[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3623 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 268
117th CONGRESS
2d Session
S. 3623
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2022
Mrs. Feinstein (for herself, Ms. Ernst, Mr. Durbin, Ms. Murkowski, Mr.
Leahy, Ms. Collins, Mrs. Murray, Mrs. Capito, Mrs. Shaheen, Mr.
Portman, Mr. Schatz, Mr. Cornyn, Mr. Brown, Mr. Cramer, Mr. Wyden, Mr.
Tillis, Mr. Blumenthal, Mr. Moran, Mr. Manchin, Mr. Burr, Ms. Cortez
Masto, and Mr. Blunt) introduced the following bill; which was read the
first time
February 10, 2022
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
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 2022''.
(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. Sense of Congress.
Sec. 6. Severability.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 101. Stop grants.
Sec. 102. Grants to improve 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. Pilot program on restorative practices.
TITLE II--IMPROVING SERVICES FOR VICTIMS
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement
assistance program.
Sec. 203. Grants for training and services to end violence against
individuals with disabilities and Deaf
people.
Sec. 204. Training and services to end abuse in later life.
Sec. 205. Abby Honold Act.
Sec. 206. LGBT 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.
Sec. 304. Study on State coverage of forensic examinations and related
costs following a sexual assault.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the Centers for Disease Control and
Prevention.
Sec. 402. Saving money and reducing tragedies through prevention (SMART
Prevention) grants.
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE
Sec. 501. Grants to strengthen the health care system's response to
domestic violence, dating violence, sexual
assault, and stalking.
Sec. 502. Maternal mortality or morbidity study.
Sec. 503. Understanding sexual assault care in health systems.
Sec. 504. National report on sexual assault services in our nation's
health system.
Sec. 505. Improving and strengthening the sexual assault examiner
workforce clinical and continuing education
pilot program.
Sec. 506. Expanding access to unified care.
Sec. 507. Expanding access to forensics for victims of interpersonal
violence.
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. Study and report on housing and service needs of survivors of
trafficking and individuals at risk for
trafficking.
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 the Temporary Assistance for Needy
Families Program.
Sec. 704. Study and reports on barriers to survivors' economic security
access.
Sec. 705. GAO Study.
TITLE VIII--SAFETY FOR INDIAN WOMEN
Subtitle A--Tools to Enhance Public Safety for Indian Tribes
Sec. 801. Findings and purposes.
Sec. 802. Tribal Access Program.
Sec. 803. Bureau of Prisons Tribal Prisoner Program.
Sec. 804. Tribal jurisdiction over covered crimes.
Subtitle B--Alaska Tribal Public Safety Empowerment
Sec. 811. Findings; purposes.
Sec. 812. Definitions.
Sec. 813. Tribal jurisdiction in Alaska.
TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN
Sec. 901. Establishment of Office on Violence Against Women.
Sec. 902. Senior Policy Advisor for Culturally Specific Communities of
the Office on Violence Against Women.
TITLE X--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
Sec. 1001. Improving the treatment of primary caretaker parents and
other individuals in Federal prisons.
Sec. 1002. Health and safety of pregnant women and mothers.
Sec. 1003. Research and report on women in Federal incarceration.
Sec. 1004. Reentry planning and services for incarcerated women.
Sec. 1005. Authorization of appropriations.
TITLE XI--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
Sec. 1101. NICS Denial Notification Act of 2022.
Sec. 1102. Annual report to Congress.
Sec. 1103. Special assistant U.S. attorneys and cross-deputized
attorneys.
Sec. 1104. Review on criminal offenses affecting Native Hawaiians.
TITLE XII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
Sec. 1201. Short title.
Sec. 1202. Penalties for civil rights offenses involving sexual
misconduct.
Sec. 1203. Incentives for States.
Sec. 1204. Reports to Congress.
Sec. 1205. Definition.
TITLE XIII--OTHER MATTERS
Sec. 1301. National stalker and domestic violence reduction.
Sec. 1302. Federal victim and witness coordinators reauthorization.
Sec. 1303. Child abuse training programs for judicial personnel and
practitioners reauthorization.
Sec. 1304. Sex offender management.
Sec. 1305. Court-appointed special advocate program.
Sec. 1306. Review of link between substance use and victims of domestic
violence dating violence, sexual assault,
or stalking.
Sec. 1307. Interagency working group to study Federal efforts to
collect data on sexual violence.
Sec. 1308. National resource center on workplace responses to assist
victims of domestic and sexual violence
assistance for microbusinesses.
Sec. 1309. Civil action relating to disclosure of intimate images.
Sec. 1310. Choose Respect Act.
Sec. 1311. Technical correction to Victims of Crime Act.
Sec. 1312. Eliminating the marriage defense to statutory rape.
Sec. 1313. Deputy Assistant Attorney General on Culturally Specific
Communities within the Office of Justice
programs.
Sec. 1314. Task Force on Sexual Violence in Education.
Sec. 1315. Bree's Law.
Sec. 1316. Fairness for Rape Kit Backlog Survivors Act of 2022.
Sec. 1317. Study relating to State actions to prohibit aiding and
abetting sexual misconduct in schools.
Sec. 1318. Supporting access to nurse exams act.
TITLE XIV--CYBERCRIME ENFORCEMENT
Sec. 1401. Local law enforcement grants for enforcement of cybercrimes.
Sec. 1402. National Resource Center grant.
Sec. 1403. National strategy, classification, and reporting on
cybercrime.
TITLE XV--KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Purposes.
Sec. 1504. Increased funding for STOP grants.
Sec. 1505. Sexual assault survivors' rights.
Sec. 1506. Grants to State and Tribal courts to implement protection
order pilot programs.
Sec. 1507. Online survey tool for campus safety.
Sec. 1508. Study on child custody in domestic violence cases.
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) In General.--Section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``In this title'' and inserting ``In this
title, for the purpose of grants authorized under this
title'';
(B) by redesignating paragraphs (43) through (45)
as paragraphs (50) through (52), respectively;
(C) by redesignating paragraphs (34) through (42)
as paragraphs (41) through (49), respectively;
(D) by redesignating paragraphs (26) through (33)
as paragraphs (32) through (39), respectively;
(E) by redesignating paragraphs (18) through (25)
as paragraphs (23) through (30), respectively;
(F) by redesignating paragraphs (16) and (17) as
paragraphs (22) and (21), respectively, and
transferring paragraph (22), as so redesignated, so as
to appear before paragraph (23), as so redesignated;
(G) by redesignating paragraphs (12) through (15)
as paragraphs (17) through (20), respectively;
(H) by redesignating paragraph (11) as paragraph
(14);
(I) by redesignating paragraphs (9) and (10) as
paragraphs (10) and (11), respectively;
(J) by redesignating paragraph (8) as paragraph
(12), and transferring it to appear after paragraph
(11), as so redesignated;
(K) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively;
(L) by redesignating paragraph (2) as paragraph
(7), and transferring it to appear before paragraph
(8), as so redesignated;
(M) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (4), respectively, and transferring
paragraph (4), as so redesignated, so as to appear
after paragraph (3);
(N) by redesignating paragraph (1) as paragraph
(2);
(O) by inserting before paragraph (2), as so
redesignated, the following:
``(1) 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.'';
(P) by inserting after paragraph (5), as so
redesignated, the following:
``(6) Court-based personnel; court-related personnel.--The
terms `court-based personnel' and `court-related personnel'
mean individuals 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.'';
(Q) in paragraph (12), as so redesignated, by
striking ``includes felony'' and all that follows
through ``jurisdiction.'' and inserting the following:
``includes felony or misdemeanor crimes committed by a
current or former spouse or intimate partner of the
victim under the family or domestic violence laws of
the jurisdiction receiving grant funding and, in the
case of victim services, includes the use or attempted
use of physical abuse or sexual abuse, or a pattern of
any other coercive behavior committed, enabled, or
solicited to gain or maintain power and control over a
victim, including verbal, psychological, economic, or
technological abuse that may or may not constitute
criminal behavior, by a person who--
``(A) is a current or former spouse or intimate
partner of the victim, or person similarly situated to
a spouse of the victim;
``(B) is cohabitating, or has cohabitated, with the
victim as a spouse or intimate partner;
``(C) shares a child in common with the victim; or
``(D) commits acts against a youth or adult victim
who is protected from those acts under the family or
domestic violence laws of the jurisdiction.'';
(R) by inserting after paragraph (12), as so
redesignated, the following:
``(13) 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.'';
(S) by inserting after paragraph (14), as so
redesignated, the following:
``(15) Female genital mutilation or cutting.--The term
`female genital mutilation or cutting' has the meaning given
such term in section 116 of title 18, United States Code.
``(16) Forced marriage.--The term `forced marriage' means a
marriage to which 1 or both parties do not or cannot consent,
and in which 1 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.'';
(T) by striking paragraph (17), as so redesignated,
and inserting the following:
``(17) Homeless.-- The term `homeless' has the meaning
given such term in section 41403.'';
(U) in paragraph (22), as so redesignated--
(i) in the heading, by inserting ``; indian
tribe'' after ``tribe''; and
(ii) by striking ``term `Indian tribe'
means'' and inserting ``terms `Indian tribe'
and `Indian Tribe' mean'';
(V) by striking paragraph (24), as so redesignated,
and inserting the following:
``(24) Legal assistance.--
``(A) Definition.--The term `legal assistance'
means assistance provided by or under the direct
supervision of a person described in subparagraph (B)
to an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking
relating to a matter described in subparagraph (C).
``(B) Person described.--A person described in this
subparagraph is--
``(i) a licensed attorney;
``(ii) in immigration proceedings, a Board
of Immigration Appeals accredited
representative;
``(iii) in claims of the Department of
Veterans Affairs, a representative authorized
by the Secretary of Veterans Affairs; or
``(iv) any person who functions as an
attorney or lay advocate in tribal court.
``(C) Matter described.--A matter described in this
subparagraph is a matter relating to--
``(i) divorce, parental rights, child
support, Tribal, territorial, immigration,
employment, administrative agency, housing,
campus, education, healthcare, privacy,
contract, consumer, civil rights, protection or
other injunctive proceedings, related
enforcement proceedings, and other similar
matters;
``(ii) criminal justice investigations,
prosecutions, and post-conviction matters
(including sentencing, parole, and probation)
that impact the victim's safety, privacy, or
other interests as a victim;
``(iii) alternative dispute resolution,
restorative practices, or other processes
intended to promote victim safety, privacy, and
autonomy, and offender accountability,
regardless of court involvement; or
``(iv) with respect to a conviction of a
victim relating to or arising from domestic
violence, dating violence, sexual assault,
stalking, or sex trafficking victimization of
the victim, post-conviction relief proceedings
in State, local, Tribal, or territorial court.
``(D) Intake or referral.--For purposes of this
paragraph, intake or referral, by itself, does not
constitute legal assistance.'';
(W) by inserting after paragraph (30), as so
redesignated, the following:
``(31) Restorative practice.--The term `restorative
practice' means a practice relating to a specific harm that--
``(A) is community-based;
``(B) is initiated voluntarily at the request of
the victim of the harm;
``(C) involves (on an ongoing voluntary basis and
without any evidence of coercion or intimidation of any
victim of the harm)--
``(i) any individual who committed the
harm;
``(ii) any victim of the harm; and
``(iii) the community affected by the harm
through 1 or more representatives of the
community;
``(D) shall include and has the goal of--
``(i) collectively seeking accountability
from each individual who committed the harm;
``(ii) developing a written process whereby
each individual who committed the harm will
take responsibility for the actions that caused
harm to each victim of the harm; and
``(iii) developing a written course of
action plan--
``(I) that is responsive to the
needs of any victim of the harm; and
``(II) upon which any victim, any
individual who committed the harm, and
the community agree; and
``(E) is conducted in a victim services framework
that protects the safety and supports the autonomy of
each victim of the harm and the community.'';
(X) by inserting after paragraph (39), as so
redesignated, the following:
``(40) Technological abuse.--The term `technological abuse'
means an act or pattern of behavior that occurs within domestic
violence, sexual assault, dating violence or stalking and is
intended to harm, threaten, intimidate, control, stalk, harass,
impersonate, exploit, extort, or monitor, except as otherwise
permitted by law, another person, that occurs using any form of
technology, including but not limited to: internet enabled
devices, online spaces and platforms, computers, mobile
devices, cameras and imaging programs, apps, location tracking
devices, or communication technologies, or any other emerging
technologies.''; and
(Y) in paragraph (50), as so redesignated, by
inserting ``legal assistance and'' before ``legal
advocacy''; and
(2) in subsection (b)--
(A) in paragraph (2), by adding at the end 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, grantees and
subgrantees may share personally identifying
information or individual information that is collected
about deceased victims being sought for a fatality
review to the extent permitted by their jurisdiction's
law and only if the following conditions are met:
``(i) The underlying objectives of the
fatality review are to prevent future deaths,
enhance victim safety, and increase offender
accountability.
``(ii) The fatality review includes
policies and protocols to protect identifying
information, including identifying information
about the victim's children, from further
release outside the fatality review team.
``(iii) The grantee or subgrantee makes a
reasonable effort to get a release from the
victim's personal representative (if one has
been appointed) and from any surviving minor
children or the guardian of such children (but
not if the guardian is the abuser of the
deceased parent), if the children are not
capable of knowingly consenting.
``(iv) The information released is limited
to that which is necessary for the purposes of
the fatality review.'';
(B) in paragraph (3), by striking the period at the
end and inserting ``if--
``(A) the confidentiality and privacy requirements
of this title are maintained; and
``(B) 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.'';
(C) in paragraph (11)--
(i) by striking ``Of the total'' and
inserting the following:
``(A) In general.--Of the total''; and
(ii) by adding at the end the following:
``(B) Requirement.--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, with priority given to
recipients awarded a grant before the date of enactment
of the Violence Against Women Act Reauthorization Act
of 2022.'';
(D) in paragraph (14)--
(i) by striking ``services and assistance
to victims'' and inserting ``services and
assistance to--
``(A) victims'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(B) adult survivors of child sexual abuse; and
``(C) victims of domestic violence, dating
violence, sexual assault, or stalking who are also
victims of female genital mutilation or cutting, or
forced marriage.'';
(E) by striking paragraph (15);
(F) by redesignating paragraph (16) as paragraph
(15); and
(G) in paragraph (15), as so redesignated--
(i) in subparagraph (A), by striking clause
(iii) and inserting the following:
``(iii) Technical assistance.--A recipient
of grant funds under this Act that is found to
have an unresolved audit finding shall be
eligible to receive prompt, individualized
technical assistance to resolve the audit
finding and to prevent future findings, for a
period not to exceed the following 2 fiscal
years.''; and
(ii) in subparagraph (C)(i), by striking
``$20,000'' and inserting ``$100,000'' and by
inserting ``the Director or Principal Deputy
Director of the Office on Violence Against
Women or'' before ``the Deputy Attorney
General''; and
(H) by adding at the end the following:
``(16) Innovation fund.--Of the amounts appropriated to
carry out this title, not more than 1 percent shall be made
available for pilot projects, demonstration projects, and
special initiatives designed to improve Federal, State, local,
Tribal, and other community responses to gender-based
violence.''.
(b) Definitions and Grant Conditions.--Section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291) shall apply to
this Act and any grant program authorized under this Act.
SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
Each head of an Executive department (as defined in section 101 of
title 5, United States Code) responsible for carrying out a program
under this Act, the Violence Against Women Act of 1994 (title IV of
Public Law 103-322; 108 Stat. 1902), the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114 Stat. 1491), the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(title IX of Public Law 109-162; 119 Stat. 3080), or the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat.
54) may 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 Federal 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, 304, 606,
803, and 1306 and any amendments made by such sections shall take
effect on the date of enactment of this Act.
SEC. 5. 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. 6. SEVERABILITY.
If any provision of this Act, an 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 this Act
and the amendments made by this Act, and the application of the
provisions or amendment to any other person or circumstance, shall not
be affected.
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 (34 U.S.C. 10441)--
(A) in subsection (b)--
(i) in paragraph (3), by inserting before
the semicolon at the end the following: ``,
including implementation of the grant
conditions in section 40002(b) of the Violence
Against Women Act of 1994 (34 U.S.C.
12291(b))'';
(ii) in paragraph (5), by inserting ``and
legal assistance'' after ``improving delivery
of victim services''; and
(iii) in paragraph (9)--
(I) by striking ``older and
disabled women'' and inserting
``individuals 50 years of age or over,
individuals with disabilities, and Deaf
individuals'';
(II) by inserting ``legal
assistance,'' after ``counseling,'';
and
(III) by striking ``older and
disabled individuals'' and inserting
``individuals'';
(iv) in paragraph (11), by inserting before
the semicolon at the end the following: ``,
including rehabilitative work with offenders'';
(v) in paragraph (19), by striking ``and''
at the end;
(vi) in paragraph (20)--
(I) by striking ``or stalking'' and
inserting ``stalking, or female genital
mutilation or cutting''; and
(II) by striking the period at the
end and inserting a semicolon; and
(vii) by inserting after paragraph (20),
the following:
``(21) developing, enhancing, or strengthening programs and
projects to improve evidence collection methods for victims of
domestic violence, dating violence, sexual assault, or
stalking, including through funding for technology that better
detects bruising and injuries across skin tones and related
training;
``(22) developing, enlarging, or strengthening culturally
specific victim services programs to provide culturally
specific victim services and responses to female genital
mutilation or cutting;
``(23) providing victim advocates in State or local law
enforcement agencies, prosecutors' offices, and courts to
provide supportive services and advocacy to Indian 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 or passport of the
individual, as required by law.
``(B) An identification card issued to the
individual by a State or Tribe, that shows that the
individual is a resident of the State or a member of
the Tribe.''; and
(B) in subsection (d)(3), in the matter preceding
subparagraph (A), by striking ``2014 through 2018'' and
inserting ``2023 through 2027'';
(2) in section 2007 (34 U.S.C. 10446)--
(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) certification of compliance with the grant conditions
under section 40002(b) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(b)), as applicable;'';
(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
Violence Against Women Act of 1994 (34 U.S.C.
12291(b)), as applicable''; and
(ii) in paragraph (2)(C)(iv), by inserting
after ``ethnicity,'' the following: ``sexual
orientation, gender identity,''; and
(C) in subsection (j)(2), by adding a period at the
end; 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
grant funds under this part, the head of the office shall certify, to
the State, Indian Tribal government, or territorial government
receiving the grant funding, that the office will, during the 3-year
period beginning on the date on which the grant is awarded, engage in
planning, developing and implementing--
``(1) training developed by experts in the field regarding
victim-centered approaches in domestic violence, sexual
assault, dating violence, and stalking cases;
``(2) policies that support a victim-centered approach,
informed by such training; and
``(3) a protocol outlining alternative practices and
procedures for material witness petitions and bench warrants,
consistent with best practices, that shall be exhausted before
employing material witness petitions and bench warrants to
obtain victim-witness testimony in the investigation,
prosecution, and trial of a crime related to domestic violence,
sexual assault, dating violence, and stalking of the victim in
order to prevent further victimization and trauma to the
victim.''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of title
I 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 ``2023 through 2027''.
SEC. 102. GRANTS TO IMPROVE 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 improve the criminal justice response''.
(b) Grants.--Section 2101 of title I 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 as serious violations of criminal law, 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 (8), by striking ``older
individuals (as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002))'' and inserting
``individuals 50 years of age or over and Deaf
individuals'';
(D) 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 (34
U.S.C. 12291(a)))''; and
(E) by adding at the end the following:
``(25) To develop Statewide databases with information on
where sexual assault nurse examiners are located.
``(26) 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.''; and
(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'';
(B) in subparagraph (E)(ii), by striking ``and'' at
the end; and
(C) by inserting after subparagraph (E) the
following:
``(F) except for a court, not later than 3 years
after the date on which an eligible grantee receives
the first award under this part after the date of
enactment of the Violence Against Women Act
Reauthorization Act of 2022, certify that the laws,
policies, and practices of the State or the
jurisdiction in which the eligible grantee is located
ensure that prosecutor's offices engage in planning,
developing, and implementing--
``(i) training developed by experts in the
field regarding victim-centered approaches in
domestic violence, sexual assault, dating
violence, and stalking cases;
``(ii) policies that support a victim-
centered approach, informed by such training;
and
``(iii) a protocol outlining alternative
practices and procedures for material witness
petitions and bench warrants, consistent with
best practices, that shall be exhausted before
employing material witness petitions and bench
warrants to obtain victim-witness testimony in
the investigation, prosecution, and trial of a
crime related to domestic violence, sexual
assault, dating violence, and stalking of the
victim in order to prevent further
victimization and trauma to the victim; and
``(G) except for a court, certify whether the laws,
policies, and practices of the State or the
jurisdiction in which the eligible grantee is located
prohibits the prosecution of a minor under the age of
18 with respect to prostitution; and''.
(c) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(19)) is amended by striking ``2014 through 2018'' and
inserting ``2023 through 2027''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20121) is amended--
(1) in subsection (a), by inserting after ``no cost to the
victims.'' the following: ``When legal assistance to a
dependent is necessary for the safety of a victim, such
assistance may be provided.'';
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) any person providing legal assistance through a
program funded under this section--
``(A)(i) is a licensed attorney or is working under
the direct supervision of a licensed attorney;
``(ii) in immigration proceedings, is a Board of
Immigration Appeals accredited representative;
``(iii) in Veterans' Administration claims, is an
accredited representative; or
``(iv) 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), by striking ``or local'' and
insert the following: ``local, or culturally
specific'';
(C) in paragraph (4), after ``dating violence,'' by
inserting ``stalking,''; and
(3) in subsection (f)(1)--
(A) by striking ``$57,000,000'' and inserting
``$60,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
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)(8), by striking ``to improve'' and
inserting ``improve'';
(2) in subsection (e), by striking ``2014 through 2018''
and inserting ``2023 through 2027''; and
(3) by adding at the end the following:
``(g) 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 (b)(3), by inserting ``Native Hawaiian,''
before ``or local organization'';
(2) in subsection (d)--
(A) in paragraph (4)--
(i) by striking ``effectiveness'' and
inserting ``response'';
(ii) by inserting ``population-specific''
before ``training''; and
(iii) by striking ``or'' at the end;
(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 and cutting; 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
``$6,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
SEC. 106. CRIMINAL PROVISIONS.
Section 2265(d)(3) of title 18, United States Code, is amended--
(1) by striking ``restraining order or injunction,''; and
(2) 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.''.
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 ``2023 through 2027''.
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)--
(i) by striking ``paragraph (a)(2) of this
subsection'' and inserting ``paragraph (2)'';
and
(ii) by striking ``shall take 5 percent of
such appropriated amounts'' and inserting
``shall take 15 percent of such appropriated
amounts for the program under paragraph (2)(A)
and 5 percent of such appropriated amounts for
the programs under subparagraphs (B) through
(E) of paragraph (2)''; 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 $25,000,000 for each of fiscal years 2023 through 2027.
``(4) Distribution.--
``(A) In general.--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.
``(B) Alternative allocation.--Notwithstanding
40002(b)(11) of the Violence Against Women Act of 1994
(34 U.S.C. 12291(b)(11)), the Director may allocate a
portion of funds described in subparagraph (A) to
enhanced technical assistance relating to non-intimate
partner sexual assault if the Office on Violence
Against Women does not receive sufficient qualified
applications proposing to address non-intimate partner
relationship sexual assault.'';
(2) in subsection (b)(3), by adding at the end the
following: ``Not less than 1 such organization shall have
demonstrated expertise primarily in domestic violence services,
and not less than 1 such organization shall have demonstrated
expertise primarily in non-intimate partner sexual assault
services.'';
(3) by striking subsection (e); and
(4) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.
(a) In General.--The Violence Against Women Act of 1994 (title IV
of Public Law 103-322), as amended by section 205, is further amended
by adding at the end the following:
``Subtitle R--Restorative Practices
``SEC. 41801. PILOT PROGRAM ON RESTORATIVE PRACTICES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office on Violence Against Women.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a tribal government;
``(D) a tribal organization;
``(E) a victim service provider;
``(F) an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)); and
``(G) a private or public nonprofit organization,
including--
``(i) a tribal nonprofit organization; and
``(ii) a faith-based nonprofit
organization.
``(3) Restorative practice.--The term `restorative
practice' means a practice relating to a specific harm that--
``(A) is community-based and unaffiliated with any
civil or criminal legal process;
``(B) is initiated by the victim of the harm;
``(C) involves, on a voluntary basis and without
any evidence of coercion or intimidation of any victim
of the harm by any individual who committed the harm or
anyone associated with any such individual--
``(i) any individual who committed the
harm;
``(ii) any victim of the harm; and
``(iii) the community affected by the harm
through 1 or more representatives of the
community;
``(D) shall include and has the goal of--
``(i) collectively seeking accountability
from 1 or more individuals who committed the
harm;
``(ii) developing a written process whereby
1 or more individuals who committed the harm
will take responsibility for the actions that
caused harm to each victim of the harm; and
``(iii) developing a written course of
action plan--
``(I) that is responsive to the
needs of any victim of the harm; and
``(II) upon which any victim, any
individual who committed the harm, and
the community can agree; and
``(E) is conducted in a victim services framework
that protects the safety and supports the autonomy of 1
or more victims of the harm and the community.
``(b) Grants Authorized.--The Director shall award grants to
eligible entities to develop and implement a program, or to assess best
practices, for--
``(1) restorative practices to prevent or address domestic
violence, dating violence, sexual assault, or stalking;
``(2) training by eligible entities, or for eligible
entities, courts, or prosecutors, on restorative practices and
program implementation; and
``(3) evaluations of a restorative practice described in
paragraph (1).
``(c) Priority.--In awarding grants under subsection (b), the
Director shall give priority to eligible entities that submit proposals
that meaningfully address the needs of culturally specific or
underserved populations.
``(d) Qualifications.--To be eligible to receive a grant under this
section, an eligible entity shall demonstrate a history of
comprehensive training and experience in working with victims of
domestic violence, dating violence, sexual assault, or stalking.
``(e) Program Requirements.--
``(1) In general.--An eligible entity or a subgrantee of an
eligible entity that offers a restorative practices program
with funds awarded under this section shall ensure that such
program--
``(A) includes set practices and procedures for
screening the suitability of any individual who
committed a harm based on--
``(i) the history of civil and criminal
complaints against the individual involving
domestic violence, sexual assault, dating
violence, or stalking;
``(ii) parole or probation violations of
the individual or whether active parole or
probation supervision of the individual is
being conducted for prior offenses involving
domestic violence, sexual assault, dating
violence, or stalking;
``(iii) the risk to the safety of any
victim of the harm based on an evidence-based
risk assessment;
``(iv) the risk to public safety, including
an evidence-based risk assessment of the danger
to the public; and
``(v) past participation of any individual
who committed the harm in restorative practice
programing; and
``(B) denies eligibility to participate in the
program for any individual who committed a harm against
whom there is--
``(i) a pending felony or misdemeanor
prosecution for an offense against any victim
of the harm or a dependent of any such victim;
``(ii) a restraining order or a protection
order (as defined in section 2266 of title 18,
United States Code) that protects any victim of
the harm or a dependent of any such victim,
unless there is an exception in the restraining
order or protective order allowing for
participation in a restorative practices
program;
``(iii) a pending criminal charge involving
or relating to sexual assault, including rape,
human trafficking, or child abuse, including
child sexual abuse; or
``(iv) a conviction for child sexual abuse
against the victim or a sibling of the victim
if the victim or sibling of the victim is
currently a minor.
``(2) Referral.--With respect to a risk assessment
described in paragraph (1)(A)(iii) for which an eligible entity
or a subgrantee of an eligible entity determines that a victim
or a dependent of a victim are at significant risk of
subsequent serious injury, sexual assault, or death, the
eligible entity or subgrantee shall refer the victim or
dependent to other victim services, instead of restorative
practices.
``(f) Nondisclosure of Confidential or Private Information.--For
the purpose of section 40002(b)(2), an individual described in
subsection (a)(3)(C) shall be considered a person receiving services.
``(g) Relation to Criminal Justice Intervention.--Restorative
practices performed with funds awarded under this section are not
intended to function as a replacement for criminal justice intervention
for a specific harm.
``(h) Reports.--
``(1) Report to director.--As a part of the report required
to be submitted under section 40002(b)(6), an eligible entity
that receives a grant under this section shall annually submit
to the Director information relating to the effectiveness of
the restorative practices carried out with amounts from the
grant, including--
``(A) the number of individuals for whom the
eligible entity supported a restorative practice;
``(B) if applicable, the number of individuals
who--
``(i) sought restorative practices from the
eligible entity; and
``(ii) the eligible entity could not serve;
``(C) if applicable, the number of individuals--
``(i) who sought restorative practice
training;
``(ii) who received restorative practice
training;
``(iii) who provided restorative practice
training; and
``(iv) to whom the eligible entity could
not provide restorative practice training;
``(D) a victim evaluation component that is
documented through survey or interview, including the
satisfaction of victims of a harm with the restorative
practice services;
``(E) if applicable, the number of individuals who
committed a harm and--
``(i) successfully completed and executed a
written course of action plan;
``(ii) failed to successfully complete and
execute a written course of action plan; and
``(iii) were involved in a criminal or
civil complaint involving domestic violence,
dating violence, sexual assault, or stalking
against the victims or victims during the
course of the restorative practice process; and
``(F) any other qualitative or quantitative
information determined by the Director.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of this section, and biennially thereafter,
the Director shall submit to Congress a report that summarizes
the reports received by the Director under paragraph (1).
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director such sums as may be necessary for each of
fiscal years 2023 through 2027 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) is amended by inserting after the item relating to section 41601
the following:
``Subtitle R--Restorative Practices
``Sec. 41801. Pilot program on restorative practices.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12511) is amended--
(1) in subsection (b)(2)(C)(iii), by inserting ``direct
payments,'' before ``and comprehensive'';
(2) in subsection (c)--
(A) in paragraph (4)--
(i) by striking ``(4) Distribution'' and
all that follows through ``The Attorney
General'' and inserting the following:
``(4) Distribution.--The Attorney General''; and
(ii) by striking subparagraph (B);
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) Technical assistance.--The Attorney General shall
provide technical assistance to recipients of grants under this
subsection by entering into a cooperative agreement or contract
with a national, nonprofit, nongovernmental organization or
organizations whose primary focus and expertise is in
addressing sexual assault within culturally specific
communities.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``$40,000,000 to
remain available until expended for each of fiscal
years 2014 through 2018'' and inserting ``$100,000,000
to remain available until expended for each of fiscal
years 2023 through 2027''; and
(B) in paragraph (2)(B)--
(i) by striking ``2.5'' and inserting
``8''; and
(ii) by striking the semicolon at the end
and inserting ``of which not less than 20
percent shall be available for technical
assistance to recipients and potential
recipients of grants under subsection (c);''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violence Against Women Act of 1994 (34 U.S.C.
12341) is amended--
(1) 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.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(B) in paragraph (5)--
(i) by inserting after ``by the lack of
access to'' the following: ``quality forensic
sexual assault examinations by trained health
care providers,''; and
(ii) by striking ``shelters and'' and
inserting ``shelters, and''; and
(3) in subsection (e)(1), by striking ``$50,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$100,000,000 for each of fiscal years 2023 through 2027''.
SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
INDIVIDUALS 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
``individuals''; and
(B) by inserting after ``disabilities'' the
following: ``and deaf people'';
(2) in subsection (a)(1)--
(A) by striking ``and sexual assault'' and
inserting ``sexual assault, and abuse by caregivers'';
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 ``individuals 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''; and
(4) in subsection (e)--
(A) by striking ``$9,000,000'' and inserting
``$15,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Subtitle H of the Violence Against Women Act of 1994 (34 U.S.C.
12421 et seq.) is amended--
(1) in the subtitle heading, by striking ``Enhanced
Training'' and inserting ``Training''; and
(2) in section 40801 (34 U.S.C. 12421)--
(A) in the section heading, by striking ``enhanced
training'' and inserting ``training'';
(B) by striking subsection (a); and
(C) in subsection (b)--
(i) by striking ``(b) Grant Program.--''
and all that follows through paragraph (1) and
inserting the following: ``The Attorney General
shall make grants to eligible entities in
accordance with the following:'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively;
(iii) in paragraph (1), as so
redesignated--
(I) by striking ``, including
domestic violence, dating violence,
sexual assault, stalking, exploitation,
and neglect'' each place it appears;
(II) in subparagraph (A)--
(aa) in clause (i)--
(AA) by striking
``elder abuse'' and
inserting ``abuse in
later life''; and
(BB) by striking
``victim advocates,
and'' and inserting
``victim advocates,
or''; and
(bb) 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''; and
(III) in subparagraph (B)--
(aa) in clause (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
(bb) in clause (ii), by
striking ``elder abuse and'';
(iv) in paragraph (2), as so redesignated--
(I) in subparagraph (A)--
(aa) in clause (iv), by
striking ``with demonstrated
experience in assisting
individuals over 50 years of
age''; and
(bb) in clause (v), by
striking ``with demonstrated
experience in addressing
domestic violence, dating
violence, sexual assault, and
stalking''; and
(II) in subparagraph (B)(iv), by
striking ``in later life;'' and
inserting ``50 years of age or over.'';
and
(v) in paragraph (4), as so redesignated--
(I) by striking ``$9,000,000'' and
inserting ``$10,000,000''; and
(II) by striking ``2014 through
2018'' and inserting ``2023 through
2027''.
SEC. 205. ABBY HONOLD ACT.
(a) Short Title.--This section may be cited as the ``Abby Honold
Act''.
(b) Amendment.--Title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) 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) an administrator or personnel of a school,
university, or other educational program or activity
(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.
``(4) the term `eligible entity' means a State, local,
territorial, or Tribal law enforcement agency; and
``(5) the term `mandatory partner' means a national,
regional, or local victim services organization or agency
working in collaboration with a law enforcement agency
described in paragraph (4).
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall award grants
on a competitive basis to eligible entities to collaborate with
their mandatory partners to carry out the demonstration program
under this section by implementing evidence-based or promising
investigative 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.
``(2) 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;
``(II) the impact of trauma on
victims of domestic violence, dating
violence, sexual assault, and stalking;
and
``(III) techniques for effectively
investigating 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.--There are authorized to be
appropriated to the Attorney General $5,000,000 for each of fiscal
years 2023 through 2027 to carry out this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to interfere with the due process rights of any
individual.''.
SEC. 206. LGBT SPECIFIC SERVICES PROGRAM.
(a) Establishment.--The Attorney General, acting through the
Director of the Violence Against Women Office (referred to in this
section as the ``Director''), shall make grants to eligible entities to
enhance lesbian, gay, bisexual, and transgender (referred to in this
section as ``LGBT'') 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 LGBT specific domestic violence, dating
violence, sexual assault, and stalking community-based
programs providing services and resources for LGBT
victims of domestic violence, dating violence, sexual
assault, and stalking.
(B) The development of innovative LGBT specific
strategies and projects to enhance access to services
and resources for LGBT 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 LGBT 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 LGBT specific responses to domestic
violence, dating violence, sexual assault, and stalking,
including--
(A) providing or enhancing services for LGBT
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 LGBT victims;
(B) supporting programs that specifically address
underserved LGBT communities, including culturally
specific communities, to provide specific resources and
support for LGBT 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 LGBT specific issues and resources
regarding victims of domestic violence, dating
violence, sexual assault, and stalking;
(D) conducting outreach activities to ensure that
LGBT people who are victims of domestic violence,
dating violence, stalking, or sexual assault receive
appropriate assistance;
(E) providing training for victim service
providers, 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;
(F) developing and implementing LGBT specific
programming that focuses on victim autonomy, agency,
and safety in order to provide resolution and
restitution for the victim; and
(G) providing LGBT specific programs for the non-
offending LGBT parents of children exposed to domestic
violence, dating violence, sexual assault, and
stalking.
(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 LGBT 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 LGBT 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 organizations, the primary purpose of
which is providing LGBT specific services to victims of
domestic violence, dating violence, sexual assault, and
stalking; and
(2) community-based organizations, the primary purpose of
which is providing LGBT 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 LGBT 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 LGBT victims of
domestic violence, dating violence, sexual assault, and stalking and
the types of LGBT specific programs, strategies, technical assistance,
and training developed or enhanced through this program.
(e) 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.
(f) Non-Exclusivity.--Nothing in this section shall be construed to
exclude LGBT community-based organizations from applying to other grant
programs authorized under this Act.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $8,000,000 for each of fiscal
years 2023 through 2027, to 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 utilization of
other communication technologies for purposes related
to such a hotline'';
(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)--
(i) by striking ``sexual assault'' and
inserting ``sexual violence, sexual assault,
and sexual harassment''; and
(ii) by inserting ``and Deaf individuals''
before the period at the end;
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal'';
(3) by redesignating subsection (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting the following new subsection after
subsection (b):
``(c) Meaningful Involvement of State Sexual Assault Coalitions,
Culturally Specific Organizations, and Underserved Communities.--In
awarding funds to States under this section, the Secretary shall set
forth procedures designed to ensure meaningful involvement of sexual
assault coalitions, culturally specific organizations, and
representatives from underserved communities of the State or territory
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
``$100,000,000 for each of fiscal years 2023 through
2027'';
(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.--
``(A) In general.--Of the total amount appropriated
under this subsection for a fiscal year, not less than
15 percent shall be allocated 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 applicable Federal,
State, Tribal, and local entities engaged in sexual
violence prevention, in accordance with this paragraph.
``(B) Allocations.--Of the total amount
appropriated under this subsection and allocated to
making awards to sexual assault coalitions, as
described in subparagraph (A), for a fiscal year--
``(i) not less than 10 percent shall be
made available to Tribal sexual assault
coalitions; and
``(ii) any remaining amounts shall be made
available, in equal amounts, to each State
coalition and each territorial coalition.
``(C) Clarification.--Receipt of an award under
this subsection by a 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
2022, the Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall submit to the Committee on
Appropriations, the Committee on Energy and Commerce, and the Committee
on the Judiciary of the House of Representatives and the Committee on
Appropriations, the Committee on Health, Education, Labor, and
Pensions, and the Committee on the Judiciary 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 Violence Against Women Act of 1994 (34 U.S.C.
12451) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), in the first sentence, 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'';
(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 responses related to, and
prevention of, female genital mutilation or cutting.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``stalking, or sex trafficking'' and inserting
``stalking, sex trafficking, or female genital
mutilation or cutting'';
(ii) in subparagraph (C), by inserting
``confidential'' before ``support services'';
and
(iii) in subparagraph (E), by inserting
after ``programming for youth'' the following:
``, including youth in underserved
populations,''; and
(C) by adding at the end the following:
``(3) Children exposed to violence and abuse.--To develop,
maintain, or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding to
children's exposure to violence in the home, including by--
``(A) providing services for children exposed to
domestic violence, dating violence, sexual assault or
stalking, including--
``(i) direct counseling or advocacy; and
``(ii) support for the non-abusing parent;
and
``(B) training and coordination for educational,
after-school, and childcare programs on how to--
``(i) safely and confidentially identity
children and families experiencing domestic
violence, dating violence, sexual assault, or
stalking; and
``(ii) properly refer children exposed and
their families to services and violence
prevention programs.
``(4) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals, which--
``(A) may include the use evidenced-based,
evidence-informed, or innovative strategies and
practices focused on youth; and
``(B) shall include--
``(i) age and developmentally-appropriate
education on--
``(I) domestic violence;
``(II) dating violence;
``(III) sexual assault;
``(IV) stalking;
``(V) sexual coercion; and
``(VI) healthy relationship skills,
in school, in the community, or in
health care settings;
``(ii) community-based collaboration and
training for individuals with influence on
youth, such as parents, teachers, coaches,
healthcare providers, faith leaders, older
teens, and mentors;
``(iii) education and outreach to change
environmental factors contributing to domestic
violence, dating violence, sexual assault, and
stalking; and
``(iv) policy development targeted to
prevention, including school-based policies and
protocols.'';
(2) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by inserting ``organization'' after
``tribal nonprofit''; and
(ii) by inserting ``Native Hawaiian
organization, urban Indian organization,''
before ``or population-specific community-based
organization''; and
(B) in paragraph (2)(A), by striking ``paragraph
(1)'' and inserting ``subparagraph (A) or (B) of
paragraph (1)'';
(3) in subsection (d)(3), by striking the period at the end
and inserting ``, including training on working with youth
victims of domestic violence, dating violence, sexual assault,
or sex trafficking in underserved populations, if such youth
are among those being served.''; and
(4) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$30,000,000
for each of fiscal years 2023 through 2027''.
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 (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2);
(2) 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 that promote a prompt, fair, and impartial
investigation.'';
(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 (9), by striking ``and provide''
and inserting ``, provide, and disseminate'';
(D) in paragraph (10), by inserting after ``or
adapt'' the following: ``and disseminate''; and
(E) 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 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
defined in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a))).'';
(3) in subsection (c)(3), by striking ``2014 through 2018''
and inserting ``2023 through 2027'';
(4) in subsection (d)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``for
all incoming students'' and inserting ``for all
students''; and
(ii) by striking subparagraph (D) and
inserting the following:
``(D) The grantee shall train all participants in
the resolution process, including the campus
disciplinary board, the title IX coordinator's office,
and the student conduct office, to respond effectively
to situations involving domestic violence, dating
violence, sexual assault, or stalking.''; and
(B) in paragraph (4)(C), by inserting after
``sex,'' the following: ``sexual orientation, gender
identity,''; and
(5) in subsection (e), by striking ``$12,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2023 through 2027, of which not less
than 10 percent shall be made available for grants to
historically Black colleges and universities''.
(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 shall include--
(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.
SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS AND RELATED
COSTS FOLLOWING A SEXUAL ASSAULT.
Not later than 270 days after the date of enactment of this Act,
the Comptroller General of the United States shall issue a report to
Congress on requirements and funding of States for forensic exams
conducted after sexual assaults and any related medical expenses, as
applicable, which shall include, with respect to each State--
(1) the total annual cost of conducting forensic exams
described in section 2010(b) of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b));
(2) each funding source used to pay for the forensic exams
described in section 2010(b) of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b));
(3) a description of any laws or policies of the State to
ensure that individuals do not receive bills for all or part of
the cost of forensic exams conducted after sexual assaults,
consistent with section 2010(b) of part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10449(b)), including any oversight to ensure those individuals
do not receive bills;
(4) an identification of any best practices implemented by
the State to ensure that individuals do not receive bills for
forensic exams conducted after sexual assaults;
(5) any requirements under laws of the State relating to
payment for medical expenses and ancillary costs relating to a
sexual assault, which may include treatment of injuries
associated with the assault, imaging (including x-rays, MRIs,
and CAT scans), and other emergency medical care required as a
result of the sexual assault for which a victim receives a
forensic exam; and
(6) if a law of the State requires the State to pay for the
medical expenses described in paragraph (5)--
(A) a detailed list of which medical expenses
require coverage;
(B) the total annual cost of medical expenses
relating to a sexual assault for which a victim
receives a forensic exam outside of the cost of the
forensic exam; and
(C) each funding source the State uses to pay for
medical expenses relating to a sexual assault for which
a victim receives a forensic exam.
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 ``the fiscal years 2014
through 2018'' and inserting ``fiscal years 2023 through
2027''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART
PREVENTION) GRANTS.
Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
12463) is amended--
(1) in subsection (a), by striking ``taking a comprehensive
approach that focuses on youth, children exposed to violence,
and men'' and inserting ``focusing on men and youth'';
(2) in subsection (b)--
(A) by striking ``for the following purposes:'' and
all that follows through ``(3) engaging men as leaders
and models.--To develop'' and inserting ``to develop'';
and
(B) by inserting ``and youth'' after ``men'' the
first 2 times it appears;
(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 ``$20,000,000
for each of fiscal years 2023 through 2027''; and
(5) by striking subsection (g).
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE
SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S 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), by striking ``for medical''
and all that follows through ``stalking; and'' and
inserting ``for medical, psychology, dental, social
work, nursing, and other health profession students,
interns, residents, fellows, or current health care
providers (including midwives and doulas);''; and
(C) in paragraph (3)--
(i) by striking ``response'' 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 of domestic violence, dating violence, sexual
assault, and stalking.'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i)--
(i) by striking ``to identify and provide''
and inserting ``to provide universal education
on healthy relationships and provide trauma-
informed''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (A)(ii)--
(i) by striking ``culturally competent
clinical training components'' and inserting
``training components that center the
experiences of, and are developed in
collaboration with, culturally specific
individuals and American Indians and Alaska
Natives, and include community-defined
practices such as the use of doulas, midwives,
and traditional healers,'';
(ii) by inserting ``(including labor and
sex trafficking)'' after ``other forms of
violence and abuse''; and
(iii) 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 LGBT
individuals, and include training on improving
equity and reducing disparities in access to
health care services and prevention resources;
and
``(iv) include training on the use of a
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), by striking ``response of the health care
system'' and inserting ``capacity of the health care
system to prevent and respond'';
(E) in subparagraph (B)(i)--
(i) by striking ``identifying and
responding to'' inserting ``identifying,
responding to, and promoting prevention of'';
(ii) by inserting ``during in-person or
virtual visits'' after ``and stalking''; and
(iii) by inserting ``and to maximize victim
choice on the use and sharing of their health
information'' before the semicolon at the end;
(F) in subparagraph (B)(ii)--
(i) by striking ``on-site access to'' and
all that follows through the semicolon at the
end and inserting the following: ``services to
address the safety, medical, and mental health
needs of patients by--
``(I) increasing the capacity of
existing health care professionals
(including professionals who specialize
in trauma or in substance use
disorders) in behavioral and mental
health care, 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 ``of identification'' and
inserting ``of 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 and
inserting a semicolon;
(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 mental
health, behavioral health, and substance use
disorder 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 subparagraph heading, by striking
``Child and elder abuse'' and inserting ``Child abuse
and abuse in later life''; and
(B) by striking ``child or elder abuse'' and
inserting ``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 across
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 health care providers to support victims
and meet increased referrals from health
systems;
``(vi) developing 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 have substance
use history; or
``(vii) developing and utilizing 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 ``given to outcome
based evaluations.'' and inserting the following: ``given to--
``(i) outcome based evaluations;
``(ii) culturally specific and population
specific organizations; and
``(iii) programs developing and
implementing community-driven solutions to
address domestic violence, dating violence,
sexual assault, or stalking.'';
(10) in subsection (c)(3)(B)(i)(III), by inserting ``,
including a culturally specific organization or community-based
organization working to address the social determinants of
health,'' after ``nonprofit entity'';
(11) in subsection (c)(3)(C)(ii)--
(A) by striking ``strategies for'' and inserting
the following: ``strategies--
``(I) 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) 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,
economic justice, and equity issues,
and that are inclusive of LGBT
individuals;'';
(12) in subsection (c)(3)(C)(iii), by striking ``State or
tribal law enforcement task forces (where appropriate)'' and
inserting ``culturally specific organizations'';
(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 ``(including mental health or
substance abuse agencies)'' after ``of health'';
(B) by striking ``or mental'' and inserting ``or
behavioral''; and
(C) by inserting ``and substance use disorder
prevention and treatment'' before the semicolon at the
end;
(15) in subsection (d)(2)(B)--
(A) by inserting ``behavioral health treatment
system,'' after ``hospital,'';
(B) by striking ``or any other community-based''
and inserting ``a community-based''; and
(C) by inserting ``or substance use disorder
prevention and treatment, or a community-based
organization with a history of partnership with
programs in the field of domestic violence, dating
violence, sexual assault, or stalking and health care,
including physical or mental health care or substance
use disorder prevention and treatment'' after ``mental
health care'';
(16) in subsection (g)--
(A) by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2023 through 2027''; and
(17) in subsection (h)--
(A) by striking ``herein''; and
(B) by striking ``provided for''.
SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.
(a) Study.--The Secretary of Health and Human Services, acting
through the Director of the Centers 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 leading causes of
pregnancy-associated morbidity and mortality and the extent which
domestic violence, dating violence, sexual assault, or stalking
throughout the United States contribute to the risk of maternal
mortality or morbidity.
(b) Reports.--Not later than 3 years after the date of enactment of
this Act, 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), which
shall include the following:
(1) An analysis of the extent to which domestic violence,
dating violence, sexual assault, or stalking contribute to
pregnancy-associated morbidity and mortality.
(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, disability status, and sexual
orientation and gender identity.
(4) An analysis of the impact of domestic violence, dating
violence, sexual assault, or stalking on Tribal communities and
among Indians.
(5) An assessment of the factors that increase risks for
infant and maternal mortality or morbidity among victims 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 Secretary determines appropriate to include in
the report.
SEC. 503. UNDERSTANDING SEXUAL ASSAULT CARE IN HEALTH SYSTEMS.
(a) Purpose.--It is the purpose of this section to identify areas
for improvement in health care delivery systems providing forensic
examinations to survivors of sexual assault.
(b) Grants.--The Secretary of Health and Human Services (referred
to in this section as ``the Secretary'') shall award grants to States
and Indian Tribes to develop and implement State and Tribal surveys to
identify--
(1) the availability of, and patient access to, medical
forensic examinations;
(2) the training level of the health care providers who
perform medical forensic examinations;
(3) the hospitals or clinics that offer medical forensic
examinations and whether each hospital or clinic has full-time,
part-time, or on-call coverage;
(4) barriers to medical forensic examinations provided
through sexual assault care and services;
(5) billing and reimbursement practices for medical
forensic examinations;
(6) State and Tribal requirements, minimum standards, and
protocols for training sexual assault examiners for sexual
assault forensic examiners and for other personnel involved in
medical forensic examinations;
(7) the availability of sexual assault forensic examiner
training, the frequency of such training, the providers of such
training, the State's or Indian Tribe's role in such training,
and the processes or procedures in place for continuing
education of such examiners; and
(8) the dedicated Federal and State funding available to
support sexual assault forensic examiner training.
(c) Eligibility.--To be eligible to receive a grant under this
section, a State or Indian Tribe shall submit to the Secretary an
application through a competitive process to be determined by the
Secretary.
(d) Public Dissemination and Campaign.--
(1) Public availability.--The results of the surveys
conducted under grants awarded under this section shall be
published by the Secretary on the website of the Department of
Health and Human Services on a biennial basis.
(2) Campaigns.--A State or Indian Tribe that receives a
grant under this section shall carry out the following
activities:
(A) Make the findings of the survey conducted using
amounts received under the grant public, including a
map showing health care providers who perform medical
forensic examinations, based on the findings from the
State and Tribal surveys under subsection (b)(3).
(B) Use the findings to develop a strategic action
plan to increase the number of trained medical forensic
examiners available in the State or Tribal community
and create policies to increase survivor access to
trained examiners.
(C) Use the findings to develop and implement a
public awareness campaign that includes the following:
(i) An online toolkit describing how and
where sexual assault survivors can obtain
assistance and care, including medical forensic
examinations, in the State or Tribal community.
(ii) A model standard response protocol for
health care providers to implement upon arrival
of a patient seeking care for sexual assault.
(iii) A model sexual assault response team
protocol incorporating interdisciplinary
community coordination between hospitals,
emergency departments, hospital administration,
local rape crisis programs, law enforcement,
prosecuting attorneys, and other health and
human service agencies and stakeholders with
respect to delivering survivor-centered sexual
assault care and medical forensic examinations.
(iv) A notice of applicable laws
prohibiting charging or billing survivors of
sexual assault for care and services related to
sexual assault.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2023 through 2027.
SEC. 504. NATIONAL REPORT ON SEXUAL ASSAULT SERVICES IN OUR NATION'S
HEALTH SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Agency for Healthcare
Research and Quality, in consultation with the Centers for Medicare &
Medicaid Services, the Centers for Disease Control and Prevention, the
Health Resources and Services Administration, the Indian Health
Service, the Office for Victims of Crime of the Department of Justice,
the Office on Women's Health of the Department of Health and Human
Services, and the Office of Violence Against Women of the Department of
Justice (collectively referred to in this section as the ``Agencies''),
shall submit to the Secretary of Health and Human Services (referred to
in this section as ``the Secretary'') a report of existing Federal,
Indian Tribe, and State practices relating to medical forensic
examinations which may include the findings of the surveys developed
under section 503.
(b) Core Competencies.--In conducting activities under this
section, the Agencies shall address sexual assault forensic examination
competencies, including--
(1) providing medical care to sexual assault patients;
(2) demonstrating the ability to conduct a medical forensic
examination, including an evaluation for evidence collection;
(3) showing compassion and sensitivity towards survivors of
sexual assault;
(4) testifying in Federal, State, local, and Tribal courts;
and
(5) other competencies, as the Agencies determine
appropriate.
(c) Publication.--The Agency for Healthcare Research and Quality
shall establish, maintain, and publish on the website of the Department
of Health and Human Services an online public map of availability of
sexual assault forensic examinations. Such maps shall clarify if there
is full-time, part-time, or on-call coverage.
(d) Report to Congress.--Not later than 60 days after receiving the
report described in subsection (a), the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce and the Committee on Education and
Labor of the House of Representatives recommendations for improving
sexual assault forensic examination competencies based on the report
described in subsection (a).
SEC. 505. IMPROVING AND STRENGTHENING THE SEXUAL ASSAULT EXAMINER
WORKFORCE CLINICAL AND CONTINUING EDUCATION PILOT
PROGRAM.
(a) Purpose.--It is the purpose of this section to establish a
pilot program to develop, test, and implement training and continuing
education that expands and supports the availability of medical
forensic examination services for survivors of sexual assault.
(b) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as ``the Secretary'')
shall establish a National Continuing and Clinical Education
Pilot Program for sexual assault forensic examiners, sexual
assault nurse examiners, and other individuals who perform
medical forensic examinations.
(2) Consultation.--In establishing such program, the
Secretary shall consult with the Centers for Medicare &
Medicaid Services, the Centers for Disease Control and
Prevention, the Health Resources and Services Administration,
the Indian Health Service, the Office for Victims of Crime of
the Department of Justice, the Office on Violence Against Women
of the Department of Justice, and the Office on Women's Health
of the Department of Health and Human Services, and shall
solicit input from regional, national, and Tribal organizations
with expertise in forensic nursing, rape trauma or crisis
counseling, investigating rape and gender violence cases,
survivors' advocacy and support, sexual assault prevention
education, rural health, and responding to sexual violence in
Tribal communities.
(c) Functions.--The pilot program established under subsection (b)
shall develop, pilot, implement, and update, as appropriate, continuing
and clinical education program modules, webinars, and programs for all
hospitals and providers to increase access to medical forensic
examination services and address ongoing competency issues in medical
forensic examination services, including--
(1) training and continuing education to help support
sexual assault forensic examiners practicing in rural or
underserved areas;
(2) training to help connect sexual assault survivors who
are Indian with sexual assault forensic examiners, including
through emergency first aid, referrals, culturally competent
support, and forensic evidence collection in rural communities;
(3) replication of successful sexual assault forensic
examination programs to help develop and improve the evidence
base for medical forensic examinations; and
(4) training to increase the number of medical
professionals who are considered sexual assault forensic
examiners based on the recommendations of the National Sexual
Assault Forensic Examination Training Standards issued by the
Office on Violence Against Women of the Department of Justice.
(d) Eligibility to Participate in Pilot Programs.--The Secretary
shall ensure that medical forensic examination services provided under
the pilot program established under subsection (b), and other medical
forensic examiner services under the pilot program are provided by
health care providers who are also one of the following:
(1) A physician, including a resident physician.
(2) A nurse practitioner.
(3) A nurse midwife.
(4) A physician assistant.
(5) A certified nurse specialist.
(6) A registered nurse.
(7) A community health practitioner or a community health
aide who has completed level III or level IV certification and
training requirements.
(e) Nature of Training.--The continuing education program
established under this section shall incorporate and reflect current
best practices and standards on medical forensic examination services
consistent with the purpose of this section.
(f) Availability.--After termination of the pilot program
established under subsection (b)(1), the training and continuing
education program established under such program shall be available to
all sexual assault forensic examiners and other providers employed by,
or any individual providing services through, facilities that receive
Federal funding.
(g) Effective Date.--The pilot program established under this
section shall terminate on the date that is 2 years after the date of
such establishment.
(h) Authorization.--There are authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2023 through
2025.
SEC. 506. EXPANDING ACCESS TO UNIFIED CARE.
(a) Establishment of Program.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') shall
establish a program (referred to in this section as the ``program'') to
award grants to eligible entities for the clinical training of sexual
assault forensic examiners (including registered nurses, nurse
practitioners, nurse midwives, clinical nurse specialists, physician
assistants, and physicians) to administer medical forensic examinations
and treatments to survivors of sexual assault.
(b) Purpose.--The purpose of the program is to enable each grant
recipient to expand access to medical forensic examination services by
providing new providers with the clinical training necessary to
establish and maintain competency in such services and to test the
provisions of such services at new facilities in expanded health care
settings.
(c) Grants.--Under the program, the Secretary shall award 3-year
grants to eligible entities that meet the requirements established by
the Secretary.
(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
(1) be--
(A) a safety net clinic acting in partnership with
a high-volume emergency services provider or a hospital
currently providing sexual assault medical forensic
examinations performed by sexual assault forensic
examiners, that will use grant funds to--
(i) assign rural health care service
providers to the high-volume hospitals for
clinical practicum hours to qualify such
providers as sexual assault forensic examiners;
or
(ii) assign practitioners at high-volume
hospitals to rural health care services
providers to instruct, oversee, and approve
clinical practicum hours in the community to be
served;
(B) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of such Code, that provides legal
training and technical assistance to Tribal communities
and to organizations and agencies serving Indians; or
(C) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including a description of whether the applicant
will provide services described in subparagraph (A) or (B) of
paragraph (1).
(e) Grant Amount.--Each grant awarded under this section shall be
in an amount not to exceed $400,000 per year. A grant recipient may
carry over funds from one fiscal year to the next without obtaining
approval from the Secretary.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2023 through 2027.
(2) Set-aside.--Of the amount appropriated under this
subsection for a fiscal year, the Secretary shall reserve 15
percent of such amount for purposes of making grants to
entities that are affiliated with Indian Tribes or Tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
or Urban Indian organizations (as defined in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts
reserved may be used to support referrals and the delivery of
emergency first aid, culturally competent support, and forensic
evidence collection training.
SEC. 507. EXPANDING ACCESS TO FORENSICS FOR VICTIMS OF INTERPERSONAL
VIOLENCE.
(a) Definitions.--In this section:
(1) Community health aide; community health practitioner.--
The terms ``community health aide'' and ``community health
practitioner'' have the meanings given such terms for purposes
of section 119 of the Indian Health Care Improvement Act (25
U.S.C. 1616l).
(2) Health care provider.--The term ``health care
provider'' has the meaning given such term by the Secretary,
and includes registered nurses, nurse practitioners, nurse
midwives, clinical nurse specialists, physician assistants, and
physicians.
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' shall have the meanings
given such terms in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Interpersonal violence.--The term ``interpersonal
violence'' means any form of violence that is emotional and
trauma-inducing for victims, families of victims, perpetrators,
and communities.
(6) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given such term in
section 12 of the Native Hawaiian Health Care Improvement Act
(42 U.S.C. 11711).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(8) Trauma-informed care.--The term ``trauma-informed
care'' means care received by trauma survivors that is
culturally competent in accordance with professional standards
of practice and accounting for patients' experiences and
preferences in order to eliminate or mitigate triggers that may
cause re-traumatization of the patient.
(9) Urban indian organization.--The term ``Urban Indian
organization'' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act (25 U.S.C. 1603).
(b) Demonstration Grants for Comprehensive Forensic Training.--
(1) Establishment of program.--The Secretary shall
establish a demonstration program to award grants to eligible
entities for the clinical training of health care providers to
provide generalist forensic services and trauma-informed care
to survivors of interpersonal violence of all ages.
(2) Purpose.--The purpose of the demonstration program
under this subsection is to develop training and curriculum to
provide health care providers with the skills to support the
provision of forensic assessment and trauma-informed care to
individuals, families, and communities that have experienced
violence or trauma and to be available to collaborate with
members of an inter-professional forensic team.
(3) Term.--Grants under this subsection shall be for a term
of 5 years.
(4) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall--
(A) be an institute of higher education, including
a minority serving institution as described in section
371 of the Higher Education Act of 1965 (20 U.S.C.
1067q); and
(B) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
(5) Grant amount.--Each grant awarded under this subsection
shall be in an amount that does not exceed $400,000 per year. A
grant recipient may carry over funds from one fiscal year to
the next without obtaining approval from the Secretary.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $5,000,000
for each of fiscal years 2023 through 2027.
(B) Set-aside.--Of the amount appropriated under
this paragraph for a fiscal year, the Secretary shall
reserve 10 percent for purposes of making grants to
support training and curricula that addresses the
unique needs of Indian Tribes, Tribal organizations,
Urban Indian organizations, and Native Hawaiian
organizations. Amounts so reserved may be used to
support training, referrals, and the delivery of
emergency first aid, culturally competent support, and
forensic evidence collection training.
(c) Technical Assistance Grants and Learning Collectives.--
(1) In general.--The Secretary shall establish a State and
Tribal forensic provider technical resource center to provide
technical assistance and support collaboration and best
practices for health care providers, community health aides,
and community health practitioners to improve the quality of,
and increase access to, forensic services for all survivors of
interpersonal violence. The Secretary may enter into contracts
with national experts for purposes of carrying out this
subsection.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $2,000,000 for
each of fiscal years 2023 through 2027.
(d) National Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Office for Victims
of Crime of the Department of Justice, the Centers for Disease Control
and Prevention, the Health Resources and Services Administration, the
Indian Health Service, the Office on Women's Health of the Department
of Health and Human Services, and the Office on Violence Against Women
of the Department of Justice shall jointly submit to the Secretary a
report on the need for, throughout the States, Indian Tribes, and
territories--
(1) access to generalist medical forensic services,
evidence collection, and documentation that aids in meeting the
needs of health care patients and improves future law
enforcement investigation and prosecution; and
(2) data for research to support the response to and
prevention of interpersonal violence, improved ability of
health care providers to adequately respond to patients who
exhibit signs of victimization, and address the unique needs of
Tribal communities.
TITLE VI--SAFE HOMES FOR VICTIMS
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 41411(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12491(a)) is amended--
(1) in paragraph (1)(A), by striking ``brother, sister,''
and inserting ``sibling,''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including the
direct loan program under such section'';
(B) in subparagraph (D), by striking ``the program
under subtitle A of'' and inserting ``the programs
under'';
(C) 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;
(D) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and
(E) 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) the provision of transitional housing
assistance for victims of domestic violence, dating
violence, sexual assault, or stalking under the grant
program under chapter 11 of subtitle B; and
``(P) any other Federal housing programs providing
affordable housing to low- and moderate-income persons
by means of restricted rents or rental assistance, or
more generally providing affordable housing
opportunities, as identified by the appropriate agency
through regulations, notices, or any other means.''.
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) where possible, be incorporated into other
existing compliance review processes of the appropriate
agency, in consultation with the Gender-based Violence
Prevention Office and Violence Against Women Act
Director described in section 41413 and any other
relevant officials of the appropriate agency; and
``(B) examine--
``(i) 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) compliance with confidentiality
provisions set forth in section 41411(c)(4);
``(iii) compliance with the notification
requirements set forth in section 41411(d)(2);
``(iv) compliance with the provisions for
accepting documentation set forth in section
41411(c);
``(v) compliance with emergency transfer
requirements set forth in section 41411(e); and
``(vi) 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.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Violence Against Women Act Reauthorization Act
of 2022, each appropriate agency shall issue regulations in
accordance with section 553 of title 5, United States Code, to
implement subsection (a) of this section, which shall--
``(A) define standards of compliance under covered
housing programs;
``(B) include detailed reporting requirements,
including the number of emergency transfers requested
and granted, as well as the length of time needed to
process emergency transfers; and
``(C) include standards for corrective action plans
where compliance standards have not been met.
``(2) Consultation.--In developing the regulations under
paragraph (1), an appropriate agency shall engage in additional
consultation with appropriate stakeholders including, as
appropriate--
``(A) individuals and organizations with expertise
in the housing needs and experiences of victims of
domestic violence, dating violence, sexual assault and
stalking; and
``(B) individuals and organizations with expertise
in the administration or management of covered housing
programs, including industry stakeholders and public
housing agencies.
``(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 GENDER-BASED
VIOLENCE PREVENTION OFFICE AND VIOLENCE AGAINST WOMEN ACT
DIRECTOR.
``(a) Establishment.--The Secretary of Housing and Urban
Development shall establish a Gender-based Violence Prevention Office
with a Violence Against Women Act Director (in this section referred to
as the `Director').
``(b) Duties.--The Director shall, among other duties--
``(1) support implementation of this chapter;
``(2) coordinate with Federal agencies on legislation,
implementation, and other issues affecting the housing
provisions under this subtitle, as well as other issues related
to advancing housing protections for victims of domestic
violence, dating violence, sexual assault, and stalking;
``(3) coordinate with State and local governments and
agencies, including State housing finance agencies, regarding
advancing housing protections and access to housing for victims
of domestic violence, dating violence, sexual assault, and
stalking;
``(4) ensure that technical assistance and support are
provided to each appropriate agency and 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;
``(5) implement internal systems to track, monitor, and
address compliance failures; and
``(6) address the housing needs and barriers faced by
victims of sexual assault, as well as sexual coercion and
sexual harassment by a public housing agency or owner or
manager of housing assisted under a covered housing program.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2023 through 2027.
``SEC. 41414. PROHIBITION ON RETALIATION.
``(a) Non-retaliation Requirement.--No public housing agency or
owner or manager of housing assisted under a covered housing program
shall discriminate against any person because that person has opposed
any act or practice made unlawful by this subtitle, or because that
person testified, assisted, or participated in any matter related to
this chapter.
``(b) Prohibition on Coercion.--No public housing agency or owner
or manager of housing assisted under a covered housing program shall
coerce, intimidate, threaten, or interfere with, or retaliate against,
any person in the exercise or enjoyment of, on account of the person
having exercised or enjoyed, or on account of the person having aided
or encouraged any other person in the exercise or enjoyment of, any
rights or protections under this chapter, including--
``(1) intimidating or threatening any person because that
person is assisting or encouraging a person entitled to claim
the rights or protections under this chapter; and
``(2) retaliating against any person because that person
has participated in any investigation or action to enforce this
chapter.
``(c) Implementation.--The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce this
chapter consistent with, and in a manner that provides, the rights and
remedies provided for in title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.).''.
SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S HOME.
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, tenants,
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 monetary
or criminal penalties, fines, or fees;
``(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, tenants, 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) Implementation.--The Secretary of Housing and Urban
Development and the Attorney General shall implement and enforce this
chapter consistent with, and in a manner that provides, the same rights
and remedies as those provided for in title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.).
``(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, tenants,
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.''.
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 ``2023 through 2027'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2)(B), as so redesignated, 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.--The McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended--
(1) in section 103 (42 U.S.C. 11302), by amending
subsection (b) to read as follows:
``(b) Domestic Violence, Dating Violence, Sexual Assault, Stalking,
and Other Dangerous, Traumatic, or Life-threatening Conditions Relating
to Such Violence.--Notwithstanding any other provision of this section,
the Secretary shall consider to be homeless any individual or family
who--
``(1) is experiencing trauma or a lack of safety related
to, or fleeing or attempting to flee, domestic violence, dating
violence, sexual assault, stalking, or other dangerous,
traumatic, or life-threatening conditions related to the
violence against the individual or a family member in the
individual's or family's current housing situation, including
where the health and safety of children are jeopardized;
``(2) has no other safe residence; and
``(3) lacks the resources to obtain other safe permanent
housing.''; and
(2) in section 423(a) (42 U.S.C. 11383(a)), 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 ``2023 through 2027''.
(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)(1), 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 ``2023 through 2027''.
(d) VAWA Training and Technical Assistance Grants.--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 41415 the following:
``SEC. 41416. TRAINING AND TECHNICAL ASSISTANCE GRANTS.
``There is authorized to be appropriated to the Secretary of
Housing and Urban Development such sums as may be necessary for fiscal
years 2023 through 2027 to be used for training and technical
assistance to support the implementation of this chapter, including
technical assistance agreements with entities whose primary purpose and
expertise is assisting survivors of sexual assault and domestic
violence or providing culturally specific services to victims of
domestic violence, dating violence, sexual assault, and stalking.''.
SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE NEEDS OF SURVIVORS OF
TRAFFICKING AND INDIVIDUALS AT RISK FOR TRAFFICKING.
(a) Definitions.--In this section:
(1) Survivor of a severe form of trafficking.--The term
``survivor of a severe form of trafficking'' has the meaning
given the term ``victim of a severe form of trafficking'' in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102).
(2) Survivor of trafficking.--The term ``survivor of
trafficking'' has the meaning given the term ``victim of
trafficking'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(b) Study.--
(1) In general.--The Secretary of Housing and Urban
Development shall conduct a study assessing the availability
and accessibility of housing and services for individuals
experiencing homelessness or housing instability who are--
(A) survivors of trafficking, including survivors
of a severe form of trafficking; or
(B) at risk of being trafficked.
(2) Coordination and consultation.--In conducting the study
required under paragraph (1), the Secretary shall--
(A) coordinate with--
(i) the Interagency Task Force to Monitor
and Combat Trafficking established under
section 105 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103);
(ii) the United States Advisory Council on
Human Trafficking;
(iii) the Secretary of Health and Human
Services; and
(iv) the Attorney General; and
(B) consult with--
(i) the National Advisory Committee on the
Sex Trafficking of Children and Youth in the
United States;
(ii) survivors of trafficking;
(iii) direct service providers, including--
(I) organizations serving runaway
and homeless youth;
(II) organizations serving
survivors of trafficking through
community-based programs; and
(III) organizations providing
housing services to survivors of
trafficking; and
(iv) housing and homelessness assistance
providers, including recipients of grants
under--
(I) the Continuum of Care program
authorized under subtitle C of title IV
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et
seq.); and
(II) the Emergency Solutions Grants
program authorized under subtitle B of
title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et
seq.).
(3) Contents.--The study conducted pursuant to paragraph
(1) shall include--
(A) with respect to the individuals described in
such paragraph--
(i) an evaluation of formal assessments and
outreach methods used to identify and assess
the housing and service needs of such
individuals, including outreach methods--
(I) to ensure effective
communication with individuals with
disabilities; and
(II) to reach individuals with
limited English proficiency;
(ii) a review of the availability and
accessibility of homelessness or housing
services for such individuals, including the
family members of such individuals who are
minors involved in foster care systems, that
identifies the disability-related needs of such
individuals, including the need for housing
with accessibility features;
(iii) an analysis of the effect of any
policies and procedures of mainstream
homelessness or housing services that
facilitate or limit the availability of such
services and accessibility for such
individuals, including those such individuals
who are involved in the legal system, as such
services are in effect as of the date on which
the study is conducted;
(iv) a determination of the best practices
in meeting the housing and service needs of
such individuals; and
(v) an assessment of barriers to fair
housing and housing discrimination against
survivors of trafficking who are members of a
protected class under the Fair Housing Act (42
U.S.C. 3601 et seq.);
(B) an assessment of the ability of mainstream
homelessness or housing services to meet the
specialized needs of survivors of trafficking,
including trauma responsive approaches specific to
labor and sex trafficking survivors; and
(C) an evaluation of the effectiveness of, and
infrastructure considerations for, housing and service-
delivery models that are specific to survivors of
trafficking, including survivors of severe forms of
trafficking, including emergency rental assistance
models.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall--
(1) submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives that contains the
information described in subparagraphs (A) through (C) of
subsection (b)(3); and
(2) make the report submitted pursuant to paragraph (1)
available to the public.
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) 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.
(3) 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.
(4) 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.
(5) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner violence lose nearly
8,000,000 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.
(6) 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.
(7) 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
4 percent of employers provided training on domestic violence.
(8) Harassment is a persistent and significant problem in
the workplace in the United States, and the Equal Employment
Opportunity Commission found that not less than 25 percent, and
as many as 85 percent, of women surveyed report having
experienced sexual harassment at work.
(9) For decades, survivors of sexual violence have come
forward to seek justice and demand their right to be free from
violence, harassment, and other forms of discrimination. These
calls for change reached a tipping point after October 2017 as
a result of Tarana Burke's work and #MeToo going viral.
Thousands of courageous individuals, from Hollywood to the
halls of Congress and the military, to restaurants,
agricultural fields, and factory floors, shined a light on the
pervasive and insidious nature of workplace harassment and
sexual assault.
(10) Working people can be subjected to multiple forms of
harassment in the workplace at the same time.
(11) According to the Equal Employment Opportunity
Commission, approximately 3 out of 4 individuals who experience
harassment never talked to a supervisor, manager, or union
representative about the harassing conduct.
(12) The impact of domestic violence, dating violence,
sexual assault, and stalking on the workplace is a part of the
challenge of workplace harassment.
(13) 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.
(14) 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.
(15) 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 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.
(16) This title 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 Violence Against Women 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''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3) by striking ``and stalking''
and inserting ``stalking, and sexual harassment'';
(3) in subsection (c)(1), by inserting ``or sexual
harassment'' before the period at the end;
(4) in subsection (c)(2)(A), by inserting ``or sexual
harassment'' after ``sexual violence'';
(5) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(6) by inserting after subsection (d) the following:
``(e) Pathways to Opportunity Pilot Project.--An eligible nonprofit
nongovernmental entity or tribal organization that receives a grant
under this section may develop a plan to enhance the capacity of
survivors to obtain and maintain employment, including through the
implementation of a demonstration pilot program to be known as
`Pathways to Opportunity', which shall--
``(1) build 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
``(2) be centered around culturally specific organizations
or organizations that primarily serve populations traditionally
marginalized in the workplace.'';
(7) in subsection (f), as so redesignated, by striking
``$1,000,000 for each of fiscal years 2014 through 2018'' and
inserting ``$2,000,000 for each of fiscal years 2023 through
2027''.
SEC. 703. PROVISIONS RELATED TO THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
(a) TANF Personnel Training.--
(1) In general.--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, sexual assault, or stalking.--
``(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, sexual assault, or stalking;
``(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, sexual assault, and stalking;
``(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, sexual
assault, or stalking; and
``(III) methods of ascertaining and
ensuring the confidentiality of
personal information and documentation
related to applicants for assistance
and their children who have provided
notice about their experiences of
sexual harassment, domestic violence,
sexual assault, or stalking; 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, sexual
assault, or stalking 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' means
hostile, intimidating, or oppressive behavior
based on sex that creates an offensive work
environment;
``(ii) the term `domestic violence' has the
meaning given such term in paragraph (7); and
``(iii) the terms `sexual assault' and
`stalking' have the meanings given such terms
in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291).''.
(2) Implementation.--Not later than 1 year after the date
of enactment of this Act, each State shall submit the
certification required under paragraph (8) of subsection (a) of
section 402 of the Social Security Act (42 U.S.C. 602), as
added by paragraph (1), in the form of an amendment to the
State's plan submitted under such section. A State shall not be
regarded as failing to comply with the requirement of such
paragraph (8) before the date that is 1 year after the date of
enactment of this Act.
(b) National Grant Program for Developing a Model Training Program
for TANF Personnel Training.--
(1) Grants authorized.--
(A) Model training program.--The Secretary of
Health and Human Services (in this subsection referred
to as the ``Secretary'') shall--
(i) develop and disseminate a model
training program (and related materials) for
the training required under section 402(a)(8)
of the Social Security Act, and if the State so
elects, section 402(a)(7) of such Act; and
(ii) provide technical assistance with
respect to such model training program to
eligible States (as defined in section 402 of
the Social Security Act).
(B) Grants.--In developing the model training
program under subparagraph (A)(i), 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 $3,000,000 to carry out this section for
each of fiscal years 2023 through 2027.
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 Act, 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 title (including any
amendments made by this title) 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, health care 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 such 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 (including any amendments made by 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.
TITLE VIII--SAFETY FOR INDIAN WOMEN
Subtitle A--Tools to Enhance Public Safety for Indian Tribes
SEC. 801. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) American Indians and Alaska Natives are--
(A) 2.5 times as likely to experience violent
crimes; and
(B) at least 2 times more likely to experience rape
or sexual assault crimes;
(2) more than 4 in 5 American Indian and Alaska Native
women have experienced violence in their lifetime;
(3) the vast majority of American Indian and Alaska Native
victims of violence--96 percent of women victims and 89 percent
of male victims--have experienced sexual violence by a non-
Indian perpetrator at least once in their lifetime;
(4) Indian Tribes exercising special domestic violence
criminal jurisdiction over non-Indians pursuant to section 204
of Public Law 90-284 (25 U.S.C. 1304) (commonly known as the
``Indian Civil Rights Act of 1968''), restored by section 904
of the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4; 127 Stat. 120), have reported significant
success holding violent offenders accountable for crimes of
domestic violence, dating violence, and civil protection order
violations;
(5) Tribal prosecutors for Indian Tribes exercising special
domestic violence criminal jurisdiction report that the
majority of domestic violence cases involve children either as
witnesses or victims, and the Department of Justice reports
that American Indian and Alaska Native children suffer exposure
to violence at one of the highest rates in the United States;
(6) childhood exposure to violence can have 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;
(7) according to the Centers for Disease Control and
Prevention, homicide is--
(A) the third leading cause of death among American
Indian and Alaska Native women between 10 and 24 years
of age; and
(B) the fifth leading cause of death for American
Indian and Alaska Native women between 25 and 34 years
of age;
(8) in some areas of the United States, Native American
women are murdered at rates more than 10 times the national
average;
(9) according to a 2017 report by the Department of
Justice, 66 percent of criminal prosecutions for crimes in
Indian country that United States Attorneys declined to
prosecute involved assault, murder, or sexual assault;
(10) investigation into cases of missing or murdered
Indigenous women is made difficult for Tribal law enforcement
agencies due to a lack of resources, including a lack of--
(A) necessary personnel, training, equipment, or
funding;
(B) interagency cooperation;
(C) appropriate laws in place; and
(D) access to Federal law enforcement databases;
(11) domestic violence calls are among the most dangerous
calls that law enforcement receives;
(12) the complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant impact on public safety in
Indian communities;
(B) according to Tribal justice officials, has been
increasingly exploited by criminals; and
(C) requires a high degree of commitment and
cooperation among Tribal, Federal, and State law
enforcement officials;
(13) restoring and enhancing Tribal capacity to address
violence against women provides for greater local control,
safety, accountability, and transparency;
(14) Indian Tribes with restrictive settlement Acts, such
as Indian Tribes in the State of Maine, and Indian Tribes
located in States with concurrent authority to prosecute crimes
in Indian country under the amendments made by the Act of
August 15, 1953 (67 Stat. 590, chapter 506), face unique public
safety challenges; and
(15) 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 subtitle are--
(1) to clarify the responsibilities of Federal, State,
Tribal, and local law enforcement agencies with respect to
responding to cases of domestic violence, dating violence,
stalking, sex trafficking, sexual violence, crimes against
children, and assault against Tribal law enforcement officers;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies;
(3) to empower Tribal governments and Native American
communities, including urban Indian communities and Native
Hawaiian communities, with the resources and information
necessary to effectively respond to cases of domestic violence,
dating violence, stalking, sex trafficking, sexual violence,
and missing or murdered Native Americans; and
(4) to increase the collection of data related to missing
or murdered Native Americans and the sharing of information
among Federal, State, Tribal, and local officials responsible
for responding to and investigating crimes impacting Indian
Tribes and Native American communities, including urban Indian
communities and Native Hawaiian communities, especially crimes
relating to cases of missing or murdered Native Americans.
SEC. 802. TRIBAL ACCESS PROGRAM.
(a) Access to National Crime Information Databases by Indian
Tribes.--Section 233(b) of the Tribal Law and Order Act of 2010 (34
U.S.C. 41107) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The Attorney General shall ensure that--
``(A) tribal law enforcement officials that meet
applicable Federal or State requirements shall be
permitted access to national crime information
databases; and
``(B) technical assistance and training is provided
to Bureau of Indian Affairs and tribal law enforcement
agencies to gain access to, and the ability to use and
input information into, the National Crime Information
Center and other national crime information databases
pursuant to section 534 of title 28, United States
Code.''; and
(2) in paragraph (3), by striking ``with criminal
jurisdiction over Indian country''.
(b) Acquisition, Preservation, and Exchange of Identification
Records and Information.--Section 534(d) of title 28, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) in the matter preceding subparagraph (A) (as so
redesignated) by striking ``The Attorney General'' and
inserting the following:
``(1) In general.--The Attorney General''; and
(3) by adding at the end the following:
``(2) Tribal access program.--
``(A) In general.--The Attorney General shall
establish a program, to be known as the `Tribal Access
Program', to enhance the ability of tribal governments
and their authorized agencies to access, enter
information into, and obtain information from national
criminal information databases under this section.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out the Tribal
Access Program under subparagraph (A) $6,000,000 for
each of fiscal years 2023 through 2027, to remain
available until expended.
``(3) Information sharing.--To the extent otherwise
permitted by law, any report issued as a result of the analysis
of information entered into national criminal information
databases or obtained from Federal criminal databases shall be
shared with each Indian tribe of jurisdiction, including Indian
tribes located in the State of Maine.''.
(c) Identification Records.--The second paragraph of the matter
under the heading ``salaries and expenses'' under the heading ``Federal
Bureau of Investigation'' of the Department of Justice Appropriation
Act, 1973 (34 U.S.C. 41101) is amended--
(1) by inserting ``or Tribal'' after ``if authorized by
State''; and
(2) by inserting ``, Tribal,'' before ``and local
governments''.
SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.
Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C.
1302 note; Public Law 111-211) is amended--
(1) in the subsection heading, by striking ``Pilot'';
(2) by striking ``pilot'' each place it appears;
(3) in paragraph (1), by striking ``Not later than 120 days
after the date of enactment of this title'' and inserting ``Not
later than 120 days after the date of enactment of the Violence
Against Women Act Reauthorization Act of 2022'';
(4) in paragraph (2)(B), by striking ``2 or more years''
and inserting ``1 or more years''; and
(5) by striking paragraphs (5) and (6).
SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.
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 section heading, by striking ``crimes of
domestic violence'' and inserting ``covered crimes'';
(2) by striking ``special domestic violence criminal
jurisdiction'' each place it appears and inserting ``special
Tribal criminal jurisdiction'';
(3) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (6), (7), (8), (10),
(11), (14), and (15), respectively;
(B) by inserting before paragraph (6) (as so
redesignated) the following:
``(1) Assault of tribal justice personnel.--The term
`assault of Tribal justice personnel' means any violation of
the criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that involves the
use, attempted use, or threatened use of physical force against
an individual authorized to act for, or on behalf of, that
Indian tribe or serving that Indian tribe during, or because
of, the performance or duties of that individual in--
``(A) preventing, detecting, investigating, making
arrests relating to, making apprehensions for, or
prosecuting a covered crime;
``(B) adjudicating, participating in the
adjudication of, or supporting the adjudication of a
covered crime;
``(C) detaining, providing supervision for, or
providing services for persons charged with a covered
crime; or
``(D) incarcerating, supervising, providing
treatment for, providing rehabilitation services for,
or providing reentry services for persons convicted of
a covered crime.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; and
``(B) except in the case of sexual abuse, the age
specified by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the
violation occurs.
``(3) Child violence.--The term `child violence' means the
use, threatened use, or attempted use of violence against a
child proscribed by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the violation
occurs.
``(4) Coercion; commercial sex act.--The terms `coercion'
and `commercial sex act' have the meanings given the terms in
section 1591(e) of title 18, United States Code.
``(5) Covered crime.--The term `covered crime' means--
``(A) assault of Tribal justice personnel;
``(B) child violence;
``(C) dating violence;
``(D) domestic violence;
``(E) obstruction of justice;
``(F) sexual violence;
``(G) sex trafficking;
``(H) stalking; and
``(I) a violation of a protection order.'';
(C) in paragraph (6) (as so redesignated), by
striking ``violence committed'' and inserting ``any
violation of the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the
violation occurs that is committed'';
(D) by striking paragraph (7) (as so redesignated)
and inserting the following:
``(7) Domestic violence.--The term `domestic violence'
means any violation of the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs that is committed by--
``(A) a current or former spouse or intimate
partner of the victim;
``(B) a person with whom the victim shares a child
in common;
``(C) a person who is cohabitating with or who has
cohabitated with the victim as a spouse or intimate
partner; or
``(D) a person similarly situated to a spouse of
the victim under the domestic- or family-violence laws
of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs.'';
(E) by inserting after paragraph (8) (as so
redesignated) the following:
``(9) 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 that involves interfering with the
administration or due process of the laws of the Indian tribe,
including any Tribal criminal proceeding or investigation of a
crime.'';
(F) by inserting after paragraph (11) (as so
redesignated) the following:
``(12) Sex trafficking.--The term `sex trafficking' means
conduct within the meaning of section 1591(a) of title 18,
United States Code.
``(13) 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.'';
(G) in paragraph (14) (as so redesignated), in the
paragraph heading, by striking ``Special domestic
violence criminal jurisdiction'' and inserting
``Special tribal criminal jurisdiction''; and
(H) by adding at the end the following:
``(16) 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--
``(A) to fear for the person's safety or the safety
of others; or
``(B) to suffer substantial emotional distress.
``(17) Violation of a protection order.--The term
`violation of a protection order' means an act that--
``(A) occurs in the Indian country of a
participating tribe; and
``(B) violates a provision of a protection order
that--
``(i) prohibits or provides protection
against violent or threatening acts or
harassment against, sexual violence against,
contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.'';
(4) 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,'';
(5) in subsection (b)(4)--
(A) in the paragraph heading, by striking
``Exceptions'' and inserting ``Exception if victim and
defendant are both non-indians'';
(B) in subparagraph (A)(i), by inserting ``, other
than obstruction of justice or assault of Tribal
justice personnel,'' after ``over an alleged offense'';
(C) by striking subparagraph (B);
(D) in subparagraph (A)--
(i) by striking the subparagraph
designation and heading and all that follows
through ``A participating'' in clause (i) and
inserting the following:
``(A) In general.--A participating''; and
(ii) by redesignating clause (ii) as
subparagraph (B) and indenting appropriately;
and
(E) in subparagraph (B) (as so redesignated), by
striking ``subparagraph'' and inserting ``paragraph'';
(6) by striking subsection (c) and inserting the following:
``(c) Criminal Conduct.--A participating tribe may exercise special
Tribal criminal jurisdiction over a defendant for a covered crime that
occurs in the Indian country of the participating tribe.'';
(7) in subsection (e), by striking paragraph (3); and
(8) by striking subsections (f), (g), and (h) and inserting
the following:
``(f) Petitions for Writs of Habeas Corpus.--
``(1) In general.--After a defendant has been sentenced by
a participating tribe, the defendant may file a petition for a
writ of habeas corpus in a court of the United States under
section 203.
``(2) Requirement.--An application for a writ of habeas
corpus on behalf of a person in custody pursuant to an order of
a Tribal court shall not be granted unless --
``(A) the applicant has exhausted the remedies
available in the Tribal court system;
``(B) there is an absence of an available Tribal
corrective process; or
``(C) circumstances exist that render the Tribal
corrective process ineffective to protect the rights of
the applicant.
``(g) Notice; Habeas Corpus Petitions.--A participating tribe that
has ordered the detention of any person has a duty to timely notify in
writing such person of their rights and privileges under this section
and under section 203.
``(h) Reimbursement and Grants to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General may
reimburse Tribal government authorities (or an
authorized designee of a Tribal government) for
expenses incurred in exercising special Tribal criminal
jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement under subparagraph (A) shall include
expenses and costs incurred in, relating to, or
associated with--
``(i) investigating, making arrests
relating to, making apprehensions for, or
prosecuting covered crimes (including costs
involving the purchasing, collecting, and
processing of sexual assault forensic
materials);
``(ii) detaining, providing supervision of,
or providing services for persons charged with
covered crimes (including costs associated with
providing health care);
``(iii) providing indigent defense services
for 1 or more persons charged with 1 or more
covered crimes; and
``(iv) incarcerating, supervising, or
providing treatment, rehabilitation, or reentry
services for 1 or more persons charged with 1
or more covered crimes.
``(C) Procedure.--
``(i) In general.--Reimbursements
authorized under subparagraph (A) 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 the Violence Against Women Act
Reauthorization Act of 2022.
``(ii) Maximum reimbursement.--The rules
promulgated by the Attorney General under
clause (i)--
``(I) shall set a maximum allowable
reimbursement to any Tribal government
(or an authorized designee of any
Tribal government) in a 1-year period;
and
``(II) may allow the Attorney
General--
``(aa) to establish
conditions under which a Tribal
government (or an authorized
designee of a Tribal
government) may seek a waiver
to the maximum allowable
reimbursement requirement
established under subclause
(I); and
``(bb) to waive the maximum
allowable reimbursement
requirements established under
subclause (I) for a Tribal
government (or an authorized
designee of a Tribal
government) if the conditions
established by the Attorney
General under item (aa) are met
by that Tribal government (or
authorized designee).
``(iii) Timeliness of reimbursements.--To
the maximum extent practicable, the Attorney
General shall--
``(I) not later than 90 days after
the date on which the Attorney General
receives a qualifying reimbursement
request from a Tribal government (or an
authorized designee of a Tribal
government)--
``(aa) reimburse the Tribal
government (or authorized
designee); or
``(bb) notify the Tribal
government (or authorized
designee) of the reason by
which the Attorney General was
unable to issue the
reimbursement; and
``(II) not later than 30 days after
the date on which a Tribal government
(or an authorized designee of a Tribal
government) reaches the annual maximum
allowable reimbursement for the Tribal
government (or an authorized designee)
established by the Attorney General
under clause (ii)(I), notify the Tribal
government (or authorized designee)
that the Tribal government has reached
its annual maximum allowable
reimbursement.
``(D) Eligibility for participating tribes in
alaska.--A Tribal government (or an authorized designee
of a Tribal Government) of an Indian tribe designated
as a participating Tribe under subtitle B of title VIII
of the Violence Against Women Act Reauthorization Act
of 2022 shall be eligible for reimbursement, in
accordance with this paragraph, of expenses incurred in
exercising special Tribal criminal jurisdiction under
that subtitle.
``(2) Grants.--The Attorney General may award grants to
Tribal governments (or authorized designees of Tribal
governments), including a Tribal government (or an authorized
designee of a Tribal government) of an Indian tribe designated
as a participating Tribe under subtitle B of title VIII of the
Violence Against Women Act Reauthorization Act of 2022--
``(A) to strengthen Tribal criminal justice systems
to assist Indian tribes in exercising special Tribal
criminal jurisdiction, including for--
``(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 an Indian tribe as
responsible for maintaining public safety
within the territorial jurisdiction of the
Indian tribe, to enter information into and
obtain information from national crime
information databases);
``(ii) prosecution;
``(iii) trial and appellate courts
(including facilities maintenance, renovation,
and rehabilitation);
``(iv) supervision systems;
``(v) detention and corrections (including
facilities maintenance, renovation, and
rehabilitation);
``(vi) treatment, rehabilitation, and
reentry programs and services;
``(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
licensed defense counsel, at no cost to the defendant,
in criminal proceedings in which a participating tribe
prosecutes covered crimes;
``(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; and
``(D) to accord victims of covered crimes rights
that are similar to the rights of a crime victim
described in section 3771(a) of title 18, United States
Code, consistent with Tribal law and custom.
``(i) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State, or
local government amounts made available to carry out activities
described in this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$25,000,000 for each of fiscal years 2023 through 2027--
``(A) to carry out subsection (h); and
``(B) to provide training, technical assistance,
data collection, and evaluation of the criminal justice
systems of participating tribes.
``(2) Limitations.--Of the total amount made available
under paragraph (1) for each fiscal year, not more than 40
percent shall be used for reimbursements under subsection
(h)(1).''.
Subtitle B--Alaska Tribal Public Safety Empowerment
SEC. 811. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) according to the report of the Indian Law and Order
Commission established by section 15 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women--
(A) are overrepresented in the domestic violence
victim population by 250 percent;
(B) in the State of Alaska, comprise--
(i) 19 percent of the population of the
State; but
(ii) 47 percent of reported rape victims in
the State; and
(C) as compared to the populations of other Indian
Tribes, suffer the highest rates of domestic and sexual
violence;
(2) most Alaska Native villages are located in remote areas
that--
(A) are often inaccessible by road; and
(B) have no local law enforcement presence;
(3) the Commission referred to in paragraph (1)--
(A) determined that the Alaska Department of Public
Safety--
(i) has primary responsibility for law
enforcement in rural Alaska; but
(ii) provides only 1 to 1.4 field officers
per 1,000,000 acres; and
(B) recommended that ``devolving authority to
Alaska Native communities is essential for addressing
local crime. Their governments are best positioned to
effectively arrest, prosecute, and punish, and they
should have the authority to do so-or to work out
voluntary agreements with each other, and with local
governments and the State on mutually beneficial
terms''; and
(4) the unique legal relationship of the United States to
Indian Tribes creates a Federal trust responsibility to assist
Tribal governments in safeguarding the lives of Indian women.
(b) Purposes.--The purposes of this subtitle are--
(1) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies; and
(2) to empower Indian Tribes to effectively respond to
cases of domestic violence, dating violence, stalking, sex
trafficking, sexual violence, and missing or murdered Alaska
Natives through the exercise of special Tribal criminal
jurisdiction.
SEC. 812. DEFINITIONS.
In this subtitle:
(1) Assault of tribal justice personnel; covered crime;
obstruction of justice; protection order; violation of a
protection order.--
(A) In general.--The terms ``assault of Tribal
justice personnel'', ``covered crime'', ``obstruction
of justice'', ``protection order'', and ``violation of
a protection order'' have the meanings given the terms
in section 204(a) of Public Law 90-284 (25 U.S.C.
1304(a)) (commonly known as the ``Indian Civil Rights
Act of 1968'').
(B) Application.--For purposes of the application
of the definitions of ``assault of Tribal justice
personnel'', ``obstruction of justice'', and
``violation of a protection order'', and for purposes
of the application of the defined terms contained in
the definition of ``covered crime'', under section
204(a) of Public Law 90-284 (25 U.S.C. 1304(a))
(commonly known as the ``Indian Civil Rights Act of
1968'') to the pilot program, the Attorney General
shall modify any reference to ``Indian country'' to
mean the Village of a participating Tribe.
(2) Indian; indian court; indian tribe; powers of self-
government.--The terms ``Indian'', ``Indian court'', ``Indian
tribe'', and ``powers of self-government'' have the meanings
given the terms in section 201 of Public Law 90-284 (25 U.S.C.
1301) (commonly known as the ``Indian Civil Rights Act of
1968'').
(3) Participating tribe.-- The term ``participating Tribe''
means an Indian tribe that is designated under section
813(d)(1) as a participating Tribe to exercise special Tribal
criminal jurisdiction.
(4) Pilot program.--The term ``pilot program'' means the
pilot program established by section 813(d)(1).
(5) Special tribal criminal jurisdiction.--The term
``special Tribal criminal jurisdiction'' means the criminal
jurisdiction that a participating Tribe may exercise under this
subtitle but could not otherwise exercise.
(6) State.--The term ``State'' means the State of Alaska.
(7) Village.--The term ``Village'' means the Alaska Native
Village Statistical Area covering all or any portion of a
Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)), as depicted on the
applicable Tribal Statistical Area Program Verification map of
the Bureau of the Census.
SEC. 813. TRIBAL JURISDICTION IN ALASKA.
(a) In General.--Subject to title II of Public Law 90-284 (25
U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act
of 1968''), Congress recognizes and affirms the inherent authority of
any Indian tribe occupying a Village in the State to exercise criminal
and civil jurisdiction over all Indians present in the Village.
(b) Tribal Civil Jurisdiction to Enforce Protection Orders.--
(1) In general.--A court of any Indian tribe in the State
shall have full civil jurisdiction to issue and enforce
protection orders involving any person in matters--
(A) arising within the Village of the Indian tribe;
or
(B) otherwise within the authority of the Indian
tribe.
(2) Inclusions.--The full civil jurisdiction to issue and
enforce protection orders under paragraph (1) includes the
authority to enforce protection orders through--
(A) civil contempt proceedings;
(B) exclusion of violators from the Village of the
Indian tribe; and
(C) other appropriate mechanisms.
(c) Special Tribal Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed under subsection (a), the powers of self-
government of a participating Tribe include the inherent power
of the participating Tribe, which is hereby recognized and
affirmed, to exercise special Tribal criminal jurisdiction over
a defendant for a covered crime that occurs in the Village of
the participating Tribe.
(2) Concurrent jurisdiction.--The exercise of special
Tribal criminal jurisdiction by a participating Tribe shall be
concurrent with the jurisdiction of the United States, the
State, or both.
(3) Exception if victim and defendant are both non-
indians.--
(A) In general.--A participating Tribe may not
exercise special Tribal criminal jurisdiction over an
alleged offense of a covered crime, other than
obstruction of justice or assault of Tribal justice
personnel, if neither the defendant nor the alleged
victim is an Indian.
(B) Definition of victim.--In this paragraph and
with respect to a criminal proceeding in which a
participating Tribe exercises special Tribal criminal
jurisdiction based on a violation of a protection
order, the term ``victim'' means a person specifically
protected by the protection order that the defendant
allegedly violated.
(d) Pilot Program for Special Tribal Criminal Jurisdiction Over
Persons Who Are Not Indians.--
(1) Establishment.--Subject to title II of Public Law 90-
284 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian
Civil Rights Act of 1968''), there is established a pilot
program under which the Attorney General, subject to paragraph
(5), shall designate not more than 5 Indian tribes per calendar
year as participating Tribes to exercise the special Tribal
criminal jurisdiction described in paragraph (6) over all
persons present in the Village of the Indian tribe.
(2) Procedure.--At any time during the 1-year period
beginning on the date of enactment of this Act, and annually
thereafter, an Indian tribe may request the Attorney General to
designate the Indian tribe as a participating Tribe under
paragraph (1).
(3) Designation of participating tribes.--
(A) In general.--The Attorney General, in
consultation with the Secretary of the Interior and
affected Indian tribes, shall establish a process to
designate Indian tribes to participate in the pilot
program, which process shall--
(i) require that preference shall be given
to Indian tribes occupying Villages--
(I) the populations of which are
predominantly Indian; or
(II) that lack a permanent State
law enforcement physical presence;
(ii) require that for each Indian tribe
requesting to be designated as a participating
Tribe, the Attorney General makes a
determination that the criminal justice system
of the Indian tribe has adequate safeguards in
place to protect defendants' rights, consistent
with section 204(d) of Public Law 90-284 (25
U.S.C. 1304(d)) (commonly known as the ``Indian
Civil Rights Act of 1968''); and
(iii) be subject to such other criteria as
the Attorney General considers to be
appropriate to achieve the purposes of this
subtitle.
(B) Designation.--The Attorney General shall
designate Indian tribes to participate in the pilot
program under paragraph (1) using the process
established under subparagraph (A).
(4) Intertribal participation.--
(A) In general.--2 or more participating Tribes (or
the Tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) of the participating Tribe, if the
Tribal organization is exercising delegated authority
from the participating Tribe)--
(i) may elect to participate jointly in the
pilot program by providing shared resources to
carry out the purposes of the pilot program;
and
(ii) on making an election pursuant to
clause (i), shall be considered to be a single
participating Tribe for purposes of the maximum
number of participating Tribes under paragraphs
(1) and (5).
(B) Additional participating tribes.--
(i) In general.--Additional participating
Tribes may elect to join an established
intertribal partnership under subparagraph (A)
at any time after the intertribal partnership
is established.
(ii) Application.--An intertribal
partnership that additional participating
Tribes elect to join pursuant to clause (i)
shall be considered to be a single
participating Tribe for purposes of the maximum
number of participating Tribes under paragraphs
(1) and (5).
(5) Maximum number of participating tribes.--
(A) In general.--Except as provided in subparagraph
(B), the Attorney General may designate not more than
30 Indian tribes to participate in the pilot program.
(B) Exception.--The limitation under subparagraph
(A) shall not apply if the Attorney General submits to
the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of
Representatives, and publishes in the Federal Register,
a written notice of the intention to designate
additional Indian tribes as participating Tribes,
including the rationale for the designation, by not
later than the date that is 180 days before the date of
designation.
(6) Description of jurisdiction.--Congress recognizes and
affirms that an Indian tribe selected to participate in the
pilot program as a participating Tribe may exercise, subject to
paragraph (7), special Tribal criminal jurisdiction with
respect to covered crimes.
(7) Rights of defendants.--In exercising special Tribal
criminal jurisdiction under the pilot program, a participating
Tribe shall provide to each defendant all rights described in
section 204(d) of Public Law 90-284 (25 U.S.C. 1304(d))
(commonly known as the ``Indian Civil Rights Act of 1968'').
(e) Sentences.--In a criminal proceeding in which an Indian court
of a participating Tribe, in exercising special Tribal criminal
jurisdiction with respect to a covered crime, imposes a sentence of
imprisonment of more than 1 year on a defendant pursuant to section
202(b) of Public Law 90-284 (25 U.S.C. 1302(b)) (commonly known as the
``Indian Civil Rights Act of 1968''), the Indian court may require the
defendant--
(1) to serve a sentence--
(A) in a Tribal correctional center that has been
approved by the Bureau of Indian Affairs for long-term
incarceration, in accordance with guidelines set by the
Bureau of Indian Affairs;
(B) at the expense of the United States, in the
nearest appropriate Federal facility pursuant to the
Bureau of Prisons Tribal Prisoner Program established
under section 234(c)(1) of the Tribal Law and Order Act
of 2010 (25 U.S.C. 1302 note; Public Law 111-211); or
(C) at the expense of the participating Tribe and,
subject to section 204(f)(1) of Public Law 90-284 (25
U.S.C. 1304(f)(1)) (commonly known as the ``Indian
Civil Rights Act of 1968''), reimbursable by the
Attorney General, in a detention or correctional center
approved by the State or a local government of the
State pursuant to a memorandum of agreement between the
participating Tribe and the State or local government
of the State; or
(2) to serve another alternative form of punishment, as
determined by the Indian court pursuant to Tribal law.
(f) Memoranda of Agreement.--The Attorney General and the Secretary
of the Interior may enter into such memoranda of agreement with
participating Tribes and the State as are necessary and appropriate--
(1) to coordinate respective law enforcement activities;
(2) to share equipment and other resources;
(3) to establish cross-deputization arrangements;
(4) to coordinate appropriate training activities; and
(5) to address any other matters that will facilitate the
successful implementation of the pilot program, including
intergovernmental agreements regarding--
(A) the incarceration of convicted persons; and
(B) cooperation in the investigation and
prosecution of crimes.
(g) Alaska Tribal Public Safety Advisory Committee.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of the Interior, affected Indian tribes, and
the State, shall establish a committee, to be known as the
``Alaska Tribal Public Safety Advisory Committee'' (referred to
in this subsection as the ``Committee'').
(2) Membership.--The Committee shall consist of 1 or more
representatives from--
(A) participating Tribes and Indian tribes aspiring
to participate in the pilot program;
(B) Federal, Tribal, State, and local law
enforcement; and
(C) Tribal nonprofit organizations providing victim
services.
(3) Duties.--The Committee shall focus on--
(A) improving the justice systems, crime
prevention, and victim services of Indian tribes and
the State; and
(B) increasing coordination and communication among
Federal, Tribal, State, and local law enforcement
agencies.
(4) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Committee.
(5) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Committee.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
may be necessary for the period of fiscal years 2023 through
2027, to remain available until expended.
(h) Report to Congress.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of the Interior and affected Indian tribes, shall submit to
Congress a report describing the results of the pilot program,
including an explanation of any modifications to law necessary to
facilitate improved law enforcement in Villages.
(i) Applicability.--Nothing in this subtitle--
(1) limits, alters, expands, or diminishes the civil or
criminal jurisdiction of the United States, the State, any
subdivision of the State, or any Indian tribe in the State;
(2) creates or eliminates any Federal or State criminal
jurisdiction over a Village; or
(3) affects the authority of the United States or any
authority delegated by the United States to the State to
investigate and prosecute a criminal violation in a Village.
TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN
SEC. 901. 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 the section heading, by striking ``violence against
women office'' and inserting ``office on violence against
women'';
(2) in subsection (a), by striking ``a Violence Against
Women Office'' and inserting ``an Office on Violence Against
Women'';
(3) in subsection (b), by inserting ``, not subsumed by any
other office'' after ``within the Department of Justice''; and
(4) in subsection (c)(2), by striking ``authorized or
undertaken under the'' and that follows and inserting
``authorized or undertaken under--
``(A) the Violence Against Women Act of 1994 (title
IV of Public Law 103-322);
``(B) the Violence Against Women Act of 2000
(division B of Public Law 106-386);
``(C) the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-
162; 119 Stat. 2960);
``(D) the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4; 127 Stat. 54); and
``(E) the Violence Against Women Act
Reauthorization Act of 2022.''.
(b) Director of the Office on Violence Against Women.--Section 2003
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10443) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against
women'';
(2) in subsection (a)--
(A) by striking ``the Violence Against Women
Office'' and inserting ``the Office on Violence Against
Women''; and
(B) by striking ``in this title referred to'' and
inserting ``in this part referred to'';
(3) in subsection (b)(2)--
(A) by striking ``or the Violence'' and inserting
``, the Violence''; and
(B) by striking the period at the end and inserting
``, the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-
162; 119 Stat. 2960), the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4; 127
Stat. 54), or the Violence Against Women Act
Reauthorization Act of 2022.''.
(c) Duties and Functions of Director of the Office on Violence
Against Women.--Section 2004 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10444) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against
women'';
(2) in paragraph (5), in the matter preceding subparagraph
(A)--
(A) by striking ``and the Violence'' and inserting
``, the Violence''; and
(B) by striking ``, including with'' and inserting
``, the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-
162; 119 Stat. 2960), the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4; 127
Stat. 54), and the Violence Against Women Act
Reauthorization Act of 2022, including with''; and
(3) in paragraph (6)(B), by inserting ``synchronize Federal
definitions and protocols,'' before ``and improve
coordination''.
(d) Staff of Office on Violence Against Women.--Section 2005 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10445) is amended in the section heading, by striking ``violence
against women office'' and inserting ``office on violence against
women''.
(e) Conforming Amendment.--Section 121(a)(1) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (34
U.S.C. 20124(a)(1)) is amended by striking ``the Violence Against Women
Office'' and inserting ``the Office on Violence Against Women''.
SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC COMMUNITIES OF
THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C.
10441 et seq.), as amended by section 101, is further amended by adding
at the end the following:
``SEC. 2018. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC COMMUNITIES.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Senior Policy Advisor for Culturally Specific
Communities.
``(b) Duties.--The Senior Policy Advisor for Culturally Specific
Communities, under the guidance and authority of the Director, shall--
``(1) advise on 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 on 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 with expertise in culturally
specific communities, is made available to grantees and
potential grantees proposing to serve culturally specific
communities;
``(6) ensure access to grants and technical assistance for
culturally specific organizations; and
``(7) analyze the distribution of grant funding in order to
identify barriers for culturally specific organizations.
``(c) Qualifications.--Not later than 120 days after the date of
enactment of this section, the Director shall hire for the position
established under subsection (a) an individual with personal, lived,
and work experience from a culturally specific community, and a
demonstrated history and expertise addressing domestic violence or
sexual assault in a nongovernmental agency.''.
TITLE X--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
SEC. 1001. 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) Amendment.--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 12-
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) is victim or witness of a crime;
``(D) has filed a nonfrivolous civil rights claim
in Federal or State court; or
``(E) 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, consider
placing the prisoner as close to the children as
possible; and
``(B) 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 paragraph (1) in a segregated housing unit shall be limited
and temporary.
``(d) Intake and Assessments.--The Director shall assess the need
for 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
(42 U.S.C. 2000d et seq.).
``(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 may have 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 health care professional for diagnosis and 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.
``(4) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301 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 progress 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. 1002. HEALTH AND SAFETY OF PREGNANT WOMEN AND MOTHERS.
(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
enactment of this Act, the Director of the 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.
(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 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) utilize a female offender risk and needs assessment to
encourage a more effective and efficient Federal prison system;
(4) utilize a validated post-sentencing risk and needs
assessment system that relies on dynamic factors to provide
Federal prison officials with information regarding needs of
Federal pregnant offenders 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 parenting
programming 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) the Director of the Administrative Office of
the United States Courts;
(B) the Director of the Office of Probation and
Pretrial Services; and
(C) the Director of the National Institute of
Justice.
(2) Duties.--The Director shall, in accordance with
paragraph (3), and in addition to the mandates under section
3631 of title 18, United States Code--
(A) evaluate the female offender risk and needs
assessment for its ability to address the particular
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 for
female offenders with a particular emphasis on
how those tools address the health and
sensitivities of federally incarcerated
pregnant women and mothers;
(ii) potential improvements to risk and
needs assessment tools for female offenders to
address the health and sensitivities of
federally incarcerated pregnant women and
mothers; and
(iii) 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 any findings
related to evaluations conducted 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 to female offender risk and needs
assessment systems, 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 (h).
(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
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 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; or
(B) the date the infant fails to meet any medical
criteria established by the Director.
(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 recommended educational or
counseling opportunities, 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; and
(D) 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
enactment of this Act, and once each year thereafter for 5
years, the Director shall submit a progress report to the
Congress with regards to 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.
SEC. 1003. 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 Institute 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;
(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 and their experience of domestic violence,
dating violence, sexual assault, or stalking; and
(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. 1004. REENTRY PLANNING AND SERVICES FOR INCARCERATED WOMEN.
(a) In General.--The Attorney General, in coordination with the
Director of the Office of Probation and Pretrial Services and the
Director of the Bureau of Prisons (including the 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.
(b) Required Consultation.--In developing the model required under
subsection (a), the Attorney General shall consult with such experts
within the Federal government (including the Office on Violence Against
Women of the Department of Justice), within Indian Tribes (as defined
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined
in section 6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517)), 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.
(c) Contents.--The model required under subsection (a) shall
address, at a minimum--
(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--
(i) including incarcerated mothers, their
children, and their caregivers to create family
reentry planning and programming; and
(ii) informing reentry information to
visiting families.
SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.
To carry out this title, there are authorized to be appropriated
$8,000,000 for each of fiscal years 2023 through 2027.
TITLE XI--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
SEC. 1101. NICS DENIAL NOTIFICATION ACT OF 2022.
(a) Short Title.--This section may be cited as the ``NICS Denial
Notification Act of 2022''.
(b) Amendment.--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 or Tribal
authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) (commonly referred to as
`NICS') provides a notice pursuant to section 922(t) that the receipt
of a firearm by a person would violate subsection (g) or (n) of section
922 or State or Tribal law, the Attorney General shall, in accordance
with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State or Tribe where the person sought to acquire the firearm
and, if different, the law enforcement authorities of the State
or Tribe of residence of the person--
``(A) that the notice was provided;
``(B) the specific provision of law that would have
been violated;
``(C) the date and time the notice was provided;
``(D) the location where the firearm was sought to
be acquired; and
``(E) the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors or
Tribal 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) Amendment of Report.--If a report is made in accordance with
this subsection and, after such report is made, the Federal Bureau of
Investigation or the Bureau of Alcohol, Tobacco, Firearms, and
Explosives determines that the receipt of a firearm by a person for
whom the report was made would not violate subsection (g) or (n) of
section 922 or State or Tribal law, the Attorney General shall, in
accordance with subsection (b), notify any law enforcement authority
and any prosecutor to whom the report was made of that determination.
``(d) 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 or Tribal authorities that originally issued the notice
with respect to the person.''.
(c) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended by inserting after the item
relating to section 925A the following:
``925B. Reporting of background check denials to State authorities.''.
SEC. 1102. ANNUAL REPORT TO CONGRESS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 1101, is amended by inserting after section 925B the
following:
``Sec. 925C. Annual report to Congress
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall submit to
Congress a report detailing the following, broken down by Federal
judicial district:
``(1) With respect to each category of persons prohibited
by subsection (g) or (n) of section 922 or State or Tribal law
from receiving or possessing a firearm who are so denied a
firearm--
``(A) the number of denials;
``(B) the number of denials referred to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives;
``(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines
that the person denied was not prohibited by subsection
(g) or (n) of section 922 or State law from receiving
or possessing a firearm;
``(D) the number of denials overturned through the
national instant criminal background check system
appeals process and the reasons for overturning the
denials;
``(E) the number of denials with respect to which
an investigation was opened by a field division of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives;
``(F) the number of persons charged with a Federal
criminal offense in connection with a denial; and
``(G) the number of convictions obtained by Federal
authorities in connection with a denial.
``(2) The number of background check notices reported to
State or Tribal authorities pursuant to section 925B (including
the number of the notices that would have been so reported but
for section 925B(c)).''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, as amended by section 1101, is amended by
inserting after the item relating to section 925B the following:
``925C. Annual report to Congress.''.
SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED
ATTORNEYS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 1102, is further amended by inserting after section
925C the following:
``Sec. 925D. Special assistant U.S. attorneys and cross-deputized
attorneys
``(a) In General.--In order to improve the enforcement of
paragraphs (8) and (9) 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; and
``(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.
``(b) Improve Intimate Partner and Public Safety.--The Attorney
General shall--
``(1) identify not fewer 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) and (9) of section 922(g) and where local authorities lack
the resources to address such violence;
``(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; 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.
``(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 chapter 44 of
title 18, United States Code, as amended by this Act, is further
amended by inserting after the item relating to section 925C the
following:
``925D. Special assistant U.S. attorneys and cross-deputized
attorneys.''.
SEC. 1104. REVIEW ON CRIMINAL OFFENSES AFFECTING NATIVE HAWAIIANS.
(a) Native Hawaiian Defined.--In this section, the term ``Native
Hawaiian'' has the meaning given the term in section 801 of the Native
American Housing Assistance and Self-Determination Act (25 U.S.C.
4221).
(b) Review of Relevant Federal Crime Prevention, Victim Service,
and Criminal Justice Programs Serving Native Hawaiians.--
(1) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall submit a
report to Congress containing the following:
(A) The results and findings of the comprehensive
review required to be conducted under paragraph (2).
(B) The amount of Federal funding received by
Native Hawaiian-serving organizations from relevant
Federal programs, including the percentage of each such
amount of funding received by Native Hawaiian-serving
organizations relative to the total amount of funding
dispersed for each relevant Federal program.
(C) Recommendations and legislative proposals to--
(i) improve how relevant Federal programs
address the needs of Native Hawaiians;
(ii) improve responses to and investigation
of incidences of missing or murdered Native
Hawaiians;
(iii) reduce the likelihood that a Native
Hawaiian may become involved in the criminal
justice system; and
(iv) address any other relevant matters
deemed necessary by the Attorney General.
(2) Comprehensive review.--The Attorney General shall
conduct a comprehensive review of relevant Federal programs.
(3) Relevant federal program.--In this subsection, the term
``relevant Federal program'' means any--
(A) law enforcement or other crime prevention
program 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;
(B) any program 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; and
(C) any criminal justice system program or service
available to and used by Native Hawaiians in various
jurisdictions, including diversion programs, in-prison
education programs, and reentry services.
(c) Report on Native Hawaiians in the Criminal Justice System.--
(1) In general.--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 prepare a report on the
interaction of Native Hawaiians with the criminal justice
system.
(2) Contents of report.--The report required under this
subsection shall include--
(A) known statistics related to the percentage of
persons who are Native Hawaiians out of the total of--
(i) all persons arrested;
(ii) all persons detained in Federal,
State, and local jails;
(iii) all persons subject to pretrial
supervision;
(iv) all persons subject to post-conviction
supervision;
(v) all persons incarcerated in Federal and
State prisons; and
(vi) all persons subject to post-release
supervision;
(B) an explanation of why the statistics described
in subparagraph (A) may not be comprehensive;
(C) recommendations on how data collection related
to the statistics described in subparagraph (A) could
be improved;
(D) a description of any culturally relevant
programs available to Native Hawaiians who interact
with the Federal criminal justice system; and
(E) a summary of any available data on the number
of Native Hawaiians who are incarcerated and placed in
Federal and private correctional facilities more than
200 miles from their place of residence.
TITLE XII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Closing the Law Enforcement
Consent Loophole Act of 2022''.
SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES INVOLVING SEXUAL
MISCONDUCT.
(a) Amendment.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 250. Penalties for civil rights offenses involving sexual
misconduct
``(a) Offense.--It shall be unlawful for any person to, in the
course of committing an offense under this chapter or under section 901
of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another
to engage in, sexual misconduct.
``(b) Penalties.--Any person who violates subsection (a) shall be--
``(1) in the case of an offense involving aggravated sexual
abuse, as defined in section 2241, or if the offense involved
sexual abuse, as defined in section 2242, or if the offense
involved an attempt to commit such aggravated sexual abuse or
sexual abuse, fined under this title and imprisoned for any
term of years or for life;
``(2) in the case of an offense involving abusive sexual
contact of a child who has not attained the age of 16, of the
type prohibited by section 2244(a)(5), fined under this title
and imprisoned for any term of years or for life;
``(3) in the case of an offense involving a sexual act, as
defined in section 2246, with another person without the other
person's permission, and it does not amount to sexual abuse or
aggravated sexual abuse, be fined under this title and
imprisoned for not more than 40 years;
``(4) in the case of an offense involving abusive sexual
contact of the type prohibited by subsection (a)(1) or (b) of
section 2244, but excluding abusive sexual contact through the
clothing--
``(A) fined under this title and imprisoned for not
more than 10 years; and
``(B) if the offense involves a child who has not
attained the age of 12 years, imprisoned for not more
than 30 years;
``(5) in the case of an offense involving abusive sexual
contact of the type prohibited by section 2244(a)(2)--
``(A) fined under this title and imprisoned for not
more than 3 years; and
``(B) if the offense involves a child under the age
of 12, imprisoned for not more than 20 years; and
``(6) in the case of an offense involving abusive sexual
contact through the clothing of the type prohibited by
subsection (a)(3), (a)(4), or (b) of section 2244--
``(A) fined under this title and imprisoned for not
more than 2 years; and
``(B) if the offense involves a child under the age
of 12, imprisoned for not more than 10 years.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 13 of title 18, United States Code, is
amended by inserting after the item relating to section 249 the
following:
``250. Penalties for civil rights offenses involving sexual
misconduct.''.
(b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2)(B), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) engages in a sexual act with another person without
that other person's consent, to include doing so through
coercion;''.
(c) Sexual Abuse of a Minor, a Ward, or an Individual in Federal
Custody.--
(1) In general.--Section 2243 of title 18, United States
Code, is amended--
(A) by striking the section heading and inserting
``Sexual abuse of a minor, a ward, or an individual in
Federal custody'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(C) by adding after subsection (b) the following:
``(c) Of an Individual in Federal Custody.--Whoever, while acting
in their capacity as a Federal law enforcement officer, knowingly
engages in a sexual act with an individual who is under arrest, under
supervision, in detention, or in Federal custody, shall be fined under
this title, imprisoned not more than 15 years, or both.''.
(2) Clerical amendment.--The table of sections for chapter
109A of title 18, United States Code, is amended by striking
the item relating to section 2243 and inserting the following:
``2243. Sexual abuse of a minor, a ward, or an individual in Federal
custody.''.
(d) Abusive Sexual Contact.--Section 2244(a) of title 18, United
States Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) subsection (c) of section 2243 of this title had the
sexual contact been a sexual act, shall be fined under this
title, imprisoned not more than two years, or both;'';
(e) 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.''.
SEC. 1203. 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 knowingly engage in a sexual act
with 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 section $5,000,000 for each of fiscal
years 2023 through 2027.
(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. 1204. 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 1203(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 1302, committed during the 1-year period covered by
the report.
(c) Report by Attorney General on Conflicts Between State's
Marriage-age and Age-based Sex Offenses.--Not later than 1 year after
the date of enactment of this Act, and each year thereafter, the
Attorney General shall submit to Congress a report that examines
inconsistencies between State laws on marriage-age and State laws on
age-based sex offenses and, in particular, States with laws that--
(1) provide an exception to definitions of age-based sex
offenses (including statutory rape), or a defense to
prosecution for such offenses, based on the marriage of the
perpetrator to the victim; or
(2) allow marriages between parties at ages, or with age
differences between them, such that sexual acts between those
parties outside of marriage would constitute an age-based sex
offense (including statutory rape).
SEC. 1205. DEFINITION.
In this title, the term ``sexual act'' has the meaning given the
term in section 2246 of title 18, United States Code.
TITLE XIII--OTHER MATTERS
SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C.
12402) is amended by striking ``2014 through 2018'' and inserting
``2023 through 2027''.
SEC. 1302. FEDERAL VICTIM AND WITNESS COORDINATORS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1910) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS
COORDINATORS.
``There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim and 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 2023 through 2027.''.
SEC. 1303. 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 ``subtitle'' and all that follows and
inserting ``subtitle $2,300,000 for each of fiscal years 2023 through
2027''.
SEC. 1304. 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 to read as follows:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1305. 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
``2023 through 2027''.
SEC. 1306. REVIEW OF LINK BETWEEN SUBSTANCE USE AND VICTIMS OF DOMESTIC
VIOLENCE DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall complete a review and
submit to Congress a report on whether being a victim of domestic
violence, dating violence, sexual assault, or stalking increases the
likelihood of having a substance use disorder.
SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO
COLLECT DATA ON SEXUAL VIOLENCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish an
interagency 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 each of 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
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.
(3) Working group.--The term ``Working Group'' means the
interagency working group established under subsection (a).
SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE ASSISTANCE FOR
MICROBUSINESSES.
Section 41501(b) of the Violence Against Women Act of 1994 (34
U.S.C. 12501(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``companies and public entities''
and inserting ``companies, public entities''; and
(B) by inserting ``, and employers with fewer than
20 employees'' after ``State and local governments'';
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. 1309. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE IMAGES.
(a) Definitions.--In this section:
(1 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.
(2) Consent.--The term ``consent'' means an affirmative,
conscious, and voluntary authorization made by the individual
free from force, fraud, misrepresentation, or coercion.
(3) Depicted individual.--The term ``depicted individual''
means an individual whose body appears in whole or in part in
an intimate visual depiction and who is identifiable by virtue
of the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature, or from information displayed in
connection with the visual depiction.
(4) Disclose.--The term ``disclose'' means to transfer,
publish, distribute, or make accessible.
(5) Intimate visual depiction.--The term ``intimate visual
depiction''--
(A) means a visual depiction, as that term is
defined in section 2256(5) of title 18, United States
Code, that depicts--
(i) the uncovered genitals, pubic area,
anus, or post-pubescent female nipple of an
identifiable individual; or
(ii) the display or transfer of bodily
sexual fluids--
(I) on to any part of the body of
an identifiable individual;
(II) from the body of an
identifiable individual; or
(III) an identifiable individual
engaging in sexually explicit conduct
and
(B) includes any visual depictions described in
subparagraph (A) produced while the identifiable
individual was in a public place only if the individual
did not--
(i) voluntarily display the content
depicted; or
(ii) consent to the sexual conduct
depicted.
(6) 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.--
(A) In general.--Except as provided in paragraph
(4), an individual whose intimate visual depiction is
disclosed, in or affecting interstate or foreign
commerce or using any means or facility of interstate
or foreign commerce, without the consent of the
individual, where such disclosure was made by a person
who knows that, or recklessly disregards whether, the
individual has not consented to such disclosure, may
bring a civil action against that person in an
appropriate district court of the United States for
relief as set forth in paragraph (3).
(B) Rights on behalf of certain individuals.--In
the case of an individual who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal
guardian of the individual or representative of the
identifiable individual's estate, another family
member, or any other person appointed as suitable by
the court, may assume the identifiable individual's'
rights under this section, but in no event shall the
defendant be named as such representative or guardian.
(2) Consent.--For purposes of an action under paragraph
(1)--
(A) the fact that the individual consented to the
creation of the depiction shall not establish that the
person consented to its distribution; and
(B) the fact that the individual disclosed the
intimate visual depiction to someone else shall not
establish that the person consented to the further
disclosure of the intimate visual depiction by the
person alleged to have violated paragraph (1).
(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 visual depiction.
(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.--An identifiable individual may not bring
an action for relief under this section relating to--
(A) an intimate image that is commercial
pornographic content, unless that content was produced
by force, fraud, misrepresentation, or coercion of the
depicted individual;
(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
identifiable individual.
SEC. 1310. CHOOSE RESPECT ACT.
(a) Short Title.--This section may be cited as the ``Choose Respect
Act''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 146. Choose Respect Day
``(a) Designation.--October 1 is Choose Respect Day.
``(b) Recognition.--All private citizens, organizations, and
Federal, State, and local governmental and legislative entities are
encouraged to recognize Choose Respect Day through proclamations,
activities, and educational efforts in furtherance of changing the
culture around the tolerance of violence against women.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1 of title 36, United States Code, is
amended by adding at the end the following:
``146. Choose Respect Day.''.
(c) Media Campaign.--
(1) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the
Director of the Office on Violence Against Women.
(B) National media campaign.--The term ``national
media campaign'' means the national ``Choose Respect''
media campaign described in paragraph (2).
(2) Media campaign.--The Director shall, to the extent
feasible and appropriate, conduct a national ``Choose Respect''
media campaign in accordance with this section for the purposes
of--
(A) preventing and discouraging violence against
women, including domestic violence, dating violence,
sexual assault, and stalking by targeting the
attitudes, perceptions, and beliefs of individuals who
have or are likely to commit such crimes;
(B) encouraging victims of the crimes described in
subparagraph (A) to seek help through the means
determined to be most effective by the most current
evidence available, including seeking legal
representation; and
(C) informing the public about the help available
to victims of the crimes described in subparagraph (A).
(3) Use of funds.--
(A) In general.--Amounts made available to carry
out this section for the national media campaign may
only be used for the following:
(i) The purchase of media time and space,
including the strategic planning for, tracking,
and accounting of, such purchases.
(ii) Creative and talent costs, consistent
with subparagraph (B).
(iii) Advertising production costs, which
may include television, radio, internet, social
media, and other commercial marketing venues.
(iv) Testing and evaluation of advertising.
(v) Evaluation of the effectiveness of the
national media campaign.
(vi) Costs of contracts to carry out
activities authorized by this subsection.
(vii) Partnerships with professional and
civic groups, community-based organizations,
including faith-based organizations and
culturally specific organizations, and
government organizations related to the
national media campaign.
(viii) Entertainment industry outreach,
interactive outreach, media projects and
activities, public information, news media
outreach, corporate sponsorship and
participation, and professional sports
associations and military branch participation.
(ix) Operational and management expenses.
(B) Specific requirements.--
(i) Creative services.--In using amounts
for creative and talent costs under
subparagraph (A), the Director shall use
creative services donated at no cost to the
Government wherever feasible and may only
procure creative services for advertising--
(I) responding to high-priority or
emergent campaign needs that cannot
timely be obtained at no cost; or
(II) intended to reach a minority,
ethnic, or other special audience that
cannot reasonably be obtained at no
cost.
(ii) Testing and evaluation of
advertising.--In using amounts for testing and
evaluation of advertising under subparagraph
(A)(iv), the Director shall test all
advertisements prior to use in the national
media campaign to ensure that the
advertisements are effective with the target
audience and meet industry-accepted standards.
The Director may waive this requirement for
advertisements using not more than 10 percent
of the purchase of advertising time purchased
under this section in a fiscal year and not
more than 10 percent of the advertising space
purchased under this section in a fiscal year,
if the advertisements respond to emergent and
time-sensitive campaign needs or the
advertisements will not be widely utilized in
the national media campaign.
(iii) Consultation.--For the planning of
the campaign under paragraph (2), the Director
may consult with--
(I) the Office for Victims of
Crime, the Administration on Children,
Youth and Families, and other related
Federal Government entities;
(II) State, local, and Indian
Tribal governments;
(III) the prevention of domestic
violence, dating violence, sexual
assault, or stalking, including
national and local non-profits; and
(IV) communications professionals.
(iv) Evaluation of effectiveness of
national media campaign.--In using amounts for
the evaluation of the effectiveness of the
national media campaign under subparagraph
(A)(v), the Attorney General shall--
(I) designate an independent entity
to evaluate by April 20 of each year
the effectiveness of the national media
campaign based on data from any
relevant studies or publications, as
determined by the Attorney General,
including tracking and evaluation data
collected according to marketing and
advertising industry standards; and
(II) ensure that the effectiveness
of the national media campaign is
evaluated in a manner that enables
consideration of whether the national
media campaign has contributed to
changes in attitude or behaviors among
the target audience with respect to
violence against women and such other
measures of evaluation as the Attorney
General determines are appropriate.
(4) Advertising.--In carrying out this subsection, the
Director shall ensure that sufficient funds are allocated to
meet the stated goals of the national media campaign.
(5) Responsibilities and functions under the program.--
(A) In general.--The Director shall determine the
overall purposes and strategy of the national media
campaign.
(B) Director.--
(i) In general.--The Director shall
approve--
(I) the strategy of the national
media campaign;
(II) all advertising and
promotional material used in the
national media campaign; and
(III) the plan for the purchase of
advertising time and space for the
national media campaign.
(ii) Implementation.--The Director shall be
responsible for implementing a focused national
media campaign to meet the purposes described
in paragraph (2) and shall ensure--
(I) information disseminated
through the campaign is accurate and
scientifically valid; and
(II) the campaign is designed using
strategies demonstrated to be the most
effective at achieving the goals and
requirements of paragraph (2), which
may include--
(aa) a media campaign, as
described in paragraph (3);
(bb) local, regional, or
population specific messaging;
(cc) the development of
websites to publicize and
disseminate information;
(dd) conducting outreach
and providing educational
resources for women;
(ee) collaborating with law
enforcement agencies; and
(ff) providing support for
school-based public health
education classes to improve
teen knowledge about the
effects of violence against
women.
(6) Prohibitions.--None of the amounts made available under
paragraph (3) may be obligated or expended for any of the
following:
(A) To supplant current antiviolence against women
campaigns by community-based coalitions.
(B) To supplant pro bono public service time
donated by national and local broadcasting networks for
other public service campaigns.
(C) For partisan political purposes, or to express
advocacy in support of or to defeat any clearly
identified candidate, clearly identified ballot
initiative, or clearly identified legislative or
regulatory proposal.
(D) To fund advertising that features any elected
officials, persons seeking elected office, cabinet
level officials, or other Federal officials employed
pursuant to schedule C of subpart C of title 5, Code of
Federal Regulations.
(E) To fund advertising that does not contain a
primary message intended to reduce or prevent violence
against women.
(F) To fund advertising containing a primary
message intended to promote support for the national
media campaign or private sector contributions to the
national media campaign.
(7) Financial and performance accountability.--The Director
shall cause to be performed--
(A) audits and reviews of costs of the national
media campaign pursuant to section 4706 of title 41,
United States Code; and
(B) an audit to determine whether the costs of the
national media campaign are allowable under chapter 43
of title 41, United States Code.
(8) Report to congress.--The Director shall submit on an
annual basis a report to Congress that describes--
(A) the strategy of the national media campaign and
whether specific objectives of the national media
campaign were accomplished;
(B) steps taken to ensure that the national media
campaign operates in an effective and efficient manner
consistent with the overall strategy and focus of the
national media campaign;
(C) plans to purchase advertising time and space;
(D) policies and practices implemented to ensure
that Federal funds are used responsibly to purchase
advertising time and space and eliminate the potential
for waste, fraud, and abuse;
(E) all contracts entered into with a corporation,
partnership, or individual working on behalf of the
national media campaign;
(F) the results of any financial audit of the
national media campaign;
(G) a description of any evidence used to develop
the national media campaign;
(H) specific policies and steps implemented to
ensure compliance with this subsection;
(I) a detailed accounting of the amount of funds
obligated during the previous fiscal year for carrying
out the national media campaign, including each
recipient of funds, the purpose of each expenditure,
the amount of each expenditure, any available outcome
information, and any other information necessary to
provide a complete accounting of the funds expended;
and
(J) a review and evaluation of the effectiveness of
the national media campaign strategy for the previous
year.
(9) Authorization of appropriations.--There are authorized
to be appropriated to the Director to carry out this section
$5,000,000 for each of fiscal years 2023 through 2027, to
remain available until expended.
SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME ACT.
Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C.
20102(a)(1)) is amended by striking ``paragraph (3)'' and inserting
``paragraph (4)''.
SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO STATUTORY RAPE.
Section 2243(c) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) In a'' and
inserting ``In a''; and
(2) by striking paragraph (2).
SEC. 1313. DEPUTY ASSISTANT ATTORNEY GENERAL ON CULTURALLY SPECIFIC
COMMUNITIES WITHIN THE OFFICE OF JUSTICE PROGRAMS.
(a) Establishment; Duties.--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
Director of the Office of Justice Programs--
(1) advise on the administration of grants related to
culturally specific (as defined in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(a)))
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 (as those terms are
defined in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)), in culturally specific
communities;
(3) advise the Assistant Attorney General for 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 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.
(b) Qualifications.--The Deputy Assistant Attorney General on
Culturally Specific Communities shall be an individual with--
(1) personal, lived, and work experience from a culturally
specific community; and
(2) a demonstrated history of and expertise in addressing
domestic violence or sexual assault in a nongovernmental
agency.
(c) Initial Appointment.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Justice Programs
shall appoint an individual as Deputy Assistant Attorney General on
Culturally Specific Communities.
SEC. 1314. 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, the 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 health care, 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 for best practices for responses to and prevention of
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, religion,
immigrant status, lesbian, gay, bisexual, or transgender
(commonly referred to as ``LGBT'') status, 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
for which appropriations are authorized under the Violence
Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any
amendments made by that Act, 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) Terms of 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, which shall include--
(1) an assessment to identify gaps or challenges in
carrying out such investigation and enforcement, which may
include surveying the 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 the current investigative
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 Reporting.--The Task Force on Sexual Violence in
Education shall submit to Congress, and make publicly available, an
annual report of its activities and any update of the plan required
under subsection (c), including--
(1) the number of complaints received regarding sexual
violence at educational institutions;
(2) the number of open investigations of sexual violence at
educational institutions;
(3) the number of such complaints that continued to
resolution;
(4) the number of such complaints resolved using informal
resolution;
(5) the average time to complete such an investigation;
(6) the number of such investigations initiated based on
complaints; and
(7) the number of such investigations initiated by the
Department of Education.
(e) Definitions.--In this section:
(1) Educational institution.--The term ``educational
institution'' includes an institution of higher education, an
elementary school, or a secondary school.
(2) Elementary school; secondary school.--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) Institution of higher education.--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. 1315. BREE'S LAW.
(a) Short Title.--This section may be cited as ``Bree's Law''.
(b) Teen Dating Violence Prevention.--Section 1708 of the Public
Health Service Act (42 U.S.C. 300u-7) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Certain Demonstration Projects.--
``(1) In general.--In carrying out subsection (b)(3), the
Secretary may make grants to carry out demonstration projects
for the purpose of improving adolescent health, including--
``(A) projects to train health care providers in
providing services to adolescents; and
``(B) projects to reduce the incidence of violence
among adolescents, particularly violence related to
teen dating, which shall include projects to develop
and implement educational program to increase abuse
awareness and prevention.
``(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there are authorized to be
appropriated $8,000,000 for each of fiscal years 2023 through
2027.''; and
(2) by adding at the end the following:
``(g) Interagency Work Group.--
``(1) Establishment.--The Secretary shall establish the
Federal Interagency Work Group on Teen Dating Violence
(referred to in this section as the `Work Group').
``(2) In general.--
``(A) Composition.--Not later than 120 days after
the date of enactment of Bree's Law, the Secretary
shall appoint representatives to the Work Group from
the Administration for Children and Families, the
Centers for Disease Control and Prevention, the Health
Resources and Services Administration, the Department
of Education, the Department of Justice, and other
Federal agencies as determined appropriate by the
Secretary.
``(B) Consultation.--The Work Group shall consult
with--
``(i) experts at the State, Tribal, and
local levels with relevant backgrounds in
reducing and preventing the incidence of teen
dating violence;
``(ii) victims of teen dating violence; and
``(iii) family members of teens who were
killed by a dating partner.
``(3) Duties.--The Work Group shall--
``(A) examine all Federal efforts directed towards
reducing and preventing teen dating violence;
``(B) identify strategies, resources, and supports
to improve State, Tribal, and local responses to the
incidence of teen dating violence;
``(C) make recommendations to Congress for
improving Federal programs and efforts and coordination
across such programs and efforts to reduce and prevent
teen dating violence; and
``(D) make recommendations for educating middle and
high school students on teen dating violence.
``(4) Annual report to secretary.--The Work Group shall
annually prepare and submit to the Secretary, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Education and Labor of the House of
Representatives, a report on the activities carried out by the
Work Group under subsection (c), including recommendations to
reduce and prevent teen dating violence.''.
SEC. 1316. FAIRNESS FOR RAPE KIT BACKLOG SURVIVORS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Fairness for
Rape Kit Backlog Survivors Act of 2022''.
(b) Crime Victim Compensation.--Section 1403(b) of the Victims of
Crime Act of 1984 (34 U.S.C. 20102(b)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) beginning not later than 3 years after the date of
enactment of this paragraph, such program--
``(A) provides a waiver for any application filing
deadline imposed by the program for a crime victim if--
``(i) the crime victim is otherwise
eligible for compensation; and
``(ii) the delay in filing the application
was a result of a delay in the testing of, or a
delay in the DNA profile matching from, a
sexual assault forensic examination kit or
biological material collected as evidence
related to a sexual offense; and
``(B) does not require the crime victim to undergo
an appeals process to have the application of the crime
victim considered for a filing deadline waiver under
subparagraph (A); and''.
SEC. 1317. STUDY RELATING TO STATE ACTIONS TO PROHIBIT AIDING AND
ABETTING SEXUAL MISCONDUCT IN SCHOOLS.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Education shall publish in the Federal Register the
findings of the Department of Education's study, as described in the
notice published in the Federal Register entitled ``Agency Information
Collection Activities; Comment Request; Study of State Policies to
Prohibit Aiding and Abetting Sexual Misconduct in Schools'' (84 Fed.
Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in
accordance with section 8546 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7926), the aiding and abetting of sexual
misconduct in schools.
SEC. 1318. SUPPORTING ACCESS TO NURSE EXAMS ACT.
(a) Short Title.--This section may be cited as the ``Supporting
Access to Nurse Exams Act'' or the ``SANE Act''.
(b) Definitions.--Section 304 of the DNA Sexual Assault Justice Act
of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b),
and (c) and inserting the following:
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
includes--
``(A) a Tribal government or hospital;
``(B) a sexual assault examination program,
including--
``(i) a SANE program;
``(ii) a SAFE program;
``(iii) a SART program;
``(iv) medical personnel, including a
doctor or nurse, involved in treating victims
of sexual assault; and
``(v) a victim service provider involved in
treating victims of sexual assault;
``(C) a State sexual assault coalition;
``(D) a health care facility, including a hospital
that provides sexual assault forensic examinations by a
qualified or certified SANE or SAFE;
``(E) a sexual assault examination program that
provides SANE or SAFE training; and
``(F) a community-based program that provides
sexual assault forensic examinations, including
pediatric forensic exams in a multidisciplinary
setting, by a qualified or certified SANE or SAFE
outside of a traditional health care setting.
``(2) Health care facility.--The term `health care
facility' means any State, local, Tribal, community, free,
nonprofit, academic, or private medical facility, including a
hospital, that provides emergency medical care to patients.
``(3) Medical forensic examination; mfe.--The term `medical
forensic examination' or `MFE' means an examination of a sexual
assault patient by a health care provider, who has specialized
education and clinical experience in the collection of forensic
evidence and treatment of these patients, which includes--
``(A) gathering information from the patient for
the medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries,
documentation of biological and physical findings, and
collection of evidence from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and
referrals for sexually transmitted infections,
pregnancy, suicidal ideation, alcohol and substance
abuse, and other non-acute medical concerns; and
``(F) providing follow-up as needed to provide
additional healing, treatment, or collection of
evidence.
``(4) Pediatric sane and safe.--The term `pediatric SANE
and SAFE' means a SANE or SAFE who is trained to conduct sexual
assault forensic examinations on children and youth between the
ages of 0 and 18.
``(5) Qualified personnel.--The term `qualified personnel'
includes a registered or advanced practice nurse, physician,
doctor of osteopathy, or physician assistant who has
specialized training conducting medical forensic examinations.
``(6) Qualified sane and safe training program.--The term
`qualified SANE and SAFE training program' means a program
that--
``(A) is qualified to prepare current and future
sexual assault nurse examiners to be profession-ready
and meet the applicable State and National
certification and licensure requirements, through
didactic, clinical, preceptor, or capstone programs
that include longer-term training;
``(B) provides that preparation under a health care
model that uses trauma-informed techniques; and
``(C) is approved as meeting the most recent
National Training Standards for Sexual Assault Medical
Forensic Examiners.
``(7) Rural area.--The term `rural area' has the meaning
given the term in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291).
``(8) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(9) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act or sexual contact proscribed by
Federal, Tribal, or State law, including when the individual
lacks capacity to consent.
``(10) Sexual assault forensic examiner; safe.--The term
`sexual assault forensic examiner' or `SAFE' means an
individual who has specialized forensic training in treating
sexual assault survivors and conducting medical forensic
examinations.
``(11) Sexual assault forensic examination.--The term
`sexual assault forensic examination' means an examination of a
sexual assault patient by a health care provider, who has
specialized education and clinical experience in the collection
of forensic evidence and treatment of these patients, which
includes--
``(A) gathering information from the patient for
the medical forensic history;
``(B) an examination;
``(C) coordinating treatment of injuries,
documentation of biological and physical findings, and
collection of evidence from the patient;
``(D) documentation of findings;
``(E) providing information, treatment, and
referrals for sexually transmitted infections,
pregnancy, suicidal ideation, alcohol and substance
abuse, and other non-acute medical concerns; and
``(F) providing follow-up as needed to provide
additional healing, treatment, or collection of
evidence.
``(12) Sexual assault nurse examiner; sane.--The term
`sexual assault nurse examiner' or `SANE' means a registered or
advanced practice nurse who has specialized training conducting
medical forensic examinations.
``(13) Sexual assault response team; sart.--The term
`sexual assault response team' or `SART' means a
multidisciplinary team that--
``(A) provides a specialized and immediate response
to survivors of sexual assault; and
``(B) may include health care personnel, law
enforcement representatives, community-based survivor
advocates, prosecutors, and forensic scientists.
``(14) State.--The term `State' means any State of the
United States, the District of Columbia, and any territory or
possession of the United States.
``(15) Trauma-informed.--The term `trauma-informed' means,
with respect to services or training, services or training
that--
``(A) use a patient-centered approach to providing
services or care;
``(B) promote the dignity, strength, and
empowerment of patients who have experienced trauma;
and
``(C) incorporate evidence-based practices based on
knowledge about the impact of trauma on patients'
lives.
``(16) Underserved populations.--The term `underserved
populations' has the meaning given the term in section 40002 of
the Violence Against Women Act of 1994 (34 U.S.C. 12291).''.
(c) Sexual Assault Nurse Examiner Grants.--Section 304 of the DNA
Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by
inserting after subsection (a), as amended by subsection (b) of this
section, the following:
``(b) Sexual Assault Nurse Examiner Training Program Grants.--
``(1) Authorization for grants.--The Attorney General, in
consultation with the Secretary, shall make grants to eligible
entities for the following purposes:
``(A) To establish qualified regional SANE training
programs--
``(i) to provide clinical education for
SANE students;
``(ii) to provide salaries for full and
part-time SANE instructors, including those
specializing in pediatrics and working in a
multidisciplinary team setting, to help with
the clinical training of SANEs; and
``(iii) to provide access to simulation
laboratories and other resources necessary for
clinical education.
``(B) To provide full and part time salaries for
SANEs and SAFEs, including pediatric SANEs and SAFEs.
``(C) To increase access to SANEs and SAFEs by
otherwise providing training, education, or technical
assistance relating to the collection, preservation,
analysis, and use of DNA samples and DNA evidence by
SANEs, SAFEs, and other qualified personnel.
``(2) Preference for grants.--In reviewing applications for
grants under this section, the Attorney General shall give
preference to any eligible entity that certifies in the grant
application that the entity will coordinate with a rape crisis
center or the State sexual assault coalition to facilitate
sexual assault advocacy to support sexual assault survivors and
use the grant funds to--
``(A) establish qualified SANE training programs in
localities with a high volume of forensic trauma cases,
including adult and child sexual assault, domestic
violence, elder abuse, sex trafficking, and
strangulation cases;
``(B) increase the local and regional availability
of full and part time sexual assault nurse examiners in
a rural area, Tribal area, an area with a health
professional shortage, or for an underserved
population, including efforts to provide culturally
competent services; or
``(C) establish or sustain sexual assault mobile
teams or units or otherwise enhance SANE and SAFE
access through telehealth.''.
(d) Directive.--Section 304 of the DNA Sexual Assault Justice Act
of 2004 (34 U.S.C. 40723) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (b), as added by
subsection (c) of this section, the following:
``(c) Directive to the Attorney General.--
``(1) In general.--Not later than the beginning of fiscal
year 2022, the Attorney General shall coordinate with the
Secretary to inform health care facilities, including Federally
qualified health centers and hospitals, colleges and
universities, and other appropriate health-related entities
about--
``(A) the availability of grant funding under this
section; and
``(B) the role of sexual assault nurse examiners,
both adult and pediatric, and available resources of
the Department of Justice and the Department of Health
and Human Services to train or employ sexual assault
nurses examiners to address the needs of communities
dealing with sexual assault, domestic violence, sex
trafficking, elder abuse, strangulation, and, in
particular, the need for pediatric SANEs, including
such nurse examiners working in the multidisciplinary
setting, in responding to abuse of both children and
adolescents.
``(2) Requirement.--In carrying out paragraph (1), the
Attorney General shall collaborate with nongovernmental
organizations representing SANEs.
``(d) Public Information on Access to Sexual Assault Forensic
Examinations.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Supporting Access to Nurse Exams Act, the
Attorney General, in consultation with the Secretary, shall
establish, and update annually, a public website on the access
to forensic nurse examiners.
``(2) Contents.--The website required under paragraph (1)
shall with specificity describe, by State--
``(A) funding opportunities for SANE training and
continuing education; and
``(B) the availability of sexual assault advocates
at locations providing sexual assault forensic exams.
``(3) Report to congress.--Not later than 4 years after the
date of enactment of the Supporting Access to Nurse Exams Act,
the Attorney General, in consultation with the Secretary, shall
submit to the Committee on the Judiciary of the Senate, the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on the Judiciary of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives a report on--
``(A) the availability of, and patient access to,
trained SANEs and other providers who perform MFEs or
sexual assault forensic examinations;
``(B) the health care facilities, including
hospitals or clinics, that offer SANEs and sexual
assault forensic examinations and whether each health
care facility, including a hospital or clinic, has
full-time, part-time, or on-call coverage;
``(C) regional, provider, or other barriers to
access for SANE care and services, including MFEs and
sexual assault forensic examinations;
``(D) State requirements, minimum standards, and
protocols for training SANEs, including trauma-informed
and culturally competent training standards;
``(E) State requirements, minimum standards, and
protocols for training emergency services personnel
involved in MFEs and sexual assault forensic
examinations;
``(F) the availability of sexual assault nurse
examiner training, frequency of when training is
convened, the providers of such training, the State's
role in such training, and what process or procedures
are in place for continuing education of such
examiners;
``(G) the dedicated Federal and State funding to
support SANE training;
``(H) funding opportunities for SANE training and
continuing education;
``(I) the availability of sexual assault advocates
at locations providing MFEs and sexual assault forensic
exams; and
``(J) the total annual cost of conducting sexual
assault forensic exams described in section 2010(b) of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10449(b)).''.
(e) Authorization of Appropriations.--Subsection (e) of section 304
of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723), as
redesignated by subsection (d) of this section, is amended to read as
follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 for each of fiscal years 2023 through 2027 to
carry out this section.''.
TITLE XIV--CYBERCRIME ENFORCEMENT
SEC. 1401. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT OF CYBERCRIMES.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and an interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals''--
(A) means a criminal offense applicable in the area
under the jurisdiction of the relevant State, Indian
Tribe, or unit of local government that involves the
use of a computer to harass, threaten, stalk, extort,
coerce, cause fear to, or intimidate an individual, or
without consent distribute intimate images of an adult,
except that use of a computer need not be an element of
such an offense; and
(B) does not include the use of a computer to cause
harm to a commercial entity, government agency, or non-
natural person.
(3) Indian tribe; state; tribal government; unit of local
government.--The terms ``Indian Tribe'', ``State'', ``Tribal
government'', and ``unit of local government'' have the
meanings given such terms in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), as amended by
this Act.
(b) Authorization of Grant Program.--Subject to the availability of
appropriations, the Attorney General shall award grants under this
section to States, Indian Tribes, and units of local government for the
prevention, enforcement, and prosecution of cybercrimes against
individuals.
(c) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State, Tribal government, or unit
of local government 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 a fiscal year, in
such form as the Attorney General may require.
(2) Contents.--An application submitted under paragraph (1)
shall include the following:
(A) A certification that Federal funds made
available under this section will not be used to
supplant State, Tribal, 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 later 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, Tribe, 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, to neighborhood or community-based
organizations, and to victim service providers,
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, Tribe, 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 (d)(8) 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.
(d) Use of Funds.--Grants awarded under this section may be used
only for programs that provide--
(1) training for State, Tribal, or local law enforcement
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals, provided
that the training is developed in collaboration with
victim service providers;
(B) training such personnel to utilize Federal,
State, Tribal, 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, Tribal, 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, Tribal, 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, Tribal, 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, Tribal, 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, Tribal, 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, Tribal, 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, Tribal, or local law enforcement
agencies to support the placement of victim assistants to serve
as liaisons between victims of cybercrimes against individuals
and personnel of law enforcement agencies;
(7) assistance to State, Tribal, 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;
(8) assistance to State, Tribal, or local law enforcement
agencies 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;
(9) assistance in the facilitation and promotion of
sharing, with State, Tribal, and local law enforcement agencies
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
(10) assistance to State, Tribal, 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.
(e) Reports to the Attorney General.--On the date that is 1 year
after the date on which a State, Indian Tribe, or unit of local
government receives a grant under this section, and annually
thereafter, the chief executive officer of the State, Tribal
government, 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 under this section by
such State, Indian Tribe, 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.
(f) Reports 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 reports submitted under
subsection (e).
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2023 through 2027.
(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.
SEC. 1402. NATIONAL RESOURCE CENTER GRANT.
(a) Definitions.--In this section:
(1) Cybercrime against individuals.--The term ``cybercrime
against individuals'' has the meaning given such term in
section 1401.
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that--
(A) focuses on cybercrimes against individuals;
(B) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(C) includes on the organization's advisory board
representatives who--
(i) have a documented history of working
directly on issues of cybercrimes against
individuals;
(ii) have a history of working directly
with victims of cybercrimes against
individuals; and
(iii) are geographically and culturally
diverse.
(b) Authorization of Grant Program.--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.
(c) Application.--
(1) In general.--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.
(2) Contents.--An application submitted under paragraph (1)
shall include the following:
(A) An assurance that, for each fiscal year covered
by the application, the applicant will maintain and
report such data, records, and information
(programmatic and financial) as the Attorney General
may reasonably require.
(B) A certification, made in a form acceptable to
the Attorney General, that--
(i) the programs funded by the grant meet
all the requirements of this section;
(ii) all the information contained in the
application is correct; and
(iii) the applicant will comply with all
provisions of this section and all other
applicable Federal laws.
(d) 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, including victims from
underserved populations, 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.
(e) Duration of Grant.--
(1) In general.--A 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 (d), and if the recipient
resubmits an application described in subsection (c) in such
form, and at such time, as the Attorney General may reasonably
require.
(f) 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 (d).
(g) Reports to the Attorney General.--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.
(h) Reports 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 reports submitted under
subsection (g).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2023 through 2027.
SEC. 1403. 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'' has the meaning given the term in section
1401.
(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;
(3) increase the number of Federal prosecutions of
cybercrimes against individuals; and
(4) develop an evaluation process that measures rates of
cybercrime victimization and prosecutorial rates among Tribal
and culturally specific communities.
(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, including an evaluation of the implementation
process for the national strategy developed under subsection (b) and
outcome measurements on its impact on Tribal and culturally specific
communities.
TITLE XV--KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Keeping Children Safe From Family
Violence Act'' or ``Kayden's Law''.
SEC. 1502. FINDINGS.
Congress finds the following:
(1) Approximately 1 in 15 children is exposed to domestic
violence each year.
(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 between 30 and 60 percent. A child's
risk of abuse increases after a perpetrator of intimate partner
violence separates from a domestic partner, even when the
perpetrator has not previously directly abused the child.
Children who have witnessed intimate partner violence are
approximately 4 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.
Data of the Department of Justice shows that family members are
49 percent, or almost half, of the perpetrators of crimes
against child sex assault victims younger than 6 years of age.
(4) Research suggests a child's exposure to a batterer is
among the strongest indicators of risk of incest victimization.
One study found that female children with fathers who are
batterers of their mothers were 6.5 times more likely to
experience father-daughter incest than female children who do
not have abusive fathers.
(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, result in $124,000,000,000 in annual costs to the
economy of the United States, or approximately 1 percent of the
gross domestic product of the United States.
(6) Empirical research indicates that courts regularly
discount allegations of child physical and sexual abuse when
those allegations are raised in child custody cases. Courts
believed less than \1/4\ of claims that a father has committed
child physical or sexual abuse. With respect to cases in which
an allegedly abusive parent claimed the mother ``alienated''
the child, courts believed only 1 out of 51 claims of sexual
molestation by a father. Independent research indicates that
child sexual abuse allegations are credible between 50 and 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 \1/3\ 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 child murders in
the United States since 2008 committed by a divorcing or
separating parent. More than 100 of these child murders are
known to have occurred after a court ordered the child to have
contact with the dangerous parent over the objection of a safe
parent or caregiver.
(9) Scientifically unsound theories that treat abuse
allegations of mothers as likely false attempts to undermine
fathers are frequently applied in family court to minimize or
deny reports of abuse of parents and children. 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 involving
allegations of child abuse, child sexual abuse, and domestic
violence are rarely required to receive training on these
subjects, and most States have not established standards for
such training.
SEC. 1503. PURPOSES.
The purposes of this title are to--
(1) increase the priority given to child safety in any
State court divorce, separation, visitation, paternity, child
support, civil protection order, or family custody court
proceeding affecting the custody and care of children,
excluding child protective, abuse, or neglect proceedings and
juvenile justice proceedings;
(2) strengthen the abilities of courts to--
(A) recognize and adjudicate domestic violence and
child abuse allegations based on valid, admissible
evidence; and
(B) enter orders that protect and minimize the risk
of harm to children; and
(3) ensure that professional personnel involved in cases
containing domestic violence or child 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. 1504. INCREASED FUNDING FOR STOP GRANTS.
Section 2007 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end
the following:
``(k) Grant Increases for States With Certain Child Custody
Proceeding Laws and Standards.--
``(1) Definitions.--In this subsection:
``(A) Child custody proceeding.--The term `child
custody proceeding'--
``(i) means a private family court
proceeding in State or local court that, with
respect to a child, involves the care or
custody of the child in a private divorce,
separation, visitation, paternity, child
support, legal or physical custody, or civil
protection order proceeding between the parents
of the child; and
``(ii) does not include--
``(I) any child protective, abuse,
or neglect proceeding;
``(II) a juvenile justice
proceeding; or
``(III) any child placement
proceeding in which a State, local, or
Tribal government, a designee of such a
government, or any contracted child
welfare agency or child protective
services agency of such a government is
a party to the proceeding.
``(B) Eligible state.--The term `eligible State'
means a State that--
``(i) receives a grant under subsection
(a); and
``(ii) has in effect--
``(I) each law described in
paragraph (3);
``(II) the standards described in
paragraph (4); and
``(III) the training program
described in paragraph (5).
``(C) Reunification treatment.--The term
`reunification treatment' means a treatment or therapy
aimed at reuniting or reestablishing a relationship
between a child and an estranged or rejected parent or
other family member of the child.
``(2) Increase.--
``(A) In general.--The Attorney General shall
increase the amount of a grant awarded under subsection
(a) to an eligible State that submits an application
under paragraph (6) by an amount that is not more than
10 percent of the average of the total amount of
funding provided to the State under subsection (a)
under the 3 most recent awards to the State.
``(B) Term of increase.--An increase of a grant
under subparagraph (A) shall be for 1 fiscal year.
``(C) Renewal.--An eligible State that receives an
increase under subparagraph (A) may submit an
application for renewal of the increase at such time,
in such manner, and containing such information as the
Attorney General may reasonably require.
``(D) Limit.--An eligible State may not receive an
increase under subparagraph (A) for more than 4 fiscal
years.
``(3) Laws.--The laws described in this paragraph are the
following:
``(A) A law that ensures that, with respect to a
child custody proceeding in which a parent has been
alleged to have committed domestic violence or child
abuse, including child sexual abuse--
``(i) expert evidence from a court-
appointed or outside professional relating to
the alleged abuse may be admitted only if the
professional possesses demonstrated expertise
and clinical experience in working with victims
of domestic violence or child abuse, including
child sexual abuse, that is not solely of a
forensic nature; and
``(ii) in making a finding regarding any
allegation of domestic violence or child abuse,
including child sexual abuse, in addition to
any other relevant admissible evidence,
evidence of past sexual or physical abuse
committed by the accused parent shall be
considered, including--
``(I) any past or current
protection or restraining orders
against the accused parent;
``(II) sexual violence abuse
protection orders against the accused
parent;
``(III) arrests of the accused
parent for domestic violence, sexual
violence, or child abuse; or
``(IV) convictions of the accused
parent for domestic violence, sexual
violence, or child abuse.
``(B) A law that ensures that, during a child
custody proceeding--
``(i) a court may not, solely in order to
improve a deficient relationship with the other
parent of a child, remove the child from a
parent or litigating party--
``(I) who is competent, protective,
and not physically or sexually abusive;
and
``(II) with whom the child is
bonded or to whom the child is
attached;
``(ii) a court may not, solely in order to
improve a deficient relationship with the other
parent of a child, restrict contact between the
child and a parent or litigating party--
``(I) who is competent, protective,
and not physically or sexually abusive;
and
``(II) with whom the child is
bonded or to whom the child is
attached;
``(iii) a court may not order a
reunification treatment, unless there is
generally accepted and scientifically valid
proof of the safety, effectiveness, and
therapeutic value of the reunification
treatment;
``(iv) a court may not order a
reunification treatment that is predicated on
cutting off a child from a parent with whom the
child is bonded or to whom the child is
attached; and
``(v) any order to remediate the resistance
of a child to have contact with a violent or
abusive parent primarily addresses the behavior
of that parent or the contributions of that
parent to the resistance of the child before
ordering the other parent of the child to take
steps to potentially improve the relationship
of the child with the parent with whom the
child resists contact.
``(C) A law that requires judges and magistrates
who hear child custody proceedings and other relevant
court personnel involved in child custody proceedings,
including guardians ad litem, best interest attorneys,
counsel for children, custody evaluators, masters, and
mediators to complete, with respect to the training
program described in paragraph (5)--
``(i) not less than 20 hours of initial
training; and
``(ii) not less than 15 hours of ongoing
training every 5 years.
``(4) Uniform required standards.--The standards described
in this paragraph are uniform required standards that--
``(A) apply to any neutral professional appointed
by a court during a child custody proceeding to express
an opinion relating to abuse, trauma, or the behaviors
of victims and perpetrators of abuse and trauma; and
``(B) require that a professional described in
subparagraph (A) possess demonstrated expertise and
clinical experience in working with victims of domestic
violence or child abuse, including child sexual abuse,
that is not solely of a forensic nature.
``(5) Training and education program.--The training program
described in this paragraph is an ongoing training and
education program that--
``(A) focuses solely on domestic and sexual
violence and child abuse, including--
``(i) child sexual abuse;
``(ii) physical abuse;
``(iii) emotional abuse;
``(iv) coercive control;
``(v) implicit and explicit bias, including
biases relating to parents with disabilities;
``(vi) trauma;
``(vii) long- and short-term impacts of
domestic violence and child abuse on children;
and
``(viii) victim and perpetrator behavior
patterns and relationship dynamics within the
cycle of violence;
``(B) is provided by--
``(i) a professional with substantial
experience in assisting survivors of domestic
violence or child abuse, including a victim
service provider (as defined in section 40002
of the Violence Against Women Act of 1994 (34
U.S.C. 12291)); and
``(ii) if possible, a survivor of domestic
violence or child physical or sexual abuse;
``(C) relies on evidence-based and peer-reviewed
research by recognized experts in the types of abuse
described in subparagraph (A);
``(D) does not include theories, concepts, or
belief systems unsupported by the research described in
subparagraph (C); and
``(E) is designed to improve the ability of courts
to--
``(i) recognize and respond to child
physical abuse, child sexual abuse, domestic
violence, and trauma in all family victims,
particularly children; and
``(ii) make appropriate custody decisions
that--
``(I) prioritize child safety and
well-being; and
``(II) are culturally sensitive and
appropriate for diverse communities.
``(6) Application.--
``(A) In general.--An eligible State desiring a
grant increase under this subsection 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.
``(B) Contents.--An application submitted by an
eligible State under subparagraph (A) shall include
information relating to--
``(i) the laws described paragraph (3);
``(ii) the standards described in paragraph
(4); and
``(iii) the training program described in
paragraph (5).
``(7) Use of funds.--An eligible State that receives a
grant increase under paragraph (2)(A) shall use the total
amount of the increase for the purposes described in
subparagraph (C) or (D) of subsection (c)(4).
``(8) Rule of construction.--Nothing in this subsection
shall be interpreted as discouraging States from adopting
additional provisions to increase safe outcomes for children.
Additional protective provisions are encouraged.
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 1505. 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 adding at the end the following new subparagraph:
``(D) be informed of the status and location of a
sexual assault evidence collection kit.''.
SEC. 1506. 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) a State, Tribal, or local law enforcement agency;
``(2) a State, Tribal, or local prosecutor's office;
``(3) a victim service provider or State or Tribal domestic
violence coalition;
``(4) a provider of culturally specific services;
``(5) a nonprofit program or government agency with
demonstrated experience in providing legal assistance or legal
advice to victims of domestic violence and sexual assault;
``(6) the bar association of the applicable State or Indian
Tribe;
``(7) the State or Tribal association of court clerks;
``(8) a State, Tribal, or local association of criminal
defense attorneys;
``(9) not fewer than 2 individuals with expertise in the
design and management of court case management systems and
systems of integration;
``(10) not fewer than 2 State or Tribal court judges with
experience in--
``(A) the field of domestic violence; and
``(B) issuing protective orders; and
``(11) a judge assigned to the criminal docket of the State
or Tribal court.
``(b) Grants Authorized.--
``(1) In general.--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 of the eligible entity described in
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 the date
on which the eligible entity receives the grant; and
``(B) carry out the program required under
paragraph (1)(A) 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, to the extent practicable--
``(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 primarily serves a culturally specific
and underserved population.
``(e) Application.--
``(1) In general.--An eligible entity desiring a grant
under this section shall submit to the Attorney General an
application 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 of the eligible entity described in
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) Report to Attorney General.--
``(1) Initial report.--Not later than 2 years after the
date on which an eligible entity receives a grant under this
section, the eligible entity shall submit to the Attorney
General a report that details the plan of the eligible entity
for implementation of the program under subsection (c).
``(2) Subsequent reports.--
``(A) In general.--Not later than 1 year after the
date on which an eligible entity implements a program
under subsection (c), and not later than 2 years
thereafter, the eligible entity shall submit to the
Attorney General a report that describes the program,
including, with respect to the program--
``(i) the viability;
``(ii) the cost;
``(iii) service statistics;
``(iv) the challenges;
``(v) an analysis of the technology used to
fulfill the goals of the program;
``(vi) an 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.
``(g) No Regulations or Guidelines Required.--Notwithstanding
section 2105, the Attorney General shall not be required to publish
regulations or guidelines implementing this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal years
2023 through 2027.''.
SEC. 1507. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
(a) In General.--The Secretary of Education, in consultation with
the Attorney General, the Director of the Centers for Disease Control
and Prevention, the Secretary of Health and Human Services, and experts
in domestic violence, dating violence, sexual assault, sexual
harassment, and stalking, shall develop, design, and make available
through a secure and accessible online portal, a standardized online
survey tool regarding postsecondary 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,
including victims from culturally specific populations and
victims with disabilities, 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
section shall be fair and unbiased, be scientifically valid and
reliable, meet the highest standards of survey research, and
notify the participant that anonymized results of the survey
may be published.
(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 re-
traumatization; and
(C) include--
(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, Tribal, 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 Federal, State,
local, Tribal, 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, loss of foreign-
student visas, and costs 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 to sex-based
(including against lesbian, gay, bisexual, or
transgender (commonly referred to as ``LGBT'')
individuals), race-based, national origin-
based, and disability-based discrimination,
harassment, assault, domestic violence, dating
violence, sexual assault, sexual harassment,
and stalking; and
(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), subject to the review and approval of the
Secretary of Education, an institution of higher education may
request additional information from students that would
increase the understanding of the institution of school climate
factors unique to the campuses affiliated with the institution.
(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, not include personally identifiable
information.
(d) Administration of Survey.--
(1) Federal administration.--The Secretary of Education, in
consultation with the Attorney General, the Director of the
Centers for Disease Control and Prevention, and the Secretary
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, subject to the review and approval of the
Secretary of Education.
(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 of higher
education that receives Federal educational assistance shall
administer the survey tool developed pursuant to this section.
(e) Completed Surveys.--The Secretary of Education shall require
each institution of higher education that administers the survey tool
developed pursuant to this section 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.--
(1) In general.--Beginning not later than 2 years after the
date of enactment of this Act, the Secretary of Education
shall--
(A) 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 of
Education, including as part of any online consumer
tool offered or supported by the Department of
Education that provides information to students
regarding specific postsecondary educational
institutions, such as the College Scorecard or any
successor or similar tool; and
(B) submit such report to Congress.
(2) Inclusions and exclusions.--The report required to be
prepared under paragraph (1)--
(A) shall include campus-level data for each
institution and attributed by name of each campus in a
manner that permits comparisons across institutions and
campuses; and
(B) shall not publish any individual survey
responses.
(g) Publication.--Each institution of higher education 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 biennial 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.
SEC. 1508. 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 that shall--
(1) provide a review of State laws, regulations, and
practices on how child neglect and custody situations are
handled in domestic violence situations; and
(2) include a list of recommendations on how to restructure
State laws, regulations, and practices to better protect
victims of domestic violence and their children.
Calendar No. 268
117th CONGRESS
2d Session
S. 3623
_______________________________________________________________________
A BILL
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
February 10, 2022
Read the second time and placed on the calendar