H.R.6545 - Violence Against Women Reauthorization Act of 2018 115th Congress (2017-2018)
Bill
Hide Overview| Sponsor: | Rep. Jackson Lee, Sheila [D-TX-18] (Introduced 07/26/2018) |
|---|---|
| Committees: | House - Judiciary; Energy and Commerce; Financial Services; Ways and Means; Natural Resources; Education and the Workforce |
| Latest Action: | House - 09/19/2018 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions) |
| Tracker: Tip | This bill has the status Introduced Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Crime and Law Enforcement
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Text: H.R.6545 — 115th Congress (2017-2018) All Information (Except Text)
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Introduced in House (07/26/2018)
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6545 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6545
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2018
Ms. Jackson Lee (for herself, Mr. Nadler, Ms. Pelosi, Mr. Hoyer, Ms.
Frankel of Florida, Mrs. Lawrence, Ms. Kuster of New Hampshire, Mrs.
Dingell, Ms. Moore, Ms. Speier, Ms. Maxine Waters of California, Ms.
Jayapal, Ms. McCollum, Mr. Welch, Ms. Schakowsky, Ms. Gabbard, Mr.
Raskin, Mr. Espaillat, Mr. Courtney, Mr. Brendan F. Boyle of
Pennsylvania, Ms. Shea-Porter, Mr. Vela, Ms. Blunt Rochester, Mr.
Cohen, Mrs. Napolitano, Mr. Khanna, Ms. Clark of Massachusetts, Ms.
Barragan, Mr. Gutierrez, Mr. Cicilline, Mr. McGovern, Ms. Wilson of
Florida, Mr. Ted Lieu of California, Mr. Brown of Maryland, Ms. Titus,
Ms. Roybal-Allard, Mr. Carson of Indiana, Ms. Bass, Ms. Wasserman
Schultz, Mr. Swalwell of California, Ms. Eddie Bernice Johnson of
Texas, Mr. Quigley, Ms. Norton, Ms. Brownley of California, Mr.
Doggett, Ms. Bonamici, Mr. Crist, Mr. Cardenas, Mrs. Torres, Mr.
Jeffries, Mr. Danny K. Davis of Illinois, Mr. Evans, Mr. Payne, Ms.
Lee, Mr. David Scott of Georgia, Mr. Hastings, Mr. Schneider, Ms.
DeLauro, Mr. McEachin, Mr. Kildee, Mr. Brady of Pennsylvania, Mr.
Takano, Mr. Sablan, Ms. Hanabusa, Mr. Johnson of Georgia, Mr. Al Green
of Texas, Ms. DeGette, Mr. Cleaver, Mrs. Lowey, Mr. Panetta, Mr.
Pallone, Mr. Sean Patrick Maloney of New York, Mr. Suozzi, Mr.
Sarbanes, Ms. Kelly of Illinois, Mr. DeSaulnier, Ms. DelBene, Ms.
Matsui, Mr. Thompson of California, Mr. Kind, Mr. Gene Green of Texas,
Mr. Kilmer, Mr. Lamb, Ms. Judy Chu of California, Mr. Clyburn, Mr.
Foster, Ms. Adams, Mr. Scott of Virginia, Ms. Fudge, Mr. Veasey, Mr.
Huffman, Ms. Lofgren, Mr. Ruppersberger, Mrs. Davis of California, Mr.
Nolan, Mr. O'Halleran, Ms. Michelle Lujan Grisham of New Mexico, Ms.
Rosen, Ms. Eshoo, Mrs. Carolyn B. Maloney of New York, Ms. Bordallo,
Mr. Lewis of Georgia, Mr. Delaney, Ms. Tsongas, and Ms. Castor of
Florida) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Energy
and Commerce, Financial Services, Ways and Means, Natural Resources,
and Education and the Workforce, 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 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 Reauthorization Act of 2018''.
(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.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
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.
Sec. 106. Full faith and credit given to protection orders.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, AND SEXUAL ASSAULT
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement
assistance.
Sec. 203. Training and services to end violence against people with
disabilities grants.
Sec. 204. Training and services to end abuse in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the Centers for Disease Control and
Prevention.
Sec. 402. Saving Money and Reducing Tragedies through Prevention
grants.
TITLE V--HEALTHCARE SYSTEMS RESPONSE
Sec. 501. Grants to strengthen the healthcare systems response to
domestic violence, dating violence, sexual
assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Administrative and judicial mechanisms.
Sec. 603. Transitional housing assistance grants for child victims of
domestic violence, stalking, or sexual
assault.
Sec. 604. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and
stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
Sec. 701. National resource center on workplace responses to assist
victims of domestic and sexual violence.
Sec. 702. Entitlement to unemployment compensation for victims of
sexual or other harassment, domestic
violence, dating violence, sexual assault,
or stalking.
Sec. 703. Study and reports on survivors' access to economic security.
Sec. 704. GAO Study.
Sec. 705. Education and information programs for survivors.
Sec. 706. Severability.
TITLE VIII--REDUCING HOMICIDES AND IMPROVING PUBLIC SAFETY
Sec. 801. Intimate partner and misdemeanor crime of domestic violence
defined.
Sec. 802. Prohibiting persons convicted of stalking from possessing
firearms.
Sec. 803. Unlawful sale of firearm to a person subject to a protection
order.
Sec. 804. Notification to law enforcement agencies of prohibited
purchase or attempted purchase of a
firearm.
Sec. 805. Reporting of background check denials to state, local, and
tribal authorities.
Sec. 806. Special assistant United States Attorneys and cross-deputized
attorneys.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings and purposes.
Sec. 902. Definitions.
Sec. 903. Improving tribal access to Federal crime information
databases.
Sec. 904. Standardized protocols for responding to cases of missing and
murdered Indians.
Sec. 905. Annual reporting requirements.
Sec. 906. Tribal jurisdiction over crimes of domestic violence, sexual
violence, sex trafficking, stalking, child
violence, and violence against law
enforcement officers.
Sec. 907. Authorizing funding for the tribal access program.
Sec. 908. Criminal trespass on Indian land.
TITLE X--OFFICE ON VIOLENCE AGAINST WOMEN
Sec. 1001. Office on Violence Against Women.
TITLE XI--INCARCERATED WOMEN
Sec. 1101. Treatment of pregnant women and other individuals in
corrections.
Sec. 1102. Public health and safety of women.
TITLE XII--OTHER MATTERS
Sec. 1201. National stalker and domestic violence reduction.
Sec. 1202. Federal victim assistants Reauthorization.
Sec. 1203. Child abuse training programs for judicial personnel and
practitioners.
Sec. 1204. Sex offender management.
Sec. 1205. Court-appointed special advocate program.
Sec. 1206. Rape kit backlog.
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (34) through
paragraph (45) as paragraphs (39) through (50);
(B) by inserting after paragraph (33) the
following:
``(38) Technological abuse.--The term `technological abuse'
means behavior intended to harm, threaten, intimidate, control,
stalk, harass, impersonate, or monitor another person, except
as otherwise permitted by law, that occurs via the Internet,
social networking sites, computers, mobile devices, cellular
telephones, apps, location tracking devices, instant messages,
text messages, or other forms of technology. Technological
abuse may include--
``(A) unwanted, repeated telephone calls, text
messages, instant messages, or social media posts;
``(B) non-consensual access of e-mail accounts,
texts or instant messaging accounts, social networking
accounts, or cellular telephone logs;
``(C) attempting to control or restrict a person's
ability to access technology with the intent to isolate
them from support and social connection;
``(D) using tracking devices or location tracking
software for the purpose of monitoring or stalking
another person's location;
``(E) impersonation of a person with the intent to
deceive or cause harm through the use of spoofing
technology or the creation of fake email or social
media accounts; or
``(F) pressuring for or sharing of another person's
private information, photographs, or videos without
their consent.'';
(C) in paragraph (19)(B), by striking ``and
probation'' and inserting ``probation , and vacatur or
expungement'';
(D) by redesignating paragraphs (12) through (33)
as paragraphs (16) through (37);
(E) by striking paragraph (11) and inserting the
following:
``(13) Digital services.--The term `digital services' means
services, resources, information, support or referrals provided
through electronic communications platforms and media, whether
via mobile phone technology, video technology, or computer
technology, including utilizing the internet, as well as any
other emerging communications technologies that are appropriate
for the purposes of providing services, resources, information,
support, or referrals for the benefit of victims of domestic
violence, dating violence, sexual assault, or stalking.
``(14) 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--
``(A) restricting access to a person's money,
assets, credit, or financial information;
``(B) unfairly using a person's economic resources,
including money, assets, and credit, for one's own
advantage; or
``(C) exerting 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.
``(15) Forced marriage.--The term `forced marriage' means a
marriage to which one or both parties do not or cannot consent,
and in which one or more elements of force, fraud, or coercion
is present. Forced marriage can be both a cause and a
consequence of domestic violence, dating violence, sexual
assault or stalking.'';
(F) by redesignating paragraphs (9) and (10) as
paragraphs (11) and (12), respectively;
(G) by amending paragraph (8) to read as follows:
``(10) Domestic violence.--The term `domestic violence'
means a pattern of behavior involving the use or attempted use
of physical, sexual, verbal, emotional, economic, or
technological abuse or any other coercive behavior committed,
enabled, or solicited to gain or maintain power and control
over a victim, by a person who--
``(A) is a current or former spouse or dating
partner of the victim, or other person similarly
situated to a spouse of the victim under the family or
domestic violence laws of the jurisdiction;
``(B) is cohabitating with or has cohabitated with
the victim as a spouse or dating partner, or other
person similarly situated to a spouse of the victim
under the family or domestic violence laws of the
jurisdiction;
``(C) shares a child in common with the victim;
``(D) is an adult family member of, or paid or
nonpaid caregiver for, a victim aged 50 or older or an
adult victim with disabilities; or
``(E) commits acts against a youth or adult victim
who is protected from the those acts under the family
or domestic violence laws of the jurisdiction.''.
(H) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively;
(I) by amending paragraph (5) to read as follows:
``(7) Court-based and court-related personnel.--The term
`court-based personnel' and `court-related personnel' means
persons working in the court, whether paid or volunteer,
including--
``(A) clerks, special masters, domestic relations
officers, administrators, mediators, custody
evaluators, guardians ad litem, lawyers, negotiators,
probation, parole, interpreters, victim assistants,
victim advocates, and judicial, administrative, or any
other professionals or personnel similarly involved in
the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary
offices or programs (such as child support
enforcement); and
``(D) any other court-based or community-based
personnel having responsibilities or authority to
address domestic violence, dating violence, sexual
assault, or stalking in the court system.''.
(J) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6) respectively;
(K) by inserting after paragraph (1) the following:
``(3) Alternative justice response.--The term `alternative
justice response' means a process, whether court-ordered or
community-based, that--
``(A) involves, on a voluntary basis, and to the
extent possible, those who have committed a specific
offense and those who have been harmed as a result of
the offense;
``(B) has the goal of collectively seeking
accountability from the accused, and developing a
process whereby the accused will take responsibility
for his or her actions, and a plan for providing relief
to those harmed, through allocution, restitution,
community service, or other processes upon which the
victim, the accused, the community, and court can
agree;
``(C) is conducted in a framework that protects
victim safety and supports victim autonomy; and
``(D) provides that information derived from such
process may not be used for any other law enforcement
purpose, including impeachment or prosecution without
the express permission of all participants.''.
(L) by redesignating paragraph (1) as paragraph
(2); and
(M) by inserting before paragraph (2) (as
redesignated in subparagraph (L) of this paragraph) the
following:
``(1) Abuse in later life.--The term `abuse in later life'
means willful harm, neglect, abandonment, or economic abuse of
an adult over the age of 50 by a person in an ongoing,
relationship of trust with the victim, or the sexual assault of
an adult over the age of 50 by any person. Self-neglect and
harms committed by strangers are not included in this
definition. All references to the term `elder abuse' as
formerly defined in this section shall be supplanted by the
term `abuse in later life'.''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (F) and
(G) as subparagraphs (H) and (I);
(ii) by inserting after subparagraph (E)
the following:
``(G) Death of the party whose privacy had been
protected.--In the event of the death of any victim
whose privacy had been protected by this section, the
confidentiality requirements as described above will
continue to apply, and release of any confidential or
protected information will be vested in the next of
kin, except that consent for release of the deceased
victim's information may not be given by a person who
had perpetrated abuse against the deceased victim.'';
(iii) by redesignating subparagraphs (D)
through (E) as subparagraphs (E) through (F);
and
(iv) by inserting after subparagraph (C)
the following:
``(D) Use of technology.--Grantees and subgrantees
may use telephone, internet, and other technologies to
protect the privacy, location and help-seeking
activities of victims using services. Such technologies
may include--
``(i) software, apps or hardware that block
caller ID or IP addresses, including instances
in which victims use digital services; or
``(ii) technologies or protocols that
inhibit or prevent a perpetrator's attempts to
use technology or social media to threaten,
harass or harm the victim, the victim's family,
friends, neighbors or co-workers, or the
program providing services to them.'';
(B) in paragraph (3), by inserting after ``designed
to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking,'' the
following: ``provided that the confidentiality and
privacy requirements of this title are maintained, and
that personally identifying information about adult,
youth and child victims of domestic violence, dating
violence, sexual assault and stalking are not requested
or included in any such collaboration or information-
sharing'';
(C) in paragraph (6), by adding at the end the
following: ``However, such disbursing agencies must
ensure that the confidentiality and privacy
requirements of this title are maintained in making
such reports, and that personally identifying
information about adult, youth and child victims of
domestic violence, dating violence, sexual assault and
stalking are not requested or included in any such
reports.'';
(D) in paragraph (11), by adding at the end the
following: ``The Office on Violence Against Women is
encouraged to 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.'';
(E) in paragraph (12), by striking ``(42 U.S.C.
3796gg-6(d))'' and inserting ``(34 U.S.C. 20121(d))'';
(F) in paragraph (13)--
(i) in subparagraph (A), by inserting after
``the Violence Against Women Reauthorization
Act of 2013'' the following: ``(Public Law 113-
4; 127 Stat. 54)''; and
(ii) in subparagraph (C), by striking
``section 3789d of title 42, United States
Code'' and inserting ``section 809 of title I
of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10228)'';
(G) in paragraph (14), by inserting after ``are
also victims of'' the following: ``forced marriage,
or''; and
(H) in paragraph (16)(C)(i), by striking
``$20,000'' and inserting ``$100,000''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS.
(a) In General.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended--
(1) in section 2001(b)--
(A) in paragraph (9)--
(i) by striking ``older and disabled
women'' and inserting ``people 50 years of age
or over and people with disabilities''; and
(ii) by striking ``older and disabled
individuals'' and inserting ``people'';
(B) in paragraph (19), by striking ``and'' at the
end;
(C) in paragraph (20), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after paragraph (20), the
following:
``(21) developing and implementing policies, procedures,
protocols, laws, regulations, or training to ensure the
relinquishment of a dangerous weapon possessed by an individual
to a law enforcement officer, in order to enhance victim and
community safety, in the case that the individual--
``(A)(i) is subject to a protective or other
restraining order issued by a Federal, State, tribal,
or local court; or
``(ii) has been convicted of a misdemeanor
or felony crime of domestic violence, dating
violence, sexual assault, or stalking in a
Federal, State, tribal, or local court; and
``(B) the court has ordered the individual to
relinquish dangerous weapons that the individual
illegally possesses or has used in the commission of a
crime described in subparagraph (A)(ii),
which policies, procedures, protocols, laws, regulations, or
training include the safest means of recovery of, and best
practices for storage of, relinquished and recovered dangerous
weapons and their return, when applicable, at such time as the
individual is no longer prohibited from possessing such weapons
under Federal, State, or tribal law, or posted local
ordinances.'';
(2) in section 2007--
(A) in subsection (d)--
(i) by redesignating paragraphs (5) and (6)
as paragraphs (8) and (9), respectively; and
(ii) by inserting after paragraph (4) the
following:
``(5) proof of compliance with the requirements regarding
protocols to strongly discourage compelling victim testimony,
described in section 2017;
``(6) proof of compliance with the requirements regarding
law enforcement to improve community safety under section 2018;
``(7) proof of compliance with the requirements regarding
civil rights under section 40002(b)(13) of the Violent Crime
Control and Law Enforcement Act of 1994;''.
(B) in subsection (i)--
(i) in paragraph (1), by inserting before
the semicolon at the end the following: ``and
the requirements under section 40002(b) of the
Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12291(b))''; and
(ii) in paragraph (2)(C)(iv), by inserting
after ``ethnicity,'' the following: ``sexual
orientation, gender identity,'';
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
``In order to be eligible for a grant under this part, a State,
Indian tribal government, territorial government, or unit of local
government shall certify that, not later than March 7, 2022, their
laws, policies, or practices will ensure--
``(1) that the use of bench warrants, material witness
warrants, perjury charges, or other means of compelling victim-
witness testimony in the investigation, prosecution, trial, or
sentencing of a crime related to the domestic violence, sexual
assault, dating violence or stalking of the victim, is
discouraged; and
``(2) that the surrender, removal, and storage of firearms
and ammunition from persons prohibited from possessing firearms
under paragraphs (8) or (9) of section 922(g) of title 18,
United States Code, State law, tribal law, or local ordinance,
is carried out in a manner to ensure victim and community
safety.
``SEC. 2018. GRANT ELIGIBILITY REGARDING LAW ENFORCEMENT IMPROVEMENT OF
COMMUNITY SAFETY.
``In order to be eligible for grants under this subchapter, a
State, Indian tribal government, territorial government, or unit of
local government shall certify that, not later than March 7, 2022,
their laws, policies, or practices will include a detailed protocol
regarding the surrender, removal and storage of firearms and ammunition
from persons prohibited from possessing firearms or ammunition under
paragraph (8) or (9) of section 922 of title 18, United States Code, or
under State law, tribal law, or local posted ordinance.''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(18)) is amended by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.
(a) In General.--Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10461) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``proarrest'' and
inserting ``offender accountability and homicide
reduction'';
(B) in paragraph (8)--
(i) by inserting after ``instances of'' the
following: ``abuse in later life,'';
(ii) by striking ``older individuals (as
defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002))'' and inserting
``people 50 years of age or over''; and
(iii) by striking ``individuals with
disabilities (as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102(2)))'' and inserting ``people with
disabilities (as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102(2)))'';
(C) in paragraph (19), by inserting before the
period at the end the following ``, including
underserved victims''; and
(D) by adding at the end the following:
``(23) To develop and implement an alternative justice
response that is focused on victim autonomy and agency,
accountability of the accused to community and the victim, and
community, survivor, and law enforcement safety in order to
secure accountability and provide resolution and restitution
for the victim, and which--
``(A) provides that a victim's participation in
such a response is voluntary;
``(B) consists of a framework, whether court or
community initiated, that protects victim safety and
supports victim autonomy throughout the process; and
``(C) provides that any information derived from
such process may not be used for any other law
enforcement purpose, including impeachment or
prosecution without the express permission of all
participants.
``(24) To carry out policies, procedures, protocols, laws,
or regulations intended to enhance victim and community safety
in relation to the surrender, removal, and storage of firearms
and ammunition from persons prohibited from possessing firearms
under paragraphs (8) or (9) of section 922(g) of title 18,
United States Code, State law, tribal law, or local
ordinance.''; and
(2) 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), by striking ``and'' at the
end; and
(C) by inserting after subparagraph (E) the
following:
``(F) certify that, not later than 3 years after
the date of the enactment of the Violence Against Women
Reauthorization Act of 2018, their laws, policies, or
practices will ensure that the use of bench warrants,
material witness warrants, perjury charges, or other
means of compelling victim-witness testimony in the
investigation, prosecution, trial, or sentencing of a
crime related to the domestic violence, sexual assault,
dating violence or stalking of the victim, is
discouraged; and
``(G) certify that, not later than 3 years after
the date of the enactment of the Violence Against Women
Reauthorization Act of 2018, their laws, policies, or
practices will ensure that the surrender, removal, and
storage of firearms and ammunition from persons
prohibited from possessing firearms under paragraphs
(8) or (9) of section 922(g) of title 18, United States
Code, State law, tribal law, or local ordinance is
carried out in a manner to ensure victim and community
safety; and''.
(b) Authorization of Appropriations.--Section 1001(a)(19) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(19)) is amended by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
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: ``, or to provide such legal
assistance to a dependant of such a victim''; and
(2) in subsection (f)(1), by striking ``2014 through 2018''
and inserting ``2019 through 2023''.
SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
(1) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8)--
(i) by striking ``to improve'' and
inserting ``improve''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by inserting after paragraph (8) the following:
``(9) develop and implement an alternative justice response
that is focused on victim autonomy and agency, accountability
of the accused to community and the victim, and community,
survivor, and law enforcement safety in order to secure
accountability and provide resolution and restitution for the
victim, and which--
``(A) provides that a victim's participation in
such a response is voluntary;
``(B) consists of a framework, whether court or
community initiated, that protects victim safety and
supports victim autonomy throughout the process; and
``(C) provides that any information derived from
such process may not be used for any other law
enforcement purpose, including impeachment or
prosecution without the express permission of all
participants; and
``(10) developing and implementing policies, procedures,
protocols, laws, or regulations intended to enhance victim and
community safety in relation to the surrender, removal and
storage of firearms and ammunition from persons prohibited from
possessing firearms or ammunition under paragraph (8) or (9) of
section 922(g) of title 18, United States Code, or under State
law, tribal law, or local posted ordinance.''; and
(2) in subsection (e), by striking ``2014 through 2018''
and inserting ``2019 through 2023''.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.
Section 120(g) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20123(g)) is amended by
striking ``2014 through 2018'' and inserting ``2019 through 2023''.
SEC. 106. FULL FAITH AND CREDIT GIVEN TO PROTECTION ORDERS.
Section 2265(d)(3) of title 18, United States Code, is amended by
adding at the end the following: ``The prohibition under this paragraph
applies to all protection orders in a State, territorial, or tribal
jurisdiction, whether or not the protection order was issued by that
State, territory, or tribal jurisdiction.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, AND SEXUAL ASSAULT
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601(f)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511(f)(1)) is amended by striking
``2014 through 2018'' and inserting ``2019 through 2023''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
Section 40295 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12341) is amended--
(1) in subsection (a)(3), by striking ``women and
children'' and inserting ``children, youths, and adults''; and
(2) in subsection (e)(1), by striking ``2014 through 2018''
and inserting ``2019 through 2023''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST PEOPLE WITH
DISABILITIES GRANTS.
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, by striking ``women'' and inserting
``people'';
(2) in subsection (a), by striking ``individuals'' each
place it appears and inserting ``people'';
(3) in subsection (b)--
(A) by striking ``disabled individuals'' each place
it appears and inserting ``people with disabilities'';
(B) in paragraph (3), by inserting after ``law
enforcement'' the following: ``and other first
responders''; and
(C) in paragraph (8), by striking ``providing
advocacy and intervention services within'' and
inserting ``to enhance the capacity of'';
(4) in subsection (c), by striking ``disabled individuals''
and inserting ``people with disabilities''; and
(5) in subsection (e), by striking ``2014 through 2018''
and inserting ``2019 through 2023''.
SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Section 40801 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12421)--
(1) in the heading, by striking ``enhanced training'' and
inserting ``training'';
(2) by striking subsection (a);
(3) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``stalking, exploitation,
or neglect'' each place it appears and
inserting ``or stalking'';
(ii) in subparagraph (A)--
(I) in clause (i), by striking
``elder abuse'' and inserting ``abuse
in later life''; and
(II) in clause (iv), by striking
``and courts'' and inserting ``courts,
and other professionals who may
identify or respond to abuse in later
life''; and
(iii) in subparagraph (B)(i), by striking
``or other community-based organizations'' and
inserting ``community-based organizations, or
other professionals who may identify or respond
to abuse in later life'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``over
50 years of age'' and inserting ``50 years of
age or over''; and
(ii) in subparagraph (B), by striking ``in
later life'' and inserting ``50 years of age or
over''; and
(C) in paragraph (5), by striking ``2014 through
2018'' and inserting ``2019 through 2023''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
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 other digital
services''; and
(B) in paragraph (7), by striking ``sexual
assault'' and inserting ``sexual violence, including
sexual assault and sexual harassment'';
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``$50,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$150,000,000 for each of fiscal years 2019 through
2023''; and
(B) by adding at the end the following:
``(4) Formula grants.--Of the total amount made available
under this subsection in each fiscal year, not less than 80
percent shall be available for formula grants to States for the
purpose of State and local rape prevention activities.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH.
Section 41201 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12451) is amended--
(1) in subsection (a)--
(A) by striking ``stalking, or sex trafficking''
and inserting ``or stalking''; and
(B) by adding at the end the following: ``Grants
awarded under this section may be used to address sex
trafficking or bullying as part of a comprehensive
program focused primarily on domestic violence, dating
violence, sexual assault, or stalking.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting after ``target youth,''
the following: ``, including youth in
underserved communities,'';
(ii) by striking ``stalking, and sex
trafficking'' each place it appears and
inserting ``and stalking'';
(iii) by striking ``stalking, or sex
trafficking'' each place it appears and
inserting ``or stalking'';
(iv) in subparagraph (B), by striking
``or'' at the end;
(v) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(vi) by inserting after subparagraph (C)
the following:
``(D) clarify State or local mandatory reporting
policies and practices regarding peer-to-peer dating
violence, sexual assault, and stalking.''; and
(B) in paragraph (2)--
(i) by striking ``stalking, or sex
trafficking'' each place it appears and
inserting ``or stalking'';
(ii) in subparagraph (C), by inserting
``confidential'' before ``support services'';
(iii) in subparagraph (D), by striking
``stalking, and sex trafficking'' and inserting
``and stalking''; and
(iv) in subparagraph (E), by inserting
after ``programming for youth'' the following:
``, including youth in underserved
communities,'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``stalking, or
sex trafficking'' and inserting ``or stalking''; and
(B) in paragraph (2), by striking ``paragraph (1)''
and inserting ``subparagraph (A) or (B) of paragraph
(1)'';
(4) in subsection (d), by striking ``stalking, and sex
trafficking'' and inserting ``and stalking, including training
on working with youth in underserved communities''; and
(5) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$25,000,000
for each of fiscal years 2019 through 2023''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20125) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking the second
sentence;
(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, for students, that is age-appropriate,
culturally relevant, delivered in multiple venues on campus,
accessible, develops approaches to promote social norms
changes, and engages men and boys in preventing domestic
violence, dating violence, sexual assault, and stalking, with
the goal of developing respectful, nonviolent behavior. Such
programming should be developed in partnership or
collaboratively with experts in 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 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.'';
(2) in subsection (c)(3), by striking ``fiscal years 2014
through 2018'' and inserting ``2019 through 2023'';
(3) in subsection (d)--
(A) in paragraph (3)(B), by striking ``for all
incoming students'' and inserting ``for all students'';
and
(B) in paragraph (4)(C), by inserting after
``sex,'' the following: ``sexual orientation, gender
identity,''; and
(4) in subsection (e), by striking ``$12,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$16,000,000
for each of fiscal years 2019 through 2023''.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 280b-4) is amended--
(1) in subsection (b), by striking ``violence against
women'' and inserting ``violence against adults, youth,''; and
(2) in subsection (c), by striking ``2014 through 2018''
and inserting ``2018 through 2023''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
GRANTS.
Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
12463) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) strategies within each of these areas
addressing underserved communities.'';
(2) 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 significant focus on underserved
populations.'';
(3) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$45,000,000
for each of fiscal years 2019 through 2023''; and
(4) in subsection (g), by inserting ``, with remaining
funds available to be distributed to any of the purposes or a
comprehensive project addressing more than one purpose area''
before the period at the end.
TITLE V--HEALTHCARE SYSTEMS RESPONSE
SEC. 501. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEMS RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Section 399P of the Public Health Service Act (42 U.S.C. 280g-4) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) 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.'';
(2) in subsection (b)(1)--
(A) in subparagraph (B)(ii)--
(i) by striking ``on site access to''; and
(ii) by striking ``to model other services
appropriate to the geographic and cultural
needs of a site'' and inserting ``by providing
funding to state domestic and sexual violence
coalitions to improve their capacity to
coordinate and support health advocates and
other health system partnerships'';
(B) in subparagraph (B)(iv)--
(i) by adding before the period at the end
the following: ``, with priority given to
programs administered through the Health
Resources and Services Administration, Office
of Women's Health'';
(3) in subsection (b)(2)(A)--
(A) in the heading, by striking ``Child and elder
abuse'' and inserting the following: ``Child abuse and
abuse in later life''; and
(B) by striking ``child or elder abuse'' and
inserting the following: ``child abuse or abuse in
later life'';
(4) in subsection (b)(2)(C)(i), by striking ``elder abuse''
and inserting ``abuse in later life''; and
(5) in subsection (g), by striking ``2014 through 2018''
and inserting ``2018 through 2023''.
TITLE VI--SAFE HOMES FOR VICTIMS
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 41411 of the Violence Against Women Act of 1994 (34 U.S.C.
12491) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``brother,
sister,'' and inserting ``sibling,''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting
before the semicolon at the end the following:
``including the direct loan program under such
section'';
(ii) in subparagraph (D), by striking
``subtitle A'' and inserting ``subtitles B
through F'';
(iii) in subparagraph (I), by striking
``and'' at the end;
(iv) in subparagraph (J) by striking the
period at the end and inserting a semicolon;
and
(v) by inserting after subparagraph (J) the
following:
``(K) the program under section 1010 of the Housing
and Urban Development Act of 1965;
``(L) the Housing Trust Fund established under
section 1338 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992; and
``(M) such other federal housing programs or
federally subsidized units providing affordable housing
to low-income persons by means of restricted rents or
rental assistance as identified by the appropriate
agency.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking ``No person'' and inserting
the following:
``(i) In general.--No person''; and
(ii) by adding at the end the following:
``(ii) Limitation on termination.--No
person may terminate assistance, tenancy, or
occupancy rights to housing assisted under a
covered housing program to a tenant solely on
the basis of criminal activity, including drug-
related criminal activity, engaged in by the
perpetrator of the domestic violence, dating
violence, sexual assault, or stalking, if the
tenant or an affiliated individual of the
tenant seeks an emergency transfer,
bifurcation, or pursues other means to exclude
the perpetrator from the assisted housing.'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting after ``a
public housing agency'' the following: ``,
participating jurisdictions, Continuums of
Care, grantees,'';
(ii) in clause (ii), by inserting after
``public housing agency'' each place it appears
the following: ``, participating jurisdictions,
Continuums of Care, grantees,'';
(C) by redesignating subparagraph (C) as
subparagraph (E); and
(D) by inserting after subparagraph (B) the
following:
``(C) Victim housing protection.--If a family
break-up results from an occurrence of domestic
violence, dating violence, sexual assault, or stalking,
the covered housing provider must ensure that the
victim retains the assistance.
``(D) Early termination.--A public housing agency,
participating jurisdictions, Continuums of Care,
grantees, or owner or manager of housing assisted under
a covered housing program must permit a tenant assisted
under a covered housing program to terminate the lease
early, without penalty, if the tenant has been a victim
of domestic violence, dating violence, sexual assault,
or stalking and the tenant--
``(i) expressly sends notice of the early
lease termination in writing; and
``(ii)(I) the tenant reasonably believes
that the tenant is threatened with imminent
harm from further violence if the tenant
remains within the same dwelling unit subject
to the lease; or
``(II) in the case of a tenant who is a
victim of sexual assault, the sexual assault
occurred on the premises during the 90 day
period preceding the request for lease
termination. The lease shall terminate as of
the date of lease termination stated in the
notice.'';
(3) in subsection (e)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a model emergency'' and
inserting ``an emergency'';
(ii) by inserting after ``public housing
agencies'' the following: ``, participating
jurisdictions, Continuums of Care, grantees,'';
and
(iii) by striking ``under covered housing
programs that'' and inserting ``under covered
housing programs. Covered housing providers
shall adopt policies that'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``allows'' and
inserting ``allow''; and
(II) by striking ``transfer to
another available and safe dwelling
unit assisted under a covered housing
program if'' and inserting the
following: ``make external and internal
transfers to another available and safe
dwelling unit assisted under a the same
or different covered housing program,
whether or not the dwelling unit is
owned or managed by the covered housing
provider if''; and
(ii) in subparagraph (B)(ii), by striking
``and'' at the end;
(C) in paragraph (2)--
(i) by striking ``reasonable'' before
``confidentiality measures'';
(ii) by inserting after ``public housing
agency'' the following: ``, participating
jurisdictions, Continuums of Care, grantees,'';
and
(iii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) make internal and external emergency transfers, in
coordination with local Continuums of Care, mandatory for
housing providers;
``(4) provide that internal and external emergency
transfers take priority over all other emergency transfers
except for emergency transfers due to reasonable accommodation
requests and other emergency health and safety needs;
``(5) provide that internal and external emergency
transfers take priority over other individuals on waiting
lists;
``(6) permit covered housing providers, if a transfer unit
is not immediately available, to transfer, on a temporary
basis, tenants to non-covered housing while a permanent
internal or external transfer unit is available;
``(7) require that tenants moved on a temporary basis to
non-covered housing until a permanent internal or external
transfer unit is available retains all of the assistance and
benefits of their covered housing program; and
``(8) incorporates an external emergency transfer protocol
to other covered housing programs within the geographic area of
the local Continuum of Care.
Tenants who are not in good standing may still request an emergency
transfer if they meet the eligibility requirements in this section.'';
(4) by redesignating subsection (g) as subsection (j); and
(5) by inserting after subsection (f) the following:
``(g) Memoranda of Understanding.--The local Continuum of Care
shall develop memoranda of understanding between all covered housing
programs within their territorial reach. The local Continuum of Care
shall facilitate emergency transfers between covered housing providers
within its geographic area and to housing providers within neighboring
Continua of Care.
``(h) Emergency Transfer Vouchers.--Provision of emergency transfer
vouchers to victims of domestic violence, dating violence, sexual
assault, or stalking under subsection (f), shall be considered an
eligible use of any funding for tenant protections that is provided
under the Tenant-Based Rental Assistance account of any Appropriations
Act providing such tenant funding, and the Secretary shall provide a
set-aside of at least $20,000,000 to be made available for 3,000 tenant
protection vouchers for victims of domestic violence, dating violence,
sexual assault, or stalking who require an emergency transfer from
their current assisted housing. The Secretary, to the maximum extent
practicable, shall authorize public housing authorities to set-aside up
to 20 percent of their Housing Choice Voucher funding to provide to
domestic violence and sexual assault programs in order to assist
victims of domestic violence, dating violence, sexual assault, and
stalking with a requested emergency transfer under subsection (e) of
Section 42 U.S.C.A. Sec. 14043(e)-11.
``(i) Final Regulations.--The head of each appropriate agency shall
issue final regulations to carry out this section not later than 180
days after the date of the enactment of the Violence Against Women
Reauthorization Act of 2018. Notwithstanding any other provision of
law, no rule or regulation pursuant to this chapter may become
effective unless it has first been published for public comment in the
Federal Register for at least 60 days, and published in final form for
at least 30 days.''.
SEC. 602. ADMINISTRATIVE AND JUDICIAL MECHANISMS.
(a) In General.--Chapter N 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. ADMINISTRATIVE ENFORCEMENT AND ENFORCEMENT BY SECRETARY,
ATTORNEY GENERAL, AND BY PRIVATE PERSONS.
``(a) In General.--A person who claims to have been injured by a
violation of the provisions of this chapter and subsequent amendments,
and as subsequently amended, or who believes that such person will be
injured by a violation that is about to occur, shall be deemed an
`aggrieved person' and the alleged violation shall be deemed an
`alleged discriminatory housing practice' for the purposes of sections
810 through 814 of the Fair Housing Act. The Secretary of Housing and
Urban Development, the Attorney General, and any aggrieved person shall
be provided the powers, remedies, and procedures set forth in such
sections in enforcing one or more provision of section 41411 of this
Act.
``(b) Definitions.--For the purposes of this chapter the
definitions set forth in section 802 of the Fair Housing Act shall
apply.
``(c) Rule of Construction.--Nothing in this section is intended to
limit a person's right to pursue any other remedy or civil action
concerning a violation of section 41411.
``SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIOLENCE
AGAINST WOMEN DIRECTOR.
``(a) Establishment.--There is established within the Department of
Housing and Urban Development a Violence Against Women Director.
``(b) Duties.--The Violence Against Women Director shall--
``(1) support enforcement and implementation of the
provisions of this chapter;
``(2) coordinate development of Federal regulations,
policy, protocols, and guidelines on matters relating to the
implementation of this chapter at each appropriate agency
administering a covered housing program:
``(3) coordinate and oversee the development and
establishment of an administrative complaint process in which
any person adversely impacted by a violation of this chapter
can file a complaint within the responsible agency;
``(4) advise designated officials within the United States
Interagency Council on Homelessness, Department of Housing and
Urban Development, Department of the Treasury, the Department
of Agriculture, and the Department of Justice concerning
legislation, implementation, and other issues relating to or
affecting the housing provisions under this chapter;
``(5) provide technical assistance, coordination, and
support to each appropriate agency administering a covered
housing program subject to this chapter regarding advancing
housing protections and access to housing for victims of
domestic violence, dating violence, sexual assault, and
stalking, including, but not limited to, compliance with this
chapter;
``(6) ensure that adequate technical assistance is made
available to owners, managers, and public housing agencies that
participate in covered housing programs regarding
implementation of this chapter, as well as other issues related
to advancing housing protections for victims of domestic
violence, dating violence, sexual assault, and stalking,
including, but not limited to, compliance with this chapter;
and
``(7) act as a liaison with the judicial branches of
Federal, State, and local governments on matters relating to
the housing needs of victims of domestic violence, dating
violence, sexual assault, and stalking.
``SEC. 41414. DATA COLLECTION AND OVERSIGHT.
``(a) In General.--The Assistant Secretary for Fair Housing and
Equal Opportunity shall collect and track complaints alleging
violations of this chapter, utilizing the current avenues by which the
Office of Fair Housing and Equal Opportunity obtains complaints
alleging violations of the Fair Housing Act, and other statutes the
Secretary has the authority to enforce.
``(b) Publication of Information.--On an annual basis, the
Assistant Secretary for Fair Housing and Equal Opportunity shall
publish and make publicly available information about complaints
alleging violations of this chapter and the resolution of such
complaints. In making this information available to the public, the
Assistant Secretary shall include the following:
``(1) The total number of complaints, as well as number of
complaints by HUD region, and how such complaints have been
resolved, if at all.
``(2) The types of covered housing programs involved.
``(3) The domestic violence, dating violence, sexual
assault, and stalking offenses involved.
``(4) Reported incidents of retaliation (including the
actual or threatened denial or termination of tenancy) against
victims of domestic violence, dating violence, sexual assault,
or stalking for their status as victims, or for asserting their
rights under this Act.
``(5) Categorizations of alleged violations of this
chapter, including--
``(A) the denial of assistance, tenancy, or
occupancy rights to housing assisted under a covered
housing program to a tenant or applicant on the basis
that the applicant or tenant is or has been a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(B) violation by a covered housing provider of
confidentiality provisions;
``(C) failure by a covered housing provider to
follow the notification requirements as outlined in
this chapter;
``(D) refusal to accept documentation as outlined
in this chapter; and
``(E) failure to comply with emergency transfer
requirements.
``(c) Publication of Methods of Collection.--The Assistant
Secretary for Fair Housing and Equal Opportunity shall publicize the
collection, tracking, and resolution of complaints alleging violations
of this chapter, including the use of the Department of Housing and
Urban Development website and telephone lines.
``SEC. 41415. PROHIBITION ON RETALIATION.
``(a) In General.--No appropriate agency shall discriminate against
any person because that person has opposed any act or practice made
unlawful by this part, or because that individual made a charge,
testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under this chapter or this part.
``(b) Coercion Prohibited.--No appropriate agency shall coerce,
intimidate, threaten, or interfere with any person in the exercise or
enjoyment of, or on account of the person having exercised or enjoyed,
or on account of the person having aided or encouraged any other
individual in the exercise or enjoyment of, any rights or protections
under this chapter.
``(c) Specifically Included Conduct.--Illustrations of conduct
prohibited by this section include the following:
``(1) Coercing an individual to deny or limit the benefits,
services, or advantages to which the person is entitled under
this chapter or this part.
``(2) Threatening, intimidating, or interfering with any
victims of domestic violence, dating violence, sexual assault,
and stalking who is protections under this chapter.
``(3) Intimidating or threatening any person because that
person is assisting or encouraging an individual or group
entitled to claim the rights or protections under this chapter
or this part to exercise those rights or protections.
``(4) Retaliating against any person because that person
has participated in any investigation or action to enforce this
chapter or this part.
``(5) Any other similar behavior or activity as determined
by the Secretary.
``SEC. 41416. RIGHT TO REPORT CRIME AND EMERGENCIES FROM ONE'S HOME.
``(a) In General.--Landlords, homeowners, residents and occupants,
guests, and housing applicants 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 shall not be penalized based
on their requests for assistance or based on criminal activity of which
they are a victim under statutes, ordinances, regulations, or policies
adopted or enforced by governmental entities that are direct recipients
or sub-recipients of the funding specified in subsection (b). Penalties
that are prohibited include: actual or threatened assessment of
penalties, fees, or fines; actual or threatened eviction; actual or
threatened refusal to rent or renew tenancy; actual or threatened
refusal to issue an occupancy permit or landlord permit; actual or
threatened closure of the property.
``(b) Definition.--The term `covered governmental entities' means
local and State governments receiving funding pursuant to section 106
of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
``(c) Requirements for Covered Government Entities.--Consistent
with the process provided for 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 that impose
penalties on landlords, homeowners, residents, occupants,
guests, or housing applicants based on criminal activity
occurring at a property; and
``(2) certify that they are in compliance with the
protections contained herein or describe the steps they will
take within 180 days to come into compliance.
``(d) Use of Funds From Existing Programs.--Covered governmental
entities may seek to use funds from grants authorized pursuant to
sections 501(a), 1701(b), and 2101(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a), 10381(b), and
10461(b)), in order to develop and implement alternative methods for
reducing crime in communities instead of laws, programs, or policies
that impose penalties based on requests for law enforcement or
emergency assistance or impose penalties on victims of crime, including
domestic violence, dating violence, sexual assault, and stalking,
because criminal activity occurred at a property. Oversight and
accountability mechanisms provided for under title VIII of the Civil
Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall be available to
address violations of this section.''.
(b) Table of Contents.--The table of contents for such Act is
amended by inserting after the item relating to section 41411 the
following:
``Sec. 41412. Administrative enforcement and enforcement by Secretary,
Attorney General, and by private persons.
``Sec. 41413. Department of Housing and Urban Development Violence
Against Women Director.
``Sec. 41414. Data collection and oversight.
``Sec. 41415. Prohibition on retaliation.
``Sec. 41416. Right to report crime and emergencies from one's home.''.
SEC. 603. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT.
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 ``2018 through 2023''; and
(B) in paragraph (2), by striking ``5 percent'' and
inserting ``8 percent''.
SEC. 604. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) McKinney-Vento Homeless Assistance Grants.--Section 423(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is
amended--
(1) in paragraph (6), by inserting after ``currently
residing in permanent housing,'' the following: ``who are
seeking an external emergency transfer pursuant to section
41411 of the Violence Against Women Act of 1994,''; and
(2) by adding at the end the following:
``(13) Facilitating and coordinating activities to ensure
compliance with section 41411(e) of the Violence Against Women
Act of 1994, including development of external emergency
transfer memoranda of understanding between covered housing
providers, facilitation of external emergency transfers, and
monitoring compliance with the confidentiality protections of
section 41411(c)(4) of the Violence Against Women Act of
1994.''.
(b) Allocation of Amounts and Incentives for Specific Eligible
Activities.--Section 428 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11386b) is amended--
(1) in subsection (d), by adding at the end the following:
``(4) Development of supportive services and coordination
regarding emergency transfers.--The Secretary shall provide
bonuses or other incentives to geographic areas for developing
supportive services under section 423(a)(6) and facilitating
and coordinating activities for emergency transfers under
section 423(a)(13) that have been proven to be effective at
reducing homelessness among victims of domestic violence,
dating violence, sexual assault, and stalking.''; and
(2) by adding at the end the following:
``(f) Minimum Allocation for Monitoring and Facilitating
Compliance.--From the amounts made available to carry out this part for
a fiscal year, a portion equal to not less than 5 percent of the sums
made available to carry out part B and this part shall be made
available to monitor and facilitate compliance with section 41411 of
the Violence Against Women Act of 1994, including supportive services
under section 423(a)(6) and facilitation and coordination activities
under section 423(a)(13).''.
(c) 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 ``2018 through 2023''.
(d) Grants To Combat Violence Against Women in Public and Assisted
Housing.--Section 41405 of the Violence Against Women Act of 1994 (34
U.S.C. 12475) is amended--
(1) in subsection (b), by striking ``the Director of the
Violence Against Women Office'' and inserting ``the Director of
the Office on Violence Against Women'';
(2) in subsection (c)(2)(D), by inserting after
``linguistically and culturally specific service providers,''
the following: ``population-specific organizations,''; and
(3) in subsection (g), by striking ``2014 through 2018''
and inserting the following: ``2018 through 2023''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12501) is amended--
(1) by inserting before the period at the end the
following: ``, and to victim service providers and community-
based organizations to enable such providers to provide
resource materials or other assistance to employers, labor
organizations, or employees'';
(2) in subsection (b)(3), by striking ``sexual assault''
and inserting ``sexual violence, including sexual assault and
sexual harassment'';
(3) in subsection (e), by striking ``$1,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$2,000,000 for
each of fiscal years 2019 through 2023''; and
(4) by adding at the end the following:
``(g) Administrative Costs.--
``(1) In general.--From the amount appropriated pursuant to
subsection (e) for each fiscal year, the Attorney General may
not use more than 2.5 percent for the administration and
monitoring of grants made available under this section.
``(2) Evaluations.--From the amount appropriated pursuant
to subsection (e) for each fiscal year, the Director may use
not more than 5 percent to award contracts or cooperative
agreements to entities with demonstrated expertise in program
evaluation, to evaluate programs under this section.''.
SEC. 702. ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
SEXUAL OR OTHER HARASSMENT, DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Unemployment Compensation.--Section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State unemployment
compensation laws) is amended--
(1) in subsection (a)--
(A) in paragraph (18), by striking ``and'' at the
end;
(B) by redesignating paragraph (19) as paragraph
(21); and
(C) by inserting after paragraph (18) the following
new paragraphs:
``(19) compensation shall not be denied where an individual
is separated from employment due to circumstances resulting
from the individual being a victim of sexual or other
harassment, nor shall States impose additional conditions that
restrict the individual's eligibility for or receipt of
benefits beyond those required of other individuals who are
forced to leave their jobs or are deemed to have good cause for
voluntarily separating from a job in the State;
``(20) compensation shall not be denied where an individual
is separated from employment due to circumstances resulting
from the individual being a survivor of domestic violence,
dating violence, sexual assault, or stalking, nor shall States
impose additional conditions that restrict the individual's
eligibility for or receipt of benefits beyond those required of
other individuals who are forced to leave their jobs or are
deemed to have good cause for voluntarily separating from a job
in the State; and''; and
(2) by adding at the end the following new subsection:
``(g) Construction.--For purposes of subsection (a)(19) and
(a)(20)--
``(1) Documentation.--In determining eligibility for
compensation due to circumstances resulting from an individual
being a survivor of sexual or other harassment, domestic
violence, dating violence, sexual assault, or stalking--
``(A) States shall adopt, or have adopted, by
statute, regulation, or policy a list of forms of
documentation that may be presented to demonstrate
eligibility; and
``(B) presentation of any one of such forms of
documentation shall be sufficient to demonstrate
eligibility, except that a State may require the
presentation of a form of identification in addition to
the sworn statement of applicant described in
paragraph(2)(A).
``(2) List of forms of documentation.--The list referred to
in paragraph (1)(A) shall, at a minimum, include the following
forms of documentation:
``(A) A sworn statement of the applicant.
``(B) A police or court record concerning the
applicant.
``(C) Documentation from an employee or volunteer
working for a survivor services organization, an
attorney, a police officer, a medical professional,
asocial worker, an antiviolence counselor, a member of
the clergy, or another professional, affirming that the
applicant is a survivor of domestic violence, dating
violence, sexual assault, or stalking.
``(3) Definitions.--The term `sexual and other harassment',
shall have the meaning given them under state law, regulation
or policy. The terms `domestic violence', `dating violence',
`sexual assault', `stalking', `survivor of domestic violence,
dating violence, sexual assault, or stalking', and `survivor
services organization' have the meanings given such terms in
section 201 of the Security and Financial Empowerment Act of
2017.''.
(b) Unemployment Compensation Personnel Training.--Section 303(a)
of the Social Security Act (42 U.S.C. 503(a)) is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Such methods of administration as will ensure that--
``(A) applicants for unemployment compensation and
individuals inquiring about such compensation are
adequately notified of the provisions of
subsections(a)(19), (a)(20), and (g) of section 3304 of
the Internal Revenue Code of 1986 (relating to the
availability of unemployment compensation for survivors
of sexual and other harassment, domestic violence,
dating violence, sexual assault, or stalking); and
``(B) claims reviewers and hearing personnel are
adequately trained in--
``(i) the nature and dynamics of sexual and
other harassment, domestic violence, dating
violence, sexual assault, or stalking; and
``(ii) methods of ascertaining and keeping
confidential information about possible
experiences of sexual and other harassment,
domestic violence, dating violence, sexual
assault, or stalking to ensure that--
``(I) requests for unemployment
compensation based on separations
stemming from sexual and other
harassment, domestic violence, dating
violence, sexual assault, or stalking
are reliably screened, identified, and
adjudicated; and
``(II) full confidentiality is
provided for the individual's claim and
submitted evidence; and''.
(c) TANF Personnel Training.--Section 402(a) of the Social Security
Act (42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:
``(8) Certification that the state will provide information
to survivors of sexual and other harassment, domestic violence,
dating violence, sexual assault, or stalking.--A certification
by the chief officer of the State that the State has
established and is enforcing standards and procedures to--
``(A) ensure that applicants for assistance under
the program and individuals inquiring about such
assistance are adequately notified of--
``(i) the provisions of subsections
(a)(19), (a)(20), and (g) of section 3304 of
the Internal Revenue Code of 1986 (relating to
the availability of unemployment compensation
for survivors of sexual and other harassment,
domestic violence, dating violence, sexual
assault, or stalking); and
``(ii) assistance made available by the
State to survivors of sexual and other
harassment, domestic violence, dating violence,
sexual assault, or stalking;
``(B) ensure that case workers and other agency
personnel responsible for administering the State
program funded under this part are adequately trained
in--
``(i) the nature and dynamics of sexual and
other harassment, domestic violence, dating
violence, sexual assault, or stalking;
``(ii) State standards and procedures
relating to the prevention of, and assistance
for individuals who are survivors of sexual and
other harassment, domestic violence, dating
violence, sexual assault, or stalking; and
``(iii) methods of ascertaining and keeping
confidential information about possible
experiences of sexual and other harassment,
domestic violence, dating violence, sexual
assault, or stalking;
``(C) if a State has elected to establish and
enforce standards and procedures regarding the
screening for, and identification of, domestic violence
pursuant to paragraph (7), ensure that--
``(i) applicants for assistance under the
program and individuals inquiring about such
assistance are adequately notified of options
available under such standards and procedures;
and
``(ii) case workers and other agency
personnel responsible for administering the
State program funded under this part are
provided with adequate training regarding such
standards and procedures and options available
under such standards and procedures; and
``(D) ensure that the training required under
subparagraphs (B) and, if applicable, (C)(ii) is
provided through a training program operated by an
eligible entity.''.
(d) Sexual and Other Harassment, Domestic Violence, Dating
Violence, Sexual Assault, or Stalking Training Grant Program.--
(1) Grants authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award--
(A) a grant to a national survivor services
organization in order for such organization to develop
and disseminate a model training program (and related
materials) for the training required under section
303(a)(4)(B) of the Social Security Act, as added by
subsection (b), and under subparagraphs (B) and, if
applicable, (C)(ii) of section 402(a)(8) of such Act,
as added by subsection (c); and
(B) provide technical assistance with respect to
such model training program, including technical
assistance to Temporary Assistance for Needy Families
and unemployment compensation personnel.
(2) Authorization of appropriations.--There are authorized
to be appropriated--
(A) $1,000,000 for fiscal year 2019 to carry out
the provisions of paragraph (1)(A); and
(B) $12,000,000 for each of fiscal years 2019
through 2023 to carry out the provisions of paragraph
(1)(B).
(e) Effect on Existing Laws, etc.--
(1) More protective laws, agreements, programs, and
plans.--Nothing in this title shall be construed to supersede
any provision of any Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
survivors of sexual and other harassment, domestic violence,
dating violence, sexual assault, or stalking than the rights
established under this title.
(2) Less protective laws, agreements, programs, and
plans.--The rights established for survivors of sexual and
other harassment, domestic violence, dating violence, sexual
assault, or stalking under this title shall not be diminished
by any more restrictive State or local law, collective
bargaining agreement, or employment benefits program or plan.
(f) Effective Date.--
(1) Unemployment amendments.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), the amendments made by this
section shall apply in the case of compensation paid
for weeks beginning on or after the expiration of 180
days from the date of enactment of this Act.
(B) Extension of effective date for state law
amendment.--
(i) In general.--If the Secretary of Labor
identifies a State as requiring a change to its
statutes, regulations, or policies in order to
comply with the amendments made by this
section(excluding the amendment made by
subsection(c)), such amendments shall apply in
the case of compensation paid for weeks
beginning after the earlier of--
(I) the date the State changes its
statutes, regulations, or policies in
order to comply with such amendments;
or
(II) the end of the first session
of the State legislature which begins
after the date of enactment of this
Actor which began prior to such date
and remained in session for at least 25
calendar days after such date, except
that in no case shall such amendments
apply before the date that is 180 days
after the date of enactment of this
Act.
(ii) Session defined.--In this
subparagraph, the term ``session'' means a
regular, special, budget, or other session of a
State legislature.
(2) TANF amendment.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by subsection (c) shall take
effect on the date of enactment of this Act.
(B) Extension of effective date for state law
amendment.--In the case of a State plan under part A of
Title IV of the Social Security Act which the Secretary
of Health and Human Services determines requires State
action (including legislation, regulation, or other
administrative action) in order for the plan to meet
the additional requirements imposed by the amendment
made by subsection (c), the State plan shall not be
regarded as failing to comply with the requirements of
such amendment on the basis of its failure to meet
these additional requirements before the first day of
the first calendar quarter beginning after the close of
the first regular session of the State legislature that
begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a two-year legislative session, each
year of the session is considered to be a separate
regular session of the State legislature.
SEC. 703. STUDY AND REPORTS ON SURVIVORS' ACCESS TO ECONOMIC SECURITY.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study on the
barriers that survivors of domestic violence, dating violence, sexual
assault, or stalking throughout the United States experience in
maintaining economic security as a result of issues related to domestic
violence, dating violence, sexual assault, or stalking.
(b) Reports.--Not later than January 1, 2019, and every 5 years
thereafter, the Secretary of Health and Human Services, in consultation
with the Secretary of Labor, shall submit a report to Congress on the
study conducted under subsection (a).
(c) Contents.--The study and reports under this section shall
include--
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the ability
of survivors of domestic violence, dating violence, sexual
assault, or stalking to exercise--
(A) any rights under this Act without compromising
personal safety or the safety of others, including
family members and excluding the abuser; and
(B) other components of economic security;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis of
the extent and impact of such shortage;
(3) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act without compromising personal safety or the
safety of others, including family members;
(4) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement tools to ensure
successful implementation of the provisions of this Act in
order to support the economic security and safety of survivors
of domestic violence, dating violence, sexual assault, or
stalking; and
(5) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues
related to domestic violence, dating violence, sexual assault,
or stalking.
SEC. 704. 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 Health, Education, Labor, and Pensions of the Senate a
report that examines, with respect to survivors of domestic violence,
dating violence, sexual assault, or stalking who are, or were, enrolled
at institutions of higher education and borrowed a loan made, insured,
or guaranteed under Title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for which the survivors have not repaid the total
interest and principal due, each of the following:
(1) The implications of domestic violence, dating violence,
sexual assault, or stalking on a borrower's ability to repay
their Federal student loans.
(2) The adequacy of policies and procedures regarding
Federal student loan deferment, forbearance, and grace periods
when a survivor has to suspend or terminate the survivor's
enrollment at an institution of higher education due to
domestic violence, dating violence, sexual assault, or
stalking.
(3) The adequacy of institutional policies and practices
regarding retention or transfer of credits when a survivor has
to suspend or terminate the survivor's enrollment at an
institution of higher education due to domestic violence,
dating violence, sexual assault, or stalking.
(4) The availability or any options for a survivor of
domestic violence, dating violence, sexual assault, or stalking
who attended an institution of higher education that committed
unfair, deceptive, or abusive acts or practices, or otherwise
substantially misrepresented information to students, to be
able to seek a defense to repayment of the survivor's Federal
student loan.
(5) The limitations faced by a survivor of domestic
violence, dating violence, sexual assault, or stalking to
obtain any relief or restitution on the survivor's Federal
student loan debt due to the use of forced arbitration, gag
orders, or bans on class actions.
SEC. 705. EDUCATION AND INFORMATION PROGRAMS FOR SURVIVORS.
(a) Public Education Campaign.--The Secretary of Labor, in
conjunction with the Secretary of Health and Human Services and the
Attorney General, shall coordinate and provide for a national public
outreach and education campaign to raise public awareness of the
workplace impact of domestic violence, dating violence, sexual assault,
and stalking. This campaign shall pay special attention to ensure that
survivors are made aware of the existence of the following types of
Federal and State workplace laws:
(1) Anti-discrimination laws that bar treating survivors
differently.
(2) Leave laws, that provide for both paid and unpaid
leave, that are available for use by survivors.
(3) Unemployment insurance laws and policies that address
survivor eligibility.
(b) Study on Workplace Responses.--The Secretary of Labor, in
conjunction with the Secretary of Health and Human Services, shall
conduct a study on the status of workplace responses to employees who
experience domestic violence, dating violence, sexual assault, or
stalking while employed, in each State and nationally, to improve the
access of survivors of domestic violence, dating violence, sexual
assault, or stalking to supportive resources and economic security.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2019 through 2023.
SEC. 706. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
TITLE VIII--REDUCING HOMICIDES AND IMPROVING PUBLIC SAFETY
SEC. 801. INTIMATE PARTNER AND MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
DEFINED.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32), by to read as follows:
``(32) The term `intimate partner'--
``(A) means, with respect to a person, the spouse
of the person, a former spouse of the person, an
individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with
the person; and
``(B) includes--
``(i) a dating partner or former dating
partner (as defined in section 2266); and
``(ii) any other person similarly situated
to a spouse who is protected by the domestic or
family violence laws of the State or tribal
jurisdiction in which the injury occurred or
where the victim resides.''; and
(2) in paragraph (33)(A)--
(A) in clause (i), by inserting after ``Tribal
law'' the following: ``, or under a published local
ordinance''; and
(B) in clause (ii), by inserting ``intimate
partner,'' after ``spouse,'' each place it appears.
SEC. 802. PROHIBITING PERSONS CONVICTED OF STALKING FROM POSSESSING
FIREARMS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking.''; and
(2) in subsection (g)--
(A) in paragraph (8), by striking ``or'' at the
end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking,''.
SEC. 803. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO A PROTECTION
ORDER.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(8), by striking ``that restrains such
person'' and all that follows, and inserting ``described in
subsection (g)(8);''; and
(2) by amending subsection (g)(8) to read as follows:
``(8) who is subject to a court order--
``(A) that was issued--
``(i) after a hearing of which such person
received actual notice, and at which such
person had an opportunity to participate; or
``(ii) after an ex parte hearing, after
which such person received actual notice and
had opportunity to participate at a subsequent
hearing--
``(I) within the time required for
such an ex parte order pursuant to
State, tribal, or territorial law; and
``(II) in any event within a
reasonable time after the order is
issued, sufficient to protect the due
process rights of the person;
``(B) that restrains such person from--
``(i) engaging in conduct that would put an
intimate partner of such person in reasonable
fear of bodily injury to such intimate partner
or a child of such intimate partner, including
an order that was issued at the request of an
employer on behalf of its employee or at the
request of an institution of higher education
on behalf of its student;
``(ii) intimidating a witness from
testifying in court; or
``(iii) harassing, stalking, or threatening
an intimate partner of such person or child of
such intimate partner or person, or engaging in
other conduct that would place an intimate
partner in reasonable fear of bodily injury to
the partner or child; and
``(C) that--
``(i) includes a finding that such person
represents a credible threat to the physical
safety of such individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such individual
described in subparagraph (B) that would
reasonably be expected to cause bodily
injury;''.
SEC. 804. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OR ATTEMPTED PURCHASE OF A FIREARM.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911 et seq.) is amended by adding at the end the
following:
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OF A FIREARM.
``(a) In General.--In the case of a background check conducted by
the National Instant Criminal Background Check System pursuant to the
request of a licensed importer, licensed manufacturer, or licensed
dealer of firearms (as such terms are defined in section 921 of title
18, United States Code), which background check determines that the
receipt of a firearm by a person would violate subsection (g)(8) or
(g)(9) of section 922 of title 18, United States Code, or, if receipt
would violate subsection (g)(1) of such section, that receipt would
violate subsection (g)(9) if the crime were a misdemeanor, and such
determination is made after 3 business days have elapsed since the
licensee contacted the System and a firearm has been transferred to
that person, the System shall notify the law enforcement agencies
described in subsection (b).
``(b) Law Enforcement Agencies Described.--The law enforcement
agencies described in this subsection are the law enforcement agencies
that have jurisdiction over the location from which the licensee
contacted the system and the law enforcement agencies that have
jurisdiction over the location of the residence of the person for which
the background check was conducted, as follows:
``(1) The field office of the Federal Bureau of
Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.
``(4) The Tribal law enforcement agency.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121
Stat. 2559) is amended by inserting after the item relating to section
107 the following:
``108. Notification to law enforcement agencies of prohibited purchase
of a firearm.''.
SEC. 805. REPORTING OF BACKGROUND CHECK DENIALS TO STATE, LOCAL, AND
TRIBAL AUTHORITIES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State, local, and
tribal authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) provides a notice pursuant
to section 922(t) of this title that the receipt of a firearm by a
person would violate subsection (g)(8) or (g)(9) of section 922 of this
title, if receipt would violate subsection (g)(1) of such section, that
receipt would violate subsection (g)(9) if the crime were a
misdemeanor, or State law, the Attorney General shall, in accordance
with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would
have been violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought
to be acquired; and
``(E) of the identity of the person; and
``(2) report the incident to local or tribal law
enforcement authorities and, where practicable, State, tribal,
or local prosecutors, in the jurisdiction where the firearm was
sought and in the jurisdiction where the person resides.
``(b) Requirements for Report.--A report is made in accordance with
this subsection if the report is made within 24 hours after the
provision of the notice described in subsection (a), except that the
making of the report may be delayed for so long as is necessary to
avoid compromising an ongoing investigation.
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that originally issued the notice with
respect to the person.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925A the
following:
``925B. Reporting of background check denials to State, local, and
tribal authorities.''.
SEC. 806. SPECIAL ASSISTANT UNITED STATES ATTORNEYS AND CROSS-DEPUTIZED
ATTORNEYS.
(a) In General.--In order to improve the enforcement of paragraphs
(8) and (9) subsection (g) of section 922 of title 18, United States
Code, the Attorney General is authorized to--
(1) appoint tribal prosecutors and qualified attorneys
working for the United States Government to serve as Special
Assistant United States Attorneys for the purpose of
prosecuting violations of such paragraphs;
(2) deputize State, tribal, territorial, and local
prosecutors and law enforcement officers for the purpose of
enhancing the capacity of the agents of the Bureau of Alcohol,
Tobacco and Firearms and the United States Attorneys in
responding to, investigating and prosecuting violations of such
paragraphs;
(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 in
cases in which such agencies have probable cause to believe
that the offender may be in violation of such paragraphs,
points of contact within--
(A) each Field Division of the Bureau of Alcohol,
Tobacco, and Firearms; and
(B) each District Office of the United States
Attorneys.
(b) Improve Intimate Partner and Public Safety.--The Attorney
General shall--
(1) identify no less than 75 jurisdictions among the
various States, territories, and tribes in which there are high
rates of firearms violence and threats of firearms violence
against intimate partners and other persons protected under
paragraphs (8) and (9) subsection (g) of section 922 of title
18, United States Code, and in which local authorities lack the
resources to address such violence; and
(2) make appointments as described in subsection (a) in
such jurisdictions.
(c) Authorization of Funds.--There is authorized to be appropriated
such sums as may be necessary to carry out this section.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On some reservations, Indian women are murdered at more
than 10 times the national average.
(2) American Indians and Alaska Natives are 2.5 times as
likely to experience violent crimes--and at least 2 times more
likely to experience rape or sexual assault crimes--compared to
all other races.
(3) More than 4 in 5 American Indian and Alaska Native
women, or 84.3 percent, have experienced violence in their
lifetime.
(4) According to the Centers for Disease Control and
Prevention, homicide is the third leading cause of death among
American Indian and Alaska Native women between 10 and 24 years
of age and the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of age.
(5) According to a 2010 Government Accountability Office
report, United States Attorneys declined to prosecute nearly 52
percent of violent crimes that occur in Indian country.
(6) Investigation into cases of missing and murdered Indian
women is made difficult for tribal law enforcement agencies due
to a lack of resources, such as--
(A) necessary training, equipment, or funding;
(B) a lack of interagency cooperation; and
(C) a lack of appropriate laws in place.
(7) The complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the
ability to provide public safety to Indian communities;
(B) has been increasingly exploited by criminals;
and
(C) requires a high degree of commitment and
cooperation among tribal, Federal, and State law
enforcement officials.
(b) Purposes.--The purposes of this title are--
(1) to clarify the responsibilities of Federal, State,
tribal, and local governments with respect to responding to
cases of missing and murdered Indians;
(2) to increase coordination and communication among
Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the resources and
information necessary to effectively respond to cases of
missing and murdered Indians; and
(4) to increase the collection of data related to missing
and murdered Indian women and the sharing of information among
Federal, State, and tribal officials responsible for responding
to and investigating cases of missing and murdered Indians.
SEC. 902. DEFINITIONS.
In this title:
(1) Federal databases.--The term ``Federal databases''
means--
(A) the National Crime Information Center database;
(B) the Combined DNA Index System;
(C) the Integrated Automated Fingerprint
Identification System;
(D) the Violent Criminal Apprehension Program;
(E) the National Missing and Unidentified Persons
System; and
(F) other Federal databases relevant to responding
to cases of missing and murdered Indians.
(2) Indian.--The term ``Indian'' means a member of an
Indian Tribe.
(3) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Law enforcement agency.--The term ``law enforcement
agency'' means a Tribal, Federal, State, or local law
enforcement agency.
SEC. 903. IMPROVING TRIBAL ACCESS TO FEDERAL CRIME INFORMATION
DATABASES.
(a) Tribal Enrollment Information.--Not later than 30 days after
the date of enactment of this title, the Attorney General shall update
the online data entry format for Federal databases to include a new
data field for users to input the victim's Tribal enrollment
information or affiliation, as appropriate.
(b) Consultation.--
(1) Initial consultation.--Not later than 120 days after
the date of enactment of this title, the Attorney General, in
cooperation with the Secretary of the Interior, shall complete
a formal consultation with Indian Tribes on how to further
improve tribal data relevance and access to Federal databases,
which shall also inform the development of law enforcement and
justice protocols under section 904(a).
(2) Annual consultation.--Section 903(b) of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (34 U.S.C. 20126) is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, homicide, stalking,
and sex trafficking;'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) improving access to local, regional, State, and
Federal crime information databases and criminal justice
information systems.''.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Attorney General shall prepare and submit a report to the
Committee on Indian Affairs and the Committee on the Judiciary of the
Senate and the Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives that includes--
(1) the results of the formal consultation described in
subsection (b)(1);
(2) a description of the outstanding barriers Indian Tribes
face in acquiring full access to Federal databases and related
national crime information systems; and
(3) the plan of action of the Department of Justice to--
(A) implement suggestions received from Indian
Tribes through the consultation process; and
(B) resolve the outstanding barriers described
under paragraph (2).
SEC. 904. STANDARDIZED PROTOCOLS FOR RESPONDING TO CASES OF MISSING AND
MURDERED INDIANS.
(a) Standardized Protocols for Missing and Murdered Indians.--
(1) In general.--Not later than 90 days after the
consultation process described in section 903(b)(1), the
Attorney General, in cooperation with the Secretary of the
Interior and in consultation with Indian Tribes, shall--
(A) review existing (as of the date of the review)
law enforcement and justice protocols appropriate to
missing and murdered Indians; and
(B) recommend such existing protocols, revise such
existing protocols, or develop new protocols, as
necessary, to establish protocols to serve as
guidelines for law enforcement agencies with respect to
missing and murdered Indians.
(2) Public availability.--The Attorney General shall make
the protocols under paragraph (1) publicly available and shall
distribute them to law enforcement agencies.
(b) Requirements.--The standardized protocols under subsection (a)
shall include the following:
(1) Guidance on inter-jurisdictional cooperation among law
enforcement agencies at the Tribal, Federal, State, and local
levels.
(2) Standards on the collection, reporting, and analysis of
data and information on missing persons and unidentified human
remains appropriate to Indians, including standards on entering
information to Federal databases on missing persons within a
certain timeframe after receiving the missing persons report.
(3) Guidance on improving law enforcement response rates
and follow-up to cases of missing and murdered Indians.
(4) Methods to ensure access to victim services for Indian
victims and their families.
(c) Directions to United States Attorneys.--
(1) Directions.--Not later than 240 days after the date of
enactment of this title, the Attorney General shall direct
United States attorneys with jurisdiction to prosecute crimes
in Indian country under sections 1152 and 1153 of title 18,
United States Code, to develop written standard protocols to
investigate cases of missing and murdered Indians that--
(A) are guided by the standardized protocols under
subsection (a);
(B) are developed in consultation with Indian
Tribes and other Federal partners, including--
(i) the Federal Bureau of Investigation;
(ii) the Department of the Interior;
(iii) the Bureau of Indian Affairs; and
(iv) the Indian Health Service;
(C) detail specific responsibilities of each
Federal partner; and
(D) shall be implemented not later than 60 days
after the direction is issued.
(2) Additional directions.--Not later than 240 days after
the date of enactment of this title, the Attorney General shall
direct United States attorneys with jurisdiction to prosecute
crimes in Indian Country from an authority other than section
1152 or 1153 of title 18, United States Code, to discuss the
Federal response to cases of missing and murdered Indians with
their Tribal partners and Federal partners as appropriate
during annual consultations.
(d) Training and Technical Assistance.--The Attorney General shall
provide Indian Tribes and law enforcement agencies with training and
technical assistance relating to the development and implementation of
the law enforcement and justice protocols of the Indian Tribes and
agencies, respectively, in accordance with the standardized protocols
under subsection (a).
(e) Compliance.--Not later than 18 months after the date of
enactment of this title, Federal law enforcement agencies with
jurisdiction to investigate and prosecute crimes relating to missing
and murdered Indians shall modify the law enforcement and justice
protocols of the agency to satisfactorily comply with the standardized
protocols under subsection (a).
SEC. 905. ANNUAL REPORTING REQUIREMENTS.
Beginning in the first fiscal year after the date of enactment of
this title, and annually thereafter, the Attorney General and the
Secretary of the Interior shall jointly prepare and submit a report, to
the Committee on Indian Affairs and the Committee on the Judiciary of
the Senate and the Committee on Natural Resources and the Committee on
the Judiciary of the House of Representatives, that--
(1) includes known statistics on missing and murdered
Indian women in the United States;
(2) provides recommendations regarding how to improve data
collection on missing and murdered Indian women; and
(3) includes information relevant to the implementation of
the standardized protocols developed under section 904(a).
SEC. 906. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE, SEXUAL
VIOLENCE, SEX TRAFFICKING, STALKING, CHILD VIOLENCE, AND
VIOLENCE AGAINST LAW ENFORCEMENT OFFICERS.
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) by striking ``special tribal domestic violence criminal
jurisdiction'' each place such term appears and inserting
``special tribal criminal jurisdiction'';
(2) in subsection (a)--
(A) by adding at the end the following:
``(16) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person--
``(A) to fear for his or her safety or the safety
of others; or
``(B) to suffer substantial emotional distress.'';
(B) by redesignating paragraphs (6) and (7) as
paragraphs (14) and (15);
(C) by inserting before paragraph (14) (as
redesignated) the following:
``(11) Related conduct.--The term `related conduct' means a
violation of the criminal law of an Indian tribe that is
committed--
``(A) against a covered individual;
``(B) by a person--
``(i) who is subject to special tribal
criminal jurisdiction; and
``(ii) has committed criminal conduct that
falls into one or more of the categories
described in paragraphs (1) and (2) of
subsection (c); and
``(C) in the course of resisting or interfering
with the prevention, detection, investigation, arrest,
pretrial detention, prosecution, adjudication, or
sentencing, including the probation, parole,
incarceration, or rehabilitation, of that person
relating to that criminal conduct.
``(12) Sex trafficking.--
``(A) In general.--The term `sex trafficking' means
conduct--
``(i) consisting of--
``(I) recruiting, enticing,
harboring, transporting, providing,
obtaining, advertising, maintaining,
patronizing, or soliciting by any means
a person; or
``(II) benefiting, financially or
by receiving anything of value, from
participation in a venture that has
engaged in an act described in
subclause (I); and
``(ii) carried out with the knowledge, or,
except where the act constituting the violation
of clause (i) is advertising, in reckless
disregard of the fact, that--
``(I) means of force, threats of
force, fraud, coercion, or any
combination of such means will be used
to cause the person to engage in a
commercial sex act; or
``(II) the person has not attained
the age of 18 years and will be caused
to engage in a commercial sex act.
``(B) Definitions.--In this paragraph, the terms
`coercion' and `commercial sex act' have the meanings
given the terms in section 1591(e) of title 18, United
States Code.
``(13) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act or contact proscribed by Federal,
tribal, or State law, including in any case in which the victim
lacks the capacity to consent to the act.'';
(D) by redesignating paragraphs (1) through (5) as
paragraphs (6) through (10);
(E) in paragraph (6) (as redesignated), by striking
``violence'' and inserting ``covered conduct'';
(F) in paragraph (7) (as redesignated), by striking
``violence'' each place such term appears and inserting
``covered conduct''; and
(G) by inserting before paragraph (6) (as
redesignated), the following:
``(1) Caregiver.--The term `caregiver' means--
``(A) the parent, guardian, or legal custodian of
the child;
``(B) the spouse or intimate partner of a parent,
guardian, or legal custodian of the child;
``(C) any relative of the child, including a
parent, grandparent, great-grandparent, step-parent,
brother, sister, stepbrother, stepsister, half-brother,
or half-sister;
``(D) a person who resides or has resided regularly
or intermittently in the same dwelling as the child;
``(E) a person who provides or has provided care
for the child in or out of the home of the child;
``(F) any person who exercises or has exercised
temporary or permanent control over the child; or
``(G) any person who temporarily or permanently
supervises or has supervised the child.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; or
``(B) except in the case of sexual abuse, the age
specified by the child protection law of the
participating tribe that has jurisdiction over the
Indian country where the child resides.
``(3) Child violence.--The term `child violence' means
covered conduct committed against a child by a caregiver of the
child.
``(4) Covered conduct.--The term `covered conduct' means
conduct that--
``(A) involves the use, attempted use, or
threatened use of force against the person or property
of another; and
``(B) violates the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the
conduct occurs.
``(5) Covered individual.--The term `covered individual'
means an officer or employee of an Indian tribe, or an
individual authorized to act for or on behalf of an Indian
tribe or serving an Indian tribe--
``(A) who is--
``(i) authorized under law to engage in or
supervise the prevention, detection,
investigation, arrest, pretrial detention,
prosecution, or adjudication of an offense or
the sentencing, including the probation,
parole, incarceration, or rehabilitation, of an
individual; or
``(ii) serves as a probation or pretrial
services officer; and
``(B) who is carrying out an activity described in
paragraph (11)(C).'';
(3) in subsection (b)(4), by striking subparagraph (B);
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``domestic violence'' and inserting
``tribal'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``and dating violence'' and inserting ``,
dating violence, sexual violence, stalking,
trafficking, and child violence''; and
(ii) by striking ``or dating violence'' and
inserting ``, dating violence, sexual violence,
stalking, trafficking, or child violence''; and
(C) by adding at the end the following:
``(3) Related conduct.--An act of related conduct that
occurs in the Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place it appears and inserting ``tribal'';
(6) in subsection (f)--
(A) by striking ``special domestic violence'' each
place it appears and inserting ``special tribal'';
(B) in paragraph (2), by striking ``prosecutes''
and all that follows through the semicolon at the end
and inserting the following: ``prosecutes--
``(A) a crime of domestic violence;
``(B) a crime of dating violence;
``(C) a criminal violation of a protection order;
``(D) a crime of sexual violence;
``(E) a crime of stalking;
``(F) a crime of trafficking; or
``(G) a crime of related conduct;''; and
(C) in paragraph (4), by inserting ``child
violence, sexual violence, stalking, trafficking,
related conduct'' after ``dating violence''; and
(7) in subsection (h), by striking ``fiscal years 2014
through 2018'' and inserting ``fiscal years 2019 through
2023''.
SEC. 907. AUTHORIZING FUNDING FOR THE TRIBAL ACCESS PROGRAM.
Section 534 of title 28, united States Code, is amended by adding
at the end the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 for each of fiscal years 2019 to 2023, to
remain available until expended, for the purposes of enhancing the
ability of tribal government entities to access, enter information
into, and obtain information from, Federal criminal information
databases, as authorized by this section.''.
SEC. 908. CRIMINAL TRESPASS ON INDIAN LAND.
(a) In General.--Section 1165 of title 18, United States Code, is
amended to read as follows:
``Sec. 1165. Criminal trespass on Indian land
``(a) Hunting, Trapping or Fishing on Indian Land.--Whoever,
without lawful authority or permission, willfully and knowingly goes
upon any land that belongs to any Indian or Indian tribe, band, or
group and either are held by the United States in trust or are subject
to a restriction against alienation imposed by the United States, or
upon any lands of the United States that are reserved for Indian use
(referred to in this section as `tribal land'), for the purpose of
hunting, trapping, or fishing thereon, or for the removal of game,
peltries, or fish therefrom, shall be fined under this title or
imprisoned not more than ninety days, or both, and all game, fish, and
peltries in his possession shall be forfeited.
``(b) Violation of Tribal Exclusion Order.--
``(1) Definition of exclusion order.--In this subsection,
the term `exclusion order' means an order issued in a
proceeding by a court of an Indian tribe that temporarily or
permanently excludes a person from tribal land because of a
conviction under the criminal laws of the tribal government--
``(A) for a violent crime (as defined under
applicable tribal law); or
``(B) for the sale or distribution of controlled
substances.
``(2) Violation described.--It shall be unlawful for any
person to knowingly violate the terms of an exclusion order
that was issued by a court of an Indian tribe in accordance
with paragraph (4).
``(3) Penalty.--Any person who violates paragraph (2) shall
be fined up to $5,000 or imprisoned for up to 1 year, or both.
``(4) Requirements.--The violation described in paragraph
(2) applies only to an exclusion order--
``(A) for which--
``(i) the respondent was served with, or
had actual notice of, the underlying complaint;
and
``(ii) the underlying complaint included--
``(I) a plain statement of facts
that, if true, would provide the basis
for the issuance of an exclusion order
against the respondent;
``(II) the date, time, and place
for a hearing on the complaint; and
``(III) a statement informing the
respondent that if the respondent fails
to appear at the hearing on the
complaint, an order may issue, the
violation of which may result in--
``(aa) criminal prosecution
under Federal law; and
``(bb) the imposition of a
fine or imprisonment, or both;
``(B) for which a hearing on the underlying
complaint sufficient to protect the right of the
respondent to due process was held on the record, at
which the respondent was provided an opportunity to be
heard and present testimony of witnesses and other
evidence as to why the order should not issue;
``(C) that--
``(i) temporarily or permanently excludes
the respondent from tribal land under the
jurisdiction of the applicable Indian tribe;
and
``(ii) includes a statement that a
violation of the order may result in--
``(I) criminal prosecution under
Federal law; and
``(II) the imposition of a fine or
imprisonment, or both; and
``(D) with which the respondent was served or of
which the respondent had actual notice.''.
(b) Clerical Amendment.--The table of sections for chapter 53 of
such title is amended by striking the item relating to section 1165 and
inserting the following:
``1165. Criminal trespass on Indian land.''.
TITLE X--OFFICE ON VIOLENCE AGAINST WOMEN
SEC. 1001. 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 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 after ``a separate and
distinct office within the Department of Justice,'' the
following: ``not subsumed by any other grant-making office,'';
and
(4) in subsection (c), by striking ``and the Violence
Against Women Act of 2000 (Division B of Public Law 106-386)''
and inserting ``the Violence Against Women Act of 2000
(Division B of Public Law 106-386), the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109-162; 119 Stat. 3080), and the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4;
127 Stat. 54)''.
(b) Director of the Office on Violence Against Women.--Section 2003
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10443) is amended--
(1) in the heading, by striking ``violence against women
office'' and inserting ``office on violence against women'';
(2) in subsection (a), by striking ``Violence Against Women
Office'' and inserting ``Office on Violence Against Women'';
and
(3) in subsection (b)(2), by striking ``or the Violence
Against Women Act of 2000 (division B of Public Law 106-386)''
and inserting ``the Violence Against Women Act of 2000
(division B of Public Law 106-386), the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (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)''.
(c) Duties and Functions of Director of the Office on Violence
Against Women.--Section 2004 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10444) is amended--
(1) in the heading, by striking ``violence against women
office'' and inserting ``office on violence against women'';
(2) in paragraph (5), by striking ``and the Violence
Against Women Act of 2000 (division B of Public Law 106-386)''
and inserting ``the Violence Against Women Act of 2000
(division B of Public Law 106-386), the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (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)''; and
(3) in paragraph (6)(B), by inserting after ``provide
technical assistance,'' the following: ``synchronize Federal
definitions and protocols,''.
(d) Staff of Office on Violence Against Women.--Section 2005 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10445) is
amended in the heading, by striking ``violence against women office''
and inserting ``office on violence against women''.
(e) Clerical Amendment.--Section 121(a)(1) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C.
20124(a)(1)) is amended by striking ``the Violence Against Women
Office'' and inserting ``the Office on Violence Against Women''.
TITLE XI--INCARCERATED WOMEN
SEC. 1101. TREATMENT OF PREGNANT WOMEN AND OTHER INDIVIDUALS IN
CORRECTIONS.
(a) Short Title.--This section may be cited as the ``Ramona Brant
Improvement of Conditions For Women in Federal Custody Act''.
(b) Improving the Treatment of Primary Caretaker Parents and Other
Individuals in Federal Prisons.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4050. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `covered institution' means a Federal penal
or correctional institution;
``(3) the term `Director' means the Director of the Bureau
of Prisons;
``(4) the term `post-partum recovery' means the first 8-
week period 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' mean an individual who--
``(A) is under 21 years of age or over 60 years of
age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
``(D) is the victim of or witness to a crime;
``(E) has filed a nonfrivolous civil rights claim
in Federal or State court;
``(F) has a serious mental or physical illness or
disability;
``(G) during the period of incarceration, has been
determined to have experienced or to be experiencing
severe trauma or to be the victim of gender-based
violence--
``(i) by any court or administrative
judicial proceeding;
``(ii) by any corrections official;
``(iii) on the basis of information
provided by the person's attorney or legal
service provider; or
``(iv) on the basis of self-reporting.
``(b) Geographic Placement.--
``(1) Establishment of office.--The Director shall
establish within the Bureau of Prisons an office that
determines the placement of prisoners.
``(2) Placement of prisoners.--In determining the placement
of a prisoner, the office established under paragraph (1)
shall--
``(A) if the prisoner has children, place the
prisoner as close to the children as possible;
``(B) in deciding whether to assign a transgender
or intersex prisoner to a facility for male or female
prisoners, and in making other housing and programming
assignments, consider on a case-by-case basis whether a
placement would ensure the prisoner's health and
safety, including serious consideration of the
prisoner's own views with respect to their safety, and
whether the placement would present management or
security problems: and
``(C) consider any other factor that the office
determines to be appropriate.
``(c) Placement in Segregated Housing Units; Prohibition on
Shackling.--
``(1) Placement in segregated housing units.--
``(A) In general.--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.
``(B) Restrictions.--Any placement of a prisoner
described in subparagraph (A) in a segregated housing
unit shall be limited and temporary.
``(2) Prohibition on shackling.--A covered institution may
not use an instrument of restraint, including handcuffs,
chains, irons, or a straitjacket, on a prisoner who is
pregnant.
``(d) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent.
``(e) Trauma Screening.--The Director shall provide training to
each correctional officer and each employee of the Bureau of Prisons
who regularly interacts with prisoners, including each instructor and
health care professional, to enable those correctional officers and
employees to--
``(1) identify a prisoner who has a mental or physical
health need relating to trauma the prisoner has experienced;
and
``(2) refer a prisoner described in paragraph (1) to the
proper healthcare professional for treatment.
``(f) Inmate Health.--
``(1) Health care access.--The Director shall ensure that
all prisoners receive adequate health care.
``(2) Hygienic products.--The Director shall make essential
hygienic products, including tampons, sanitary napkins,
shampoo, toothpaste, toothbrushes, and any other hygienic
product that the Director determines appropriate, available
without charge to prisoners.
``(3) Gynecologist access.--The Director shall ensure that
a prisoners have access to a gynecologist.
``(g) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall promulgate
regulations under which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i)(I) the prisoner presents a risk of
immediate harm to herself or himself or others;
and
``(II) no other correctional officer of the
same sex as the prisoner, or medical staff are
available to assist; or
``(ii) the prisoner has previously
requested that an officer of a different sex
conduct searches;
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i)(I) a prisoner in the restroom
presents a risk of immediate harm to himself or
herself or others; or
``(II) there is a medical emergency in the
restroom; and
``(ii) no other correctional officer of the
same sex as the prisoner is available to
assist;
``(C) a transgender prisoner's sex is determined
according to the sex with which they identify; and
``(D) a correctional officer may not search or
physically examine a prisoner for the sole purpose of
determining the prisoners' genital status or sex.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''.
(c) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Director of the Bureau of Prisons may not prohibit
an eligible prisoner who is a primary caretaker parent (as
defined in section 4050) or who is 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) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on the date that is 2 years
after the date of the enactment of this Act.
(2) Report.--On the date that is 3 years after the date of
the enactment of this Act, the Director of the Bureau of
Prisons shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report on the
implementation of the requirements under section 4050 and
section 3621(e) of title 18, United States Code.
(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:
``4050. Treatment of primary caretaker parents and other
individuals.''.
SEC. 1102. PUBLIC HEALTH AND SAFETY OF WOMEN.
(a) Short Title.--This section may be cited as the ``Stop Infant
Mortality And Recidivism Reduction Act'' or the ``SIMARRA Act''.
(b) Establishment.--Not later than 270 days after the date of the
enactment of this Act, the Director of the Federal Bureau of Prisons
(hereinafter referred to as the ``Director'') shall establish a pilot
program (hereinafter referred to as the ``Program'') in accordance with
this section to permit women incarcerated in Federal prisons and the
children born to such women during incarceration to reside together
while the inmate serves a term of imprisonment in a separate housing
wing of the prison.
(c) Purposes.--The purposes of this section are to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the unborn fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment as
the cornerstones of a more effective and efficient Federal
prison system;
(4) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address the
pre- and post-natal needs of Federal pregnant offenders, manage
limited resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-based and to suggest
changes, deletions, and expansions based on the results of such
evaluations; and
(6) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run prison nurseries
safely and securely without compromising the scope or quality
of the Department's critical health, safety and law enforcement
missions.
(d) Duties of the Director of the Federal Bureau of Prisons.--
(1) In general.--The Director shall carry out this section
in consultation with--
(A) a licensed and board-certified gynecologist or
obstetrician;
(B) the Director of the Administrative Office of
the United States Courts;
(C) the Director of the Office of Probation and
Pretrial Services;
(D) the Director of the National Institute of
Justice; and
(E) the Secretary of Health and Human Services.
(2) Duties.--The Director shall, in accordance with
paragraph (3)--
(A) develop an offender risk and needs assessment
system particular to the health and sensitivities of
federally incarcerated pregnant women and mothers in
accordance with this subsection;
(B) develop recommendations regarding recidivism
reduction programs and productive activities in
accordance with subsection (i);
(C) conduct ongoing research and data analysis on--
(i) the best practices relating to the use
of offender risk and needs assessment tools
particular to the health and sensitivities of
federally incarcerated pregnant women and
mothers;
(ii) the best available risk and needs
assessment tools particular to the health and
sensitivities of federally incarcerated
pregnant women and mothers and the level to
which they rely on dynamic risk factors that
could be addressed and changed over time, and
on measures of risk of recidivism, individual
needs, and responsivity to recidivism reduction
programs;
(iii) the most effective and efficient uses
of such tools in conjunction with recidivism
reduction programs, productive activities,
incentives, and rewards; and
(iv) which recidivism reduction programs
are the most effective--
(I) for federally incarcerated
pregnant women and mothers classified
at different recidivism risk levels;
and
(II) for addressing the specific
needs of federally incarcerated
pregnant women and mothers;
(D) on a biennial basis, review the system
developed under subparagraph (A) and the
recommendations developed under subparagraph (B), using
the research conducted under subparagraph (C), to
determine whether any revisions or updates should be
made, and if so, make such revisions or updates;
(E) hold periodic meetings with the individuals
listed in paragraph (1) at intervals to be determined
by the Director; and
(F) report to Congress in accordance with
subsection (i).
(3) Methods.--In carrying out the duties under paragraph
(2), the Director shall--
(A) consult relevant stakeholders; and
(B) make decisions using data that is based on the
best available statistical and empirical evidence.
(e) Eligibility.--An inmate may apply to participate in the Program
if the inmate--
(1) is pregnant at the beginning of the term of
imprisonment; and
(2) is in the custody or control of the Federal Bureau of
Prisons.
(f) Program Terms.--
(1) Terms 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), for the shorter of the inmate's term
of imprisonment or 30 months.
(2) Inmate requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(A) accept the responsibility of child-rearing;
(B) participate in any educational or counseling
opportunities established by the Director, including
topics such as child development, parenting skills,
domestic violence, vocational training, or substance
abuse;
(C) abide by any court decision regarding the legal
or physical custody of the child;
(D) transfer to the Federal Bureau of Prisons any
child support payments for the infant of the
participating inmate from any person or governmental
entity; and
(E) specify a person who has agreed to take custody
of the child if the inmate's participation in the
Program terminates before the inmate's release.
(g) Termination of Participation.--An inmate's participation in the
Program terminates upon the earliest of the following to occur:
(1) The inmate is released from prison.
(2) The infant fails to meet any medical criteria
established by the Director or the Director's designee along
with a collective determination of the persons listed in
subsection (d)(1).
(h) 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.
(i) Reporting.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act and once every year thereafter for 5
years, the Director shall submit a report to the Congress with
regards to progress in implementing the Program.
(2) Final report.--Not later than 6 months after the
termination of the Program, the Director shall issue a final
report to the Congress that contains a detailed statement of
the Director's findings and conclusions, including
recommendations for legislation, administrative actions, and
regulations the Director considers appropriate.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 through 2023.
TITLE XII--OTHER MATTERS
SEC. 1201. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12402) is amended by striking ``2014 through 2018''
and inserting ``2019 through 2023''.
SEC. 1202. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) is amended by striking ``2014 through 2018'' and inserting
``2019 through 2023''.
SEC. 1203. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.
20334(a)) is amended by striking ``2014 through 2018'' and inserting
``2019 through 2023''.
SEC. 1204. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12311(c)) is amended by striking ``2014 through
2018'' and inserting ``2019 through 2023''.
SEC. 1205. 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
``2019 through 2023''.
SEC. 1206. RAPE KIT BACKLOG.
Subsection (j) of section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (34 U.S.C. 40701) is amended by striking ``2015 through
2019'' and inserting ``2019 through 2023''.
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