[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1034 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1034

 To require the Attorney General to issue guidance to law enforcement 
   agencies as they respond to increased levels of domestic violence 
  during the COVID-19 public health emergency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2021

 Ms. Wexton (for herself, Mr. Joyce of Ohio, Mrs. Beatty, Mr. Cooper, 
 Mr. Fitzpatrick, Mrs. Demings, Mrs. Hinson, Ms. Norton, Mr. McGovern, 
   Mrs. Carolyn B. Maloney of New York, Mr. Foster, Ms. Kuster, Mr. 
Thompson of Mississippi, Ms. Sewell, Mr. Suozzi, Mr. Takano, Mr. Sires, 
Ms. Wild, Mr. Carson, and Mr. Hastings) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to issue guidance to law enforcement 
   agencies as they respond to increased levels of domestic violence 
  during the COVID-19 public health emergency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Public Health 
Emergency Guidance Act''.

SEC. 2. GUIDANCE ON ADDRESSING DOMESTIC VIOLENCE DURING THE COVID-19 
              PUBLIC HEALTH EMERGENCY.

    (a) Guidance.--Not later than 30 days after the date of enactment 
of this Act, the Attorney General, in consultation with the Secretary 
of Health and Human Services, domestic violence stakeholders, and 
State, local, and tribal law enforcement stakeholders, shall issue 
guidance to Federal, State, local, and tribal law enforcement agencies 
which contain promising and model practices for addressing domestic 
violence and protecting the safety of law enforcement officers and all 
other parties involved, during the COVID-19 public health emergency. In 
issuing the guidance required under this subsection, the Attorney 
General shall--
            (1) identify law enforcement-centered promising or model 
        practices for--
                    (A) addressing domestic violence during the COVID-
                19 public health emergency;
                    (B) adopting and implementing such programs and 
                practices;
                    (C) implementing measures to mitigate exposure to 
                COVID-19, including adequate use of personal protective 
                equipment, when responding to domestic violence 
                incidents that create potential exposure to COVID-19 
                for all parties involved; and
                    (D) ensuring safety and limiting risk of exposure 
                to COVID-19 for family members of law enforcement 
                officers;
            (2) identify victim-centered promising and model practices 
        for--
                    (A) assessing the potential threat of violence to 
                the victim and their children, while ensuring safety 
                and privacy;
                    (B) safety planning for victims and their children 
                and taking preventive steps to ensure safety for all 
                parties involved during the COVID-19 public health 
                emergency;
                    (C) timely submission of records for domestic 
                violence protective orders and other related court 
                orders and convictions for crimes related to intimate 
                partner violence;
                    (D) enforcing domestic violence protective orders, 
                other related court orders, and child custody orders in 
                the context of domestic violence; and
                    (E) ensuring community coordinated responses to 
                domestic violence; and
            (3) create a resource guide, including--
                    (A) the promising and model practices identified 
                under paragraphs (1) and (2);
                    (B) educational resources on risk factors related 
                to COVID-19 that exacerbate the risk of escalation and 
                lethality of reports of domestic violence, such as fear 
                of illness, drug and alcohol abuse, economic 
                uncertainty, unemployment, and grief;
                    (C) educational resources on training, including 
                cultural humility and vicarious trauma, for law 
                enforcement officers responding to domestic violence;
                    (D) educational resources on investigation and 
                prosecutorial tools for law enforcement officers 
                responding to domestic violence;
                    (E) resources for victims of domestic violence 
                during the COVID-19 public health emergency, including 
                information related to the national domestic violence 
                hotline authorized under section 313 of the Family 
                Violence Prevention and Services Act (42 U.S.C. 10413).
    (b) Dissemination.--Not later than 30 days after the date of 
enactment of this Act, the Attorney General shall--
            (1) issue the guidance developed under subsection (a) 
        directly to Federal, State, local, and tribal law enforcement 
        agencies;
            (2) make the guidance publicly available by posting the 
        guidance electronically on the website of the Department of 
        Justice;
            (3) collaborate with the Secretary of Health and Human 
        Services to make the guidance available on the website of the 
        Department of Health and Human Services.
    (c) Extension.--The Attorney General may extend the deadlines under 
subsections (a) and (b), in the case that meeting such deadlines is 
impracticable. In the case that the Attorney General extends such a 
deadline pursuant to this subsection, the Attorney General shall notify 
Congress, which notification shall include a date before which the 
Attorney General will complete each such requirement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``domestic violence'' has the meaning given 
        the term under section 40002(a)(8) of the Violent Crime Control 
        and Law Enforcement Act of 1994 (34 U.S.C. 12291(a)(8)).
            (2) The term ``COVID-19 public health emergency'' means the 
        period beginning on the date on which the emergency period 
        under section 1135(g)(1)(B) of the Social Security Act (42 
        U.S.C. 1320b-5(g)(1) was declared and ending 90 days after the 
        date on which such period ends.
            (3) The term ``COVID-19'' means the 2019 Novel Coronavirus 
        or 2019-nCoV.
            (4) The term ``personal protective equipment'' means any 
        protective equipment required to prevent the wearer from 
        contracting COVID-19, including gloves, N-95 respirator masks, 
        gowns, goggles, face shields, or other equipment required for 
        safety.
            (5) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Virgin Islands, and the Northern 
        Mariana Islands.
            (6) The term ``Federal law enforcement agency'' includes 
        law enforcement agencies of the Armed Forces.
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