[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1620 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 1620
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2021
Received
May 24, 2022
Read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To reauthorize the Violence Against Women Act of 1994, 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; 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.
Sec. 7. Inclusion of disparate impact in studies.
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 authorization.
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.
Sec. 207. Authorization of the FAST Initiative.
Sec. 208. Lesbian, Gay, Bisexual, and Transgender Specific Services
Program.
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.
Sec. 502. Maternal mortality or morbidity study.
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.
Sec. 708. Study on costs of divorce in domestic violence cases.
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.
Sec. 1203. Special assistant U.S. attorneys and cross-deputized
attorneys.
Sec. 1204. Review on Native American interactions with law enforcement.
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. 1406A. Strategies to improve coordination of sexual assault
forensic nurse exam training and program
sustainability.
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.
Sec. 1411. National resource center on workplace responses to assist
victims of domestic and sexual violence
assistance for microbusinesses.
Sec. 1412. Civil action relating to disclosure of intimate images.
Sec. 1413. Certain activities relating to intimate visual depictions.
Sec. 1414. Task force on sexual violence in education.
Sec. 1415. Survivors' bill of rights.
Sec. 1416. Report on sexual assault response teams at hospitals.
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. 1611. Sexual assault survivors' rights.
Sec. 1612. Grants to State and Tribal courts to implement protection
order pilot programs.
Sec. 1613. Online survey tool for campus safety.
Sec. 1614. Study on child custody in domestic violence cases.
TITLE XVII--PROTECTIONS FOR CERTAIN IMMIGRANT WOMEN
Sec. 1701. Pilot program to provide additional protections.
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;
``(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
``(iv) any person who functions as an
attorney or lay advocate in a Tribal court.
``(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''; and
(J) 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
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.'';
(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.''.
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.
SEC. 7. 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.
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)--
(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'';
(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'';
(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;
``(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; and
``(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.'';
(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;
``(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.
``(28) To develop or strengthen policies and training for
law enforcement officers, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances of
domestic violence, 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.'';
(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;
``(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
(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 (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.'';
(3) 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
(4) 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:
``(9) 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 (e), by striking ``2014 through 2018''
and inserting ``2022 through 2026''; and
(3) by adding at the end the following new subsection:
``(h) Cultural Relevance.--Any services provided pursuant to a
grant funded under this section shall be provided in a culturally
relevant manner.''.
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''; and
(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 AUTHORIZATION.
(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 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,'';
(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,''; and
(4) 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 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
(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.''.
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.''.
SEC. 208. 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 section $8,000,000 for each of fiscal years 2022
through 2026. Funds appropriated under this paragraph shall
remain available until expended.
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 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).''; and
(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 paragraph (1), (2), or (3) of subsection
(b), or for a project that fulfills two or more of such sets of
purposes.''.
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''; 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 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''.
SEC. 502. 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 3 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.
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);
``(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
``(Q) 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), 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.'';
(3) 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.'';
(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.'';
(4) 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'';
(5) 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.'';
(6) 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;
``(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).'';
(7) 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.'';
(8) by redesignating subsection (g) as subsection (h);
(9) 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
(10) 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
``(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 and 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:
``(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)).
``(25) To develop of statewide databases with information
on where sexual assault nurse examiners are located.''.
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) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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 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.
(18) 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.
(19) 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.
(20) 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 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, including the impact of the COVID-19
pandemic on such victims' ability to maintain 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, credit history, 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 the unique barriers faced by survivors
living in rural communities;
(4) 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;
(5) 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;
(6) 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; and
(7) barriers that impede victims' ability to pursue legal
action, including legal costs and filing fees, and complexities
of the jurisdiction of law enforcement agencies.
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 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.
(e) Cultural Relevance.--Any outreach or education campaign
conducted pursuant to this section shall be conducted in a culturally
relevant manner.
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.
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).
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--
``(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.
(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.
(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--
``(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 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''.
(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.
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) 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.
``(e) 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.
``(f) 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.
``(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.
``(h) 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. 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.
``(3) Gynecologist access.--The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
``(i) 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.
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, gender identity, and status as an
American Indian, Alaska Native, or Native Hawaiian;
(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;
(D) 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);
(E) the number of such women were pregnant at the
time that they entered incarceration;
(F) the number of such women who have children age
18 or under, and if so, how many; and
(G) 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, 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)) 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;
(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);
(D) other support tailored to the needs of
Indigenous women, including American Indian, Alaska
Native, and Native Hawaiian women; and
(E) 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.
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.''.
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.
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''.
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 and make publicly available on the
Department of Justice website 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. 1406A. STRATEGIES TO IMPROVE COORDINATION OF SEXUAL ASSAULT
FORENSIC NURSE EXAM TRAINING AND PROGRAM SUSTAINABILITY.
Not later than 1 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.
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).
(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.
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''.
SEC. 1412. 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
(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.
SEC. 1413. 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.''.
SEC. 1414. 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
(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).
SEC. 1415. 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).
SEC. 1416. 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.
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 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 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.
(3) 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.
(4) 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.
(5) Child abuse is a major public health issue in the
United States. Total lifetime financial costs associated with
just 1 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.
(6) 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.
(7) 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.
(8) Researchers have documented nearly 800 children
murdered in the United States since 2008 by a divorcing or
separating parent. More 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.
(9) 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.
(10) 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 2 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 1 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.
SEC. 1611. 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.''.
SEC. 1612. 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 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.''.
SEC. 1613. 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.
(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
1 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)).
SEC. 1614. 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.
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 6-
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.
Passed the House of Representatives March 17, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.