commercial pornographic
content unless--
(i) the content was produced by force, fraud,
misrepresentation, or coercion of the depicted individual;
and
(ii) the claim of force, fraud, misrepresentation, or
coercion under clause (i) is demonstrated through a
preponderance of evidence;
(B) a disclosure made in good faith--
(i) to a law enforcement officer or agency;
(ii) as part of a legal proceeding;
(iii) as part of medical education, diagnosis, or
treatment; or
(iv) in the reporting or investigation of--
(I) unlawful content; or
(II) unsolicited or unwelcome conduct;
(C) a matter of public concern or public interest; or
(D) a disclosure reasonably intended to assist the depicted
individual.
amendment no. 27 offered by ms. pressley of massachusetts
Page 51, insert after line 18 the following:
SEC. 206. LESBIAN, GAY, BISEXUAL, AND TRANSGENDER SPECIFIC
SERVICES PROGRAM.
(a) Establishment.--The Attorney General, acting through
the Director of the Violence Against Women Office, shall make
grants to eligible entities to enhance LGBTQ+ 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 the following:
(A) The maintenance and replication of existing successful
LGBTQ+ specific domestic violence, dating violence, sexual
assault, and stalking community-based programs providing
services and resources for LGBTQ+ victims of domestic
violence, dating violence, sexual assault, and stalking.
(B) The development of innovative LGBTQ+ specific
strategies and projects to enhance access to services and
resources for LGBTQ+ 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.--The Director
shall make grants to community-based programs for the purpose
of enhancing LGBTQ+ specific services for victims of domestic
violence, dating violence, sexual assault, and stalking.
Grants under the program shall support community-based
efforts to address distinctive LGBTQ+ specific responses to
domestic violence, dating violence, sexual assault, and
stalking, including--
(A) providing or enhancing services for LGBTQ+ victims of
domestic violence, dating violence, sexual assault, or
stalking, including services that address the safety,
emotional well-being, economic, housing, legal and workplace
needs of LGBTQ+ victims;
(B) supporting programs that specifically address
underserved LGBTQ+ communities, including culturally specific
communities, to provide specific resources and support for
LGBTQ+ underserved victims of domestic violence, dating
violence, sexual assault, and stalking;
(C) working in cooperation with the community to develop
education and prevention strategies highlighting LGBTQ+
specific issues and resources regarding victims of domestic
violence, dating violence, sexual assault, and stalking;
(D) conducting outreach activities to ensure that LGBTQ+
people who are victims of domestic violence, dating violence,
stalking, or sexual assault receive appropriate assistance;
(E) providing training for victim service organizations,
governmental agencies, courts, law enforcement and other
first responders, and nonprofit, nongovernmental
organizations serving the LGBT community about risk
reduction, intervention, prevention and the nature of
domestic violence, dating violence, stalking, and sexual
assault for LGBTQ+ individuals;
(F) developing and implementing LGBTQ+ specific programming
that incorporates alternative justice responses that are
focused on victim autonomy, agency and safety in order to
provide resolution and restitution for the victim; and
(G) providing LGBTQ+ specific programs for LGBTQ+ parents
of children exposed to domestic violence, dating violence,
sexual assault, and stalking; (H) examining the dynamics of
anti-LGBTQ+ bias and its impact on victimization and healing.
(3) Technical assistance and training.--The Director shall
provide technical assistance and training to grantees of this
and other programs under this Act regarding the development
and provision of effective LGBTQ+ specific community-based
services by entering into cooperative agreements or contracts
with an organization or organizations having a demonstrated
expertise in and whose primary purpose is addressing the
development and provision of LGBTQ+ specific community-based
services to victims of domestic violence, dating violence,
sexual assault, and stalking.
(c) Eligible Entities.--Eligible entities for grants under
this section include--
(1) community-based programs, the primary purpose of which
is providing LGBTQ+ specific services to victims of domestic
violence, dating violence, sexual assault, and stalking; and
(2) community-based programs, the primary purpose of which
is providing LGBTQ+ specific services that can partner with a
program having demonstrated expertise in serving victims of
domestic violence, dating violence, sexual assault, and
stalking, and that agrees to receive technical assistance
from a program with LGBTQ+ specific expertise.
(d) Reporting.--The Director shall issue a biennial report
on the distribution of funding under this section, the
progress made in replicating and supporting increased
services to LGBTQ+ victims of domestic violence, dating
violence, sexual assault, and stalking and the types of
LGBTQ+ specific programs, strategies, technical assistance,
and training developed or enhanced through this program.
(e) Grant Period.--The Director shall award grants for a 2-
year period, with a possible extension of another 2 years to
implement projects under the grant.
(f) Evaluation.--The Director shall award a contract or
cooperative agreement to evaluate programs under this section
to an entity with the demonstrated expertise in and primary
goal of providing enhanced access to services and resources
for victims of domestic violence, dating violence, sexual
assault, and stalking who face obstacles to using more
traditional services and resources.
(g) Non-exclusivity.--Nothing in this section shall be
construed to exclude LGBTQ+ community-based programs from
applying to other grant programs authorized under this Act.
(h) Authorization of Appropriations.--
(1) In general.--Two percent the amounts appropriated to
carry out a covered grant program for each of fiscal years
2022 through 2026, shall be made available for grants under
this section.
(2) Covered grant program.--In this section, the term
``covered grant program'' means any of the following: --
(A) Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10461).
(B) Section 1301 of the Violence Against Women Act of 2000
(34 U.S.C. 12464).
(3) Additional amount.--In addition to the funds described
in paragraph (1), there is authorized to be appropriated to
carry out this
[[Page H1468]]
section $8,000,000 for each of fiscal years 2022 through
2026. Funds appropriated under this paragraph shall remain
available until expended.
amendment no. 28 offered by ms. ross of north carolina
Page 121, insert after line 21 the following:
``(26) To develop of statewide databases with information
on where sexual assault nurse examiners are located.''.
amendment no. 29 offered by ms. ross of north carolina
Page 81, insert after line 25 the following:
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--A covered housing provider shall
prioritize the safety of victims when making housing and
housing-related decisions, including admissions, terminations
of assistance, evictions, transfers, referrals, family break-
ups, and income determinations.''.
amendment no. 30 offered by ms. scanlon of pennsylvania
Page 30, insert after line 13 the following (and
redesignate succeeding paragraphs accordingly):
(3) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) to implement, expand, and establish efforts and
projects to provide legal representation for post-conviction
relief proceedings, including any proceedings relating to
vacatur, expungement, record-sealing, or other post-
conviction relief measure.''.
amendment no. 31 offered by ms. scanlon of pennsylvania
Page 8, line 4, strike ``or'' at the end.
Page 8, after line 4, insert the following (and redesignate
provisions accordingly):
``(iii) in the case of legal services provided at a
facility operated by the Department of Veterans Affairs, a
representative authorized by the Secretary who is providing
legal services in connection with medical services, and other
unmet legal needs, such as issues related to child custody,
elder law, and landlord-tenant disputes; or''.
Amendment No. 32 Offered by Ms.Speier of California
Page 231, insert after line 17 the following:
SEC. 1411. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL
DEPICTIONS.
(a) Short Title.--This section may be cited as the
``Stopping Harmful Image Exploitation and Limiting
Distribution Act of 2021'' or the ``SHIELD Act of 2021''.
(b) In General.--Chapter 88 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1802. Certain activities relating to intimate visual
depictions
``(a) Definitions.--In this section:
``(1) Communications service.--The term `communications
service' means--
``(A) a service provided by a person that is a common
carrier, as that term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), insofar as the
person is acting as a common carrier;
``(B) an electronic communication service, as that term is
defined in section 2510;
``(C) an information service, as that term is defined in
section 3 of the Communications Act of 1934 (47 U.S.C. 153);
and
``(D) an interactive computer service, as that term is
defined in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)).
``(2) Information content provider.--The term `information
content provider' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(3) Intimate visual depiction.--The term `intimate visual
depiction' means any visual depiction (as that term is
defined in section 2256(5))--
``(A) of an individual who is reasonably identifiable from
the visual depiction itself or information displayed in
connection with the visual depiction;
``(B) in which--
``(i) the individual has obtained 18 years of age and is
engaging in sexually explicit conduct; or
``(ii) the naked genitals, anus, pubic area or post-
pubescent female nipple of the individual are visible;
``(C) in which the content described in subparagraph (B) is
not simulated; and
``(D) in original or modified format.
``(4) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in section
2256(2)(A).
``(b) Offense.--Except as provided in subsection (d), it
shall be unlawful to knowingly use any means or facility of
interstate or foreign commerce to distribute an intimate
visual depiction of an individual--
``(1) with knowledge of or reckless disregard for--
``(A) the lack of consent of the individual to the
distribution; and
``(B) the reasonable expectation of the individual that the
depiction would remain private; and
``(2) without an objectively reasonable belief that such
distribution touches upon a matter of public concern.
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 2
years, for each individual victim depicted, or both.
``(d) Exceptions.--
``(1) Law enforcement, lawful reporting, and other legal
proceedings.--This section--
``(A) does not prohibit any lawful law enforcement,
correctional, or intelligence activity;
``(B) shall not apply in the case of an individual acting
in good faith to report unlawful activity or in pursuance of
a legal or professional or other lawful obligation; and
``(C) shall not apply in the case of a document production
or filing associated with a legal proceeding.
``(2) Service providers.--This section shall not apply to
any provider of a communications service with regard to
content provided by another information content provider
unless the provider of the communications service
intentionally solicits, or knowingly and predominantly
distributes, content that the provider of the communications
service actually knows is in violation of this section.
``(e) Threats.--Any person who intentionally threatens to
commit an offense under subsection (b) shall be punished as
provided in subsection (c).
``(f) Venue and Extraterritoriality.--A prosecution under
this section may be brought in a district where the defendant
or the depicted individual resides or in a district where the
intimate visual depictions are distributed. There is
extraterritorial Federal jurisdiction over an offense under
this section if the defendant or the depicted individual is a
citizen or permanent resident of the United States.''.
(c) Clerical Amendment.--The table of sections of chapter
88 of title 18, United States Code, is amended by inserting
after the item relating to section 1801 the following:
``1802. Certain activities relating to intimate visual depictions.''.
amendment no. 33 offered by Ms. Speier of california
At the end of the bill, add the following:
SEC. __. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
(a) In General.--The Secretary of Education shall, in
consultation with the Attorney General, Director of the
Centers for Disease Control, and the Secretary of the
Department of Health and Human Services and experts in
domestic violence, dating violence, sexual assault, sexual
harassment, and stalking, develop, design, and make available
through a secure and accessible online portal, a standardized
online survey tool regarding student experiences with
domestic violence, dating violence, sexual assault, sexual
harassment, and stalking.
(b) Development of Survey Tool.--In developing the survey
tool required under subsection (a), the Secretary of
Education shall--
(1) use best practices from peer-reviewed research
measuring domestic violence, dating violence, sexual assault,
sexual harassment, and stalking;
(2) consult with the higher education community, experts in
survey research related to domestic violence, dating
violence, sexual assault, sexual harassment, and stalking,
and organizations engaged in the prevention of and response
to, and advocacy on behalf of victims of, domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking regarding the development and design of such survey
tool and the methodology for administration of such survey
tool; and
(3) ensure that the survey tool is readily accessible to
and usable by individuals with disabilities.
(c) Elements.--
(1) In general.--The survey tool developed pursuant to this
paragraph shall be fair and unbiased, scientifically valid
and reliable, and meet the highest standards of survey
research.
(2) Survey questions.--Survey questions included in the
survey tool developed pursuant to this section shall--
(A) be designed to gather information on student
experiences with domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, including the
experiences of victims of such incidents;
(B) use trauma-informed language to prevent
retraumatization; and
(C) include the following:
(i) Questions that give students the option to report their
demographic information.
(ii) Questions designed to determine the incidence and
prevalence of domestic violence, dating violence, sexual
assault, sexual harassment, and stalking.
(iii) Questions regarding whether students know about
institutional policies and procedures related to domestic
violence, dating violence, sexual assault, sexual harassment,
and stalking.
(iv) Questions designed to determine, if victims reported
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking--
(I) to whom the incident was reported and what response the
victim may have received;
(II) whether the victim was informed of, or referred to,
national, State, local, or on-campus resources; and
(III) whether the entity to whom the victim reported the
incident conducted an investigation and the duration and
final resolution of such an investigation.
(v) Questions regarding contextual factors, such as whether
force, incapacitation, or coercion was involved.
(vi) Questions to determine whether an accused individual
was a student at the institution.
[[Page H1469]]
(vii) Questions to determine whether a victim reported an
incident to State, local, or campus law enforcement.
(viii) Questions to determine why the victim chose to
report or not report an incident to the institution or State,
local, or campus law enforcement.
(ix) Questions to determine the impact of domestic
violence, dating violence, sexual assault, sexual harassment,
and stalking on the victim's education, including diminished
grades, dropped classes, leaves of absence, and negative
financial consequences (such as costs associated with loss in
paid tuition due to leaves of absence, loss in scholarship
awards due to diminished grades, and cost associated with
counseling, medical services, or housing changes).
(x) Questions to determine the impact and effectiveness of
prevention and awareness programs and complaints processes.
(xi) Questions to determine attitudes toward sexual
violence and harassment, including the willingness of
individuals to intervene as a bystander of sex-based
(including sexual orientation-based and gender identity-
based), race-based, national origin-based, and disability-
based discrimination, harassment, assault, domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking.
(xii) Other questions, as determined by the Secretary of
Education.
(3) Additional elements.--In addition to the standardized
questions developed by the Secretary of Education under
paragraph (2), an institution may request additional
information from students that would increase the
understanding of the institution of school climate factors
unique to their campuses.
(4) Responses.--The responses to the survey questions
described in paragraph (2) shall--
(A) be submitted confidentially;
(B) not be included in crime statistics; and
(C) in the case of such responses being included in a
report, shall not include personally identifiable
information.
(d) Administration of Survey.--
(1) Federal administration.--The Secretary of Education, in
consultation with the Attorney General, Director of the
Centers for Disease Control, and Secretary of the Department
of Health and Human Services, shall develop a mechanism by
which institutions of higher education may, with respect to
the survey tool developed pursuant to this section--
(A) administer such survey tool; and
(B) modify such survey tool to include additional elements
or requirements, as determined by the institution.
(2) Costs.--The Secretary of Education may not require an
institution of higher education to pay to modify the survey
tool in accordance with paragraph (1)(B).
(3) Accessibility.--The Secretary of Education shall ensure
that the survey tool is administered in such a way as to be
readily accessible to and usable by individuals with
disabilities.
(4) Institutional administration.--Beginning not later than
one year after the date on which the Secretary of Education
makes available to institutions the mechanism described in
paragraph (1), and every 2 years thereafter, each institution
shall administer the survey tool developed pursuant to this
section.
(e) Completed Surveys.--The Secretary of Education shall
require each institution participating in any program under
this title to ensure, to the maximum extent practicable, that
an adequate, random, and representative sample size of
students (as determined by the Secretary) enrolled at the
institution complete the survey tool developed pursuant to
this section.
(f) Report.--Beginning not later than 2 years after the
date of enactment of this Act, the Secretary of Education
shall prepare a biennial report on the information gained
from the standardized elements of the survey under this
section and publish such report in an accessible format on
the website of the Department and submit such report to
Congress. The report shall include campus-level data for each
school and attributed by name of each campus in a manner that
permits comparisons across schools and campuses.
(g) Publication.--Each institution shall publish, in a
manner that is readily accessible and usable by individuals,
including individuals with disabilities--
(1) the campus-level results of the standardized elements
of the survey under this section on the website of the
institution and in the annual security report required under
subsection (f) for the campuses affiliated with the
institution; and
(2) the campus-level results of the additional elements
modifying the survey by the institution, if any, on the
website of the institution.
(h) Violation.--Upon a determination pursuant to section
487(c)(3)(B) of the Higher Education Act of 1965 (20 U.S.C.
1094(c)(3)(B)) that an institution of higher education has
violated or failed to carry out any provision under this
section, the Secretary of Education shall impose a civil
penalty upon the institution in the same amount and pursuant
to the same procedures as a civil penalty is imposed under
section 487(c)(3)(B) of the Higher Education Act of 1965 (20
U.S.C. 1094(c)(3)(B)).
amendment no. 34 offered by Ms. Speier of California
Page 231, after line 17, insert the following:
SEC. 1411. TASK FORCE ON SEXUAL VIOLENCE IN EDUCATION.
(a) Task Force on Sexual Violence in Education.--Not later
than September 1, 2022, the Secretary of Education, the
Secretary of Health and Human Services, and the Attorney
General shall establish a joint interagency task force to be
known as the ``Task Force on Sexual Violence in Education''
that shall--
(1) provide pertinent information to the Secretary of
Education, Attorney General, Congress, and the public with
respect to campus sexual violence prevention, investigations,
and responses, including the creation of consistent, public
complaint processes for violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and
section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f));
(2) provide recommendations to educational institutions for
establishing sexual assault prevention and response teams;
(3) develop recommendations for educational institutions on
providing survivor resources, including healthcare, sexual
assault kits, sexual assault nurse examiners, culturally
responsive and inclusive standards of care, trauma-informed
services, and access to confidential advocacy and support
services;
(4) develop recommendations in conjunction with student
groups at greater statistical risk of perpetuating rape
culture such as fraternities and athletic departments for
best practices for responses and prevention with respect to
sexual violence and dating violence for educational
institutions, taking into consideration an institution's size
and resources;
(5) develop recommendations for educational institutions on
sex education, as appropriate, training for school staff, and
various equitable discipline models;
(6) develop recommendations on culturally responsive and
inclusive approaches to supporting survivors, which include
consideration of race, ethnicity, national origin, immigrant
status, gender identity, sexual orientation, ability,
disability, socio-economic status, exposure to trauma, and
other compounding factors;
(7) solicit periodic input from a diverse group of
survivors, trauma specialists, advocates from national,
State, and local anti-sexual violence advocacy organizations,
institutions of higher education, and other public
stakeholders;
(8) assess the Department of Education's ability under
section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) and the advisability of additional remedies for such
noncompliance, in addition to the remedies already available
under Federal law; and
(9) create a plan described in subsection (c).
(b) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of a component of any Federal
agency that is funded under the Violence Against Women Act of
1994 (42 U.S.C. 13925 et seq.) may detail an officer or
employee of such component to the Task Force on Sexual
Violence in Education or to the Secretary of Education to
assist the Task Force with the duties described in subsection
(a), as jointly agreed to by the head of such component and
the Task Force.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) Additional Plan.--Not later than 90 days after the date
on which the Task Force on Sexual Violence in Education is
established under subsection (a), the Task Force shall submit
to Congress recommendations for recruiting, retaining, and
training a highly-qualified workforce employed by the
Department of Education to carry out investigation of
complaints alleging a violation of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and
enforcement of such title IX (20 U.S.C. 1681 et seq.) or such
section 485(f) (20 U.S.C. 1092(f)), with respect to sexual
violence in education. Such plan shall include--
(1) an assessment to identify current gaps or challenges
carrying out such investigation and enforcement, which may
include surveying current investigative workforce to solicit
feedback on areas in need of improvement;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation for the purpose of ensuring the Department of
Education has the capacity, in both personnel and skills,
needed to properly perform its mission and provide adequate
oversight of educational institutions;
(3) an assessment of the benefits of outreach and training
with both law enforcement agencies and educational
institutions with respect to such workforce;
(4) an examination of best practices for making educational
institutions aware of the most effective campus sexual
violence prevention, investigation, and response practices
and identifying areas where more research should be
conducted; and
[[Page H1470]]
(5) strategies for addressing such other matters as the
Secretary of Education considers necessary to sexual violence
prevention, investigation, and responses.
(d) Annual Report.--The Task Force on Sexual Violence in
Education shall report to Congress on an annual basis, and
make publicly available, a report of its activities and any
update of the plan required under subsection (c), including
the number of complaints received regarding sexual violence
(including violence on the basis of sexual orientation and
gender identity), the number of open investigations, the
number of complaints that continued to resolution, the number
of complaints resolved using informal resolution, the average
time to complete an investigation, the number of
investigations initiated based on complaints, and the number
of investigations initiated by the Department of Education.
(e) Definitions.--In this section:
(1) The term ``educational institution'' includes an
institution of higher education, an elementary school, or a
secondary school.
(2) The terms ``elementary school'' and ``secondary
school'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
amendment no. 35 offered by ms. speier of california
Page 231, insert after line 17 the following (and conform
the table of contents accordingly):
SEC. 1411. SURVIVORS' BILL OF RIGHTS.
(a) In General.--The Attorney General shall make grants to
States that have in place a law that provides to sexual
assault survivors the rights, at a minimum, under section
3772 of title 18, United States Code.
(b) Grant Amount.--Subject to the availability of
appropriations, a grant to a State under this section shall
be equal to 10 percent of the average of the amount of
funding of the 3 most recent awards that the State received
under part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula
Grant Program'').
(c) Application.--A State seeking a grant under this
section shall submit an application to the Attorney General
at such time, in such manner, and containing such information
as the Attorney General may reasonably require, including
information about the law described in subsection (a).
amendment no. 37 offered by mrs. torres of california
Add at the end of the bill the following:
SEC. 1611. STUDY ON CHILD CUSTODY IN DOMESTIC VIOLENCE CASES.
The Attorney General, in consultation with the Secretary of
Health and Human Services, shall conduct a study
investigating whether victims who raise evidence of domestic
violence are more likely to lose primary custody of children
to an abusive partner or to the State, including--
(1) a review of State laws, regulations, and practices on
how child neglect and custody situations are handled in
domestic violence situations; and
(2) a list of recommendations on how to restructure State
laws, regulations, and practices to better protect victims of
domestic violence and their children.
amendment no. 38 offered by mrs. torres of california
Page 158, insert after line 21 the following:
SEC. 708. STUDY ON COSTS OF DIVORCE IN DOMESTIC VIOLENCE
CASES.
The Attorney General, in coordination with the Secretary of
Health and Human Services, shall--
(1) conduct a study on the direct and collateral economic
costs and risks of divorce from an abusive partner to a
victim of domestic violence, including the payment of
alimony, legal fees, spousal support, or the division of
property, disaggregated on the basis of whether the
individual has higher earnings than their partner; and
(2) include recommendations based on the study conducted
under paragraph (1).
amendment no. 39 offered by mr. torres of new york
Page 231, insert after line 17 the following:
SEC. 1411. REPORT ON SEXUAL ASSAULT RESPONSE TEAMS AT
HOSPITALS.
In order to be eligible for funds made available by the
Department of Justice under this Act or an amendment made by
this Act, a State or unit of local government shall submit to
the Attorney General a report, on an annual basis, which
contains the following:
(1) The number of hospitals in the jurisdiction that have
sexual assault response teams (or their equivalent).
(2) The average response time of each such team in
responding to the needs, including the emotional needs, of
rape and sexual assault victims in the emergency room.
amendment no. 41 offered by ms. williams of georgia
Page 18, insert after line 23 the following:
SEC. 6. INCLUSION OF DISPARATE IMPACT IN STUDIES.
Any study conducted under this Act or an amendment made by
this Act shall include an assessment, to the extent
practicable, of any disparate impacts of the matter studied,
by race, ethnicity, sex, sexual orientation, and gender
identity.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
gentleman from New York (Mr. Nadler) and the gentlewoman from Minnesota
(Mrs. Fischbach) each will control 10 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Madam Speaker, I yield 30 seconds to the gentleman from
Florida (Mr. Crist).
Mr. CRIST. Madam Speaker, I rise today in support of my amendment,
based on the bipartisan Documents for Continued Safety Act that I
introduced with Resident Commissioner Gonzalez-Colon of Puerto Rico.
This amendment would allow STOP grants from the Department of Justice
to be used to replace vital documents for survivors of domestic
violence, free of cost. Some survivors grab all they can when they
flee, leaving vital documents behind. Other didn't have access to their
vital docs.
Rebuilding can be tough, but our amendment will help survivors turn
the page and write a new chapter, on their terms, safe and free.
{time} 1230
Mrs. FISCHBACH. Madam Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Burgess).
Mr. BURGESS. Madam Speaker, I thank the gentlewoman for yielding. I
do have one of the en bloc amendments at the desk.
Madam Speaker, this amendment requires the Department of Justice and
the Department of Health and Human Services to issue guidance on the
issues identified by a Government Accountability Office report and the
use of telehealth.
In 2018, the Energy and Commerce Oversight and Investigations
Subcommittee held an eye-opening hearing on sexual assault forensic
examinations that highlighted gaps in training and care related to
sexual assault forensic examinations. The Government Accountability
Office testified at this hearing on its 2016 report on sexual assault
forensic exams, which identified gaps in aspects of performing exams,
training, leadership development, examiner program sustainability, and
education of community stakeholders.
This amendment is simple, and it is common sense. The Department of
Justice and the Department of Health and Human Services must issue
guidance on addressing the gaps identified by GAO.
In Texas, there have been efforts to utilize telehealth, including
the Project ECHO model, to provide sexual assault forensic examinations
and training. The nurses involved in these programs have established
their success. I am sure States have employed other useful telehealth
models that should be further explored as well.
Madam Speaker, I appreciate that this amendment is endorsed by the
International Association of Forensic Nurses, signaling its importance,
and I urge support for this amendment.
Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Minnesota (Mr. Phillips).
Mr. PHILLIPS. Madam Speaker, I rise today in support of my amendment
and the underlying bill.
No one--and I mean no one--should be forced to stay in an abusive
relationship because they fear deportation. Under current law, if a
woman travels to the United States of America with someone on a
temporary visa and that relationship turns abusive, they are trapped.
My amendment to the Violence Against Women Reauthorization Act would
create a pilot program for victims of domestic abuse to apply for
independent immigration status. It is that simple, and it is that
important.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 30 seconds to the gentlewoman from
New Mexico (Ms. Leger Fernandez).
Ms. LEGER FERNANDEZ. Madam Speaker, in New Mexico, one in three women
have experienced domestic violence. We must act swiftly to reauthorize
the Violence Against Women Act. The protections in this bill are a
matter of life and death.
My State has one of the highest suicide rates. My amendment will help
prevent suicide among survivors of sexual assault.
[[Page H1471]]
It also recognizes that our diverse communities must receive
culturally relevant legal aid and outreach programs.
Let's work to end gender-based violence in all of our communities.
Mrs. FISCHBACH. Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, I thank the distinguished chairman
for yielding.
Madam Speaker, this has been a long journey, and I think it is
important to take note of the many women who have helped us and to do
this in the name of so many women who have lost their lives.
I take this moment on the floor to support the en bloc amendment but,
as well, to encourage my colleagues on the other side of the aisle of
how somber and serious a moment this is that we do not take lightly to
the floor because so many of us in our own congressional districts have
seen the scourge of domestic violence.
We have seen the rise in domestic violence in a meteoric manner under
COVID-19. It is rabid and rampant in all our cities. Our law
enforcement officers have told us it is the most dangerous call that
they can possibly make.
I am particularly concerned about sex trafficking victims, and I am
very glad the manager's amendment has language in there that indicates
that sex trafficking victims experience sexual violence and assault,
and that the Federal recognition of their recovery is important.
We look at all aspects of this important issue in our country. The en
bloc amendment represents Members' concerns for improving the treatment
of women and men, the LGBTQ community, Native Americans, and immigrant
women who are culturally diverse.
Madam Speaker, to the 200-plus organizations of the coalition, I want
to say thank you to you for advocating with us. Writing this bill in
2018 and never giving up has been the challenge that I have taken up.
I am very grateful to the many women who have joined me. Even though
it was not passed when there was a Republican President, Republican
Senate, and Republican House, and then it was blocked by the Republican
Senate, we have now come with a fully robust and comprehensive bill
that responds to the concerns of those who cannot help themselves.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Madam Speaker, I yield the gentlewoman from Texas an
additional 1 minute.
Ms. JACKSON LEE. Housing and other aspects of the provisions that are
in this bill pointedly speak to needs that have been brought to our
attention by victims. This bill deals with victims, Madam Speaker, so
when you are fleeing your home because your name is not on the lease or
the mortgage, we now have provided an expedited process for you to get
housing with your children.
We intervene and have cultural sensitivity training for men and boys.
We have a cultural sensitivity office inside the office of domestic
violence so that women of different cultural backgrounds can be
responded to, along with focusing on culturally sensitive advocacy
groups to help those women.
Yes, we do prevent a convicted person who has perpetrated a stalking
or sexual assault from getting a gun, but this bill is controlled by
due process in the Constitution.
Let's pass this bill. Women are waiting. They can't wait any longer.
Men are waiting. Many communities are waiting. We can't wait any
longer, and we must pass this bill to be signed by the President of the
United States.
Mr. NADLER. Madam Speaker, may I ask how much time remains.
The SPEAKER pro tempore. The gentleman from New York has 5\1/2\
minutes remaining. The gentlewoman from Minnesota has 8\1/2\ minutes
remaining.
Mr. NADLER. Madam Speaker, I reserve the balance of my time.
Mrs. FISCHBACH. Madam Speaker, I yield 3 minutes to the gentlewoman
from Georgia (Mrs. Greene).
Mrs. GREENE of Georgia. Madam Speaker, I rise in opposition to the 39
amendments packed into one little grouping called en bloc.
The reason why I am opposed is that while some of these amendments
are noble and worthwhile proposals on their own, they do not outweigh
the underlying problems of the legislation or some of the truly bad
amendments in this bloc.
These amendments include provisions that would further inject
identity politics into the Violence Against Women Act, which we have
heard over and over in this debate. There are studies about disparate
impacts and measures that unnecessarily differentiate how we treat
different groups of people.
This entire bloc of 39 amendments includes amendments that further
encroach on the affairs of State and local governments by creating new
grants and pilot programs and spending more of the American taxpayers'
hard-earned dollars.
One amendment in this bloc is designed to incentivize States to
legalize prostitution engaged in by minors to help sex trafficking
victims. How does this make any sense? It doesn't.
Of course, we all want to stop sex trafficking, but this proposal has
not been thought through and could have disastrous unintended
consequences. I am going to say disastrous consequences.
We need to return the Violence Against Women Act to its original
intent that Congress passed in an overwhelmingly bipartisan manner
almost 30 years ago.
H.R. 1620 will expand and alter the fundamental nature of the
Violence Against Women Act by imposing the trans agenda of putting
biological men in women's shelters and prisons. It does more to advance
the Democrats' progressive agenda than it does to protect women who
need protection.
Also concerning is the fact that this legislation did not undergo
committee consideration. One would ask: Why not?
There has been no committee hearing for this bill or these en bloc
amendments. Why not?
There has been no committee markup for this in Congress. Why not?
Rather than rushing to pass this bill, we should have taken the time
to truly examine the issues and determine what, if any, additional
resources, reviews, or studies are necessary.
We all stand in opposition to any violence against women.
Unfortunately, the government lockdowns during the COVID-19 pandemic
resulted in an increased amount of domestic violence, increased
depression, increased suicide, and increased suffering. We have an
urgent need to address violence against women--and we should at all
times--but not like this, by changing this so radically and including
biological men.
Madam Speaker, I urge my colleagues to oppose these amendments and
the underlying bill, H.R. 1620.
Mr. NADLER. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from the Virgin Islands (Ms. Plaskett).
Ms. PLASKETT. Madam Speaker, I thank Chairman Nadler for his tireless
work and the work of so many women of this Caucus, including Speaker
Pelosi, to bring this bill to fruition and to bring this bill to the
floor.
We know, and we all believe, that violence against women and the
support necessary to impede that from happening is necessary and should
be reauthorized.
I rise today in strong support of the en bloc amendment. The Nadler
amendment en bloc is the culmination of a yearslong effort to authorize
explicit Federal legal action against the nonconsensual disclosure and
public transmission of intimate visual imagery, following the lead of
dozens of the States.
Nobody, under any circumstances, should have private intimate imagery
shared on the internet without their consent. The pain that is caused
by perpetrators who knowingly share sexually explicit or nude images of
someone without their consent has ruined lives and, in many instances,
the lives of their family as well. It is weaponized to humiliate,
harass, intimidate, and even exploit people who are primarily women.
I am proud to support this amendment that will give prosecutors and
victims important tools to bring perpetrators to justice and further
deter
[[Page H1472]]
offenders from committing such a terrible and egregious violation of
privacy. Please approve this amendment and let us pass this bill.
Mrs. FISCHBACH. Madam Speaker, I urge opposition to this en bloc
amendment, and I yield back the balance of my time.
Mr. NADLER. Madam Speaker, the en bloc amendment includes a number of
very important amendments that make significant improvements to the
bill. I appreciate all the Members who contributed to this en bloc
amendment from both sides of the aisle, and I yield back the balance of
my time.
Mr. CONNOLLY. Madam Speaker, my amendment would strengthen the Sexual
Assault Survivors' Bill of Rights by providing survivors the right to
be informed of the status and location of their sexual assault evidence
collection kit.
The Survivors' Bill of Rights was enacted in 2016 and provides
fundamental protections to survivors, including: the right to receive a
free medical forensic examination; the right to have a sexual assault
kit preserved and to be informed of any results related to the
examination including a DNA profile match or toxicology reports; the
right to be informed of any disposal of a kit; and the right to prevent
such disposal if desired.
These are important protections that can be funded through Federal
grants made available through the Victims of Crime Act.
This amendment would add one additional and critical protection to
that bill of rights.
It would entitle survivors to know the status and location of their
kits, providing greater transparency to how kits are handled and
tracked by hospitals, forensic professionals, and law enforcement.
My home state of Virginia launched just such a tracking program in
2019.
In Virginia, each kit has a unique bar code and each survivor is
provided with a PIN that allows them to track the status of their kit
online.
Privacy concerns are allayed by the fact that no personally
identifying information is included in the tracking system, and it is
entirely up to the survivor whether or not they want to report their
assault to law enforcement.
This is a transformative transparency regime for a process that has
far too long been kept in the shadows, which has given rise to backlogs
and anxiety among survivors about the status of their kits and whether
they are being used to hold their attackers accountable.
The amendment is about empowering survivors, and I urge its adoption.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
previous question is ordered on the amendments en bloc offered by the
gentleman from New York (Mr. Nadler).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. FISCHBACH. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
{time} 1245
Amendment No. 36 Offered by Ms. Stefanik
The SPEAKER pro tempore. It is now in order to consider amendment No.
36 printed in part B of House Report 117-12.
Ms. STEFANIK. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike all that follows after the enacting clause, and
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Extension Act of 2021''.
SEC. 2. STOP GRANTS.
Section 1001(a)(18) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10261(a)(18)), is amended by
inserting after ``for each of fiscal years 2014 through
2018'' the following: ``, and for fiscal year 2022''.
SEC. 3. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT
OF PROTECTION ORDERS.
Section 1001(a)(19) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(19)) is
amended by inserting after ``for each of fiscal years 2014
through 2018'' the following: ``, and for fiscal year 2022''.
SEC. 4. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201(f)(1) of the Violence Against Women Act of
2000 (34 U.S.C. 20121(f)(1)) is amended by inserting after
``for each of fiscal years 2014 through 2018'' the following:
``, and for fiscal year 2022''.
SEC. 5. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301(e) of the Violence Against Women Act of 2000
(34 U.S.C. 12464(e)) is amended by inserting after ``for each
of fiscal years 2014 through 2018'' the following: ``, and
for fiscal year 2022''.
SEC. 6. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994
(34 U.S.C. 12311(c)) is amended by inserting after ``for each
of fiscal years 2014 through 2018'' the following: ``, and
for fiscal year 2022''.
SEC. 7. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 219(a) the Crime Control Act of 1990 (42 U.S.C.
13014(a)) is amended by inserting after ``for each of fiscal
years 2014 through 2018'' the following: ``, and for fiscal
year 2022''.
SEC. 8. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
Section 40295(e)(1) of the Violence Against Women Act of
1994 (34 U.S.C. 12341(e)(1)) is amended by inserting after
``for each of fiscal years 2014 through 2018'' the following:
``, and for fiscal year 2022,''.
SEC. 9. GRANTS FOR ENHANCED TRAINING AND SERVICES TO END
ABUSE LATER IN LIFE.
Section 40801(b)(5) of the Violence Against Women Act of
1994 (34 U.S.C. 12421(b)(5)) is amended by inserting after
``for each of fiscal years 2014 through 2018'' the following:
``, and for fiscal year 2022''.
SEC. 10. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304(e) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (34 U.S.C. 20125(e))
is amended by inserting after ``for each of fiscal years 2014
through 2018'' the following: ``, and for fiscal year 2022''.
SEC. 11. STUDY CONDUCTED THROUGH THE CENTERS FOR DISEASE
CONTROL AND PREVENTION.
Section 402(c) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c))
is amended by inserting after ``for each of the fiscal years
2014 through 2018'' the following: ``, and for fiscal year
2022''.
SEC. 12. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION.
Section 41303(f) of the Violence Against Women Act of 1994
(34 U.S.C. 12463(f)) is amended by inserting after ``for each
of fiscal years 2014 through 2018'' the following: ``, and
for fiscal year 2022''.
SEC. 13. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) Collaborative Grants To Increase the Long-Term
Stability of Victims.--Section 41404(i) of the Violence
Against Women Act of 1994 (34 U.S.C. 12474(i)) is amended by
inserting after ``for each of fiscal years 2014 through
2018'' the following: ``, and for fiscal year 2022,''.
(b) Grants To Combat Violence Against Women in Public and
Assisted Housing.--Section 41405(g) of the Violence Against
Women Act of 1994 (34 U.S.C. 12475(g)) is amended by
inserting after ``for each of fiscal years 2014 through
2018'' the following: ``, and for fiscal year 2022,''.
SEC. 14. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501(e) of the Violence Against Women Act of 1994
(34 U.S.C. 12501(e)) is amended by inserting after ``for each
of fiscal years 2014 through 2018'' the following: ``, and
for fiscal year 2022''.
SEC. 15. GRANTS FOR TRIBAL JURISDICTION OVER CRIMES OF
DOMESTIC VIOLENCE.
Section 204 of Public Law 90-284 (25 U.S.C. 1301 et seq.)
(commonly known as the ``Indian Civil Rights Act of 1968'')
is amended by inserting after ``for each of fiscal years 2014
through 2018'' the following: ``, and for fiscal year
2022,''.
SEC. 16. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.
Section 905(b)(2) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (28 U.S.C.
534 note) is amended by inserting after ``for each of fiscal
years 2014 through 2018'' the following: ``, and for fiscal
year 2022''.
SEC. 17. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (34
U.S.C. 12402) is amended by inserting after ``for fiscal
years 2014 through 2018'' the following: ``, and for fiscal
year 2022''.
SEC. 18. FEDERAL VICTIM ASSISTANCE REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1910) is amended by inserting
after ``for each of fiscal years 2014 through 2018'' the
following: ``, and for fiscal year 2022''.
SEC. 19. GRANTS FOR STRENGTHENING THE HEALTHCARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
Section 399P(g) of the Public Health Service Act (42 U.S.C.
280g-4(g)) is amended by inserting after ``for each of fiscal
years 2014 through 2018'' the following: ``, and for fiscal
year 2022''.
SEC. 20. TRAINING AND SERVICES TO END VIOLENCE AGAINST PEOPLE
WITH INDIVIDUALS.
Section 1402(e) of division B of the Victims of
Trafficking and Violence Protection Act
[[Page H1473]]
of 2000 (34 U.S.C. 20122(e)) is amended by inserting after
``for each of fiscal years 2014 through 2018'' the following:
``, and for fiscal year 2022''.
SEC. 21. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601(f)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511(f)(1)) is amended by
inserting after ``for each of fiscal years 2014 through
2018'' the following: ``, and for fiscal year 2022''.
SEC. 22. RAPE SURVIVOR CHILD CUSTODY.
Section 409 of the Justice for Victims of Trafficking Act
of 2015 (34 U.S.C. 21308) is amended by inserting after ``for
each of the fiscal years 2015 through 2019'' the following:
``, and for fiscal year 2022''.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
gentlewoman from New York (Ms. Stefanik) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. STEFANIK. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, more than one in three women in this country have
experienced some form of physical violence by their partner; and each
year, millions of our mothers, sisters, daughters, and friends are
victims of domestic violence and sexual abuse.
Tragically, new evidence shows that lockdowns, social isolation, and
economic insecurity caused by the COVID-19 pandemic has led to a hidden
surge in domestic violence and abuse. So now, more than ever, we must
come together to combat this crisis.
In fact, Congress has a history of doing so on a bipartisan basis.
The enactment of the Violence Against Women Act in 1994 and the
reauthorizations that followed were noncontroversial and overwhelmingly
bipartisan. Congress worked together to establish a coordinated
community response to support victims and equip the justice system with
the necessary resources to address these heinous crimes.
Yet, in 2019, House Democrats allowed VAWA's authorization to lapse
when they shunned the bipartisan history of VAWA and advanced a bill
filled with controversial provisions, rejecting Republican offers to
work in good faith and prioritize the well-being of women and children.
At the time, I led the Violence Against Women's Extension Act of 2019
to extend the law and provide certainty to victims, survivors,
families, and crisis centers, but House Democrats put scoring political
points ahead of the interests of vulnerable women and refused our
efforts to prevent VAWA's programs from going unauthorized.
This year, here we are again. Democrats are rushing their
controversial bill back to the floor, bypassing committee
consideration, and ignoring opportunities to work with Republicans to
address the problematic provisions. They have denied new Members the
opportunity to contribute to the bill, including a record number of new
Republican women, Representatives whose own lives and districts have
been deeply affected by these issues.
So, once again, this House, rather than pursuing bipartisanship, is
again considering a bill that promotes unproven methods of supporting
victims, infringes upon Second Amendment rights without adequate due
process, and imposes new barriers to prosecuting domestic violence
cases.
My amendment is simple. It provides a clean extension of the Violence
Again Women Act programs for the upcoming fiscal year without the
controversial provisions added by Speaker Pelosi. Most importantly, it
will ensure funding for critical programs that fight domestic violence
and sexual abuse for the American people. A clean extension provides us
the opportunity to work together to pass a truly bipartisan, long-term
reauthorization of the Violence Against Women Act.
Madam Speaker, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentlewoman from Texas is recognized for
5 minutes.
Ms. JACKSON LEE. Madam Speaker, I rise in strong opposition to this
amendment.
The gentlewoman is right, her amendment is simple. It does nothing.
It provides no increased funding. It does not provide for women who are
desperate--and men and our indigenous community--at all.
Among other things, this amendment would merely extend for 1 year,
which is disastrous, rather than reauthorize for 5 years, essentially
gutting the bill's most critical grant programs. Some of the programs
left out of this so-called extension are as follows:
Outreach in services to underserved populations;
The rape prevention and education grant, $110 million, a 50 percent
increase from the existing bill;
Transitional housing assistance grants for VAWA victims. Women
fleeing, men fleeing, victims fleeing, children fleeing without having
housing, we expedite that;
Authorizing funding for the Tribal Access Program and;
Child abuse training programs for judicial personnel and
practitioners.
By leaving these programs out, this amendment fails to recognize the
range of needs that victims of domestic violence, sexual assault,
dating violence, and stalking violence face. It simply fails the most
desperate and needy people.
This amendment also omits all of the improvements to VAWA that are
contained in the underlying bill, H.R. 1620, which is a product of
years of consultation with a range of stakeholders, and the failed
efforts of Republicans year after year not to reauthorize. This is
built on hard work, many of whom worked directly in the field with
survivors and have a deep knowledge of VAWA's programs.
Relying in part on their expertise, this legislation contains dozens
of important improvements to the range of programs contained in VAWA to
make it an even more effective tool in addressing domestic violence.
But this amendment dismisses the needs of the victims and survivors
whose voices were our guide in developing H.R. 1620. It is shameful.
For example, the underlying legislation enhances and expands victims'
services. It improves the criminal justice response to gender-based
violence, and it expands legal assistance. It makes additional
investments in prevention. It improves access to housing for victims
and survivors.
It ends impunity for non-Native perpetrators of sexual assault, which
has gone on for years. Go to the reservation of Pueblo, assault a
Native American woman, and have no accountability.
It supports communities of color and LGBTQ individuals. It protects
victims of dating violence and firearm homicide. It improves the
healthcare system's response to domestic violence, sexual assault,
dating violence, and stalking.
But the Stefanik amendment would eliminate all of these vital
programs. In essence, it would leave women and victims helpless and
without hope.
Do not be fooled. This amendment does not demonstrate support for
VAWA. It demonstrates a lack of commitment to ensuring that the
programs contained within VAWA can best serve and protect the survivors
and victims who rely on them.
Since VAWA's enactment in 1994, Congress has repeatedly enhanced the
prior versions of the law, including in reauthorizations in 2000, 2005,
and 2013. Since the last reauthorization, there has been an uptick in
demand for the essential services under VAWA due to the Me Too movement
and women coming forward out of the shadows.
There has also been an uptick in victims' and survivors' and
children's needs for services due to the financial strain imposed by
the COVID-19 pandemic. That is why H.R. 1620 both reauthorizes and
improves the law. This amendment would effectively do neither.
Victims and survivors deserve better than this half measure, and they
would look to the women of this Congress to be sensitive to their
plight.
Domestic violence providers and survivors all have spoken loud and
clear with hundreds of organizations supporting and endorsing H.R.
1620. They have asked for the underlying bill, not a bait-and-switch
that is fatally flawed and makes no meaningful improvements to the bill
or to the law.
Finally, this amendment will not help the legislation move in the
Senate. We have spoken with the leaders in the Senate on both sides of
the aisle on this issue and they agree that we must
[[Page H1474]]
improve the Violence Against Women Act. It is greatly needed in order
to stop the scourge of domestic violence, which is surging in our
Nation, and not freeze it, as the Stefanik amendment would do.
Therefore, I urge opposition to this amendment, which would undermine
H.R. 1620 and years of work, years of building on this with so many
collaborators. I thank our chairman, the many women who helped me with
writing this legislation, and those who offered substantial amendments
to improve it, even those in the last Congress.
We don't want to freeze that behavior that will be positive. This
amendment would seriously damage the Violence Against Women Act.
Madam Speaker, I rise in strong opposition to this amendment.
Madam Speaker, among other things, this amendment would merely extend
for one year, rather than reauthorize for five years, some of the
programs under the Violence Against Women Act, essentially gutting the
bill's most critical grant programs. Some of the programs left out of
this so-called extension are:
Outreach and services to underserved populations;
The rape prevention and education grant;
Transitional housing assistance grants for VAWA victims; Authorizing
funding for the Tribal Access Program; and
Child abuse training programs for judicial personnel and
practitioners.
By leaving these programs out, this amendment fails to recognize the
range of needs that victims of domestic violence, sexual assault,
dating violence, and stalking face.
This amendment also omits all of the improvements to VAWA that are
contained in the underlying bill. H.R. 1620 is the product of years of
consultation with a range of stakeholders, many of whom work directly
in the field with survivors and have a deep knowledge of VAWA's
programs.
Relying in part on their expertise, this legislation contains dozens
of important improvements to the range of programs contained in VAWA to
make it an even more effective tool in addressing domestic violence.
But this amendment dismisses the needs of the victims and survivors
whose voices were our guide in developing H.R. 1620.
For example, the underlying legislation enhances and expands victims'
services; it improves the criminal justice response to gender-based
violence and expands legal assistance; it makes additional investments
in prevention; it improves access to housing for victims and survivors;
and it ends impunity for non-Native perpetrators of sexual assault.
It supports communities of color and LGBTQ individuals; it protects
victims of dating violence from firearm homicide; and it improves the
healthcare system's response to domestic violence, sexual assault,
dating violence, and stalking.
But the Stefanik Amendment would eliminate all of these vital
provisions. Do not be fooled--this amendment does not demonstrate
support for VAWA, it demonstrates a lack of commitment to ensuring that
the programs contained within VAWA can best serve and protect the
survivors and victims who rely on them.
Since VAWA's enactment in 1994, Congress has repeatedly enhanced the
prior versions of the law, including in reauthorizations in 2000, 2005,
and 2013. Since the last reauthorization, there has been an uptick in
demand for the essential services under VAWA due to the ``MeToo''
movement and women coming forward out of the shadows. There has also
been an uptick in victims' and survivors' needs for services due to the
financial strain imposed by the Covid-19 pandemic.
That is why H.R. 1620 both reauthorizes and improves the law. This
amendment would effectively do neither. Victims and survivors deserve
better than what this half-measure provides.
Domestic violence providers and survivors all have spoken loud and
clear with hundreds of organizations endorsing H.R. 1620. They have
asked for the underlying bill, not a bait and switch that is fatally
flawed and makes no meaningful improvements to the bill or to the law.
Finally, this amendment will not help the legislation move in the
Senate. We have spoken with leaders in the Senate on this issue on both
sides of the aisle, and they agree that we must improve the Violence
Against Women Act, not freeze it as the Stefanik amendment would do.
Therefore, I urge opposition to this amendment, which would undermine
H.R. 1620 and would seriously damage the Violence Against Women Act.
Madam Speaker, I yield back the balance of my time.
Ms. STEFANIK. Madam Speaker, make no mistake, VAWA's authorization
lapse last year is due to House Democrats' choice to ram through their
partisan version of this bill rather than work on a bipartisan basis.
When my colleague across the aisle talks about conversations with the
Senate, we know last year that there were no effective bipartisan
conversations with the Senate, which is why they didn't take up the
Democrats' partisan version.
My amendment is a clean extension of VAWA. It ensures that there is
certainty and funding for these programs. I urge my colleagues to vote
``yes'' for this amendment.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
previous question is ordered on the amendment offered by the
gentlewoman from New York (Ms. Stefanik).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Ms. STEFANIK. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 40 Offered by Mrs. Wagner
The SPEAKER pro tempore. It is now in order to consider amendment No.
40 printed in part B of House Report 117-12.
Mrs. WAGNER. Madam Speaker, I rise to offer my amendment No. 40 to
H.R. 1620, the Violence Against Women Reauthorization Act.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 17, line 18, strike ``and''.
Page 17, strike line 19 through line 2 of page 18 and
insert the following:
(ii) in paragraph (C)(i) by striking ``$20,000 in
Department funds, unless the Deputy Attorney General'' and
inserting ``$100,000 in Department funds, unless the Director
or Principal Deputy Director of the Office on Violence
Against Women, the Deputy Attorney General,''; and
(iii) by adding at the end the following:
``(E) Ineligibility.--If the Attorney General finds that a
recipient of grant funds under this Act has fraudulently
misused such grant funds, after reasonable notice and
opportunity for a hearing, such recipient shall not be
eligible to receive grant funds under this Act for up to 5
years. A misuse of grant funds or an error that does not rise
to the level of fraud is not grounds for ineligibility.''.
The SPEAKER pro tempore. Pursuant to House Resolution 233, the
gentlewoman from Missouri (Mrs. Wagner) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Missouri.
Mrs. WAGNER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I believe we have a sacred responsibility to protect
and empower women, end abuse and assault, and hold perpetrators of
violence against women accountable for their crimes.
However, we need to be sure that our efforts are effective. The
Department of Justice inspector general has consistently revealed
fraudulent and wasteful uses of VAWA grant funds. Congress should
demand accountability so that every dollar marked for helping victims
and preventing violence against women actually goes to help the most
vulnerable.
My commonsense amendment would prevent those who commit fraud and
misuse from receiving VAWA funds. Madam Speaker, they are stealing from
the victims that they are supposed to be helping by these efforts and
should face the consequences.
Democrats and Republicans should agree that this amendment will
advance prevention efforts and victim services. I urge my colleagues on
both sides of the aisle to support my amendment.
Madam Speaker, however, I want to take this opportunity to touch on
something that is even more important. I am ashamed that Democrats
would bring this legislation to the floor without my amendment that
would allow sex trafficking victims to receive grant funding through
the Creating Hope Through Outreach, Options, Services, and Education
for Children and Youth program.
My amendment was removed, stripped in a partisan fashion from VAWA
this Congress, stripping vital
[[Page H1475]]
sex trafficking funding for victims and children.
Also not allowed, Madam Speaker, was my amendment that bans the
horrors of sex-selection abortions that have killed millions of girls
around the world and right here in the United States. It is an
unthinkable tragedy that little girls are targeted for death even
before they are born solely because of their sex, and I am grieved that
Democrats would not allow a vote on this basis to protect unborn girls.
These two amendments are at the very core of what it means to protect
women and girls, and I am outraged that Democrats have chosen to move
forward in a partisan manner without these critical provisions.
Madam Speaker, I urge my colleagues to support my amendment, and I
reserve the balance of my time.
Mr. NADLER. Madam Speaker, I claim the time in opposition to this
amendment.
The SPEAKER pro tempore. The gentleman from New York is recognized
for 5 minutes.
Mr. NADLER. Madam Speaker, I rise in reluctant opposition to this
amendment.
While I believe it is well-intentioned, and we all want to prevent
the misuse of Federal funds, I am concerned about the effect that it
may have on small service providers that provide crucial services to
victims and survivors.
It is also unnecessary since the underlying bill maintains existing
accountability measures, which have proven to work very well.
This amendment imposes a mandatory bar on receiving grant funds up to
5 years if the grant recipient is found to have fraudulently misused
such grant funds. Smaller providers, many of whom are run on a
voluntary basis, are more likely to make financial errors because they
lack the accounting, financial, and compliance expertise that larger
organizations have.
Many of these small providers are culturally specific, rural, and
Tribal programs that play a crucial role in their communities. Banning
such groups from receiving funding for 5 years in these circumstances
could have an unnecessarily punitive effect and could be detrimental to
the victims and survivors who rely on them.
For many small service providers who rely on Federal funds to support
their operations, such a severe penalty, or even the threat of one,
could make a difference between continuing to serve victims and
survivors in need and shutting their doors forever.
Accountability is vital in all forms, and I appreciate the spirit
behind this amendment; but, for these providers, I fear it could end up
doing more harm than good. It is because of these concerns that this
amendment is opposed by the National Network to End Domestic Violence,
among other organizations, and I must reluctantly oppose the amendment
as well.
Madam Speaker, I reserve the balance of my time.
{time} 1300
Mrs. WAGNER. Madam Speaker, I yield myself the balance of my time.
In closing, this amendment will improve the underlying bill.
I urge my colleagues to vote ``yes'' on this amendment, and join me,
along with the Department of Justice and the inspector general, to make
sure that we are preventing fraud and abuse in these grant programs and
making sure that every dollar marked for helping victims and preventing
violence against women actually goes to help the most vulnerable.
Nevertheless, Madam Speaker, the underlying bill neglects to give
trafficking victims and children the resources they need and was
purposefully stripped from this partisan piece of legislation.
Madam Speaker, I oppose H.R. 1620, and I yield back the balance of my
time.
Mr. NADLER. Madam Speaker, I yield the balance of my time to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Speaker, may I inquire as to the amount of
time remaining?
The SPEAKER pro tempore. The gentleman from New York has 3\1/4\
minutes remaining.
Ms. JACKSON LEE. Madam Speaker, let me acknowledge the leadership of
the gentlewoman who has offered this amendment and the opportunities
that we have had to work together. I look forward to working with her
going forward.
I have also worked with, over the years--really starting from the
time that I stood alongside of then-Senator Joe Biden as this bill was
presented for reauthorization. It went all the way through my time on
the Judiciary Committee and the writing of this bill in 2018, when,
unfortunately, there was no effort by the Judiciary Committee to put
this bill forward for a hearing, there was no effort by the Senate
Republicans, and no effort by the Republican President in 2018 to do
anything about the scourge of violence against women and men and many
groups.
I have worked with the 200-plus organizations that are involved in
the coalition that stand against sexual assault and rape and stalking
and domestic violence. They are in many different categories and sizes,
but they are vital in their service.
I am concerned that this amendment would undermine those smaller
organizations, who are unique in their service that they provide. They
are in places where large organizations may not be. They are working
with indigenous populations, Native Americans, immigrant women, LGBTQ.
They are saving lives.
People of color, Hispanic, African American, we have a very sizeable
portion of them and in this legislation, we are reaching out to people
who cannot respond and help themselves; housing provisions, in case you
have to flee, expediting your ability to get housing.
Then I am as concerned about sex trafficking as my good friend is. I
have worked on this legislation. As a former member of the Houston Area
Women's Center, I am also well aware of the crisis as it relates to the
need for this bill. But in the manager's amendment, we do have language
that says that we should have a placeholder for sex trafficking victims
who experience sexual violence and assault; that the Federal
recognition of their recovery is important.
Throughout this bill, there are provisions that will help individuals
who are sex-trafficked. We have that in the bill in relationship to the
particular actions that are generated if you are sexually assaulted
while you are sex-trafficked.
So we know that this bill is sensitive. There is more that can be
done. We look forward to a freestanding bill that deals in specifics,
as we have done in the past.
I held the first hearing in my congressional district on human
trafficking. I have worked with advocates and continue to work with
them, and so I take issue that this bill is not sensitive to sex-
trafficked individuals, and I look forward to working with the
gentlewoman as we look forward to expanded resources and expanded
response to those who have been sex-trafficked and human-trafficked,
because that scourge continues.
This legislation responds to those like that woman in my district who
lost her life in the days after Christmas and had her son shot at by
her husband. We pay tribute to her. I ask my colleagues to vote against
this amendment.
Mr. NADLER. Madam Speaker, I yield back the balance of my time.
SPEAKER pro tempore. Pursuant to House Resolution 233, the previous
question is ordered on the amendment offered by the gentlewoman from
Missouri (Mrs. Wagner).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mrs. WAGNER. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
1620 is postponed.
____________________