[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5288 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5288
To make further improvements relating to women's rights and
protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 25, 2023
Mr. Santos introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Education and the Workforce, the Judiciary, Energy and Commerce, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make further improvements relating to women's rights and
protections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Women's Independence For
Today Act of 2023'' or the ``SWIFT Act of 2023''.
SEC. 2. IMPROVEMENTS TO HEALTH EDUCATION CURRICULUM.
(a) Health Education in High Schools.--The Secretary of Education
shall encourage each public high school in each State to implement
health education curriculum that includes information on the prevention
of rape, sexual assault, and sexual harassment.
(b) Health Education in Institutions of Higher Education.--Section
487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is
amended by adding at the end the following:
``(30) The institution will--
``(A) implement health education curriculum that
includes information on the prevention of rape, sexual
assault, and sexual harassment; and
``(B) require each student enrolled at such
institution to complete such curriculum.''.
(c) Definitions.--In this section:
(1) High school.--The term ``high school'' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) State.--The term ``State'' means each of the 50 States.
SEC. 3. COMPREHENSIVE EDUCATION PROGRAM TO IMPROVE HEALTHCARE SYSTEM
WITH RESPECT TO DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
(a) Sense of Congress.--It is the sense of the Congress that there
should be a national effort to educate first responders and healthcare
workers on how to engage with victims of sexual assault and violence.
(b) Establishment of Comprehensive Education Program Described.--
Not later than the 13th of December after the date of the enactment of
this Act, the Attorney General, in coordination and consultation with
the Secretary of Health and Human Services, shall implement a
comprehensive education program to improve the healthcare system in the
United States and ensure that responses to domestic violence and sexual
assault continually improve.
(c) Comprehensive Education Program Described.--
(1) In general.--The comprehensive education program shall
include--
(A) enhanced training for covered employees,
including--
(i) training that considers mental health
and encourages empathy;
(ii) training on taking and maintaining
diligent records;
(iii) training on the proper handling of
evidence; and
(iv) any other type of training relating to
mental health that is recommended by the
Secretary of Health and Human Services;
(B) real world situational modules described in
subsection (d).
(2) Requirement to participate.--The comprehensive
education program shall be available to any covered employee. A
covered employee shall complete the comprehensive education
program within the first three months of hire and again at
least every two years. Such participation shall be managed and
required by the executive of each covered entity.
(3) E-certification.--Covered employees who have completed
the comprehensive education program shall be issued an e-
certificate which qualifies such an employee to interact with
victims of sexual assault, sexual violence, or domestic
violence.
(d) Real World Situational Modules Described.--The comprehensive
education program described under subsection (c)(1) shall include at
minimum the following 13 modules:
(1) A module detailing intake procedures for an individual
documenting sexual assault.
(2) A module detailing intake procedures for an individual
documenting domestic violence.
(3) A module detailing how to respond to a scene of
domestic violence.
(4) A module detailing how to respond to a scene of sexual
assault.
(5) A module on emotional support and empathy training.
(6) A module on conflict de-escalation.
(7) A module on reporting and associated procedures
necessary for law enforcement efforts to investigate and
prosecute perpetrators of sexual assault, sexual violence, or
domestic violence.
(8) A module on suicide prevention, de-escalation, and
emergency response procedures, including how to interact with
an individual dealing with suicidal thoughts or history.
(9) A module on how to provide services to and handle the
needs of victims who are minors.
(10) A module on Federal, State, and local laws and
policies related to sexual assault and domestic violence.
(11) A module on physical evidence collection and record
taking procedures for law enforcement, including mandatory
reporting requirements for information reported by a victim.
(12) A module on social services references and resources
for helping victims in an individualized context.
(13) A module on costs a victim may expect to be associated
with care and costs associated with mental health resources and
care.
(e) Loss of Federal Funds.--Any covered entity that does not comply
with the requirements of this section shall not be eligible for any
Federal funding for the following year.
(f) Fine.--A covered entity found to have covered employees in
violation of this section shall be fined $50,000 a month per employee
who has not completed the requirements of this section.
(g) Reducing National Debt.--Any fines collected pursuant to
subsection (f) shall on December 13th of each year be deposited into
the general fund of the Treasury for the sole purpose of reducing the
national debt.
(h) Appropriations.--There is appropriated $13,000,000 per State
for the Attorney General to carry out this section, to be derived from
the unobligated balances of amounts previously appropriated as follows:
(1) The unobligated balance of all amounts made available
to the Attorney General to prevent, prepare for, or respond to
the coronavirus as of the date of the enactment of the ``Swift
Act of 2023''.
(2) To the extent the unobligated balances described in
paragraph (1) do not exceed $650,000,000, an additional amount
representing the difference between the amount described in
paragraph (1) and $650,000,000, derived from the unobligated
balances of amounts appropriated by Public Law 117-169
(commonly referred to as the Inflation Reduction Act of 2022)
for the Internal Revenue Service.
(3) To the extent the unobligated balances described in
paragraphs (1) and (2) do not exceed $650,000,000, an
additional amount representing the difference between the
amount described in paragraphs (1) and (2) and $650,000,000,
derived from the unobligated balances of amounts appropriated
to pay any interest or debt owed by the United States to the
People's Republic of China, or from any amounts made available
to provide United States assistance to the People's Republic of
China.
(i) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee''
includes any employee of any covered entity who directly, or
has the potential to directly, interact with an individual who
has been a victim of sexual assault, sexual violence, or
domestic violence, including nurses, doctors, physician
assistants, law enforcement officers, and first responders.
(2) Covered entity.--The term ``covered entity'' includes
any entity that employs a covered employee.
SEC. 4. PROHIBITION ON AVAILABILITY OF FUNDS FOR FOREIGN COUNTRIES THAT
CRIMINALIZE OR DISCRIMINATE BASED ON GENDER.
(a) Prohibition.--Except as provided in subsection (b), no Federal
funds may be obligated or expended to provide assistance, directly or
indirectly, to a country described in subsection (c) for five calendar
years.
(b) Exception.--
(1) In general.--The President may authorize an obligation
or expenditure of Federal funds to assist a country described
in subsection (c) only if the President determines, on a case-
by-case basis, that such proposed obligation or expenditure is
vital to the national security interests of the United States.
(2) Briefing.--Upon making a determination under paragraph
(1), the President, acting through the Secretary of State,
shall provide to the appropriate congressional committees and
congressional leadership a briefing on such determination.
(c) Countries Described.--A country described in this subsection is
a foreign country the government of which the President determines has
enacted or established and is implementing any provision of law, or
provision which has the force and effect of law, that criminalizes or
discriminates on the basis of gender, including through such provisions
that, on the basis of gender--
(1) limit or prohibit women from--
(A) enrolling in or attending any educational
institution, school, or other program of instruction,
or otherwise seeking or receiving education activities;
(B) operating a vehicle;
(C) freely exercising any religion; or
(D) walking or otherwise traveling without a male
escort; or
(2) authorize (including as a form of punishment) female
genital mutilation, sexual abuse, beheading, or any other
practice that targets the lives of women.
(d) Pay Off the National Debt.--Any Federal funds not obligated or
expended to provide assistance, directly or indirectly, to a country
described in subsection (c) pursuant to subsection (a) or any Federal
funds remaining for that fiscal year or previous years for such purpose
shall be used to pay off the national debt.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(B) The Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) Congressional leadership.--The term ``congressional
leadership'' means the following:
(A) The Speaker of the House of Representatives.
(B) The minority leader of the House of
Representatives.
(C) The majority leader of the Senate.
(D) The minority leader of the Senate.
(f) Effective Date.--This Act shall take effect on the date that is
180 days after the date of the enactment of this Act.
SEC. 5. FUNDING FOR PREVENTION AND RESPONSE TO SEXUAL VIOLENCE.
There is appropriated $13,000,000 for the Director of the Centers
for Disease Control and Prevention to carry out the Rape Prevention and
Education Program, to be derived from the unobligated balances of
amounts previously appropriated as follows:
(1) The unobligated balance of all amounts made available
Director of the Centers for Disease Control and Prevention to
prevent, prepare for, or respond to the coronavirus as of the
date of the enactment of the ``Swift Act of 2023''.
(2) To the extent the unobligated balances described in
paragraph (1) do not exceed $13,000,000, an additional amount
representing the difference between the amount described in
paragraph (1) and $13,000,000, derived from the unobligated
balances of amounts appropriated by Public Law 117-169
(commonly referred to as the Inflation Reduction Act of 2022)
for the Internal Revenue Service.
(3) To the extent the unobligated balances described in
paragraphs (1) and (2) do not exceed $13,000,000, an additional
amount representing the difference between the amount described
in paragraphs (1) and (2) and $13,000,000, derived from the
unobligated balances of amounts appropriated to pay any
interest or debt owed by the United States to the People's
Republic of China, or from any amounts made available to
provide United States assistance to the People's Republic of
China.
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