H.R. 1620, Violence Against Women Reauthorization Act of 2021
Summary
H.R. 1620, the Violence Against Women Reauthorization Act of 2021, was introduced in the House of Representatives March 8, 2021, by Ms. Jackson Lee and other members. It would reauthorize the Violence Against Women Act of 1994. The table of contents lists Title I, Enhancing Legal Tools to Combat Domestic Violence, Dating Violence, Sexual Assault, and Stalking, with sections on STOP grants and legal assistance for victims, and Title II, Improving Services for Victims, with a sexual assault services program. Section 1610 authorizes $5,000,000 to be appropriated to carry out its title for each of fiscal years 2022 through 2026.
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“H.R. 1620, Violence Against Women Reauthorization Act of 2021.”
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I
117TH CONGRESS
1ST SESSION
H. R. 1620
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2021
Ms. JACKSON LEE (for herself, Mr. NADLER, Mr. FITZPATRICK, Mr. HOYER,
Ms. KAPTUR, Ms. MOORE of Wisconsin, Mrs. CAROLYN B. MALONEY of
New York, Ms. LEE of California, Ms. NORTON, Mr. MCGOVERN, Ms.
BASS, Mrs. BEATTY, Ms. SPEIER, Mrs. DINGELL, Ms. WASSERMAN
SCHULTZ, Mr. SCHIFF, Mr. COSTA, Mr. TAKANO, Ms. TITUS, Ms.
DELBENE, Mr. CONNOLLY, Mr. BLUMENAUER, Ms. WILSON of Florida,
Mrs. DEMINGS, Ms. BROWNLEY, Ms. ROSS, Mr. GOMEZ, Mr.
MALINOWSKI, Mr. MORELLE, Mr. KILMER, Mr. HORSFORD, Ms. WILD,
Mr. PHILLIPS, Ms. JACOBS of California, Mr. MRVAN, Ms. WILLIAMS of
Georgia, Ms. MENG, Mr. BROWN, Mr. KILDEE, Mrs. LURIA, Ms.
BARRAGÁN, Mrs. LAWRENCE, Mr. COOPER, Mr. THOMPSON of California,
Mr. O’HALLERAN, Mr. LYNCH, Mr. DANNY K. DAVIS of Illinois, Mr.
ESPAILLAT, Ms. KUSTER, Mr. VARGAS, Mrs. WATSON COLEMAN, Mr.
PAYNE, Ms. DEAN, Mr. GARAMENDI, Mr. WELCH, Ms. VELÁZQUEZ, Mr.
COHEN, Mr. TORRES of New York, Ms. BONAMICI, Ms. CLARKE of New
York, Mr. CLEAVER, Mr. TONKO, Ms. ROYBAL-ALLARD, Mr. CICILLINE,
Mrs. HAYES, Ms. STRICKLAND, Mr. DESAULNIER, Ms. SCANLON, Mr.
SWALWELL, Mr. SCHNEIDER, Mr. CARBAJAL, Mr. HASTINGS, Mr. VELA,
Ms. CLARK of Massachusetts, Ms. SPANBERGER, Mr. SMITH of Wash-
ington, Ms. HOULAHAN, Ms. GARCIA of Texas, Mr. BRENDAN F. BOYLE
of Pennsylvania, Mr. SOTO, Mrs. TRAHAN, Mr. EVANS, Ms. SEWELL, Mr.
MOULTON, Mr. RYAN, Mr. JONES, Mr. CARSON, Mr. DEUTCH, Mrs.
BUSTOS, Mr. RASKIN, Mr. DAVID SCOTT of Georgia, Mr. SUOZZI, Mr.
KEATING, Mr. HUFFMAN, Mr. KIM of New Jersey, Mr. NEGUSE, Ms.
STEVENS, Mr. MEEKS, Mr. CASTEN, Mrs. FLETCHER, Ms. ESCOBAR,
Mrs. NAPOLITANO, Mr. MCEACHIN, Mr. CROW, Mr. YARMUTH, Mr.
GREEN of Texas, Ms. MANNING, Mr. MCNERNEY, Ms. DEGETTE, Mr.
LOWENTHAL, Mr. ALLRED, Ms. LOIS FRANKEL of Florida, Mr. LAWSON
of Florida, Ms. JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr.
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KAHELE, Mr. GRIJALVA, Mr. JEFFRIES, Ms. MCCOLLUM, Mr. MICHAEL
F. DOYLE of Pennsylvania, Ms. BLUNT ROCHESTER, Mr. BUTTERFIELD,
Mr. VICENTE GONZALEZ of Texas, Ms. DAVIDS of Kansas, Mr. RUP-
PERSBERGER, Mr. BEYER, Mr. PANETTA, Mr. NORCROSS, Ms. OMAR, Ms.
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BUSH, Mr. SCHRADER, Ms. UNDERWOOD, Ms. CASTOR of Florida, Mr.
SIRES, Mr. PALLONE, Mr. STANTON, Ms. NEWMAN, Mrs. TORRES of
California, Mr. PASCRELL, Ms. SHERRILL, Mr. GOTTHEIMER, Mr. SEAN
PATRICK MALONEY of New York, Mr. LARSON of Connecticut, Mr.
SABLAN, Mr. KHANNA, Ms. LEGER FERNANDEZ, Ms. PLASKETT, Mr.
VEASEY, Ms. SCHAKOWSKY, Ms. SÁNCHEZ, Ms. LOFGREN, Mr. SCOTT of
Virginia, Ms. OCASIO-CORTEZ, Ms. TLAIB, Mr. POCAN, Mr. CORREA, Mr.
LANGEVIN, Mr. AUCHINCLOSS, Mr. GALLEGO, and Mr. PERLMUTTER) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Financial Services, Ways
and Means, Education and Labor, Energy and Commerce, Veterans’ Af-
fairs, and Natural Resources, 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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Violence Against Women Reauthorization Act of 2021’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Universal definitions and grant conditions.
Sec. 3. Agency and Department Coordination.
Sec. 4. Effective date.
Sec. 5. Availability of funds.
TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
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Sec. 101. Stop grants.
Sec. 102. Grants to encourage improvements and alternatives to the criminal
justice response.
Sec. 103. Legal assistance for victims.
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Sec. 104. Grants to support families in the justice system.
Sec. 105. Outreach and services to underserved populations grants.
Sec. 106. Criminal provisions.
Sec. 107. Rape survivor child custody.
Sec. 108. Enhancing culturally specific services for victims of domestic violence,
dating violence, sexual assault, and stalking.
Sec. 109. Grants for lethality assessment programs.
TITLE II—IMPROVING SERVICES FOR VICTIMS
Sec. 201. Sexual assault services program.
Sec. 202. Sexual Assault Services Program.
Sec. 203. Rural domestic violence, dating violence, sexual assault, stalking, and
child abuse enforcement assistance program.
Sec. 204. Grants fo training and services to end violence against people with
disabilities and Deaf people.
Sec. 205. Training and services to end abuse in later life.
Sec. 206. Demonstration program on trauma-informed training for law enforce-
ment.
TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG
VICTIMS
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and education
(CHOOSE) for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
TITLE IV—VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the Centers for Disease Control and Prevention.
Sec. 402. Saving Money and Reducing Tragedies (SMART) through Prevention
grants.
TITLE V—STRENGTHENING THE HEALTHCARE SYSTEMS
RESPONSE
Sec. 501. Grants to strengthen the healthcare systems response to domestic vio-
lence, 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. Ensuring compliance and implementation; prohibiting retaliation
against victims.
Sec. 603. Protecting the right to report crime from one’s home.
Sec. 604. Transitional housing assistance grants for victims of domestic vio-
lence, dating violence, sexual assault, or stalking.
Sec. 605. Addressing the housing needs of victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 606. United States Housing Act of 1937 amendments.
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TITLE VII—ECONOMIC SECURITY FOR VICTIMS
Sec. 701. Findings.
Sec. 702. National Resource Center on workplace responses to assist victims of
domestic and sexual violence.
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Sec. 703. Entitlement to unemployment compensation for victims of sexual and
other harassment and survivors of domestic violence, sexual as-
sault, or stalking.
Sec. 704. Study and reports on barriers to survivors’ economic security access.
Sec. 705. GAO Study.
Sec. 706. Education and information programs for survivors.
Sec. 707. Severability.
TITLE VIII—HOMICIDE REDUCTION INITIATIVES
Sec. 801. Prohibiting persons convicted of misdemeanor crimes against dating
partners and persons subject to protection orders.
Sec. 802. Prohibiting stalkers and individuals subject to court order from pos-
sessing a firearm.
TITLE IX—SAFETY FOR INDIAN WOMEN
Sec. 901. Findings and purposes.
Sec. 902. Authorizing funding for the Tribal access program.
Sec. 903. Tribal jurisdiction over covered crimes of domestic violence, dating vi-
olence, obstruction of justice, sexual violence, sex trafficking,
stalking, and assault of a law enforcement officer or correc-
tions officer.
Sec. 904. Annual reporting requirements.
Sec. 905. Report on the response of law enforcement agencies to reports of
missing or murdered Indians.
TITLE X—OFFICE ON VIOLENCE AGAINST WOMEN
Sec. 1001. Establishment of Office on Violence Against Women.
Sec. 1002. Office on Violence Against Women a Deputy Director for Culturally
Specific Communities.
TITLE XI—IMPROVING CONDITIONS FOR WOMEN IN FEDERAL
CUSTODY
Sec. 1101. Improving the treatment of primary caretaker parents and other in-
dividuals in federal prisons.
Sec. 1102. Public health and safety of women.
Sec. 1103. Research and report on women in federal incarceration.
Sec. 1104. Reentry planning and services for incarcerated women.
TITLE XII—LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC
SAFETY
Sec. 1201. Notification to law enforcement agencies of prohibited purchase or
attempted purchase of a firearm.
Sec. 1202. Reporting of background check denials to state, local, and Tribal au-
thorities.
Sec. 1203. Special assistant U.S. attorneys and cross-deputized attorneys.
TITLE XIII—CLOSING THE LAW ENFORCEMENT CONSENT
LOOPHOLE
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Sec. 1301. Short title.
Sec. 1302. Prohibition on engaging in sexual acts while acting under color of
law.
Sec. 1303. Incentives for States.
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Sec. 1304. Reports to Congress.
Sec. 1305. Definition.
TITLE XIV—OTHER MATTERS
Sec. 1401. National stalker and domestic violence reduction.
Sec. 1402. Federal victim assistants reauthorization.
Sec. 1403. Child abuse training programs for judicial personnel and practi-
tioners reauthorization.
Sec. 1404. Sex offender management.
Sec. 1405. Court-appointed special advocate program.
Sec. 1406. Sexual assault forensic exam program grants.
Sec. 1407. Review on link between substance use and victims of domestic vio-
lence dating violence, sexual assault, or stalking.
Sec. 1408. Interagency working group to study Federal efforts to collect data
on sexual violence.
Sec. 1409. National Domestic Violence Hotline.
Sec. 1410. Deputy Director on Culturally Specific Communities within the Of-
fice of Justice Programs.
TITLE XV—CYBERCRIME ENFORCEMENT
Sec. 1501. Local law enforcement grants for enforcement of cybercrimes.
Sec. 1502. National Resource Center Grant.
Sec. 1503. National strategy, classification, and reporting on cybercrime.
TITLE XVI—KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Purposes.
Sec. 1604. Definition of covered formula grant.
Sec. 1605. Increased funding for formula grants authorized.
Sec. 1606. Application.
Sec. 1607. Rule of construction.
Sec. 1608. Grant term.
Sec. 1609. Uses of funds.
Sec. 1610. Authorization of appropriations.
1 SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
2 Section 40002 of the Violence Against Women Act
3 of 1994 (34 U.S.C. 12291) is amended—
4 (1) in subsection (a)—
5 (A) by striking ‘‘In this title’’ and insert-
6 ing ‘‘In this title, and for the purpose of all
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7 grants authorized under this title’’;
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1 (B) by striking paragraph (5) and insert-
2 ing the following new paragraph:
3 ‘‘(5) COURT-BASED AND COURT-RELATED PER-
4 SONNEL.—The terms ‘court-based personnel’ and
5 ‘court-related personnel’ mean persons working in
6 the court, whether paid or volunteer, including—
7 ‘‘(A) clerks, special masters, domestic rela-
8 tions officers, administrators, mediators, cus-
9 tody evaluators, guardians ad litem, lawyers,
10 negotiators, probation, parole, interpreters, vic-
11 tim assistants, victim advocates, and judicial,
12 administrative, or any other professionals or
13 personnel similarly involved in the legal process;
14 ‘‘(B) court security personnel;
15 ‘‘(C) personnel working in related, supple-
16 mentary offices or programs (such as child sup-
17 port enforcement); and
18 ‘‘(D) any other court-based or community-
19 based personnel having responsibilities or au-
20 thority to address domestic violence, dating vio-
21 lence, sexual assault, or stalking in the court
22 system.’’;
23 (C) by striking paragraph (8) and insert-
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24 ing the following new paragraph:
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1 ‘‘(8) DOMESTIC VIOLENCE.—The term ‘domes-
2 tic violence’ means a pattern of behavior involving
3 the use or attempted use of physical, sexual, verbal,
4 psychological, economic, or technological abuse or
5 any other coercive behavior committed, enabled, or
6 solicited to gain or maintain power and control over
7 a victim, by a person who—
8 ‘‘(A) is a current or former spouse or dat-
9 ing partner of the victim, or other person simi-
10 larly situated to a spouse of the victim;
11 ‘‘(B) is cohabitating with or has
12 cohabitated with the victim as a spouse or dat-
13 ing partner;
14 ‘‘(C) shares a child in common with the
15 victim;
16 ‘‘(D) is an adult family member of, or paid
17 or nonpaid caregiver in an ongoing relationship
18 of trust with, a victim aged 50 or older or an
19 adult victim with disabilities; or
20 ‘‘(E) commits acts against a youth or adult
21 victim who is protected from those acts under
22 the family or domestic violence laws of the ju-
23 risdiction.’’;
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24 (D) in paragraph (9)—
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1 (i) by striking ‘‘consideration of’’ and
2 inserting ‘‘consideration of one or more of
3 the following factors’’;
4 (ii) in subparagraph (B), by striking
5 ‘‘; and’’ and inserting a semicolon;
6 (iii) in subparagraph (C), by striking
7 the period at the end and inserting ‘‘; or’’;
8 and
9 (iv) by inserting the following new
10 subparagraph:
11 ‘‘(D) the cultural context of the relation-
12 ship.’’;
13 (E) in the matter following paragraph (9),
14 by inserting the following:
15 ‘‘Sexual contact is not a necessary component of
16 such a relationship.’’;
17 (F) in paragraph (10)—
18 (i) by striking ‘‘person—’’ and insert-
19 ing ‘‘dating partner.’’; and
20 (ii) by striking subparagraphs (A) and
21 (B).
22 (G) by striking paragraphs (11) and (12);
23 (H) by striking paragraph (19) and insert-
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24 ing the following new paragraph:
25 ‘‘(19) LEGAL ASSISTANCE.—
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1 ‘‘(A) The term ‘legal assistance’ means as-
2 sistance provided by or under the direct super-
3 vision of a person described in subparagraph
4 (B) to a person described in subparagraph (C)
5 relating to a matter described in subparagraph
6 (D).
7 ‘‘(B) A person described in this subpara-
8 graph is—
9 ‘‘(i) a licensed attorney;
10 ‘‘(ii) in the case of an immigration
11 proceeding, a Board of Immigration Ap-
12 peals accredited representative; or
13 ‘‘(iii) any person who functions as an
14 attorney or lay advocate in a Tribal court;
15 and
16 ‘‘(C) A person described in this subpara-
17 graph is an adult or youth victim of domestic
18 violence, dating violence, sexual assault, or
19 stalking.
20 ‘‘(D) A matter described in this subpara-
21 graph is a matter related to—
22 ‘‘(i) divorce, parental rights, child
23 support, Tribal, territorial, immigration,
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24 employment, administrative agency, hous-
25 ing, campus, education, healthcare, pri-
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1 vacy, contract, consumer, civil rights, pro-
2 tection or order or other injunctive pro-
3 ceedings, related enforcement proceedings,
4 and other similar matters;
5 ‘‘(ii) criminal justice investigations,
6 prosecutions and post-conviction matters
7 (including sentencing, parole, probation,
8 and vacatur or expungement) that impact
9 the victim’s safety, privacy, or other inter-
10 ests as a victim; or
11 ‘‘(iii) alternative dispute resolution,
12 restorative practices, or other processes in-
13 tended to promote victim safety, privacy,
14 and autonomy, and offender accountability,
15 regardless of court involvement.
16 For purposes of this paragraph, intake or refer-
17 ral, by itself, does not constitute legal assist-
18 ance.’’;
19 (I) by adding at the end the following new
20 paragraphs:
21 ‘‘(46) ABUSE IN LATER LIFE.—The term ‘abuse
22 in later life’—
23 ‘‘(A) means—
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24 ‘‘(i) neglect, abandonment, economic
25 abuse, or willful harm of an adult over the
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1 age of 50 by an individuals in an ongoing
2 relationship of trust with the victim; or
3 ‘‘(ii) domestic violence, dating vio-
4 lence, sexual assault, or stalking of an
5 adult over the age of 50 by any individual;
6 and
7 ‘‘(B) does not include self-neglect.
8 ‘‘(47) RESTORATIVE PRACTICE.—The term ‘re-
9 storative practice’ means a process, whether court-
10 referred or community-based, that—
11 ‘‘(A) involves, on a voluntary basis, and to
12 the extent possible, those who have committed
13 a specific offense and those who have been
14 harmed as a result of the offense, as well as af-
15 fected community;
16 ‘‘(B) has the goal of collectively seeking ac-
17 countability from the accused, and developing a
18 process whereby the accused will take responsi-
19 bility for his or her actions, and a plan for pro-
20 viding relief to those harmed, through allocu-
21 tion, restitution, community service or other
22 processes upon which the victim, the accused,
23 the community, and the court (if court-referred)
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24 can agree;
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1 ‘‘(C) is conducted in a framework that pro-
2 tects victim safety and supports victim auton-
3 omy; and
4 ‘‘(D) provides that information disclosed
5 during such process may not be used for any
6 other law enforcement purpose, including im-
7 peachment or prosecution, without the express
8 permission of all participants.
9 ‘‘(48) DIGITAL SERVICES.—The term ‘digital
10 services’ means services, resources, information, sup-
11 port or referrals provided through electronic commu-
12 nications platforms and media, whether via mobile
13 device technology, video technology, or computer
14 technology, including utilizing the internet, as well
15 as any other emerging communications technologies
16 that are appropriate for the purposes of providing
17 services, resources, information, support, or referrals
18 for the benefit of victims of domestic violence, dating
19 violence, sexual assault, or stalking.
20 ‘‘(42) ECONOMIC ABUSE.—The term ‘economic
21 abuse’, in the context of domestic violence, dating vi-
22 olence, and abuse in later life, means behavior that
23 is coercive, deceptive, or unreasonably controls or re-
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24 strains a person’s ability to acquire, use, or maintain
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1 economic resources to which they are entitled, in-
2 cluding using coercion, fraud, or manipulation to—
3 ‘‘(A) restrict a person’s access to money,
4 assets, credit, or financial information;
5 ‘‘(B) unfairly use a person’s personal eco-
6 nomic resources, including money, assets, and
7 credit, for one’s own advantage; or
8 ‘‘(C) exert undue influence over a person’s
9 financial and economic behavior or decisions,
10 including forcing default on joint or other fi-
11 nancial obligations, exploiting powers of attor-
12 ney, guardianship, or conservatorship, or failing
13 or neglecting to act in the best interests of a
14 person to whom one has a fiduciary duty.
15 ‘‘(49) INTERNET ENABLED DEVICE.—The term
16 ‘internet enabled device’ means devices that have a
17 connection the Internet, send and receive informa-
18 tion and data, and maybe accessed via mobile device
19 technology, video technology, or computer tech-
20 nology, away from the location where the device is
21 installed, and may include home automation sys-
22 tems, door locks, and thermostats.
23 ‘‘(50) TECHNOLOGICAL ABUSE.—The term
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24 ‘technological abuse’ means an act or pattern of be-
25 havior that occurs within domestic violence, sexual
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1 assault, dating violence or stalking and is intended
2 to harm, threaten, intimidate, control, stalk, harass,
3 impersonate, exploit, extort, or monitor, except as
4 otherwise permitted by law, another person, that oc-
5 curs using any form of technology, including: inter-
6 net enabled devices, online spaces and platforms,
7 computers, mobile devices, cameras and imaging
8 platforms, apps, location tracking devices, commu-
9 nication technologies, or any other emerging tech-
10 nologies.
11 ‘‘(51) FEMALE GENITAL MUTILATION.—The
12 terms ‘female genital mutilation’, ‘female genital
13 cutting’, ‘FGM/C’, or ‘female circumcision’ means
14 the intentional removal or infibulation (or both) of
15 either the whole or part of the external female geni-
16 talia for non-medical reasons. External female geni-
17 talia includes the pubis, labia minora, labia majora,
18 clitoris, and urethral and vaginal openings.
19 ‘‘(52) ELDER ABUSE.—The term ‘elder abuse’
20 has the meaning given that term in section 2 of the
21 Elder Abuse Prevention and Prosecution Act. The
22 terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the
23 meanings given those terms in section 2011 of the
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24 Social Security Act (42 U.S.C. 1397j).
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1 ‘‘(53) FORCED MARRIAGE.—The term ‘forced
2 marriage’ means a marriage to which one or both
3 parties do not or cannot consent, and in which one
4 or more elements of force, fraud, or coercion is
5 present. Forced marriage can be both a cause and
6 a consequence of domestic violence, dating violence,
7 sexual assault or stalking.
8 ‘‘(54) HOMELESS.—The term ‘homeless’ has
9 the meaning given such term in section 41403(6).’’;
10 (2) in subsection (b)—
11 (A) in the matter before paragraph (1), by
12 inserting ‘‘For the purpose of all grants author-
13 ized under this title:’’;
14 (B) in paragraph (2), by inserting after
15 subparagraph (G) the following:
16 ‘‘(H) DEATH OF THE PARTY WHOSE PRI-
17 VACY HAD BEEN PROTECTED.—In the event of
18 the death of any victim whose confidentiality
19 and privacy is required to be protected under
20 this subsection, such requirement shall continue
21 to apply, and the right to authorize release of
22 any confidential or protected information be
23 vested in the next of kin, except that consent
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24 for release of the deceased victim’s information
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1 may not be given by a person who had per-
2 petrated abuse against the deceased victim.
3 ‘‘(I) USE OF TECHNOLOGY.—Grantees and
4 subgrantees may use telephone, internet, and
5 other technologies to protect the privacy, loca-
6 tion and help-seeking activities of victims using
7 services. Such technologies may include—
8 ‘‘(i) software, apps or hardware that
9 block caller ID or conceal IP addresses, in-
10 cluding instances in which victims use dig-
11 ital services; or
12 ‘‘(ii) technologies or protocols that in-
13 hibit or prevent a perpetrator’s attempts to
14 use technology or social media to threaten,
15 harass or harm the victim, the victim’s
16 family, friends, neighbors or co-workers, or
17 the program providing services to them.’’;
18 (C) in paragraph (3), by inserting after
19 ‘‘designed to reduce or eliminate domestic vio-
20 lence, dating violence, sexual assault, and stalk-
21 ing’’ the following: ‘‘, provided that the con-
22 fidentiality and privacy requirements of this
23 title are maintained, and that personally identi-
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24 fying information about adult, youth, and child
25 victims of domestic violence, dating violence,
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1 sexual assault and stalking is not requested or
2 included in any such collaboration or informa-
3 tion-sharing’’;
4 (D) in paragraph (6), by adding at the end
5 the following: ‘‘Such disbursing agencies must
6 ensure that the confidentiality and privacy re-
7 quirements of this title are maintained in mak-
8 ing such reports, and that personally identifying
9 information about adult, youth and child vic-
10 tims of domestic violence, dating violence, sex-
11 ual assault and stalking is not requested or in-
12 cluded in any such reports.’’;
13 (E) in paragraph (8), by striking ‘‘under
14 this title’’ and inserting ‘‘under this title. In
15 this title, including for the purpose of grants
16 authorized under this title, the term ‘violent
17 crimes against women’ includes violent crimes
18 against a person of any gender.’’;
19 (F) in paragraph (11), by adding at the
20 end the following: ‘‘The Office on Violence
21 Against Women shall make all technical assist-
22 ance available as broadly as possible to any ap-
23 propriate grantees, subgrantees, potential
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24 grantees, or other entities without regard to
25 whether the entity has received funding from
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1 the Office on Violence Against Women for a
2 particular program or project.’’;
3 (G) in paragraph (13)—
4 (i) in subparagraph (A), by inserting
5 after ‘‘the Violence Against Women Reau-
6 thorization Act of 2013’’ the following:
7 ‘‘(Public Law 113–4; 127 Stat. 54)’’; and
8 (ii) in subparagraph (C), by striking
9 ‘‘section 3789d of title 42, United States
10 Code’’ and inserting ‘‘section 809 of title I
11 of the Omnibus Crime Control and Safe
12 Streets Act of 1968 (34 U.S.C. 10228)’’;
13 (H) in paragraph (14), by inserting after
14 ‘‘are also victims of’’ the following: ‘‘forced
15 marriage, or’’;
16 (I) by striking paragraph (15); and
17 (J) in paragraph (16)—
18 (i) by striking paragraph (A)(iii) and
19 inserting the following new clause:
20 ‘‘(iii) TECHNICAL ASSISTANCE.—A re-
21 cipient of grant funds under this Act that
22 is found to have an unresolved audit find-
23 ing shall be eligible to receive prompt, indi-
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24 vidualized technical assistance to resolve
25 the audit finding and to prevent future
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1 findings, for a period not to exceed the fol-
2 lowing 2 fiscal years.’’; and
3 (ii) in paragraph (C)(i)—
4 (I) by striking ‘‘$20,000’’ and in-
5 serting ‘‘$100,000’’; and
6 (II) by striking ‘‘unless the Dep-
7 uty Attorney General or’’ and insert-
8 ing ‘‘unless the Director or Principal
9 Deputy Director of the Office on Vio-
10 lence Against Women, the Deputy At-
11 torney General, or’’.
12 SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
13 The heads of Executive Departments responsible for
14 carrying out this Act are authorized to coordinate and col-
15 laborate on the prevention of domestic violence, dating vio-
16 lence, sexual assault, and stalking, including sharing best
17 practices and efficient use of resources and technology for
18 victims and those seeking assistance from the Govern-
19 ment.
20 SEC. 4. EFFECTIVE DATE.
21 (a) IN GENERAL.—Except as provided in subsection
22 (b), this Act and the amendments made by this Act shall
23 not take effect until October 1 of the first fiscal year be-
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24 ginning after the date of enactment of this Act.
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1 (b) EFFECTIVE ON DATE OF ENACTMENT.—Sections
2 106, 107, 205, 304, 606, 702, 801, 802, 903, and 1406
3 and any amendments made by such sections shall take ef-
4 fect on the date of enactment of this Act.
5 SEC. 5. AVAILABILITY OF FUNDS.
6 Any funds appropriated pursuant to an authorization
7 of appropriations under this Act or an amendment made
8 by this Act shall remain available until expended.
9TITLE I—ENHANCING LEGAL
10 TOOLS TO COMBAT DOMES-
11 TIC VIOLENCE, DATING VIO-
12 LENCE, SEXUAL ASSAULT,
13 AND STALKING
14 SEC. 101. STOP GRANTS.
15 (a) IN GENERAL.—Part T of title I of the Omnibus
16 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
17 10441 et seq.) is amended—
18 (1) in section 2001(b)—
19 (A) in paragraph (3), by inserting before
20 the semicolon at the end the following: ‘‘includ-
21 ing implementation of the non-discrimination
22 requirements in section 40002(b)(13) of the Vi-
23 olence Against Women Act of 1994’’;
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1 (B) in paragraph (5), by inserting ‘‘and
2 legal assistance’’ after ‘‘improving delivery of
3 victim services’’;
4 (C) in paragraph (9)—
5 (i) by striking ‘‘older and disabled
6 women’’ and inserting ‘‘people 50 years of
7 age or over, people with disabilities, and
8 Deaf people’’; and
9 (ii) inserting ‘‘legal assistance,’’ after
10 ‘‘counseling,’’; and
11 (iii) by striking ‘‘older and disabled
12 individuals’’ and inserting ‘‘people’’;
13 (D) in paragraph (11), by inserting before
14 the semicolon at the end the following: ‘‘, in-
15 cluding rehabilitative work with offenders, re-
16 storative practices, and similar initiatives’’;
17 (E) in paragraph (19), by striking ‘‘and’’
18 at the end;
19 (F) in paragraph (20), by striking the pe-
20 riod at the end and inserting a semicolon; and
21 (G) by inserting after paragraph (20), the
22 following:
23 ‘‘(21) developing and implementing laws, poli-
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24 cies, procedures, or training to ensure the lawful re-
25 covery and storage of any dangerous weapon by the
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1 appropriate law enforcement agency from an adju-
2 dicated perpetrator of any offense of domestic vio-
3 lence, dating violence, sexual assault, or stalking,
4 and the return of such weapon when appropriate,
5 where any Federal, State, Tribal, or local court
6 has—
7 ‘‘(A)(i) issued protective or other restrain-
8 ing orders against such a perpetrator; or
9 ‘‘(ii) found such a perpetrator to be guilty
10 of misdemeanor or felony crimes of domestic vi-
11 olence, dating violence, sexual assault, or stalk-
12 ing; and
13 ‘‘(B) ordered the perpetrator to relinquish
14 dangerous weapons that the perpetrator pos-
15 sesses or has used in the commission of at least
16 one of the aforementioned crimes;
17 Policies, procedures, protocols, laws, regulations, or
18 training under this section shall include the safest
19 means of recovery of, and best practices for storage
20 of, relinquished and recovered dangerous weapons
21 and their return, when applicable, at such time as
22 the individual is no longer prohibited from pos-
23 sessing such weapons under Federal, State, or Trib-
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24 al law, or posted local ordinances;
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1 ‘‘(22) developing, enlarging, or strengthening
2 culturally specific victim services programs to pro-
3 vide culturally specific victim services regarding, re-
4 sponses to, and prevention of female genital mutila-
5 tion, female genital cutting, or female circumcision;
6 and
7 ‘‘(23) providing victim advocates in State or
8 local law enforcement agencies, prosecutors’ offices,
9 and courts and providing supportive services and ad-
10 vocacy to urban American Indian and Alaska Native
11 victims of domestic violence, dating violence, sexual
12 assault, and stalking.’’;
13 (2) in section 2007—
14 (A) in subsection (d)—
15 (i) by redesignating paragraphs (5)
16 and (6) as paragraphs (7) and (8), respec-
17 tively; and
18 (ii) by inserting after paragraph (4)
19 the following:
20 ‘‘(5) proof of compliance with the requirements
21 regarding training and best practices for victim-cen-
22 tered prosecution, described in section 2017;
23 ‘‘(6) proof of compliance with the requirements
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24 regarding civil rights under section 40002(b)(13) of
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1 the Violent Crime Control and Law Enforcement
2 Act of 1994;’’;
3 (B) in subsection (i)—
4 (i) in paragraph (1), by inserting be-
5 fore the semicolon at the end the following:
6 ‘‘and the requirements under section
7 40002(b) of the Violent Crime Control and
8 Law Enforcement Act of 1994 (34 U.S.C.
9 12291(b))’’; and
10 (ii) in paragraph (2)(C)(iv), by insert-
11 ing after ‘‘ethnicity,’’ the following: ‘‘sexual
12 orientation, gender identity,’’; and
13 (C) by adding at the end the following:
14 ‘‘(k) REVIEWS FOR COMPLIANCE WITH NON-
15 DISCRIMINATION REQUIREMENTS.—
16 ‘‘(1) IN GENERAL.—If allegations of discrimina-
17 tion in violation of section 40002(b)(13)(A) of the
18 Violence Against Women Act of 1994 (34 U.S.C.
19 12291(b)(13)(A)) by a potential grantee under this
20 part have been made to the Attorney General, the
21 Attorney General shall, prior to awarding a grant
22 under this part to such potential grantee, conduct a
23 review and take steps to ensure the compliance of
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24 the potential grantee with such section.
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1 ‘‘(2) ESTABLISHMENT OF RULE.—Not later
2 than 1 year after the date of enactment of the Vio-
3 lence Against Women Reauthorization Act of 2021,
4 the Attorney General shall by rule establish proce-
5 dures for such a review.
6 ‘‘(3) BIENNIAL REPORT.—Beginning on the
7 date that is 1 year after the date of enactment of
8 the Violence Against Women Reauthorization Act of
9 2021, and once every 2 years thereafter, the Attor-
10 ney General shall report to the Committees on the
11 Judiciary of the Senate and of the House of Rep-
12 resentatives regarding compliance with section
13 40002(b)(13)(A) of the Violence Against Women Act
14 of 1994 (34 U.S.C. 12291(b)(13)(A)) by recipients
15 of grants under this part, including a report on the
16 number of complaints filed and the resolution of
17 those complaints.’’; and
18 (3) by adding at the end the following:
19 ‘‘SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING
20 VICTIM TESTIMONY.
21 ‘‘In order for a prosecutor’s office to be eligible to
22 receive funds under this part, the head of the office shall
23 certify to the State, Indian Tribal government, or terri-
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24 torial government receiving a grant under this part, and
25 from which the office will receive funds, that the office
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1 implemented and trained its personnel on best practices
2 regarding victim-centered approaches in domestic violence,
3 sexual assault, dating violence, and stalking cases, includ-
4 ing policies addressing the use of bench warrants, body
5 attachments, and material witness warrants for victims
6 who fail to appear. The best practices shall be developed
7 by experts in the fields of domestic violence, sexual as-
8 sault, dating violence, stalking, and prosecution.’’.
9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
10 1001(a)(18) of the Omnibus Crime Control and Safe
11 Streets Act of 1968 (34 U.S.C. 10261(a)(18)) is amended
12 by striking ‘‘2014 through 2018’’ and inserting ‘‘2022
13 through 2026’’.
14 SEC. 102. GRANTS TO ENCOURAGE IMPROVEMENTS AND
15 ALTERNATIVES TO THE CRIMINAL JUSTICE
16 RESPONSE.
17 (a) HEADING.—Part U of title I of the Omnibus
18 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
19 10461 et seq.) is amended in the heading, by striking
20 ‘‘GRANTS TO ENCOURAGE ARREST POLICIES’’ and in-
21 serting ‘‘GRANTS TO ENCOURAGE IMPROVEMENTS
22 AND ALTERNATIVES TO THE CRIMINAL JUSTICE RE-
23 SPONSE’’.
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1 (b) GRANTS.—Section 2101 of the Omnibus Crime
2 Control and Safe Streets Act of 1968 (34 U.S.C. 10461)
3 is amended—
4 (1) by striking subsection (a) and inserting the
5 following:
6 ‘‘(a) PURPOSE.—The purpose of this part is to assist
7 States, Indian Tribal governments, State and local courts
8 (including juvenile courts), Tribal courts, and units of
9 local government to improve the criminal justice response
10 to domestic violence, dating violence, sexual assault, and
11 stalking, and to seek safety and autonomy for victims.’’;
12 (2) in subsection (b)—
13 (A) in paragraph (1), by striking
14 ‘‘proarrest’’ and inserting ‘‘offender account-
15 ability and homicide reduction’’;
16 (B) in paragraph (5), by striking ‘‘legal
17 advocacy service programs’’ and inserting ‘‘legal
18 advocacy and legal assistance programs’’;
19 (C) in paragraph (7), strike ‘‘and tribal ju-
20 risdictions’’ and insert ‘‘tribal jurisdictions, coa-
21 litions, and victim service providers’’;
22 (D) in paragraph (8)—
23 (i) by striking ‘‘older individuals (as
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24 defined in section 102 of the Older Ameri-
25 cans Act of 1965 (42 U.S.C. 3002))’’ and
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1 inserting ‘‘people 50 years of age or over’’;
2 and
3 (ii) by striking ‘‘individuals with dis-
4 abilities (as defined in section 3(2) of the
5 Americans with Disabilities Act of 1990
6 (42 U.S.C. 12102(2)))’’ and inserting
7 ‘‘people with disabilities (as defined in the
8 Americans with Disabilities Act of 1990
9 (42 U.S.C. 12102)) and Deaf people’’;
10 (E) in paragraph (19), by inserting before
11 the period at the end the following ‘‘, including
12 victims among underserved populations (as de-
13 fined in section 40002(a)(46) of the Violence
14 Against Women Act of 1994)’’; and
15 (F) by adding at the end the following:
16 ‘‘(25) To develop and implement restorative
17 practices (as such term is defined in section
18 40002(a) of the Violence Against Women Act of
19 1994).
20 ‘‘(26) To develop and implement laws, policies,
21 procedures, and training—
22 ‘‘(A) for the purpose of homicide preven-
23 tion, preventing lethal assaults, and responding
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24 to threats of lethal assaults through effective
25 enforcement of court orders prohibiting posses-
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1 sion of and mandating the recovery of firearms
2 from adjudicated domestic violence, dating vio-
3 lence, sexual assault or stalking offenders; and
4 ‘‘(B) to address victim safety, safe storage
5 of contraband during the pendency of the court
6 order and, where appropriate, safe return of
7 such contraband at the conclusion of the court
8 order.
9 ‘‘(27) To develop and implement alternative
10 methods of reducing crime in communities, to sup-
11 plant punitive programs or policies. For purposes of
12 this paragraph, a punitive program or policy is a
13 program or policy that—
14 ‘‘(A) imposes a penalty described in section
15 41415(b)(2) of the Violence Against Women
16 Act of 1994 on a victim of domestic violence,
17 dating violence, sexual assault, or stalking, on
18 the basis of a request by the victim for law en-
19 forcement or emergency assistance; or
20 ‘‘(B) imposes a penalty described in sec-
21 tion 41415(b)(2) of the Violence Against
22 Women Act of 1994 on a landlord, homeowner,
23 tenant, resident, occupant, or guest on such a
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24 victim because of criminal activity at the prop-
25 erty in which the victim resides, including do-
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1 mestic violence dating violence, sexual assault,
2 and stalking, where the landlord, homeowner,
3 tenant, resident, occupant, or guest was a vic-
4 tim of such criminal activity.’’;
5 (3) in subsection (c)(1)—
6 (A) in subparagraph (A)—
7 (i) in clause (i), by striking ‘‘encour-
8 age or mandate arrests of domestic vio-
9 lence offenders’’ and inserting ‘‘encourage
10 arrests of offenders’’; and
11 (ii) in clause (ii), by striking ‘‘encour-
12 age or mandate arrest of domestic violence
13 offenders’’ and inserting ‘‘encourage arrest
14 of offenders’’; and
15 (B) by inserting after subparagraph (E)
16 the following:
17 ‘‘(F) certify that, not later than 3 years
18 after the date of the enactment of this subpara-
19 graph, that the grantee has implemented and
20 trained its personnel on best practices, which
21 have been developed by experts in the fields of
22 domestic violence, sexual assault, dating vio-
23 lence, and prosecution, regarding victim-cen-
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24 tered approaches in domestic violence, sexual
25 assault, dating violence, and stalking cases, in-
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1 cluding policies addressing the use of bench
2 warrants, body attachments, and material wit-
3 ness warrants for victims who fail to appear;
4 and’’; and
5 (4) insert after subsection (g) the following:
6 ‘‘(h) ALLOCATION FOR CULTURALLY SPECIFIC SERV-
7 ICES.—Of the amounts appropriated for purposes of this
8 part for each fiscal year, not less than 5 percent shall be
9 available for grants to culturally specific victim service
10 providers.’’.
11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section
12 1001(a)(19) of the Omnibus Crime Control and Safe
13 Streets Act of 1968 (34 U.S.C. 10261(a)(19)) is amended
14 by striking ‘‘2014 through 2018’’ and inserting ‘‘2022
15 through 2026’’.
16 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
17 (a) IN GENERAL.—Section 1201 of division B of the
18 Victims of Trafficking and Violence Protection Act of
19 2000 (34 U.S.C. 20121) is amended—
20 (1) in subsection (a), by inserting after ‘‘no cost
21 to the victims.’’ the following: ‘‘When legal assist-
22 ance to a dependent is necessary for the safety of a
23 victim, such assistance may be provided.’’;
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24 (2) in subsection (d)—
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1 (A) by amending paragraph (1) to read as
2 follows:
3 ‘‘(1) any person providing legal assistance
4 through a program funded under this section—
5 ‘‘(A)(i) is a licensed attorney or is working
6 under the direct supervision of a licensed attor-
7 ney;
8 ‘‘(ii) in immigration proceedings, is a
9 Board of Immigration Appeals accredited rep-
10 resentative; or
11 ‘‘(iii) is any person who functions as an at-
12 torney or lay advocate in tribal court; and
13 ‘‘(B)(i) has demonstrated expertise in pro-
14 viding legal assistance to victims of domestic vi-
15 olence, dating violence, sexual assault, or stalk-
16 ing in the targeted population; or
17 ‘‘(ii)(I) is partnered with an entity or per-
18 son that has demonstrated expertise described
19 in clause (i); and
20 ‘‘(II) has completed, or will complete,
21 training in connection with domestic violence,
22 dating violence, stalking, or sexual assault and
23 related legal issues, including training on evi-
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24 dence-based risk factors for domestic and dat-
25 ing violence homicide;’’;
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1 (B) in paragraph (2), strike ‘‘or stalking’’
2 and insert ‘‘, stalking, or culturally specific’’;
3 (C) in paragraph (4), after ‘‘dating vio-
4 lence,’’ insert ‘‘stalking,’’; and
5 (3) in subsection (f)(1)—
6 (A) by striking ‘‘$57,000,000’’ and insert-
7 ing ‘‘$75,000,000’’; and
8 (B) by striking ‘‘2014 through 2018’’ and
9 inserting ‘‘2022 through 2026’’.
10 (b) GAO REPORT.—Not later than 1 year after the
11 date of enactment of this Act, the Comptroller General
12 of the United States shall submit to Congress a report
13 on the return on investment for legal assistance grants
14 awarded pursuant to section 1201 of division B of the Vic-
15 tims of Trafficking and Violence Protection Act of 2000
16 (34 U.S.C. 20121), including an accounting of the amount
17 saved, if any, on housing, medical, or employment social
18 welfare programs.
19 SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE
20 SYSTEM.
21 Section 1301 of division B of the Victims of Traf-
22 ficking and Violence Protection Act of 2000 (34 U.S.C.
23 12464) is amended—
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24 (1) in subsection (b)—
25 (A) in paragraph (3)—
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1 (i) by striking ‘‘educate’’ and insert-
2 ing ‘‘(A) educate’’;
3 (ii) by inserting ‘‘and’’ after the semi-
4 colon at the end; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(B) establish community-based initiatives
8 within the court system (such as court watch
9 programs, victim assistants, pro se victim as-
10 sistance programs, or community-based supple-
11 mentary services);’’.
12 (B) in paragraph (7), by striking ‘‘and’’ at
13 the end;
14 (C) in paragraph (8)—
15 (i) by striking ‘‘to improve’’ and in-
16 serting ‘‘improve’’; and
17 (ii) by striking the period at the end
18 and inserting ‘‘; and’’; and
19 (D) by inserting after paragraph (8) the
20 following:
21 ‘‘(9) develop and implement restorative prac-
22 tices (as such term is defined in section 40002(a) of
23 the Violence Against Women Act of 1994).’’; and
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24 (2) in subsection (e), by striking ‘‘2014 through
25 2018’’ and inserting ‘‘2022 through 2026’’.
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1 SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED
2 POPULATIONS GRANTS.
3 Section 120 of the Violence Against Women and De-
4 partment of Justice Reauthorization Act of 2005 (34
5 U.S.C. 20123) is amended—
6 (1) in subsection (a), by adding at the end the
7 following:
8 ‘‘(3) PURPOSE.—The purpose of this grant pro-
9 gram is to ensure that all underserved populations
10 (as such term is defined in section 40002 of the Vio-
11 lent Crime Control and Law Enforcement Act of
12 1994 (34 U.S.C. 12291(a)) are given non-exclu-
13 sionary consideration in each grant cycle. Periodic
14 priority may be placed on certain underserved popu-
15 lations and forms of violence to meet identified
16 needs and must be accompanied by a non-priority
17 option.’’;
18 (2) in subsection (d)—
19 (A) in paragraph (4), by striking ‘‘or’’ at
20 the end;
21 (B) in paragraph (5), by striking the pe-
22 riod at the end and inserting a semicolon; and
23 (C) by adding at the end the following:
24 ‘‘(6) developing, enlarging, or strengthening
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25 culturally specific programs and projects to provide
26 culturally specific services regarding, responses to,
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1 and prevention of female genital mutilation, female
2 genital cutting, or female circumcision; or
3 ‘‘(7) strengthening the appropriate responsive-
4 ness of social and human services by providing popu-
5 lation-specific training for service providers on do-
6 mestic violence, dating violence, sexual assault, or
7 stalking in underserved populations.’’; and
8 (3) in subsection (g), by striking ‘‘2014 through
9 2018’’ and inserting ‘‘2022 through 2026’’.
10 SEC. 106. CRIMINAL PROVISIONS.
11 Section 2265 of title 18, United States Code, is
12 amended—
13 (1) in subsection (d)(3)—
14 (A) by striking ‘‘restraining order or in-
15 junction,’’; and
16 (B) by adding at the end the following:
17 ‘‘The prohibition under this paragraph applies
18 to all protection orders for the protection of a
19 person residing within a State, territorial, or
20 Tribal jurisdiction, whether or not the protec-
21 tion order was issued by that State, territory,
22 or Tribe.’’; and
23 (2) in subsection (e), by adding at the end the
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24 following: ‘‘This applies to all Alaska Tribes without
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1 respect to ‘Indian country’ or the population of the
2 Native village associated with the Tribe.’’.
3 SEC. 107. RAPE SURVIVOR CHILD CUSTODY.
4 Section 409 of the Justice for Victims of Trafficking
5 Act of 2015 (34 U.S.C. 21308) is amended by striking
6 ‘‘2015 through 2019’’ and inserting ‘‘2022 through
7 2026’’.
8 SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES
9 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-
10 ING VIOLENCE, SEXUAL ASSAULT, AND
11 STALKING.
12 Section 121 of the Violence Against Women and De-
13 partment of Justice Reauthorization Act of 2005 (34
14 U.S.C. 20124) is amended—
15 (1) in subsection (a)—
16 (A) in paragraph (1), by striking ‘‘shall
17 take 5 percent of such appropriated amounts’’
18 and inserting ‘‘shall take 10 percent of such ap-
19 propriated amounts for the program under sub-
20 section (a)(2)(A) and 5 percent of such appro-
21 priated amounts for the programs under sub-
22 section (a)(2)(B) through (E)’’; and
23 (B) by adding at the end the following:
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24 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO-
25 PRIATIONS.—In addition to the amounts made avail-
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1 able under paragraph (1), there are authorized to be
2 appropriated to carry out this section $40,000,000
3 for each of fiscal years 2022 through 2026.
4 ‘‘(4) DISTRIBUTION.—Of the total amount
5 available for grants under this section, not less than
6 40 percent of such funds shall be allocated for pro-
7 grams or projects that meaningfully address non-in-
8 timate partner relationship sexual assault.’’;
9 (2) in subsection (b)(3), by adding at the end
10 the following: ‘‘At least one such organization shall
11 have demonstrated expertise primarily in domestic
12 violence services, and at least one such organization
13 shall have demonstrated expertise primarily in non-
14 intimate partner sexual assault services.’’; and
15 (3) in subsection (e)—
16 (A) by striking ‘‘2-year’’ and inserting ‘‘3-
17 year’’; and
18 (B) by striking ‘‘2 years’’ and inserting ‘‘3
19 years’’.
20 SEC. 109. GRANTS FOR LETHALITY ASSESSMENT PRO-
21 GRAMS.
22 (a) IN GENERAL.—The Attorney General may make
23 grants to States, units of local government, Indian Tribes,
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24 domestic violence victim service providers, and State or
25 Tribal Domestic Violence Coalitions for technical assist-
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1 ance and training in the operation or establishment of a
2 lethality assessment program.
3 (b) DEFINITION.—In this section, the term ‘‘lethality
4 assessment program’’ means a program that—
5 (1) rapidly connects a victim of domestic vio-
6 lence to local community-based victim service pro-
7 viders;
8 (2) helps first responders and others in the jus-
9 tice system, including courts, law enforcement agen-
10 cies, and prosecutors of Tribal government and units
11 of local government, identify and respond to possibly
12 lethal circumstances; and
13 (3) identifies victims of domestic violence who
14 are at high risk of being seriously injured or killed
15 by an intimate partner.
16 (c) QUALIFICATIONS.—To be eligible for a grant
17 under this section, an applicant shall demonstrate experi-
18 ence in developing, implementing, evaluating, and dissemi-
19 nating a lethality assessment program.
20 (d) AUTHORIZATION OF APPROPRIATIONS.—There
21 are authorized to be appropriated $5,000,000 to carry out
22 this section for each of fiscal years 2022 through 2026.
23 (e) DEFINITIONS.—Terms used in this section have
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24 the meanings given such terms in section 40002 of the
25 Violence Against Women Act of 1994 (34 U.S.C. 12291).
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1 TITLE II—IMPROVING SERVICES
2 FOR VICTIMS
3 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
4 Section 41601 of the Violent Crime Control and Law
5 Enforcement Act of 1994 (34 U.S.C. 12511) is amend-
6 ed—
7 (1) in subsection (b)(4), by striking ‘‘0.25 per-
8 cent’’ and inserting ‘‘0.5 percent’’; and
9 (2) in subsection (f)(1), by striking ‘‘2014
10 through 2018’’ and inserting ‘‘2022 through 2026’’.
11 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
12 Section 41601(f)(1) of the Violent Crime Control and
13 Law Enforcement Act of 1994 (34 U.S.C. 12511(f)(1))
14 is amended by striking ‘‘$40,000,000 to remain available
15 until expended for each of fiscal years 2014 through
16 2018’’ and inserting ‘‘$60,000,000 to remain available
17 until expended for each of fiscal years 2022 through
18 2026’’.
19 SEC. 203. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE,
20 SEXUAL ASSAULT, STALKING, AND CHILD
21 ABUSE ENFORCEMENT ASSISTANCE PRO-
22 GRAM.
23 Section 40295 of the Violent Crime Control and Law
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24 Enforcement Act of 1994 (34 U.S.C. 12341) is amend-
25 ed—
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1 (1) in subsection (a)(3), by striking ‘‘women’’
2 and inserting ‘‘adults, youth,’’; and
3 (2) in subsection (e)(1), by striking ‘‘2014
4 through 2018’’ and inserting ‘‘2022 through 2026’’.
5 SEC. 204. GRANTS FO TRAINING AND SERVICES TO END VI-
6 OLENCE AGAINST PEOPLE WITH DISABIL-
7 ITIES AND DEAF PEOPLE.
8 Section 1402 of division B of the Victims of Traf-
9 ficking and Violence Protection Act of 2000 (34 U.S.C.
10 20122) is amended—
11 (1) in the heading—
12 (A) by striking ‘‘WOMEN’’ and inserting
13 ‘‘PEOPLE’’; and
14 (B) by inserting after ‘‘DISABILITIES’’
15 the following: ‘‘AND DEAF PEOPLE’’;
16 (2) in subsection (a)—
17 (A) by striking ‘‘individuals’’ each place it
18 appears and inserting ‘‘people’’; and
19 (B) by inserting after ‘‘with disabilities (as
20 defined in section 3 of the Americans with Dis-
21 abilities Act of 1990 (42 U.S.C. 12102))’’ the
22 following: ‘‘and Deaf people’’.
23 (3) in subsection (b)—
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1 (A) by striking ‘‘disabled individuals’’ each
2 place it appears and inserting ‘‘people with dis-
3 abilities and Deaf people’’;
4 (B) in paragraph (3), by inserting after
5 ‘‘law enforcement’’ the following: ‘‘and other
6 first responders’’; and
7 (C) in paragraph (8), by striking ‘‘pro-
8 viding advocacy and intervention services with-
9 in’’ and inserting ‘‘to enhance the capacity of’’;
10 (4) in subsection (c), by striking ‘‘disabled indi-
11 viduals’’ and inserting ‘‘people with disabilities and
12 Deaf people’’; and
13 (5) in subsection (e), by striking ‘‘2014 through
14 2018’’ and inserting ‘‘2022 through 2026’’.
15 SEC. 205. TRAINING AND SERVICES TO END ABUSE IN
16 LATER LIFE.
17 Section 40801 of the Violent Crime Control and Law
18 Enforcement Act of 1994 (34 U.S.C. 12421)—
19 (1) in the heading, by striking ‘‘ENHANCED
20 TRAINING’’ and inserting ‘‘TRAINING’’;
21 (2) by striking subsection ‘‘(a) DEFINITIONS.—
22 In this section—’’ and all that follows through para-
23 graph (1) of subsection (b) and inserting the fol-
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24 lowing: ‘‘The Attorney General shall make grants to
25 eligible entities in accordance with the following:’’;
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1 (3) by redesignating paragraphs (2) through
2 (5) of subsection (b) as paragraphs (1) through (4);
3 (4) in paragraph (1) (as redesignated by para-
4 graph (3) of this subsection)—
5 (A) by striking ‘‘, including domestic vio-
6 lence, dating violence, sexual assault, stalking,
7 exploitation, and neglect’’ each place it appears;
8 (B) in subparagraph (A)—
9 (i) in clause (i), by striking ‘‘elder
10 abuse’’ and inserting the following: ‘‘abuse
11 in later life’’; and
12 (ii) in clause (iv), by striking ‘‘advo-
13 cates, victim service providers, and courts
14 to better serve victims of abuse in later
15 life’’ and inserting ‘‘leaders, victim advo-
16 cates, victim service providers, courts, and
17 first responders to better serve older vic-
18 tims’’;
19 (C) in subparagraph (B)(i), by striking ‘‘or
20 other community-based organizations in recog-
21 nizing and addressing instances of abuse in
22 later life’’ and inserting ‘‘community-based or-
23 ganizations, or other professionals who may
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24 identify or respond to abuse in later life’’; and
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1 (D) in subparagraph (D), by striking ‘‘sub-
2 paragraph (B)(ii)’’ and inserting ‘‘paragraph
3 (2)(B)’’;
4 (5) in paragraph (2) (as redesignated by para-
5 graph (3))—
6 (A) in subparagraph (A)—
7 (i) in clause (iv). by striking ‘‘with
8 demonstrated experience in assisting indi-
9 viduals over 50 years of age’’; and
10 (ii) in clause (v), by striking ‘‘with
11 demonstrated experience in addressing do-
12 mestic violence, dating violence, sexual as-
13 sault, and stalking’’; and
14 (B) in subparagraph (B)—
15 (i) in the matter preceding clause (i),
16 by striking ‘‘at a minimum’’ and inserting
17 ‘‘at least two of’’;
18 (ii) in clause (iii), by striking ‘‘and’’
19 at the end, and inserting ‘‘or’’; and
20 (iii) in clause (iv), by striking ‘‘in
21 later life;’’ and inserting ‘‘50 years of age
22 or over.’’; and
23 (6) in paragraph (4) (as redesignated by para-
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24 graph (3)), by striking ‘‘2014 through 2018’’ and
25 inserting ‘‘2022 through 2026’’.
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1 SEC. 206. DEMONSTRATION PROGRAM ON TRAUMA-IN-
2 FORMED TRAINING FOR LAW ENFORCEMENT.
3 Title IV of the Violent Crime Control and Law En-
4 forcement Act of 1994 (34 U.S.C. 10101 note) is amended
5 by adding at the end the following:
6 ‘‘Subtitle Q—Trauma-informed
7 Training for Law Enforcement
8 ‘‘SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-IN-
9 FORMED TRAINING FOR LAW ENFORCEMENT.
10 ‘‘(a) DEFINITIONS.—In this section—
11 ‘‘(1) the term ‘Attorney General’ means the At-
12 torney General, acting through the Director of the
13 Office on Violence Against Women;
14 ‘‘(2) the term ‘covered individual’ means an in-
15 dividual who interfaces with victims of domestic vio-
16 lence, dating violence, sexual assault, and stalking,
17 including—
18 ‘‘(A) an individual working for or on behalf
19 of an eligible entity;
20 ‘‘(B) a school or university administrator
21 or personnel; and
22 ‘‘(C) an emergency services or medical em-
23 ployee;
24 ‘‘(3) the term ‘demonstration site’, with respect
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25 to an eligible entity that receives a grant under this
26 section, means—
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1 ‘‘(A) if the eligible entity is a law enforce-
2 ment agency described in paragraph (4)(A), the
3 area over which the eligible entity has jurisdic-
4 tion; and
5 ‘‘(B) if the eligible entity is an organiza-
6 tion or agency described in paragraph (4)(B),
7 the area over which a law enforcement agency
8 described in paragraph (4)(A) that is working
9 in collaboration with the eligible entity has ju-
10 risdiction; and
11 ‘‘(4) the term ‘eligible entity’ means—
12 ‘‘(A) a State, local, territorial, or Tribal
13 law enforcement agency; or
14 ‘‘(B) a national, regional, or local victim
15 services organization or agency working in col-
16 laboration with a law enforcement agency de-
17 scribed in subparagraph (A).
18 ‘‘(b) GRANTS AUTHORIZED.—
19 ‘‘(1) IN GENERAL.—The Attorney General shall
20 award grants on a competitive basis to eligible enti-
21 ties to carry out the demonstration program under
22 this section by implementing evidence-based or
23 promising policies and practices to incorporate trau-
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24 ma-informed techniques designed to—
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1 ‘‘(A) prevent re-traumatization of the vic-
2 tim;
3 ‘‘(B) ensure that covered individuals use
4 evidence-based practices to respond to and in-
5 vestigate cases of domestic violence, dating vio-
6 lence, sexual assault, and stalking;
7 ‘‘(C) improve communication between vic-
8 tims and law enforcement officers in an effort
9 to increase the likelihood of the successful in-
10 vestigation and prosecution of the reported
11 crime in a manner that protects the victim to
12 the greatest extent possible;
13 ‘‘(D) increase collaboration among stake-
14 holders who are part of the coordinated commu-
15 nity response to domestic violence, dating vio-
16 lence, sexual assault, and stalking; and
17 ‘‘(E) evaluate the effectiveness of the
18 training process and content by measuring—
19 ‘‘(i) investigative and prosecutorial
20 practices and outcomes; and
21 ‘‘(ii) the well-being of victims and
22 their satisfaction with the criminal justice
23 process.
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24 ‘‘(2) TERM.—The Attorney General shall make
25 grants under this section for each of the first 2 fis-
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1 cal years beginning after the date of enactment of
2 this Act.
3 ‘‘(3) AWARD BASIS.—The Attorney General
4 shall award grants under this section to multiple eli-
5 gible entities for use in a variety of settings and
6 communities, including—
7 ‘‘(A) urban, suburban, Tribal, remote, and
8 rural areas;
9 ‘‘(B) college campuses; or
10 ‘‘(C) traditionally underserved commu-
11 nities.
12 ‘‘(c) USE OF FUNDS.—An eligible entity that receives
13 a grant under this section shall use the grant to—
14 ‘‘(1) train covered individuals within the dem-
15 onstration site of the eligible entity to use evidence-
16 based, trauma-informed techniques and knowledge of
17 crime victims’ rights throughout an investigation
18 into domestic violence, dating violence, sexual as-
19 sault, or stalking, including by—
20 ‘‘(A) conducting victim interviews in a
21 manner that—
22 ‘‘(i) elicits valuable information about
23 the domestic violence, dating violence, sex-
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24 ual assault, or stalking; and
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1 ‘‘(ii) avoids re-traumatization of the
2 victim;
3 ‘‘(B) conducting field investigations that
4 mirror best and promising practices available at
5 the time of the investigation;
6 ‘‘(C) customizing investigative approaches
7 to ensure a culturally and linguistically appro-
8 priate approach to the community being served;
9 ‘‘(D) becoming proficient in understanding
10 and responding to complex cases, including
11 cases of domestic violence, dating violence, sex-
12 ual assault, or stalking—
13 ‘‘(i) facilitated by alcohol or drugs;
14 ‘‘(ii) involving strangulation;
15 ‘‘(iii) committed by a non-stranger;
16 ‘‘(iv) committed by an individual of
17 the same sex as the victim;
18 ‘‘(v) involving a victim with a dis-
19 ability;
20 ‘‘(vi) involving a male victim; or
21 ‘‘(vii) involving a lesbian, gay, bisex-
22 ual, or transgender (commonly referred to
23 as ‘LGBT’) victim;
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24 ‘‘(E) developing collaborative relationships
25 between—
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1 ‘‘(i) law enforcement officers and
2 other members of the response team; and
3 ‘‘(ii) the community being served; and
4 ‘‘(F) developing an understanding of how
5 to define, identify, and correctly classify a re-
6 port of domestic violence, dating violence, sex-
7 ual assault, or stalking; and
8 ‘‘(2) promote the efforts of the eligible entity to
9 improve the response of covered individuals to do-
10 mestic violence, dating violence, sexual assault, and
11 stalking through various communication channels,
12 such as the website of the eligible entity, social
13 media, print materials, and community meetings, in
14 order to ensure that all covered individuals within
15 the demonstration site of the eligible entity are
16 aware of those efforts and included in trainings, to
17 the extent practicable.
18 ‘‘(d) DEMONSTRATION PROGRAM TRAININGS ON
19 TRAUMA-INFORMED APPROACHES.—
20 ‘‘(1) IDENTIFICATION OF EXISTING
21 TRAININGS.—
22 ‘‘(A) IN GENERAL.—The Attorney General
23 shall identify trainings for law enforcement offi-
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24 cers, in existence as of the date on which the
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1 Attorney General begins to solicit applications
2 for grants under this section, that—
3 ‘‘(i) employ a trauma-informed ap-
4 proach to domestic violence, dating vio-
5 lence, sexual assault, and stalking; and
6 ‘‘(ii) focus on the fundamentals of—
7 ‘‘(I) trauma responses; and
8 ‘‘(II) the impact of trauma on
9 victims of domestic violence, dating vi-
10 olence, sexual assault, and stalking.
11 ‘‘(B) SELECTION.—An eligible entity that
12 receives a grant under this section shall select
13 one or more of the approaches employed by a
14 training identified under subparagraph (A) to
15 test within the demonstration site of the eligible
16 entity.
17 ‘‘(2) CONSULTATION.—In carrying out para-
18 graph (1), the Attorney General shall consult with
19 the Director of the Office for Victims of Crime in
20 order to seek input from and cultivate consensus
21 among outside practitioners and other stakeholders
22 through facilitated discussions and focus groups on
23 best practices in the field of trauma-informed care
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24 for victims of domestic violence, dating violence, sex-
25 ual assault, and stalking.
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1 ‘‘(e) EVALUATION.—The Attorney General, in con-
2 sultation with the Director of the National Institute of
3 Justice, shall require each eligible entity that receives a
4 grant under this section to identify a research partner,
5 preferably a local research partner, to—
6 ‘‘(1) design a system for generating and col-
7 lecting the appropriate data to facilitate an inde-
8 pendent process or impact evaluation of the use of
9 the grant funds;
10 ‘‘(2) periodically conduct an evaluation de-
11 scribed in paragraph (1); and
12 ‘‘(3) periodically make publicly available, during
13 the grant period—
14 ‘‘(A) preliminary results of the evaluations
15 conducted under paragraph (2); and
16 ‘‘(B) recommendations for improving the
17 use of the grant funds.
18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—The At-
19 torney General shall carry out this section using amounts
20 otherwise available to the Attorney General.
21 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
22 tion shall be construed to interfere with the due process
23 rights of any individual.’’.
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1 TITLE III—SERVICES, PROTEC-
2 TION, AND JUSTICE FOR
3 YOUNG VICTIMS
4 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
5 Section 393A of the Public Health Service Act (42
6 U.S.C. 280b–1b) is amended—
7 (1) in subsection (a)—
8 (A) in paragraph (2), by inserting before
9 the semicolon at the end the following ‘‘or dig-
10 ital services (as such term is defined in section
11 40002(a) of the Violence Against Women Act of
12 1994)’’;
13 (B) in paragraph (3), by striking ‘‘profes-
14 sionals’’ and inserting ‘‘professionals, including
15 school-based professionals, to identify and refer
16 students who may have experienced or are at
17 risk of experiencing sexual violence’’; and
18 (C) in paragraph (7), by striking ‘‘sexual
19 assault’’ and inserting ‘‘sexual violence, sexual
20 assault, and sexual harassment’’;
21 (2) in subsection (b), by striking ‘‘Indian trib-
22 al’’ and inserting ‘‘Indian Tribal’’;
23 (3) by redesignating subsection (c) through (d)
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24 as subsections (d) through (e), respectively;
25 (4) by inserting the following new subsection:
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1 ‘‘(c) MEANINGFUL INVOLVEMENT OF STATE SEXUAL
2 ASSAULT COALITIONS, CULTURALLY SPECIFIC ORGANI-
3 ZATIONS, AND UNDERSERVED COMMUNITIES.—In grant-
4 ing funds to States, the Secretary shall set forth proce-
5 dures designed to ensure meaningful involvement of the
6 State or territorial sexual assault coalitions, culturally spe-
7 cific organizations, and representatives from underserved
8 communities in the application for and implementation of
9 funding.’’.
10 (5) in subsection (d) (as redesignated by para-
11 graph (3))—
12 (A) in paragraph (1), by striking
13 ‘‘$50,000,000 for each of fiscal years 2014
14 through 2018’’ and inserting ‘‘$110,000,000
15 for each of fiscal years 2022 through 2026’’;
16 (B) in paragraph (3), by adding at the end
17 the following: ‘‘Not less than 80 percent of the
18 total amount made available under this sub-
19 section in each fiscal year shall be awarded in
20 accordance with this paragraph.’’; and
21 (C) by adding at the end the following:
22 ‘‘(4) STATE, TERRITORIAL, AND TRIBAL SEX-
23 UAL ASSAULT COALITION ALLOTMENT.—Of the total
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24 amount made available under this subsection in each
25 fiscal year, not less than 15 percent shall be avail-
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1 able to state, territorial, and tribal sexual assault
2 coalitions for the purposes of coordinating and pro-
3 viding prevention activities, providing assistance to
4 prevention programs, and collaborating and coordi-
5 nating with Federal, State, Tribal, and local entities
6 engaged in sexual violence prevention. From
7 amounts appropriated for grants under this sub-
8 section for each fiscal year, not less than 10 percent
9 of funds shall be available for grants to tribal sexual
10 assault coalitions, and the remaining funds shall be
11 available for grants to State and territorial coali-
12 tions, and the Attorney General shall allocate an
13 amount equal to 1⁄56 of the amounts so appropriated
14 to each of those State and territorial coalitions. Re-
15 ceipt of an award under this subsection by each sex-
16 ual assault coalition shall not preclude the coalition
17 from receiving additional grants or administering
18 funds to carry out the purposes described in sub-
19 section (a).’’.
20 (6) by adding at the end the following:
21 ‘‘(f) REPORT.—Not later than 1 year after the date
22 of the enactment of the Violence Against Women Reau-
23 thorization Act of 2021, the Secretary, acting through the
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24 Director of the Centers for Disease Control and Preven-
25 tion, shall submit to Congress, the Committee on Appro-
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1 priations and the Committee on Energy and Commerce
2 of the House of Representatives, and the Committee on
3 Appropriations and the Committee on Health, Education,
4 Labor, and Pensions of the Senate a report on the activi-
5 ties funded by grants awarded under this section and best
6 practices relating to rape prevention and education.’’.
7 SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS,
8 SERVICES, AND EDUCATION (CHOOSE) FOR
9 CHILDREN AND YOUTH.
10 Section 41201 of the Violent Crime Control and Law
11 Enforcement Act of 1994 (34 U.S.C. 12451) is amend-
12 ed—
13 (1) in subsection (a)—
14 (A) by striking ‘‘stalking, or sex traf-
15 ficking’’ and inserting ‘‘or stalking’’; and
16 (B) by adding at the end the following:
17 ‘‘Grants awarded under this section may be
18 used to address sex trafficking or bullying as
19 part of a comprehensive program focused pri-
20 marily on domestic violence, dating violence,
21 sexual assault, or stalking.’’;
22 (2) in subsection (b)—
23 (A) in paragraph (1)—
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24 (i) in the matter preceding subpara-
25 graph (A)—
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1 (I) by striking ‘‘target youth who
2 are victims of domestic violence, dat-
3 ing violence, sexual assault, stalking,
4 and sex trafficking’’ and inserting
5 ‘‘target youth, including youth in un-
6 derserved populations who are victims
7 of domestic violence, dating violence,
8 sexual assault, stalking, and sex traf-
9 ficking’’; and
10 (II) by striking ‘‘specific serv-
11 ices’’ and inserting ‘‘specific services,
12 restorative practices’’;
13 (ii) in subparagraph (B), by striking
14 ‘‘or’’ at the end;
15 (iii) in subparagraph (C), by striking
16 the period at the end and inserting a semi-
17 colon; and
18 (iv) by inserting after subparagraph
19 (C) the following:
20 ‘‘(D) clarify State or local mandatory re-
21 porting policies and practices regarding peer-to-
22 peer dating violence, sexual assault, stalking,
23 and sex trafficking; or
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24 ‘‘(E) develop, enlarge, or strengthen cul-
25 turally specific programs and projects to pro-
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1 vide culturally specific services regarding, re-
2 sponses to, and prevention of female genital
3 mutilation, female genital cutting, or female cir-
4 cumcision.’’; and
5 (B) in paragraph (2)—
6 (i) in subparagraph (A), by striking
7 ‘‘stalking, or sex trafficking’’ and inserting
8 ‘‘stalking, sex trafficking, or female genital
9 mutilation, female genital cutting, or fe-
10 male circumcision’’;
11 (ii) in subparagraph (B), by striking
12 the semicolon and inserting the following
13 ‘‘, and restorative practices;’’;
14 (iii) in subparagraph (C), by inserting
15 ‘‘confidential’’ before ‘‘support services’’;
16 and
17 (iv) in subparagraph (E), by inserting
18 after ‘‘programming for youth’’ the fol-
19 lowing: ‘‘, including youth in underserved
20 populations,’’;
21 (3) in subsection (c)—
22 (A) in paragraph (1), by striking ‘‘stalk-
23 ing, or sex trafficking’’ and inserting ‘‘or stalk-
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24 ing’’; and
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1 (B) in paragraph (2)(A), by striking
2 ‘‘paragraph (1)’’ and inserting ‘‘subparagraph
3 (A) or (B) of paragraph (1)’’;
4 (4) in subsection (d)(3), by striking ‘‘stalking,
5 and sex trafficking’’ and inserting ‘‘and stalking, in-
6 cluding training on working with youth in under-
7 served populations (and, where intervention or pro-
8 gramming will include a focus on female genital mu-
9 tilation, female genital cutting, or female circumci-
10 sion, or on sex trafficking, sufficient training on
11 those topics)’’; and
12 (5) in subsection (f), by striking ‘‘$15,000,000
13 for each of fiscal years 2014 through 2018’’ and in-
14 serting ‘‘$25,000,000 for each of fiscal years 2022
15 through 2026’’.
16 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM-
17 PUSES.
18 (a) IN GENERAL.—Section 304 of the Violence
19 Against Women and Department of Justice Reauthoriza-
20 tion Act of 2005 (34 U.S.C. 20125) is amended—
21 (1) in subsection (b)—
22 (A) by amending paragraph (2) to read as
23 follows:
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24 ‘‘(2) To develop, strengthen, and implement
25 campus policies, protocols, and services that more ef-
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1 fectively identify and respond to the crimes of do-
2 mestic violence, dating violence, sexual assault and
3 stalking, including the use of technology to commit
4 these crimes, and to train campus administrators,
5 campus security personnel, and all participants in
6 the resolution process, including the Title IX coordi-
7 nator’s office and student conduct office on campus
8 disciplinary or judicial boards on such policies, pro-
9 tocols, and services.’’;
10 (B) by amending paragraph (3) to read as
11 follows:
12 ‘‘(3) To provide prevention and education pro-
13 gramming about domestic violence, dating violence,
14 sexual assault, and stalking, including technological
15 abuse and reproductive and sexual coercion, that is
16 age-appropriate, culturally relevant, ongoing, deliv-
17 ered in multiple venues on campus, accessible, pro-
18 motes respectful nonviolent behavior as a social
19 norm, and engages men and boys. Such program-
20 ming should be developed in partnership or collabo-
21 ratively with experts in intimate partner and sexual
22 violence prevention and intervention.’’;
23 (C) in paragraph (4), by inserting after
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24 ‘‘improve delivery of’’ the following: ‘‘primary
25 prevention training and’’;
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1 (D) in paragraph (9), by striking ‘‘and
2 provide’’ and inserting ‘‘, provide, and dissemi-
3 nate’’;
4 (E) in paragraph (10), by inserting after
5 ‘‘or adapt’’ the following ‘‘and disseminate’’;
6 and
7 (F) by inserting after paragraph (10) the
8 following:
9 ‘‘(11) To train campus health centers and ap-
10 propriate campus faculty, such as academic advisors
11 or professionals who deal with students on a daily
12 basis, on how to recognize and respond to domestic
13 violence, dating violence, sexual assault, and stalk-
14 ing, including training health providers on how to
15 provide universal education to all members of the
16 campus community on the impacts of violence on
17 health and unhealthy relationships and how pro-
18 viders can support ongoing outreach efforts.
19 ‘‘(12) To train campus personnel in how to use
20 a victim-centered, trauma-informed interview tech-
21 nique, which means asking questions of a student or
22 a campus employee who is reported to be a victim
23 of sexual harassment, sexual assault, domestic vio-
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24 lence, dating violence, or stalking, in a manner that
25 is focused on the experience of the reported victim,
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1 that does not judge or blame the reported victim for
2 the alleged crime, and that is informed by evidence-
3 based research on the neurobiology of trauma. To
4 the extent practicable, campus personnel shall allow
5 the reported victim to participate in a recorded
6 interview and to receive a copy of the recorded inter-
7 view.
8 ‘‘(13) To develop and implement restorative
9 practices (as such term is defined in section
10 40002(a) of the Violence Against Women Act of
11 1994).’’;
12 (2) in subsection (c)(3), by striking ‘‘2014
13 through 2018’’ and inserting ‘‘2022 through 2026’’;
14 (3) in subsection (d)—
15 (A) in paragraph (3)(B), by striking ‘‘for
16 all incoming students’’ and inserting ‘‘for all
17 students’’;
18 (B) by amending paragraph (3)(D) to read
19 as follows:
20 ‘‘(D) The grantee shall train all partici-
21 pants in the resolution process, including the
22 Title IX coordinator’s office and student con-
23 duct office, to respond effectively to situations
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24 involving domestic violence, dating violence, sex-
25 ual assault, or stalking.’’; and
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1 (C) in paragraph (4)(C), by inserting after
2 ‘‘sex,’’ the following: ‘‘sexual orientation, gender
3 identity,’’; and
4 (4) in subsection (e), by striking ‘‘$12,000,000
5 for each of fiscal years 2014 through 2018’’ and in-
6 serting ‘‘$16,000,000 for each of fiscal years 2022
7 through 2026’’.
8 (b) REPORT ON BEST PRACTICES REGARDING DO-
9 MESTIC VIOLENCE, DATING VIOLENCE, SEXUAL AS-
10 SAULT, AND STALKING ON CAMPUSES.—Not later than 1
11 year after the date of enactment of this Act, the Secretary
12 of Education shall submit to Congress a report, which in-
13 cludes—
14 (1) an evaluation of programs, events, and edu-
15 cational materials related to domestic violence, dat-
16 ing violence, sexual assault, and stalking; and
17 (2) an assessment of best practices and guid-
18 ance from the evaluation described in paragraph (1),
19 which shall be made publicly available online to uni-
20 versities and college campuses to use as a resource.
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1 TITLE IV—VIOLENCE
2 REDUCTION PRACTICES
3 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS-
4 EASE CONTROL AND PREVENTION.
5 Section 402 of the Violence Against Women and De-
6 partment of Justice Reauthorization Act of 2005 (42
7 U.S.C. 280b–4) is amended—
8 (1) in subsection (b), by striking ‘‘violence
9 against women’’ and inserting ‘‘violence against
10 adults, youth,’’; and
11 (2) in subsection (c), by striking ‘‘2014 through
12 2018’’ and inserting ‘‘2022 through 2026’’.
13 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES
14 (SMART) THROUGH PREVENTION GRANTS.
15 Section 41303 of the Violence Against Women Act
16 of 1994 (34 U.S.C. 12463) is amended—
17 (1) in subsection (b)(1)—
18 (A) in subparagraph (C), by striking
19 ‘‘and’’ at the end;
20 (B) in subparagraph (D), by striking the
21 period at the end and inserting ‘‘; and’’; and
22 (C) by adding at the end the following:
23 ‘‘(E) strategies within each of these areas
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24 addressing the unmet needs of underserved pop-
25 ulations.’’;
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1 (2) in subsection (b)(2)(B), by inserting ‘‘cul-
2 turally specific,’’ after ‘‘after-school,’’;
3 (3) in subsection (d)(3)—
4 (A) in subparagraph (A), by striking
5 ‘‘and’’ at the end;
6 (B) in subparagraph (B), by striking the
7 period at the end and inserting ‘‘; and’’; and
8 (C) by adding at the end the following:
9 ‘‘(C) include a focus on the unmet needs of
10 underserved populations.’’;
11 (4) in subsection (f), by striking ‘‘$15,000,000
12 for each of fiscal years 2014 through 2018’’ and in-
13 serting ‘‘$45,000,000 for each of fiscal years 2022
14 through 2026’’; and
15 (5) in subsection (g), by adding at the end the
16 following:
17 ‘‘(3) REMAINING AMOUNTS.—Any amounts not
18 made available under paragraphs (1) and (2) may be
19 used for any set of purposes described in paragraphs
20 (1), (2), or (3) of subsection (b), or for a project
21 that fulfills two or more of such sets of purposes.’’.
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1 TITLE V—STRENGTHENING THE
2 HEALTHCARE SYSTEMS RE-
3 SPONSE
4 SEC. 501. GRANTS TO STRENGTHEN THE HEALTHCARE SYS-
5 TEMS RESPONSE TO DOMESTIC VIOLENCE,
6 DATING VIOLENCE, SEXUAL ASSAULT, AND
7 STALKING.
8 Section 399P of the Public Health Service Act (42
9 U.S.C. 280g–4) is amended—
10 (1) in subsection (a)—
11 (A) in paragraph (1), by inserting ‘‘com-
12 munity health workers, violence prevention ad-
13 vocates working with health providers,’’ after
14 ‘‘health staff,’’;
15 (B) in paragraph (2)—
16 (i) by inserting ‘‘(including midwives
17 and doulas)’’ after ‘‘residents’’; and
18 (ii) by striking ‘‘and’’ at the end;
19 (C) in paragraph (3)—
20 (i) by striking ‘‘response’’ after ‘‘im-
21 prove the’’ and inserting ‘‘capacity’’;
22 (ii) by inserting ‘‘prevent and respond
23 to’’ after ‘‘(including behavioral and men-
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24 tal health programs) to’’; and
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1 (iii) by striking the period at the end
2 and inserting a semicolon; and
3 (D) by adding at the end the following:
4 ‘‘(4) the development or enhancement and im-
5 plementation of training programs to improve the
6 capacity of early childhood programs to address do-
7 mestic violence, dating violence, sexual assault, and
8 stalking among families they serve; and
9 ‘‘(5) the development or enhancement and im-
10 plementation of comprehensive statewide strategies
11 for health and violence prevention programs to work
12 together to promote primary prevention of domestic
13 violence, dating violence, sexual assault, and stalk-
14 ing.’’;
15 (2) in subsection (b)(1)—
16 (A) in subparagraph (A)(i)—
17 (i) by inserting ‘‘provide universal
18 education on healthy relationships’’ after
19 ‘‘providers to’’;
20 (ii) by striking ‘‘identify’’;
21 (iii) by inserting ‘‘trauma-informed’’
22 after ‘‘and provide’’; and
23 (iv) by striking ‘‘and’’ at the end;
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24 (B) in subparagraph (A)(ii)—
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1 (i) by inserting ‘‘, including labor and
2 sex trafficking’’ after ‘‘other forms of vio-
3 lence and abuse’’;
4 (ii) by striking ‘‘culturally competent
5 clinical’’ after ‘‘plan and develop’’;
6 (iii) by inserting after ‘‘training com-
7 ponents’’ the following; ‘‘that center the
8 experiences of and are developed in col-
9 laboration with Black and Indigenous peo-
10 ple and People of Color, and include com-
11 munity-defined practices such as the use of
12 doulas, midwives, and traditional healers,’’;
13 and
14 (iv) by striking ‘‘disparities’’ and in-
15 serting ‘‘inequities’’;
16 (C) in subparagraph (A), by inserting after
17 clause (ii) the following:
18 ‘‘(iii) are designed to be inclusive of
19 the experiences of all individuals including
20 LGBTQ+ individuals and include training
21 on equity and anti-racism approaches to
22 health services delivery; disparities in ac-
23 cess to health-care services and prevention
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24 resources; and current and historic sys-
25 temic racism in health care services; and
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1 ‘‘(iv) include training on the use of
2 universal prevention education approach to
3 both prevent and respond to domestic vio-
4 lence, dating violence, sexual assault, or
5 stalking in health care settings;’’;
6 (D) in subparagraph (B), in the matter
7 preceding clause (i)—
8 (i) by striking ‘‘response’’ after ‘‘im-
9 prove the’’ and inserting ‘‘capacity’’; and
10 (ii) by inserting ‘‘prevent and respond
11 to’’ after ‘‘system to’’;
12 (E) in subparagraph (B)(i)—
13 (i) by inserting ‘‘and promoting pre-
14 vention of’ ’’’ after ‘‘responding to’’;
15 (ii) by inserting ‘‘during in person or
16 virtual visits and’’ after ‘‘and stalking’’;
17 and
18 (iii) by inserting after ‘‘follow-up
19 care’’ the following: ‘‘ and to maximize vic-
20 tim choice on the use and sharing of their
21 health information’’;
22 (F) in subparagraph (B)(ii)—
23 (i) by striking ‘‘on-site access to’’; and
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24 (ii) by striking ‘‘patients by increas-
25 ing’’ and all that follows through the semi-
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1 colon and inserting the following: ‘‘patients
2 by—
3 ‘‘(I) increasing the capacity of
4 existing health care professionals, in-
5 cluding professionals who specialize in
6 trauma and in behavioral and mental
7 health care (including substance abuse
8 disorder), community health workers,
9 and public health staff to address do-
10 mestic violence, dating violence, sexual
11 assault, stalking, and children exposed
12 to violence;
13 ‘‘(II) contracting with or hiring
14 advocates for victims of domestic vio-
15 lence or sexual assault to provide such
16 services; or
17 ‘‘(III) providing funding to State
18 domestic and sexual violence coalitions
19 to improve the capacity of such coali-
20 tions to coordinate and support health
21 advocates and other health system
22 partnerships;’’;
23 (G) in subparagraph (B)(iii)—
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24 (i) by striking ‘‘identification’’ after
25 ‘‘practice of’’ and inserting ‘‘prevention’’;
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1 (ii) by inserting ‘‘during in person or
2 virtual visits,’’ after ‘‘and stalking’’; and
3 (iii) by striking ‘‘and’’ at the end;
4 (H) in subparagraph (B)(iv)—
5 (i) by inserting ‘‘and promote preven-
6 tion during in person or virtual visits,’’
7 after ‘‘or stalking,’’; and
8 (ii) by striking the period at the end;
9 (I) in subparagraph (B), by adding at the
10 end the following:
11 ‘‘(v) the development, implementation,
12 dissemination, and evaluation of best prac-
13 tices, tools, and training materials, includ-
14 ing culturally relevant tools, for behavioral
15 health professionals to identify and re-
16 spond to domestic violence, sexual violence,
17 stalking, and dating violence; and
18 ‘‘(vi) the development and provision of
19 culturally relevant training and follow-up
20 technical assistance to health care profes-
21 sionals, and public health staff, and allied
22 health professionals to identify, assess,
23 treat, and refer clients who are victims of
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24 domestic violence, dating violence, sexual
25 assault, or stalking from culturally specific
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1 communities and promote prevention,
2 using tools and training materials, devel-
3 oped by and for culturally specific commu-
4 nities, with priority given to trainings pro-
5 vided by culturally specific organizations;
6 and’’; and
7 (J) by inserting after subparagraph (B)
8 the following:
9 ‘‘(C) design and implement comprehensive
10 strategies to prevent domestic or sexual violence
11 including through the use of universal education
12 in clinical and public health settings, hospitals,
13 clinics and other health settings.’’.
14 (3) in subsection (b)(2)(A)—
15 (A) in the heading, by striking ‘‘CHILD
16 AND ELDER ABUSE’’ and inserting the fol-
17 lowing: ‘‘CHILD ABUSE AND ABUSE IN LATER
18 LIFE’’; and
19 (B) by striking ‘‘child or elder abuse’’ and
20 inserting the following: ‘‘child abuse or abuse in
21 later life’’;
22 (4) in subsection (b)(2)(C)(i), by striking ‘‘elder
23 abuse’’ and inserting ‘‘abuse in later life’’;
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1 (5) in subsection (b)(2)(C)(ii), by inserting
2 ‘‘programs that promote the prevention of sexual as-
3 sault as well as’’ after ‘‘implementation of’’;
4 (6) in subsection (b)(2)(C)(iii)—
5 (A) by inserting ‘‘and exposure to violence
6 against generations’’ after ‘‘abuse’’; and
7 (B) by striking ‘‘or’’ at the end;
8 (7) in subsection (b)(2)(C)(iv)—
9 (A) by inserting ‘‘mental health,’’ after
10 ‘‘dental,’’; and
11 (B) by striking ‘‘exams.’’ and inserting
12 ‘‘exams and certifications;’’;
13 (8) in subsection (b)(2)(C), by inserting after
14 clause (iv) the following:
15 ‘‘(v) providing funding to culturally
16 specific organizations to improve the ca-
17 pacity of such organizations to engage and
18 partner with healthcare providers to sup-
19 port victims and meet increased referrals
20 from health systems;
21 ‘‘(vi) development of a State-level pilot
22 program to—
23 ‘‘(I) improve the response of sub-
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24 stance use disorder treatment pro-
25 grams, harm reduction programs for
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1 people who use substances, and sys-
2 tems to domestic violence, dating vio-
3 lence, sexual assault, and stalking;
4 ‘‘(II) improve the capacity of
5 substance use disorder treatment pro-
6 grams, harm reduction programs for
7 people who use substances, and sys-
8 tems to serve survivors of domestic vi-
9 olence, dating violence, sexual assault,
10 and stalking dealing with substance
11 use disorder; and
12 ‘‘(III) improve the capacity of do-
13 mestic violence, dating violence, sexual
14 assault, and stalking programs to
15 serve survivors who has substance use
16 history with substance abuse disorder;
17 or
18 ‘‘(vii) development and utilization of
19 existing technical assistance and training
20 resources to improve the capacity of sub-
21 stance use disorder treatment programs
22 and harm reduction programs for people
23 who use substances to address domestic vi-
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24 olence, dating violence, sexual assault, and
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1 stalking among patients the programs
2 serve.’’;
3 (9) in subsection (c)(3)(A) by striking the pe-
4 riod at the end and inserting the following: ‘‘and—
5 ‘‘(i) culturally specific and population
6 specific organizations, and specifically or-
7 ganizations whose leadership include Black
8 or Indigenous people, People of Color, or
9 LGBTQ+ individuals; and
10 ‘‘(ii) programs developing and imple-
11 menting community-driven solutions to ad-
12 dress domestic violence, dating violence,
13 sexual assault, or stalking, instead of
14 carceral and law enforcement interven-
15 tion’’;
16 (10) in subsection (c)(3)(B)(i)(III) by inserting
17 after ‘‘nonprofit entity’’ the following ‘‘, including a
18 culturally-specific organization or community-based
19 organization working to address the social deter-
20 minants of health,’’;
21 (11) in subsection (c)(3)(C)(ii)—
22 (A) by striking ‘‘strategies for’’ and insert-
23 ing ‘‘(I) strategies for’’;
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24 (B) by inserting ‘‘and generations’’ after
25 ‘‘lifespan’’;
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1 (C) by striking ‘‘settings;’’ and inserting
2 ‘‘settings; and’’
3 (D) by adding at the end the following:
4 ‘‘(II) strategies to address pri-
5 mary prevention of domestic violence,
6 dating violence, sexual assault, and
7 stalking over the lifespan and genera-
8 tions including strategies that address
9 related social determinants of health
10 and center economic justice, anti-rac-
11 ism, and that are inclusive of all gen-
12 ders and identities including
13 LGBTQ+ individuals;’’;
14 (12) in subsection (c)(3)(C)(iii)—
15 (A) by inserting ‘‘culturally specific organi-
16 zations’’ after ‘‘advocacy organizations’’; and
17 (B) by striking ‘‘State or tribal law en-
18 forcement task forces (where appropriate)’’;
19 (13) in subsection (c)(3)(C)(v) by inserting
20 ‘‘(including culturally specific organizations)’’ after
21 ‘‘service providers’’;
22 (14) in subsection (d)(2)(A)—
23 (A) by inserting ‘‘or behavioral health’’
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24 after ‘‘of health’’;
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1 (B) by inserting ‘‘behavioral’’ after ‘‘phys-
2 ical or’’;
3 (C) by striking ‘‘mental’’ before ‘‘health
4 care’’; and
5 (D) by inserting ‘‘, including substance use
6 disorder treatment’’ before ‘‘; or’’;
7 (15) in subsection (d)(2)(B)—
8 (A) by striking ‘‘or health system’’ and in-
9 serting ‘‘behavioral health treatment system’’;
10 (B) by striking ‘‘mental’’ and inserting
11 ‘‘behavioral’’; and
12 (C) by inserting ‘‘, or a community-based
13 organization with a history of partnership with
14 programs in the domestic violence, dating vio-
15 lence, sexual assault, or stalking and health
16 care, including physical, mental, or behavioral
17 health care’’ before the period at the end;
18 (16) in subsection (g)—
19 (A) by striking ‘‘$10,000,000’’ and insert-
20 ing ‘‘$15,000,000’’; and
21 (B) by striking ‘‘2014 through 2018’’ and
22 inserting ‘‘2022 through 2026’’; and
23 (17) in subsection (h), by striking ‘‘herein’’ and
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24 ‘‘provided for’’.
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1 TITLE VI—SAFE HOMES FOR
2 VICTIMS
3 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES-
4 TIC VIOLENCE, DATING VIOLENCE, SEXUAL
5 ASSAULT, AND STALKING.
6 (a) IN GENERAL.—Section 41411 of the Violence
7 Against Women Act of 1994 (34 U.S.C. 12491) is amend-
8 ed—
9 (1) in subsection (a)—
10 (A) in paragraph (1)(A), by striking
11 ‘‘brother, sister,’’ and inserting ‘‘sibling,’’;
12 (B) in paragraph (3)—
13 (i) in subparagraph (A), by inserting
14 before the semicolon at the end the fol-
15 lowing: ‘‘including the direct loan program
16 under such section’’;
17 (ii) in subparagraph (D), by striking
18 ‘‘the program under subtitle A of’’ and in-
19 serting ‘‘the programs under’’;
20 (iii) in subparagraph (I)—
21 (I) by striking ‘‘sections 514,
22 515, 516, 533, and 538 of the Hous-
23 ing Act of 1949 (42 U.S.C. 1484,
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24 1485, 1486, 1490m, and 1490p–2)’’
25 and inserting ‘‘sections 514, 515, 516,
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1 533, 538, and 542 of the Housing Act
2 of 1949 (42 U.S.C. 1484, 1485, 1486,
3 1490m, 1490p–2, 1490r)’’; and
4 (II) by striking ‘‘and’’ at the end;
5 (iv) in subparagraph (J), by striking
6 the period at the end and inserting a semi-
7 colon; and
8 (v) by adding at the end the following:
9 ‘‘(K) the provision of assistance from the
10 Housing Trust Fund established under section
11 1338 of the Federal Housing Enterprises Fi-
12 nancial Safety and Soundness Act of 1992 (12
13 U.S.C. 4501);
14 ‘‘(L) the provision of assistance for hous-
15 ing under the Comprehensive Service Programs
16 for Homeless Veterans program under sub-
17 chapter II of chapter 20 of title 38, United
18 States Code;
19 ‘‘(M) the provision of assistance for hous-
20 ing and facilities under the grant program for
21 homeless veterans with special needs under sec-
22 tion 2061 of title 38, United States Code;
23 ‘‘(N) the provision of assistance for perma-
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24 nent housing under the program for financial
25 assistance for supportive services for very low-
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1 income veteran families in permanent housing
2 under section 2044 of title 38, United States
3 Code;
4 ‘‘(O) housing assisted under the rent sup-
5 plement program under section 101 of the
6 Housing and Urban Development Act of 1965
7 (12 U.S.C. 1701s); and
8 ‘‘(P) any other Federal housing programs
9 providing affordable housing to low- and mod-
10 erate-income persons by means of restricted
11 rents or rental assistance as identified by the
12 appropriate agency.’’; and
13 (C) by adding at the end the following:
14 ‘‘(4) COLLABORATIVE APPLICANT.—The term
15 ‘collaborative applicant’ has the meaning given the
16 term in section 401 of the McKinney-Vento Home-
17 less Assistance Act (42 U.S.C. 11360).
18 ‘‘(5) CONTINUUM OF CARE.—The term ‘Con-
19 tinuum of Care’ means the Federal program author-
20 ized under subtitle C of title IV of the McKinney-
21 Vento Homeless Assistance Act (42 U.S.C. 11381 et
22 seq.).
23 ‘‘(6) COVERED HOUSING PROVIDER.—The term
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24 ‘covered housing provider’—
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1 ‘‘(A) means the individual or entity under
2 a covered housing program that has responsi-
3 bility for the administration or oversight of
4 housing assisted under a covered housing pro-
5 gram; and
6 ‘‘(B) includes public housing agencies,
7 sponsors, owners, mortgagors, managers, grant-
8 ees under the Continuum of Care, State and
9 local governments or agencies thereof, and non-
10 profit or for-profit organizations or entities.
11 ‘‘(7) DRUG-RELATED CRIMINAL ACTIVITY.—The
12 term ‘drug-related criminal activity’ has the meaning
13 given the term in section 3(b)(9) of the United
14 States Housing Act of 1937 (42 U.S.C.
15 1437a(b)(9)).
16 ‘‘(8) EMERGENCY SOLUTIONS GRANT.—The
17 term ‘emergency solutions grant’ means a grant pro-
18 vided under subtitle B of title IV of the McKinney-
19 Vento Homeless Assistance Act (42 U.S.C. 11371 et
20 seq.).
21 ‘‘(9) EMERGENCY TRANSFER.—The term ‘emer-
22 gency transfer’—
23 ‘‘(A) except as provided under subpara-
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24 graph (B), means a transfer under subsection
25 (e) from a unit of a covered housing provider
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1 to any other unit of the same principal, affil-
2 iate, or management agent of the covered hous-
3 ing provider; and
4 ‘‘(B) with respect to a project funded
5 under the Continuum of Care, means a transfer
6 under subsection (e) to any unit of the same
7 covered housing provider under the same cov-
8 ered housing program.
9 ‘‘(10) EXTERNAL REFERRAL.—The term ‘exter-
10 nal referral’—
11 ‘‘(A) except as provided under subpara-
12 graph (B), means a referral provided to a vic-
13 tim of domestic violence, dating violence, sexual
14 assault, or stalking by a covered housing pro-
15 vider to the applicable regional office of the De-
16 partment of Housing and Urban Development
17 to facilitate a move from a unit of a covered
18 housing provider under the same or a different
19 covered housing program; and
20 ‘‘(B) with respect to a project funded
21 under the Continuum of Care, including any
22 local system funding by the Continuum of Care
23 or a recipient or subrecipient of an Emergency
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24 Solutions Grant, means the facilitation of a
25 move from a unit of a covered housing provider
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1 to a unit of a different covered housing provider
2 under the same covered housing program.
3 ‘‘(11) HUD REGIONAL OFFICE.—The term
4 ‘HUD regional office’ means a regional office of the
5 Department of Housing and Urban Development.
6 ‘‘(12) NATIONAL VAWA VICTIMS RELOCATION
7 POOL VOUCHER.—The term ‘National VAWA Vic-
8 tims Relocation Pool voucher’ means a housing
9 voucher provided under section 8(o) of the United
10 States Housing Act of 1937 (42 U.S.C. 1437f(o)).
11 ‘‘(13) PROGRAM PARTICIPANT.—The term ‘pro-
12 gram participant’ means an individual (including an
13 unaccompanied youth) or family who is assisted by
14 programs under the McKinney-Vento Homeless As-
15 sistance Act (42 U.S.C. 11360 et seq).’’;
16 (2) in subsection (b)(3)—
17 (A) in the paragraph heading, by inserting
18 after ‘‘CRIMINAL ACTIVITY’’ the following: ‘‘AND
19 FAMILY BREAK-UP’’;
20 (B) by amending subparagraph (A) to read
21 as follows:
22 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY,
23 AND OCCUPANCY RIGHTS PROHIBITED.—
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24 ‘‘(i) IN GENERAL.—A tenant, program
25 participant, or resident of a unit who is an
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1 unreported member of the household be-
2 cause of domestic violence, dating violence,
3 sexual assault, dating violence, or stalking
4 shall not be denied assistance, tenancy, or
5 occupancy rights to housing assisted under
6 a covered housing program solely on the
7 basis of criminal activity directly relating
8 to domestic violence, dating violence, sex-
9 ual assault, or stalking that is engaged in
10 by a member of the household of the ten-
11 ant, program participant, resident, or any
12 guest or other person under the control of
13 the tenant, program participant, or resi-
14 dent, if the tenant, program participant,
15 resident or an affiliated individual of the
16 tenant, program participant, or resident is
17 the victim or threatened victim of such do-
18 mestic violence, dating violence, sexual as-
19 sault, or stalking.
20 ‘‘(ii) CRIMINAL ACTIVITY ENGAGED IN
21 BY PERPETRATOR OF ABUSE.—
22 ‘‘(I) IN GENERAL.—A tenant,
23 program participant, or resident of a
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24 unit who is an unreported member of
25 the household because of domestic vio-
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1 lence, dating violence, sexual assault,
2 dating violence, or stalking shall not
3 be denied assistance, tenancy, or occu-
4 pancy rights to housing assisted under
5 a covered housing program solely on
6 the basis of criminal activity, includ-
7 ing drug-related criminal activity, en-
8 gaged in by the perpetrator of the do-
9 mestic violence, dating violence, sexual
10 assault, or stalking.
11 ‘‘(II) RULE OF CONSTRUC-
12 TION.—Nothing in subclause (I) shall
13 be construed to limit the authority to
14 terminate assistance to a tenant or
15 program participant or evict or termi-
16 nate a tenant or program participant
17 from housing assisted under a covered
18 housing program if a public housing
19 agency or an owner, recipient or sub-
20 recipient, or a manager of the housing
21 demonstrates an actual and imminent
22 threat to other tenants, program par-
23 ticipants, or individuals employed at
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24 or providing service to the housing if
25 the assistance is not terminated or the
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1 tenant or program participant is not
2 evicted.
3 ‘‘(iii) REVIEW PRIOR TO TERMINATION
4 FOR CURRENT PROGRAM PARTICIPANTS.—
5 Before terminating assistance, tenancy, or
6 occupancy rights to housing assisted under
7 a covered housing program to a tenant or
8 program participant who is a victim of do-
9 mestic violence, dating violence, sexual as-
10 sault, or stalking on the basis of criminal
11 activity of the tenant or program partici-
12 pant, including drug-related criminal activ-
13 ity—
14 ‘‘(I) the covered housing provider
15 shall consider—
16 ‘‘(aa) the seriousness of the
17 case;
18 ‘‘(bb) the extent of partici-
19 pation or culpability of the ten-
20 ant or program participant, in-
21 cluding whether the tenant or
22 program participant was coerced
23 by the perpetrator of the domes-
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24 tic violence, dating violence, sex-
25 ual assault, or stalking;
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1 ‘‘(cc) whether the criminal
2 activity was related to a symptom
3 of a disability, including a sub-
4 stance use disorder;
5 ‘‘(dd) in cases involving
6 drug-related criminal activity or
7 criminal activity involving alcohol
8 abuse, whether the tenant or pro-
9 gram participant is participating
10 in, or has successfully completed,
11 a supervised drug or alcohol re-
12 habilitation program, or has oth-
13 erwise been rehabilitated success-
14 fully; and
15 ‘‘(ee) any other relevant
16 mitigating circumstances; and
17 ‘‘(II) the covered housing pro-
18 gram shall provide the tenant or pro-
19 gram participant with—
20 ‘‘(aa) a written summary of
21 the review conducted by the cov-
22 ered housing program; and
23 ‘‘(bb) an opportunity to in-
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24 voke the applicable grievance pol-
25 icy of the covered housing pro-
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1 gram to dispute the findings of
2 the review.’’;
3 (C) in subparagraph (B)—
4 (i) in the heading, by striking ‘‘BI-
5 FURCATION’’ and inserting ‘‘FAMILY
6 BREAK-UP’’;
7 (ii) by redesignating clauses (i) and
8 (ii) as clauses (ii) and (iii), respectively;
9 (iii) by inserting before clause (ii), as
10 so redesignated, the following:
11 ‘‘(i) IN GENERAL.—If a family break-
12 up results from an occurrence of domestic
13 violence, dating violence, sexual assault, or
14 stalking, and the perpetrator no longer re-
15 sides in the unit and was the sole tenant
16 or program participant eligible to receive
17 assistance under a covered housing pro-
18 gram, the covered housing provider shall—
19 ‘‘(I) provide any other tenant,
20 program participant, or resident of
21 the unit who is an unreported member
22 of the household because of domestic
23 violence, dating violence, sexual as-
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24 sault, dating violence, or stalking the
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1 opportunity to establish eligibility for
2 the covered housing program; or
3 ‘‘(II) provide a tenant, program
4 participant, or resident described in
5 subclause (I) with not less than 180
6 days—
7 ‘‘(aa) to remain in the unit
8 under the same terms and condi-
9 tions as the perpetrator; and
10 ‘‘(bb) find new housing or
11 establish eligibility for another
12 covered housing program.’’;
13 (iv) in clause (ii), as so redesig-
14 nated—
15 (I) in the heading, by striking
16 ‘‘IN GENERAL’’ and inserting ‘‘EVIC-
17 TION’’; and
18 (II) by inserting after ‘‘a public
19 housing agency’’ the following: ‘‘, par-
20 ticipating jurisdictions, grantees under
21 the Continuum of Care, grantees,’’;
22 and
23 (v) by striking clause (iii), as so re-
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24 designated;
25 (D) in subparagraph (C)—
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1 (i) in clause (iii), by striking ‘‘or’’ at
2 the end;
3 (ii) in clause (iv), by striking the pe-
4 riod at the end and inserting ‘‘; or’’; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(v) to be limited by any provision in
8 the United States Housing Act of 1937
9 (42 U.S.C. 1437 et seq.) that provides less
10 protection than subparagraph (A) for vic-
11 tims of domestic violence, dating violence,
12 sexual assault, or stalking.’’; and
13 (E) by inserting after subparagraph (C)
14 the following:
15 ‘‘(D) EARLY TERMINATION.—
16 ‘‘(i) IN GENERAL.—A covered housing
17 provider shall permit a tenant or program
18 participant assisted under the covered
19 housing program to terminate the lease at
20 any time prior to the end date of the lease,
21 without penalty, if the tenant or program
22 participant has been a victim of domestic
23 violence, dating violence, sexual assault, or
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24 stalking and the tenant or program partici-
25 pant—
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1 ‘‘(I) sends notice of the early
2 lease termination to the landlord in
3 writing prior to or within 3 days of
4 vacating the premises unless a shorter
5 notice period is provided for under
6 State law;
7 ‘‘(II)(aa) reasonably believes that
8 the tenant or program participant is
9 threatened with imminent harm if the
10 tenant or program participant re-
11 mains within the same dwelling unit
12 subject to the lease; or
13 ‘‘(bb) is a victim of sexual as-
14 sault, the sexual assault occurred on
15 the premises during the 90-day period
16 preceding the request for lease termi-
17 nation; and
18 ‘‘(III) provides a form of docu-
19 mentation consistent with the require-
20 ments outlined in subsection (c)(3).
21 ‘‘(ii) RULE OF CONSTRUCTION.—
22 Nothing in this subparagraph shall be con-
23 strued to preclude any automatic termi-
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24 nation of a lease by operation of law.
25 Nothing in this subparagraph shall be con-
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1 strued to supersede any provision of any
2 Federal, State, or local law regarding the
3 early termination of leases that provides
4 greater protection than this subsection for
5 victims of domestic violence, dating vio-
6 lence, sexual assault, or stalking.’’;
7 (3) in subsection (c)(4), in the matter preceding
8 subparagraph (A)—
9 (A) by striking ‘‘Any information sub-
10 mitted to a public housing agency or owner or
11 manager’’ and inserting ‘‘Covered housing pro-
12 viders shall ensure any information submitted’’;
13 and
14 (B) by inserting after ‘‘owner or manager’’
15 the following: ‘‘of housing assisted under a cov-
16 ered housing program’’;
17 (4) in subsection (d)—
18 (A) in paragraph (2)—
19 (i) in the matter preceding subpara-
20 graph (A), by striking ‘‘an applicant for or
21 tenants of’’ and inserting ‘‘all individuals
22 and families seeking housing or services
23 from programs under title IV of the
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24 McKinney-Vento Homeless Assistance Act
25 (42 U.S.C. 11360 et seq.), all program
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1 participants of, all adult members of appli-
2 cant households for, and all adult tenants
3 of’’; and
4 (ii) in subparagraph (D), by striking
5 ‘‘guidance issued by the Secretary of
6 Housing and Urban Development’’ and in-
7 serting ‘‘title VI of the Civil Rights Act of
8 1964 (42 U.S.C. 2000d et seq.) and any
9 guidance issued by the appropriate agen-
10 cies related to language access for persons
11 with limited English proficiency’’;’’; and
12 (B) by adding at the end the following:
13 ‘‘(3) TRANSLATION AND AVAILABILITY OF
14 STANDARDIZED DOCUMENTS.—Each appropriate
15 agency shall ensure that standardized documents re-
16 lating to the implementation of this title are—
17 ‘‘(A) translated into and made available in
18 multiple languages and are available in formats
19 accessible to persons with disabilities; and
20 ‘‘(B) made accessible to covered housing
21 providers within a reasonable time after adop-
22 tion of the documents by the appropriate agen-
23 cy.’’;
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24 (5) by amending subsection (e) to read as fol-
25 lows:
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1 ‘‘(e) EMERGENCY TRANSFERS AND NATIONAL
2 VAWA VICTIMS RELOCATION POOL POLICIES.—
3 ‘‘(1) IN GENERAL.—A tenant, program partici-
4 pant, or resident of a unit who is an unreported
5 member of the household because of domestic vio-
6 lence, dating violence, sexual assault, dating vio-
7 lence, or stalking who is a victim of domestic vio-
8 lence, dating violence, sexual assault, or stalking
9 may apply for an emergency transfer or a National
10 VAWA Victims Relocation Pool voucher, or both.
11 ‘‘(2) RESPONSIBLE ENTITY.—
12 ‘‘(A) EMERGENCY TRANSFERS.—A covered
13 housing provider shall grant an emergency
14 transfer to a tenant or program participant de-
15 scribed in paragraph (1) if—
16 ‘‘(i) the covered housing provider and
17 the tenant or program participant deter-
18 mine that a safe dwelling unit is available;
19 and
20 ‘‘(ii) the tenant or program partici-
21 pant meets the eligibility criteria described
22 in paragraph (3).
23 ‘‘(B) VOUCHERS.—The Secretary of Hous-
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24 ing and Urban Development and a covered
25 housing provider authorized to determine eligi-
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1 bility for National VAWA Victims Relocation
2 Pool vouchers under policies and procedures es-
3 tablished under subsection (f)(1) shall approve
4 a National VAWA Victims Relocation Pool
5 voucher for a tenant, program participant, or
6 resident of a unit who is an unreported member
7 of the household because of domestic violence,
8 dating violence, sexual assault, dating violence,
9 or stalking described in paragraph (1) if the
10 tenant, program participant, or resident meets
11 the eligibility criteria described in paragraph
12 (3).
13 ‘‘(3) CRITERIA.—
14 ‘‘(A) IN GENERAL.—The applicable respon-
15 sible entity under paragraph (2) shall approve
16 an application submitted by a tenant, program
17 participant, or resident described in paragraph
18 (1) for an emergency transfer, a National
19 VAWA Victims Relocation Pool voucher, or
20 both, if—
21 ‘‘(i) the tenant, program participant,
22 or resident expressly requests the emer-
23 gency transfer or National VAWA Victims
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24 Relocation Pool voucher, or both, from the
25 applicable responsible entity; and
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1 ‘‘(ii)(I) the tenant, program partici-
2 pant, or resident reasonably believes that
3 the tenant or program participant is
4 threatened with imminent harm from fur-
5 ther violence if the tenant or program par-
6 ticipant remains within the same dwelling
7 unit assisted under a covered housing pro-
8 gram; or
9 ‘‘(II) in the case of a tenant, program
10 participant, or resident who is a victim of
11 sexual assault, the sexual assault occurred
12 on the premises during the 90-day period
13 preceding the request for the emergency
14 transfer or National VAWA Victims Relo-
15 cation Pool voucher.
16 ‘‘(B) GOOD STANDING.—Regardless of
17 whether a tenant, program participant, or resi-
18 dent is in good standing, the tenant, program
19 participant, or resident retains the right to an
20 emergency transfer or a National VAWA Vic-
21 tims Relocation Pool voucher if the tenant, pro-
22 gram participant, or resident otherwise meets
23 the eligibility requirements in this subsection.
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24 The tenant, program participant, or resident
25 shall also meet the eligibility requirements of
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1 the program to which the tenant, program par-
2 ticipant, or resident intends to transfer unless
3 the eligibility requirement is waived by the cov-
4 ered housing program.
5 ‘‘(4) POLICIES.—Each appropriate agency shall,
6 in the timeframe outlined in subsection (f)(2), adopt
7 emergency transfer, external referral, and National
8 VAWA Victim Relocation Pool voucher policies for
9 use by covered housing programs, which shall—
10 ‘‘(A) reflect the variations in program op-
11 eration and administration by covered housing
12 program type and are in accordance with the
13 Secretary of Housing and Urban Development’s
14 National VAWA Victims Relocation Pool vouch-
15 ers policies and procedures issued within the
16 timeframe outlined in subsection (f)(1);
17 ‘‘(B) at a minimum, describe a process
18 that—
19 ‘‘(i) permits tenants, program partici-
20 pants, or residents who are victims of do-
21 mestic violence, dating violence, sexual as-
22 sault, or stalking to move to another avail-
23 able and safe dwelling quickly through an
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24 emergency transfer, a National VAWA Vic-
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1 tims Relocation Pool voucher, or an exter-
2 nal referral; and
3 ‘‘(ii) provides that the tenant, pro-
4 gram participant, or resident can request
5 an emergency transfer or a National
6 VAWA Victims Relocation Pool voucher, or
7 both, whichever is safe and available for
8 the tenant, program participant, or resi-
9 dent; and
10 ‘‘(C) with respect to a request for an emer-
11 gency transfer, provide that—
12 ‘‘(i) not later than 5 days after the
13 date on which a covered housing provider
14 receives an emergency transfer request
15 from a tenant or program participant, the
16 covered housing provider shall determine
17 whether the tenant or program participant
18 can be transferred to a safe and available
19 unit;
20 ‘‘(ii) if a safe unit is available, an
21 emergency transfer shall occur not later
22 than 10 days after the date on which the
23 covered housing provider approves the re-
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24 quest;
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1 ‘‘(iii) if a safe unit is not available,
2 the covered housing provider shall provide
3 to the tenant or program participant—
4 ‘‘(I) a written status report re-
5 garding the status of the emergency
6 transfer request of the tenant or pro-
7 gram participant; and
8 ‘‘(II) information about National
9 VAWA Victims Relocation Pool
10 vouchers; and
11 ‘‘(iv) if the emergency transfer re-
12 quest has been denied due to reasons unre-
13 lated to the availability of a safe and suit-
14 able unit, the tenant or program partici-
15 pant may appeal the decision through the
16 applicable grievance or hearing process of
17 the covered housing provider;
18 ‘‘(D) with respect to a request for a Na-
19 tional VAWA Victims Relocation Pool vouch-
20 er—
21 ‘‘(i) the request may be made to the
22 Secretary of Housing and Urban Develop-
23 ment by a tenant; program participant;
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24 resident of the unit who is an unreported
25 member of the household because of do-
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1 mestic violence, dating violence, sexual as-
2 sault, dating violence, or stalking; a col-
3 laborative applicant of the local Continuum
4 of Care or designee of the collaborative ap-
5 plicant; Emergency Solutions Grant recipi-
6 ent or subrecipient; a public housing agen-
7 cy; or the covered housing provider; and
8 ‘‘(ii) not later than 10 days after the
9 date on which the Secretary of Housing
10 and Urban Development receives a request
11 for a National VAWA Victims Relocation
12 Pool voucher and the selected relocation
13 jurisdiction of the tenant or program par-
14 ticipant, the Secretary shall process the re-
15 quest and refer administration of the Na-
16 tional VAWA Victims Relocation Pool
17 voucher to the appropriate public housing
18 agency of the selected jurisdiction of the
19 tenant; program participant; or resident of
20 the unit who is an unreported member of
21 the household because of domestic violence,
22 dating violence, sexual assault, dating vio-
23 lence, or stalking;
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24 ‘‘(E) allow a victim of domestic violence
25 dating violence, sexual assault, or stalking to
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1 temporarily relocate, while maintaining eligi-
2 bility for the covered housing program without
3 the loss of their housing status, if there are no
4 alternative comparable housing program units
5 available, until an emergency transfer, a Na-
6 tional VAWA Victims Relocation Pool voucher,
7 or an external referral resulting in comparable
8 safe housing is obtained;
9 ‘‘(F) mandate that emergency transfers
10 take priority over non-emergency transfers;
11 ‘‘(G) mandate that emergency transfers
12 are not considered new applicants and take pri-
13 ority over existing external waiting lists for a
14 covered housing program;
15 ‘‘(H) incorporate confidentiality measures
16 to ensure that the appropriate agency and the
17 covered housing provider do not disclose any in-
18 formation regarding a tenant, program partici-
19 pant, or resident who is victim of domestic vio-
20 lence, dating violence, sexual assault, or stalk-
21 ing, including the location of a new dwelling
22 unit to any person or entity without the time-
23 limited written authorization of the tenant or
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24 program participant, and communication by a
25 covered housing provider with a victim must be
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1 in a form and manner that the victim deter-
2 mines to be safe; and
3 ‘‘(I) mandate that when a tenant or pro-
4 gram participant submits an emergency trans-
5 fer request to a covered housing provider, the
6 covered housing provider shall provide contact
7 information for—
8 ‘‘(i) local organizations offering assist-
9 ance to tenants and other housing pro-
10 viders who may have safe and available
11 housing; or
12 ‘‘(ii) contact information for the re-
13 gional HUD office or applicable public
14 housing agency.
15 ‘‘(5) DUTIES OF COLLABORATIVE APPLICANTS
16 OF A LOCAL CONTINUUM OF CARE.—In addition to
17 adopting the policies described in paragraph (4) in
18 an emergency transfer policy, the collaborative appli-
19 cant of each local Continuum of Care, or a designee
20 of the collaborative applicant, shall—
21 ‘‘(A) coordinate and facilitate emergency
22 transfers and external referrals across projects
23 funded under the Continuum of Care;
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24 ‘‘(B) prioritize an external referral across
25 projects funded under the Continuum of Care
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1 for the next available safe housing option for
2 which a tenant or program participant may be
3 eligible;
4 ‘‘(C) coordinate external referrals with the
5 collaborative applicant of the local Continuum
6 of Care, or designee of the collaborative appli-
7 cant, in other jurisdictions in cases where a ten-
8 ant or program participant requests an out-of-
9 jurisdiction transfer;
10 ‘‘(D) ensure that a tenant or program par-
11 ticipant is not required to be reassessed and re-
12 tains chronically homeless status, if applicable,
13 through the local Continuum of Care intake
14 process when seeking an emergency transfer or
15 external referral placement; and
16 ‘‘(E) ensure costs associated with tem-
17 porary relocations described in paragraph (4)
18 are considered eligible costs of supportive serv-
19 ices under the Continuum of Care program.
20 ‘‘(6) REGIONAL OFFICES.—Each HUD regional
21 office shall—
22 ‘‘(A) in collaboration with public housing
23 agencies and the entities described in paragraph
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24 (2), develop and implement a regional emer-
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1 gency transfer and external referral plan, which
2 shall—
3 ‘‘(i) set forth how covered housing
4 providers shall coordinate external referrals
5 with the HUD regional office;
6 ‘‘(ii) be submitted to the Violence
7 Against Women Director described in sec-
8 tion 41413 and made publicly available;
9 and
10 ‘‘(iii) include any additional policies,
11 priorities, and strategies set by the entities
12 described in paragraph (5); and
13 ‘‘(B) in consultation with the Violence
14 Against Women Director described in section
15 41413, facilitate external referral requests for
16 tenants or program participants who are vic-
17 tims of domestic violence, dating violence, sex-
18 ual assault, or stalking if the tenant or program
19 participant cannot obtain an emergency trans-
20 fer or a National VAWA Victims Relocation
21 Pool voucher.
22 ‘‘(7) COVERED HOUSING PROVIDERS.—Each
23 covered housing provider shall develop and imple-
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24 ment an emergency transfer and external referral
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1 plan consistent with the requirements in paragraph
2 (4) or (5).’’;
3 (6) by amending subsection (f) to read as fol-
4 lows:
5 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY
6 TRANSFER AND NATIONAL VAWA VICTIMS RELOCATION
7 POOL VOUCHERS.—
8 ‘‘(1) IN GENERAL.—Not later than 60 days
9 after the date of enactment of the Violence Against
10 Women Reauthorization Act of 2021, the Secretary
11 of Housing and Urban Development shall establish
12 policies and procedures under which a tenant, pro-
13 gram participant, or resident of a unit who is an un-
14 reported member of the household because of domes-
15 tic violence, dating violence, sexual assault, dating
16 violence, or stalking may receive, under subsection
17 (e), subject to the availability of funds, a National
18 VAWA Victims Relocation Pool voucher.
19 ‘‘(2) APPROPRIATE AGENCIES.—Not later than
20 180 days after the date of enactment of the Violence
21 Against Women Reauthorization Act of 2021, the
22 head of each appropriate agency shall establish the
23 policies required under subsection (e) with respect to
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24 emergency transfers and external referrals. Each ap-
25 propriate agency shall also establish agency-specific
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1 policies and procedures in accordance with the Sec-
2 retary of Housing and Urban Development’s Na-
3 tional VAWA Victims Relocation Pool vouchers poli-
4 cies and procedures.’’;
5 (7) by redesignating subsection (g) as sub-
6 section (h);
7 (8) by inserting after subsection (f) the fol-
8 lowing:
9 ‘‘(g) TRAINING AND REFERRALS.—
10 ‘‘(1) TRAINING FOR STAFF OF COVERED HOUS-
11 ING PROGRAMS.—
12 ‘‘(A) IN GENERAL.—The Secretary of
13 Housing and Urban Development, in partner-
14 ship with domestic and sexual violence experts,
15 shall develop mandatory in-person or electronic
16 training for staff of covered housing providers
17 to provide a basic understanding of domestic vi-
18 olence, dating violence, sexual assault, and
19 stalking, and to facilitate implementation of
20 this section.
21 ‘‘(B) APPROPRIATE STAFF.—Each covered
22 housing provider shall identify—
23 ‘‘(i) appropriate staff to attend the
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24 basic understanding training described in
25 subparagraph (A) periodically; and
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1 ‘‘(ii) appropriate staff engaged in ten-
2 ant, program participant, or resident serv-
3 ices to attend both the basic understanding
4 training and the implementation training
5 described in subparagraph (A) as nec-
6 essary.
7 ‘‘(2) REFERRALS.—The appropriate agency
8 with respect to each covered housing program and
9 the local Continuum of Care shall supply all appro-
10 priate staff of the covered housing providers with a
11 referral listing of public contact information for all
12 domestic violence, dating violence, sexual assault,
13 and stalking service providers offering services in its
14 coverage area.
15 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
16 There are authorized to be appropriated to carry out
17 this subsection such sums as may be necessary for
18 each of fiscal years 2022 through 2026.’’; and
19 (9) by inserting after subsection (h), as so re-
20 designated, the following:
21 ‘‘(i) RULES OF CONSTRUCTION.—Nothing in this sec-
22 tion shall be construed—
23 ‘‘(1) to limit any right, remedy, or procedure
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24 otherwise available to enforce the Violence Against
25 Women Act of 2005 (Public Law 109–162; 119
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1 Stat. 2960) and subsequent amendments prior to
2 the date of enactment of the Violence Against
3 Women Reauthorization Act of 2021; or
4 ‘‘(2) to supersede any provision of any Federal,
5 State, or local law that provides greater protection
6 than this section for victims of domestic violence,
7 dating violence, sexual assault, or stalking.’’.
8 (b) NATIONAL VAWA VICTIMS RELOCATION POOL
9 VOUCHERS.—Section 8(o) of the United States Housing
10 Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding
11 at the end the following:
12 ‘‘(21) NATIONAL VAWA VICTIMS RELOCATION
13 POOL VOUCHERS.—
14 ‘‘(A) IN GENERAL.—The Secretary shall
15 set aside, from amounts made available for
16 rental assistance under this subsection,
17 amounts for use only for providing such assist-
18 ance for the creation of a National VAWA Vic-
19 tims Relocation Pool, which shall provide rental
20 assistance on behalf of tenants, program par-
21 ticipants, or residents who are victims of do-
22 mestic violence, dating violence, sexual assault,
23 and stalking eligible for assistance under sec-
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24 tion 41411(e) of the Violence Against Women
25 Act of 1994 (34 U.S.C. 12491(e)).
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1 ‘‘(B) TERMINATION OF VOUCHERS UPON
2 TURNOVER.—A public housing agency shall not
3 reissue assistance that is made available from
4 appropriated funds under this subsection for a
5 tenant, program participant, or resident when
6 the assistance for the tenant, program partici-
7 pant, or resident is lawfully terminated, unless
8 specifically authorized by the Secretary.
9 ‘‘(C) AUTHORIZATION OF APPROPRIA-
10 TIONS.—Beginning in fiscal year 2022 and each
11 fiscal year thereafter, there are authorized to be
12 appropriated $20,000,000 to provide vouchers
13 for rental assistance under this paragraph.’’.
14 SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION;
15 PROHIBITING RETALIATION AGAINST VIC-
16 TIMS.
17 Chapter 2 of subtitle N of title IV of the Violence
18 Against Women Act of 1994 (34 U.S.C. 12491 et seq.)
19 is amended by inserting after section 41411 the following:
20 ‘‘SEC. 41412. COMPLIANCE REVIEWS.
21 ‘‘(a) REGULAR COMPLIANCE REVIEWS.—
22 ‘‘(1) IN GENERAL.—Each appropriate agency
23 shall establish a process by which to review compli-
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24 ance with the requirements of this subtitle, which
25 shall—
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1 ‘‘(A) in consultation with the Violence
2 Against Women Director described in section
3 41413 and any other relevant officials of the
4 appropriate agency, be incorporated into other
5 existing compliance review processes of the ap-
6 propriate agency; and
7 ‘‘(B) examine—
8 ‘‘(i) covered housing provider compli-
9 ance with requirements prohibiting the de-
10 nial of assistance, tenancy, or occupancy
11 rights on the basis of domestic violence,
12 dating violence, sexual assault, or stalking;
13 ‘‘(ii) covered housing provider compli-
14 ance with confidentiality provisions set
15 forth in section 41411(c)(4);
16 ‘‘(iii) covered housing provider compli-
17 ance with the notification requirements set
18 forth in section 41411(d)(2);
19 ‘‘(iv) covered housing provider compli-
20 ance with accepting documentation set
21 forth in section 41411(c);
22 ‘‘(v) covered housing provider compli-
23 ance with emergency transfer, external re-
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24 ferral, and National VAWA Victims Relo-
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1 cation Pool Voucher requirements set forth
2 in section 41411(e); and
3 ‘‘(vi) covered housing provider compli-
4 ance with the prohibition on retaliation set
5 forth in section 41414.
6 ‘‘(2) FREQUENCY.—Each appropriate agency
7 shall conduct the review described in paragraph (1)
8 on a regular basis, as determined by the appropriate
9 agency.
10 ‘‘(b) REGULATIONS.—Not later than 1 year after the
11 date of enactment of the Violence Against Women Reau-
12 thorization Act of 2021, each appropriate agency shall
13 issue regulations to implement subsection (a), which
14 shall—
15 ‘‘(1) define standards of compliance for covered
16 housing providers;
17 ‘‘(2) include detailed reporting requirements, in-
18 cluding the number of emergency transfers, external
19 referrals, and National VAWA Victims Relocation
20 Pool vouchers requested and granted, as well as the
21 length of time needed to process emergency trans-
22 fers, National VAWA Victims Relocation Pool
23 vouchers, and external referrals; and
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1 ‘‘(3) include standards for corrective action
2 plans where a covered housing provider has failed to
3 meet compliance standards.
4 ‘‘(c) PUBLIC DISCLOSURE.—Each appropriate agen-
5 cy shall ensure that an agency-level assessment of the in-
6 formation collected during the compliance review process
7 completed pursuant to this subsection—
8 ‘‘(1) includes an evaluation of each topic identi-
9 fied in subsection (a); and
10 ‘‘(2) is made publicly available.
11 ‘‘SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DE-
12 VELOPMENT VIOLENCE AGAINST WOMEN DI-
13 RECTOR.
14 ‘‘(a) ESTABLISHMENT.—There shall be, within the
15 Office of the Secretary of the Department of Housing and
16 Urban Development, a Violence Against Women Director
17 (in this section referred to as the ‘Director’).
18 ‘‘(b) DUTIES.—The Director shall—
19 ‘‘(1) support implementation of the provisions
20 of this subtitle;
21 ‘‘(2) coordinate development of Federal regula-
22 tions, policy, protocols, and guidelines on matters re-
23 lating to the implementation of this subtitle, at each
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24 agency administering a covered housing program;
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1 ‘‘(3) advise and coordinate with designated offi-
2 cials within the United States Interagency Council
3 on Homelessness, the Department of Housing and
4 Urban Development, the Department of the Treas-
5 ury, the Department of Agriculture, the Department
6 of Health and Human Services, the Department of
7 Veterans Affairs, and the Department of Justice
8 concerning legislation, implementation, and other
9 issues relating to or affecting the housing provisions
10 under this subtitle;
11 ‘‘(4) provide technical assistance, coordination,
12 and support to each appropriate agency regarding
13 advancing housing protections and access to housing
14 for victims of domestic violence, dating violence, sex-
15 ual assault, and stalking, including compliance with
16 this subtitle;
17 ‘‘(5) ensure that adequate technical assistance
18 is made available to covered housing providers re-
19 garding implementation of this subtitle, as well as
20 other issues related to advancing housing protections
21 for victims of domestic violence, dating violence, sex-
22 ual assault, and stalking, including compliance with
23 this subtitle;
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24 ‘‘(6) act as a liaison with the judicial branches
25 of Federal, State, and local governments on matters
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1 relating to the housing needs of victims of domestic
2 violence, dating violence, sexual assault, and stalk-
3 ing;
4 ‘‘(7) implement a quality control system and a
5 corrective action plan system for those covered hous-
6 ing providers that fail to comply with this subtitle,
7 wherein—
8 ‘‘(A) covered housing providers completing
9 corrective action plans shall be required to con-
10 sult with national, State, or local programs fo-
11 cused on victims of domestic violence, dating vi-
12 olence, sexual assault, or stalking; and
13 ‘‘(B) the corrective action plans shall in-
14 clude provisions requiring covered housing pro-
15 viders to review and develop appropriate no-
16 tices, procedures, and staff training to improve
17 compliance with this subtitle, in consultation
18 with national, State, or local programs focused
19 on victims described in subparagraph (A);
20 ‘‘(8) establish a formal reporting process to re-
21 ceive individual complaints concerning noncompli-
22 ance with this subtitle;
23 ‘‘(9) coordinate the development of interagency
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24 guidelines to improve the availability of centralized
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1 information concerning available dwelling units for
2 use in facilitating the emergency transfer process;
3 ‘‘(10) coordinate the process for tracking of re-
4 quests, notice, and approval of National VAWA Vic-
5 tims Relocation Pool vouchers, and further imple-
6 ment, as necessary, any policies or procedures relat-
7 ing to the National VAWA Victims Relocation Pool
8 vouchers;
9 ‘‘(11) work with HUD regional offices to de-
10 velop a mechanism to implement regional external
11 referral plans and officials at each appropriate agen-
12 cy relating to the development of Federal regula-
13 tions, policy, protocols, and guidelines regarding uni-
14 form timeframes for the completion of emergency
15 transfers, National VAWA Victims Relocation Pool
16 vouchers, and external referrals;
17 ‘‘(12) coordinate with each appropriate agency
18 to ensure that standardized documents relating to
19 the implementation of this title are translated into
20 and made available in multiple languages, are acces-
21 sible to persons with disabilities, and made acces-
22 sible to covered housing providers within a reason-
23 able time upon adoption of the documents by the ap-
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24 propriate agency;
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1 ‘‘(13) ensure that the documents described in
2 paragraph (11), including guidance and notices to
3 victims, are distributed in commonly encountered
4 languages by covered housing providers consistent
5 with title VI of the Civil Rights Act of 1964 (42
6 U.S.C. 2000d et seq.) and any guidance issued by
7 the appropriate agencies in accordance with Execu-
8 tive Order 13166 (42 U.S.C. 2000d–1 note; relating
9 to access to services for persons with limited English
10 proficiency); and
11 ‘‘(14) in consultation with each appropriate
12 agency, identify existing compliance review processes
13 that could incorporate the compliance reviews re-
14 quired under section 41412(a).
15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
16 are authorized to be appropriated to carry out this section
17 such sums as may be necessary for each of fiscal years
18 2022 through 2026.
19 ‘‘SEC. 41414. PROHIBITION ON RETALIATION.
20 ‘‘(a) NONDISCRIMINATION REQUIREMENT.—No cov-
21 ered housing provider shall discriminate against any per-
22 son because that person has opposed any act or practice
23 made unlawful by this subtitle, or because that individual
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24 testified, assisted, or participated in any matter related
25 to this subtitle.
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1 ‘‘(b) PROHIBITION ON COERCION.—No covered hous-
2 ing provider shall coerce, intimidate, threaten, or interfere
3 with, or retaliate against, any person in the exercise or
4 enjoyment of, or on account of the person having exercised
5 or enjoyed, or on account of the person having aided or
6 encouraged any other individual in the exercise or enjoy-
7 ment of, any rights or protections under this subtitle, in-
8 cluding—
9 ‘‘(1) intimidating or threatening any person be-
10 cause that person is assisting or encouraging an in-
11 dividual entitled to claim the rights or protections
12 under this subtitle; and
13 ‘‘(2) retaliating against any person because that
14 person has participated in any investigation or ac-
15 tion to enforce this subtitle.
16 ‘‘(c) ENFORCEMENT AUTHORITY OF THE SEC-
17 RETARY.—The authority of the Secretary of Housing and
18 Urban Development and the Office for Fair Housing and
19 Equal Opportunity to enforce this section shall be the
20 same as the Fair Housing Act (42 U.S.C. 3610 et seq.).’’.
21 SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME
22 FROM ONE’S HOME.
23 (a) IN GENERAL.—Chapter 2 of subtitle N of title
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24 IV of the Violence Against Women Act of 1994 (34 U.S.C.
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1 12491 et seq.), as amended by this Act, is further amend-
2 ed by inserting after section 41414 the following:
3 ‘‘SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES
4 FROM ONE’S HOME.
5 ‘‘(a) DEFINITION.—In this section, the term ‘covered
6 governmental entity’ means any municipal, county, or
7 State government that receives funding under section 106
8 of the Housing and Community Development Act of 1974
9 (42 U.S.C. 5306).
10 ‘‘(b) RIGHT TO REPORT.—
11 ‘‘(1) IN GENERAL.—Landlords, homeowners,
12 residents, occupants, and guests of, and applicants
13 for, housing—
14 ‘‘(A) shall have the right to seek law en-
15 forcement or emergency assistance on their own
16 behalf or on behalf of another person in need
17 of assistance; and
18 ‘‘(B) shall not be penalized based on their
19 requests for assistance or based on criminal ac-
20 tivity of which they are a victim or otherwise
21 not at fault under statutes, ordinances, regula-
22 tions, or policies adopted or enforced by covered
23 governmental entities.
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24 ‘‘(2) PROHIBITED PENALTIES.—Penalties that
25 are prohibited under paragraph (1) include—
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1 ‘‘(A) actual or threatened assessment of
2 penalties, fees, or fines;
3 ‘‘(B) actual or threatened eviction;
4 ‘‘(C) actual or threatened refusal to rent
5 or renew tenancy;
6 ‘‘(D) actual or threatened refusal to issue
7 an occupancy permit or landlord permit; and
8 ‘‘(E) actual or threatened closure of the
9 property, or designation of the property as a
10 nuisance or a similarly negative designation.
11 ‘‘(c) REPORTING.—Consistent with the process de-
12 scribed in section 104(b) of the Housing and Community
13 Development Act of 1974 (42 U.S.C. 5304(b)), covered
14 governmental entities shall—
15 ‘‘(1) report any of their laws or policies, or, as
16 applicable, the laws or policies adopted by sub-
17 grantees, that impose penalties on landlords, home-
18 owners, residents, occupants, guests, or housing ap-
19 plicants based on requests for law enforcement or
20 emergency assistance or based on criminal activity
21 that occurred at a property; and
22 ‘‘(2) certify that they are in compliance with
23 the protections under this subtitle or describe the
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24 steps the covered governmental entities will take
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1 within 180 days to come into compliance, or to en-
2 sure compliance among subgrantees.
3 ‘‘(d) OVERSIGHT.—Oversight and accountability
4 mechanisms provided for under title VIII of the Civil
5 Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall be avail-
6 able to address violations of this section.
7 ‘‘(e) SUBGRANTEES.—For those covered govern-
8 mental entities that distribute funds to subgrantees, com-
9 pliance with subsection (c)(1) includes inquiring about the
10 existence of laws and policies adopted by subgrantees that
11 impose penalties on landlords, homeowners, residents, oc-
12 cupants, guests, or housing applicants based on requests
13 for law enforcement or emergency assistance or based on
14 criminal activity that occurred at a property.’’.
15 (b) SUPPORTING EFFECTIVE CRIME REDUCTION
16 METHODS.—
17 (1) ADDITIONAL AUTHORIZED USE OF BYRNE-
18 JAG FUNDS.—Section 501(a)(1) of subpart 1 of part
19 E of title I of the Omnibus Crime Control and Safe
20 Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
21 amended by adding after subparagraph (H) the fol-
22 lowing:
23 ‘‘(I) Programs for the development and im-
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24 plementation of methods of reducing crime in
25 communities, to supplant punitive programs or
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1 policies. For purposes of this subparagraph, a
2 punitive program or policy is a program or pol-
3 icy that—
4 ‘‘(i) imposes a penalty described in
5 section 41415(b)(2) of the Violence
6 Against Women Act of 1994 on the basis
7 of a request for law enforcement or emer-
8 gency assistance; or
9 ‘‘(ii) imposes a penalty described in
10 section 41415(b)(2) of the Violence
11 Against Women Act of 1994 on a landlord,
12 homeowner, tenant, program participant,
13 resident, occupant, or guest because of
14 criminal activity at the property, including
15 domestic violence dating violence, sexual
16 assault, and stalking, where the landlord,
17 homeowner, tenant, program participant,
18 resident, occupant, or guest was a victim
19 of such criminal activity.’’.
20 (2) ADDITIONAL AUTHORIZED USE OF COPS
21 FUNDS.—Section 1701(b) of part Q of title I of the
22 Omnibus Crime Control and Safe Streets Act of
23 1968 (34 U.S.C. 10381(b)) is amended—
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24 (A) in paragraph (22), by striking ‘‘and’’
25 after the semicolon;
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1 (B) in paragraph (23), by striking the pe-
2 riod at the end and inserting ‘‘; and’’; and
3 (C) by adding at the end the following:
4 ‘‘(24) to develop and implement methods of re-
5 ducing crime in communities, to supplant punitive
6 programs or policies (as such term is defined in sec-
7 tion 501(a)(1)(I)).’’.
8 (3) ADDITIONAL AUTHORIZED USE OF GRANTS
9 TO IMPROVE CRIMINAL JUSTICE RESPONSE POLI-
10 CIES.—Section 2101(b) of part U of title I of the
11 Omnibus Crime Control and Safe Streets Act of
12 1968 (34 U.S.C. 10461(b)), as amended by this Act,
13 is further amended by adding at the end the fol-
14 lowing:
15 ‘‘(25) To develop and implement methods of re-
16 ducing crime in communities, to supplant punitive
17 programs or policies. For purposes of this para-
18 graph, a punitive program or policy is a program or
19 policy that—
20 ‘‘(A) imposes a penalty described in section
21 41415(b) of the Violence Against Women Act of
22 1994 on the basis of a request for law enforce-
23 ment or emergency assistance; or
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24 ‘‘(B) imposes a penalty described in sec-
25 tion 41415(b) of the Violence Against Women
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1 Act of 1994 on a landlord, homeowner, tenant,
2 program participant, resident, occupant, or
3 guest because of criminal activity at the prop-
4 erty, including domestic violence, dating vio-
5 lence, sexual assault, and stalking, where the
6 landlord, homeowner, tenant, program partici-
7 pant, resident, occupant, or guest was a victim
8 of such criminal activity.’’.
9 SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS
10 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-
11 ING VIOLENCE, SEXUAL ASSAULT, OR STALK-
12 ING.
13 Section 40299 of the Violence Against Women Act
14 of 1994 (34 U.S.C. 12351) is amended—
15 (1) in subsection (a), in the matter preceding
16 paragraph (1)—
17 (A) by striking ‘‘the Director of the Vio-
18 lence Against Women Office’’ and inserting
19 ‘‘the Director of the Office on Violence Against
20 Women’’; and
21 (B) by inserting after ‘‘, other nonprofit,
22 nongovernmental organizations’’ the following:
23 ‘‘, population-specific organizations’’; and
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24 (2) in subsection (g)—
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1 (A) in paragraph (1), by striking ‘‘2014
2 through 2018’’ and inserting ‘‘2022 through
3 2026’’;
4 (B) in paragraph (2), by striking ‘‘5 per-
5 cent’’ and inserting ‘‘8 percent’’; and
6 (C) in paragraph (3)(B), by striking ‘‘0.25
7 percent’’ and inserting ‘‘0.5 percent’’.
8 SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS
9 OF DOMESTIC VIOLENCE, DATING VIOLENCE,
10 SEXUAL ASSAULT, AND STALKING.
11 (a) MCKINNEY-VENTO HOMELESS ASSISTANCE
12 GRANTS.—Section 423(a) of the McKinney-Vento Home-
13 less Assistance Act (42 U.S.C. 11383(a)) is amended by
14 adding at the end the following:
15 ‘‘(13) Facilitating and coordinating activities to
16 ensure compliance with subsection (e) of section
17 41411 of the Violence Against Women Act of 1994
18 (34 U.S.C. 12491) and monitoring compliance with
19 the confidentiality protections of subsection (c)(4) of
20 such section.’’.
21 (b) COLLABORATIVE GRANTS TO INCREASE THE
22 LONG-TERM STABILITY OF VICTIMS.—Section 41404(i)
23 of the Violence Against Women Act of 1994 (34 U.S.C.
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24 12474(i)) is amended by striking ‘‘2014 through 2018’’
25 and inserting ‘‘2022 through 2026’’.
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1 (c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN
2 IN PUBLIC AND ASSISTED HOUSING.—Section 41405 of
3 the Violence Against Women Act of 1994 (34 U.S.C.
4 12475) is amended—
5 (1) in subsection (b), by striking ‘‘the Director
6 of the Violence Against Women Office’’ and insert-
7 ing ‘‘the Director of the Office on Violence Against
8 Women’’;
9 (2) in subsection (c)(2)(D), by inserting after
10 ‘‘linguistically and culturally specific service pro-
11 viders,’’ the following: ‘‘population-specific organiza-
12 tions,’’; and
13 (3) in subsection (g), by striking ‘‘2014 through
14 2018’’ and inserting the following: ‘‘2022 through
15 2026’’.
16 SEC. 606. UNITED STATES HOUSING ACT OF 1937 AMEND-
17 MENTS.
18 Section 5A(d) of the United States Housing Act of
19 1937 (42 U.S.C. 1437c–1(d)) is amended—
20 (1) by amending paragraph (13) to read as fol-
21 lows:
22 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE,
23 SEXUAL ASSAULT, OR STALKING PROGRAMS.—
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24 ‘‘(A) COPIES.—A copy of—
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1 ‘‘(i) all standardized notices issued
2 pursuant to the housing protections under
3 subtitle N of the Violence Against Women
4 Act of 1994, including the notice required
5 under section 41411(d) of the Violence
6 Against Women Act of 1994;
7 ‘‘(ii) the emergency transfer plan
8 issued pursuant to section 41411 of the
9 Violence Against Women Act of 1994; and
10 ‘‘(iii) any and all memoranda of un-
11 derstanding with other covered housing
12 providers developed to facilitate emergency
13 transfers under section 41411(e) of the Vi-
14 olence Against Women Act of 1994.
15 ‘‘(B) DESCRIPTIONS.—A description of—
16 ‘‘(i) any activities, services, or pro-
17 grams provided or offered by an agency, ei-
18 ther directly or in partnership with other
19 service providers, to child or adult victims
20 of domestic violence, dating violence, sex-
21 ual assault, or stalking;
22 ‘‘(ii) any activities, services, or pro-
23 grams provided or offered by a public
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24 housing agency that helps child and adult
25 victims of domestic violence, dating vio-
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1 lence, sexual assault, or stalking, to obtain
2 or maintain housing;
3 ‘‘(iii) any activities, services, or pro-
4 grams provided or offered by a public
5 housing agency to prevent domestic vio-
6 lence, dating violence, sexual assault, and
7 stalking, or to enhance victim safety in as-
8 sisted families; and
9 ‘‘(iv) all training and support services
10 offered to staff of the public housing agen-
11 cy to provide a basic understanding of do-
12 mestic violence, dating violence, sexual as-
13 sault, and stalking, and to facilitate imple-
14 mentation of the housing protections of
15 section 41411 of the Violence Against
16 Women Act of 1994.’’; and
17 (2) in paragraph (16), by inserting ‘‘the Vio-
18 lence Against Women Act of 1994,’’ before ‘‘the
19 Fair Housing Act’’.
20 TITLE VII—ECONOMIC SECURITY
21 FOR VICTIMS
22 SEC. 701. FINDINGS.
23 Congress finds the following:
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24 (1) Over 1 in 3 women experience sexual vio-
25 lence, and 1 in 5 women have survived completed or
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1 attempted rape. Such violence has a devastating im-
2 pact on women’s physical and emotional health, fi-
3 nancial security, and ability to maintain their jobs,
4 and thus impacts interstate commerce and economic
5 security.
6 (2) The Office on Violence Against Women of
7 the Department of Justice defines domestic violence
8 as a pattern of abusive behavior in any relationship
9 that is used by one intimate partner to gain or
10 maintain power and control over another intimate
11 partner. Domestic violence can include physical, sex-
12 ual, emotional, economic, or psychological actions or
13 threats of actions that influence another person. Do-
14 mestic violence includes any behaviors that intimi-
15 date, manipulate, humiliate, isolate, frighten, ter-
16 rorize, coerce, threaten, blame, hurt, injure, or
17 wound an individual.
18 (3) The Centers for Disease Control and Pre-
19 vention report that domestic violence or intimate
20 partner violence is a serious public health issue for
21 millions of individuals in the United States. Nearly
22 1 in 4 women and 1 in 9 men in the United States
23 have suffered sexual violence, physical violence, or
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24 stalking by an intimate partner.
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1 (4) Transgender and gender non-conforming
2 people face extraordinary levels of physical and sex-
3 ual violence.
4 (5) More than 1 in 4 transgender people have
5 faced bias-driven assault, and this rate is higher for
6 trans women and trans people of color.
7 (6) The American Foundation for Suicide Pre-
8 vention has found that transgender and gender non-
9 conforming people had an elevated prevalence of sui-
10 cide attempts, especially when they have suffered
11 physical or sexual violence.
12 (7) Homicide is one of the leading causes of
13 death for women on the job. Domestic partners or
14 relatives commit 43 percent of workplace homicides
15 against women. One study found that intimate part-
16 ner violence resulted in 142 homicides among women
17 at work in the United States from 2003 to 2008, a
18 figure which represents 22 percent of the 648 work-
19 place homicides among women during the period. In
20 fact, in 2010, homicides against women at work in-
21 creased by 13 percent despite continuous declines in
22 overall workplace homicides in recent years.
23 (8) Women in the United States are 11 times
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24 more likely to be murdered with guns than women
25 in other high-income countries. Female intimate
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1 partners are more likely to be murdered with a fire-
2 arm than all other means combined. The presence of
3 a gun in domestic violence situations increases the
4 risk of homicide for women by 500 percent.
5 (9) Violence can have a dramatic impact on the
6 survivor of such violence. Studies indicate that 44
7 percent of surveyed employed adults experienced the
8 effect of domestic violence in the workplace, and 64
9 percent indicated their workplace performance was
10 affected by such violence. Another recent survey
11 found that 78 percent of offenders used workplace
12 resources to express anger, check up on, pressure, or
13 threaten a survivor. Sexual assault, whether occur-
14 ring in or out of the workplace, can impair an em-
15 ployee’s work performance, require time away from
16 work, and undermine the employee’s ability to main-
17 tain a job. Nearly 50 percent of sexual assault sur-
18 vivors lose their jobs or are forced to quit in the
19 aftermath of the assaults.
20 (10) Studies find that 60 percent of single
21 women lack economic security and 81 percent of
22 households with single mothers live in economic inse-
23 curity. Significant barriers that survivors confront
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24 include access to housing, transportation, and child
25 care. Ninety-two percent of homeless women have
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1 experienced domestic violence, and more than 50
2 percent of such women cite domestic violence as the
3 direct cause for homelessness. Survivors are deprived
4 of their autonomy, liberty, and security, and face
5 tremendous threats to their health and safety.
6 (11) The Centers for Disease Control and Pre-
7 vention report that survivors of severe intimate part-
8 ner violence lose nearly 8 million days of paid work,
9 which is the equivalent of more than 32,000 full-
10 time jobs and almost 5,600,000 days of household
11 productivity each year. Therefore, women dispropor-
12 tionately need time off to care for their health or to
13 find safety solutions, such as obtaining a restraining
14 order or finding housing, to avoid or prevent further
15 violence.
16 (12) Annual costs of intimate partner violence
17 are estimated to be more than $8,300,000,000. Ac-
18 cording to the Centers for Disease Control and Pre-
19 vention, the costs of intimate partner violence
20 against women in 1995 exceeded an estimated
21 $5,800,000,000. These costs included nearly
22 $4,100,000,000 in the direct costs of medical and
23 mental health care and nearly $1,800,000,000 in the
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24 indirect costs of lost productivity. These statistics
25 are generally considered to be underestimated be-
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1 cause the costs associated with the criminal justice
2 system are not included.
3 (13) Fifty-five percent of senior executives re-
4 cently surveyed said domestic violence has a harmful
5 effect on their company’s productivity, and more
6 than 70 percent said domestic violence negatively af-
7 fects attendance. Seventy-eight percent of human re-
8 sources professionals consider partner violence a
9 workplace issue. However, more than 70 percent of
10 United States workplaces have no formal program or
11 policy that addresses workplace violence, let alone
12 domestic violence. In fact, only four percent of em-
13 ployers provided training on domestic violence.
14 (14) Studies indicate that one of the best pre-
15 dictors of whether a survivor will be able to stay
16 away from his or her abuser is the degree of his or
17 her economic independence. However, domestic vio-
18 lence, dating violence, sexual assault, and stalking
19 often negatively impact a survivor’s ability to main-
20 tain employment.
21 (15) Abusers frequently seek to exert financial
22 control over their partners by actively interfering
23 with their ability to work, including preventing their
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24 partners from going to work, harassing their part-
25 ners at work, limiting their partners’ access to cash
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1 or transportation, and sabotaging their partners’
2 child care arrangements.
3 (16) Economic abuse refers to behaviors that
4 control an intimate partner’s ability to acquire, use,
5 and maintain access to, money, credit, ownership of
6 assets, or access to governmental or private financial
7 benefits, including defaulting on joint obligations
8 (such as school loans, credit card debt, mortgages,
9 or rent). Other forms of such abuse may include pre-
10 venting someone from attending school, threatening
11 to or actually terminating employment, controlling
12 or withholding access to cash, checking, or credit ac-
13 counts, and attempting to damage or sabotage the
14 creditworthiness of an intimate partner, including
15 forcing an intimate partner to write bad checks,
16 forcing an intimate partner to default on payments
17 related to household needs, such as housing, or forc-
18 ing an intimate partner into bankruptcy.
19 (17) The Patient Protection and Affordable
20 Care Act (Public Law 111–148), and the amend-
21 ments made by such Act, ensures that most health
22 plans must cover preventive services, including
23 screening and counseling for domestic violence, at no
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24 additional cost. In addition, it prohibits insurance
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1 companies from discriminating against patients for
2 preexisting conditions, like domestic violence.
3 (18) Yet, more can be done to help survivors.
4 Federal law in effect on the day before the date of
5 enactment of this Act does not explicitly—
6 (A) authorize survivors of domestic vio-
7 lence, dating violence, sexual assault, or stalk-
8 ing to take leave from work to seek legal assist-
9 ance and redress, counseling, or assistance with
10 safety planning activities;
11 (B) address the eligibility of survivors of
12 domestic violence, dating violence, sexual as-
13 sault, or stalking for unemployment compensa-
14 tion;
15 (C) provide job protection to survivors of
16 domestic violence, dating violence, sexual as-
17 sault, or stalking;
18 (D) prohibit insurers and employers who
19 self-insure employee benefits from discrimi-
20 nating against survivors of domestic violence,
21 dating violence, sexual assault, or stalking and
22 those who help them in determining eligibility,
23 rates charged, and standards for payment of
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24 claims; or
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1 (E) prohibit insurers from disclosing infor-
2 mation about abuse and the location of the sur-
3 vivors through insurance databases and other
4 means.
5 (19) This Act aims to empower survivors of do-
6 mestic violence, dating violence, sexual assault, or
7 stalking to be free from violence, hardship, and con-
8 trol, which restrains basic human rights to freedom
9 and safety in the United States.
10 SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE
11 RESPONSES TO ASSIST VICTIMS OF DOMES-
12 TIC AND SEXUAL VIOLENCE.
13 Section 41501 of the Violent Crime Control and Law
14 Enforcement Act of 1994 (34 U.S.C. 12501) is amend-
15 ed—
16 (1) in subsection (a)—
17 (A) by inserting ‘‘and sexual harassment’’
18 after ‘‘domestic and sexual violence’’; and
19 (B) by striking ‘‘employers and labor orga-
20 nizations’’ and inserting ‘‘employers, labor or-
21 ganizations, and victim service providers’’;
22 (2) in subsection (b)—
23 (A) in paragraph (2), by striking ‘‘; and’’
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24 and inserting a semicolon;
25 (B) in paragraph (3)—
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1 (i) by striking ‘‘and stalking’’ and in-
2 serting ‘‘stalking, and sexual harassment’’;
3 and
4 (ii) by striking the period at the end
5 and inserting a semicolon;
6 (C) by adding the following new para-
7 graph:
8 ‘‘(4) a plan to enhance the capacity of survivors
9 to obtain and maintain employment to include the
10 implementation of a demonstration pilot program
11 ‘Pathways to Opportunity’ which builds collabora-
12 tions between and among victim service providers,
13 workforce development programs, and educational
14 and vocational institutions to provide trauma in-
15 formed programming to support survivors seeking
16 employment and centered around culturally specific
17 organizations or organizations that primarily serve
18 populations traditionally marginalized in the work-
19 place.’’.
20 (3) in subsection (c)(1), by inserting before the
21 period at the end ‘‘or sexual harassment’’;
22 (4) in subsection (c)(2)(A), by inserting ‘‘or
23 sexual harassment’’ after ‘‘sexual violence’’; and
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24 (5) in subsection (e), by striking ‘‘$1,000,000
25 for each of fiscal years 2014 through 2018’’ and in-
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1 serting ‘‘$2,000,000 for each of fiscal years 2022
2 through 2026’’.
3 SEC. 703. ENTITLEMENT TO UNEMPLOYMENT COMPENSA-
4 TION FOR VICTIMS OF SEXUAL AND OTHER
5 HARASSMENT AND SURVIVORS OF DOMESTIC
6 VIOLENCE, SEXUAL ASSAULT, OR STALKING.
7 (a) UNEMPLOYMENT COMPENSATION.—
8 (1) Section 3304(a) of the Internal Revenue
9 Code of 1986 is amended by striking ‘‘and’’ at the
10 end of paragraph (18), by redesignating paragraph
11 (19) as paragraph (20), and by inserting after para-
12 graph (18) the following new paragraph:
13 ‘‘(19) no person may be denied compensation
14 under such State law solely on the basis of the indi-
15 vidual having a voluntary separation from work if
16 such separation is attributable to such individual
17 being a victim of sexual or other harassment or a
18 survivor of domestic violence, sexual assault, or
19 stalking; and’’.
20 (2) Section 3304 of the Internal Revenue Code
21 of 1986 is amended by adding at the end the fol-
22 lowing new subsection:
23 ‘‘(g) SEXUAL OR OTHER HARASSMENT; ETC.—
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24 ‘‘(1) DOCUMENTATION.—For purposes of sub-
25 section (a)(19), a voluntary separation of an indi-
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1 vidual shall be considered to be attributable to such
2 individual being a survivor or victim of sexual or
3 other harassment or a survivor of domestic violence,
4 sexual assault, or stalking if such individual submits
5 such evidence as the State deems sufficient.
6 ‘‘(2) SUFFICIENT DOCUMENTATION.—For pur-
7 poses of paragraph (1), a State shall deem suffi-
8 cient, at a minimum—
9 ‘‘(A) evidence of such harassment, violence,
10 assault, or stalking in the form of—
11 ‘‘(i) a sworn statement and a form of
12 identification;
13 ‘‘(ii) a police or court record; or
14 ‘‘(iii) documentation from a victim
15 service provider, an attorney, a police offi-
16 cer, a medical professional, a social worker,
17 an antiviolence counselor, a member of the
18 clergy, or another professional; and
19 ‘‘(B) an attestation that such voluntary
20 separation is attributable to such harassment,
21 violence, assault, or stalking.
22 ‘‘(3) DEFINITIONS.—For purposes of this sec-
23 tion—
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24 ‘‘(A) The terms ‘domestic violence’, ‘sexual
25 assault’, ‘stalking’, ‘victim of sexual or other
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1 harassment’, and ‘survivor of domestic violence,
2 sexual assault, or stalking’ have the meanings
3 given such terms under State law, regulation,
4 or policy.
5 ‘‘(B) The term ‘victim service provider’ has
6 the meaning given such term in section 40002
7 of the Violence Against Women Act of 1994.’’.
8 (b) UNEMPLOYMENT COMPENSATION PERSONNEL
9 TRAINING.—Section 303(a) of the Social Security Act (42
10 U.S.C. 503(a)) is amended—
11 (1) by redesignating paragraphs (4) through
12 (12) as paragraphs (5) through (13), respectively;
13 and
14 (2) by inserting after paragraph (3) the fol-
15 lowing new paragraph:
16 ‘‘(4)(A) Such methods of administration as will
17 ensure that—
18 ‘‘(i) applicants for unemployment com-
19 pensation and individuals inquiring about such
20 compensation are notified of the provisions of
21 section 3304(a)(19) of the Internal Revenue
22 Code of 1986; and
23 ‘‘(ii) claims reviewers and hearing per-
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24 sonnel are trained in—
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1 ‘‘(I) the nature and dynamics of sex-
2 ual and other harassment, domestic vio-
3 lence, sexual assault, or stalking; and
4 ‘‘(II) methods of ascertaining and
5 keeping confidential information about pos-
6 sible experiences of sexual and other har-
7 assment, domestic violence, sexual assault,
8 or stalking to ensure that—
9 ‘‘(aa) requests for unemployment
10 compensation based on separations
11 stemming from sexual and other har-
12 assment, domestic violence, sexual as-
13 sault, or stalking are identified and
14 adjudicated; and
15 ‘‘(bb) confidentiality is provided
16 for the individual’s claim and sub-
17 mitted evidence.
18 ‘‘(B) For purposes of this paragraph—
19 ‘‘(i) the terms ‘domestic violence’, ‘sexual
20 assault’, and ‘stalking’ have the meanings given
21 such terms in section 40002 of the Violence
22 Against Women Act of 1994;
23 ‘‘(ii) the term ‘sexual and other harass-
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24 ment’ has the meaning given such term under
25 State law, regulation, or policy; and
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1 ‘‘(iii) the term ‘survivor of domestic vio-
2 lence, sexual assault, or stalking’ means—
3 ‘‘(I) a person who has experienced or
4 is experiencing domestic violence, sexual
5 assault, or stalking; and
6 ‘‘(II) a person whose family or house-
7 hold member has experienced or is experi-
8 encing domestic violence, sexual assault, or
9 stalking.’’.
10 (c) TANF PERSONNEL TRAINING.—Section 402(a)
11 of the Social Security Act (42 U.S.C. 602(a)) is amended
12 by adding at the end the following new paragraph:
13 ‘‘(8) CERTIFICATION THAT THE STATE WILL
14 PROVIDE INFORMATION TO SURVIVORS OF SEXUAL
15 AND OTHER HARASSMENT, DOMESTIC VIOLENCE,
16 SEXUAL ASSAULT, OR STALKING.—
17 ‘‘(A) IN GENERAL.—A certification by the
18 chief executive officer of the State that the
19 State has established and is enforcing stand-
20 ards and procedures to—
21 ‘‘(i) ensure that applicants for assist-
22 ance under the State program funded
23 under this part and individuals inquiring
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24 about such assistance are adequately noti-
25 fied of—
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1 ‘‘(I) the provisions of section
2 3304(a)(19) of the Internal Revenue
3 Code of 1986; and
4 ‘‘(II) assistance made available
5 by the State to survivors of sexual
6 and other harassment, domestic vio-
7 lence, sexual assault, or stalking;
8 ‘‘(ii) ensure that case workers and
9 other agency personnel responsible for ad-
10 ministering the State program funded
11 under this part are adequately trained in—
12 ‘‘(I) the nature and dynamics of
13 sexual and other harassment, domes-
14 tic violence, sexual assault, or stalk-
15 ing;
16 ‘‘(II) State standards and proce-
17 dures relating to the prevention of,
18 and assistance for individuals who are
19 survivors of sexual and other harass-
20 ment, domestic violence, sexual as-
21 sault, or stalking; and
22 ‘‘(III) methods of ascertaining
23 and keeping confidential information
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24 about possible experiences of sexual
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1 and other harassment, domestic vio-
2 lence, sexual assault, or stalking;
3 ‘‘(iii) ensure that, if a State has elect-
4 ed to establish and enforce standards and
5 procedures regarding the screening for,
6 and identification of, domestic violence
7 pursuant to paragraph (7)—
8 ‘‘(I) applicants for assistance
9 under the State program funded
10 under this part and individuals inquir-
11 ing about such assistance are ade-
12 quately notified of options available
13 under such standards and procedures;
14 and
15 ‘‘(II) case workers and other
16 agency personnel responsible for ad-
17 ministering the State program funded
18 under this part are provided with ade-
19 quate training regarding such stand-
20 ards and procedures and options
21 available under such standards and
22 procedures; and
23 ‘‘(iv) ensure that the training required
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1 ble, (C)(ii) is provided through a training
2 program operated by an eligible entity.
3 ‘‘(B) DEFINITIONS.—For purposes of this
4 paragraph—
5 ‘‘(i) the terms ‘domestic violence’,
6 ‘sexual assault’, and ‘stalking’ have the
7 meanings given such terms in section
8 40002 of the Violence Against Women Act
9 of 1994;
10 ‘‘(ii) the term ‘sexual and other har-
11 assment’ has the meaning given such term
12 under State law, regulation, or policy; and
13 ‘‘(iii) the term ‘survivor of domestic
14 violence, sexual assault, or stalking’
15 means—
16 ‘‘(I) a person who has experi-
17 enced or is experiencing domestic vio-
18 lence, sexual assault, or stalking; and
19 ‘‘(II) a person whose family or
20 household member has experienced or
21 is experiencing domestic violence, sex-
22 ual assault, or stalking.’’.
23 (d) SEXUAL AND OTHER HARASSMENT, DOMESTIC
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24 VIOLENCE, SEXUAL ASSAULT, OR STALKING TRAINING
25 GRANT PROGRAM.—
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1 (1) GRANTS AUTHORIZED.—The Secretary of
2 Labor (in this subsection referred to as the ‘‘Sec-
3 retary’’) is authorized to award—
4 (A) a grant to a national victim service
5 provider in order for such organization to—
6 (i) develop and disseminate a model
7 training program (and related materials)
8 for the training required under section
9 303(a)(4)(B) of the Social Security Act, as
10 added by subsection (b), and under sub-
11 paragraph (B) and, if applicable, subpara-
12 graph (C)(ii) of section 402(a)(8) of such
13 Act, as added by subsection (c); and
14 (ii) provide technical assistance with
15 respect to such model training program,
16 including technical assistance to the tem-
17 porary assistance for needy families pro-
18 gram and unemployment compensation
19 personnel; and
20 (B) grants to State, Tribal, or local agen-
21 cies in order for such agencies to contract with
22 eligible entities to provide State, Tribal, or local
23 caseworkers and other State, Tribal, or local
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24 agency personnel responsible for administering
25 the temporary assistance for needy families pro-
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1 gram established under part A of title IV of the
2 Social Security Act in a State or Indian res-
3 ervation with the training required under sub-
4 paragraph (B) and, if applicable, subparagraph
5 (C)(ii) of such section 402(a)(8).
6 (2) ELIGIBLE ENTITY DEFINED.—For purposes
7 of paragraph (1)(B), the term ‘‘eligible entity’’
8 means an entity—
9 (A) that is—
10 (i) a State or Tribal domestic violence
11 coalition or sexual assault coalition;
12 (ii) a State or local victim service pro-
13 vider with recognized expertise in the dy-
14 namics of domestic violence, sexual assault,
15 or stalking whose primary mission is to
16 provide services to survivors of domestic vi-
17 olence, sexual assault, or stalking, includ-
18 ing a rape crisis center or domestic vio-
19 lence program; or
20 (iii) an organization with dem-
21 onstrated expertise in State or county wel-
22 fare laws and implementation of such laws
23 and experience with disseminating informa-
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24 tion on such laws and implementation, but
25 only if such organization will provide the
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1 required training in partnership with an
2 entity described in clause (i) or (ii); and
3 (B) that—
4 (i) has demonstrated expertise in the
5 dynamics of both domestic violence and
6 sexual assault, such as a joint domestic vi-
7 olence and sexual assault coalition; or
8 (ii) will provide the required training
9 in partnership with an entity described in
10 clause (i) or (ii) of subparagraph (A) in
11 order to comply with the dual domestic vio-
12 lence and sexual assault expertise require-
13 ment under clause (i).
14 (3) APPLICATION.—An entity seeking a grant
15 under this subsection shall submit an application to
16 the Secretary at such time, in such form and man-
17 ner, and containing such information as the Sec-
18 retary specifies.
19 (4) REPORTS.—
20 (A) REPORTS TO CONGRESS.—Not later
21 than a year after the date of the enactment of
22 this Act, and annually thereafter, the Secretary
23 shall submit to Congress a report on the grant
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24 program established under this subsection.
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1 (B) REPORTS AVAILABLE TO PUBLIC.—
2 The Secretary shall establish procedures for the
3 dissemination to the public of each report sub-
4 mitted under subparagraph (A). Such proce-
5 dures shall include the use of the internet to
6 disseminate such reports.
7 (5) AUTHORIZATION OF APPROPRIATIONS.—
8 (A) IN GENERAL.—There are authorized to
9 be appropriated—
10 (i) $1,000,000 fo fiscal year 2022 to
11 carry out the provisions of paragraph
12 (1)(A); and
13 (ii) $12,000,000 for each of fiscal
14 years 2022 through 2026 to carry out the
15 provisions of paragraph (1)(B).
16 (B) THREE-YEAR AVAILABILITY OF GRANT
17 FUNDS.—Each recipient of a grant under this
18 subsection shall return to the Secretary any un-
19 used portion of such grant not later than 3
20 years after the date the grant was awarded, to-
21 gether with any earnings on such unused por-
22 tion.
23 (C) AMOUNTS RETURNED.—Any amounts
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24 returned pursuant to subparagraph (B) shall be
25 available without further appropriation to the
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1 Secretary for the purpose of carrying out the
2 provisions of paragraph (1)(B).
3 (e) EFFECT ON EXISTING LAWS, ETC.—
4 (1) MORE PROTECTIVE LAWS, AGREEMENTS,
5 PROGRAMS, AND PLANS.—Nothing in this title shall
6 be construed to supersede any provision of any Fed-
7 eral, State, or local law, collective bargaining agree-
8 ment, or employment benefits program or plan that
9 provides greater unemployment insurance benefits
10 for survivors of sexual and other harassment, domes-
11 tic violence, sexual assault, or stalking than the
12 rights established under this title.
13 (2) LESS PROTECTIVE LAWS, AGREEMENTS,
14 PROGRAMS, AND PLANS.—Any law, collective bar-
15 gaining agreement, or employment benefits program
16 or plan of a State or unit of local government is pre-
17 empted to the extent that such law, agreement, or
18 program or plan would impair the exercise of any
19 right established under this title or the amendments
20 made by this title.
21 (f) EFFECTIVE DATE.—
22 (1) IN GENERAL.—The amendments made by
23 subsection (a) shall apply to weeks of unemployment
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24 beginning on or after the earlier of—
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1 (A) the date the State changes its statutes,
2 regulations, or policies in order to comply with
3 such amendments; or
4 (B) January 1, 2023.
5 (2) TANF AMENDMENT.—
6 (A) IN GENERAL.—Except as provided in
7 subparagraph (B), the amendment made by
8 subsection (c) shall take effect on the date of
9 enactment of this Act.
10 (B) EXTENSION OF EFFECTIVE DATE FOR
11 STATE LAW AMENDMENT.—In the case of a
12 State plan under part A of title IV of the Social
13 Security Act which the Secretary of Health and
14 Human Services determines requires State ac-
15 tion (including legislation, regulation, or other
16 administrative action) in order for the plan to
17 meet the additional requirements imposed by
18 the amendment made by subsection (c), the
19 State plan shall not be regarded as failing to
20 comply with the requirements of such amend-
21 ment on the basis of its failure to meet these
22 additional requirements before the first day of
23 the first calendar quarter beginning after the
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24 close of the first regular session of the State
25 legislature that begins after the date of enact-
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1 ment of this Act. For purposes of the previous
2 sentence, in the case of a State that has a 2-
3 year legislative session, each year of the session
4 is considered to be a separate regular session of
5 the State legislature.
6 (g) DEFINITIONS.—In this section, the terms ‘‘do-
7 mestic violence’’, ‘‘sexual assault’’, ‘‘stalking’’, ‘‘survivor
8 of domestic violence, sexual assault, or stalking’’, and ‘‘vic-
9 tim service provider’’ have the meanings given such terms
10 in section 3304(g) of the Internal Revenue Code of 1986.
11 SEC. 704. STUDY AND REPORTS ON BARRIERS TO SUR-
12 VIVORS’ ECONOMIC SECURITY ACCESS.
13 (a) STUDY.—The Secretary of Health and Human
14 Services, in consultation with the Secretary of Labor, shall
15 conduct a study on the barriers that survivors of domestic
16 violence, dating violence, sexual assault, or stalking
17 throughout the United States experience in maintaining
18 economic security as a result of issues related to domestic
19 violence, dating violence, sexual assault, or stalking.
20 (b) REPORTS.—Not later than 1 year after the date
21 of enactment of this title, and every 5 years thereafter,
22 the Secretary of Health and Human Services, in consulta-
23 tion with the Secretary of Labor, shall submit a report
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24 to Congress on the study conducted under subsection (a).
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1 (c) CONTENTS.—The study and reports under this
2 section shall include—
3 (1) identification of geographic areas in which
4 State laws, regulations, and practices have a strong
5 impact on the ability of survivors of domestic vio-
6 lence, dating violence, sexual assault, or stalking to
7 exercise—
8 (A) any rights under this Act without com-
9 promising personal safety or the safety of oth-
10 ers, including family members and excluding
11 the abuser; and
12 (B) other components of economic security,
13 including financial empowerment, affordable
14 housing, transportation, healthcare access, and
15 quality education and training opportunities;
16 (2) identification of geographic areas with
17 shortages in resources for such survivors, with an
18 accompanying analysis of the extent and impact of
19 such shortage;
20 (3) analysis of factors related to industries,
21 workplace settings, employer practices, trends, and
22 other elements that impact the ability of such sur-
23 vivors to exercise any rights under this Act without
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24 compromising personal safety or the safety of others,
25 including family members;
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1 (4) the recommendations of the Secretary of
2 Health and Human Services and the Secretary of
3 Labor with respect to resources, oversight, and en-
4 forcement tools to ensure successful implementation
5 of the provisions of this Act in order to support the
6 economic security and safety of survivors of domestic
7 violence, dating violence, sexual assault, or stalking;
8 and
9 (5) best practices for States, employers, health
10 carriers, insurers, and other private entities in ad-
11 dressing issues related to domestic violence, dating
12 violence, sexual assault, or stalking.
13 SEC. 705. GAO STUDY.
14 Not later than 18 months after the date of enactment
15 of this Act, the Comptroller General of the United States
16 shall submit to the Committee on Health, Education,
17 Labor, and Pensions of the Senate a report that examines,
18 with respect to survivors of domestic violence, dating vio-
19 lence, sexual assault, or stalking who are, or were, enrolled
20 at institutions of higher education and borrowed a loan
21 made, insured, or guaranteed under title IV of the Higher
22 Education Act of 1965 (20 U.S.C. 1070 et seq.) for which
23 the survivors have not repaid the total interest and prin-
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24 cipal due, each of the following:
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1 (1) The implications of domestic violence, dat-
2 ing violence, sexual assault, or stalking on a bor-
3 rower’s ability to repay their Federal student loans.
4 (2) The adequacy of policies and procedures re-
5 garding Federal student loan deferment, forbear-
6 ance, and grace periods when a survivor has to sus-
7 pend or terminate the survivor’s enrollment at an in-
8 stitution of higher education due to domestic vio-
9 lence, dating violence, sexual assault, or stalking.
10 (3) The adequacy of institutional policies and
11 practices regarding retention or transfer of credits
12 when a survivor has to suspend or terminate the
13 survivor’s enrollment at an institution of higher edu-
14 cation due to domestic violence, dating violence, sex-
15 ual assault, or stalking.
16 (4) The availability or any options for a sur-
17 vivor of domestic violence, dating violence, sexual as-
18 sault, or stalking who attended an institution of
19 higher education that committed unfair, deceptive,
20 or abusive acts or practices, or otherwise substan-
21 tially misrepresented information to students, to be
22 able to seek a defense to repayment of the survivor’s
23 Federal student loan.
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24 (5) The limitations faced by a survivor of do-
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1 stalking to obtain any relief or restitution on the
2 survivor’s Federal student loan debt due to the use
3 of forced arbitration, gag orders, or bans on class
4 actions.
5 SEC. 706. EDUCATION AND INFORMATION PROGRAMS FOR
6 SURVIVORS.
7 (a) PUBLIC EDUCATION CAMPAIGN.—
8 (1) IN GENERAL.—The Secretary of Labor, in
9 conjunction with the Secretary of Health and
10 Human Services (through the Director of the Cen-
11 ters for Disease Control and Prevention and the
12 grant recipient under section 41501 of the Violence
13 Against Women Act of 1994 that establishes the na-
14 tional resource center on workplace responses to as-
15 sist victims of domestic and sexual violence) and the
16 Attorney General (through the Principal Deputy Di-
17 rector of the Office on Violence Against Women),
18 shall coordinate and provide for a national public
19 outreach and education campaign to raise public
20 awareness of the workplace impact of domestic vio-
21 lence, dating violence, sexual assault, and stalking,
22 including outreach and education for employers,
23 service providers, teachers, and other key partners.
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24 This campaign shall pay special attention to ensure
25 that survivors are made aware of the existence of the
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1 following types of workplace laws (federal and/or
2 State): anti-discrimination laws that bar treating
3 survivors differently; leave laws, both paid and un-
4 paid that are available for use by survivors; unem-
5 ployment insurance laws and policies that address
6 survivor eligibility.
7 (2) DISSEMINATION.—The Secretary of Labor,
8 in conjunction with the Secretary of Health and
9 Human Services and the Attorney General, as de-
10 scribed in paragraph (1), may disseminate informa-
11 tion through the public outreach and education cam-
12 paign on the resources and rights referred to in this
13 subsection directly or through arrangements with
14 health agencies, professional and nonprofit organiza-
15 tions, consumer groups, labor organizations, institu-
16 tions of higher education, clinics, the media, and
17 Federal, State, and local agencies.
18 (3) INFORMATION.—The information dissemi-
19 nated under paragraph (2) shall include, at a min-
20 imum, a description of—
21 (A) the resources and rights that are—
22 (i) available to survivors of domestic
23 violence, dating violence, sexual assault, or
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24 stalking; and
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1 (ii) established in this Act and the Vi-
2 olence Against Women Act of 1994 (34
3 U.S.C. 12291 et seq.);
4 (B) guidelines and best practices on pre-
5 vention of domestic violence, dating violence,
6 stalking, and sexual assault;
7 (C) resources that promote healthy rela-
8 tionships and communication skills;
9 (D) resources that encourage bystander
10 intervention in a situation involving domestic vi-
11 olence, dating violence, stalking, or sexual as-
12 sault;
13 (E) resources that promote workplace poli-
14 cies that support and help maintain the eco-
15 nomic security of survivors of domestic violence,
16 dating violence, sexual assault, or stalking, in-
17 cluding guidelines and best practices to promote
18 the creation of effective employee assistance
19 programs; and
20 (F) resources and rights that the heads of
21 Federal agencies described in paragraph (2) de-
22 termine are appropriate to include.
23 (4) COMMON LANGUAGES.—The Secretary of
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24 Labor shall ensure that the information dissemi-
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1 nated to survivors under paragraph (2) is made
2 available in commonly encountered languages.
3 (b) DEFINITIONS.—In this section:
4 (1) EMPLOYEE.—
5 (A) IN GENERAL.—The term ‘‘employee’’
6 means any individual employed by an employer.
7 In the case of an individual employed by a pub-
8 lic agency, such term means an individual em-
9 ployed as described in section 3(e)(2) of the
10 Fair Labor Standards Act of 1938 (29 U.S.C.
11 203(e)(2)).
12 (B) BASIS.—The term includes a person
13 employed as described in subparagraph (A) on
14 a full- or part-time basis, for a fixed time pe-
15 riod, on a temporary basis, pursuant to a detail,
16 or as a participant in a work assignment as a
17 condition of receipt of Federal or State income-
18 based public assistance.
19 (2) EMPLOYER.—The term ‘‘employer’’—
20 (A) means any person engaged in com-
21 merce or in any industry or activity affecting
22 commerce who employs 15 or more individuals;
23 and
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24 (B) includes any person acting directly or
25 indirectly in the interest of an employer in rela-
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1 tion to an employee, and includes a public agen-
2 cy that employs individuals as described in sec-
3 tion 3(e)(2) of the Fair Labor Standards Act of
4 1938, but does not include any labor organiza-
5 tion (other than when acting as an employer) or
6 anyone acting in the capacity of officer or agent
7 of such labor organization.
8 (3) FLSA TERMS.—The terms ‘‘employ’’ and
9 ‘‘State’’ have the meanings given the terms in sec-
10 tion 3 of the Fair Labor Standards Act of 1938 (29
11 U.S.C. 203).
12 (c) STUDY ON WORKPLACE RESPONSES.—The Sec-
13 retary of Labor, in conjunction with the Secretary of
14 Health and Human Services, shall conduct a study on the
15 status of workplace responses to employees who experience
16 domestic violence, dating violence, sexual assault, or stalk-
17 ing while employed, in each State and nationally, to im-
18 prove the access of survivors of domestic violence, dating
19 violence, sexual assault, or stalking to supportive resources
20 and economic security.
21 (d) AUTHORIZATION OF APPROPRIATIONS.—There
22 are authorized to be appropriated to carry out this section,
23 such sums as may be necessary for each of fiscal years
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24 2022 through 2026.
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1 SEC. 707. SEVERABILITY.
2 If any provision of this Act, any amendment made
3 by this Act, or the application of such provision or amend-
4 ment to any person or circumstance is held to be unconsti-
5 tutional, the remainder of the provisions of this Act, the
6 amendments made by this Act, and the application of such
7 provisions or amendments to any person or circumstance
8 shall not be affected.
9 TITLE VIII—HOMICIDE
10 REDUCTION INITIATIVES
11 SEC. 801. PROHIBITING PERSONS CONVICTED OF MIS-
12 DEMEANOR CRIMES AGAINST DATING PART-
13 NERS AND PERSONS SUBJECT TO PROTEC-
14 TION ORDERS.
15 Section 921(a) of title 18, United States Code, is
16 amended—
17 (1) in paragraph (32), by striking all that fol-
18 lows after ‘‘The term ‘intimate partner’ ’’ and insert-
19 ing the following: ‘‘—
20 ‘‘(A) means, with respect to a person, the
21 spouse of the person, a former spouse of the
22 person, an individual who is a parent of a child
23 of the person, and an individual who cohabi-
24 tates or has cohabited with the person; and
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25 ‘‘(B) includes—
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1 ‘‘(i) a dating partner or former dating
2 partner (as defined in section 2266); and
3 ‘‘(ii) any other person similarly situ-
4 ated to a spouse who is protected by the
5 domestic or family violence laws of the
6 State or Tribal jurisdiction in which the
7 injury occurred or where the victim re-
8 sides.’’;
9 (2) in paragraph (33)(A)—
10 (A) in clause (i), by inserting after ‘‘Fed-
11 eral, State,’’ the following: ‘‘municipal,’’; and
12 (B) in clause (ii), by inserting ‘‘intimate
13 partner,’’ after ‘‘spouse,’’ each place it appears;
14 (3) by redesignating paragraphs (34) and (35)
15 as paragraphs (35) and (36) respectively; and
16 (4) by inserting after paragraph (33) the fol-
17 lowing:
18 ‘‘(34)(A) The term ‘misdemeanor crime of stalking’
19 means an offense that—
20 ‘‘(i) is a misdemeanor crime of stalking under
21 Federal, State, Tribal, or municipal law; and
22 ‘‘(ii) is a course of harassment, intimidation, or
23 surveillance of another person that—
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24 ‘‘(I) places that person in reasonable fear
25 of material harm to the health or safety of—
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1 ‘‘(aa) that person;
2 ‘‘(bb) an immediate family member
3 (as defined in section 115) of that person;
4 ‘‘(cc) a household member of that per-
5 son; or
6 ‘‘(dd) a spouse or intimate partner of
7 that person; or
8 ‘‘(II) causes, attempts to cause, or would
9 reasonably be expected to cause emotional dis-
10 tress to a person described in item (aa), (bb),
11 (cc), or (dd) of subclause (I).
12 ‘‘(B) A person shall not be considered to have been
13 convicted of such an offense for purposes of this chapter,
14 unless—
15 ‘‘(i) the person was represented by counsel in
16 the case, or knowingly and intelligently waived the
17 right to counsel in the case; and
18 ‘‘(ii) in the case of a prosecution for an offense
19 described in this paragraph for which a person was
20 entitled to a jury trial in the jurisdiction in which
21 the case was tried, either—
22 ‘‘(I) the case was tried by a jury; or
23 ‘‘(II) the person knowingly and intel-
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24 ligently waived the right to have the case tried
25 by a jury, by guilty plea or otherwise.
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1 ‘‘(C) A person shall not be considered to have been
2 convicted of such an offense for purposes of this chapter
3 if the conviction has been expunged or set aside, or is an
4 offense for which the person has been pardoned or has
5 had civil rights restored (if the law of the applicable juris-
6 diction provides for the loss of civil rights under such an
7 offense) unless the pardon, expungement, or restoration
8 of civil rights expressly provides that the person may not
9 ship, transport, possess, or receive firearms.’’.
10 SEC. 802. PROHIBITING STALKERS AND INDIVIDUALS SUB-
11 JECT TO COURT ORDER FROM POSSESSING A
12 FIREARM.
13 Section 922 of title 18, United States Code, is
14 amended—
15 (1) in subsection (d)—
16 (A) in paragraph (8), by striking ‘‘that re-
17 strains such person’’ and all that follows, and
18 inserting ‘‘described in subsection (g)(8);’’;
19 (B) in paragraph (9), by striking the pe-
20 riod at the end and inserting ‘‘; or’’; and
21 (C) by inserting after paragraph (9) the
22 following:
23 ‘‘(10) who has been convicted in any court of
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24 a misdemeanor crime of stalking.’’; and
25 (2) in subsection (g)—
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1 (A) by amending paragraph (8) to read as
2 follows:
3 ‘‘(8) who is subject to a court order—
4 ‘‘(A) that was issued—
5 ‘‘(i) after a hearing of which such per-
6 son received actual notice, and at which
7 such person had an opportunity to partici-
8 pate; or
9 ‘‘(ii) in the case of an ex parte order,
10 relative to which notice and opportunity to
11 be heard are provided—
12 ‘‘(I) within the time required by
13 State, Tribal, or territorial law; and
14 ‘‘(II) in any event within a rea-
15 sonable time after the order is issued,
16 sufficient to protect the due process
17 rights of the person;
18 ‘‘(B) that restrains such person from—
19 ‘‘(i) harassing, stalking, or threat-
20 ening an intimate partner of such person
21 or child of such intimate partner or person,
22 or engaging in other conduct that would
23 place an intimate partner in reasonable
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24 fear of bodily injury to the partner or
25 child; or
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1 ‘‘(ii) intimidating or dissuading a wit-
2 ness from testifying in court; and
3 ‘‘(C) that—
4 ‘‘(i) includes a finding that such per-
5 son represents a credible threat to the
6 physical safety of such individual described
7 in subparagraph (B); or
8 ‘‘(ii) by its terms explicitly prohibits
9 the use, attempted use, or threatened use
10 of physical force against such individual
11 described in subparagraph (B) that would
12 reasonably be expected to cause bodily in-
13 jury;’’;
14 (B) in paragraph (9), by striking the
15 comma at the end and inserting ‘‘; or’’; and
16 (C) by inserting after paragraph (9) the
17 following:
18 ‘‘(10) who has been convicted in any court of
19 a misdemeanor crime of stalking,’’.
20 TITLE IX—SAFETY FOR INDIAN
21 WOMEN
22 SEC. 901. FINDINGS AND PURPOSES.
23 (a) FINDINGS.—Congress finds the following:
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24 (1) American Indians and Alaska Natives are
25 2.5 times as likely to experience violent crimes—and
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1 at least 2 times more likely to experience rape or
2 sexual assault crimes—compared to all other races.
3 (2) More than 4 in 5 American Indian and
4 Alaska Native women, or 84.3 percent, have experi-
5 enced violence in their lifetime.
6 (3) The vast majority of Native victims—96
7 percent of women and 89 percent of male victims—
8 report being victimized by a non-Indian.
9 (4) Native victims of sexual violence are three
10 times as likely to have experienced sexual violence by
11 an interracial perpetrator as non-Hispanic White
12 victims and Native stalking victims are nearly 4
13 times as likely to be stalked by someone of a dif-
14 ferent race.
15 (5) While Tribes exercising jurisdiction over
16 non-Indians have reported significant successes, the
17 inability to prosecute crimes related to the Special
18 Domestic Violence Criminal Jurisdiction crimes con-
19 tinues to leave Tribes unable to fully hold domestic
20 violence offenders accountable.
21 (6) Tribal prosecutors report that the majority
22 of domestic violence cases involve children either as
23 witnesses or victims, and Department of Justice re-
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24 ports that American Indian and Alaska Native chil-
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1 dren suffer exposure to violence at rates higher than
2 any other race in the United States.
3 (7) Childhood exposure to violence has imme-
4 diate and long-term effects, including: increased
5 rates of altered neurological development, poor phys-
6 ical and mental health, poor school performance,
7 substance abuse, and overrepresentation in the juve-
8 nile justice system.
9 (8) According to the Centers for Disease Con-
10 trol and Prevention, homicide is the third leading
11 cause of death among American Indian and Alaska
12 Native women between 10 and 24 years of age and
13 the fifth leading cause of death for American Indian
14 and Alaska Native women between 25 and 34 years
15 of age.
16 (9) On some reservations, Indian women are
17 murdered at more than 10 times the national aver-
18 age.
19 (10) According to a 2010 Government Account-
20 ability Office report, United States Attorneys de-
21 clined to prosecute nearly 52 percent of violent
22 crimes that occur in Indian country.
23 (11) Investigation into cases of missing and
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24 murdered Indian women is made difficult for Tribal
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1 law enforcement agencies due to a lack of resources,
2 such as—
3 (A) necessary training, equipment, or
4 funding;
5 (B) a lack of interagency cooperation; and
6 (C) a lack of appropriate laws in place.
7 (12) Domestic violence calls are among the
8 most dangerous calls that law enforcement receives.
9 (13) The complicated jurisdictional scheme that
10 exists in Indian country—
11 (A) has a significant negative impact on
12 the ability to provide public safety to Indian
13 communities;
14 (B) has been increasingly exploited by
15 criminals; and
16 (C) requires a high degree of commitment
17 and cooperation among Tribal, Federal, and
18 State law enforcement officials.
19 (14) Restoring and enhancing local, Tribal ca-
20 pacity to address violence against women provides
21 for greater local control, safety, accountability, and
22 transparency.
23 (15) In States with restrictive land settlement
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24 acts such as Alaska, ‘‘Indian country’’ is limited, re-
25 sources for local Tribal responses either nonexistent
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1 or insufficient to meet the needs, jurisdiction unnec-
2 essarily complicated and increases the already high
3 levels of victimization of American Indian and Alas-
4 ka Native women. According to the Tribal Law and
5 Order Act Commission Report, Alaska Native
6 women are over-represented in the domestic violence
7 victim population by 250 percent; they comprise 19
8 percent of the State population, but are 47 percent
9 of reported rape victims. And among other Indian
10 Tribes, Alaska Native women suffer the highest
11 rates of domestic and sexual violence in the country.
12 (b) PURPOSES.—The purposes of this title are—
13 (1) to clarify the responsibilities of Federal,
14 State, Tribal, and local governments with respect to
15 responding to cases of domestic violence, dating vio-
16 lence, stalking, trafficking, sexual violence, crimes
17 against children, and assault against Tribal law en-
18 forcement officers and murdered Indians;
19 (2) to increase coordination and communication
20 among Federal, State, Tribal, and local law enforce-
21 ment agencies;
22 (3) to empower Tribal governments with the re-
23 sources and information necessary to effectively re-
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24 spond to cases of domestic violence, dating violence,
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1 stalking, sex trafficking, sexual violence, and missing
2 and murdered Indians; and
3 (4) to increase the collection of data related to
4 missing and murdered Indians and the sharing of in-
5 formation among Federal, State, and Tribal officials
6 responsible for responding to and investigating cases
7 of missing and murdered Indians.
8 SEC. 902. AUTHORIZING FUNDING FOR THE TRIBAL ACCESS
9 PROGRAM.
10 (a) IN GENERAL.—Section 534 of title 28, United
11 States Code, is amended by adding at the end the fol-
12 lowing:
13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
14 is authorized to be appropriated $3,000,000 for each of
15 fiscal years 2022 through 2026, to remain available until
16 expended, for the purposes of enhancing the ability of
17 Tribal government entities to access, enter information
18 into, and obtain information from, Federal criminal infor-
19 mation databases, as authorized by this section.’’.
20 (b) INDIAN TRIBE AND INDIAN LAW ENFORCEMENT
21 INFORMATION SHARING.—Section 534 of title 28, United
22 States Code, is further amended by amending subsection
23 (d) to read as follows:
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24 ‘‘(d) INDIAN TRIBE AND INDIAN LAW ENFORCE-
25 MENT INFORMATION SHARING.—The Attorney General
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1 shall permit Tribal law enforcement entities (including en-
2 tities designated by a Tribe as maintaining public safety
3 within a Tribe’s territorial jurisdiction that has no federal
4 or state arrest authority) and Bureau of Indian Affairs
5 law enforcement agencies—
6 ‘‘(1) to access and enter information into Fed-
7 eral criminal information databases; and
8 ‘‘(2) to obtain information from the data-
9 bases.’’.
10 SEC. 903. TRIBAL JURISDICTION OVER COVERED CRIMES
11 OF DOMESTIC VIOLENCE, DATING VIOLENCE,
12 OBSTRUCTION OF JUSTICE, SEXUAL VIO-
13 LENCE, SEX TRAFFICKING, STALKING, AND
14 ASSAULT OF A LAW ENFORCEMENT OFFICER
15 OR CORRECTIONS OFFICER.
16 Section 204 of Public Law 90–284 (25 U.S.C. 1304)
17 (commonly known as the ‘‘Indian Civil Rights Act of
18 1968’’) is amended—
19 (1) in the heading, by striking ‘‘CRIMES OF
20 DOMESTIC VIOLENCE’’ and inserting ‘‘CRIMES
21 OF DOMESTIC VIOLENCE, DATING VIOLENCE,
22 OBSTRUCTION OF JUSTICE, SEXUAL VIOLENCE,
23 SEX TRAFFICKING, STALKING, AND ASSAULT
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24 OF A LAW ENFORCEMENT OR CORRECTIONS
25 OFFICER’’;
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1 (2) in subsection (a)(6), in the heading, by
2 striking ‘‘SPECIAL DOMESTIC VIOLENCE CRIMINAL
3 JURISDICTION’’ and inserting ‘‘SPECIAL TRIBAL
4 CRIMINAL JURISDICTION’’;
5 (3) by striking ‘‘special domestic violence crimi-
6 nal jurisdiction’’ each place such term appears and
7 inserting ‘‘special Tribal criminal jurisdiction’’;
8 (4) in subsection (a)—
9 (A) by adding at the end the following:
10 ‘‘(12) STALKING.—The term ‘stalking’ means
11 engaging in a course of conduct directed at a spe-
12 cific person proscribed by the criminal law of the In-
13 dian Tribe that has jurisdiction over the Indian
14 country where the violation occurs that would cause
15 a reasonable person to—
16 ‘‘(A) fear for the person’s safety or the
17 safety of others; or
18 ‘‘(B) suffer substantial emotional dis-
19 tress.’’;
20 (B) by redesignating paragraphs (6) and
21 (7) as paragraphs (10) and (11);
22 (C) by inserting before paragraph (10) (as
23 redesignated) the following:
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24 ‘‘(8) SEX TRAFFICKING.—
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1 ‘‘(A) IN GENERAL.—The term ‘sex traf-
2 ficking’ means conduct—
3 ‘‘(i) consisting of—
4 ‘‘(I) recruiting, enticing, har-
5 boring, transporting, providing, ob-
6 taining, advertising, maintaining, pa-
7 tronizing, or soliciting by any means a
8 person; or
9 ‘‘(II) benefitting, financially or
10 by receiving anything of value, from
11 participation in a venture that has en-
12 gaged in an act described in subclause
13 (I); and
14 ‘‘(ii) carried out with the knowledge,
15 or, except where the act constituting the
16 violation of clause (i) is advertising, in
17 reckless disregard of the fact, that—
18 ‘‘(I) means of force, threats of
19 force, fraud, coercion, or any combina-
20 tion of such means will be used to
21 cause the person to engage in a com-
22 mercial sex act; or
23 ‘‘(II) the person has not attained
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24 the age of 18 years and will be caused
25 to engage in a commercial sex act.
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1 ‘‘(B) DEFINITIONS.—In this paragraph,
2 the terms ‘coercion’ and ‘commercial sex act’
3 have the meanings given the terms in section
4 1591(e) of title 18, United States Code.
5 ‘‘(9) SEXUAL VIOLENCE.—The term ‘sexual vio-
6 lence’ means any nonconsensual sexual act or con-
7 tact proscribed by the criminal law of the Indian
8 Tribe that has jurisdiction over the Indian country
9 where the violation occurs, including in any case in
10 which the victim lacks the capacity to consent to the
11 act.’’;
12 (D) by redesignating paragraphs (4) and
13 (5) as paragraphs (6) and (7);
14 (E) by redesignating paragraphs (1)
15 through (3) as paragraphs (2) through (4);
16 (F) in paragraph (3) (as redesignated), to
17 read as follows:
18 ‘‘(3) DOMESTIC VIOLENCE.—The term ‘domes-
19 tic violence’ means violence—
20 ‘‘(A) committed by a current or former
21 spouse or intimate partner of the victim, by a
22 person with whom the victim shares a child in
23 common, by a person who is cohabitating with
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24 or has cohabitated with the victim as a spouse
25 or intimate partner, or by a person similarly
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1 situated to a spouse of the victim under the
2 domestic- or family- violence laws of an Indian
3 Tribe that has jurisdiction over the Indian
4 country where the violence occurs; or
5 ‘‘(B)(i) committed against a victim who is
6 a child under the age of 18, or an elder (as
7 such term is defined by Tribal law), including
8 when an offender recklessly engages in conduct
9 that creates a substantial risk of death or seri-
10 ous bodily injury to the victim, or committed as
11 described in subparagraph (A) while the child
12 or elder is present; and
13 ‘‘(ii) the child or elder—
14 ‘‘(I) resides or has resided in the
15 same household as the offender;
16 ‘‘(II) is related to the offender by
17 blood or marriage;
18 ‘‘(III) is related to another victim of
19 the offender by blood or marriage;
20 ‘‘(IV) is under the care of a victim of
21 the offender who is an intimate partner or
22 former spouse; or
23 ‘‘(V) is under the care of a victim of
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24 the offender who is similarly situated to a
25 spouse of the victim under the domestic- or
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1 family- violence laws of an Indian Tribe
2 that has jurisdiction over the Indian coun-
3 try where the violence occurs.’’;
4 (G) by inserting before paragraph (2) (as
5 redesignated), the following:
6 ‘‘(1) ASSAULT OF A LAW ENFORCEMENT OR
7 CORRECTIONAL OFFICER.—The term ‘assault of a
8 law enforcement or correctional officer’ means any
9 criminal violation of the law of the Indian Tribe that
10 has jurisdiction over the Indian country where the
11 violation occurs that involves the threatened, at-
12 tempted, or actual harmful or offensive touching of
13 a law enforcement or correctional officer.’’; and
14 (H) by inserting after paragraph (4) (as
15 redesignated), the following:
16 ‘‘(5) OBSTRUCTION OF JUSTICE.—The term
17 ‘obstruction of justice’ means any violation of the
18 criminal law of the Indian Tribe that has jurisdic-
19 tion over the Indian country where the violation oc-
20 curs, and the violation involves interfering with the
21 administration or due process of the Tribe’s laws in-
22 cluding any Tribal criminal proceeding or investiga-
23 tion of a crime.’’;
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24 (5) in subsection (b)(1), by inserting after ‘‘the
25 powers of self-government of a participating Tribe’’
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1 the following: ‘‘, including any participating Tribes
2 in the State of Maine,’’;
3 (6) in subsection (b)(4)—
4 (A) in subparagraph (A)(i), by inserting
5 after ‘‘over an alleged offense’’ the following: ‘‘,
6 other than obstruction of justice or an act of
7 assault of a law enforcement or corrections offi-
8 cer,’’; and
9 (B) in subparagraph (B)—
10 (i) in clause (ii), by striking ‘‘or’’ at
11 the end;
12 (ii) in clause (iii)(II), by striking the
13 period at the end and inserting the fol-
14 lowing: ‘‘; or’’; and
15 (iii) by adding at the end the fol-
16 lowing:
17 ‘‘(iv) is being prosecuted for a crime
18 of sexual violence, stalking, sex trafficking,
19 obstructing justice, or assaulting a police
20 or corrections officer under the laws of the
21 prosecuting Tribe.’’;
22 (7) in subsection (c)—
23 (A) in the matter preceding paragraph (1),
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24 by striking ‘‘domestic violence’’ and inserting
25 ‘‘Tribal’’; and
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1 (B) in paragraph (1)—
2 (i) in the paragraph heading, by strik-
3 ing ‘‘AND DATING VIOLENCE’’ and insert-
4 ing ‘‘, DATING VIOLENCE, OBSTRUCTION
5 OF JUSTICE, SEXUAL VIOLENCE, STALK-
6 ING, SEX TRAFFICKING, OR ASSAULT OF A
7 LAW ENFORCEMENT OR CORRECTIONS OF-
8 FICER’’; and
9 (ii) by striking ‘‘or dating violence’’
10 and inserting ‘‘, dating violence, obstruc-
11 tion of justice, sexual violence, stalking,
12 sex trafficking, or assault of a law enforce-
13 ment or corrections officer’’;
14 (8) in subsection (d), by striking ‘‘domestic vio-
15 lence’’ each place it appears and inserting ‘‘Tribal’’;
16 (9) by striking subsections (f), (g), and (h) and
17 inserting the following:
18 ‘‘(f) GRANTS AND REIMBURSEMENT TO TRIBAL GOV-
19 ERNMENTS.—
20 ‘‘(1) REIMBURSEMENT.—
21 ‘‘(A) IN GENERAL.—The Attorney General
22 is authorized to reimburse Tribal government
23 authorities for expenses incurred in exercising
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24 special Tribal criminal jurisdiction.
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1 ‘‘(B) ELIGIBLE EXPENSES.—Eligible ex-
2 penses for reimbursement shall include—
3 ‘‘(i) expenses incurred to arrest or
4 prosecute offenders and to detain inmates
5 (including costs associated with providing
6 health care);
7 ‘‘(ii) expenses related to indigent de-
8 fense services; and
9 ‘‘(iii) costs associated with probation
10 and rehabilitation services.
11 ‘‘(C) PROCEDURE.—Reimbursements au-
12 thorized pursuant to this section shall be in ac-
13 cordance with rules promulgated by the Attor-
14 ney General after consultation with Indian
15 Tribes and within 1 year after the date of en-
16 actment of this Act. The rules promulgated by
17 the Department shall set a maximum allowable
18 reimbursement to any Tribal government in a
19 1-year period.
20 ‘‘(2) GRANTS.—The Attorney General may
21 award grants to the governments of Indian Tribes
22 (or to authorized designees of those governments)—
23 ‘‘(A) to strengthen Tribal criminal justice
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24 systems to assist Indian Tribes in exercising
25 special Tribal criminal jurisdiction, including—
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1 ‘‘(i) law enforcement (including the
2 capacity of law enforcement, court per-
3 sonnel, or other non-law enforcement enti-
4 ties that have no Federal or State arrest
5 authority agencies but have been des-
6 ignated by a Tribe as responsible for main-
7 taining public safety within its territorial
8 jurisdiction, to enter information into and
9 obtain information from national crime in-
10 formation databases);
11 ‘‘(ii) prosecution;
12 ‘‘(iii) trial and appellate courts (in-
13 cluding facilities construction);
14 ‘‘(iv) probation systems;
15 ‘‘(v) detention and correctional facili-
16 ties (including facilities construction);
17 ‘‘(vi) alternative rehabilitation centers;
18 ‘‘(vii) culturally appropriate services
19 and assistance for victims and their fami-
20 lies; and
21 ‘‘(viii) criminal codes and rules of
22 criminal procedure, appellate procedure,
23 and evidence;
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24 ‘‘(B) to provide indigent criminal defend-
25 ants with the effective assistance of licensed de-
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1 fense counsel, at no cost to the defendant, in
2 criminal proceedings in which a participating
3 Tribe prosecutes—
4 ‘‘(i) a crime of domestic violence;
5 ‘‘(ii) a crime of dating violence;
6 ‘‘(iii) a criminal violation of a protec-
7 tion order;
8 ‘‘(iv) a crime of sexual violence;
9 ‘‘(v) a crime of stalking;
10 ‘‘(vi) a crime of sex trafficking;
11 ‘‘(vii) a crime of obstruction of justice;
12 or
13 ‘‘(viii) a crime of assault of a law en-
14 forcement or correctional officer;
15 ‘‘(C) to ensure that, in criminal pro-
16 ceedings in which a participating Tribe exer-
17 cises special Tribal criminal jurisdiction, jurors
18 are summoned, selected, and instructed in a
19 manner consistent with all applicable require-
20 ments;
21 ‘‘(D) to accord victims of domestic vio-
22 lence, dating violence, sexual violence, stalking,
23 sex trafficking, obstruction of justice, assault of
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24 a law enforcement or correctional officer, and
25 violations of protection orders rights that are
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1 similar to the rights of a crime victim described
2 in section 3771(a) of title 18, consistent with
3 Tribal law and custom; and
4 ‘‘(E) to create a pilot project to allow up
5 to five Indian Tribes in Alaska to implement
6 special Tribal criminal jurisdiction.
7 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts
8 made available under this section shall supplement and
9 not supplant any other Federal, State, Tribal, or local gov-
10 ernment amounts made available to carry out activities de-
11 scribed in this section.
12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
13 are authorized to be appropriated $7,000,000 for each of
14 fiscal years 2022 through 2026 to carry out subsection
15 (f) and to provide training, technical assistance, data col-
16 lection, and evaluation of the criminal justice systems of
17 participating Tribes.
18 ‘‘(i) USE OF FUNDS.—Not less than 25 percent of
19 the total amount of funds appropriated under this section
20 in a given year shall be used for each of the purposes de-
21 scribed in paragraphs (1) and (2) of subsection (f), with
22 remaining funds available to be distributed for either of
23 the purposes described in paragraph (1) or (2) of sub-
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24 section (f), or any combination of such purposes, depend-
25 ing on need and in consultation with Indian Tribes.’’;
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1 (10) by inserting after subsection (i) the fol-
2 lowing:
3 ‘‘(j) INDIAN COUNTRY DEFINED.—For purposes of
4 the pilot project described in subsection (f)(5), the defini-
5 tion of ‘Indian country’ shall include—
6 ‘‘(1) Alaska Native-owned Townsites, Allot-
7 ments, and former reservation lands acquired in fee
8 by Alaska Native Village Corporations pursuant to
9 the Alaska Native Claims Settlement Act (43 U.S.C.
10 33) and other lands transferred in fee to Native vil-
11 lages; and
12 ‘‘(2) all lands within any Alaska Native village
13 with a population that is at least 75 percent Alaska
14 Native.’’.
15 SEC. 904. ANNUAL REPORTING REQUIREMENTS.
16 Beginning in the first fiscal year after the date of
17 enactment of this title, and annually thereafter, the Attor-
18 ney General and the Secretary of the Interior shall jointly
19 prepare and submit a report, to the Committee on Indian
20 Affairs and the Committee on the Judiciary of the Senate
21 and the Committee on Natural Resources and the Com-
22 mittee on the Judiciary of the House of Representatives,
23 that—
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24 (1) includes known statistics on missing and
25 murdered Indian women in the United States, in-
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1 cluding statistics relating to incidents of sexual
2 abuse or sexual assault suffered by the victims; and
3 (2) provides recommendations regarding how to
4 improve data collection on missing and murdered In-
5 dian women.
6 SEC. 905. REPORT ON THE RESPONSE OF LAW ENFORCE-
7 MENT AGENCIES TO REPORTS OF MISSING
8 OR MURDERED INDIANS.
9 (a) DEFINITIONS.—In this section:
10 (1) COVERED DATABASE.—The term ‘‘covered
11 database’’ means—
12 (A) the database of the National Crime In-
13 formation Center;
14 (B) the Combined DNA Index System;
15 (C) the Next Generation Identification
16 System; and
17 (D) any other database or system of a law
18 enforcement agency under which a report of a
19 missing or murdered Indian may be submitted,
20 including—
21 (i) the Violent Criminal Apprehension
22 Program; or
23 (ii) the National Missing and Uniden-
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24 tified Persons System.
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1 (2) INDIAN.—The term ‘‘Indian’’ has the mean-
2 ing given the term in section 4 of the Indian Self-
3 Determination and Education Assistance Act (25
4 U.S.C. 5304).
5 (3) INDIAN COUNTRY.—The term ‘‘Indian coun-
6 try’’ has the meaning given the term in section 1151
7 of title 18, United States Code.
8 (4) LAW ENFORCEMENT AGENCY.—The term
9 ‘‘law enforcement agency’’ means a Federal, State,
10 local, or Tribal law enforcement agency.
11 (5) MISSING OR MURDERED INDIAN.—The term
12 ‘‘missing or murdered Indian’’ means any Indian
13 who is—
14 (A) reported missing in Indian country or
15 any other location; or
16 (B) murdered in Indian country or any
17 other location.
18 (6) NOTIFICATION SYSTEM.—The term ‘‘notifi-
19 cation system’’ means—
20 (A) the Criminal Justice Information Net-
21 work;
22 (B) the AMBER Alert communications
23 network established under subtitle A of title III
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24 of the PROTECT Act (34 U.S.C. 20501 et
25 seq.); and
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1 (C) any other system or public notification
2 system that relates to a report of a missing or
3 murdered Indian, including any State, local, or
4 Tribal notification system.
5 (b) REPORT.—Not later than 1 year after the date
6 of enactment of this section, the Comptroller General of
7 the United States shall submit to the Committee on Indian
8 Affairs of the Senate and the Committee on Natural Re-
9 sources of the House of Representatives a comprehensive
10 report that includes—
11 (1) a review of—
12 (A) each law enforcement agency that has
13 jurisdiction over missing or murdered Indians
14 and the basis for that jurisdiction;
15 (B) the response procedures, with respect
16 to a report of a missing or murdered Indian,
17 of—
18 (i) the Federal Bureau of Investiga-
19 tion;
20 (ii) the Bureau of Indian Affairs; and
21 (iii) any other Federal law enforce-
22 ment agency responsible for responding to
23 or investigating a report of a missing or
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24 murdered Indian;
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1 (C) each covered database and notification
2 system;
3 (D) Federal interagency cooperation and
4 notification policies and procedures related to
5 missing or murdered Indians;
6 (E) the requirements of each Federal law
7 enforcement agency relating to notifying State,
8 local, or Tribal law enforcement agencies after
9 the Federal law enforcement agency receives a
10 report of a missing or murdered Indian; and
11 (F) the public notification requirements of
12 law enforcement agencies relating to missing or
13 murdered Indians;
14 (2) recommendations and best practices relating
15 to improving cooperation between and response poli-
16 cies of law enforcement agencies relating to missing
17 and murdered Indians; and
18 (3) recommendations relating to—
19 (A) improving how—
20 (i) covered databases address in-
21 stances of missing or murdered Indians,
22 including by improving access to, inte-
23 grating, and improving the sharing of in-
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24 formation between covered databases; and
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1 (ii) notification systems address in-
2 stances of missing or murdered Indians,
3 including by improving access to, inte-
4 grating, and improving the sharing of in-
5 formation between notification systems;
6 (B) social, educational, economic, and any
7 other factor that may contribute to an Indian
8 becoming a missing or murdered Indian; and
9 (C) legislation to reduce the likelihood that
10 an Indian may become a missing or murdered
11 Indian.
12 TITLE X—OFFICE ON VIOLENCE
13 AGAINST WOMEN
14 SEC. 1001. ESTABLISHMENT OF OFFICE ON VIOLENCE
15 AGAINST WOMEN.
16 (a) ESTABLISHMENT OF OFFICE ON VIOLENCE
17 AGAINST WOMEN.—Section 2002 of title I of the Omnibus
18 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
19 10442) is amended—
20 (1) in subsection (a), by striking ‘‘a Violence
21 Against Women Office’’ and inserting ‘‘an Office on
22 Violence Against Women’’;
23 (2) in subsection (b), by inserting after ‘‘within
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24 the Department of Justice’’ the following: ‘‘, not
25 subsumed by any other office’’; and
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1 (3) in subsection (c)(2), by striking ‘‘Violence
2 Against Women Act of 1994 (title VI of Public Law
3 103–322) and the Violence Against Women Act of
4 2000 (division B of Public Law 106–386)’’ and in-
5 serting ‘‘Violence Against Women Act of 1994 (title
6 VII of Public Law 103–322), the Violence Against
7 Women Act of 2000 (division B of Public Law 106–
8 386), the Violence Against Women and Department
9 of Justice Reauthorization Act of 2005 (title IX of
10 Public Law 109–162; 119 Stat. 3080), the Violence
11 Against Women Reauthorization Act of 2013 (Public
12 Law 113–4; 127 Stat. 54), and the Violence Against
13 Women Reauthorization Act of 2021’’.
14 (b) DIRECTOR OF THE OFFICE ON VIOLENCE
15 AGAINST WOMEN.—Section 2003 of the Omnibus Crime
16 Control and Safe Streets Act of 1968 (34 U.S.C. 10443)
17 is amended to read as follows:
18 ‘‘SEC. 2003. DIRECTOR OF THE OFFICE ON VIOLENCE
19 AGAINST WOMEN.
20 ‘‘(a) APPOINTMENT.—The President, by and with the
21 advice and consent of the Senate, shall appoint a Director
22 for the Office on Violence Against Women (in this title
23 referred to as the ‘Director’) to be responsible, under the
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24 general authority of the Attorney General, for the admin-
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1 istration, coordination, and implementation of the pro-
2 grams and activities of the Office.
3 ‘‘(b) OTHER EMPLOYMENT.—The Director shall
4 not—
5 ‘‘(1) engage in any employment other than that
6 of serving as Director; or
7 ‘‘(2) hold any office in, or act in any capacity
8 for, any organization, agency, or institution with
9 which the Office makes any contract or other agree-
10 ment under the Violence Against Women Act of
11 1994 (title IV of Public Law 103–322), the Violence
12 Against Women Act of 2000 (division B of Public
13 Law 106–386), the Violence Against Women and
14 Department of Justice Reauthorization Act of 2005
15 (title IX of Public Law 109–162; 119 Stat. 3080),
16 the Violence Against Women Reauthorization Act of
17 2013 (Public Law 113–4; 127 Stat. 54), or the Vio-
18 lence Against Women Reauthorization Act of 2021.
19 ‘‘(c) VACANCY.—In the case of a vacancy, the Presi-
20 dent may designate an officer or employee who shall act
21 as Director during the vacancy.
22 ‘‘(d) COMPENSATION.—The Director shall be com-
23 pensated at a rate of pay not to exceed the rate payable
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24 for level V of the Executive Schedule under section 5316
25 of title 5, United States Code.’’.
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1 (c) DUTIES AND FUNCTIONS OF DIRECTOR OF THE
2 OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2004
3 of the Omnibus Crime Control and Safe Streets Act of
4 1968 (34 U.S.C. 10444) is amended to read as follows:
5 ‘‘SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF THE
6 OFFICE ON VIOLENCE AGAINST WOMEN.
7 ‘‘The Director shall have the following duties:
8 ‘‘(1) Maintaining liaison with the judicial
9 branches of the Federal and State Governments on
10 matters relating to violence against women.
11 ‘‘(2) Providing information to the President,
12 the Congress, the judiciary, State, local, and Tribal
13 governments, and the general public on matters re-
14 lating to violence against women.
15 ‘‘(3) Serving, at the request of the Attorney
16 General, as the representative of the Department of
17 Justice on domestic task forces, committees, or com-
18 missions addressing policy or issues relating to vio-
19 lence against women.
20 ‘‘(4) Serving, at the request of the President,
21 acting through the Attorney General, as the rep-
22 resentative of the United States Government on
23 human rights and economic justice matters related
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24 to violence against women in international fora, in-
25 cluding, but not limited to, the United Nations.
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1 ‘‘(5) Carrying out the functions of the Depart-
2 ment of Justice under the Violence Against Women
3 Act of 1994 (title IV of Public Law 103–322), the
4 Violence Against Women Act of 2000 (division B of
5 Public Law 106–386), the Violence Against Women
6 and Department of Justice Reauthorization Act of
7 2005 (title IX of Public Law 109–162; 119 Stat.
8 3080), the Violence Against Women Reauthorization
9 Act of 2013 (Public Law 113–4; 127 Stat. 54), and
10 the Violence Against Women Reauthorization Act of
11 2021, including with respect to those functions—
12 ‘‘(A) the development of policy, protocols,
13 and guidelines;
14 ‘‘(B) the development and management of
15 grant programs and other programs, and the
16 provision of technical assistance under such
17 programs; and
18 ‘‘(C) the awarding and termination of
19 grants, cooperative agreements, and contracts.
20 ‘‘(6) Providing technical assistance, coordina-
21 tion, and support to—
22 ‘‘(A) other components of the Department
23 of Justice, in efforts to develop policy and to
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24 enforce Federal laws relating to violence against
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1 women, including the litigation of civil and
2 criminal actions relating to enforcing such laws;
3 ‘‘(B) other Federal, State, local, and Trib-
4 al agencies, in efforts to develop policy, provide
5 technical assistance, synchronize federal defini-
6 tions and protocols, and improve coordination
7 among agencies carrying out efforts to elimi-
8 nate violence against women, including Indian
9 or indigenous women; and
10 ‘‘(C) grantees, in efforts to combat violence
11 against women and to provide support and as-
12 sistance to victims of such violence.
13 ‘‘(7) Exercising such other powers and func-
14 tions as may be vested in the Director pursuant to
15 this subchapter or by delegation of the Attorney
16 General.
17 ‘‘(8) Establishing such rules, regulations, guide-
18 lines, and procedures as are necessary to carry out
19 any function of the Office.’’.
20 (d) STAFF OF OFFICE ON VIOLENCE AGAINST
21 WOMEN.—Section 2005 of the Omnibus Crime Control
22 and Safe Streets Act of 1968 (34 U.S.C. 10445) is amend-
23 ed in the heading, by striking ‘‘VIOLENCE AGAINST
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24 WOMEN OFFICE’’ and inserting ‘‘OFFICE ON VIO-
25 LENCE AGAINST WOMEN’’.
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1 (e) CLERICAL AMENDMENT.—Section 121(a)(1) of
2 the Violence Against Women and Department of Justice
3 Reauthorization Act of 2005 (34 U.S.C. 20124(a)(1)) is
4 amended by striking ‘‘the Violence Against Women Of-
5 fice’’ and inserting ‘‘the Office on Violence Against
6 Women’’.
7 SEC. 1002. OFFICE ON VIOLENCE AGAINST WOMEN A DEP-
8 UTY DIRECTOR FOR CULTURALLY SPECIFIC
9 COMMUNITIES.
10 Part T of the Omnibus Crime Control and Safe
11 Streets Act (34 U.S.C. 10441 et seq.) is amended by in-
12 serting after section 2004 the following:
13 ‘‘SEC. 2004A. DEPUTY DIRECTOR FOR CULTURALLY SPE-
14 CIFIC COMMUNITIES.
15 ‘‘(a) ESTABLISHMENT.—There is established in the
16 Office on Violence Against Women a Deputy Director for
17 Culturally Specific Communities.
18 ‘‘(b) DUTIES.—The Deputy Director shall, under the
19 guidance and authority of the Director of the Office on
20 Violence Against Women—
21 ‘‘(1) oversee the administration of grants re-
22 lated to culturally specific services and contracts
23 with culturally specific organizations;
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24 ‘‘(2) coordinate development of Federal policy,
25 protocols, and guidelines on matters relating to do-
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1 mestic violence, dating violence, sexual assault, and
2 stalking, in culturally specific communities;
3 ‘‘(3) advise the Director of the Office on Vio-
4 lence Against Women concerning policies, legislation,
5 implementation of laws, and other issues relating to
6 domestic violence, dating violence, sexual assault,
7 and stalking in culturally specific communities;
8 ‘‘(4) provide technical assistance, coordination,
9 and support to other offices and bureaus in the De-
10 partment of Justice to develop policy and to enforce
11 Federal laws relating to domestic violence, dating vi-
12 olence, sexual assault, and stalking in culturally spe-
13 cific communities;
14 ‘‘(5) ensure that appropriate technical assist-
15 ance, developed and provided by entities having ex-
16 pertise in culturally specific is made available to
17 grantees and potential grantees proposing to serve
18 culturally specific communities; and
19 ‘‘(6) ensure access to grants and technical as-
20 sistance for culturally specific organizations and
21 analyze the distribution of funding in order to iden-
22 tify barriers for culturally specific organizations.’’.
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1 TITLE XI—IMPROVING CONDI-
2 TIONS FOR WOMEN IN FED-
3 ERAL CUSTODY
4 SEC. 1101. IMPROVING THE TREATMENT OF PRIMARY
5 CARETAKER PARENTS AND OTHER INDIVID-
6 UALS IN FEDERAL PRISONS.
7 (a) SHORT TITLE.—This section may be cited as the
8 ‘‘Ramona Brant Improvement of Conditions for Women
9 in Federal Custody Act’’.
10 (b) IN GENERAL.—Chapter 303 of title 18, United
11 States Code, is amended by adding at the end the fol-
12 lowing:
13 ‘‘§ 4051. Treatment of primary caretaker parents and
14 other individuals
15 ‘‘(a) DEFINITIONS.—In this section—
16 ‘‘(1) the term ‘correctional officer’ means a cor-
17 rectional officer of the Bureau of Prisons;
18 ‘‘(2) the term ‘covered institution’ means a
19 Federal penal or correctional institution;
20 ‘‘(3) the term ‘Director’ means the Director of
21 the Bureau of Prisons;
22 ‘‘(4) the term ‘post-partum recovery’ means the
23 first 8-week period of post-partum recovery after
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24 giving birth;
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1 ‘‘(5) the term ‘primary caretaker parent’ has
2 the meaning given the term in section 31903 of the
3 Family Unity Demonstration Project Act (34 U.S.C.
4 12242);
5 ‘‘(6) the term ‘prisoner’ means an individual
6 who is incarcerated in a Federal penal or correc-
7 tional institution, including a vulnerable person; and
8 ‘‘(7) the term ‘vulnerable person’ means an in-
9 dividual who—
10 ‘‘(A) is under 21 years of age or over 60
11 years of age;
12 ‘‘(B) is pregnant;
13 ‘‘(C) identifies as lesbian, gay, bisexual,
14 transgender, or intersex;
15 ‘‘(D) is victim or witness of a crime;
16 ‘‘(E) has filed a nonfrivolous civil rights
17 claim in Federal or State court;
18 ‘‘(F) has a serious mental or physical ill-
19 ness or disability; or
20 ‘‘(G) during the period of incarceration,
21 has been determined to have experienced or to
22 be experiencing severe trauma or to be the vic-
23 tim of gender-based violence—
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24 ‘‘(i) by any court or administrative ju-
25 dicial proceeding;
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1 ‘‘(ii) by any corrections official;
2 ‘‘(iii) by the individual’s attorney or
3 legal service provider; or
4 ‘‘(iv) by the individual.
5 ‘‘(b) GEOGRAPHIC PLACEMENT.—
6 ‘‘(1) ESTABLISHMENT OF OFFICE.—The Direc-
7 tor shall establish within the Bureau of Prisons an
8 office that determines the placement of prisoners.
9 ‘‘(2) PLACEMENT OF PRISONERS.—In deter-
10 mining the placement of a prisoner, the office estab-
11 lished under paragraph (1) shall—
12 ‘‘(A) if the prisoner has children, place the
13 prisoner as close to the children as possible;
14 ‘‘(B) in deciding whether to assign a
15 transgender or intersex prisoner to a facility for
16 male or female prisoners, and in making other
17 housing and programming assignments, con-
18 sider on a case-by-case basis whether a place-
19 ment would ensure the prisoner’s health and
20 safety, including serious consideration of the
21 prisoner’s own views with respect to their safe-
22 ty, and whether the placement would present
23 management or security problems; and
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24 ‘‘(C) consider any other factor that the of-
25 fice determines to be appropriate.
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1 ‘‘(c) PROHIBITION ON PLACEMENT OF PREGNANT
2 PRISONERS OR PRISONERS IN POST-PARTUM RECOVERY
3 IN SEGREGATED HOUSING UNITS.—
4 ‘‘(1) PLACEMENT IN SEGREGATED HOUSING
5 UNITS.—A covered institution may not place a pris-
6 oner who is pregnant or in post-partum recovery in
7 a segregated housing unit unless the prisoner pre-
8 sents an immediate risk of harm to the prisoner or
9 others.
10 ‘‘(2) RESTRICTIONS.—Any placement of a pris-
11 oner described in subparagraph (A) in a segregated
12 housing unit shall be limited and temporary.
13 ‘‘(d) PARENTING CLASSES.—The Director shall pro-
14 vide parenting classes to each prisoner who is a primary
15 caretaker parent, and such classes shall be made available
16 to prisoners with limited English proficiency in compliance
17 with title VI of the Civil Rights Act of 1964.
18 ‘‘(e) TRAUMA SCREENING.—The Director shall pro-
19 vide training, including cultural competency training, to
20 each correctional officer and each employee of the Bureau
21 of Prisons who regularly interacts with prisoners, includ-
22 ing each instructor and health care professional, to enable
23 those correctional officers and employees to—
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1 ‘‘(1) identify a prisoner who has a mental or
2 physical health need relating to trauma the prisoner
3 has experienced; and
4 ‘‘(2) refer a prisoner described in paragraph (1)
5 to the proper healthcare professional for treatment.
6 ‘‘(f) INMATE HEALTH.—
7 ‘‘(1) HEALTH CARE ACCESS.—The Director
8 shall ensure that all prisoners receive adequate
9 health care.
10 ‘‘(2) HYGIENIC PRODUCTS.—The Director shall
11 make essential hygienic products, including sham-
12 poo, toothpaste, toothbrushes, and any other hygien-
13 ic product that the Director determines appropriate,
14 available without charge to prisoners.
15 ‘‘(3) GYNECOLOGIST ACCESS.—The Director
16 shall ensure that all prisoners have access to a gyne-
17 cologist as appropriate.
18 ‘‘(g) USE OF SEX-APPROPRIATE CORRECTIONAL OF-
19 FICERS.—
20 ‘‘(1) REGULATIONS.—The Director shall make
21 rules under which—
22 ‘‘(A) a correctional officer may not conduct
23 a strip search of a prisoner of the opposite sex
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24 unless—
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1 ‘‘(i) the prisoner presents a risk of
2 immediate harm to the prisoner or others,
3 and no other correctional officer of the
4 same sex as the prisoner, or medical staff
5 is available to assist; or
6 ‘‘(ii) the prisoner has previously re-
7 quested that an officer of a different sex
8 conduct searches;
9 ‘‘(B) a correctional officer may not enter a
10 restroom reserved for prisoners of the opposite
11 sex unless—
12 ‘‘(i) a prisoner in the restroom pre-
13 sents a risk of immediate harm to them-
14 selves or others; or
15 ‘‘(ii) there is a medical emergency in
16 the restroom and no other correctional offi-
17 cer of the appropriate sex is available to
18 assist;
19 ‘‘(C) a transgender prisoner’s sex is deter-
20 mined according to the sex with which they
21 identify; and
22 ‘‘(D) a correctional officer may not search
23 or physically examine a prisoner for the sole
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24 purpose of determining the prisoner’s genital
25 status or sex.
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1 ‘‘(2) RELATION TO OTHER LAWS.—Nothing in
2 paragraph (1) shall be construed to affect the re-
3 quirements under the Prison Rape Elimination Act
4 of 2003 (42 U.S.C. 15601 et seq.).’’.
5 (c) SUBSTANCE ABUSE TREATMENT.—Section
6 3621(e) of title 18, United States Code, is amended by
7 adding at the end the following:
8 ‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER
9 PARENTS AND PREGNANT WOMEN.—The Director of
10 the Bureau of Prisons may not prohibit an eligible
11 prisoner who is a primary caretaker parent (as de-
12 fined in section 4051) or pregnant from partici-
13 pating in a program of residential substance abuse
14 treatment provided under paragraph (1) on the basis
15 of a failure by the eligible prisoner, before being
16 committed to the custody of the Bureau of Prisons,
17 to disclose to any official of the Bureau of Prisons
18 that the prisoner had a substance abuse problem on
19 or before the date on which the eligible prisoner was
20 committed to the custody of the Bureau of Pris-
21 ons.’’.
22 (d) IMPLEMENTATION DATE.—
23 (1) IN GENERAL.—Not later than 2 years after
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24 the date of enactment of this Act, the Director of
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1 the Bureau of Prisons shall implement this section
2 and the amendments made by this section.
3 (2) REPORT.—Not later than 1 year after the
4 date of enactment of this Act, the Director of the
5 Bureau of Prisons shall submit to the Committee on
6 the Judiciary of the Senate and the Committee on
7 the Judiciary of the House of Representatives a re-
8 port on the implementation of this section and the
9 amendments made by this section.
10 (e) TECHNICAL AND CONFORMING AMENDMENT.—
11 The table of sections for chapter 303 of title 18, United
12 States Code, is amended by adding at the end the fol-
13 lowing:
‘‘4051. Treatment of primary caretaker parents and other individuals.’’.
14 SEC. 1102. PUBLIC HEALTH AND SAFETY OF WOMEN.
15 (a) SHORT TITLE.—This section may be cited as the
16 ‘‘Stop Infant Mortality And Recidivism Reduction Act’’ or
17 the ‘‘SIMARRA Act’’.
18 (b) ESTABLISHMENT.—Not later than 270 days after
19 the date of the enactment of this section, the Director of
20 the Federal Bureau of Prisons (in this section referred
21 to as the ‘‘Director’’) shall establish a pilot program (in
22 this section referred to as the ‘‘Program’’) in accordance
23 with this section to permit women incarcerated in Federal
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24 prisons and the children born to such women during incar-
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1 ceration to reside together while the inmate serves a term
2 of imprisonment in a separate housing wing of the prison.
3 (c) PURPOSES.—The purposes of this section are
4 to—
5 (1) prevent infant mortality among infants born
6 to incarcerated mothers and greatly reduce the trau-
7 ma and stress experienced by the unborn fetuses of
8 pregnant inmates;
9 (2) reduce the recidivism rates of federally in-
10 carcerated women and mothers, and enhance public
11 safety by improving the effectiveness of the Federal
12 prison system for women as a population with spe-
13 cial needs;
14 (3) establish female offender risk and needs as-
15 sessment as the cornerstones of a more effective and
16 efficient Federal prison system;
17 (4) implement a validated post-sentencing risk
18 and needs assessment system that relies on dynamic
19 risk factors to provide Federal prison officials with
20 a roadmap to address the pre- and post-natal needs
21 of Federal pregnant offenders, manage limited re-
22 sources, and enhance public safety;
23 (5) perform regular outcome evaluations of the
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24 effectiveness of programs and interventions for fed-
25 erally incarcerated pregnant women and mothers to
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1 assure that such programs and interventions are evi-
2 dence-based and to suggest changes, deletions, and
3 expansions based on the results of such evaluations;
4 and
5 (6) assist the Department of Justice to address
6 the underlying cost structure of the Federal prison
7 system and ensure that the Department can con-
8 tinue to run prison nurseries safely and securely
9 without compromising the scope or quality of the
10 Department’s critical health, safety and law enforce-
11 ment missions.
12 (d) DUTIES OF THE DIRECTOR OF BUREAU OF PRIS-
13 ONS.—
14 (1) IN GENERAL.—The Director shall carry out
15 this section in consultation with—
16 (A) a licensed and board-certified gyne-
17 cologist or obstetrician;
18 (B) the Director of the Administrative Of-
19 fice of the United States Courts;
20 (C) the Director of the Office of Probation
21 and Pretrial Services;
22 (D) the Director of the National Institute
23 of Justice; and
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24 (E) the Secretary of Health and Human
25 Services.
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1 (2) DUTIES.—The Director shall, in accordance
2 with paragraph (3)—
3 (A) develop an offender risk and needs as-
4 sessment system particular to the health and
5 sensitivities of Federally incarcerated pregnant
6 women and mothers in accordance with this
7 subsection;
8 (B) develop recommendations regarding re-
9 cidivism reduction programs and productive ac-
10 tivities in accordance with subsection (c);
11 (C) conduct ongoing research and data
12 analysis on—
13 (i) the best practices relating to the
14 use of offender risk and needs assessment
15 tools particular to the health and sensitivi-
16 ties of federally incarcerated pregnant
17 women and mothers;
18 (ii) the best available risk and needs
19 assessment tools particular to the health
20 and sensitivities of Federally incarcerated
21 pregnant women and mothers and the level
22 to which they rely on dynamic risk factors
23 that could be addressed and changed over
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24 time, and on measures of risk of recidi-
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1 vism, individual needs, and responsiveness
2 to recidivism reduction programs;
3 (iii) the most effective and efficient
4 uses of such tools in conjunction with re-
5 cidivism reduction programs, productive
6 activities, incentives, and rewards; and
7 (iv) which recidivism reduction pro-
8 grams are the most effective—
9 (I) for Federally incarcerated
10 pregnant women and mothers classi-
11 fied at different recidivism risk levels;
12 and
13 (II) for addressing the specific
14 needs of Federally incarcerated preg-
15 nant women and mothers;
16 (D) on a biennial basis, review the system
17 developed under subparagraph (A) and the rec-
18 ommendations developed under subparagraph
19 (B), using the research conducted under sub-
20 paragraph (C), to determine whether any revi-
21 sions or updates should be made, and if so,
22 make such revisions or updates;
23 (E) hold periodic meetings with the indi-
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24 viduals listed in paragraph (1) at intervals to be
25 determined by the Director;
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1 (F) develop tools to communicate par-
2 enting program availability and eligibility cri-
3 teria to each employee of the Bureau of Prisons
4 and each pregnant inmate to ensure that each
5 pregnant inmate in the custody of a Bureau of
6 Prisons facility understands the resources avail-
7 able to such inmate; and
8 (G) report to Congress in accordance with
9 subsection (i).
10 (3) METHODS.—In carrying out the duties
11 under paragraph (2), the Director shall—
12 (A) consult relevant stakeholders; and
13 (B) make decisions using data that is
14 based on the best available statistical and em-
15 pirical evidence.
16 (e) ELIGIBILITY.—An inmate may apply to partici-
17 pate in the Program if the inmate—
18 (1) is pregnant at the beginning of or during
19 the term of imprisonment; and
20 (2) is in the custody or control of the Federal
21 Bureau of Prisons.
22 (f) PROGRAM TERMS.—
23 (1) TERM OF PARTICIPATION.—To correspond
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24 with the purposes and goals of the Program to pro-
25 mote bonding during the critical stages of child de-
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1 velopment, an eligible inmate selected for the Pro-
2 gram may participate in the Program, subject to
3 subsection (g), until the earliest of—
4 (A) the date that the inmate’s term of im-
5 prisonment terminates;
6 (B) the date the infant fails to meet any
7 medical criteria established by the Director or
8 the Director’s designee along with a collective
9 determination of the persons listed in sub-
10 section (d)(1); or
11 (C) 30 months.
12 (2) INMATE REQUIREMENTS.—For the duration
13 of an inmate’s participation in the Program, the in-
14 mate shall agree to—
15 (A) take substantive steps towards acting
16 in the role of a parent or guardian to any child
17 of that inmate;
18 (B) participate in any educational or coun-
19 seling opportunities established by the Director,
20 including topics such as child development, par-
21 enting skills, domestic violence, vocational train-
22 ing, or substance abuse, as appropriate;
23 (C) abide by any court decision regarding
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24 the legal or physical custody of the child;
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1 (D) transfer to the Federal Bureau of
2 Prisons any child support payments for the in-
3 fant of the participating inmate from any per-
4 son or governmental entity; and
5 (E) specify a person who has agreed to
6 take at least temporary custody of the child if
7 the inmate’s participation in the Program ter-
8 minates before the inmate’s release.
9 (g) CONTINUITY OF CARE.—The Director shall take
10 appropriate actions to prevent detachment or disruption
11 of either an inmate’s or infant’s health and bonding-based
12 well-being due to termination of the Program.
13 (h) REPORTING.—
14 (1) IN GENERAL.—Not later than 6 months
15 after the date of the enactment of this section and
16 once each year thereafter for 5 years, the Director
17 shall submit a report to the Congress with regards
18 to progress in implementing the Program.
19 (2) FINAL REPORT.—Not later than 6 months
20 after the termination of the Program, the Director
21 shall issue a final report to the Congress that con-
22 tains a detailed statement of the Director’s findings
23 and conclusions, including recommendations for leg-
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24 islation, administrative actions, and regulations the
25 Director considers appropriate.
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—To carry
2 out this section, there is authorized to be appropriated
3 $10,000,000 for each of fiscal years 2022 through 2026.
4 SEC. 1103. RESEARCH AND REPORT ON WOMEN IN FED-
5 ERAL INCARCERATION.
6 Not later than 18 months after the date of enactment
7 of this Act, and thereafter, every other year, the National
8 Institutes of Justice, in consultation with the Bureau of
9 Justice Statistics and the Bureau of Prisons (including
10 the Women and Special Population Branch) shall prepare
11 a report on the status of women in federal incarceration.
12 Depending on the topic to be addressed, and the facility,
13 data shall be collected from Bureau of Prisons personnel
14 and a sample that is representative of the population of
15 incarcerated women. The report shall include:
16 (1) With regard to federal facilities wherein
17 women are incarcerated—
18 (A) responses by such women to questions
19 from the Adverse Childhood Experience
20 (ACES) questionnaire;
21 (B) demographic data of such women, in-
22 cluding sexual orientation and gender identity;
23 (C) responses by such women to questions
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24 about the extent of exposure to sexual victim-
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1 ization, sexual violence and domestic violence
2 (both inside and outside of incarceration);
3 (D) the number of such women were preg-
4 nant at the time that they entered incarcer-
5 ation;
6 (E) the number of such women who have
7 children age 18 or under, and if so, how many;
8 and
9 (F) the crimes for which such women are
10 incarcerated and the length of their sentence
11 and to the extent practicable, any information
12 on the connection between the crime of which
13 they were convicted & their experience of do-
14 mestic violence, dating violence, sexual assault,
15 or stalking.
16 (2) With regard to all federal facilities where
17 persons are incarcerated—
18 (A) a list of best practices with respect to
19 women’s incarceration and transition, including
20 staff led programs, services and management
21 practices (including making sanitary products
22 readily available and easily accessible, and ac-
23 cess to and provision of healthcare);
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1 (B) the availability of trauma treatment at
2 each facility (including number of beds, and
3 number of trained staff);
4 (C) rates of serious mental illness broken
5 down by gender and security level and a list of
6 residential programs available by site; and
7 (D) the availability of vocational education
8 and a list of vocational programs provided by
9 each facility.
10 SEC. 1104. REENTRY PLANNING AND SERVICES FOR INCAR-
11 CERATED WOMEN.
12 The Attorney General, in coordination with the Chief
13 of U.S. Probation and Pretrial Services and the Director
14 of the Bureau of Prisons (including Women and Special
15 Population Branch), shall collaborate on a model of gen-
16 der responsive transition for incarcerated women, includ-
17 ing the development of a national standard on prevention
18 with respect to domestic and sexual violence. In developing
19 the model, the Chief and the Director shall consult with
20 such experts within the federal government (including the
21 Office on Violence Against Women of the Department of
22 Justice) and in the victim service provider community (in-
23 cluding sexual and domestic violence and homelessness,
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24 job training and job placement service providers) as are
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1 necessary to the completion of a comprehensive plan.
2 Issues addressed should include—
3 (1) the development by the Bureau of Prisons
4 of a contract for gender collaborative services; and
5 (2) identification by re-entry affairs coordina-
6 tors and responsive planning for the needs of re-en-
7 tering women with respect to—
8 (A) housing, including risk of homeless-
9 ness;
10 (B) previous exposure to and risk for do-
11 mestic and sexual violence; and
12 (C) the need for parenting classes, assist-
13 ance securing childcare, or assistance in seeking
14 or securing jobs that afford flexibility (as might
15 be necessary in the re-entry, parenting or other
16 contexts).
17 TITLE XII—LAW ENFORCEMENT
18 TOOLS TO ENHANCE PUBLIC
19 SAFETY
20 SEC. 1201. NOTIFICATION TO LAW ENFORCEMENT AGEN-
21 CIES OF PROHIBITED PURCHASE OR AT-
22 TEMPTED PURCHASE OF A FIREARM.
23 (a) IN GENERAL.—Title I of the NICS Improvement
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24 Amendments Act of 2007 (18 U.S.C. 922 note) is amend-
25 ed by adding at the end the following:
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1 ‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGEN-
2 CIES OF PROHIBITED PURCHASE OF A FIRE-
3 ARM.
4 ‘‘(a) IN GENERAL.—In the case of a background
5 check conducted by the National Instant Criminal Back-
6 ground Check System pursuant to the request of a li-
7 censed importer, licensed manufacturer, or licensed dealer
8 of firearms (as such terms are defined in section 921 of
9 title 18, United States Code), which background check de-
10 termines that the receipt of a firearm by a person would
11 violate subsection (g)(8), (g)(9), or (g)(10) of section 922
12 of title 18, United States Code, and such determination
13 is made after 3 business days have elapsed since the li-
14 censee contacted the System and a firearm has been trans-
15 ferred to that person, the System shall notify the law en-
16 forcement agencies described in subsection (b).
17 ‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.—
18 The law enforcement agencies described in this subsection
19 are the law enforcement agencies that have jurisdiction
20 over the location from which the licensee contacted the
21 system and the law enforcement agencies that have juris-
22 diction over the location of the residence of the person for
23 which the background check was conducted, as follows:
24 ‘‘(1) The field office of the Federal Bureau of
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25 Investigation.
26 ‘‘(2) The local law enforcement agency.
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1 ‘‘(3) The State law enforcement agency.
2 ‘‘(4) The Tribal law enforcement agency.’’.
3 (b) CLERICAL AMENDMENT.—The table of contents
4 of the NICS Improvement Amendments Act of 2007 (18
5 10 U.S.C. 922 note) is amended by inserting after the
6 item relating to section 107 the following:
‘‘Sec. 108. Notification to law enforcement agencies of prohibited purchase of
a firearm.’’.
7 SEC. 1202. REPORTING OF BACKGROUND CHECK DENIALS
8 TO STATE, LOCAL, AND TRIBAL AUTHORI-
9 TIES.
10 (a) IN GENERAL.—Chapter 44 of title 18, United
11 States Code, is amended by inserting after section 925A
12 the following:
13 ‘‘§ 925B. Reporting of background check denials to
14 State, local, and Tribal authorities
15 ‘‘(a) IN GENERAL.—If the national instant criminal
16 background check system established under section 103
17 of the Brady Handgun Violence Prevention Act (18 U.S.C.
18 922 note) provides a notice pursuant to section 922(t) of
19 this title that the receipt of a firearm by a person would
20 violate subsection (g)(8), (g)(9), or (g)(10) of section 922
21 of this title or State law, the Attorney General shall, in
22 accordance with subsection (b) of this section—
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23 ‘‘(1) report to the law enforcement authorities
24 of the State where the person sought to acquire the
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1 firearm and, if different, the law enforcement au-
2 thorities of the State of residence of the person—
3 ‘‘(A) that the notice was provided;
4 ‘‘(B) of the specific provision of law that
5 would have been violated;
6 ‘‘(C) of the date and time the notice was
7 provided;
8 ‘‘(D) of the location where the firearm was
9 sought to be acquired; and
10 ‘‘(E) of the identity of the person; and
11 ‘‘(2) report the incident to local or Tribal law
12 enforcement authorities and, where practicable,
13 State, Tribal, or local prosecutors, in the jurisdiction
14 where the firearm was sought and in the jurisdiction
15 where the person resides.
16 ‘‘(b) REQUIREMENTS FOR REPORT.—A report is
17 made in accordance with this subsection if the report is
18 made within 24 hours after the provision of the notice de-
19 scribed in subsection (a), except that the making of the
20 report may be delayed for so long as is necessary to avoid
21 compromising an ongoing investigation.
22 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in sub-
23 section (a) shall be construed to require a report with re-
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24 spect to a person to be made to the same State authorities
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1 that originally issued the notice with respect to the per-
2 son.’’.
3 (b) CLERICAL AMENDMENT.—The table of sections
4 for such chapter is amended by inserting after the item
5 relating to section 925A the following:
‘‘925B. Reporting of background check denials to State, local, and Tribal au-
thorities.’’.
6 SEC. 1203. SPECIAL ASSISTANT U.S. ATTORNEYS AND
7 CROSS-DEPUTIZED ATTORNEYS.
8 (a) IN GENERAL.—Chapter 44 of title 18, United
9 States Code, as amended by this Act, is further amended
10 by inserting after section 925B the following:
11 ‘‘§ 925C. Special assistant U.S. attorneys and cross-
12 deputized attorneys
13 ‘‘(a) IN GENERAL.—In order to improve the enforce-
14 ment of paragraphs (8), (9), and (10) of section 922(g),
15 the Attorney General may—
16 ‘‘(1) appoint, in accordance with section 543 of
17 title 28, qualified State, Tribal, territorial and local
18 prosecutors and qualified attorneys working for the
19 United States government to serve as special assist-
20 ant United States attorneys for the purpose of pros-
21 ecuting violations of such paragraphs;
22 ‘‘(2) deputize State, Tribal, territorial and local
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23 law enforcement officers for the purpose of enhanc-
24 ing the capacity of the agents of the Bureau of Alco-
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1 hol, Tobacco, Firearms, and Explosives in respond-
2 ing to and investigating violations of such para-
3 graphs; and
4 ‘‘(3) establish, in order to receive and expedite
5 requests for assistance from State, Tribal, territorial
6 and local law enforcement agencies responding to in-
7 timate partner violence cases where such agencies
8 have probable cause to believe that the offenders
9 may be in violation of such paragraphs, points of
10 contact within—
11 ‘‘(A) each Field Division of the Bureau of
12 Alcohol, Tobacco, Firearms, and Explosives;
13 and
14 ‘‘(B) each District Office of the United
15 States Attorneys.
16 ‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC
17 SAFETY.—The Attorney General shall—
18 ‘‘(1) identify no less than 75 jurisdictions
19 among States, territories and Tribes where there are
20 high rates of firearms violence and threats of fire-
21 arms violence against intimate partners and other
22 persons protected under paragraphs (8), (9), and
23 (10) of section 922(g) and where local authorities
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24 lack the resources to address such violence; and
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1 ‘‘(2) make such appointments as described in
2 subsection (a) in jurisdictions where enhanced en-
3 forcement of such paragraphs is necessary to reduce
4 firearms homicide and injury rates.
5 ‘‘(c) QUALIFIED DEFINED.—For purposes of this
6 section, the term ‘qualified’ means, with respect to an at-
7 torney, that the attorney is a licensed attorney in good
8 standing with any relevant licensing authority.’’.
9 (b) CLERICAL AMENDMENT.—The table of sections
10 for such chapter is amended by inserting after the item
11 relating to section 925B the following:
‘‘925C. Special assistant U.S. attorneys and cross-deputized attorneys.’’.
12 TITLE XIII—CLOSING THE LAW
13 ENFORCEMENT CONSENT
14 LOOPHOLE
15 SEC. 1301. SHORT TITLE.
16 This title may be cited as the ‘‘Closing the Law En-
17 forcement Consent Loophole Act of 2021’’.
18 SEC. 1302. PROHIBITION ON ENGAGING IN SEXUAL ACTS
19 WHILE ACTING UNDER COLOR OF LAW.
20 (a) IN GENERAL.—Section 2243 of title 18, United
21 States Code, is amended—
22 (1) in the section heading, by adding at the end
23 the following: ‘‘or by any person acting
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24 under color of law’’;
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1 (2) by redesignating subsections (c) and (d) as
2 subsections (d) and (e), respectively;
3 (3) by inserting after subsection (b) the fol-
4 lowing:
5 ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING
6 UNDER COLOR OF LAW.—
7 ‘‘(1) IN GENERAL.—Whoever, acting under
8 color of law, knowingly engages in a sexual act with
9 an individual, including an individual who is under
10 arrest, in detention, or otherwise in the actual cus-
11 tody of any Federal law enforcement officer, shall be
12 fined under this title, imprisoned not more than 15
13 years, or both.
14 ‘‘(2) DEFINITION.—In this subsection, the term
15 ‘sexual act’ has the meaning given the term in sec-
16 tion 2246.’’; and
17 (4) in subsection (d), as so redesignated, by
18 adding at the end the following:
19 ‘‘(3) In a prosecution under subsection (c), it is not
20 a defense that the other individual consented to the sexual
21 act.’’.
22 (b) DEFINITION.—Section 2246 of title 18, United
23 States Code, is amended—
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24 (1) in paragraph (5), by striking ‘‘and’’ at the
25 end;
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1 (2) in paragraph (6), by striking the period at
2 the end and inserting ‘‘; and’’; and
3 (3) by inserting after paragraph (6) the fol-
4 lowing:
5 ‘‘(7) the term ‘Federal law enforcement officer’
6 has the meaning given the term in section 115.’’.
7 (c) CLERICAL AMENDMENT.—The table of sections
8 for chapter 109A of title 18, United States Code, is
9 amended by amending the item related to section 2243
10 to read as follows:
‘‘2243. Sexual abuse of a minor or ward or by any person acting under color
of law.’’.
11 SEC. 1303. INCENTIVES FOR STATES.
12 (a) AUTHORITY TO MAKE GRANTS.—The Attorney
13 General is authorized to make grants to States that have
14 in effect a law that—
15 (1) makes it a criminal offense for any person
16 acting under color of law of the State to engage in
17 a sexual act with an individual, including an indi-
18 vidual who is under arrest, in detention, or otherwise
19 in the actual custody of any law enforcement officer;
20 and
21 (2) prohibits a person charged with an offense
22 described in paragraph (1) from asserting the con-
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23 sent of the other individual as a defense.
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1 (b) REPORTING REQUIREMENT.—A State that re-
2 ceives a grant under this section shall submit to the Attor-
3 ney General, on an annual basis, information on—
4 (1) the number of reports made to law enforce-
5 ment agencies in that State regarding persons en-
6 gaging in a sexual act while acting under color of
7 law during the previous year; and
8 (2) the disposition of each case in which sexual
9 misconduct by a person acting under color of law
10 was reported during the previous year.
11 (c) APPLICATION.—A State seeking a grant under
12 this section shall submit an application to the Attorney
13 General at such time, in such manner, and containing
14 such information as the Attorney General may reasonably
15 require, including information about the law described in
16 subsection (a).
17 (d) GRANT AMOUNT.—The amount of a grant to a
18 State under this section shall be in an amount that is not
19 greater than 10 percent of the average of the total amount
20 of funding of the 3 most recent awards that the State re-
21 ceived under the following grant programs:
22 (1) Part T of title I of the Omnibus Crime Con-
23 trol and Safe Streets Act of 1968 (34 U.S.C. 10441
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24 et seq.) (commonly referred to as the ‘‘STOP Vio-
25 lence Against Women Formula Grant Program’’).
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1 (2) Section 41601 of the Violence Against
2 Women Act of 1994 (34 U.S.C. 12511) (commonly
3 referred to as the ‘‘Sexual Assault Services Pro-
4 gram’’).
5 (e) GRANT TERM.—
6 (1) IN GENERAL.—The Attorney General shall
7 provide an increase in the amount provided to a
8 State under the grant programs described in sub-
9 section (d) for a 2-year period.
10 (2) RENEWAL.—A State that receives a grant
11 under this section may submit an application for a
12 renewal of such grant at such time, in such manner,
13 and containing such information as the Attorney
14 General may reasonably require.
15 (3) LIMIT.—A State may not receive a grant
16 under this section for more than 4 years.
17 (f) USES OF FUNDS.—A State that receives a grant
18 under this section shall use—
19 (1) 25 percent of such funds for any of the per-
20 missible uses of funds under the grant program de-
21 scribed in paragraph (1) of subsection (d); and
22 (2) 75 percent of such funds for any of the per-
23 missible uses of funds under the grant program de-
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24 scribed in paragraph (2) of subsection (d).
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to carry out this chapter
3 $5,000,000 for each of fiscal years 2022 through 2026.
4 (h) DEFINITION.—For purposes of this section, the
5 term ‘‘State’’ means each of the several States and the
6 District of Columbia, Indian Tribes, and the Common-
7 wealth of Puerto Rico, Guam, American Samoa, the Vir-
8 gin Islands, and the Northern Mariana Islands.
9 SEC. 1304. REPORTS TO CONGRESS.
10 (a) REPORT BY ATTORNEY GENERAL.—Not later
11 than 1 year after the date of enactment of this Act, and
12 each year thereafter, the Attorney General shall submit
13 to Congress a report containing—
14 (1) the information required to be reported to
15 the Attorney General under section 3(b); and
16 (2) information on—
17 (A) the number of reports made, during
18 the previous year, to Federal law enforcement
19 agencies regarding persons engaging in a sexual
20 act while acting under color of law; and
21 (B) the disposition of each case in which
22 sexual misconduct by a person acting under
23 color of law was reported.
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24 (b) REPORT BY GAO.—Not later than 1 year after
25 the date of enactment of this Act, and each year there-
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1 after, the Comptroller General of the United States shall
2 submit to Congress a report on any violations of section
3 2243(c) of title 18, United States Code, as amended by
4 section 2, committed during the 1-year period covered by
5 the report.
6 SEC. 1305. DEFINITION.
7 In this title, the term ‘‘sexual act’’ has the meaning
8 given the term in section 2246 of title 18, United States
9 Code.
10 TITLE XIV—OTHER MATTERS
11 SEC. 1401. NATIONAL STALKER AND DOMESTIC VIOLENCE
12 REDUCTION.
13 Section 40603 of the Violent Crime Control and Law
14 Enforcement Act of 1994 (34 U.S.C. 12402) is amended
15 by striking ‘‘2014 through 2018’’ and inserting ‘‘2022
16 through 2026’’.
17 SEC. 1402. FEDERAL VICTIM ASSISTANTS REAUTHORIZA-
18 TION.
19 Section 40114 of the Violence Against Women Act
20 of 1994 (Public Law 103–322) is amended to read as fol-
21 lows:
22 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM’S CO-
23 ORDINATORS.
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24 ‘‘There are authorized to be appropriated for the
25 United States Attorneys for the purpose of appointing vic-
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1 tim/witness coordinators for the prosecution of sex crimes
2 and domestic violence crimes where applicable (such as the
3 District of Columbia), $1,000,000 for each of fiscal years
4 2022 through 2026.’’.
5 SEC. 1403. CHILD ABUSE TRAINING PROGRAMS FOR JUDI-
6 CIAL PERSONNEL AND PRACTITIONERS RE-
7 AUTHORIZATION.
8 Section 224(a) of the Crime Control Act of 1990 (34
9 U.S.C. 20334(a)) is amended by striking ‘‘2014 through
10 2018’’ and inserting ‘‘2022 through 2026’’.
11 SEC. 1404. SEX OFFENDER MANAGEMENT.
12 Section 40152(c) of the Violent Crime Control and
13 Law Enforcement Act of 1994 (34 U.S.C. 12311(c)) is
14 amended by striking ‘‘2014 through 2018’’ and inserting
15 ‘‘2022 through 2026’’.
16 SEC. 1405. COURT-APPOINTED SPECIAL ADVOCATE PRO-
17 GRAM.
18 Section 219(a) of the Crime Control Act of 1990 (34
19 U.S.C. 20324(a)) is amended by striking ‘‘2014 through
20 2018’’ and inserting ‘‘2022 through 2026’’.
21 SEC. 1406. SEXUAL ASSAULT FORENSIC EXAM PROGRAM
22 GRANTS.
23 Section 304(d) of the DNA Sexual Assault Justice
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24 Act of 2004 (34 U.S.C. 40723(d)) is amended by striking
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1 ‘‘2015 through 2019’’ and inserting ‘‘2022 through
2 2026’’.
3 SEC. 1407. REVIEW ON LINK BETWEEN SUBSTANCE USE
4 AND VICTIMS OF DOMESTIC VIOLENCE DAT-
5 ING VIOLENCE, SEXUAL ASSAULT, OR STALK-
6 ING.
7 Not later than 24 months after the date of enactment
8 of this Act, the Secretary of the Department of Health
9 and Human Services shall complete a review and submit
10 a report to Congress on whether being a victim of domestic
11 violence, dating violence, sexual assault, or stalking in-
12 creases the likelihood of having a substance use disorder.
13 SEC. 1408. INTERAGENCY WORKING GROUP TO STUDY FED-
14 ERAL EFFORTS TO COLLECT DATA ON SEX-
15 UAL VIOLENCE.
16 (a) ESTABLISHMENT.—Not later than 180 days after
17 the date of the enactment of this Act, the Attorney Gen-
18 eral shall establish an interagency working group (in this
19 section referred to as the ‘‘Working Group’’) to study Fed-
20 eral efforts to collect data on sexual violence and to make
21 recommendations on the harmonization of such efforts.
22 (b) COMPOSITION.—The Working Group shall be
23 comprised of at least one representative from the following
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24 agencies, who shall be selected by the head of that agency:
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1 (1) The Centers for Disease Control and Pre-
2 vention.
3 (2) The Department of Education.
4 (3) The Department of Health and Human
5 Services.
6 (4) The Department of Justice.
7 (5) The Equal Employment Opportunity Com-
8 mission.
9 (c) DUTIES.—The Working Group shall consider the
10 following:
11 (1) What activity constitutes different acts of
12 sexual violence.
13 (2) Whether reports that use the same terms
14 for acts of sexual violence are collecting the same
15 data on these acts.
16 (3) Whether the context which led to an act of
17 sexual violence should impact how that act is ac-
18 counted for in reports.
19 (4) Whether the data collected is presented in
20 a way that allows the general public to understand
21 what acts of sexual violence are included in each
22 measurement.
23 (5) Steps that agencies that compile reports re-
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24 lating to sexual violence can take to avoid double
25 counting incidents of sexual violence.
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1 (d) REPORT REQUIRED.—Not later than 2 years
2 after the date of the enactment of this Act, the Working
3 Group shall publish and submit to Congress a report on
4 the following:
5 (1) The activities of the Working Group.
6 (2) Recommendations to harmonize Federal ef-
7 forts to collect data on sexual violence.
8 (3) Actions Federal agencies can take to imple-
9 ment the recommendations described in paragraph
10 (2).
11 (4) Recommendations for congressional action
12 to implement the recommendations described in
13 paragraph (2).
14 (e) TERMINATION.—The Working Group shall termi-
15 nate 30 days after the date on which the report is sub-
16 mitted pursuant to subsection (d).
17 (f) DEFINITIONS.—In this section:
18 (1) HARMONIZE.—The term ‘‘harmonize’’ in-
19 cludes efforts to coordinate sexual violence data col-
20 lection to produce complementary information, as
21 appropriate, without compromising programmatic
22 needs.
23 (2) SEXUAL VIOLENCE.—The term ‘‘sexual vio-
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24 lence’’ includes an unwanted sexual act (including
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1 both contact and non-contact) about which the Fed-
2 eral Government collects information.
3 SEC. 1409. NATIONAL DOMESTIC VIOLENCE HOTLINE.
4 Not later than 3 months after the date of enactment
5 of this Act, a national domestic violence hotline for which
6 a grant is provided under section 313 of the Family Vio-
7 lence Prevention and Services Act shall include the vol-
8 untary feature of texting via telephone to ensure all meth-
9 ods of communication are available for victims and those
10 seeking assistance.
11 SEC. 1410. DEPUTY DIRECTOR ON CULTURALLY SPECIFIC
12 COMMUNITIES WITHIN THE OFFICE OF JUS-
13 TICE PROGRAMS.
14 There shall be a Deputy Director on Culturally Spe-
15 cific Communities within the Office of Justice Programs
16 who shall, under the guidance and authority of the Direc-
17 tor of the Office of Justice Programs—
18 (1) oversee the administration of grants related
19 to culturally specific services and contracts with cul-
20 turally specific organizations;
21 (2) coordinate development of Federal policy,
22 protocols, and guidelines on matters relating to do-
23 mestic violence, dating violence, sexual assault and
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24 stalking, in culturally specific communities;
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1 (3) advise the Assistant Attorney General of the
2 Office of Justice Programs concerning policies, legis-
3 lation, implementation of laws, and other issues re-
4 lating to domestic violence, dating violence, sexual
5 assault and stalking in culturally specific commu-
6 nities;
7 (4) provide technical assistance, coordination,
8 and support to other offices and bureaus in the De-
9 partment of Justice to develop policy and to enforce
10 Federal laws relating to domestic violence, dating vi-
11 olence, sexual assault, and stalking in culturally spe-
12 cific communities;
13 (5) ensure that appropriate technical assistance,
14 developed and provided by entities having expertise
15 in culturally specific is made available to grantees
16 and potential grantees proposing to serve culturally
17 specific communities; and
18 (6) ensure access to grants and technical assist-
19 ance for culturally specific organizations and analyze
20 the distribution of funding in order to identify bar-
21 riers for culturally specific organizations.
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1 TITLE XV—CYBERCRIME
2 ENFORCEMENT
3 SEC. 1501. LOCAL LAW ENFORCEMENT GRANTS FOR EN-
4 FORCEMENT OF CYBERCRIMES.
5 (a) IN GENERAL.—Subject to the availability of ap-
6 propriations, the Attorney General shall award grants
7 under this section to States and units of local government
8 for the prevention, enforcement, and prosecution of
9 cybercrimes against individuals.
10 (b) APPLICATION.—
11 (1) IN GENERAL.—To request a grant under
12 this section, the chief executive officer of a State or
13 unit of local government shall submit an application
14 to the Attorney General within 90 days after the
15 date on which funds to carry out this section are ap-
16 propriated for a fiscal year, in such form as the At-
17 torney General may require. Such application shall
18 include the following:
19 (A) A certification that Federal funds
20 made available under this section will not be
21 used to supplant State or local funds, but will
22 be used to increase the amounts of such funds
23 that would, in the absence of Federal funds, be
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24 made available for law enforcement activities.
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1 (B) An assurance that, not fewer than 30
2 days before the application (or any amendment
3 to the application) was submitted to the Attor-
4 ney General, the application (or amendment)
5 was submitted for review to the governing body
6 of the State or unit of local government (or to
7 an organization designated by that governing
8 body).
9 (C) An assurance that, before the applica-
10 tion (or any amendment to the application) was
11 submitted to the Attorney General—
12 (i) the application (or amendment)
13 was made public; and
14 (ii) an opportunity to comment on the
15 application (or amendment) was provided
16 to citizens and to neighborhood or commu-
17 nity-based organizations, to the extent ap-
18 plicable law or established procedure
19 makes such an opportunity available.
20 (D) An assurance that, for each fiscal year
21 covered by an application, the applicant shall
22 maintain and report such data, records, and in-
23 formation (programmatic and financial) as the
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24 Attorney General may reasonably require.
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1 (E) A certification, made in a form accept-
2 able to the Attorney General and executed by
3 the chief executive officer of the applicant (or
4 by another officer of the applicant, if qualified
5 under regulations promulgated by the Attorney
6 General), that—
7 (i) the programs to be funded by the
8 grant meet all the requirements of this sec-
9 tion;
10 (ii) all the information contained in
11 the application is correct;
12 (iii) there has been appropriate co-
13 ordination with affected agencies; and
14 (iv) the applicant will comply with all
15 provisions of this section and all other ap-
16 plicable Federal laws.
17 (F) A certification that the State or in the
18 case of a unit of local government, the State in
19 which the unit of local government is located,
20 has in effect criminal laws which prohibit
21 cybercrimes against individuals.
22 (G) A certification that any equipment de-
23 scribed in subsection (c)(7) purchased using
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24 grant funds awarded under this section will be
25 used primarily for investigations and forensic
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1 analysis of evidence in matters involving
2 cybercrimes against individuals.
3 (c) USE OF FUNDS.—Grants awarded under this sec-
4 tion may only be used for programs that provide—
5 (1) training for State or local law enforcement
6 personnel relating to cybercrimes against individuals,
7 including—
8 (A) training such personnel to identify and
9 protect victims of cybercrimes against individ-
10 uals;
11 (B) training such personnel to utilize Fed-
12 eral, State, local, and other resources to assist
13 victims of cybercrimes against individuals;
14 (C) training such personnel to identify and
15 investigate cybercrimes against individuals;
16 (D) training such personnel to enforce and
17 utilize the laws that prohibit cybercrimes
18 against individuals;
19 (E) training such personnel to utilize tech-
20 nology to assist in the investigation of
21 cybercrimes against individuals and enforce-
22 ment of laws that prohibit such crimes; and
23 (F) the payment of overtime incurred as a
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24 result of such training;
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1 (2) training for State or local prosecutors,
2 judges, and judicial personnel, relating to
3 cybercrimes against individuals, including—
4 (A) training such personnel to identify, in-
5 vestigate, prosecute, or adjudicate cybercrimes
6 against individuals;
7 (B) training such personnel to utilize laws
8 that prohibit cybercrimes against individuals;
9 (C) training such personnel to utilize Fed-
10 eral, State, local, and other resources to assist
11 victims of cybercrimes against individuals; and
12 (D) training such personnel to utilize tech-
13 nology to assist in the prosecution or adjudica-
14 tion of acts of cybercrimes against individuals,
15 including the use of technology to protect vic-
16 tims of such crimes;
17 (3) training for State or local emergency dis-
18 patch personnel relating to cybercrimes against indi-
19 viduals, including—
20 (A) training such personnel to identify and
21 protect victims of cybercrimes against individ-
22 uals;
23 (B) training such personnel to utilize Fed-
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24 eral, State, local, and other resources to assist
25 victims of cybercrimes against individuals;
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1 (C) training such personnel to utilize tech-
2 nology to assist in the identification of and re-
3 sponse to cybercrimes against individuals; and
4 (D) the payment of overtime incurred as a
5 result of such training;
6 (4) assistance to State or local law enforcement
7 agencies in enforcing laws that prohibit cybercrimes
8 against individuals, including expenses incurred in
9 performing enforcement operations, such as overtime
10 payments;
11 (5) assistance to State or local law enforcement
12 agencies in educating the public in order to prevent,
13 deter, and identify violations of laws that prohibit
14 cybercrimes against individuals;
15 (6) assistance to State or local law enforcement
16 agencies to establish task forces that operate solely
17 to conduct investigations, forensic analyses of evi-
18 dence, and prosecutions in matters involving
19 cybercrimes against individuals;
20 (7) assistance to State or local law enforcement
21 and prosecutors in acquiring computers, computer
22 equipment, and other equipment necessary to con-
23 duct investigations and forensic analysis of evidence
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24 in matters involving cybercrimes against individuals,
25 including expenses incurred in the training, mainte-
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1 nance, or acquisition of technical updates necessary
2 for the use of such equipment for the duration of a
3 reasonable period of use of such equipment;
4 (8) assistance in the facilitation and promotion
5 of sharing, with State and local law enforcement of-
6 ficers and prosecutors, of the expertise and informa-
7 tion of Federal law enforcement agencies about the
8 investigation, analysis, and prosecution of matters
9 involving laws that prohibit cybercrimes against indi-
10 viduals, including the use of multijurisdictional task
11 forces; or
12 (9) assistance to State and local law enforce-
13 ment and prosecutors in processing interstate extra-
14 dition requests for violations of laws involving
15 cybercrimes against individuals, including expenses
16 incurred in the extradition of an offender from one
17 State to another.
18 (d) REPORT TO THE SECRETARY.—On the date that
19 is 1 year after the date on which a State or unit of local
20 government receives a grant under this section, and annu-
21 ally thereafter, the chief executive of such State or unit
22 of local government shall submit to the Attorney General
23 a report which contains—
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1 (1) a summary of the activities carried out dur-
2 ing the previous year with any grant received by
3 such State or unit of local government;
4 (2) an evaluation of the results of such activi-
5 ties; and
6 (3) such other information as the Attorney
7 General may reasonably require.
8 (e) REPORT TO CONGRESS.—Not later than Novem-
9 ber 1 of each even-numbered fiscal year, the Attorney
10 General shall submit to the Committee on the Judiciary
11 of the House of Representatives and the Committee on
12 the Judiciary of the Senate a report that contains a com-
13 pilation of the information contained in the report sub-
14 mitted under subsection (d).
15 (f) AUTHORIZATION OF APPROPRIATIONS.—
16 (1) IN GENERAL.—There are authorized to be
17 appropriated to carry out this section $20,000,000
18 for each of fiscal years 2022 through 2026.
19 (2) LIMITATION.—Of the amount made avail-
20 able under paragraph (1) in any fiscal year, not
21 more than 5 percent may be used for evaluation,
22 monitoring, technical assistance, salaries, and ad-
23 ministrative expenses.
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24 (g) DEFINITIONS.—In this section:
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1 (1) The term ‘‘cybercrimes against individuals’’
2 means the criminal offenses applicable in the rel-
3 evant State or unit of local government that involve
4 the use of a computer to cause personal harm to an
5 individual, such as the use of a computer to harass,
6 threaten, stalk, extort, coerce, cause fear, intimidate,
7 without consent distribute intimate images of, or vio-
8 late the privacy of, an individual, except that—
9 (A) use of a computer need not be an ele-
10 ment of such an offense; and
11 (B) such term does not include the use of
12 a computer to cause harm to a commercial enti-
13 ty, government agency, or any non-natural per-
14 sons.
15 (2) The term ‘‘computer’’ includes a computer
16 network and an interactive electronic device.
17 SEC. 1502. NATIONAL RESOURCE CENTER GRANT.
18 (a) IN GENERAL.—Subject to the availability of ap-
19 propriations, the Attorney General shall award a grant
20 under this section to an eligible entity for the purpose of
21 the establishment and maintenance of a National Re-
22 source Center on Cybercrimes Against Individuals to pro-
23 vide resource information, training, and technical assist-
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24 ance to improve the capacity of individuals, organizations,
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1 governmental entities, and communities to prevent, en-
2 force, and prosecute cybercrimes against individuals.
3 (b) APPLICATION.—To request a grant under this
4 section, an eligible entity shall submit an application to
5 the Attorney General not later than 90 days after the date
6 on which funds to carry out this section are appropriated
7 for fiscal year 2022 in such form as the Attorney General
8 may require. Such application shall include the following:
9 (1) An assurance that, for each fiscal year cov-
10 ered by an application, the applicant shall maintain
11 and report such data, records, and information (pro-
12 grammatic and financial) as the Attorney General
13 may reasonably require.
14 (2) A certification, made in a form acceptable
15 to the Attorney General, that—
16 (A) the programs funded by the grant
17 meet all the requirements of this section;
18 (B) all the information contained in the
19 application is correct; and
20 (C) the applicant will comply with all pro-
21 visions of this section and all other applicable
22 Federal laws.
23 (c) USE OF FUNDS.—The eligible entity awarded a
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24 grant under this section shall use such amounts for the
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1 establishment and maintenance of a National Resource
2 Center on Cybercrimes Against Individuals, which shall—
3 (1) offer a comprehensive array of technical as-
4 sistance and training resources to Federal, State,
5 and local governmental agencies, community-based
6 organizations, and other professionals and interested
7 parties, related to cybercrimes against individuals,
8 including programs and research related to victims;
9 (2) maintain a resource library which shall col-
10 lect, prepare, analyze, and disseminate information
11 and statistics related to—
12 (A) the incidence of cybercrimes against
13 individuals;
14 (B) the enforcement, and prosecution of
15 laws relating to cybercrimes against individuals;
16 and
17 (C) the provision of supportive services and
18 resources for victims of cybercrimes against in-
19 dividuals; and
20 (3) conduct research related to—
21 (A) the causes of cybercrimes against indi-
22 viduals;
23 (B) the effect of cybercrimes against indi-
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24 viduals on victims of such crimes; and
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1 (C) model solutions to prevent or deter
2 cybercrimes against individuals or to enforce
3 the laws relating to cybercrimes against individ-
4 uals.
5 (d) DURATION OF GRANT.—
6 (1) IN GENERAL.—The grant awarded under
7 this section shall be awarded for a period of 5 years.
8 (2) RENEWAL.—A grant under this section may
9 be renewed for additional 5-year periods if the At-
10 torney General determines that the funds made
11 available to the recipient were used in a manner de-
12 scribed in subsection (c), and if the recipient resub-
13 mits an application described in subsection (b) in
14 such form, and at such time as the Attorney General
15 may reasonably require.
16 (e) SUBGRANTS.—The eligible entity awarded a grant
17 under this section may make subgrants to other nonprofit
18 private organizations with relevant subject matter exper-
19 tise in order to establish and maintain the National Re-
20 source Center on Cybercrimes Against Individuals in ac-
21 cordance with subsection (c).
22 (f) REPORT TO THE SECRETARY.—On the date that
23 is 1 year after the date on which an eligible entity receives
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24 a grant under this section, and annually thereafter for the
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1 duration of the grant period, the entity shall submit to
2 the Attorney General a report which contains—
3 (1) a summary of the activities carried out
4 under the grant program during the previous year;
5 (2) an evaluation of the results of such activi-
6 ties; and
7 (3) such other information as the Attorney
8 General may reasonably require.
9 (g) REPORT TO CONGRESS.—Not later than Novem-
10 ber 1 of each even-numbered fiscal year, the Attorney
11 General shall submit to the Committee on the Judiciary
12 of the House of Representatives and the Committee on
13 the Judiciary of the Senate a report that contains a com-
14 pilation of the information contained in the report sub-
15 mitted under subsection (d).
16 (h) AUTHORIZATION OF APPROPRIATIONS.—There
17 are authorized to be appropriated to carry out this section
18 $4,000,000 for each of fiscal years 2022 through 2026.
19 (i) DEFINITIONS.—In this section:
20 (1) CYBERCRIMES AGAINST INDIVIDUALS.—The
21 term ‘‘cybercrimes against individuals’’ has the
22 meaning given such term in section 1501(g).
23 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
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24 ty’’ means a nonprofit private organization that fo-
25 cuses on cybercrimes against individuals and that—
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1 (A) provides documentation to the Attor-
2 ney General demonstrating experience working
3 directly on issues of cybercrimes against indi-
4 viduals; and
5 (B) includes on the entity’s advisory board
6 representatives who have a documented history
7 of working directly on issues of cybercrimes
8 against individuals and who are geographically
9 and culturally diverse.
10 SEC. 1503. NATIONAL STRATEGY, CLASSIFICATION, AND RE-
11 PORTING ON CYBERCRIME.
12 (a) DEFINITIONS.—In this section:
13 (1) COMPUTER.—The term ‘‘computer’’ in-
14 cludes a computer network and any interactive elec-
15 tronic device.
16 (2) CYBERCRIME AGAINST INDIVIDUALS.—The
17 term ‘‘cybercrime against individuals’’ means a Fed-
18 eral, State, or local criminal offense that involves the
19 use of a computer to cause personal harm to an in-
20 dividual, such as the use of a computer to harass,
21 threaten, stalk, extort, coerce, cause fear, intimidate,
22 without consent distribute intimate images of, or vio-
23 late the privacy of, an individual, except that—
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24 (A) use of a computer need not be an ele-
25 ment of the offense; and
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1 (B) the term does not include the use of a
2 computer to cause harm to a commercial entity,
3 government agency, or non-natural person.
4 (b) NATIONAL STRATEGY.—The Attorney General
5 shall develop a national strategy to—
6 (1) reduce the incidence of cybercrimes against
7 individuals;
8 (2) coordinate investigations of cybercrimes
9 against individuals by Federal law enforcement
10 agencies; and
11 (3) increase the number of Federal prosecutions
12 of cybercrimes against individuals.
13 (c) CLASSIFICATION OF CYBERCRIMES AGAINST IN-
14 DIVIDUALS FOR PURPOSES OF CRIME REPORTS.—In ac-
15 cordance with the authority of the Attorney General under
16 section 534 of title 28, United States Code, the Director
17 of the Federal Bureau of Investigation shall—
18 (1) design and create within the Uniform Crime
19 Reports a category for offenses that constitute
20 cybercrimes against individuals;
21 (2) to the extent feasible, within the category
22 established under paragraph (1), establish subcat-
23 egories for each type of cybercrime against individ-
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1 (3) classify the category established under para-
2 graph (1) as a Part I crime in the Uniform Crime
3 Reports; and
4 (4) classify each type of cybercrime against in-
5 dividuals that is an offense under Federal or State
6 law as a Group A offense for the purpose of the Na-
7 tional Incident-Based Reporting System.
8 (d) ANNUAL SUMMARY.—The Attorney General shall
9 publish an annual summary of the information reported
10 in the Uniform Crime Reports and the National Incident-
11 Based Reporting System relating to cybercrimes against
12 individuals.
13 TITLE XVI—KEEPING CHILDREN
14 SAFE FROM FAMILY VIOLENCE
15 SEC. 1601. SHORT TITLE.
16 This title may be cited as the ‘‘Keeping Children Safe
17 From Family Violence Act’’ or ‘‘Kayden’s Law’’.
18 SEC. 1602. FINDINGS.
19 Congress finds the following:
20 (1) Approximately 15 million children are ex-
21 posed each year to domestic violence and/or child
22 abuse.
23 (2) Most child abuse is perpetrated in the fam-
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24 ily and by a parent. Intimate partner violence and
25 child abuse overlap in the same families at rates of
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1 30 to 60 percent. A child’s risk of abuse increases
2 after a perpetrator of intimate partner violence sepa-
3 rates from their domestic partner, even when the
4 perpetrator had not previously directly abused the
5 child. Children who have witnessed intimate partner
6 violence are approximately four times more likely to
7 experience direct child maltreatment than children
8 who have not witnessed intimate partner violence.
9 (3) More than 75 percent of child sexual abuse
10 is perpetrated by a family member or a person
11 known to the child. U.S. Department of Justice data
12 shows that family members are almost half (49 per-
13 cent) of the perpetrators of child sex assault victims
14 under age 6.
15 (4) Research suggests a child’s exposure to a
16 batterer is among the strongest indicators of risk of
17 incest victimization. One study found female children
18 whose fathers were batterers of the mother were six-
19 and-a-half times more likely to experience father-
20 daughter incest than female children who do not
21 have an abusive father.
22 (5) Child abuse is a major public health issue
23 in the United States. Total lifetime financial costs
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24 associated with just one year of confirmed cases of
25 child maltreatment (including child physical abuse,
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1 sexual abuse, psychological abuse and neglect) re-
2 sults in $124 billion in annual costs to the U.S.
3 economy, or approximately one percent of the gross
4 domestic product.
5 (6) Empirical research indicates that allegations
6 of child physical and sexual abuse are regularly dis-
7 counted by courts when raised in child custody
8 cases, with fewer than one-fourth of claims that a
9 father has committed child physical or sexual abuse
10 believed; and where the allegedly abusive parent
11 claimed the mother was ‘‘alienating’’ the child, only
12 1 out of 51 claims of sexual molestation by a father
13 were believed. Independent research indicates that
14 child sexual abuse allegations are credible 50 to 70
15 percent of the time.
16 (7) Empirical research shows that alleged or
17 known abusive parents are often granted custody or
18 unprotected parenting time by courts. Approximately
19 one-third of parents alleged to have committed child
20 abuse took primary custody from the protective par-
21 ent reporting the abuse, placing children at ongoing
22 risk.
23 (8) Researchers have documented nearly 800
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24 children murdered in the United States since 2008
25 by a divorcing or separating parent. More than 100
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1 of these child murders are known to have occurred
2 after a court ordered the child into contact with the
3 dangerous parent over the objection of a safe parent
4 or caregiver.
5 (9) Scientifically unsound theories that treat
6 mothers’ abuse allegations as likely false attempts to
7 undermine the father are frequently applied in fam-
8 ily court to minimize or deny parents’ and children’s
9 reports of abuse. Many experts who testify against
10 abuse allegations lack expertise in the relevant type
11 of alleged abuse, relying instead on unsound and
12 unproven theories.
13 (10) Judges presiding over custody cases with
14 allegations of child abuse, child sexual abuse, and
15 domestic violence are rarely required to receive
16 training on these subjects, nor have most states es-
17 tablished standards for such trainings.
18 SEC. 1603. PURPOSES.
19 The purposes of this title are to:
20 (1) increase the priority given to child safety in
21 any private state court proceeding affecting chil-
22 dren’s care and custody, excluding child protective
23 and social service proceedings;
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24 (2) strengthen courts’ abilities to recognize and
25 adjudicate domestic violence and child abuse allega-
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1 tions based on valid, admissible evidence, and to
2 enter orders which protect and minimize the risk of
3 harm to children as the first priority; and
4 (3) ensure that professional personnel involved
5 in cases containing abuse allegations receive trauma-
6 informed and culturally appropriate training on the
7 dynamics, signs and impact of domestic violence and
8 child abuse, including child sexual abuse.
9 SEC. 1604. DEFINITION OF COVERED FORMULA GRANT.
10 The term ‘‘covered formula grant’’ means a grant
11 under part T of title I of the Omnibus Crime Control and
12 Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (com-
13 monly referred to as the ‘‘STOP Violence Against Women
14 Formula Grant Program’’).
15 SEC. 1605. INCREASED FUNDING FOR FORMULA GRANTS
16 AUTHORIZED.
17 (a) IN GENERAL.—The Attorney General shall in-
18 crease the amount provided to a State under the covered
19 formula grants in accordance with this title if—
20 (1) EVIDENCE.—
21 (A) EXPERTS.—The State has in place a
22 law ensuring that, in a custody proceeding
23 where a parent has been alleged to have com-
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24 mitted domestic violence or child abuse, includ-
25 ing child sexual abuse, evidence from court-ap-
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1 pointed or outside professionals regarding the
2 alleged abuse may be admitted only when the
3 professional possesses demonstrated expertise
4 and clinical, not solely forensic, experience in
5 working with victims of domestic violence or
6 child abuse, including child sexual abuse.
7 (B) NON-EXPERTS.—The State has in
8 place a law ensuring that, in a custody pro-
9 ceeding where a parent has been alleged to have
10 committed domestic violence or child abuse, in-
11 cluding child sexual abuse, evidence of past sex-
12 ual or physical abuse committed by a party, in-
13 cluding but not limited to any past or current
14 protection from abuse orders, sexual violence
15 abuse protection orders, arrests, or convictions,
16 must be considered in determining the truth of
17 any allegations of family violence.
18 (2) EXPERTS.—The State has in place uniform
19 required standards of domestic violence and child
20 abuse expertise and experience for all court-ap-
21 pointed neutral professional opinions related to
22 abuse, trauma, and the behaviors of victims and per-
23 petrators, which meet the criteria in paragraph
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24 (1)(A).
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1 (3) REMEDIES FOR A CHILD’S RESISTANCE TO
2 CONTACT WITH A PARENT.—The state has in place
3 a law ensuring that—
4 (A) NO REMOVAL OF CARE FROM SAFE
5 PARENT.—No child shall be removed from the
6 care of a competent protective, non-physically
7 or sexually abusive parent or litigating party to
8 whom the child is bonded or attached, nor shall
9 the child’s contact with such parent be re-
10 stricted, solely in order to improve a deficient
11 relationship with the other parent.
12 (B) REUNIFICATION TREATMENT.—No
13 ‘‘reunification treatment’’ may be ordered by
14 the court without scientifically valid and gen-
15 erally accepted proof of the safety, effectiveness
16 and therapeutic value of the particular treat-
17 ment, nor may any treatment predicated on
18 cutting off a child from the parent to whom
19 they are bonded or attached be ordered.
20 (C) CAUSES OF CHILD RESISTANCE.—Any
21 order to remediate a child’s contact resistance
22 must address the resisted parent’s behaviors or
23 contributions to the child’s resistance first, be-
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24 fore ordering the preferred parent to take steps
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1 to potentially improve the child’s relationship
2 with the parent they resist.
3 (4) TRAINING AND EDUCATION PROGRAM.—
4 (A) IN GENERAL.—The state has in place
5 an ongoing education and training program for
6 judges and magistrates who hear custody mat-
7 ters, and relevant court personnel, including
8 guardians ad litem, best interest attorneys,
9 counsel for children, custody evaluators, mas-
10 ters, and mediators, focusing solely on domestic
11 violence and child abuse, including—
12 (i) child sexual abuse;
13 (ii) physical abuse;
14 (iii) emotional abuse;
15 (iv) coercive control;
16 (v) implicit and explicit bias;
17 (vi) trauma;
18 (vii) long and short-term impacts of
19 domestic violence and child abuse on chil-
20 dren; and
21 (viii) victim and perpetrator behav-
22 iors.
23 (B) PROVIDERS.—Training must be pro-
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24 vided by —
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1 (i) professionals with substantial expe-
2 rience in assisting survivors of domestic vi-
3 olence or child abuse, such as a victim
4 service provider; and
5 (ii) where possible, survivors of do-
6 mestic violence, or child physical or sexual
7 abuse.
8 (C) EVIDENCE-BASED RESEARCH.—
9 (i) IN GENERAL.—The education and
10 training program in subparagraph (A)
11 shall rely on evidence-based and peer-re-
12 viewed research by recognized experts in
13 the types of abuse designated under this
14 section.
15 (ii) EXCLUSION.—The education and
16 training program shall not include theories,
17 concepts, and belief systems unsupported
18 by valid, credible scientific research.
19 (C) OBJECTIVE OF EDUCATION AND
20 TRAINING PROGRAM.—The education and train-
21 ing program shall be designed to improve the
22 ability of courts to recognize and respond to
23 child physical abuse, child sexual abuse, domes-
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24 tic violence, and trauma on all family victims,
25 particularly children, and make appropriate
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1 custody decisions that prioritize child safety and
2 well-being, and shall be culturally sensitive and
3 appropriate for diverse communities.
4 (D) TRAINING REQUIREMENTS.—Judges
5 and all other personnel identified in subpara-
6 graph (A) must receive at least 60 hours of ini-
7 tial training on these identified topics, and at
8 least 20 hours of this ongoing training every
9 two years.
10 (E) CUSTODY EVALUATOR REQUIRE-
11 MENTS.—Prior to being appointed in a case, a
12 custody evaluator shall, at a minimum, hold a
13 Master’s degree in a relevant field and must
14 have completed the training requirements of
15 subparagraph (D).
16 (4) LEGAL REPRESENTATION.—The state shall
17 notify parties of the importance of legal representa-
18 tion and shall direct the parties to appropriate re-
19 sources.
20 (b) GRANT INCREASE.—The amount of the increase
21 provided to a State under the covered formula grant under
22 this title shall be equal to not more than 10 percent of
23 the average of the total amount of funding provided to
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24 the State under the covered formula grant under the 3
25 most recent awards to the State.
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1 SEC. 1606. APPLICATION.
2 A State seeking a grant under this title shall submit
3 an application to the Attorney General at such time, in
4 such manner, and containing such information as the At-
5 torney General may reasonably require, including informa-
6 tion regarding the law described in section 1605.
7 SEC. 1607. RULE OF CONSTRUCTION.
8 Nothing in this title shall be interpreted to discourage
9 States from adopting additional provisions to increase safe
10 outcomes for children; additional protective provisions are
11 encouraged.
12 SEC. 1608. GRANT TERM.
13 (a) IN GENERAL.—The term of a covered grant shall
14 be for one year.
15 (b) RENEWAL.—A State that receives a covered grant
16 may submit an application for a renewal of such grant
17 at such time, in such manner, and containing such infor-
18 mation as the Attorney General may reasonably require.
19 (c) LIMIT.—A State shall not receive a covered grant
20 for more than 4 years.
21 SEC. 1609. USES OF FUNDS.
22 A State that receives an increase under the covered
23 formula grants under this title shall use the amount of
24 the increase for subgrants pursuant to section
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25 2007(c)(4)(C) or (D) of title I of the Omnibus Crime Con-
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1 trol and Safe Streets Act of 1968 (34 U.S.C.
2 10446(c)(4)).
3 SEC. 1610. AUTHORIZATION OF APPROPRIATIONS.
4 There is authorized to be appropriated to carry out
5 this title $5,000,000 for each of fiscal years 2022 through
6 2026.
Æ
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