S. 3623, Violence Against Women Act Reauthorization Act of 2022
Summary
Senate bill 3623, the Violence Against Women Act Reauthorization Act of 2022, is a bill to reauthorize the Violence Against Women Act of 1994, and for other purposes. Feinstein introduced it on February 9, 2022, with cosponsors listed beginning with Ernst, Durbin and Murkowski; it was read the first time on February 10, 2022, then read the second time and placed on the calendar. Its table of contents includes Title I on enhancing legal tools to combat domestic violence, dating violence, sexual assault, and stalking, and Title VI on safe homes for victims. The text ends with Section 1508, which directs the Attorney General, in consultation with the Secretary of Health and Human Services, to conduct a study on child custody in domestic violence cases.
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Cite this document
“S. 3623, Violence Against Women Act Reauthorization Act of 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s3623pcs-bills-117s3623pcs/
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II
Calendar No. 268
117TH CONGRESS
2D SESSION
S. 3623
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2022
Mrs. FEINSTEIN (for herself, Ms. ERNST, Mr. DURBIN, Ms. MURKOWSKI, Mr.
LEAHY, Ms. COLLINS, Mrs. MURRAY, Mrs. CAPITO, Mrs. SHAHEEN, Mr.
PORTMAN, Mr. SCHATZ, Mr. CORNYN, Mr. BROWN, Mr. CRAMER, Mr.
WYDEN, Mr. TILLIS, Mr. BLUMENTHAL, Mr. MORAN, Mr. MANCHIN, Mr.
BURR, Ms. CORTEZ MASTO, and Mr. BLUNT) introduced the following
bill; which was read the first time
FEBRUARY 10, 2022
Read the second time and placed on the calendar
A BILL
To reauthorize the Violence Against Women Act of 1994,
and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.—This Act may be cited as the
3 ‘‘Violence Against Women Act Reauthorization Act of
4 2022’’.
5 (b) TABLE OF CONTENTS.—The table of contents for
6 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Universal definitions and grant conditions.
Sec. 3. Agency and Department Coordination.
Sec. 4. Effective date.
Sec. 5. Sense of Congress.
Sec. 6. Severability.
TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 101. Stop grants.
Sec. 102. Grants to improve the criminal justice response.
Sec. 103. Legal assistance for victims.
Sec. 104. Grants to support families in the justice system.
Sec. 105. Outreach and services to underserved populations grants.
Sec. 106. Criminal provisions.
Sec. 107. Rape survivor child custody.
Sec. 108. Enhancing culturally specific services for victims of domestic violence,
dating violence, sexual assault, and stalking.
Sec. 109. Pilot program on restorative practices.
TITLE II—IMPROVING SERVICES FOR VICTIMS
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and
child abuse enforcement assistance program.
Sec. 203. Grants for training and services to end violence against individuals
with disabilities and Deaf people.
Sec. 204. Training and services to end abuse in later life.
Sec. 205. Abby Honold Act.
Sec. 206. LGBT Specific Services Program.
TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG
VICTIMS
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and education
(CHOOSE) for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Study on State coverage of forensic examinations and related costs
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following a sexual assault.
TITLE IV—VIOLENCE REDUCTION PRACTICES
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Sec. 401. Study conducted by the Centers for Disease Control and Prevention.
Sec. 402. Saving money and reducing tragedies through prevention (SMART
Prevention) grants.
TITLE V—STRENGTHENING THE HEALTH CARE SYSTEM’S
RESPONSE
Sec. 501. Grants to strengthen the health care system’s response to domestic
violence, dating violence, sexual assault, and stalking.
Sec. 502. Maternal mortality or morbidity study.
Sec. 503. Understanding sexual assault care in health systems.
Sec. 504. National report on sexual assault services in our nation’s health sys-
tem.
Sec. 505. Improving and strengthening the sexual assault examiner workforce
clinical and continuing education pilot program.
Sec. 506. Expanding access to unified care.
Sec. 507. Expanding access to forensics for victims of interpersonal violence.
TITLE VI—SAFE HOMES FOR VICTIMS
Sec. 601. Housing protections for victims of domestic violence, dating violence,
sexual assault, and stalking.
Sec. 602. Ensuring compliance and implementation; prohibiting retaliation
against victims.
Sec. 603. Protecting the right to report crime from one’s home.
Sec. 604. Transitional housing assistance grants for victims of domestic 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. Study and report on housing and service needs of survivors of traf-
ficking and individuals at risk for trafficking.
TITLE VII—ECONOMIC SECURITY FOR VICTIMS
Sec. 701. Findings.
Sec. 702. National Resource Center on workplace responses to assist victims of
domestic and sexual violence.
Sec. 703. Provisions related to the Temporary Assistance for Needy Families
Program.
Sec. 704. Study and reports on barriers to survivors’ economic security access.
Sec. 705. GAO Study.
TITLE VIII—SAFETY FOR INDIAN WOMEN
Subtitle A—Tools to Enhance Public Safety for Indian Tribes
Sec. 801. Findings and purposes.
Sec. 802. Tribal Access Program.
Sec. 803. Bureau of Prisons Tribal Prisoner Program.
Sec. 804. Tribal jurisdiction over covered crimes.
Subtitle B—Alaska Tribal Public Safety Empowerment
Sec. 811. Findings; purposes.
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Sec. 812. Definitions.
Sec. 813. Tribal jurisdiction in Alaska.
TITLE IX—OFFICE ON VIOLENCE AGAINST WOMEN
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Sec. 901. Establishment of Office on Violence Against Women.
Sec. 902. Senior Policy Advisor for Culturally Specific Communities of the Of-
fice on Violence Against Women.
TITLE X—IMPROVING CONDITIONS FOR WOMEN IN FEDERAL
CUSTODY
Sec. 1001. Improving the treatment of primary caretaker parents and other in-
dividuals in Federal prisons.
Sec. 1002. Health and safety of pregnant women and mothers.
Sec. 1003. Research and report on women in Federal incarceration.
Sec. 1004. Reentry planning and services for incarcerated women.
Sec. 1005. Authorization of appropriations.
TITLE XI—LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC
SAFETY
Sec. 1101. NICS Denial Notification Act of 2022.
Sec. 1102. Annual report to Congress.
Sec. 1103. Special assistant U.S. attorneys and cross-deputized attorneys.
Sec. 1104. Review on criminal offenses affecting Native Hawaiians.
TITLE XII—CLOSING THE LAW ENFORCEMENT CONSENT
LOOPHOLE
Sec. 1201. Short title.
Sec. 1202. Penalties for civil rights offenses involving sexual misconduct.
Sec. 1203. Incentives for States.
Sec. 1204. Reports to Congress.
Sec. 1205. Definition.
TITLE XIII—OTHER MATTERS
Sec. 1301. National stalker and domestic violence reduction.
Sec. 1302. Federal victim and witness coordinators reauthorization.
Sec. 1303. Child abuse training programs for judicial personnel and practi-
tioners reauthorization.
Sec. 1304. Sex offender management.
Sec. 1305. Court-appointed special advocate program.
Sec. 1306. Review of link between substance use and victims of domestic vio-
lence dating violence, sexual assault, or stalking.
Sec. 1307. Interagency working group to study Federal efforts to collect data
on sexual violence.
Sec. 1308. National resource center on workplace responses to assist victims of
domestic and sexual violence assistance for microbusinesses.
Sec. 1309. Civil action relating to disclosure of intimate images.
Sec. 1310. Choose Respect Act.
Sec. 1311. Technical correction to Victims of Crime Act.
Sec. 1312. Eliminating the marriage defense to statutory rape.
Sec. 1313. Deputy Assistant Attorney General on Culturally Specific Commu-
nities within the Office of Justice programs.
Sec. 1314. Task Force on Sexual Violence in Education.
Sec. 1315. Bree’s Law.
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Sec. 1316. Fairness for Rape Kit Backlog Survivors Act of 2022.
Sec. 1317. Study relating to State actions to prohibit aiding and abetting sex-
ual misconduct in schools.
Sec. 1318. Supporting access to nurse exams act.
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TITLE XIV—CYBERCRIME ENFORCEMENT
Sec. 1401. Local law enforcement grants for enforcement of cybercrimes.
Sec. 1402. National Resource Center grant.
Sec. 1403. National strategy, classification, and reporting on cybercrime.
TITLE XV—KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Purposes.
Sec. 1504. Increased funding for STOP grants.
Sec. 1505. Sexual assault survivors’ rights.
Sec. 1506. Grants to State and Tribal courts to implement protection order
pilot programs.
Sec. 1507. Online survey tool for campus safety.
Sec. 1508. Study on child custody in domestic violence cases.
1 SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
2 (a) IN GENERAL.—Section 40002 of the Violence
3 Against Women Act of 1994 (34 U.S.C. 12291) is amend-
4 ed—
5 (1) in subsection (a)—
6 (A) in the matter preceding paragraph (1),
7 by striking ‘‘In this title’’ and inserting ‘‘In this
8 title, for the purpose of grants authorized under
9 this title’’;
10 (B) by redesignating paragraphs (43)
11 through (45) as paragraphs (50) through (52),
12 respectively;
13 (C) by redesignating paragraphs (34)
14 through (42) as paragraphs (41) through (49),
15 respectively;
16 (D) by redesignating paragraphs (26)
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17 through (33) as paragraphs (32) through (39),
18 respectively;
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1 (E) by redesignating paragraphs (18)
2 through (25) as paragraphs (23) through (30),
3 respectively;
4 (F) by redesignating paragraphs (16) and
5 (17) as paragraphs (22) and (21), respectively,
6 and transferring paragraph (22), as so redesig-
7 nated, so as to appear before paragraph (23),
8 as so redesignated;
9 (G) by redesignating paragraphs (12)
10 through (15) as paragraphs (17) through (20),
11 respectively;
12 (H) by redesignating paragraph (11) as
13 paragraph (14);
14 (I) by redesignating paragraphs (9) and
15 (10) as paragraphs (10) and (11), respectively;
16 (J) by redesignating paragraph (8) as
17 paragraph (12), and transferring it to appear
18 after paragraph (11), as so redesignated;
19 (K) by redesignating paragraphs (6) and
20 (7) as paragraphs (8) and (9), respectively;
21 (L) by redesignating paragraph (2) as
22 paragraph (7), and transferring it to appear be-
23 fore paragraph (8), as so redesignated;
24 (M) by redesignating paragraphs (4) and
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25 (5) as paragraphs (5) and (4), respectively, and
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1 transferring paragraph (4), as so redesignated,
2 so as to appear after paragraph (3);
3 (N) by redesignating paragraph (1) as
4 paragraph (2);
5 (O) by inserting before paragraph (2), as
6 so redesignated, the following:
7 ‘‘(1) ABUSE IN LATER LIFE .—The term ‘abuse
8 in later life’—
9 ‘‘(A) means—
10 ‘‘(i) neglect, abandonment, economic
11 abuse, or willful harm of an adult aged 50
12 or older by an individual in an ongoing re-
13 lationship of trust with the victim; or
14 ‘‘(ii) domestic violence, dating vio-
15 lence, sexual assault, or stalking of an
16 adult aged 50 or older by any individual;
17 and
18 ‘‘(B) does not include self-neglect.’’;
19 (P) by inserting after paragraph (5), as so
20 redesignated, the following:
21 ‘‘(6) COURT-BASED PERSONNEL; COURT-RE-
22 LATED PERSONNEL.—The terms ‘court-based per-
23 sonnel’ and ‘court-related personnel’ mean individ-
24 uals working in the court, whether paid or volunteer,
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25 including—
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1 ‘‘(A) clerks, special masters, domestic rela-
2 tions officers, administrators, mediators, cus-
3 tody evaluators, guardians ad litem, lawyers,
4 negotiators, probation, parole, interpreters, vic-
5 tim assistants, victim advocates, and judicial,
6 administrative, or any other professionals or
7 personnel similarly involved in the legal process;
8 ‘‘(B) court security personnel;
9 ‘‘(C) personnel working in related supple-
10 mentary offices or programs (such as child sup-
11 port enforcement); and
12 ‘‘(D) any other court-based or community-
13 based personnel having responsibilities or au-
14 thority to address domestic violence, dating vio-
15 lence, sexual assault, or stalking in the court
16 system.’’;
17 (Q) in paragraph (12), as so redesignated,
18 by striking ‘‘includes felony’’ and all that fol-
19 lows through ‘‘jurisdiction.’’ and inserting the
20 following: ‘‘includes felony or misdemeanor
21 crimes committed by a current or former spouse
22 or intimate partner of the victim under the
23 family or domestic violence laws of the jurisdic-
24 tion receiving grant funding and, in the case of
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25 victim services, includes the use or attempted
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1 use of physical abuse or sexual abuse, or a pat-
2 tern of any other coercive behavior committed,
3 enabled, or solicited to gain or maintain power
4 and control over a victim, including verbal, psy-
5 chological, economic, or technological abuse that
6 may or may not constitute criminal behavior, by
7 a person who—
8 ‘‘(A) is a current or former spouse or inti-
9 mate partner of the victim, or person similarly
10 situated to a spouse of the victim;
11 ‘‘(B) is cohabitating, or has cohabitated,
12 with the victim as a spouse or intimate partner;
13 ‘‘(C) shares a child in common with the
14 victim; or
15 ‘‘(D) commits acts against a youth or
16 adult victim who is protected from those acts
17 under the family or domestic violence laws of
18 the jurisdiction.’’;
19 (R) by inserting after paragraph (12), as
20 so redesignated, the following:
21 ‘‘(13) ECONOMIC ABUSE.—The term ‘economic
22 abuse’, in the context of domestic violence, dating vi-
23 olence, and abuse in later life, means behavior that
24 is coercive, deceptive, or unreasonably controls or re-
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25 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 (S) by inserting after paragraph (14), as
16 so redesignated, the following:
17 ‘‘(15) FEMALE GENITAL MUTILATION OR CUT-
18 TING.—The term ‘female genital mutilation or cut-
19 ting’ has the meaning given such term in section
20 116 of title 18, United States Code.
21 ‘‘(16) FORCED MARRIAGE.—The term ‘forced
22 marriage’ means a marriage to which 1 or both par-
23 ties do not or cannot consent, and in which 1 or
24 more elements of force, fraud, or coercion is present.
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25 Forced marriage can be both a cause and a con-
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1 sequence of domestic violence, dating violence, sexual
2 assault or stalking.’’;
3 (T) by striking paragraph (17), as so re-
4 designated, and inserting the following:
5 ‘‘(17) HOMELESS.— The term ‘homeless’ has
6 the meaning given such term in section 41403.’’;
7 (U) in paragraph (22), as so redesig-
8 nated—
9 (i) in the heading, by inserting ‘‘; IN-
10 DIAN TRIBE’’ after ‘‘TRIBE’’; and
11 (ii) by striking ‘‘term ‘Indian tribe’
12 means’’ and inserting ‘‘terms ‘Indian tribe’
13 and ‘Indian Tribe’ mean’’;
14 (V) by striking paragraph (24), as so re-
15 designated, and inserting the following:
16 ‘‘(24) LEGAL ASSISTANCE.—
17 ‘‘(A) DEFINITION.—The term ‘legal assist-
18 ance’ means assistance provided by or under
19 the direct supervision of a person described in
20 subparagraph (B) to an adult, youth, or child
21 victim of domestic violence, dating violence, sex-
22 ual assault, or stalking relating to a matter de-
23 scribed in subparagraph (C).
24 ‘‘(B) PERSON DESCRIBED.—A person de-
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25 scribed in this subparagraph is—
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1 ‘‘(i) a licensed attorney;
2 ‘‘(ii) in immigration proceedings, a
3 Board of Immigration Appeals accredited
4 representative;
5 ‘‘(iii) in claims of the Department of
6 Veterans Affairs, a representative author-
7 ized by the Secretary of Veterans Affairs;
8 or
9 ‘‘(iv) any person who functions as an
10 attorney or lay advocate in tribal court.
11 ‘‘(C) MATTER DESCRIBED.—A matter de-
12 scribed in this subparagraph is a matter relat-
13 ing to—
14 ‘‘(i) divorce, parental rights, child
15 support, Tribal, territorial, immigration,
16 employment, administrative agency, hous-
17 ing, campus, education, healthcare, pri-
18 vacy, contract, consumer, civil rights, pro-
19 tection or other injunctive proceedings, re-
20 lated enforcement proceedings, and other
21 similar matters;
22 ‘‘(ii) criminal justice investigations,
23 prosecutions, and post-conviction matters
24 (including sentencing, parole, and proba-
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1 tion) that impact the victim’s safety, pri-
2 vacy, or other interests as a victim;
3 ‘‘(iii) alternative dispute resolution,
4 restorative practices, or other processes in-
5 tended to promote victim safety, privacy,
6 and autonomy, and offender accountability,
7 regardless of court involvement; or
8 ‘‘(iv) with respect to a conviction of a
9 victim relating to or arising from domestic
10 violence, dating violence, sexual assault,
11 stalking, or sex trafficking victimization of
12 the victim, post-conviction relief pro-
13 ceedings in State, local, Tribal, or terri-
14 torial court.
15 ‘‘(D) INTAKE OR REFERRAL.—For pur-
16 poses of this paragraph, intake or referral, by
17 itself, does not constitute legal assistance.’’;
18 (W) by inserting after paragraph (30), as
19 so redesignated, the following:
20 ‘‘(31) RESTORATIVE PRACTICE.—The term ‘re-
21 storative practice’ means a practice relating to a
22 specific harm that—
23 ‘‘(A) is community-based;
24 ‘‘(B) is initiated voluntarily at the request
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25 of the victim of the harm;
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1 ‘‘(C) involves (on an ongoing voluntary
2 basis and without any evidence of coercion or
3 intimidation of any victim of the harm)—
4 ‘‘(i) any individual who committed the
5 harm;
6 ‘‘(ii) any victim of the harm; and
7 ‘‘(iii) the community affected by the
8 harm through 1 or more representatives of
9 the community;
10 ‘‘(D) shall include and has the goal of—
11 ‘‘(i) collectively seeking accountability
12 from each individual who committed the
13 harm;
14 ‘‘(ii) developing a written process
15 whereby each individual who committed the
16 harm will take responsibility for the ac-
17 tions that caused harm to each victim of
18 the harm; and
19 ‘‘(iii) developing a written course of
20 action plan—
21 ‘‘(I) that is responsive to the
22 needs of any victim of the harm; and
23 ‘‘(II) upon which any victim, any
24 individual who committed the harm,
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25 and the community agree; and
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1 ‘‘(E) is conducted in a victim services
2 framework that protects the safety and sup-
3 ports the autonomy of each victim of the harm
4 and the community.’’;
5 (X) by inserting after paragraph (39), as
6 so redesignated, the following:
7 ‘‘(40) TECHNOLOGICAL ABUSE.—The term
8 ‘technological abuse’ means an act or pattern of be-
9 havior that occurs within domestic violence, sexual
10 assault, dating violence or stalking and is intended
11 to harm, threaten, intimidate, control, stalk, harass,
12 impersonate, exploit, extort, or monitor, except as
13 otherwise permitted by law, another person, that oc-
14 curs using any form of technology, including but not
15 limited to: internet enabled devices, online spaces
16 and platforms, computers, mobile devices, cameras
17 and imaging programs, apps, location tracking de-
18 vices, or communication technologies, or any other
19 emerging technologies.’’; and
20 (Y) in paragraph (50), as so redesignated,
21 by inserting ‘‘legal assistance and’’ before
22 ‘‘legal advocacy’’; and
23 (2) in subsection (b)—
24 (A) in paragraph (2), by adding at the end
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25 the following:
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1 ‘‘(H) DEATH OF THE PARTY WHOSE PRI-
2 VACY HAD BEEN PROTECTED.—In the event of
3 the death of any victim whose confidentiality
4 and privacy is required to be protected under
5 this subsection, grantees and subgrantees may
6 share personally identifying information or indi-
7 vidual information that is collected about de-
8 ceased victims being sought for a fatality review
9 to the extent permitted by their jurisdiction’s
10 law and only if the following conditions are met:
11 ‘‘(i) The underlying objectives of the
12 fatality review are to prevent future
13 deaths, enhance victim safety, and increase
14 offender accountability.
15 ‘‘(ii) The fatality review includes poli-
16 cies and protocols to protect identifying in-
17 formation, including identifying informa-
18 tion about the victim’s children, from fur-
19 ther release outside the fatality review
20 team.
21 ‘‘(iii) The grantee or subgrantee
22 makes a reasonable effort to get a release
23 from the victim’s personal representative
24 (if one has been appointed) and from any
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25 surviving minor children or the guardian of
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1 such children (but not if the guardian is
2 the abuser of the deceased parent), if the
3 children are not capable of knowingly con-
4 senting.
5 ‘‘(iv) The information released is lim-
6 ited to that which is necessary for the pur-
7 poses of the fatality review.’’;
8 (B) in paragraph (3), by striking the pe-
9 riod at the end and inserting ‘‘if—
10 ‘‘(A) the confidentiality and privacy re-
11 quirements of this title are maintained; and
12 ‘‘(B) personally identifying information
13 about adult, youth, and child victims of domes-
14 tic violence, dating violence, sexual assault, and
15 stalking is not requested or included in any
16 such collaboration or information-sharing.’’;
17 (C) in paragraph (11)—
18 (i) by striking ‘‘Of the total’’ and in-
19 serting the following:
20 ‘‘(A) IN GENERAL.—Of the total’’; and
21 (ii) by adding at the end the fol-
22 lowing:
23 ‘‘(B) REQUIREMENT.—The Office on Vio-
24 lence Against Women shall make all technical
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25 assistance available as broadly as possible to
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1 any appropriate grantees, subgrantees, potential
2 grantees, or other entities without regard to
3 whether the entity has received funding from
4 the Office on Violence Against Women for a
5 particular program or project, with priority
6 given to recipients awarded a grant before the
7 date of enactment of the Violence Against
8 Women Act Reauthorization Act of 2022.’’;
9 (D) in paragraph (14)—
10 (i) by striking ‘‘services and assist-
11 ance to victims’’ and inserting ‘‘services
12 and assistance to—
13 ‘‘(A) victims’’;
14 (ii) by striking the period at the end
15 and inserting a semicolon; and
16 (iii) by adding at the end the fol-
17 lowing:
18 ‘‘(B) adult survivors of child sexual abuse;
19 and
20 ‘‘(C) victims of domestic violence, dating
21 violence, sexual assault, or stalking who are also
22 victims of female genital mutilation or cutting,
23 or forced marriage.’’;
24 (E) by striking paragraph (15);
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1 (F) by redesignating paragraph (16) as
2 paragraph (15); and
3 (G) in paragraph (15), as so redesig-
4 nated—
5 (i) in subparagraph (A), by striking
6 clause (iii) and inserting the following:
7 ‘‘(iii) TECHNICAL ASSISTANCE.—A re-
8 cipient of grant funds under this Act that
9 is found to have an unresolved audit find-
10 ing shall be eligible to receive prompt, indi-
11 vidualized technical assistance to resolve
12 the audit finding and to prevent future
13 findings, for a period not to exceed the fol-
14 lowing 2 fiscal years.’’; and
15 (ii) in subparagraph (C)(i), by strik-
16 ing ‘‘$20,000’’ and inserting ‘‘$100,000’’
17 and by inserting ‘‘the Director or Principal
18 Deputy Director of the Office on Violence
19 Against Women or’’ before ‘‘the Deputy
20 Attorney General’’; and
21 (H) by adding at the end the following:
22 ‘‘(16) INNOVATION FUND.—Of the amounts ap-
23 propriated to carry out this title, not more than 1
24 percent shall be made available for pilot projects,
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1 signed to improve Federal, State, local, Tribal, and
2 other community responses to gender-based vio-
3 lence.’’.
4 (b) DEFINITIONS AND GRANT CONDITIONS.—Section
5 40002 of the Violence Against Women Act of 1994 (34
6 U.S.C. 12291) shall apply to this Act and any grant pro-
7 gram authorized under this Act.
8 SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
9 Each head of an Executive department (as defined
10 in section 101 of title 5, United States Code) responsible
11 for carrying out a program under this Act, the Violence
12 Against Women Act of 1994 (title IV of Public Law 103–
13 322; 108 Stat. 1902), the Violence Against Women Act
14 of 2000 (division B of Public Law 106–386; 114 Stat.
15 1491), the Violence Against Women and Department of
16 Justice Reauthorization Act of 2005 (title IX of Public
17 Law 109–162; 119 Stat. 3080), or the Violence Against
18 Women Reauthorization Act of 2013 (Public Law 113–
19 4; 127 Stat. 54) may coordinate and collaborate on the
20 prevention of domestic violence, dating violence, sexual as-
21 sault, and stalking, including sharing best practices and
22 efficient use of resources and technology for victims and
23 those seeking assistance from the Federal Government.
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1 SEC. 4. EFFECTIVE DATE.
2 (a) IN GENERAL.—Except as provided in subsection
3 (b), this Act and the amendments made by this Act shall
4 not take effect until October 1 of the first fiscal year be-
5 ginning after the date of enactment of this Act.
6 (b) EFFECTIVE ON DATE OF ENACTMENT.—Sections
7 106, 107, 304, 606, 803, and 1306 and any amendments
8 made by such sections shall take effect on the date of en-
9 actment of this Act.
10 SEC. 5. SENSE OF CONGRESS.
11 It is the sense of Congress—
12 (1) that sex trafficking victims experience sex-
13 ual violence and assault; and
14 (2) that Federal recognition of their recovery is
15 important.
16 SEC. 6. SEVERABILITY.
17 If any provision of this Act, an amendment made by
18 this Act, or the application of such provision or amend-
19 ment to any person or circumstance is held to be unconsti-
20 tutional, the remainder of this Act and the amendments
21 made by this Act, and the application of the provisions
22 or amendment to any other person or circumstance, shall
23 not be affected.
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1 TITLE I—ENHANCING LEGAL
2 TOOLS TO COMBAT DOMES-
3 TIC VIOLENCE, DATING VIO-
4 LENCE, SEXUAL ASSAULT,
5 AND STALKING
6 SEC. 101. STOP GRANTS.
7 (a) IN GENERAL.—Part T of title I of the Omnibus
8 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
9 10441 et seq.) is amended—
10 (1) in section 2001 (34 U.S.C. 10441)—
11 (A) in subsection (b)—
12 (i) in paragraph (3), by inserting be-
13 fore the semicolon at the end the following:
14 ‘‘, including implementation of the grant
15 conditions in section 40002(b) of the Vio-
16 lence Against Women Act of 1994 (34
17 U.S.C. 12291(b))’’;
18 (ii) in paragraph (5), by inserting
19 ‘‘and legal assistance’’ after ‘‘improving
20 delivery of victim services’’; and
21 (iii) in paragraph (9)—
22 (I) by striking ‘‘older and dis-
23 abled women’’ and inserting ‘‘individ-
24 uals 50 years of age or over, individ-
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1 uals with disabilities, and Deaf indi-
2 viduals’’;
3 (II) by inserting ‘‘legal assist-
4 ance,’’ after ‘‘counseling,’’; and
5 (III) by striking ‘‘older and dis-
6 abled individuals’’ and inserting ‘‘indi-
7 viduals’’;
8 (iv) in paragraph (11), by inserting
9 before the semicolon at the end the fol-
10 lowing: ‘‘, including rehabilitative work
11 with offenders’’;
12 (v) in paragraph (19), by striking
13 ‘‘and’’ at the end;
14 (vi) in paragraph (20)—
15 (I) by striking ‘‘or stalking’’ and
16 inserting ‘‘stalking, or female genital
17 mutilation or cutting’’; and
18 (II) by striking the period at the
19 end and inserting a semicolon; and
20 (vii) by inserting after paragraph
21 (20), the following:
22 ‘‘(21) developing, enhancing, or strengthening
23 programs and projects to improve evidence collection
24 methods for victims of domestic violence, dating vio-
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1 funding for technology that better detects bruising
2 and injuries across skin tones and related training;
3 ‘‘(22) developing, enlarging, or strengthening
4 culturally specific victim services programs to pro-
5 vide culturally specific victim services and responses
6 to female genital mutilation or cutting;
7 ‘‘(23) providing victim advocates in State or
8 local law enforcement agencies, prosecutors’ offices,
9 and courts to provide supportive services and advo-
10 cacy to Indian victims of domestic violence, dating
11 violence, sexual assault, and stalking; and
12 ‘‘(24) paying any fees charged by any govern-
13 mental authority for furnishing a victim or the child
14 of a victim with any of the following documents:
15 ‘‘(A) A birth certificate or passport of the
16 individual, as required by law.
17 ‘‘(B) An identification card issued to the
18 individual by a State or Tribe, that shows that
19 the individual is a resident of the State or a
20 member of the Tribe.’’; and
21 (B) in subsection (d)(3), in the matter pre-
22 ceding subparagraph (A), by striking ‘‘2014
23 through 2018’’ and inserting ‘‘2023 through
24 2027’’;
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1 (A) in subsection (d)—
2 (i) by redesignating paragraphs (5)
3 and (6) as paragraphs (7) and (8), respec-
4 tively; and
5 (ii) by inserting after paragraph (4)
6 the following:
7 ‘‘(5) proof of compliance with the requirements
8 regarding training for victim-centered prosecution
9 described in section 2017;
10 ‘‘(6) certification of compliance with the grant
11 conditions under section 40002(b) of the Violence
12 Against Women Act of 1994 (34 U.S.C. 12291(b)),
13 as applicable;’’;
14 (B) in subsection (i)—
15 (i) in paragraph (1), by inserting be-
16 fore the semicolon at the end the following:
17 ‘‘and the requirements under section
18 40002(b) of the Violence Against Women
19 Act of 1994 (34 U.S.C. 12291(b)), as ap-
20 plicable’’; and
21 (ii) in paragraph (2)(C)(iv), by insert-
22 ing after ‘‘ethnicity,’’ the following: ‘‘sexual
23 orientation, gender identity,’’; and
24 (C) in subsection (j)(2), by adding a period
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1 (3) by adding at the end the following:
2 ‘‘SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING
3 VICTIM TESTIMONY.
4 ‘‘In order for a prosecutor’s office to be eligible to
5 receive grant funds under this part, the head of the office
6 shall certify, to the State, Indian Tribal government, or
7 territorial government receiving the grant funding, that
8 the office will, during the 3-year period beginning on the
9 date on which the grant is awarded, engage in planning,
10 developing and implementing—
11 ‘‘(1) training developed by experts in the field
12 regarding victim-centered approaches in domestic vi-
13 olence, sexual assault, dating violence, and stalking
14 cases;
15 ‘‘(2) policies that support a victim-centered ap-
16 proach, informed by such training; and
17 ‘‘(3) a protocol outlining alternative practices
18 and procedures for material witness petitions and
19 bench warrants, consistent with best practices, that
20 shall be exhausted before employing material witness
21 petitions and bench warrants to obtain victim-wit-
22 ness testimony in the investigation, prosecution, and
23 trial of a crime related to domestic violence, sexual
24 assault, dating violence, and stalking of the victim in
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1 order to prevent further victimization and trauma to
2 the victim.’’.
3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
4 1001(a)(18) of title I of the Omnibus Crime Control and
5 Safe Streets Act of 1968 (34 U.S.C. 10261(a)(18)) is
6 amended by striking ‘‘2014 through 2018’’ and inserting
7 ‘‘2023 through 2027’’.
8 SEC. 102. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RE-
9 SPONSE.
10 (a) HEADING.—Part U of title I of the Omnibus
11 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
12 10461 et seq.) is amended in the heading, by striking
13 ‘‘GRANTS TO ENCOURAGE ARREST POLICIES’’ and in-
14 serting ‘‘GRANTS TO IMPROVE THE CRIMINAL JUS-
15 TICE RESPONSE’’.
16 (b) GRANTS.—Section 2101 of title I of the Omnibus
17 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
18 10461) is amended—
19 (1) by striking subsection (a) and inserting the
20 following:
21 ‘‘(a) PURPOSE.—The purpose of this part is to assist
22 States, Indian Tribal governments, State and local courts
23 (including juvenile courts), Tribal courts, and units of
24 local government to improve the criminal justice response
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1 stalking as serious violations of criminal law, and to seek
2 safety and autonomy for victims.’’;
3 (2) in subsection (b)—
4 (A) in paragraph (1), by striking
5 ‘‘proarrest’’ and inserting ‘‘offender account-
6 ability and homicide reduction’’;
7 (B) in paragraph (5), by striking ‘‘legal
8 advocacy service programs’’ and inserting ‘‘legal
9 advocacy and legal assistance programs’’;
10 (C) in paragraph (8), by striking ‘‘older in-
11 dividuals (as defined in section 102 of the Older
12 Americans Act of 1965 (42 U.S.C. 3002))’’ and
13 inserting ‘‘individuals 50 years of age or over
14 and Deaf individuals’’;
15 (D) in paragraph (19), by inserting before
16 the period at the end the following ‘‘, including
17 victims among underserved populations (as de-
18 fined in section 40002(a) of the Violence
19 Against Women Act of 1994 (34 U.S.C.
20 12291(a)))’’; and
21 (E) by adding at the end the following:
22 ‘‘(25) To develop Statewide databases with in-
23 formation on where sexual assault nurse examiners
24 are located.
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1 ‘‘(26) To develop and implement alternative
2 methods of reducing crime in communities, to sup-
3 plant punitive programs or policies. For purposes of
4 this paragraph, a punitive program or policy is a
5 program or policy that—
6 ‘‘(A) imposes a penalty on a victim of do-
7 mestic violence, dating violence, sexual assault,
8 or stalking, on the basis of a request by the vic-
9 tim for law enforcement or emergency assist-
10 ance; or
11 ‘‘(B) imposes a penalty on such a victim
12 because of criminal activity at the property in
13 which the victim resides.’’; and
14 (3) in subsection (c)(1)—
15 (A) in subparagraph (A)—
16 (i) in clause (i), by striking ‘‘encour-
17 age or mandate arrests of domestic vio-
18 lence offenders’’ and inserting ‘‘encourage
19 arrests of offenders’’; and
20 (ii) in clause (ii), by striking ‘‘encour-
21 age or mandate arrest of domestic violence
22 offenders’’ and inserting ‘‘encourage arrest
23 of offenders’’;
24 (B) in subparagraph (E)(ii), by striking
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1 (C) by inserting after subparagraph (E)
2 the following:
3 ‘‘(F) except for a court, not later than 3
4 years after the date on which an eligible grant-
5 ee receives the first award under this part after
6 the date of enactment of the Violence Against
7 Women Act Reauthorization Act of 2022, cer-
8 tify that the laws, policies, and practices of the
9 State or the jurisdiction in which the eligible
10 grantee is located ensure that prosecutor’s of-
11 fices engage in planning, developing, and imple-
12 menting—
13 ‘‘(i) training developed by experts in
14 the field regarding victim-centered ap-
15 proaches in domestic violence, sexual as-
16 sault, dating violence, and stalking cases;
17 ‘‘(ii) policies that support a victim-
18 centered approach, informed by such train-
19 ing; and
20 ‘‘(iii) a protocol outlining alternative
21 practices and procedures for material wit-
22 ness petitions and bench warrants, con-
23 sistent with best practices, that shall be ex-
24 hausted before employing material witness
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1 tim-witness testimony in the investigation,
2 prosecution, and trial of a crime related to
3 domestic violence, sexual assault, dating vi-
4 olence, and stalking of the victim in order
5 to prevent further victimization and trau-
6 ma to the victim; and
7 ‘‘(G) except for a court, certify whether the
8 laws, policies, and practices of the State or the
9 jurisdiction in which the eligible grantee is lo-
10 cated prohibits the prosecution of a minor
11 under the age of 18 with respect to prostitu-
12 tion; and’’.
13 (c) AUTHORIZATION OF APPROPRIATIONS.—Section
14 1001(a)(19) of title I of the Omnibus Crime Control and
15 Safe Streets Act of 1968 (34 U.S.C. 10261(a)(19)) is
16 amended by striking ‘‘2014 through 2018’’ and inserting
17 ‘‘2023 through 2027’’.
18 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
19 Section 1201 of division B of the Victims of Traf-
20 ficking and Violence Protection Act of 2000 (34 U.S.C.
21 20121) is amended—
22 (1) in subsection (a), by inserting after ‘‘no cost
23 to the victims.’’ the following: ‘‘When legal assist-
24 ance to a dependent is necessary for the safety of a
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1 (2) in subsection (d)—
2 (A) by amending paragraph (1) to read as
3 follows:
4 ‘‘(1) any person providing legal assistance
5 through a program funded under this section—
6 ‘‘(A)(i) is a licensed attorney or is working
7 under the direct supervision of a licensed attor-
8 ney;
9 ‘‘(ii) in immigration proceedings, is a
10 Board of Immigration Appeals accredited rep-
11 resentative;
12 ‘‘(iii) in Veterans’ Administration claims,
13 is an accredited representative; or
14 ‘‘(iv) is any person who functions as an at-
15 torney or lay advocate in Tribal court; and
16 ‘‘(B)(i) has demonstrated expertise in pro-
17 viding legal assistance to victims of domestic vi-
18 olence, dating violence, sexual assault, or stalk-
19 ing in the targeted population; or
20 ‘‘(ii)(I) is partnered with an entity or per-
21 son that has demonstrated expertise described
22 in clause (i); and
23 ‘‘(II) has completed, or will complete,
24 training in connection with domestic violence,
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1 related legal issues, including training on evi-
2 dence-based risk factors for domestic and dat-
3 ing violence homicide;’’;
4 (B) in paragraph (2), by striking ‘‘or
5 local’’ and insert the following: ‘‘local, or cul-
6 turally specific’’;
7 (C) in paragraph (4), after ‘‘dating vio-
8 lence,’’ by inserting ‘‘stalking,’’; and
9 (3) in subsection (f)(1)—
10 (A) by striking ‘‘$57,000,000’’ and insert-
11 ing ‘‘$60,000,000’’; and
12 (B) by striking ‘‘2014 through 2018’’ and
13 inserting ‘‘2023 through 2027’’.
14 SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE
15 SYSTEM.
16 Section 1301 of division B of the Victims of Traf-
17 ficking and Violence Protection Act of 2000 (34 U.S.C.
18 12464) is amended—
19 (1) in subsection (b)(8), by striking ‘‘to im-
20 prove’’ and inserting ‘‘improve’’;
21 (2) in subsection (e), by striking ‘‘2014 through
22 2018’’ and inserting ‘‘2023 through 2027’’; and
23 (3) by adding at the end the following:
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1 ‘‘(g) CULTURAL RELEVANCE.—Any services provided
2 pursuant to a grant funded under this section shall be pro-
3 vided in a culturally relevant manner.’’.
4 SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED
5 POPULATIONS GRANTS.
6 Section 120 of the Violence Against Women and De-
7 partment of Justice Reauthorization Act of 2005 (34
8 U.S.C. 20123) is amended—
9 (1) in subsection (b)(3), by inserting ‘‘Native
10 Hawaiian,’’ before ‘‘or local organization’’;
11 (2) in subsection (d)—
12 (A) in paragraph (4)—
13 (i) by striking ‘‘effectiveness’’ and in-
14 serting ‘‘response’’;
15 (ii) by inserting ‘‘population-specific’’
16 before ‘‘training’’; and
17 (iii) by striking ‘‘or’’ at the end;
18 (B) in paragraph (5), by striking the pe-
19 riod at the end and inserting a semicolon; and
20 (C) by adding at the end the following:
21 ‘‘(6) developing, enlarging, or strengthening
22 culturally specific programs and projects to provide
23 culturally specific services regarding responses to,
24 and prevention of, female genital mutilation and cut-
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1 ‘‘(7) strengthening the response of social and
2 human services by providing population-specific
3 training for service providers on domestic violence,
4 dating violence, sexual assault, or stalking in under-
5 served populations.’’; and
6 (3) in subsection (g)—
7 (A) by striking ‘‘$2,000,000’’ and inserting
8 ‘‘$6,000,000’’; and
9 (B) by striking ‘‘2014 through 2018’’ and
10 inserting ‘‘2023 through 2027’’.
11 SEC. 106. CRIMINAL PROVISIONS.
12 Section 2265(d)(3) of title 18, United States Code,
13 is amended—
14 (1) by striking ‘‘restraining order or injunc-
15 tion,’’; and
16 (2) by adding at the end the following: ‘‘The
17 prohibition under this paragraph applies to all pro-
18 tection orders for the protection of a person residing
19 within a State, territorial, or Tribal jurisdiction,
20 whether or not the protection order was issued by
21 that State, territory, or Tribe.’’.
22 SEC. 107. RAPE SURVIVOR CHILD CUSTODY.
23 Section 409 of the Justice for Victims of Trafficking
24 Act of 2015 (34 U.S.C. 21308) is amended by striking
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1 ‘‘2015 through 2019’’ and inserting ‘‘2023 through
2 2027’’.
3 SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES
4 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-
5 ING VIOLENCE, SEXUAL ASSAULT, AND
6 STALKING.
7 Section 121 of the Violence Against Women and De-
8 partment of Justice Reauthorization Act of 2005 (34
9 U.S.C. 20124) is amended—
10 (1) in subsection (a)—
11 (A) in paragraph (1)—
12 (i) by striking ‘‘paragraph (a)(2) of
13 this subsection’’ and inserting ‘‘paragraph
14 (2)’’; and
15 (ii) by striking ‘‘shall take 5 percent
16 of such appropriated amounts’’ and insert-
17 ing ‘‘shall take 15 percent of such appro-
18 priated amounts for the program under
19 paragraph (2)(A) and 5 percent of such
20 appropriated amounts for the programs
21 under subparagraphs (B) through (E) of
22 paragraph (2)’’; and
23 (B) by adding at the end the following:
24 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO-
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1 able under paragraph (1), there are authorized to be
2 appropriated to carry out this section $25,000,000
3 for each of fiscal years 2023 through 2027.
4 ‘‘(4) DISTRIBUTION.—
5 ‘‘(A) IN GENERAL.—Of the total amount
6 available for grants under this section, not less
7 than 40 percent of such funds shall be allocated
8 for programs or projects that meaningfully ad-
9 dress non-intimate partner relationship sexual
10 assault.
11 ‘‘(B) ALTERNATIVE ALLOCATION.—Not-
12 withstanding 40002(b)(11) of the Violence
13 Against Women Act of 1994 (34 U.S.C.
14 12291(b)(11)), the Director may allocate a por-
15 tion of funds described in subparagraph (A) to
16 enhanced technical assistance relating to non-
17 intimate partner sexual assault if the Office on
18 Violence Against Women does not receive suffi-
19 cient qualified applications proposing to address
20 non-intimate partner relationship sexual as-
21 sault.’’;
22 (2) in subsection (b)(3), by adding at the end
23 the following: ‘‘Not less than 1 such organization
24 shall have demonstrated expertise primarily in do-
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1 ganization shall have demonstrated expertise pri-
2 marily in non-intimate partner sexual assault serv-
3 ices.’’;
4 (3) by striking subsection (e); and
5 (4) by redesignating subsections (f) through (h)
6 as subsections (e) through (g), respectively.
7 SEC. 109. PILOT PROGRAM ON RESTORATIVE PRACTICES.
8 (a) IN GENERAL.—The Violence Against Women Act
9 of 1994 (title IV of Public Law 103–322), as amended
10 by section 205, is further amended by adding at the end
11 the following:
12 ‘‘Subtitle R—Restorative Practices
13 ‘‘SEC. 41801. PILOT PROGRAM ON RESTORATIVE PRAC-
14 TICES.
15 ‘‘(a) DEFINITIONS.—In this section:
16 ‘‘(1) DIRECTOR.—The term ‘Director’ means
17 the Director of the Office on Violence Against
18 Women.
19 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
20 tity’ means—
21 ‘‘(A) a State;
22 ‘‘(B) a unit of local government;
23 ‘‘(C) a tribal government;
24 ‘‘(D) a tribal organization;
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1 ‘‘(F) an institution of higher education (as
2 defined in section 101(a) of the Higher Edu-
3 cation Act of 1965 (20 U.S.C. 1001(a)); and
4 ‘‘(G) a private or public nonprofit organi-
5 zation, including—
6 ‘‘(i) a tribal nonprofit organization;
7 and
8 ‘‘(ii) a faith-based nonprofit organiza-
9 tion.
10 ‘‘(3) RESTORATIVE PRACTICE.—The term ‘re-
11 storative practice’ means a practice relating to a
12 specific harm that—
13 ‘‘(A) is community-based and unaffiliated
14 with any civil or criminal legal process;
15 ‘‘(B) is initiated by the victim of the harm;
16 ‘‘(C) involves, on a voluntary basis and
17 without any evidence of coercion or intimidation
18 of any victim of the harm by any individual who
19 committed the harm or anyone associated with
20 any such individual—
21 ‘‘(i) any individual who committed the
22 harm;
23 ‘‘(ii) any victim of the harm; and
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1 ‘‘(iii) the community affected by the
2 harm through 1 or more representatives of
3 the community;
4 ‘‘(D) shall include and has the goal of—
5 ‘‘(i) collectively seeking accountability
6 from 1 or more individuals who committed
7 the harm;
8 ‘‘(ii) developing a written process
9 whereby 1 or more individuals who com-
10 mitted the harm will take responsibility for
11 the actions that caused harm to each vic-
12 tim of the harm; and
13 ‘‘(iii) developing a written course of
14 action plan—
15 ‘‘(I) that is responsive to the
16 needs of any victim of the harm; and
17 ‘‘(II) upon which any victim, any
18 individual who committed the harm,
19 and the community can agree; and
20 ‘‘(E) is conducted in a victim services
21 framework that protects the safety and sup-
22 ports the autonomy of 1 or more victims of the
23 harm and the community.
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1 ‘‘(b) GRANTS AUTHORIZED.—The Director shall
2 award grants to eligible entities to develop and implement
3 a program, or to assess best practices, for—
4 ‘‘(1) restorative practices to prevent or address
5 domestic violence, dating violence, sexual assault, or
6 stalking;
7 ‘‘(2) training by eligible entities, or for eligible
8 entities, courts, or prosecutors, on restorative prac-
9 tices and program implementation; and
10 ‘‘(3) evaluations of a restorative practice de-
11 scribed in paragraph (1).
12 ‘‘(c) PRIORITY.—In awarding grants under sub-
13 section (b), the Director shall give priority to eligible enti-
14 ties that submit proposals that meaningfully address the
15 needs of culturally specific or underserved populations.
16 ‘‘(d) QUALIFICATIONS.—To be eligible to receive a
17 grant under this section, an eligible entity shall dem-
18 onstrate a history of comprehensive training and experi-
19 ence in working with victims of domestic violence, dating
20 violence, sexual assault, or stalking.
21 ‘‘(e) PROGRAM REQUIREMENTS.—
22 ‘‘(1) IN GENERAL.—An eligible entity or a sub-
23 grantee of an eligible entity that offers a restorative
24 practices program with funds awarded under this
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1 ‘‘(A) includes set practices and procedures
2 for screening the suitability of any individual
3 who committed a harm based on—
4 ‘‘(i) the history of civil and criminal
5 complaints against the individual involving
6 domestic violence, sexual assault, dating vi-
7 olence, or stalking;
8 ‘‘(ii) parole or probation violations of
9 the individual or whether active parole or
10 probation supervision of the individual is
11 being conducted for prior offenses involv-
12 ing domestic violence, sexual assault, dat-
13 ing violence, or stalking;
14 ‘‘(iii) the risk to the safety of any vic-
15 tim of the harm based on an evidence-
16 based risk assessment;
17 ‘‘(iv) the risk to public safety, includ-
18 ing an evidence-based risk assessment of
19 the danger to the public; and
20 ‘‘(v) past participation of any indi-
21 vidual who committed the harm in restora-
22 tive practice programing; and
23 ‘‘(B) denies eligibility to participate in the
24 program for any individual who committed a
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1 ‘‘(i) a pending felony or misdemeanor
2 prosecution for an offense against any vic-
3 tim of the harm or a dependent of any
4 such victim;
5 ‘‘(ii) a restraining order or a protec-
6 tion order (as defined in section 2266 of
7 title 18, United States Code) that protects
8 any victim of the harm or a dependent of
9 any such victim, unless there is an excep-
10 tion in the restraining order or protective
11 order allowing for participation in a restor-
12 ative practices program;
13 ‘‘(iii) a pending criminal charge in-
14 volving or relating to sexual assault, in-
15 cluding rape, human trafficking, or child
16 abuse, including child sexual abuse; or
17 ‘‘(iv) a conviction for child sexual
18 abuse against the victim or a sibling of the
19 victim if the victim or sibling of the victim
20 is currently a minor.
21 ‘‘(2) REFERRAL.—With respect to a risk as-
22 sessment described in paragraph (1)(A)(iii) for
23 which an eligible entity or a subgrantee of an eligible
24 entity determines that a victim or a dependent of a
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1 injury, sexual assault, or death, the eligible entity or
2 subgrantee shall refer the victim or dependent to
3 other victim services, instead of restorative practices.
4 ‘‘(f) NONDISCLOSURE OF CONFIDENTIAL OR PRI-
5 VATE INFORMATION.—For the purpose of section
6 40002(b)(2), an individual described in subsection
7 (a)(3)(C) shall be considered a person receiving services.
8 ‘‘(g) RELATION TO CRIMINAL JUSTICE INTERVEN-
9 TION.—Restorative practices performed with funds award-
10 ed under this section are not intended to function as a
11 replacement for criminal justice intervention for a specific
12 harm.
13 ‘‘(h) REPORTS.—
14 ‘‘(1) REPORT TO DIRECTOR.—As a part of the
15 report required to be submitted under section
16 40002(b)(6), an eligible entity that receives a grant
17 under this section shall annually submit to the Di-
18 rector information relating to the effectiveness of the
19 restorative practices carried out with amounts from
20 the grant, including—
21 ‘‘(A) the number of individuals for whom
22 the eligible entity supported a restorative prac-
23 tice;
24 ‘‘(B) if applicable, the number of individ-
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1 ‘‘(i) sought restorative practices from
2 the eligible entity; and
3 ‘‘(ii) the eligible entity could not
4 serve;
5 ‘‘(C) if applicable, the number of individ-
6 uals—
7 ‘‘(i) who sought restorative practice
8 training;
9 ‘‘(ii) who received restorative practice
10 training;
11 ‘‘(iii) who provided restorative practice
12 training; and
13 ‘‘(iv) to whom the eligible entity could
14 not provide restorative practice training;
15 ‘‘(D) a victim evaluation component that is
16 documented through survey or interview, includ-
17 ing the satisfaction of victims of a harm with
18 the restorative practice services;
19 ‘‘(E) if applicable, the number of individ-
20 uals who committed a harm and—
21 ‘‘(i) successfully completed and exe-
22 cuted a written course of action plan;
23 ‘‘(ii) failed to successfully complete
24 and execute a written course of action
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1 ‘‘(iii) were involved in a criminal or
2 civil complaint involving domestic violence,
3 dating violence, sexual assault, or stalking
4 against the victims or victims during the
5 course of the restorative practice process;
6 and
7 ‘‘(F) any other qualitative or quantitative
8 information determined by the Director.
9 ‘‘(2) REPORT TO CONGRESS.—Not later than 2
10 years after the date of enactment of this section,
11 and biennially thereafter, the Director shall submit
12 to Congress a report that summarizes the reports re-
13 ceived by the Director under paragraph (1).
14 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There
15 are authorized to be appropriated to the Director such
16 sums as may be necessary for each of fiscal years 2023
17 through 2027 to carry out this section.’’.
18 (b) CLERICAL AMENDMENT.—The table of contents
19 in section 2 of the Violent Crime Control and Law En-
20 forcement Act of 1994 (Public Law 103–322) is amended
21 by inserting after the item relating to section 41601 the
22 following:
‘‘Subtitle R—Restorative Practices
‘‘Sec. 41801. Pilot program on restorative practices.’’.
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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)(2)(C)(iii), by inserting ‘‘di-
8 rect payments,’’ before ‘‘and comprehensive’’;
9 (2) in subsection (c)—
10 (A) in paragraph (4)—
11 (i) by striking ‘‘(4) DISTRIBUTION’’
12 and all that follows through ‘‘The Attorney
13 General’’ and inserting the following:
14 ‘‘(4) DISTRIBUTION.—The Attorney General’’;
15 and
16 (ii) by striking subparagraph (B);
17 (B) by redesignating paragraph (6) as
18 paragraph (7); and
19 (C) by inserting after paragraph (5) the
20 following:
21 ‘‘(6) TECHNICAL ASSISTANCE.—The Attorney
22 General shall provide technical assistance to recipi-
23 ents of grants under this subsection by entering into
24 a cooperative agreement or contract with a national,
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1 zations whose primary focus and expertise is in ad-
2 dressing sexual assault within culturally specific
3 communities.’’; and
4 (3) in subsection (f)—
5 (A) in paragraph (1), by striking
6 ‘‘$40,000,000 to remain available until ex-
7 pended for each of fiscal years 2014 through
8 2018’’ and inserting ‘‘$100,000,000 to remain
9 available until expended for each of fiscal years
10 2023 through 2027’’; and
11 (B) in paragraph (2)(B)—
12 (i) by striking ‘‘2.5’’ and inserting
13 ‘‘8’’; and
14 (ii) by striking the semicolon at the
15 end and inserting ‘‘of which not less than
16 20 percent shall be available for technical
17 assistance to recipients and potential re-
18 cipients of grants under subsection (c);’’.
19 SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE,
20 SEXUAL ASSAULT, STALKING, AND CHILD
21 ABUSE ENFORCEMENT ASSISTANCE PRO-
22 GRAM.
23 Section 40295 of the Violence Against Women Act
24 of 1994 (34 U.S.C. 12341) is amended—
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25 (1) in subsection (a)—
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1 (A) in paragraph (2), by striking ‘‘and’’ at
2 the end;
3 (B) in paragraph (3)(B), by striking the
4 period at the end and inserting ‘‘; and’’; and
5 (C) by adding at the end the following:
6 ‘‘(4) to develop, expand, implement, and im-
7 prove the quality of sexual assault forensic medical
8 examination or sexual assault nurse examiner pro-
9 grams.’’;
10 (2) in subsection (b)—
11 (A) in paragraph (4), by striking the pe-
12 riod at the end and inserting a semicolon; and
13 (B) in paragraph (5)—
14 (i) by inserting after ‘‘by the lack of
15 access to’’ the following: ‘‘quality forensic
16 sexual assault examinations by trained
17 health care providers,’’; and
18 (ii) by striking ‘‘shelters and’’ and in-
19 serting ‘‘shelters, and’’; and
20 (3) in subsection (e)(1), by striking
21 ‘‘$50,000,000 for each of fiscal years 2014 through
22 2018’’ and inserting ‘‘$100,000,000 for each of fis-
23 cal years 2023 through 2027’’.
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1 SEC. 203. GRANTS FOR TRAINING AND SERVICES TO END
2 VIOLENCE AGAINST INDIVIDUALS WITH DIS-
3 ABILITIES AND DEAF PEOPLE.
4 Section 1402 of division B of the Victims of Traf-
5 ficking and Violence Protection Act of 2000 (34 U.S.C.
6 20122) is amended—
7 (1) in the heading—
8 (A) by striking ‘‘WOMEN’’ and inserting
9 ‘‘INDIVIDUALS’’; and
10 (B) by inserting after ‘‘DISABILITIES’’
11 the following: ‘‘AND DEAF PEOPLE’’;
12 (2) in subsection (a)(1)—
13 (A) by striking ‘‘and sexual assault’’ and
14 inserting ‘‘sexual assault, and abuse by care-
15 givers’’; and
16 (B) by inserting after ‘‘with disabilities (as
17 defined in section 3 of the Americans with Dis-
18 abilities Act of 1990 (42 U.S.C. 12102))’’ the
19 following: ‘‘and Deaf people’’;
20 (3) in subsection (b)—
21 (A) by striking ‘‘disabled individuals’’ each
22 place it appears and inserting ‘‘individuals with
23 disabilities and Deaf people’’;
24 (B) in paragraph (3), by inserting after
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25 ‘‘law enforcement’’ the following: ‘‘and other
26 first responders’’; and
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1 (C) in paragraph (8), by striking ‘‘pro-
2 viding advocacy and intervention services with-
3 in’’ and inserting ‘‘to enhance the capacity of’’;
4 and
5 (4) in subsection (e)—
6 (A) by striking ‘‘$9,000,000’’ and inserting
7 ‘‘$15,000,000’’; and
8 (B) by striking ‘‘2014 through 2018’’ and
9 inserting ‘‘2023 through 2027’’.
10 SEC. 204. TRAINING AND SERVICES TO END ABUSE IN
11 LATER LIFE.
12 Subtitle H of the Violence Against Women Act of
13 1994 (34 U.S.C. 12421 et seq.) is amended—
14 (1) in the subtitle heading, by striking ‘‘En-
15 hanced Training’’ and inserting ‘‘Training’’;
16 and
17 (2) in section 40801 (34 U.S.C. 12421)—
18 (A) in the section heading, by striking
19 ‘‘ENHANCED TRAINING’’ and inserting
20 ‘‘TRAINING’’;
21 (B) by striking subsection (a); and
22 (C) in subsection (b)—
23 (i) by striking ‘‘(b) GRANT PRO-
24 GRAM.—’’ and all that follows through
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1 ‘‘The Attorney General shall make grants
2 to eligible entities in accordance with the
3 following:’’;
4 (ii) by redesignating paragraphs (2)
5 through (5) as paragraphs (1) through (4),
6 respectively;
7 (iii) in paragraph (1), as so redesig-
8 nated—
9 (I) by striking ‘‘, including do-
10 mestic violence, dating violence, sexual
11 assault, stalking, exploitation, and ne-
12 glect’’ each place it appears;
13 (II) in subparagraph (A)—
14 (aa) in clause (i)—
15 (AA) by striking ‘‘elder
16 abuse’’ and inserting ‘‘abuse
17 in later life’’; and
18 (BB) by striking ‘‘vic-
19 tim advocates, and’’ and in-
20 serting ‘‘victim advocates,
21 or’’; and
22 (bb) in clause (iv), by strik-
23 ing ‘‘advocates, victim service
24 providers, and courts to better
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1 life’’ and inserting ‘‘leaders, vic-
2 tim advocates, victim service pro-
3 viders, courts, and first respond-
4 ers to better serve older victims’’;
5 and
6 (III) in subparagraph (B)—
7 (aa) in clause (i), by striking
8 ‘‘or other community-based orga-
9 nizations in recognizing and ad-
10 dressing instances of abuse in
11 later life’’ and inserting ‘‘commu-
12 nity-based organizations, or other
13 professionals who may identify or
14 respond to abuse in later life’’;
15 and
16 (bb) in clause (ii), by strik-
17 ing ‘‘elder abuse and’’;
18 (iv) in paragraph (2), as so redesig-
19 nated—
20 (I) in subparagraph (A)—
21 (aa) in clause (iv), by strik-
22 ing ‘‘with demonstrated experi-
23 ence in assisting individuals over
24 50 years of age’’; and
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1 (bb) in clause (v), by strik-
2 ing ‘‘with demonstrated experi-
3 ence in addressing domestic vio-
4 lence, dating violence, sexual as-
5 sault, and stalking’’; and
6 (II) in subparagraph (B)(iv), by
7 striking ‘‘in later life;’’ and inserting
8 ‘‘50 years of age or over.’’; and
9 (v) in paragraph (4), as so redesig-
10 nated—
11 (I) by striking ‘‘$9,000,000’’ and
12 inserting ‘‘$10,000,000’’; and
13 (II) by striking ‘‘2014 through
14 2018’’ and inserting ‘‘2023 through
15 2027’’.
16 SEC. 205. ABBY HONOLD ACT.
17 (a) SHORT TITLE.—This section may be cited as the
18 ‘‘Abby Honold Act’’.
19 (b) AMENDMENT.—Title IV of the Violent Crime
20 Control and Law Enforcement Act of 1994 (34 U.S.C.
21 12291 et seq.) is amended by adding at the end the fol-
22 lowing:
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1 ‘‘Subtitle Q—Trauma-Informed,
2 Victim-Centered Training for
3 Law Enforcement
4 ‘‘SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-IN-
5 FORMED, VICTIM-CENTERED TRAINING FOR
6 LAW ENFORCEMENT.
7 ‘‘(a) DEFINITIONS.—In this section—
8 ‘‘(1) the term ‘Attorney General’ means the At-
9 torney General, acting through the Director of the
10 Office on Violence Against Women;
11 ‘‘(2) the term ‘covered individual’ means an in-
12 dividual who interfaces with victims of domestic vio-
13 lence, dating violence, sexual assault, and stalking,
14 including—
15 ‘‘(A) an individual working for or on behalf
16 of an eligible entity;
17 ‘‘(B) an administrator or personnel of a
18 school, university, or other educational program
19 or activity (including a campus police officer or
20 a school resource officer); and
21 ‘‘(C) an emergency services or medical em-
22 ployee;
23 ‘‘(3) the term ‘demonstration site’, with respect
24 to an eligible entity that receives a grant under this
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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.
11 ‘‘(4) the term ‘eligible entity’ means a State,
12 local, territorial, or Tribal law enforcement agency;
13 and
14 ‘‘(5) the term ‘mandatory partner’ means a na-
15 tional, regional, or local victim services organization
16 or agency working in collaboration with a law en-
17 forcement agency described in paragraph (4).
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 collaborate with their mandatory partners to
22 carry out the demonstration program under this sec-
23 tion by implementing evidence-based or promising
24 investigative policies and practices to incorporate
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1 trauma-informed, victim-centered techniques de-
2 signed to—
3 ‘‘(A) prevent re-traumatization of the vic-
4 tim;
5 ‘‘(B) ensure that covered individuals use
6 evidence-based practices to respond to and in-
7 vestigate cases of domestic violence, dating vio-
8 lence, sexual assault, and stalking;
9 ‘‘(C) improve communication between vic-
10 tims and law enforcement officers in an effort
11 to increase the likelihood of the successful in-
12 vestigation and prosecution of the reported
13 crime in a manner that protects the victim to
14 the greatest extent possible;
15 ‘‘(D) increase collaboration among stake-
16 holders who are part of the coordinated commu-
17 nity response to domestic violence, dating vio-
18 lence, sexual assault, and stalking; and
19 ‘‘(E) evaluate the effectiveness of the
20 training process and content.
21 ‘‘(2) AWARD BASIS.—The Attorney General
22 shall award grants under this section to multiple eli-
23 gible entities for use in a variety of settings and
24 communities, including—
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1 ‘‘(A) urban, suburban, Tribal, remote, and
2 rural areas;
3 ‘‘(B) college campuses; or
4 ‘‘(C) traditionally underserved commu-
5 nities.
6 ‘‘(c) USE OF FUNDS.—An eligible entity that receives
7 a grant under this section shall use the grant to—
8 ‘‘(1) train covered individuals within the dem-
9 onstration site of the eligible entity to use evidence-
10 based, trauma-informed, and victim-centered tech-
11 niques and knowledge of crime victims’ rights
12 throughout an investigation into domestic violence,
13 dating violence, sexual assault, or stalking, including
14 by—
15 ‘‘(A) conducting victim interviews in a
16 manner that—
17 ‘‘(i) elicits valuable information about
18 the domestic violence, dating violence, sex-
19 ual assault, or stalking; and
20 ‘‘(ii) avoids re-traumatization of the
21 victim;
22 ‘‘(B) conducting field investigations that
23 mirror best and promising practices available at
24 the time of the investigation;
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1 ‘‘(C) customizing investigative approaches
2 to ensure a culturally and linguistically appro-
3 priate approach to the community being served;
4 ‘‘(D) becoming proficient in understanding
5 and responding to complex cases, including
6 cases of domestic violence, dating violence, sex-
7 ual assault, or stalking—
8 ‘‘(i) facilitated by alcohol or drugs;
9 ‘‘(ii) involving strangulation;
10 ‘‘(iii) committed by a non-stranger;
11 ‘‘(iv) committed by an individual of
12 the same sex as the victim;
13 ‘‘(v) involving a victim with a dis-
14 ability;
15 ‘‘(vi) involving a male victim; or
16 ‘‘(vii) involving a lesbian, gay, bisex-
17 ual, or transgender (commonly referred to
18 as ‘LGBT’) victim;
19 ‘‘(E) developing collaborative relationships
20 between—
21 ‘‘(i) law enforcement officers and
22 other members of the response team; and
23 ‘‘(ii) the community being served; and
24 ‘‘(F) developing an understanding of how
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1 port of domestic violence, dating violence, sex-
2 ual assault, or stalking; and
3 ‘‘(2) promote the efforts of the eligible entity to
4 improve the response of covered individuals to do-
5 mestic violence, dating violence, sexual assault, and
6 stalking through various communication channels,
7 such as the website of the eligible entity, social
8 media, print materials, and community meetings, in
9 order to ensure that all covered individuals within
10 the demonstration site of the eligible entity are
11 aware of those efforts and included in trainings, to
12 the extent practicable.
13 ‘‘(d) DEMONSTRATION PROGRAM TRAININGS ON
14 TRAUMA-INFORMED, VICTIM-CENTERED APPROACHES.—
15 ‘‘(1) IDENTIFICATION OF EXISTING
16 TRAININGS.—
17 ‘‘(A) IN GENERAL.—The Attorney General
18 shall identify trainings for law enforcement offi-
19 cers, in existence as of the date on which the
20 Attorney General begins to solicit applications
21 for grants under this section, that—
22 ‘‘(i) employ a trauma-informed, vic-
23 tim-centered approach to domestic violence,
24 dating violence, sexual assault, and stalk-
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1 ‘‘(ii) focus on the fundamentals of—
2 ‘‘(I) trauma responses;
3 ‘‘(II) the impact of trauma on
4 victims of domestic violence, dating vi-
5 olence, sexual assault, and stalking;
6 and
7 ‘‘(III) techniques for effectively
8 investigating domestic violence, dating
9 violence, sexual assault, and stalking.
10 ‘‘(B) SELECTION.—An eligible entity that
11 receives a grant under this section shall select
12 one or more of the approaches employed by a
13 training identified under subparagraph (A) to
14 test within the demonstration site of the eligible
15 entity.
16 ‘‘(2) CONSULTATION.—In carrying out para-
17 graph (1), the Attorney General shall consult with
18 the Director of the Office for Victims of Crime in
19 order to seek input from and cultivate consensus
20 among outside practitioners and other stakeholders
21 through facilitated discussions and focus groups on
22 best practices in the field of trauma-informed, vic-
23 tim-centered care for victims of domestic violence,
24 dating violence, sexual 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.—There
19 are authorized to be appropriated to the Attorney General
20 $5,000,000 for each of fiscal years 2023 through 2027
21 to carry out this section.
22 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
23 tion shall be construed to interfere with the due process
24 rights of any individual.’’.
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1 SEC. 206. LGBT SPECIFIC SERVICES PROGRAM.
2 (a) ESTABLISHMENT.—The Attorney General, acting
3 through the Director of the Violence Against Women Of-
4 fice (referred to in this section as the ‘‘Director’’), shall
5 make grants to eligible entities to enhance lesbian, gay,
6 bisexual, and transgender (referred to in this section as
7 ‘‘LGBT’’) specific services for victims of domestic violence,
8 dating violence, sexual assault and stalking.
9 (b) PURPOSE OF PROGRAM AND GRANTS .—
10 (1) GENERAL PROGRAM PURPOSE.—The pur-
11 pose of the program required by this section is to
12 promote the following:
13 (A) The maintenance and replication of ex-
14 isting successful LGBT specific domestic vio-
15 lence, dating violence, sexual assault, and stalk-
16 ing community-based programs providing serv-
17 ices and resources for LGBT victims of domes-
18 tic violence, dating violence, sexual assault, and
19 stalking.
20 (B) The development of innovative LGBT
21 specific strategies and projects to enhance ac-
22 cess to services and resources for LGBT victims
23 of domestic violence, dating violence, sexual as-
24 sault, and stalking who face obstacles to using
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1 (2) PURPOSES FOR WHICH GRANTS MAY BE
2 USED.—The Director shall make grants to commu-
3 nity-based programs for the purpose of enhancing
4 LGBT specific services for victims of domestic vio-
5 lence, dating violence, sexual assault, and stalking.
6 Grants under the program shall support community-
7 based efforts to address distinctive LGBT specific
8 responses to domestic violence, dating violence, sex-
9 ual assault, and stalking, including—
10 (A) providing or enhancing services for
11 LGBT victims of domestic violence, dating vio-
12 lence, sexual assault, or stalking, including
13 services that address the safety, emotional well-
14 being, economic, housing, legal and workplace
15 needs of LGBT victims;
16 (B) supporting programs that specifically
17 address underserved LGBT communities, in-
18 cluding culturally specific communities, to pro-
19 vide specific resources and support for LGBT
20 underserved victims of domestic violence, dating
21 violence, sexual assault, and stalking;
22 (C) working in cooperation with the com-
23 munity to develop education and prevention
24 strategies highlighting LGBT specific issues
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1 lence, dating violence, sexual assault, and stalk-
2 ing;
3 (D) conducting outreach activities to en-
4 sure that LGBT people who are victims of do-
5 mestic violence, dating violence, stalking, or
6 sexual assault receive appropriate assistance;
7 (E) providing training for victim service
8 providers, governmental agencies, courts, law
9 enforcement and other first responders, and
10 nonprofit, nongovernmental organizations serv-
11 ing the LGBT community about risk reduction,
12 intervention, prevention, and the nature of do-
13 mestic violence, dating violence, stalking, and
14 sexual assault;
15 (F) developing and implementing LGBT
16 specific programming that focuses on victim au-
17 tonomy, agency, and safety in order to provide
18 resolution and restitution for the victim; and
19 (G) providing LGBT specific programs for
20 the non-offending LGBT parents of children ex-
21 posed to domestic violence, dating violence, sex-
22 ual assault, and stalking.
23 (3) TECHNICAL ASSISTANCE AND TRAINING.—
24 The Director shall provide technical assistance and
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1 under this Act regarding the development and provi-
2 sion of effective LGBT specific community-based
3 services by entering into cooperative agreements or
4 contracts with an organization or organizations hav-
5 ing a demonstrated expertise in and whose primary
6 purpose is addressing the development and provision
7 of LGBT specific community-based services to vic-
8 tims of domestic violence, dating violence, sexual as-
9 sault, and stalking.
10 (c) ELIGIBLE ENTITIES.—Eligible entities for grants
11 under this section include—
12 (1) community-based organizations, the primary
13 purpose of which is providing LGBT specific services
14 to victims of domestic violence, dating violence, sex-
15 ual assault, and stalking; and
16 (2) community-based organizations, the primary
17 purpose of which is providing LGBT specific services
18 that can partner with a program having dem-
19 onstrated expertise in serving victims of domestic vi-
20 olence, dating violence, sexual assault, and stalking,
21 and that agrees to receive technical assistance from
22 a program with LGBT specific expertise.
23 (d) REPORTING.—The Director shall issue a biennial
24 report on the distribution of funding under this section,
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1 services to LGBT victims of domestic violence, dating vio-
2 lence, sexual assault, and stalking and the types of LGBT
3 specific programs, strategies, technical assistance, and
4 training developed or enhanced through this program.
5 (e) EVALUATION.—The Director shall award a con-
6 tract or cooperative agreement to evaluate programs under
7 this section to an entity with the demonstrated expertise
8 in and primary goal of providing enhanced access to serv-
9 ices and resources for victims of domestic violence, dating
10 violence, sexual assault, and stalking who face obstacles
11 to using more traditional services and resources.
12 (f) NON-EXCLUSIVITY.—Nothing in this section shall
13 be construed to exclude LGBT community-based organiza-
14 tions from applying to other grant programs authorized
15 under this Act.
16 (g) AUTHORIZATION OF APPROPRIATIONS.—There
17 are authorized to be appropriated to carry out this section
18 $8,000,000 for each of fiscal years 2023 through 2027,
19 to remain available until expended.
20 TITLE III—SERVICES, PROTEC-
21 TION, AND JUSTICE FOR
22 YOUNG VICTIMS
23 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
24 Section 393A of the Public Health Service Act (42
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25 U.S.C. 280b–1b) is amended—
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1 (1) in subsection (a)—
2 (A) in paragraph (2), by inserting before
3 the semicolon at the end the following ‘‘or utili-
4 zation of other communication technologies for
5 purposes related to such a hotline’’;
6 (B) in paragraph (3), by striking ‘‘profes-
7 sionals’’ and inserting ‘‘professionals, including
8 school-based professionals, to identify and refer
9 students who may have experienced or are at
10 risk of experiencing sexual violence’’; and
11 (C) in paragraph (7)—
12 (i) by striking ‘‘sexual assault’’ and
13 inserting ‘‘sexual violence, sexual assault,
14 and sexual harassment’’; and
15 (ii) by inserting ‘‘and Deaf individ-
16 uals’’ before the period at the end;
17 (2) in subsection (b), by striking ‘‘Indian trib-
18 al’’ and inserting ‘‘Indian Tribal’’;
19 (3) by redesignating subsection (c) and (d) as
20 subsections (d) and (e), respectively;
21 (4) by inserting the following new subsection
22 after subsection (b):
23 ‘‘(c) MEANINGFUL INVOLVEMENT OF STATE SEXUAL
24 ASSAULT COALITIONS, CULTURALLY SPECIFIC ORGANI-
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1 ing funds to States under this section, the Secretary shall
2 set forth procedures designed to ensure meaningful in-
3 volvement of sexual assault coalitions, culturally specific
4 organizations, and representatives from underserved com-
5 munities of the State or territory in the application for,
6 and implementation of, funding.’’;
7 (5) in subsection (d) (as redesignated by para-
8 graph (3))—
9 (A) in paragraph (1), by striking
10 ‘‘$50,000,000 for each of fiscal years 2014
11 through 2018’’ and inserting ‘‘$100,000,000
12 for each of fiscal years 2023 through 2027’’;
13 (B) in paragraph (3), by adding at the end
14 the following: ‘‘Not less than 80 percent of the
15 total amount made available under this sub-
16 section in each fiscal year shall be awarded in
17 accordance with this paragraph.’’; and
18 (C) by adding at the end the following:
19 ‘‘(4) STATE, TERRITORIAL, AND TRIBAL SEX-
20 UAL ASSAULT COALITION ALLOTMENT.—
21 ‘‘(A) IN GENERAL.—Of the total amount
22 appropriated under this subsection for a fiscal
23 year, not less than 15 percent shall be allocated
24 to State, territorial, and Tribal sexual assault
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1 providing prevention activities, providing assist-
2 ance to prevention programs, and collaborating
3 and coordinating with applicable Federal, State,
4 Tribal, and local entities engaged in sexual vio-
5 lence prevention, in accordance with this para-
6 graph.
7 ‘‘(B) ALLOCATIONS.—Of the total amount
8 appropriated under this subsection and allo-
9 cated to making awards to sexual assault coali-
10 tions, as described in subparagraph (A), for a
11 fiscal year—
12 ‘‘(i) not less than 10 percent shall be
13 made available to Tribal sexual assault
14 coalitions; and
15 ‘‘(ii) any remaining amounts shall be
16 made available, in equal amounts, to each
17 State coalition and each territorial coali-
18 tion.
19 ‘‘(C) CLARIFICATION.—Receipt of an
20 award under this subsection by a sexual assault
21 coalition shall not preclude the coalition from
22 receiving additional grants or administering
23 funds to carry out the purposes described in
24 subsection (a).’’; and
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1 ‘‘(f) REPORT.—Not later than 1 year after the date
2 of the enactment of the Violence Against Women Act Re-
3 authorization Act of 2022, the Secretary, acting through
4 the Director of the Centers for Disease Control and Pre-
5 vention, shall submit to the Committee on Appropriations,
6 the Committee on Energy and Commerce, and the Com-
7 mittee on the Judiciary of the House of Representatives
8 and the Committee on Appropriations, the Committee on
9 Health, Education, Labor, and Pensions, and the Com-
10 mittee on the Judiciary of the Senate a report on the ac-
11 tivities funded by grants awarded under this section and
12 best practices relating to rape prevention and education.’’.
13 SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS,
14 SERVICES, AND EDUCATION (CHOOSE) FOR
15 CHILDREN AND YOUTH.
16 Section 41201 of the Violence Against Women Act
17 of 1994 (34 U.S.C. 12451) is amended—
18 (1) in subsection (b)—
19 (A) in paragraph (1)—
20 (i) in the matter preceding subpara-
21 graph (A), in the first sentence, by striking
22 ‘‘target youth who are victims of domestic
23 violence, dating violence, sexual assault,
24 stalking, and sex trafficking’’ and inserting
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1 served populations, who are victims of do-
2 mestic violence, dating violence, sexual as-
3 sault, stalking, and sex trafficking’’;
4 (ii) in subparagraph (B), by striking
5 ‘‘or’’ at the end;
6 (iii) in subparagraph (C), by striking
7 the period at the end and inserting a semi-
8 colon; and
9 (iv) by inserting after subparagraph
10 (C) the following:
11 ‘‘(D) clarify State or local mandatory re-
12 porting policies and practices regarding peer-
13 on-peer dating violence, sexual assault, stalking,
14 and sex trafficking; or
15 ‘‘(E) develop, enlarge, or strengthen cul-
16 turally specific victim services and responses re-
17 lated to, and prevention of, female genital muti-
18 lation or cutting.’’;
19 (B) in paragraph (2)—
20 (i) in subparagraph (A), by striking
21 ‘‘stalking, or sex trafficking’’ and inserting
22 ‘‘stalking, sex trafficking, or female genital
23 mutilation or cutting’’;
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1 (ii) in subparagraph (C), by inserting
2 ‘‘confidential’’ before ‘‘support services’’;
3 and
4 (iii) in subparagraph (E), by inserting
5 after ‘‘programming for youth’’ the fol-
6 lowing: ‘‘, including youth in underserved
7 populations,’’; and
8 (C) by adding at the end the following:
9 ‘‘(3) CHILDREN EXPOSED TO VIOLENCE AND
10 ABUSE.—To develop, maintain, or enhance programs
11 designed to prevent future incidents of domestic vio-
12 lence, dating violence, sexual assault, and stalking
13 by preventing, reducing and responding to children’s
14 exposure to violence in the home, including by—
15 ‘‘(A) providing services for children ex-
16 posed to domestic violence, dating violence, sex-
17 ual assault or stalking, including—
18 ‘‘(i) direct counseling or advocacy; and
19 ‘‘(ii) support for the non-abusing par-
20 ent; and
21 ‘‘(B) training and coordination for edu-
22 cational, after-school, and childcare programs
23 on how to—
24 ‘‘(i) safely and confidentially identity
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1 violence, dating violence, sexual assault, or
2 stalking; and
3 ‘‘(ii) properly refer children exposed
4 and their families to services and violence
5 prevention programs.
6 ‘‘(4) TEEN DATING VIOLENCE AWARENESS AND
7 PREVENTION.—To develop, maintain, or enhance
8 programs that change attitudes and behaviors
9 around the acceptability of domestic violence, dating
10 violence, sexual assault, and stalking and provide
11 education and skills training to young individuals
12 and individuals who influence young individuals,
13 which—
14 ‘‘(A) may include the use evidenced-based,
15 evidence-informed, or innovative strategies and
16 practices focused on youth; and
17 ‘‘(B) shall include—
18 ‘‘(i) age and developmentally-appro-
19 priate education on—
20 ‘‘(I) domestic violence;
21 ‘‘(II) dating violence;
22 ‘‘(III) sexual assault;
23 ‘‘(IV) stalking;
24 ‘‘(V) sexual coercion; and
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1 ‘‘(VI) healthy relationship skills,
2 in school, in the community, or in
3 health care settings;
4 ‘‘(ii) community-based collaboration
5 and training for individuals with influence
6 on youth, such as parents, teachers, coach-
7 es, healthcare providers, faith leaders,
8 older teens, and mentors;
9 ‘‘(iii) education and outreach to
10 change environmental factors contributing
11 to domestic violence, dating violence, sex-
12 ual assault, and stalking; and
13 ‘‘(iv) policy development targeted to
14 prevention, including school-based policies
15 and protocols.’’;
16 (2) in subsection (c)—
17 (A) in paragraph (1)(A)—
18 (i) by inserting ‘‘organization’’ after
19 ‘‘tribal nonprofit’’; and
20 (ii) by inserting ‘‘Native Hawaiian or-
21 ganization, urban Indian organization,’’ be-
22 fore ‘‘or population-specific community-
23 based organization’’; 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 (3) in subsection (d)(3), by striking the period
5 at the end and inserting ‘‘, including training on
6 working with youth victims of domestic violence, dat-
7 ing violence, sexual assault, or sex trafficking in un-
8 derserved populations, if such youth are among
9 those being served.’’; and
10 (4) in subsection (f), by striking ‘‘$15,000,000
11 for each of fiscal years 2014 through 2018’’ and in-
12 serting ‘‘$30,000,000 for each of fiscal years 2023
13 through 2027’’.
14 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM-
15 PUSES.
16 (a) IN GENERAL.—Section 304 of the Violence
17 Against Women and Department of Justice Reauthoriza-
18 tion Act of 2005 (34 U.S.C. 20125) is amended—
19 (1) in subsection (a)—
20 (A) by striking paragraph (2); and
21 (B) by redesignating paragraph (3) as
22 paragraph (2);
23 (2) in subsection (b)—
24 (A) by amending paragraph (2) to read as
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1 ‘‘(2) To develop, strengthen, and implement
2 campus policies, protocols, and services that more ef-
3 fectively identify and respond to the crimes of do-
4 mestic violence, dating violence, sexual assault, and
5 stalking, including the use of technology to commit
6 these crimes, and to train campus administrators,
7 campus security personnel, and all participants in
8 the resolution process, including personnel from the
9 Title IX coordinator’s office, student conduct office,
10 and campus disciplinary or judicial boards on such
11 policies, protocols, and services that promote a
12 prompt, fair, and impartial investigation.’’;
13 (B) by amending paragraph (3) to read as
14 follows:
15 ‘‘(3) To provide prevention and education pro-
16 gramming about domestic violence, dating violence,
17 sexual assault, and stalking, including technological
18 abuse and reproductive and sexual coercion, that is
19 age-appropriate, culturally relevant, ongoing, deliv-
20 ered in multiple venues on campus, accessible, pro-
21 motes respectful nonviolent behavior as a social
22 norm, and engages men and boys. Such program-
23 ming should be developed in partnership or collabo-
24 ratively with experts in intimate partner and sexual
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1 (C) in paragraph (9), by striking ‘‘and pro-
2 vide’’ and inserting ‘‘, provide, and dissemi-
3 nate’’;
4 (D) in paragraph (10), by inserting after
5 ‘‘or adapt’’ the following: ‘‘and disseminate’’;
6 and
7 (E) 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 assault, domestic violence, dating violence,
24 or stalking, in a manner that is focused on the expe-
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1 blame the reported victim for the alleged crime, and
2 that is informed by evidence-based research on trau-
3 ma response. To the extent practicable, campus per-
4 sonnel shall allow the reported victim to participate
5 in a recorded interview and to receive a copy of the
6 recorded interview.
7 ‘‘(13) To develop and implement restorative
8 practices (as defined in section 40002(a) of the Vio-
9 lence Against Women Act of 1994 (34 U.S.C.
10 12291(a))).’’;
11 (3) in subsection (c)(3), by striking ‘‘2014
12 through 2018’’ and inserting ‘‘2023 through 2027’’;
13 (4) in subsection (d)—
14 (A) in paragraph (3)—
15 (i) in subparagraph (B), by striking
16 ‘‘for all incoming students’’ and inserting
17 ‘‘for all students’’; and
18 (ii) by striking subparagraph (D) and
19 inserting the following:
20 ‘‘(D) The grantee shall train all partici-
21 pants in the resolution process, including the
22 campus disciplinary board, the title IX coordi-
23 nator’s office, and the student conduct office, to
24 respond effectively to situations involving do-
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1 mestic violence, dating violence, sexual assault,
2 or stalking.’’; and
3 (B) in paragraph (4)(C), by inserting after
4 ‘‘sex,’’ the following: ‘‘sexual orientation, gender
5 identity,’’; and
6 (5) in subsection (e), by striking ‘‘$12,000,000
7 for each of fiscal years 2014 through 2018’’ and in-
8 serting ‘‘$15,000,000 for each of fiscal years 2023
9 through 2027, of which not less than 10 percent
10 shall be made available for grants to historically
11 Black colleges and universities’’.
12 (b) REPORT ON BEST PRACTICES REGARDING DO-
13 MESTIC VIOLENCE, DATING VIOLENCE, SEXUAL AS-
14 SAULT, AND STALKING ON CAMPUSES.—Not later than 1
15 year after the date of enactment of this Act, the Secretary
16 of Education shall submit to Congress a report, which
17 shall include—
18 (1) an evaluation of programs, events, and edu-
19 cational materials related to domestic violence, dat-
20 ing violence, sexual assault, and stalking; and
21 (2) an assessment of best practices and guid-
22 ance from the evaluation described in paragraph (1),
23 which shall be made publicly available online to uni-
24 versities and college campuses to use as a resource.
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1 SEC. 304. STUDY ON STATE COVERAGE OF FORENSIC EX-
2 AMINATIONS AND RELATED COSTS FOL-
3 LOWING A SEXUAL ASSAULT.
4 Not later than 270 days after the date of enactment
5 of this Act, the Comptroller General of the United States
6 shall issue a report to Congress on requirements and fund-
7 ing of States for forensic exams conducted after sexual
8 assaults and any related medical expenses, as applicable,
9 which shall include, with respect to each State—
10 (1) the total annual cost of conducting forensic
11 exams described in section 2010(b) of part T of title
12 I of the Omnibus Crime Control and Safe Streets
13 Act of 1968 (34 U.S.C. 10449(b));
14 (2) each funding source used to pay for the fo-
15 rensic exams described in section 2010(b) of part T
16 of title I of the Omnibus Crime Control and Safe
17 Streets Act of 1968 (34 U.S.C. 10449(b));
18 (3) a description of any laws or policies of the
19 State to ensure that individuals do not receive bills
20 for all or part of the cost of forensic exams con-
21 ducted after sexual assaults, consistent with section
22 2010(b) of part T of title I of the Omnibus Crime
23 Control and Safe Streets Act of 1968 (34 U.S.C.
24 10449(b)), including any oversight to ensure those
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1 (4) an identification of any best practices imple-
2 mented by the State to ensure that individuals do
3 not receive bills for forensic exams conducted after
4 sexual assaults;
5 (5) any requirements under laws of the State
6 relating to payment for medical expenses and ancil-
7 lary costs relating to a sexual assault, which may in-
8 clude treatment of injuries associated with the as-
9 sault, imaging (including x-rays, MRIs, and CAT
10 scans), and other emergency medical care required
11 as a result of the sexual assault for which a victim
12 receives a forensic exam; and
13 (6) if a law of the State requires the State to
14 pay for the medical expenses described in paragraph
15 (5)—
16 (A) a detailed list of which medical ex-
17 penses require coverage;
18 (B) the total annual cost of medical ex-
19 penses relating to a sexual assault for which a
20 victim receives a forensic exam outside of the
21 cost of the forensic exam; and
22 (C) each funding source the State uses to
23 pay for medical expenses relating to a sexual
24 assault for which a victim receives a forensic
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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 ‘‘the fiscal
12 years 2014 through 2018’’ and inserting ‘‘fiscal
13 years 2023 through 2027’’.
14 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES
15 THROUGH PREVENTION (SMART PREVEN-
16 TION) GRANTS.
17 Section 41303 of the Violence Against Women Act
18 of 1994 (34 U.S.C. 12463) is amended—
19 (1) in subsection (a), by striking ‘‘taking a
20 comprehensive approach that focuses on youth, chil-
21 dren exposed to violence, and men’’ and inserting
22 ‘‘focusing on men and youth’’;
23 (2) in subsection (b)—
24 (A) by striking ‘‘for the following pur-
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1 GAGING MEN AS LEADERS AND MODELS.—To
2 develop’’ and inserting ‘‘to develop’’; and
3 (B) by inserting ‘‘and youth’’ after ‘‘men’’
4 the first 2 times it appears;
5 (3) in subsection (d)(3)—
6 (A) in subparagraph (A), by striking
7 ‘‘and’’ at the end;
8 (B) in subparagraph (B), by striking the
9 period at the end and inserting ‘‘; and’’; and
10 (C) by adding at the end the following:
11 ‘‘(C) include a focus on the unmet needs of
12 underserved populations.’’;
13 (4) in subsection (f), by striking ‘‘$15,000,000
14 for each of fiscal years 2014 through 2018’’ and in-
15 serting ‘‘$20,000,000 for each of fiscal years 2023
16 through 2027’’; and
17 (5) by striking subsection (g).
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1 TITLE V—STRENGTHENING THE
2 HEALTH CARE SYSTEM’S RE-
3 SPONSE
4 SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE
5 SYSTEM’S RESPONSE TO DOMESTIC VIO-
6 LENCE, DATING VIOLENCE, SEXUAL ASSAULT,
7 AND 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), by striking ‘‘for
16 medical’’ and all that follows through ‘‘stalking;
17 and’’ and inserting ‘‘for medical, psychology,
18 dental, social work, nursing, and other health
19 profession students, interns, residents, fellows,
20 or current health care providers (including mid-
21 wives and doulas);’’; and
22 (C) in paragraph (3)—
23 (i) by striking ‘‘response’’ and insert-
24 ing ‘‘capacity’’;
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1 (ii) by inserting ‘‘prevent and respond
2 to’’ after ‘‘(including behavioral and men-
3 tal health programs) to’’; and
4 (iii) by striking the period at the end
5 and inserting a semicolon; and
6 (D) by adding at the end the following:
7 ‘‘(4) the development or enhancement and im-
8 plementation of training programs to improve the
9 capacity of early childhood programs to address do-
10 mestic violence, dating violence, sexual assault, and
11 stalking among families they serve; and
12 ‘‘(5) the development or enhancement and im-
13 plementation of comprehensive statewide strategies
14 for health and violence prevention programs to work
15 together to promote primary prevention of domestic
16 violence, dating violence, sexual assault, and stalk-
17 ing.’’;
18 (2) in subsection (b)(1)—
19 (A) in subparagraph (A)(i)—
20 (i) by striking ‘‘to identify and pro-
21 vide’’ and inserting ‘‘to provide universal
22 education on healthy relationships and pro-
23 vide trauma-informed’’; and
24 (ii) by striking ‘‘and’’ at the end;
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1 (i) by striking ‘‘culturally competent
2 clinical training components’’ and inserting
3 ‘‘training components that center the expe-
4 riences of, and are developed in collabora-
5 tion with, culturally specific individuals
6 and American Indians and Alaska Natives,
7 and include community-defined practices
8 such as the use of doulas, midwives, and
9 traditional healers,’’;
10 (ii) by inserting ‘‘(including labor and
11 sex trafficking)’’ after ‘‘other forms of vio-
12 lence and abuse’’; and
13 (iii) by striking ‘‘disparities’’ and in-
14 serting ‘‘inequities’’;
15 (C) in subparagraph (A), by inserting after
16 clause (ii) the following:
17 ‘‘(iii) are designed to be inclusive of
18 the experiences of all individuals, including
19 LGBT individuals, and include training on
20 improving equity and reducing disparities
21 in access to health care services and pre-
22 vention resources; and
23 ‘‘(iv) include training on the use of a
24 universal prevention education approach to
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1 lence, dating violence, sexual assault, or
2 stalking in health care settings;’’;
3 (D) in subparagraph (B), in the matter
4 preceding clause (i), by striking ‘‘response of
5 the health care system’’ and inserting ‘‘capacity
6 of the health care system to prevent and re-
7 spond’’;
8 (E) in subparagraph (B)(i)—
9 (i) by striking ‘‘identifying and re-
10 sponding to’’ inserting ‘‘identifying, re-
11 sponding to, and promoting prevention of’’;
12 (ii) by inserting ‘‘during in-person or
13 virtual visits’’ after ‘‘and stalking’’; and
14 (iii) by inserting ‘‘and to maximize
15 victim choice on the use and sharing of
16 their health information’’ before the semi-
17 colon at the end;
18 (F) in subparagraph (B)(ii)—
19 (i) by striking ‘‘on-site access to’’ and
20 all that follows through the semicolon at
21 the end and inserting the following: ‘‘serv-
22 ices to address the safety, medical, and
23 mental health needs of patients by—
24 ‘‘(I) increasing the capacity of
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1 cluding professionals who specialize in
2 trauma or in substance use disorders)
3 in behavioral and mental health care,
4 community health workers, and public
5 health staff to address domestic vio-
6 lence, dating violence, sexual assault,
7 stalking, and children exposed to vio-
8 lence;
9 ‘‘(II) contracting with or hiring
10 advocates for victims of domestic vio-
11 lence or sexual assault to provide such
12 services; or
13 ‘‘(III) providing funding to State
14 domestic and sexual violence coalitions
15 to improve the capacity of such coali-
16 tions to coordinate and support health
17 advocates and other health system
18 partnerships;’’;
19 (G) in subparagraph (B)(iii)—
20 (i) by striking ‘‘of identification’’ and
21 inserting ‘‘of prevention’’;
22 (ii) by inserting ‘‘during in-person or
23 virtual visits’’ after ‘‘and stalking’’; and
24 (iii) by striking ‘‘and’’ at the end;
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1 (i) by inserting ‘‘and promote preven-
2 tion during in-person or virtual visits,’’
3 after ‘‘or stalking,’’; and
4 (ii) by striking the period at the end
5 and inserting a semicolon;
6 (I) in subparagraph (B), by adding at the
7 end the following:
8 ‘‘(v) the development, implementation,
9 dissemination, and evaluation of best prac-
10 tices, tools, and training materials, includ-
11 ing culturally relevant tools, for mental
12 health, behavioral health, and substance
13 use disorder professionals to identify and
14 respond to domestic violence, sexual vio-
15 lence, stalking, and dating violence; and
16 ‘‘(vi) the development and provision of
17 culturally relevant training and follow-up
18 technical assistance to health care profes-
19 sionals, and public health staff, and allied
20 health professionals to identify, assess,
21 treat, and refer clients who are victims of
22 domestic violence, dating violence, sexual
23 assault, or stalking from culturally specific
24 communities and promote prevention,
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1 oped by and for culturally specific commu-
2 nities, with priority given to trainings pro-
3 vided by culturally specific organizations;
4 and’’; and
5 (J) by inserting after subparagraph (B)
6 the following:
7 ‘‘(C) design and implement comprehensive
8 strategies to prevent domestic or sexual violence
9 including through the use of universal education
10 in clinical and public health settings, hospitals,
11 clinics and other health settings.’’;
12 (3) in subsection (b)(2)(A)—
13 (A) in the subparagraph heading, by strik-
14 ing ‘‘CHILD AND ELDER ABUSE’’ and inserting
15 ‘‘CHILD ABUSE AND ABUSE IN LATER LIFE’’;
16 and
17 (B) by striking ‘‘child or elder abuse’’ and
18 inserting ‘‘child abuse or abuse in later life’’;
19 (4) in subsection (b)(2)(C)(i), by striking ‘‘elder
20 abuse’’ and inserting ‘‘abuse in later life’’;
21 (5) in subsection (b)(2)(C)(ii), by inserting
22 ‘‘programs that promote the prevention of sexual as-
23 sault as well as’’ after ‘‘implementation of’’;
24 (6) in subsection (b)(2)(C)(iii)—
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1 (A) by inserting ‘‘and exposure to violence
2 across generations’’ after ‘‘abuse’’; and
3 (B) by striking ‘‘or’’ at the end;
4 (7) in subsection (b)(2)(C)(iv)—
5 (A) by inserting ‘‘mental health,’’ after
6 ‘‘dental,’’; and
7 (B) by striking ‘‘exams.’’ and inserting
8 ‘‘exams and certifications;’’;
9 (8) in subsection (b)(2)(C), by inserting after
10 clause (iv) the following:
11 ‘‘(v) providing funding to culturally
12 specific organizations to improve the ca-
13 pacity of such organizations to engage and
14 partner with health care providers to sup-
15 port victims and meet increased referrals
16 from health systems;
17 ‘‘(vi) developing a State-level pilot
18 program to—
19 ‘‘(I) improve the response of sub-
20 stance use disorder treatment pro-
21 grams, harm reduction programs for
22 people who use substances, and sys-
23 tems to domestic violence, dating vio-
24 lence, sexual assault, and stalking;
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1 ‘‘(II) improve the capacity of
2 substance use disorder treatment pro-
3 grams, harm reduction programs for
4 people who use substances, and sys-
5 tems to serve survivors of domestic vi-
6 olence, dating violence, sexual assault,
7 and stalking dealing with substance
8 use disorder; and
9 ‘‘(III) improve the capacity of do-
10 mestic violence, dating violence, sexual
11 assault, and stalking programs to
12 serve survivors who have substance
13 use history; or
14 ‘‘(vii) developing and utilizing existing
15 technical assistance and training resources
16 to improve the capacity of substance use
17 disorder treatment programs and harm re-
18 duction programs for people who use sub-
19 stances to address domestic violence, dat-
20 ing violence, sexual assault, and stalking
21 among patients the programs serve.’’;
22 (9) in subsection (c)(3)(A), by striking ‘‘given
23 to outcome based evaluations.’’ and inserting the fol-
24 lowing: ‘‘given to—
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1 ‘‘(ii) culturally specific and population
2 specific organizations; and
3 ‘‘(iii) programs developing and imple-
4 menting community-driven solutions to ad-
5 dress domestic violence, dating violence,
6 sexual assault, or stalking.’’;
7 (10) in subsection (c)(3)(B)(i)(III), by inserting
8 ‘‘, including a culturally specific organization or
9 community-based organization working to address
10 the social determinants of health,’’ after ‘‘nonprofit
11 entity’’;
12 (11) in subsection (c)(3)(C)(ii)—
13 (A) by striking ‘‘strategies for’’ and insert-
14 ing the following: ‘‘strategies—
15 ‘‘(I) for’’;
16 (B) by inserting ‘‘and generations’’ after
17 ‘‘lifespan’’;
18 (C) by striking ‘‘settings;’’ and inserting
19 ‘‘settings; and’’; and
20 (D) by adding at the end the following:
21 ‘‘(II) to address primary preven-
22 tion of domestic violence, dating vio-
23 lence, sexual assault, and stalking
24 over the lifespan and generations, in-
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1 social determinants of health, eco-
2 nomic justice, and equity issues, and
3 that are inclusive of LGBT individ-
4 uals;’’;
5 (12) in subsection (c)(3)(C)(iii), by striking
6 ‘‘State or tribal law enforcement task forces (where
7 appropriate)’’ and inserting ‘‘culturally specific orga-
8 nizations’’;
9 (13) in subsection (c)(3)(C)(iv), by inserting
10 ‘‘(including culturally specific organizations)’’ after
11 ‘‘service providers’’;
12 (14) in subsection (d)(2)(A)—
13 (A) by inserting ‘‘(including mental health
14 or substance abuse agencies)’’ after ‘‘of health’’;
15 (B) by striking ‘‘or mental’’ and inserting
16 ‘‘or behavioral’’; and
17 (C) by inserting ‘‘and substance use dis-
18 order prevention and treatment’’ before the
19 semicolon at the end;
20 (15) in subsection (d)(2)(B)—
21 (A) by inserting ‘‘behavioral health treat-
22 ment system,’’ after ‘‘hospital,’’;
23 (B) by striking ‘‘or any other community-
24 based’’ and inserting ‘‘a community-based’’; and
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1 (C) by inserting ‘‘or substance use disorder
2 prevention and treatment, or a community-
3 based organization with a history of partnership
4 with programs in the field of domestic violence,
5 dating violence, sexual assault, or stalking and
6 health care, including physical or mental health
7 care or substance use disorder prevention and
8 treatment’’ after ‘‘mental health care’’;
9 (16) in subsection (g)—
10 (A) by striking ‘‘$10,000,000’’ and insert-
11 ing ‘‘$20,000,000’’; and
12 (B) by striking ‘‘2014 through 2018’’ and
13 inserting ‘‘2023 through 2027’’; and
14 (17) in subsection (h)—
15 (A) by striking ‘‘herein’’; and
16 (B) by striking ‘‘provided for’’.
17 SEC. 502. MATERNAL MORTALITY OR MORBIDITY STUDY.
18 (a) STUDY.—The Secretary of Health and Human
19 Services, acting through the Director of the Centers for
20 Disease Control and Prevention and in consultation with
21 the Attorney General, the Director of the Indian Health
22 Service, and other stakeholders (including community
23 based organizations), shall conduct a study on the leading
24 causes of pregnancy-associated morbidity and mortality
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1 sexual assault, or stalking throughout the United States
2 contribute to the risk of maternal mortality or morbidity.
3 (b) REPORTS.—Not later than 3 years after the date
4 of enactment of this Act, the Secretary of Health and
5 Human Services, in consultation with the Attorney Gen-
6 eral, the Director of the Indian Health Service, and other
7 stakeholders (including community based organizations),
8 shall report to Congress on the study conducted under
9 subsection (a), which shall include the following:
10 (1) An analysis of the extent to which domestic
11 violence, dating violence, sexual assault, or stalking
12 contribute to pregnancy-associated morbidity and
13 mortality.
14 (2) An analysis of the impact of domestic vio-
15 lence, dating violence, sexual assault, or stalking on
16 access to health care.
17 (3) A breakdown of individuals particularly im-
18 pacted by domestic violence, dating violence, sexual
19 assault, or stalking, by race and ethnicity, disability
20 status, and sexual orientation and gender identity.
21 (4) An analysis of the impact of domestic vio-
22 lence, dating violence, sexual assault, or stalking on
23 Tribal communities and among Indians.
24 (5) An assessment of the factors that increase
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1 among victims of domestic violence, dating violence,
2 sexual assault, or stalking.
3 (6) Recommendations for legislative or policy
4 changes to help reduce infant and maternal mor-
5 tality rates.
6 (7) Best practices to reduce pregnancy-related
7 deaths among survivors of domestic violence, dating
8 violence, sexual assault, or stalking.
9 (8) Any other information on maternal mor-
10 tality or morbidity the Secretary determines appro-
11 priate to include in the report.
12 SEC. 503. UNDERSTANDING SEXUAL ASSAULT CARE IN
13 HEALTH SYSTEMS.
14 (a) PURPOSE.—It is the purpose of this section to
15 identify areas for improvement in health care delivery sys-
16 tems providing forensic examinations to survivors of sex-
17 ual assault.
18 (b) GRANTS.—The Secretary of Health and Human
19 Services (referred to in this section as ‘‘the Secretary’’)
20 shall award grants to States and Indian Tribes to develop
21 and implement State and Tribal surveys to identify—
22 (1) the availability of, and patient access to,
23 medical forensic examinations;
24 (2) the training level of the health care pro-
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1 (3) the hospitals or clinics that offer medical fo-
2 rensic examinations and whether each hospital or
3 clinic has full-time, part-time, or on-call coverage;
4 (4) barriers to medical forensic examinations
5 provided through sexual assault care and services;
6 (5) billing and reimbursement practices for
7 medical forensic examinations;
8 (6) State and Tribal requirements, minimum
9 standards, and protocols for training sexual assault
10 examiners for sexual assault forensic examiners and
11 for other personnel involved in medical forensic ex-
12 aminations;
13 (7) the availability of sexual assault forensic ex-
14 aminer training, the frequency of such training, the
15 providers of such training, the State’s or Indian
16 Tribe’s role in such training, and the processes or
17 procedures in place for continuing education of such
18 examiners; and
19 (8) the dedicated Federal and State funding
20 available to support sexual assault forensic examiner
21 training.
22 (c) ELIGIBILITY.—To be eligible to receive a grant
23 under this section, a State or Indian Tribe shall submit
24 to the Secretary an application through a competitive
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1 (d) PUBLIC DISSEMINATION AND CAMPAIGN.—
2 (1) PUBLIC AVAILABILITY.—The results of the
3 surveys conducted under grants awarded under this
4 section shall be published by the Secretary on the
5 website of the Department of Health and Human
6 Services on a biennial basis.
7 (2) CAMPAIGNS.—A State or Indian Tribe that
8 receives a grant under this section shall carry out
9 the following activities:
10 (A) Make the findings of the survey con-
11 ducted using amounts received under the grant
12 public, including a map showing health care
13 providers who perform medical forensic exami-
14 nations, based on the findings from the State
15 and Tribal surveys under subsection (b)(3).
16 (B) Use the findings to develop a strategic
17 action plan to increase the number of trained
18 medical forensic examiners available in the
19 State or Tribal community and create policies
20 to increase survivor access to trained exam-
21 iners.
22 (C) Use the findings to develop and imple-
23 ment a public awareness campaign that in-
24 cludes the following:
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1 (i) An online toolkit describing how
2 and where sexual assault survivors can ob-
3 tain assistance and care, including medical
4 forensic examinations, in the State or
5 Tribal community.
6 (ii) A model standard response pro-
7 tocol for health care providers to imple-
8 ment upon arrival of a patient seeking care
9 for sexual assault.
10 (iii) A model sexual assault response
11 team protocol incorporating interdiscipli-
12 nary community coordination between hos-
13 pitals, emergency departments, hospital
14 administration, local rape crisis programs,
15 law enforcement, prosecuting attorneys,
16 and other health and human service agen-
17 cies and stakeholders with respect to deliv-
18 ering survivor-centered sexual assault care
19 and medical forensic examinations.
20 (iv) A notice of applicable laws pro-
21 hibiting charging or billing survivors of
22 sexual assault for care and services related
23 to sexual assault.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to carry out this section
3 $7,000,000 for each of fiscal years 2023 through 2027.
4 SEC. 504. NATIONAL REPORT ON SEXUAL ASSAULT SERV-
5 ICES IN OUR NATION’S HEALTH SYSTEM.
6 (a) IN GENERAL.—Not later than 1 year after the
7 date of enactment of this Act, and annually thereafter,
8 the Agency for Healthcare Research and Quality, in con-
9 sultation with the Centers for Medicare & Medicaid Serv-
10 ices, the Centers for Disease Control and Prevention, the
11 Health Resources and Services Administration, the Indian
12 Health Service, the Office for Victims of Crime of the De-
13 partment of Justice, the Office on Women’s Health of the
14 Department of Health and Human Services, and the Of-
15 fice of Violence Against Women of the Department of Jus-
16 tice (collectively referred to in this section as the ‘‘Agen-
17 cies’’), shall submit to the Secretary of Health and Human
18 Services (referred to in this section as ‘‘the Secretary’’)
19 a report of existing Federal, Indian Tribe, and State prac-
20 tices relating to medical forensic examinations which may
21 include the findings of the surveys developed under section
22 503.
23 (b) CORE COMPETENCIES.—In conducting activities
24 under this section, the Agencies shall address sexual as-
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1 (1) providing medical care to sexual assault pa-
2 tients;
3 (2) demonstrating the ability to conduct a med-
4 ical forensic examination, including an evaluation for
5 evidence collection;
6 (3) showing compassion and sensitivity towards
7 survivors of sexual assault;
8 (4) testifying in Federal, State, local, and Trib-
9 al courts; and
10 (5) other competencies, as the Agencies deter-
11 mine appropriate.
12 (c) PUBLICATION.—The Agency for Healthcare Re-
13 search and Quality shall establish, maintain, and publish
14 on the website of the Department of Health and Human
15 Services an online public map of availability of sexual as-
16 sault forensic examinations. Such maps shall clarify if
17 there is full-time, part-time, or on-call coverage.
18 (d) REPORT TO CONGRESS.—Not later than 60 days
19 after receiving the report described in subsection (a), the
20 Secretary shall submit to the Committee on Health, Edu-
21 cation, Labor, and Pensions of the Senate and the Com-
22 mittee on Energy and Commerce and the Committee on
23 Education and Labor of the House of Representatives rec-
24 ommendations for improving sexual assault forensic exam-
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1 ination competencies based on the report described in sub-
2 section (a).
3 SEC. 505. IMPROVING AND STRENGTHENING THE SEXUAL
4 ASSAULT EXAMINER WORKFORCE CLINICAL
5 AND CONTINUING EDUCATION PILOT PRO-
6 GRAM.
7 (a) PURPOSE.—It is the purpose of this section to
8 establish a pilot program to develop, test, and implement
9 training and continuing education that expands and sup-
10 ports the availability of medical forensic examination serv-
11 ices for survivors of sexual assault.
12 (b) ESTABLISHMENT.—
13 (1) IN GENERAL.—Not later than 1 year after
14 the date of enactment of this Act, the Secretary of
15 Health and Human Services (referred to in this sec-
16 tion as ‘‘the Secretary’’) shall establish a National
17 Continuing and Clinical Education Pilot Program
18 for sexual assault forensic examiners, sexual assault
19 nurse examiners, and other individuals who perform
20 medical forensic examinations.
21 (2) CONSULTATION.—In establishing such pro-
22 gram, the Secretary shall consult with the Centers
23 for Medicare & Medicaid Services, the Centers for
24 Disease Control and Prevention, the Health Re-
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1 Health Service, the Office for Victims of Crime of
2 the Department of Justice, the Office on Violence
3 Against Women of the Department of Justice, and
4 the Office on Women’s Health of the Department of
5 Health and Human Services, and shall solicit input
6 from regional, national, and Tribal organizations
7 with expertise in forensic nursing, rape trauma or
8 crisis counseling, investigating rape and gender vio-
9 lence cases, survivors’ advocacy and support, sexual
10 assault prevention education, rural health, and re-
11 sponding to sexual violence in Tribal communities.
12 (c) FUNCTIONS.—The pilot program established
13 under subsection (b) shall develop, pilot, implement, and
14 update, as appropriate, continuing and clinical education
15 program modules, webinars, and programs for all hos-
16 pitals and providers to increase access to medical forensic
17 examination services and address ongoing competency
18 issues in medical forensic examination services, includ-
19 ing—
20 (1) training and continuing education to help
21 support sexual assault forensic examiners practicing
22 in rural or underserved areas;
23 (2) training to help connect sexual assault sur-
24 vivors who are Indian with sexual assault forensic
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1 referrals, culturally competent support, and forensic
2 evidence collection in rural communities;
3 (3) replication of successful sexual assault fo-
4 rensic examination programs to help develop and im-
5 prove the evidence base for medical forensic exami-
6 nations; and
7 (4) training to increase the number of medical
8 professionals who are considered sexual assault fo-
9 rensic examiners based on the recommendations of
10 the National Sexual Assault Forensic Examination
11 Training Standards issued by the Office on Violence
12 Against Women of the Department of Justice.
13 (d) ELIGIBILITY TO PARTICIPATE IN PILOT PRO-
14 GRAMS.—The Secretary shall ensure that medical forensic
15 examination services provided under the pilot program es-
16 tablished under subsection (b), and other medical forensic
17 examiner services under the pilot program are provided
18 by health care providers who are also one of the following:
19 (1) A physician, including a resident physician.
20 (2) A nurse practitioner.
21 (3) A nurse midwife.
22 (4) A physician assistant.
23 (5) A certified nurse specialist.
24 (6) A registered nurse.
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1 (7) A community health practitioner or a com-
2 munity health aide who has completed level III or
3 level IV certification and training requirements.
4 (e) NATURE OF TRAINING.—The continuing edu-
5 cation program established under this section shall incor-
6 porate and reflect current best practices and standards on
7 medical forensic examination services consistent with the
8 purpose of this section.
9 (f) AVAILABILITY.—After termination of the pilot
10 program established under subsection (b)(1), the training
11 and continuing education program established under such
12 program shall be available to all sexual assault forensic
13 examiners and other providers employed by, or any indi-
14 vidual providing services through, facilities that receive
15 Federal funding.
16 (g) EFFECTIVE DATE.—The pilot program estab-
17 lished under this section shall terminate on the date that
18 is 2 years after the date of such establishment.
19 (h) AUTHORIZATION.—There are authorized to be ap-
20 propriated to carry out this section $5,000,000 for each
21 of fiscal years 2023 through 2025.
22 SEC. 506. EXPANDING ACCESS TO UNIFIED CARE.
23 (a) ESTABLISHMENT OF PROGRAM.—The Secretary
24 of Health and Human Services (referred to in this section
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1 in this section as the ‘‘program’’) to award grants to eligi-
2 ble entities for the clinical training of sexual assault foren-
3 sic examiners (including registered nurses, nurse practi-
4 tioners, nurse midwives, clinical nurse specialists, physi-
5 cian assistants, and physicians) to administer medical fo-
6 rensic examinations and treatments to survivors of sexual
7 assault.
8 (b) PURPOSE.—The purpose of the program is to en-
9 able each grant recipient to expand access to medical fo-
10 rensic examination services by providing new providers
11 with the clinical training necessary to establish and main-
12 tain competency in such services and to test the provisions
13 of such services at new facilities in expanded health care
14 settings.
15 (c) GRANTS.—Under the program, the Secretary
16 shall award 3-year grants to eligible entities that meet the
17 requirements established by the Secretary.
18 (d) ELIGIBLE ENTITIES.—To be eligible to receive a
19 grant under this section, an entity shall—
20 (1) be—
21 (A) a safety net clinic acting in partner-
22 ship with a high-volume emergency services pro-
23 vider or a hospital currently providing sexual
24 assault medical forensic examinations per-
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1 formed by sexual assault forensic examiners,
2 that will use grant funds to—
3 (i) assign rural health care service
4 providers to the high-volume hospitals for
5 clinical practicum hours to qualify such
6 providers as sexual assault forensic exam-
7 iners; or
8 (ii) assign practitioners at high-vol-
9 ume hospitals to rural health care services
10 providers to instruct, oversee, and approve
11 clinical practicum hours in the community
12 to be served;
13 (B) an organization described in section
14 501(c)(3) of the Internal Revenue Code of 1986
15 and exempt from taxation under 501(a) of such
16 Code, that provides legal training and technical
17 assistance to Tribal communities and to organi-
18 zations and agencies serving Indians; or
19 (C) an Indian Tribe (as defined in section
20 4 of the Indian Self-Determination and Edu-
21 cation Assistance Act (25 U.S.C. 5304)); and
22 (2) submit to the Secretary an application at
23 such time, in such manner, and containing such in-
24 formation as the Secretary may require, including a
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1 services described in subparagraph (A) or (B) of
2 paragraph (1).
3 (e) GRANT AMOUNT.—Each grant awarded under
4 this section shall be in an amount not to exceed $400,000
5 per year. A grant recipient may carry over funds from one
6 fiscal year to the next without obtaining approval from
7 the Secretary.
8 (f) AUTHORIZATION OF APPROPRIATIONS.—
9 (1) IN GENERAL.—There is authorized to be
10 appropriated to carry out this section $10,000,000
11 for each of fiscal years 2023 through 2027.
12 (2) SET-ASIDE.—Of the amount appropriated
13 under this subsection for a fiscal year, the Secretary
14 shall reserve 15 percent of such amount for purposes
15 of making grants to entities that are affiliated with
16 Indian Tribes or Tribal organizations (as defined in
17 section 4 of the Indian Self-Determination and Edu-
18 cation Assistance Act (25 U.S.C. 5304)), or Urban
19 Indian organizations (as defined in section 4 of the
20 Indian Health Care Improvement Act (25 U.S.C.
21 1603)). Amounts reserved may be used to support
22 referrals and the delivery of emergency first aid, cul-
23 turally competent support, and forensic evidence col-
24 lection training.
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1 SEC. 507. EXPANDING ACCESS TO FORENSICS FOR VICTIMS
2 OF INTERPERSONAL VIOLENCE.
3 (a) DEFINITIONS.—In this section:
4 (1) COMMUNITY HEALTH AIDE; COMMUNITY
5 HEALTH PRACTITIONER.—The terms ‘‘community
6 health aide’’ and ‘‘community health practitioner’’
7 have the meanings given such terms for purposes of
8 section 119 of the Indian Health Care Improvement
9 Act (25 U.S.C. 1616l).
10 (2) HEALTH CARE PROVIDER.—The term
11 ‘‘health care provider’’ has the meaning given such
12 term by the Secretary, and includes registered
13 nurses, nurse practitioners, nurse midwives, clinical
14 nurse specialists, physician assistants, and physi-
15 cians.
16 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
17 The terms ‘‘Indian Tribe’’ and ‘‘Tribal organiza-
18 tion’’ shall have the meanings given such terms in
19 section 4 of the Indian Self-Determination and Edu-
20 cation Assistance Act (25 U.S.C. 5304).
21 (4) INSTITUTION OF HIGHER EDUCATION.—The
22 term ‘‘institution of higher education’’ has the
23 meaning given such term in section 101 of the High-
24 er Education Act of 1965 (20 U.S.C. 1001).
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26 ‘‘interpersonal violence’’ means any form of violence
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1 that is emotional and trauma-inducing for victims,
2 families of victims, perpetrators, and communities.
3 (6) NATIVE HAWAIIAN ORGANIZATION.—The
4 term ‘‘Native Hawaiian organization’’ has the mean-
5 ing given such term in section 12 of the Native Ha-
6 waiian Health Care Improvement Act (42 U.S.C.
7 11711).
8 (7) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Health and Human Services.
10 (8) TRAUMA-INFORMED CARE.—The term
11 ‘‘trauma-informed care’’ means care received by
12 trauma survivors that is culturally competent in ac-
13 cordance with professional standards of practice and
14 accounting for patients’ experiences and preferences
15 in order to eliminate or mitigate triggers that may
16 cause re-traumatization of the patient.
17 (9) URBAN INDIAN ORGANIZATION.—The term
18 ‘‘Urban Indian organization’’ has the meaning given
19 such term in section 4 of the Indian Health Care
20 Improvement Act (25 U.S.C. 1603).
21 (b) DEMONSTRATION GRANTS FOR COMPREHENSIVE
22 FORENSIC TRAINING.—
23 (1) ESTABLISHMENT OF PROGRAM.—The Sec-
24 retary shall establish a demonstration program to
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1 training of health care providers to provide gener-
2 alist forensic services and trauma-informed care to
3 survivors of interpersonal violence of all ages.
4 (2) PURPOSE.—The purpose of the demonstra-
5 tion program under this subsection is to develop
6 training and curriculum to provide health care pro-
7 viders with the skills to support the provision of fo-
8 rensic assessment and trauma-informed care to indi-
9 viduals, families, and communities that have experi-
10 enced violence or trauma and to be available to col-
11 laborate with members of an inter-professional fo-
12 rensic team.
13 (3) TERM.—Grants under this subsection shall
14 be for a term of 5 years.
15 (4) ELIGIBLE ENTITIES.—To be eligible to re-
16 ceive a grant under this subsection, an entity shall—
17 (A) be an institute of higher education, in-
18 cluding a minority serving institution as de-
19 scribed in section 371 of the Higher Education
20 Act of 1965 (20 U.S.C. 1067q); and
21 (B) submit to the Secretary an application
22 at such time, in such manner, and containing
23 such information as the Secretary may require.
24 (5) GRANT AMOUNT.—Each grant awarded
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1 does not exceed $400,000 per year. A grant recipi-
2 ent may carry over funds from one fiscal year to the
3 next without obtaining approval from the Secretary.
4 (6) AUTHORIZATION OF APPROPRIATIONS.—
5 (A) IN GENERAL.—There is authorized to
6 be appropriated to carry out this subsection
7 $5,000,000 for each of fiscal years 2023
8 through 2027.
9 (B) SET-ASIDE.—Of the amount appro-
10 priated under this paragraph for a fiscal year,
11 the Secretary shall reserve 10 percent for pur-
12 poses of making grants to support training and
13 curricula that addresses the unique needs of In-
14 dian Tribes, Tribal organizations, Urban Indian
15 organizations, and Native Hawaiian organiza-
16 tions. Amounts so reserved may be used to sup-
17 port training, referrals, and the delivery of
18 emergency first aid, culturally competent sup-
19 port, and forensic evidence collection training.
20 (c) TECHNICAL ASSISTANCE GRANTS AND LEARNING
21 COLLECTIVES.—
22 (1) IN GENERAL.—The Secretary shall establish
23 a State and Tribal forensic provider technical re-
24 source center to provide technical assistance and
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1 care providers, community health aides, and commu-
2 nity health practitioners to improve the quality of,
3 and increase access to, forensic services for all sur-
4 vivors of interpersonal violence. The Secretary may
5 enter into contracts with national experts for pur-
6 poses of carrying out this subsection.
7 (2) AUTHORIZATION OF APPROPRIATIONS.—
8 There is authorized to be appropriated to carry out
9 this subsection, $2,000,000 for each of fiscal years
10 2023 through 2027.
11 (d) NATIONAL REPORT.—Not later than 1 year after
12 the date of enactment of this Act, and annually thereafter,
13 the Office for Victims of Crime of the Department of Jus-
14 tice, the Centers for Disease Control and Prevention, the
15 Health Resources and Services Administration, the Indian
16 Health Service, the Office on Women’s Health of the De-
17 partment of Health and Human Services, and the Office
18 on Violence Against Women of the Department of Justice
19 shall jointly submit to the Secretary a report on the need
20 for, throughout the States, Indian Tribes, and terri-
21 tories—
22 (1) access to generalist medical forensic serv-
23 ices, evidence collection, and documentation that
24 aids in meeting the needs of health care patients and
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1 improves future law enforcement investigation and
2 prosecution; and
3 (2) data for research to support the response to
4 and prevention of interpersonal violence, improved
5 ability of health care providers to adequately re-
6 spond to patients who exhibit signs of victimization,
7 and address the unique needs of Tribal communities.
8 TITLE VI—SAFE HOMES FOR
9 VICTIMS
10 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES-
11 TIC VIOLENCE, DATING VIOLENCE, SEXUAL
12 ASSAULT, AND STALKING.
13 Section 41411(a) of the Violence Against Women Act
14 of 1994 (34 U.S.C. 12491(a)) is amended—
15 (1) in paragraph (1)(A), by striking ‘‘brother,
16 sister,’’ and inserting ‘‘sibling,’’; and
17 (2) in paragraph (3)—
18 (A) in subparagraph (A), by inserting be-
19 fore the semicolon at the end the following: ‘‘,
20 including the direct loan program under such
21 section’’;
22 (B) in subparagraph (D), by striking ‘‘the
23 program under subtitle A of’’ and inserting
24 ‘‘the programs under’’;
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1 (i) by striking ‘‘sections 514, 515,
2 516, 533, and 538 of the Housing Act of
3 1949 (42 U.S.C. 1484, 1485, 1486,
4 1490m, and 1490p–2)’’ and inserting ‘‘sec-
5 tions 514, 515, 516, 533, 538, and 542 of
6 the Housing Act of 1949 (42 U.S.C. 1484,
7 1485, 1486, 1490m, 1490p–2, 1490r)’’;
8 and
9 (ii) by striking ‘‘and’’ at the end;
10 (D) in subparagraph (J), by striking the
11 period at the end and inserting a semicolon;
12 and
13 (E) by adding at the end the following:
14 ‘‘(K) the provision of assistance from the
15 Housing Trust Fund established under section
16 1338 of the Federal Housing Enterprises Fi-
17 nancial Safety and Soundness Act of 1992 (12
18 U.S.C. 4501);
19 ‘‘(L) the provision of assistance for hous-
20 ing under the Comprehensive Service Programs
21 for Homeless Veterans program under sub-
22 chapter II of chapter 20 of title 38, United
23 States Code;
24 ‘‘(M) the provision of assistance for hous-
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1 homeless veterans with special needs under sec-
2 tion 2061 of title 38, United States Code;
3 ‘‘(N) the provision of assistance for perma-
4 nent housing under the program for financial
5 assistance for supportive services for very low-
6 income veteran families in permanent housing
7 under section 2044 of title 38, United States
8 Code;
9 ‘‘(O) the provision of transitional housing
10 assistance for victims of domestic violence, dat-
11 ing violence, sexual assault, or stalking under
12 the grant program under chapter 11 of subtitle
13 B; and
14 ‘‘(P) any other Federal housing programs
15 providing affordable housing to low- and mod-
16 erate-income persons by means of restricted
17 rents or rental assistance, or more generally
18 providing affordable housing opportunities, as
19 identified by the appropriate agency through
20 regulations, notices, or any other means.’’.
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1 SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION;
2 PROHIBITING RETALIATION AGAINST VIC-
3 TIMS.
4 Chapter 2 of subtitle N of title IV of the Violence
5 Against Women Act of 1994 (34 U.S.C. 12491 et seq.)
6 is amended by inserting after section 41411 the following:
7 ‘‘SEC. 41412. COMPLIANCE REVIEWS.
8 ‘‘(a) REGULAR COMPLIANCE REVIEWS.—
9 ‘‘(1) IN GENERAL.—Each appropriate agency
10 shall establish a process by which to review compli-
11 ance with the requirements of this subtitle, which
12 shall—
13 ‘‘(A) where possible, be incorporated into
14 other existing compliance review processes of
15 the appropriate agency, in consultation with the
16 Gender-based Violence Prevention Office and
17 Violence Against Women Act Director described
18 in section 41413 and any other relevant offi-
19 cials of the appropriate agency; and
20 ‘‘(B) examine—
21 ‘‘(i) compliance with requirements
22 prohibiting the denial of assistance, ten-
23 ancy, or occupancy rights on the basis of
24 domestic violence, dating violence, sexual
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1 ‘‘(ii) compliance with confidentiality
2 provisions set forth in section 41411(c)(4);
3 ‘‘(iii) compliance with the notification
4 requirements set forth in section
5 41411(d)(2);
6 ‘‘(iv) compliance with the provisions
7 for accepting documentation set forth in
8 section 41411(c);
9 ‘‘(v) compliance with emergency trans-
10 fer requirements set forth in section
11 41411(e); and
12 ‘‘(vi) compliance with the prohibition
13 on retaliation set forth in section 41414.
14 ‘‘(2) FREQUENCY.—Each appropriate agency
15 shall conduct the review described in paragraph (1)
16 on a regular basis, as determined by the appropriate
17 agency.
18 ‘‘(b) REGULATIONS.—
19 ‘‘(1) IN GENERAL.—Not later than 2 years
20 after the date of enactment of the Violence Against
21 Women Act Reauthorization Act of 2022, each ap-
22 propriate agency shall issue regulations in accord-
23 ance with section 553 of title 5, United States Code,
24 to implement subsection (a) of this section, which
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1 ‘‘(A) define standards of compliance under
2 covered housing programs;
3 ‘‘(B) include detailed reporting require-
4 ments, including the number of emergency
5 transfers requested and granted, as well as the
6 length of time needed to process emergency
7 transfers; and
8 ‘‘(C) include standards for corrective ac-
9 tion plans where compliance standards have not
10 been met.
11 ‘‘(2) CONSULTATION.—In developing the regu-
12 lations under paragraph (1), an appropriate agency
13 shall engage in additional consultation with appro-
14 priate stakeholders including, as appropriate—
15 ‘‘(A) individuals and organizations with ex-
16 pertise in the housing needs and experiences of
17 victims of domestic violence, dating violence,
18 sexual assault and stalking; and
19 ‘‘(B) individuals and organizations with ex-
20 pertise in the administration or management of
21 covered housing programs, including industry
22 stakeholders and public housing agencies.
23 ‘‘(c) PUBLIC DISCLOSURE.—Each appropriate agen-
24 cy shall ensure that an agency-level assessment of the in-
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1 formation collected during the compliance review process
2 completed pursuant to this subsection—
3 ‘‘(1) includes an evaluation of each topic identi-
4 fied in subsection (a); and
5 ‘‘(2) is made publicly available.
6 ‘‘SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DE-
7 VELOPMENT GENDER-BASED VIOLENCE PRE-
8 VENTION OFFICE AND VIOLENCE AGAINST
9 WOMEN ACT DIRECTOR.
10 ‘‘(a) ESTABLISHMENT.—The Secretary of Housing
11 and Urban Development shall establish a Gender-based
12 Violence Prevention Office with a Violence Against
13 Women Act Director (in this section referred to as the
14 ‘Director’).
15 ‘‘(b) DUTIES.—The Director shall, among other du-
16 ties—
17 ‘‘(1) support implementation of this chapter;
18 ‘‘(2) coordinate with Federal agencies on legis-
19 lation, implementation, and other issues affecting
20 the housing provisions under this subtitle, as well as
21 other issues related to advancing housing protections
22 for victims of domestic violence, dating violence, sex-
23 ual assault, and stalking;
24 ‘‘(3) coordinate with State and local govern-
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1 agencies, regarding advancing housing protections
2 and access to housing for victims of domestic vio-
3 lence, dating violence, sexual assault, and stalking;
4 ‘‘(4) ensure that technical assistance and sup-
5 port are provided to each appropriate agency and
6 housing providers regarding implementation of this
7 subtitle, as well as other issues related to advancing
8 housing protections for victims of domestic violence,
9 dating violence, sexual assault, and stalking, includ-
10 ing compliance with this subtitle;
11 ‘‘(5) implement internal systems to track, mon-
12 itor, and address compliance failures; and
13 ‘‘(6) address the housing needs and barriers
14 faced by victims of sexual assault, as well as sexual
15 coercion and sexual harassment by a public housing
16 agency or owner or manager of housing assisted
17 under a covered housing program.
18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated to carry out this section
20 such sums as may be necessary for fiscal years 2023
21 through 2027.
22 ‘‘SEC. 41414. PROHIBITION ON RETALIATION.
23 ‘‘(a) NON-RETALIATION REQUIREMENT.—No public
24 housing agency or owner or manager of housing assisted
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1 against any person because that person has opposed any
2 act or practice made unlawful by this subtitle, or because
3 that person testified, assisted, or participated in any mat-
4 ter related to this chapter.
5 ‘‘(b) PROHIBITION ON COERCION.—No public hous-
6 ing agency or owner or manager of housing assisted under
7 a covered housing program shall coerce, intimidate, threat-
8 en, or interfere with, or retaliate against, any person in
9 the exercise or enjoyment of, on account of the person hav-
10 ing exercised or enjoyed, or on account of the person hav-
11 ing aided or encouraged any other person in the exercise
12 or enjoyment of, any rights or protections under this chap-
13 ter, including—
14 ‘‘(1) intimidating or threatening any person be-
15 cause that person is assisting or encouraging a per-
16 son entitled to claim the rights or protections under
17 this chapter; and
18 ‘‘(2) retaliating against any person because that
19 person has participated in any investigation or ac-
20 tion to enforce this chapter.
21 ‘‘(c) IMPLEMENTATION.—The Secretary of Housing
22 and Urban Development and the Attorney General shall
23 implement and enforce this chapter consistent with, and
24 in a manner that provides, the rights and remedies pro-
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1 vided for in title VIII of the Civil Rights Act of 1968 (42
2 U.S.C. 3601 et seq.).’’.
3 SEC. 603. PROTECTING THE RIGHT TO REPORT CRIME
4 FROM ONE’S HOME.
5 Chapter 2 of subtitle N of title IV of the Violence
6 Against Women Act of 1994 (34 U.S.C. 12491 et seq.),
7 as amended by this Act, is further amended by inserting
8 after section 41414 the following:
9 ‘‘SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES
10 FROM ONE’S HOME.
11 ‘‘(a) DEFINITION.—In this section, the term ‘covered
12 governmental entity’ means any municipal, county, or
13 State government that receives funding under section 106
14 of the Housing and Community Development Act of 1974
15 (42 U.S.C. 5306).
16 ‘‘(b) RIGHT TO REPORT.—
17 ‘‘(1) IN GENERAL.—Landlords, homeowners,
18 tenants, residents, occupants, and guests of, and ap-
19 plicants for, housing—
20 ‘‘(A) shall have the right to seek law en-
21 forcement or emergency assistance on their own
22 behalf or on behalf of another person in need
23 of assistance; and
24 ‘‘(B) shall not be penalized based on their
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1 tivity of which they are a victim or otherwise
2 not at fault under statutes, ordinances, regula-
3 tions, or policies adopted or enforced by covered
4 governmental entities.
5 ‘‘(2) PROHIBITED PENALTIES.—Penalties that
6 are prohibited under paragraph (1) include—
7 ‘‘(A) actual or threatened assessment of
8 monetary or criminal penalties, fines, or fees;
9 ‘‘(B) actual or threatened eviction;
10 ‘‘(C) actual or threatened refusal to rent
11 or renew tenancy;
12 ‘‘(D) actual or threatened refusal to issue
13 an occupancy permit or landlord permit; and
14 ‘‘(E) actual or threatened closure of the
15 property, or designation of the property as a
16 nuisance or a similarly negative designation.
17 ‘‘(c) REPORTING.—Consistent with the process de-
18 scribed in section 104(b) of the Housing and Community
19 Development Act of 1974 (42 U.S.C. 5304(b)), covered
20 governmental entities shall—
21 ‘‘(1) report any of their laws or policies, or, as
22 applicable, the laws or policies adopted by sub-
23 grantees, that impose penalties on landlords, home-
24 owners, tenants, residents, occupants, guests, or
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1 forcement or emergency assistance or based on
2 criminal activity that occurred at a property; and
3 ‘‘(2) certify that they are in compliance with
4 the protections under this subtitle or describe the
5 steps the covered governmental entities will take
6 within 180 days to come into compliance, or to en-
7 sure compliance among subgrantees.
8 ‘‘(d) IMPLEMENTATION.—The Secretary of Housing
9 and Urban Development and the Attorney General shall
10 implement and enforce this chapter consistent with, and
11 in a manner that provides, the same rights and remedies
12 as those provided for in title VIII of the Civil Rights Act
13 of 1968 (42 U.S.C. 3601 et seq.).
14 ‘‘(e) SUBGRANTEES.—For those covered govern-
15 mental entities that distribute funds to subgrantees, com-
16 pliance with subsection (c)(1) includes inquiring about the
17 existence of laws and policies adopted by subgrantees that
18 impose penalties on landlords, homeowners, tenants, resi-
19 dents, occupants, guests, or housing applicants based on
20 requests for law enforcement or emergency assistance or
21 based on criminal activity that occurred at a property.’’.
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1 SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS
2 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-
3 ING VIOLENCE, SEXUAL ASSAULT, OR STALK-
4 ING.
5 Section 40299 of the Violence Against Women Act
6 of 1994 (34 U.S.C. 12351) is amended—
7 (1) in subsection (a), in the matter preceding
8 paragraph (1)—
9 (A) by striking ‘‘the Director of the Vio-
10 lence Against Women Office’’ and inserting
11 ‘‘the Director of the Office on Violence Against
12 Women’’; and
13 (B) by inserting after ‘‘, other nonprofit,
14 nongovernmental organizations’’ the following:
15 ‘‘, population-specific organizations’’; and
16 (2) in subsection (g)—
17 (A) in paragraph (1), by striking ‘‘2014
18 through 2018’’ and inserting ‘‘2023 through
19 2027’’;
20 (B) by striking paragraph (2);
21 (C) by redesignating paragraph (3) as
22 paragraph (2); and
23 (D) in paragraph (2)(B), as so redesig-
24 nated, by striking ‘‘0.25 percent’’ and inserting
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1 SEC. 605. ADDRESSING THE HOUSING NEEDS OF VICTIMS
2 OF DOMESTIC VIOLENCE, DATING VIOLENCE,
3 SEXUAL ASSAULT, AND STALKING.
4 (a) MCKINNEY-VENTO HOMELESS ASSISTANCE
5 GRANTS.—The McKinney-Vento Homeless Assistance Act
6 (42 U.S.C. 11301 et seq.) is amended—
7 (1) in section 103 (42 U.S.C. 11302), by
8 amending subsection (b) to read as follows:
9 ‘‘(b) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX-
10 UAL ASSAULT, STALKING, AND OTHER DANGEROUS,
11 TRAUMATIC, OR LIFE-THREATENING CONDITIONS RELAT-
12 ING TO SUCH VIOLENCE.—Notwithstanding any other
13 provision of this section, the Secretary shall consider to
14 be homeless any individual or family who—
15 ‘‘(1) is experiencing trauma or a lack of safety
16 related to, or fleeing or attempting to flee, domestic
17 violence, dating violence, sexual assault, stalking, or
18 other dangerous, traumatic, or life-threatening con-
19 ditions related to the violence against the individual
20 or a family member in the individual’s or family’s
21 current housing situation, including where the health
22 and safety of children are jeopardized;
23 ‘‘(2) has no other safe residence; and
24 ‘‘(3) lacks the resources to obtain other safe
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1 (2) in section 423(a) (42 U.S.C. 11383(a)), by
2 adding at the end the following:
3 ‘‘(13) Facilitating and coordinating activities to
4 ensure compliance with subsection (e) of section
5 41411 of the Violence Against Women Act of 1994
6 (34 U.S.C. 12491) and monitoring compliance with
7 the confidentiality protections of subsection (c)(4) of
8 such section.’’.
9 (b) COLLABORATIVE GRANTS TO INCREASE THE
10 LONG-TERM STABILITY OF VICTIMS.—Section 41404(i) of
11 the Violence Against Women Act of 1994 (34 U.S.C.
12 12474(i)) is amended by striking ‘‘2014 through 2018’’
13 and inserting ‘‘2023 through 2027’’.
14 (c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN
15 IN PUBLIC AND ASSISTED HOUSING.—Section 41405 of
16 the Violence Against Women Act of 1994 (34 U.S.C.
17 12475) is amended—
18 (1) in subsection (b)(1), by striking ‘‘the Direc-
19 tor of the Violence Against Women Office’’ and in-
20 serting ‘‘the Director of the Office on Violence
21 Against Women’’;
22 (2) in subsection (c)(2)(D), by inserting after
23 ‘‘linguistically and culturally specific service pro-
24 viders,’’ the following: ‘‘population-specific organiza-
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1 (3) in subsection (g), by striking ‘‘2014 through
2 2018’’ and inserting ‘‘2023 through 2027’’.
3 (d) VAWA TRAINING AND TECHNICAL ASSISTANCE
4 GRANTS.—Chapter 2 of subtitle N of title IV of the Vio-
5 lence Against Women Act of 1994 (34 U.S.C. 12491 et
6 seq.), as amended by this Act, is further amended by in-
7 serting after section 41415 the following:
8 ‘‘SEC. 41416. TRAINING AND TECHNICAL ASSISTANCE
9 GRANTS.
10 ‘‘There is authorized to be appropriated to the Sec-
11 retary of Housing and Urban Development such sums as
12 may be necessary for fiscal years 2023 through 2027 to
13 be used for training and technical assistance to support
14 the implementation of this chapter, including technical as-
15 sistance agreements with entities whose primary purpose
16 and expertise is assisting survivors of sexual assault and
17 domestic violence or providing culturally specific services
18 to victims of domestic violence, dating violence, sexual as-
19 sault, and stalking.’’.
20 SEC. 606. STUDY AND REPORT ON HOUSING AND SERVICE
21 NEEDS OF SURVIVORS OF TRAFFICKING AND
22 INDIVIDUALS AT RISK FOR TRAFFICKING.
23 (a) DEFINITIONS.—In this section:
24 (1) SURVIVOR OF A SEVERE FORM OF TRAF-
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1 trafficking’’ has the meaning given the term ‘‘victim
2 of a severe form of trafficking’’ in section 103 of the
3 Trafficking Victims Protection Act of 2000 (22
4 U.S.C. 7102).
5 (2) SURVIVOR OF TRAFFICKING.—The term
6 ‘‘survivor of trafficking’’ has the meaning given the
7 term ‘‘victim of trafficking’’ in section 103 of the
8 Trafficking Victims Protection Act of 2000 (22
9 U.S.C. 7102).
10 (b) STUDY.—
11 (1) IN GENERAL.—The Secretary of Housing
12 and Urban Development shall conduct a study as-
13 sessing the availability and accessibility of housing
14 and services for individuals experiencing homeless-
15 ness or housing instability who are—
16 (A) survivors of trafficking, including sur-
17 vivors of a severe form of trafficking; or
18 (B) at risk of being trafficked.
19 (2) COORDINATION AND CONSULTATION.—In
20 conducting the study required under paragraph (1),
21 the Secretary shall—
22 (A) coordinate with—
23 (i) the Interagency Task Force to
24 Monitor and Combat Trafficking estab-
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1 Victims Protection Act of 2000 (22 U.S.C.
2 7103);
3 (ii) the United States Advisory Coun-
4 cil on Human Trafficking;
5 (iii) the Secretary of Health and
6 Human Services; and
7 (iv) the Attorney General; and
8 (B) consult with—
9 (i) the National Advisory Committee
10 on the Sex Trafficking of Children and
11 Youth in the United States;
12 (ii) survivors of trafficking;
13 (iii) direct service providers, includ-
14 ing—
15 (I) organizations serving runaway
16 and homeless youth;
17 (II) organizations serving sur-
18 vivors of trafficking through commu-
19 nity-based programs; and
20 (III) organizations providing
21 housing services to survivors of traf-
22 ficking; and
23 (iv) housing and homelessness assist-
24 ance providers, including recipients of
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1 (I) the Continuum of Care pro-
2 gram authorized under subtitle C of
3 title IV of the McKinney-Vento Home-
4 less Assistance Act (42 U.S.C. 11381
5 et seq.); and
6 (II) the Emergency Solutions
7 Grants program authorized under
8 subtitle B of title IV of the McKin-
9 ney-Vento Homeless Assistance Act
10 (42 U.S.C. 11371 et seq.).
11 (3) CONTENTS.—The study conducted pursuant
12 to paragraph (1) shall include—
13 (A) with respect to the individuals de-
14 scribed in such paragraph—
15 (i) an evaluation of formal assess-
16 ments and outreach methods used to iden-
17 tify and assess the housing and service
18 needs of such individuals, including out-
19 reach methods—
20 (I) to ensure effective commu-
21 nication with individuals with disabil-
22 ities; and
23 (II) to reach individuals with lim-
24 ited English proficiency;
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1 (ii) a review of the availability and ac-
2 cessibility of homelessness or housing serv-
3 ices for such individuals, including the
4 family members of such individuals who
5 are minors involved in foster care systems,
6 that identifies the disability-related needs
7 of such individuals, including the need for
8 housing with accessibility features;
9 (iii) an analysis of the effect of any
10 policies and procedures of mainstream
11 homelessness or housing services that fa-
12 cilitate or limit the availability of such
13 services and accessibility for such individ-
14 uals, including those such individuals who
15 are involved in the legal system, as such
16 services are in effect as of the date on
17 which the study is conducted;
18 (iv) a determination of the best prac-
19 tices in meeting the housing and service
20 needs of such individuals; and
21 (v) an assessment of barriers to fair
22 housing and housing discrimination against
23 survivors of trafficking who are members
24 of a protected class under the Fair Hous-
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1 (B) an assessment of the ability of main-
2 stream homelessness or housing services to
3 meet the specialized needs of survivors of traf-
4 ficking, including trauma responsive approaches
5 specific to labor and sex trafficking survivors;
6 and
7 (C) an evaluation of the effectiveness of,
8 and infrastructure considerations for, housing
9 and service-delivery models that are specific to
10 survivors of trafficking, including survivors of
11 severe forms of trafficking, including emergency
12 rental assistance models.
13 (c) REPORT.—Not later than 18 months after the
14 date of the enactment of this Act, the Secretary of Hous-
15 ing and Urban Development shall—
16 (1) submit a report to the Committee on Bank-
17 ing, Housing, and Urban Affairs of the Senate and
18 the Committee on Financial Services of the House of
19 Representatives that contains the information de-
20 scribed in subparagraphs (A) through (C) of sub-
21 section (b)(3); and
22 (2) make the report submitted pursuant to
23 paragraph (1) available to the public.
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1 TITLE VII—ECONOMIC SECURITY
2 FOR VICTIMS
3 SEC. 701. FINDINGS.
4 Congress finds the following:
5 (1) Over 1 in 3 women experience sexual vio-
6 lence, and 1 in 5 women have survived completed or
7 attempted rape. Such violence has a devastating im-
8 pact on women’s physical and emotional health, fi-
9 nancial security, and ability to maintain their jobs,
10 and thus impacts interstate commerce and economic
11 security.
12 (2) 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 (3) Violence can have a dramatic impact on the
24 survivor of such violence. Studies indicate that 44
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1 effect of domestic violence in the workplace, and 64
2 percent indicated their workplace performance was
3 affected by such violence. Another recent survey
4 found that 78 percent of offenders used workplace
5 resources to express anger, check up on, pressure, or
6 threaten a survivor. Sexual assault, whether occur-
7 ring in or out of the workplace, can impair an em-
8 ployee’s work performance, require time away from
9 work, and undermine the employee’s ability to main-
10 tain a job. Nearly 50 percent of sexual assault sur-
11 vivors lose their jobs or are forced to quit in the
12 aftermath of the assaults.
13 (4) Studies find that 60 percent of single
14 women lack economic security and 81 percent of
15 households with single mothers live in economic inse-
16 curity. Significant barriers that survivors confront
17 include access to housing, transportation, and child
18 care. Ninety-two percent of homeless women have
19 experienced domestic violence, and more than 50
20 percent of such women cite domestic violence as the
21 direct cause for homelessness. Survivors are deprived
22 of their autonomy, liberty, and security, and face
23 tremendous threats to their health and safety.
24 (5) The Centers for Disease Control and Pre-
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1 ner violence lose nearly 8,000,000 days of paid work,
2 which is the equivalent of more than 32,000 full-
3 time jobs and almost 5,600,000 days of household
4 productivity each year. Therefore, women dispropor-
5 tionately need time off to care for their health or to
6 find safety solutions, such as obtaining a restraining
7 order or finding housing, to avoid or prevent further
8 violence.
9 (6) Annual costs of intimate partner violence
10 are estimated to be more than $8,300,000,000. Ac-
11 cording to the Centers for Disease Control and Pre-
12 vention, the costs of intimate partner violence
13 against women in 1995 exceeded an estimated
14 $5,800,000,000. These costs included nearly
15 $4,100,000,000 in the direct costs of medical and
16 mental health care and nearly $1,800,000,000 in the
17 indirect costs of lost productivity. These statistics
18 are generally considered to be underestimated be-
19 cause the costs associated with the criminal justice
20 system are not included.
21 (7) Fifty-five percent of senior executives re-
22 cently surveyed said domestic violence has a harmful
23 effect on their company’s productivity, and more
24 than 70 percent said domestic violence negatively af-
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1 sources professionals consider partner violence a
2 workplace issue. However, more than 70 percent of
3 United States workplaces have no formal program or
4 policy that addresses workplace violence, let alone
5 domestic violence. In fact, only 4 percent of employ-
6 ers provided training on domestic violence.
7 (8) Harassment is a persistent and significant
8 problem in the workplace in the United States, and
9 the Equal Employment Opportunity Commission
10 found that not less than 25 percent, and as many
11 as 85 percent, of women surveyed report having ex-
12 perienced sexual harassment at work.
13 (9) For decades, survivors of sexual violence
14 have come forward to seek justice and demand their
15 right to be free from violence, harassment, and other
16 forms of discrimination. These calls for change
17 reached a tipping point after October 2017 as a re-
18 sult of Tarana Burke’s work and #MeToo going
19 viral. Thousands of courageous individuals, from
20 Hollywood to the halls of Congress and the military,
21 to restaurants, agricultural fields, and factory floors,
22 shined a light on the pervasive and insidious nature
23 of workplace harassment and sexual assault.
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1 (10) Working people can be subjected to mul-
2 tiple forms of harassment in the workplace at the
3 same time.
4 (11) According to the Equal Employment Op-
5 portunity Commission, approximately 3 out of 4 in-
6 dividuals who experience harassment never talked to
7 a supervisor, manager, or union representative about
8 the harassing conduct.
9 (12) The impact of domestic violence, dating vi-
10 olence, sexual assault, and stalking on the workplace
11 is a part of the challenge of workplace harassment.
12 (13) Studies indicate that one of the best pre-
13 dictors of whether a survivor will be able to stay
14 away from his or her abuser is the degree of his or
15 her economic independence. However, domestic vio-
16 lence, dating violence, sexual assault, and stalking
17 often negatively impact a survivor’s ability to main-
18 tain employment.
19 (14) Abusers frequently seek to exert financial
20 control over their partners by actively interfering
21 with their ability to work, including preventing their
22 partners from going to work, harassing their part-
23 ners at work, limiting their partners’ access to cash
24 or transportation, and sabotaging their partners’
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1 (15) Economic abuse refers to behaviors that
2 control an intimate partner’s ability to acquire, use,
3 and maintain access to money, credit, ownership of
4 assets, or governmental or private financial benefits,
5 including defaulting on joint obligations (such as
6 school loans, credit card debt, mortgages, or rent).
7 Other forms of such abuse may include preventing
8 someone from attending school, threatening to or ac-
9 tually terminating employment, controlling or with-
10 holding access to cash, checking, or credit accounts,
11 and attempting to damage or sabotage the credit-
12 worthiness of an intimate partner, including forcing
13 an intimate partner to write bad checks, forcing an
14 intimate partner to default on payments related to
15 household needs, such as housing, or forcing an inti-
16 mate partner into bankruptcy.
17 (16) This title aims to empower survivors of do-
18 mestic violence, dating violence, sexual assault, or
19 stalking to be free from violence, hardship, and con-
20 trol, which restrains basic human rights to freedom
21 and safety in the United States.
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1 SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE
2 RESPONSES TO ASSIST VICTIMS OF DOMES-
3 TIC AND SEXUAL VIOLENCE.
4 Section 41501 of the Violence Against Women Act
5 of 1994 (34 U.S.C. 12501) is amended—
6 (1) in subsection (a)—
7 (A) by inserting ‘‘and sexual harassment’’
8 after ‘‘domestic and sexual violence’’; and
9 (B) by striking ‘‘employers and labor orga-
10 nizations’’ and inserting ‘‘employers, labor or-
11 ganizations, and victim service providers’’; and
12 (2) in subsection (b)—
13 (A) in paragraph (2), by striking ‘‘and’’ at
14 the end;
15 (B) in paragraph (3) by striking ‘‘and
16 stalking’’ and inserting ‘‘stalking, and sexual
17 harassment’’;
18 (3) in subsection (c)(1), by inserting ‘‘or sexual
19 harassment’’ before the period at the end;
20 (4) in subsection (c)(2)(A), by inserting ‘‘or
21 sexual harassment’’ after ‘‘sexual violence’’;
22 (5) by redesignating subsections (e) and (f) as
23 subsections (f) and (g), respectively;
24 (6) by inserting after subsection (d) the fol-
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1 ‘‘(e) PATHWAYS TO OPPORTUNITY PILOT
2 PROJECT.—An eligible nonprofit nongovernmental entity
3 or tribal organization that receives a grant under this sec-
4 tion may develop a plan to enhance the capacity of sur-
5 vivors to obtain and maintain employment, including
6 through the implementation of a demonstration pilot pro-
7 gram to be known as ‘Pathways to Opportunity’, which
8 shall—
9 ‘‘(1) build collaborations between and among
10 victim service providers, workforce development pro-
11 grams, and educational and vocational institutions to
12 provide trauma informed programming to support
13 survivors seeking employment; and
14 ‘‘(2) be centered around culturally specific orga-
15 nizations or organizations that primarily serve popu-
16 lations traditionally marginalized in the workplace.’’;
17 (7) in subsection (f), as so redesignated, by
18 striking ‘‘$1,000,000 for each of fiscal years 2014
19 through 2018’’ and inserting ‘‘$2,000,000 for each
20 of fiscal years 2023 through 2027’’.
21 SEC. 703. PROVISIONS RELATED TO THE TEMPORARY AS-
22 SISTANCE FOR NEEDY FAMILIES PROGRAM.
23 (a) TANF PERSONNEL TRAINING.—
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1 (1) IN GENERAL.—Section 402(a) of the Social
2 Security Act (42 U.S.C. 602(a)) is amended by add-
3 ing at the end the following new paragraph:
4 ‘‘(8) CERTIFICATION THAT THE STATE WILL
5 PROVIDE INFORMATION TO VICTIMS OF SEXUAL
6 HARASSMENT OR SURVIVORS OF DOMESTIC VIO-
7 LENCE, SEXUAL ASSAULT, OR STALKING.—
8 ‘‘(A) IN GENERAL.—A certification by the
9 chief executive officer of the State that the
10 State has established and is enforcing stand-
11 ards and procedures to—
12 ‘‘(i) ensure that applicants and poten-
13 tial applicants for assistance under the
14 State program funded under this part are
15 notified of assistance made available by the
16 State to victims of sexual harassment and
17 survivors of domestic violence, sexual as-
18 sault, or stalking;
19 ‘‘(ii) ensure that case workers and
20 other agency personnel responsible for ad-
21 ministering the State program funded
22 under this part are trained in—
23 ‘‘(I) the nature and dynamics of
24 sexual harassment and domestic vio-
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1 ‘‘(II) State standards and proce-
2 dures relating to the prevention of,
3 and assistance for, individuals who
4 are victims of sexual harassment or
5 survivors of domestic violence, sexual
6 assault, or stalking; and
7 ‘‘(III) methods of ascertaining
8 and ensuring the confidentiality of
9 personal information and documenta-
10 tion related to applicants for assist-
11 ance and their children who have pro-
12 vided notice about their experiences of
13 sexual harassment, domestic violence,
14 sexual assault, or stalking; and
15 ‘‘(iii) ensure that, if a State has elect-
16 ed to establish and enforce standards and
17 procedures regarding the screening for,
18 and identification of, domestic violence,
19 sexual assault, or stalking pursuant to
20 paragraph (7)—
21 ‘‘(I) the State program funded
22 under this part provides information
23 about the options under this part to
24 current and potential beneficiaries;
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1 ‘‘(II) case workers and other
2 agency personnel responsible for ad-
3 ministering the State program funded
4 under this part are provided with
5 training regarding State standards
6 and procedures pursuant to paragraph
7 (7).
8 ‘‘(B) DEFINITIONS.—For purposes of this
9 paragraph—
10 ‘‘(i) the term ‘sexual harassment’
11 means hostile, intimidating, or oppressive
12 behavior based on sex that creates an of-
13 fensive work environment;
14 ‘‘(ii) the term ‘domestic violence’ has
15 the meaning given such term in paragraph
16 (7); and
17 ‘‘(iii) the terms ‘sexual assault’ and
18 ‘stalking’ have the meanings given such
19 terms in section 40002 of the Violence
20 Against Women Act of 1994 (34 U.S.C.
21 12291).’’.
22 (2) IMPLEMENTATION.—Not later than 1 year
23 after the date of enactment of this Act, each State
24 shall submit the certification required under para-
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1 cial Security Act (42 U.S.C. 602), as added by para-
2 graph (1), in the form of an amendment to the
3 State’s plan submitted under such section. A State
4 shall not be regarded as failing to comply with the
5 requirement of such paragraph (8) before the date
6 that is 1 year after the date of enactment of this
7 Act.
8 (b) NATIONAL GRANT PROGRAM FOR DEVELOPING
9 A MODEL TRAINING PROGRAM FOR TANF PERSONNEL
10 TRAINING.—
11 (1) GRANTS AUTHORIZED.—
12 (A) MODEL TRAINING PROGRAM.—The
13 Secretary of Health and Human Services (in
14 this subsection referred to as the ‘‘Secretary’’)
15 shall—
16 (i) develop and disseminate a model
17 training program (and related materials)
18 for the training required under section
19 402(a)(8) of the Social Security Act, and
20 if the State so elects, section 402(a)(7) of
21 such Act; and
22 (ii) provide technical assistance with
23 respect to such model training program to
24 eligible States (as defined in section 402 of
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1 (B) GRANTS.—In developing the model
2 training program under subparagraph (A)(i),
3 the Secretary may award grants and contracts
4 and may develop such program in cooperation
5 with an eligible partner.
6 (2) ELIGIBLE PARTNER DEFINED.—For pur-
7 poses of paragraph (1), the term ‘‘eligible partner’’
8 means an entity that is—
9 (A) a State or tribal domestic violence coa-
10 lition or sexual assault coalition; or
11 (B) a State or local victim service provider
12 with recognized expertise in the dynamics of do-
13 mestic violence, sexual assault, or stalking
14 whose primary mission is to provide services to
15 survivors of domestic violence, sexual assault, or
16 stalking, including a rape crisis center or do-
17 mestic violence program.
18 (3) REPORT.—
19 (A) REPORT TO CONGRESS.—Not later
20 than 5 years after the date of the enactment of
21 this Act, the Secretary shall submit to the Com-
22 mittee on Ways and Means of the House of
23 Representatives and the Committee on Finance
24 of the Senate a report on the program estab-
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1 (B) REPORT AVAILABLE TO PUBLIC.—The
2 Secretary shall establish procedures for the dis-
3 semination to the public of the report submitted
4 under subparagraph (A) not later than 10 days
5 after the submission of such report to Congress
6 under such subparagraph. Such procedures
7 shall include the use of the internet to dissemi-
8 nate such report.
9 (4) AUTHORIZATION OF APPROPRIATIONS.—
10 There are authorized to be appropriated $3,000,000
11 to carry out this section for each of fiscal years
12 2023 through 2027.
13 SEC. 704. STUDY AND REPORTS ON BARRIERS TO SUR-
14 VIVORS’ ECONOMIC SECURITY ACCESS.
15 (a) STUDY.—The Secretary of Health and Human
16 Services, in consultation with the Secretary of Labor, shall
17 conduct a study on the barriers that survivors of domestic
18 violence, dating violence, sexual assault, or stalking
19 throughout the United States experience in maintaining
20 economic security, including the impact of the COVID–
21 19 pandemic on such victims’ ability to maintain economic
22 security, as a result of issues related to domestic violence,
23 dating violence, sexual assault, or stalking.
24 (b) REPORTS.—Not later than 1 year after the date
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1 the Secretary of Health and Human Services, in consulta-
2 tion with the Secretary of Labor, shall submit a report
3 to Congress on the study conducted under subsection (a).
4 (c) CONTENTS.—The study and reports under this
5 section shall include—
6 (1) identification of geographic areas in which
7 State laws, regulations, and practices have a strong
8 impact on the ability of survivors of domestic vio-
9 lence, dating violence, sexual assault, or stalking to
10 exercise—
11 (A) any rights under this title (including
12 any amendments made by this title) without
13 compromising personal safety or the safety of
14 others, including family members and excluding
15 the abuser; and
16 (B) other components of economic security,
17 including financial empowerment, affordable
18 housing, transportation, health care access,
19 credit history, and quality education and train-
20 ing opportunities;
21 (2) identification of geographic areas with
22 shortages in resources for such survivors, with an
23 accompanying analysis of the extent and impact of
24 such shortage;
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1 (3) analysis of the unique barriers faced by
2 such survivors living in rural communities;
3 (4) analysis of factors related to industries,
4 workplace settings, employer practices, trends, and
5 other elements that impact the ability of such sur-
6 vivors to exercise any rights under this Act (includ-
7 ing any amendments made by this Act) without com-
8 promising personal safety or the safety of others, in-
9 cluding family members;
10 (5) the recommendations of the Secretary of
11 Health and Human Services and the Secretary of
12 Labor with respect to resources, oversight, and en-
13 forcement tools to ensure successful implementation
14 of the provisions of this Act in order to support the
15 economic security and safety of survivors of domestic
16 violence, dating violence, sexual assault, or stalking;
17 (6) best practices for States, employers, health
18 carriers, insurers, and other private entities in ad-
19 dressing issues related to domestic violence, dating
20 violence, sexual assault, or stalking; and
21 (7) barriers that impede victims’ ability to pur-
22 sue legal action, including legal costs and filing fees,
23 and complexities of the jurisdiction of law enforce-
24 ment agencies.
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1 SEC. 705. GAO STUDY.
2 Not later than 18 months after the date of enactment
3 of this Act, the Comptroller General of the United States
4 shall submit to the Committee on Education and Labor
5 of the House of Representatives and the Committee on
6 Health, Education, Labor, and Pensions of the Senate a
7 report that examines, with respect to survivors of domestic
8 violence, dating violence, sexual assault, or stalking who
9 are, or were, enrolled at institutions of higher education
10 and borrowed a loan made, insured, or guaranteed under
11 title IV of the Higher Education Act of 1965 (20 U.S.C.
12 1070 et seq.) for which the survivors have not repaid the
13 total interest and principal due, each of the following:
14 (1) The implications of domestic violence, dat-
15 ing violence, sexual assault, or stalking on a bor-
16 rower’s ability to repay their Federal student loans.
17 (2) The adequacy of policies and procedures re-
18 garding Federal student loan deferment, forbear-
19 ance, and grace periods when a survivor has to sus-
20 pend or terminate the survivor’s enrollment at an in-
21 stitution of higher education due to domestic vio-
22 lence, dating violence, sexual assault, or stalking.
23 (3) The adequacy of institutional policies and
24 practices regarding retention or transfer of credits
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26 survivor’s enrollment at an institution of higher edu-
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1 cation due to domestic violence, dating violence, sex-
2 ual assault, or stalking.
3 (4) The availability or any options for a sur-
4 vivor of domestic violence, dating violence, sexual as-
5 sault, or stalking who attended an institution of
6 higher education that committed unfair, deceptive,
7 or abusive acts or practices, or otherwise substan-
8 tially misrepresented information to students, to be
9 able to seek a defense to repayment of the survivor’s
10 Federal student loan.
11 (5) The limitations faced by a survivor of do-
12 mestic violence, dating violence, sexual assault, or
13 stalking to obtain any relief or restitution on the
14 survivor’s Federal student loan debt due to the use
15 of forced arbitration, gag orders, or bans on class
16 actions.
17 TITLE VIII—SAFETY FOR INDIAN
18 WOMEN
19 Subtitle A—Tools to Enhance
20 Public Safety for Indian Tribes
21 SEC. 801. FINDINGS AND PURPOSES.
22 (a) FINDINGS.—Congress finds that—
23 (1) American Indians and Alaska Natives are—
24 (A) 2.5 times as likely to experience violent
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1 (B) at least 2 times more likely to experi-
2 ence rape or sexual assault crimes;
3 (2) more than 4 in 5 American Indian and
4 Alaska Native women have experienced violence in
5 their lifetime;
6 (3) the vast majority of American Indian and
7 Alaska Native victims of violence—96 percent of
8 women victims and 89 percent of male victims—have
9 experienced sexual violence by a non-Indian perpe-
10 trator at least once in their lifetime;
11 (4) Indian Tribes exercising special domestic vi-
12 olence criminal jurisdiction over non-Indians pursu-
13 ant to section 204 of Public Law 90–284 (25 U.S.C.
14 1304) (commonly known as the ‘‘Indian Civil Rights
15 Act of 1968’’), restored by section 904 of the Vio-
16 lence Against Women Reauthorization Act of 2013
17 (Public Law 113–4; 127 Stat. 120), have reported
18 significant success holding violent offenders account-
19 able for crimes of domestic violence, dating violence,
20 and civil protection order violations;
21 (5) Tribal prosecutors for Indian Tribes exer-
22 cising special domestic violence criminal jurisdiction
23 report that the majority of domestic violence cases
24 involve children either as witnesses or victims, and
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1 dian and Alaska Native children suffer exposure to
2 violence at one of the highest rates in the United
3 States;
4 (6) childhood exposure to violence can have im-
5 mediate and long-term effects, including increased
6 rates of altered neurological development, poor phys-
7 ical and mental health, poor school performance,
8 substance abuse, and overrepresentation in the juve-
9 nile justice system;
10 (7) according to the Centers for Disease Con-
11 trol and Prevention, homicide is—
12 (A) the third leading cause of death among
13 American Indian and Alaska Native women be-
14 tween 10 and 24 years of age; and
15 (B) the fifth leading cause of death for
16 American Indian and Alaska Native women be-
17 tween 25 and 34 years of age;
18 (8) in some areas of the United States, Native
19 American women are murdered at rates more than
20 10 times the national average;
21 (9) according to a 2017 report by the Depart-
22 ment of Justice, 66 percent of criminal prosecutions
23 for crimes in Indian country that United States At-
24 torneys declined to prosecute involved assault, mur-
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1 (10) investigation into cases of missing or mur-
2 dered Indigenous women is made difficult for Tribal
3 law enforcement agencies due to a lack of resources,
4 including a lack of—
5 (A) necessary personnel, training, equip-
6 ment, or funding;
7 (B) interagency cooperation;
8 (C) appropriate laws in place; and
9 (D) access to Federal law enforcement
10 databases;
11 (11) domestic violence calls are among the most
12 dangerous calls that law enforcement receives;
13 (12) the complicated jurisdictional scheme that
14 exists in Indian country—
15 (A) has a significant impact on public safe-
16 ty in Indian communities;
17 (B) according to Tribal justice officials,
18 has been increasingly exploited by criminals;
19 and
20 (C) requires a high degree of commitment
21 and cooperation among Tribal, Federal, and
22 State law enforcement officials;
23 (13) restoring and enhancing Tribal capacity to
24 address violence against women provides for greater
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1 local control, safety, accountability, and trans-
2 parency;
3 (14) Indian Tribes with restrictive settlement
4 Acts, such as Indian Tribes in the State of Maine,
5 and Indian Tribes located in States with concurrent
6 authority to prosecute crimes in Indian country
7 under the amendments made by the Act of August
8 15, 1953 (67 Stat. 590, chapter 506), face unique
9 public safety challenges; and
10 (15) Native Hawaiians experience a dispropor-
11 tionately high rate of human trafficking, with 64
12 percent of human trafficking victims in the State of
13 Hawai’i identifying as at least part Native Hawai-
14 ian.
15 (b) PURPOSES.—The purposes of this subtitle are—
16 (1) to clarify the responsibilities of Federal,
17 State, Tribal, and local law enforcement agencies
18 with respect to responding to cases of domestic vio-
19 lence, dating violence, stalking, sex trafficking, sex-
20 ual violence, crimes against children, and assault
21 against Tribal law enforcement officers;
22 (2) to increase coordination and communication
23 among Federal, State, Tribal, and local law enforce-
24 ment agencies;
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1 (3) to empower Tribal governments and Native
2 American communities, including urban Indian com-
3 munities and Native Hawaiian communities, with
4 the resources and information necessary to effec-
5 tively respond to cases of domestic violence, dating
6 violence, stalking, sex trafficking, sexual violence,
7 and missing or murdered Native Americans; and
8 (4) to increase the collection of data related to
9 missing or murdered Native Americans and the
10 sharing of information among Federal, State, Tribal,
11 and local officials responsible for responding to and
12 investigating crimes impacting Indian Tribes and
13 Native American communities, including urban In-
14 dian communities and Native Hawaiian commu-
15 nities, especially crimes relating to cases of missing
16 or murdered Native Americans.
17 SEC. 802. TRIBAL ACCESS PROGRAM.
18 (a) ACCESS TO NATIONAL CRIME INFORMATION
19 DATABASES BY INDIAN TRIBES.—Section 233(b) of the
20 Tribal Law and Order Act of 2010 (34 U.S.C. 41107)
21 is amended—
22 (1) by striking paragraph (1) and inserting the
23 following:
24 ‘‘(1) IN GENERAL.—The Attorney General shall
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1 ‘‘(A) tribal law enforcement officials that
2 meet applicable Federal or State requirements
3 shall be permitted access to national crime in-
4 formation databases; and
5 ‘‘(B) technical assistance and training is
6 provided to Bureau of Indian Affairs and tribal
7 law enforcement agencies to gain access to, and
8 the ability to use and input information into,
9 the National Crime Information Center and
10 other national crime information databases pur-
11 suant to section 534 of title 28, United States
12 Code.’’; and
13 (2) in paragraph (3), by striking ‘‘with criminal
14 jurisdiction over Indian country’’.
15 (b) ACQUISITION, PRESERVATION, AND EXCHANGE
16 OF IDENTIFICATION RECORDS AND INFORMATION.—Sec-
17 tion 534(d) of title 28, United States Code, is amended—
18 (1) by redesignating paragraphs (1) and (2) as
19 subparagraphs (A) and (B), respectively, and indent-
20 ing appropriately;
21 (2) in the matter preceding subparagraph (A)
22 (as so redesignated) by striking ‘‘The Attorney Gen-
23 eral’’ and inserting the following:
24 ‘‘(1) IN GENERAL.—The Attorney General’’;
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1 (3) by adding at the end the following:
2 ‘‘(2) TRIBAL ACCESS PROGRAM.—
3 ‘‘(A) IN GENERAL.—The Attorney General
4 shall establish a program, to be known as the
5 ‘Tribal Access Program’, to enhance the ability
6 of tribal governments and their authorized
7 agencies to access, enter information into, and
8 obtain information from national criminal infor-
9 mation databases under this section.
10 ‘‘(B) AUTHORIZATION OF APPROPRIA-
11 TIONS.—There is authorized to be appropriated
12 to carry out the Tribal Access Program under
13 subparagraph (A) $6,000,000 for each of fiscal
14 years 2023 through 2027, to remain available
15 until expended.
16 ‘‘(3) INFORMATION SHARING.—To the extent
17 otherwise permitted by law, any report issued as a
18 result of the analysis of information entered into na-
19 tional criminal information databases or obtained
20 from Federal criminal databases shall be shared
21 with each Indian tribe of jurisdiction, including In-
22 dian tribes located in the State of Maine.’’.
23 (c) IDENTIFICATION RECORDS.—The second para-
24 graph of the matter under the heading ‘‘SALARIES AND
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1 VESTIGATION’’ of the Department of Justice Appropria-
2 tion Act, 1973 (34 U.S.C. 41101) is amended—
3 (1) by inserting ‘‘or Tribal’’ after ‘‘if authorized
4 by State’’; and
5 (2) by inserting ‘‘, Tribal,’’ before ‘‘and local
6 governments’’.
7 SEC. 803. BUREAU OF PRISONS TRIBAL PRISONER PRO-
8 GRAM.
9 Section 234(c) of the Tribal Law and Order Act of
10 2010 (25 U.S.C. 1302 note; Public Law 111–211) is
11 amended—
12 (1) in the subsection heading, by striking
13 ‘‘PILOT’’;
14 (2) by striking ‘‘pilot’’ each place it appears;
15 (3) in paragraph (1), by striking ‘‘Not later
16 than 120 days after the date of enactment of this
17 title’’ and inserting ‘‘Not later than 120 days after
18 the date of enactment of the Violence Against
19 Women Act Reauthorization Act of 2022’’;
20 (4) in paragraph (2)(B), by striking ‘‘2 or more
21 years’’ and inserting ‘‘1 or more years’’; and
22 (5) by striking paragraphs (5) and (6).
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1 SEC. 804. TRIBAL JURISDICTION OVER COVERED CRIMES.
2 Section 204 of Public Law 90–284 (25 U.S.C. 1304)
3 (commonly known as the ‘‘Indian Civil Rights Act of
4 1968’’) is amended—
5 (1) in the section heading, by striking
6 ‘‘CRIMES OF DOMESTIC VIOLENCE’’ and insert-
7 ing ‘‘COVERED CRIMES’’;
8 (2) by striking ‘‘special domestic violence crimi-
9 nal jurisdiction’’ each place it appears and inserting
10 ‘‘special Tribal criminal jurisdiction’’;
11 (3) in subsection (a)—
12 (A) by redesignating paragraphs (1), (2),
13 (3), (4), (5), (6), and (7) as paragraphs (6),
14 (7), (8), (10), (11), (14), and (15), respectively;
15 (B) by inserting before paragraph (6) (as
16 so redesignated) the following:
17 ‘‘(1) ASSAULT OF TRIBAL JUSTICE PER-
18 SONNEL.—The term ‘assault of Tribal justice per-
19 sonnel’ means any violation of the criminal law of
20 the Indian tribe that has jurisdiction over the Indian
21 country where the violation occurs that involves the
22 use, attempted use, or threatened use of physical
23 force against an individual authorized to act for, or
24 on behalf of, that Indian tribe or serving that Indian
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25 tribe during, or because of, the performance or du-
26 ties of that individual in—
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1 ‘‘(A) preventing, detecting, investigating,
2 making arrests relating to, making apprehen-
3 sions for, or prosecuting a covered crime;
4 ‘‘(B) adjudicating, participating in the ad-
5 judication of, or supporting the adjudication of
6 a covered crime;
7 ‘‘(C) detaining, providing supervision for,
8 or providing services for persons charged with
9 a covered crime; or
10 ‘‘(D) incarcerating, supervising, providing
11 treatment for, providing rehabilitation services
12 for, or providing reentry services for persons
13 convicted of a covered crime.
14 ‘‘(2) CHILD.—The term ‘child’ means a person
15 who has not attained the lesser of—
16 ‘‘(A) the age of 18; and
17 ‘‘(B) except in the case of sexual abuse,
18 the age specified by the criminal law of the In-
19 dian tribe that has jurisdiction over the Indian
20 country where the violation occurs.
21 ‘‘(3) CHILD VIOLENCE.—The term ‘child vio-
22 lence’ means the use, threatened use, or attempted
23 use of violence against a child proscribed by the
24 criminal law of the Indian tribe that has jurisdiction
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25 over the Indian country where the violation occurs.
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1 ‘‘(4) COERCION; COMMERCIAL SEX ACT.—The
2 terms ‘coercion’ and ‘commercial sex act’ have the
3 meanings given the terms in section 1591(e) of title
4 18, United States Code.
5 ‘‘(5) COVERED CRIME.—The term ‘covered
6 crime’ means—
7 ‘‘(A) assault of Tribal justice personnel;
8 ‘‘(B) child violence;
9 ‘‘(C) dating violence;
10 ‘‘(D) domestic violence;
11 ‘‘(E) obstruction of justice;
12 ‘‘(F) sexual violence;
13 ‘‘(G) sex trafficking;
14 ‘‘(H) stalking; and
15 ‘‘(I) a violation of a protection order.’’;
16 (C) in paragraph (6) (as so redesignated),
17 by striking ‘‘violence committed’’ and inserting
18 ‘‘any violation of the criminal law of the Indian
19 tribe that has jurisdiction over the Indian coun-
20 try where the violation occurs that is com-
21 mitted’’;
22 (D) by striking paragraph (7) (as so redes-
23 ignated) and inserting the following:
24 ‘‘(7) DOMESTIC VIOLENCE.—The term ‘domes-
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1 of the Indian tribe that has jurisdiction over the In-
2 dian country where the violation occurs that is com-
3 mitted by—
4 ‘‘(A) a current or former spouse or inti-
5 mate partner of the victim;
6 ‘‘(B) a person with whom the victim shares
7 a child in common;
8 ‘‘(C) a person who is cohabitating with or
9 who has cohabitated with the victim as a spouse
10 or intimate partner; or
11 ‘‘(D) a person similarly situated to a
12 spouse of the victim under the domestic- or
13 family-violence laws of the Indian tribe that has
14 jurisdiction over the Indian country where the
15 violation occurs.’’;
16 (E) by inserting after paragraph (8) (as so
17 redesignated) the following:
18 ‘‘(9) OBSTRUCTION OF JUSTICE.—The term
19 ‘obstruction of justice’ means any violation of the
20 criminal law of the Indian tribe that has jurisdiction
21 over the Indian country where the violation occurs
22 that involves interfering with the administration or
23 due process of the laws of the Indian tribe, including
24 any Tribal criminal proceeding or investigation of a
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1 (F) by inserting after paragraph (11) (as
2 so redesignated) the following:
3 ‘‘(12) SEX TRAFFICKING.—The term ‘sex traf-
4 ficking’ means conduct within the meaning of sec-
5 tion 1591(a) of title 18, United States Code.
6 ‘‘(13) SEXUAL VIOLENCE.—The term ‘sexual vi-
7 olence’ means any nonconsensual sexual act or con-
8 tact proscribed by the criminal law of the Indian
9 tribe that has jurisdiction over the Indian country
10 where the violation occurs, including in any case in
11 which the victim lacks the capacity to consent to the
12 act.’’;
13 (G) in paragraph (14) (as so redesig-
14 nated), in the paragraph heading, by striking
15 ‘‘SPECIAL DOMESTIC VIOLENCE CRIMINAL JU-
16 RISDICTION’’ and inserting ‘‘SPECIAL TRIBAL
17 CRIMINAL JURISDICTION’’; and
18 (H) by adding at the end the following:
19 ‘‘(16) STALKING.—The term ‘stalking’ means
20 engaging in a course of conduct directed at a spe-
21 cific person proscribed by the criminal law of the In-
22 dian tribe that has jurisdiction over the Indian coun-
23 try where the violation occurs that would cause a
24 reasonable person—
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1 ‘‘(A) to fear for the person’s safety or the
2 safety of others; or
3 ‘‘(B) to suffer substantial emotional dis-
4 tress.
5 ‘‘(17) VIOLATION OF A PROTECTION ORDER.—
6 The term ‘violation of a protection order’ means an
7 act that—
8 ‘‘(A) occurs in the Indian country of a par-
9 ticipating tribe; and
10 ‘‘(B) violates a provision of a protection
11 order that—
12 ‘‘(i) prohibits or provides protection
13 against violent or threatening acts or har-
14 assment against, sexual violence against,
15 contact or communication with, or physical
16 proximity to, another person;
17 ‘‘(ii) was issued against the defend-
18 ant;
19 ‘‘(iii) is enforceable by the partici-
20 pating tribe; and
21 ‘‘(iv) is consistent with section
22 2265(b) of title 18, United States Code.’’;
23 (4) in subsection (b)(1), by inserting after ‘‘the
24 powers of self-government of a participating tribe’’
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1 the following: ‘‘, including any participating tribes in
2 the State of Maine,’’;
3 (5) in subsection (b)(4)—
4 (A) in the paragraph heading, by striking
5 ‘‘EXCEPTIONS’’ and inserting ‘‘EXCEPTION IF
6 VICTIM AND DEFENDANT ARE BOTH NON-INDI-
7 ANS’’;
8 (B) in subparagraph (A)(i), by inserting ‘‘,
9 other than obstruction of justice or assault of
10 Tribal justice personnel,’’ after ‘‘over an alleged
11 offense’’;
12 (C) by striking subparagraph (B);
13 (D) in subparagraph (A)—
14 (i) by striking the subparagraph des-
15 ignation and heading and all that follows
16 through ‘‘A participating’’ in clause (i) and
17 inserting the following:
18 ‘‘(A) IN GENERAL.—A participating’’; and
19 (ii) by redesignating clause (ii) as
20 subparagraph (B) and indenting appro-
21 priately; and
22 (E) in subparagraph (B) (as so redesig-
23 nated), by striking ‘‘subparagraph’’ and insert-
24 ing ‘‘paragraph’’;
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1 (6) by striking subsection (c) and inserting the
2 following:
3 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may
4 exercise special Tribal criminal jurisdiction over a defend-
5 ant for a covered crime that occurs in the Indian country
6 of the participating tribe.’’;
7 (7) in subsection (e), by striking paragraph (3);
8 and
9 (8) by striking subsections (f), (g), and (h) and
10 inserting the following:
11 ‘‘(f) PETITIONS FOR WRITS OF HABEAS CORPUS.—
12 ‘‘(1) IN GENERAL.—After a defendant has been
13 sentenced by a participating tribe, the defendant
14 may file a petition for a writ of habeas corpus in a
15 court of the United States under section 203.
16 ‘‘(2) REQUIREMENT.—An application for a writ
17 of habeas corpus on behalf of a person in custody
18 pursuant to an order of a Tribal court shall not be
19 granted unless —
20 ‘‘(A) the applicant has exhausted the rem-
21 edies available in the Tribal court system;
22 ‘‘(B) there is an absence of an available
23 Tribal corrective process; or
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1 ‘‘(C) circumstances exist that render the
2 Tribal corrective process ineffective to protect
3 the rights of the applicant.
4 ‘‘(g) NOTICE; HABEAS CORPUS PETITIONS.—A par-
5 ticipating tribe that has ordered the detention of any per-
6 son has a duty to timely notify in writing such person of
7 their rights and privileges under this section and under
8 section 203.
9 ‘‘(h) REIMBURSEMENT AND GRANTS TO TRIBAL
10 GOVERNMENTS.—
11 ‘‘(1) REIMBURSEMENT.—
12 ‘‘(A) IN GENERAL.—The Attorney General
13 may reimburse Tribal government authorities
14 (or an authorized designee of a Tribal govern-
15 ment) for expenses incurred in exercising spe-
16 cial Tribal criminal jurisdiction.
17 ‘‘(B) ELIGIBLE EXPENSES.—Eligible ex-
18 penses for reimbursement under subparagraph
19 (A) shall include expenses and costs incurred
20 in, relating to, or associated with—
21 ‘‘(i) investigating, making arrests re-
22 lating to, making apprehensions for, or
23 prosecuting covered crimes (including costs
24 involving the purchasing, collecting, and
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1 processing of sexual assault forensic mate-
2 rials);
3 ‘‘(ii) detaining, providing supervision
4 of, or providing services for persons
5 charged with covered crimes (including
6 costs associated with providing health
7 care);
8 ‘‘(iii) providing indigent defense serv-
9 ices for 1 or more persons charged with 1
10 or more covered crimes; and
11 ‘‘(iv) incarcerating, supervising, or
12 providing treatment, rehabilitation, or re-
13 entry services for 1 or more persons
14 charged with 1 or more covered crimes.
15 ‘‘(C) PROCEDURE.—
16 ‘‘(i) IN GENERAL.—Reimbursements
17 authorized under subparagraph (A) shall
18 be in accordance with rules promulgated by
19 the Attorney General, after consultation
20 with Indian tribes, and within 1 year after
21 the date of enactment of the Violence
22 Against Women Act Reauthorization Act
23 of 2022.
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1 ‘‘(ii) MAXIMUM REIMBURSEMENT.—
2 The rules promulgated by the Attorney
3 General under clause (i)—
4 ‘‘(I) shall set a maximum allow-
5 able reimbursement to any Tribal gov-
6 ernment (or an authorized designee of
7 any Tribal government) in a 1-year
8 period; and
9 ‘‘(II) may allow the Attorney
10 General—
11 ‘‘(aa) to establish conditions
12 under which a Tribal government
13 (or an authorized designee of a
14 Tribal government) may seek a
15 waiver to the maximum allowable
16 reimbursement requirement es-
17 tablished under subclause (I);
18 and
19 ‘‘(bb) to waive the maximum
20 allowable reimbursement require-
21 ments established under sub-
22 clause (I) for a Tribal govern-
23 ment (or an authorized designee
24 of a Tribal government) if the
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1 torney General under item (aa)
2 are met by that Tribal govern-
3 ment (or authorized designee).
4 ‘‘(iii) TIMELINESS OF REIMBURSE-
5 MENTS.—To the maximum extent prac-
6 ticable, the Attorney General shall—
7 ‘‘(I) not later than 90 days after
8 the date on which the Attorney Gen-
9 eral receives a qualifying reimburse-
10 ment request from a Tribal govern-
11 ment (or an authorized designee of a
12 Tribal government)—
13 ‘‘(aa) reimburse the Tribal
14 government (or authorized des-
15 ignee); or
16 ‘‘(bb) notify the Tribal gov-
17 ernment (or authorized designee)
18 of the reason by which the Attor-
19 ney General was unable to issue
20 the reimbursement; and
21 ‘‘(II) not later than 30 days after
22 the date on which a Tribal govern-
23 ment (or an authorized designee of a
24 Tribal government) reaches the an-
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1 ment for the Tribal government (or
2 an authorized designee) established by
3 the Attorney General under clause
4 (ii)(I), notify the Tribal government
5 (or authorized designee) that the
6 Tribal government has reached its an-
7 nual maximum allowable reimburse-
8 ment.
9 ‘‘(D) ELIGIBILITY FOR PARTICIPATING
10 TRIBES IN ALASKA.—A Tribal government (or
11 an authorized designee of a Tribal Government)
12 of an Indian tribe designated as a participating
13 Tribe under subtitle B of title VIII of the Vio-
14 lence Against Women Act Reauthorization Act
15 of 2022 shall be eligible for reimbursement, in
16 accordance with this paragraph, of expenses in-
17 curred in exercising special Tribal criminal ju-
18 risdiction under that subtitle.
19 ‘‘(2) GRANTS.—The Attorney General may
20 award grants to Tribal governments (or authorized
21 designees of Tribal governments), including a Tribal
22 government (or an authorized designee of a Tribal
23 government) of an Indian tribe designated as a par-
24 ticipating Tribe under subtitle B of title VIII of the
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1 Violence Against Women Act Reauthorization Act of
2 2022—
3 ‘‘(A) to strengthen Tribal criminal justice
4 systems to assist Indian tribes in exercising
5 special Tribal criminal jurisdiction, including
6 for—
7 ‘‘(i) law enforcement (including the
8 capacity of law enforcement, court per-
9 sonnel, or other non-law enforcement enti-
10 ties that have no Federal or State arrest
11 authority agencies but have been des-
12 ignated by an Indian tribe as responsible
13 for maintaining public safety within the
14 territorial jurisdiction of the Indian tribe,
15 to enter information into and obtain infor-
16 mation from national crime information
17 databases);
18 ‘‘(ii) prosecution;
19 ‘‘(iii) trial and appellate courts (in-
20 cluding facilities maintenance, renovation,
21 and rehabilitation);
22 ‘‘(iv) supervision systems;
23 ‘‘(v) detention and corrections (includ-
24 ing facilities maintenance, renovation, and
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1 ‘‘(vi) treatment, rehabilitation, and re-
2 entry programs and services;
3 ‘‘(vii) culturally appropriate services
4 and assistance for victims and their fami-
5 lies; and
6 ‘‘(viii) criminal codes and rules of
7 criminal procedure, appellate procedure,
8 and evidence;
9 ‘‘(B) to provide indigent criminal defend-
10 ants with licensed defense counsel, at no cost to
11 the defendant, in criminal proceedings in which
12 a participating tribe prosecutes covered crimes;
13 ‘‘(C) to ensure that, in criminal pro-
14 ceedings in which a participating tribe exercises
15 special Tribal criminal jurisdiction, jurors are
16 summoned, selected, and instructed in a man-
17 ner consistent with all applicable requirements;
18 and
19 ‘‘(D) to accord victims of covered crimes
20 rights that are similar to the rights of a crime
21 victim described in section 3771(a) of title 18,
22 United States Code, consistent with Tribal law
23 and custom.
24 ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Amounts made
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1 plant any other Federal, State, or local government
2 amounts made available to carry out activities described
3 in this section.
4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
5 ‘‘(1) IN GENERAL.—There is authorized to be
6 appropriated $25,000,000 for each of fiscal years
7 2023 through 2027—
8 ‘‘(A) to carry out subsection (h); and
9 ‘‘(B) to provide training, technical assist-
10 ance, data collection, and evaluation of the
11 criminal justice systems of participating tribes.
12 ‘‘(2) LIMITATIONS.—Of the total amount made
13 available under paragraph (1) for each fiscal year,
14 not more than 40 percent shall be used for reim-
15 bursements under subsection (h)(1).’’.
16 Subtitle B—Alaska Tribal Public
17 Safety Empowerment
18 SEC. 811. FINDINGS; PURPOSES.
19 (a) FINDINGS.—Congress finds that—
20 (1) according to the report of the Indian Law
21 and Order Commission established by section 15 of
22 the Indian Law Enforcement Reform Act (25 U.S.C.
23 2812), Alaska Native women—
24 (A) are overrepresented in the domestic vi-
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1 (B) in the State of Alaska, comprise—
2 (i) 19 percent of the population of the
3 State; but
4 (ii) 47 percent of reported rape vic-
5 tims in the State; and
6 (C) as compared to the populations of
7 other Indian Tribes, suffer the highest rates of
8 domestic and sexual violence;
9 (2) most Alaska Native villages are located in
10 remote areas that—
11 (A) are often inaccessible by road; and
12 (B) have no local law enforcement pres-
13 ence;
14 (3) the Commission referred to in paragraph
15 (1)—
16 (A) determined that the Alaska Depart-
17 ment of Public Safety—
18 (i) has primary responsibility for law
19 enforcement in rural Alaska; but
20 (ii) provides only 1 to 1.4 field officers
21 per 1,000,000 acres; and
22 (B) recommended that ‘‘devolving author-
23 ity to Alaska Native communities is essential
24 for addressing local crime. Their governments
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1 ecute, and punish, and they should have the au-
2 thority to do so-or to work out voluntary agree-
3 ments with each other, and with local govern-
4 ments and the State on mutually beneficial
5 terms’’; and
6 (4) the unique legal relationship of the United
7 States to Indian Tribes creates a Federal trust re-
8 sponsibility to assist Tribal governments in safe-
9 guarding the lives of Indian women.
10 (b) PURPOSES.—The purposes of this subtitle are—
11 (1) to increase coordination and communication
12 among Federal, State, Tribal, and local law enforce-
13 ment agencies; and
14 (2) to empower Indian Tribes to effectively re-
15 spond to cases of domestic violence, dating violence,
16 stalking, sex trafficking, sexual violence, and missing
17 or murdered Alaska Natives through the exercise of
18 special Tribal criminal jurisdiction.
19 SEC. 812. DEFINITIONS.
20 In this subtitle:
21 (1) ASSAULT OF TRIBAL JUSTICE PERSONNEL;
22 COVERED CRIME; OBSTRUCTION OF JUSTICE; PRO-
23 TECTION ORDER; VIOLATION OF A PROTECTION
24 ORDER.—
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1 (A) IN GENERAL.—The terms ‘‘assault of
2 Tribal justice personnel’’, ‘‘covered crime’’, ‘‘ob-
3 struction of justice’’, ‘‘protection order’’, and
4 ‘‘violation of a protection order’’ have the mean-
5 ings given the terms in section 204(a) of Public
6 Law 90–284 (25 U.S.C. 1304(a)) (commonly
7 known as the ‘‘Indian Civil Rights Act of
8 1968’’).
9 (B) APPLICATION.—For purposes of the
10 application of the definitions of ‘‘assault of
11 Tribal justice personnel’’, ‘‘obstruction of jus-
12 tice’’, and ‘‘violation of a protection order’’, and
13 for purposes of the application of the defined
14 terms contained in the definition of ‘‘covered
15 crime’’, under section 204(a) of Public Law 90–
16 284 (25 U.S.C. 1304(a)) (commonly known as
17 the ‘‘Indian Civil Rights Act of 1968’’) to the
18 pilot program, the Attorney General shall mod-
19 ify any reference to ‘‘Indian country’’ to mean
20 the Village of a participating Tribe.
21 (2) INDIAN; INDIAN COURT; INDIAN TRIBE;
22 POWERS OF SELF-GOVERNMENT.—The terms ‘‘In-
23 dian’’, ‘‘Indian court’’, ‘‘Indian tribe’’, and ‘‘powers
24 of self-government’’ have the meanings given the
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25 terms in section 201 of Public Law 90–284 (25
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1 U.S.C. 1301) (commonly known as the ‘‘Indian Civil
2 Rights Act of 1968’’).
3 (3) PARTICIPATING TRIBE.— The term ‘‘par-
4 ticipating Tribe’’ means an Indian tribe that is des-
5 ignated under section 813(d)(1) as a participating
6 Tribe to exercise special Tribal criminal jurisdiction.
7 (4) PILOT PROGRAM.—The term ‘‘pilot pro-
8 gram’’ means the pilot program established by sec-
9 tion 813(d)(1).
10 (5) SPECIAL TRIBAL CRIMINAL JURISDIC-
11 TION.—The term ‘‘special Tribal criminal jurisdic-
12 tion’’ means the criminal jurisdiction that a partici-
13 pating Tribe may exercise under this subtitle but
14 could not otherwise exercise.
15 (6) STATE.—The term ‘‘State’’ means the State
16 of Alaska.
17 (7) VILLAGE.—The term ‘‘Village’’ means the
18 Alaska Native Village Statistical Area covering all or
19 any portion of a Native village (as defined in section
20 3 of the Alaska Native Claims Settlement Act (43
21 U.S.C. 1602)), as depicted on the applicable Tribal
22 Statistical Area Program Verification map of the
23 Bureau of the Census.
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1 SEC. 813. TRIBAL JURISDICTION IN ALASKA.
2 (a) IN GENERAL.—Subject to title II of Public Law
3 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the
4 ‘‘Indian Civil Rights Act of 1968’’), Congress recognizes
5 and affirms the inherent authority of any Indian tribe oc-
6 cupying a Village in the State to exercise criminal and civil
7 jurisdiction over all Indians present in the Village.
8 (b) TRIBAL CIVIL JURISDICTION TO ENFORCE PRO-
9 TECTION ORDERS.—
10 (1) IN GENERAL.—A court of any Indian tribe
11 in the State shall have full civil jurisdiction to issue
12 and enforce protection orders involving any person
13 in matters—
14 (A) arising within the Village of the Indian
15 tribe; or
16 (B) otherwise within the authority of the
17 Indian tribe.
18 (2) INCLUSIONS.—The full civil jurisdiction to
19 issue and enforce protection orders under paragraph
20 (1) includes the authority to enforce protection or-
21 ders through—
22 (A) civil contempt proceedings;
23 (B) exclusion of violators from the Village
24 of the Indian tribe; and
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25 (C) other appropriate mechanisms.
26 (c) SPECIAL TRIBAL CRIMINAL JURISDICTION.—
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1 (1) IN GENERAL.—Notwithstanding any other
2 provision of law, in addition to all powers of self-gov-
3 ernment recognized and affirmed under subsection
4 (a), the powers of self-government of a participating
5 Tribe include the inherent power of the participating
6 Tribe, which is hereby recognized and affirmed, to
7 exercise special Tribal criminal jurisdiction over a
8 defendant for a covered crime that occurs in the Vil-
9 lage of the participating Tribe.
10 (2) CONCURRENT JURISDICTION.—The exercise
11 of special Tribal criminal jurisdiction by a partici-
12 pating Tribe shall be concurrent with the jurisdic-
13 tion of the United States, the State, or both.
14 (3) EXCEPTION IF VICTIM AND DEFENDANT
15 ARE BOTH NON-INDIANS.—
16 (A) IN GENERAL.—A participating Tribe
17 may not exercise special Tribal criminal juris-
18 diction over an alleged offense of a covered
19 crime, other than obstruction of justice or as-
20 sault of Tribal justice personnel, if neither the
21 defendant nor the alleged victim is an Indian.
22 (B) DEFINITION OF VICTIM.—In this para-
23 graph and with respect to a criminal proceeding
24 in which a participating Tribe exercises special
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1 of a protection order, the term ‘‘victim’’ means
2 a person specifically protected by the protection
3 order that the defendant allegedly violated.
4 (d) PILOT PROGRAM FOR SPECIAL TRIBAL CRIMINAL
5 JURISDICTION OVER PERSONS WHO ARE NOT INDI-
6 ANS.—
7 (1) ESTABLISHMENT.—Subject to title II of
8 Public Law 90–284 (25 U.S.C. 1301 et seq.) (com-
9 monly known as the ‘‘Indian Civil Rights Act of
10 1968’’), there is established a pilot program under
11 which the Attorney General, subject to paragraph
12 (5), shall designate not more than 5 Indian tribes
13 per calendar year as participating Tribes to exercise
14 the special Tribal criminal jurisdiction described in
15 paragraph (6) over all persons present in the Village
16 of the Indian tribe.
17 (2) PROCEDURE.—At any time during the 1-
18 year period beginning on the date of enactment of
19 this Act, and annually thereafter, an Indian tribe
20 may request the Attorney General to designate the
21 Indian tribe as a participating Tribe under para-
22 graph (1).
23 (3) DESIGNATION OF PARTICIPATING TRIBES.—
24 (A) IN GENERAL.—The Attorney General,
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1 rior and affected Indian tribes, shall establish a
2 process to designate Indian tribes to participate
3 in the pilot program, which process shall—
4 (i) require that preference shall be
5 given to Indian tribes occupying Villages—
6 (I) the populations of which are
7 predominantly Indian; or
8 (II) that lack a permanent State
9 law enforcement physical presence;
10 (ii) require that for each Indian tribe
11 requesting to be designated as a partici-
12 pating Tribe, the Attorney General makes
13 a determination that the criminal justice
14 system of the Indian tribe has adequate
15 safeguards in place to protect defendants’
16 rights, consistent with section 204(d) of
17 Public Law 90–284 (25 U.S.C. 1304(d))
18 (commonly known as the ‘‘Indian Civil
19 Rights Act of 1968’’); and
20 (iii) be subject to such other criteria
21 as the Attorney General considers to be
22 appropriate to achieve the purposes of this
23 subtitle.
24 (B) DESIGNATION.—The Attorney General
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1 the pilot program under paragraph (1) using
2 the process established under subparagraph
3 (A).
4 (4) INTERTRIBAL PARTICIPATION.—
5 (A) IN GENERAL.—2 or more participating
6 Tribes (or the Tribal organization (as defined
7 in section 4 of the Indian Self-Determination
8 and Education Assistance Act (25 U.S.C.
9 5304)) of the participating Tribe, if the Tribal
10 organization is exercising delegated authority
11 from the participating Tribe)—
12 (i) may elect to participate jointly in
13 the pilot program by providing shared re-
14 sources to carry out the purposes of the
15 pilot program; and
16 (ii) on making an election pursuant to
17 clause (i), shall be considered to be a single
18 participating Tribe for purposes of the
19 maximum number of participating Tribes
20 under paragraphs (1) and (5).
21 (B) ADDITIONAL PARTICIPATING
22 TRIBES.—
23 (i) IN GENERAL.—Additional partici-
24 pating Tribes may elect to join an estab-
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1 paragraph (A) at any time after the inter-
2 tribal partnership is established.
3 (ii) APPLICATION.—An intertribal
4 partnership that additional participating
5 Tribes elect to join pursuant to clause (i)
6 shall be considered to be a single partici-
7 pating Tribe for purposes of the maximum
8 number of participating Tribes under para-
9 graphs (1) and (5).
10 (5) MAXIMUM NUMBER OF PARTICIPATING
11 TRIBES.—
12 (A) IN GENERAL.—Except as provided in
13 subparagraph (B), the Attorney General may
14 designate not more than 30 Indian tribes to
15 participate in the pilot program.
16 (B) EXCEPTION.—The limitation under
17 subparagraph (A) shall not apply if the Attor-
18 ney General submits to the Committee on In-
19 dian Affairs of the Senate and the Committee
20 on Natural Resources of the House of Rep-
21 resentatives, and publishes in the Federal Reg-
22 ister, a written notice of the intention to des-
23 ignate additional Indian tribes as participating
24 Tribes, including the rationale for the designa-
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1 tion, by not later than the date that is 180 days
2 before the date of designation.
3 (6) DESCRIPTION OF JURISDICTION.—Congress
4 recognizes and affirms that an Indian tribe selected
5 to participate in the pilot program as a participating
6 Tribe may exercise, subject to paragraph (7), special
7 Tribal criminal jurisdiction with respect to covered
8 crimes.
9 (7) RIGHTS OF DEFENDANTS.—In exercising
10 special Tribal criminal jurisdiction under the pilot
11 program, a participating Tribe shall provide to each
12 defendant all rights described in section 204(d) of
13 Public Law 90–284 (25 U.S.C. 1304(d)) (commonly
14 known as the ‘‘Indian Civil Rights Act of 1968’’).
15 (e) SENTENCES.—In a criminal proceeding in which
16 an Indian court of a participating Tribe, in exercising spe-
17 cial Tribal criminal jurisdiction with respect to a covered
18 crime, imposes a sentence of imprisonment of more than
19 1 year on a defendant pursuant to section 202(b) of Public
20 Law 90–284 (25 U.S.C. 1302(b)) (commonly known as
21 the ‘‘Indian Civil Rights Act of 1968’’), the Indian court
22 may require the defendant—
23 (1) to serve a sentence—
24 (A) in a Tribal correctional center that has
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1 for long-term incarceration, in accordance with
2 guidelines set by the Bureau of Indian Affairs;
3 (B) at the expense of the United States, in
4 the nearest appropriate Federal facility pursu-
5 ant to the Bureau of Prisons Tribal Prisoner
6 Program established under section 234(c)(1) of
7 the Tribal Law and Order Act of 2010 (25
8 U.S.C. 1302 note; Public Law 111–211); or
9 (C) at the expense of the participating
10 Tribe and, subject to section 204(f)(1) of Public
11 Law 90–284 (25 U.S.C. 1304(f)(1)) (commonly
12 known as the ‘‘Indian Civil Rights Act of
13 1968’’), reimbursable by the Attorney General,
14 in a detention or correctional center approved
15 by the State or a local government of the State
16 pursuant to a memorandum of agreement be-
17 tween the participating Tribe and the State or
18 local government of the State; or
19 (2) to serve another alternative form of punish-
20 ment, as determined by the Indian court pursuant to
21 Tribal law.
22 (f) MEMORANDA OF AGREEMENT.—The Attorney
23 General and the Secretary of the Interior may enter into
24 such memoranda of agreement with participating Tribes
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1 (1) to coordinate respective law enforcement ac-
2 tivities;
3 (2) to share equipment and other resources;
4 (3) to establish cross-deputization arrange-
5 ments;
6 (4) to coordinate appropriate training activities;
7 and
8 (5) to address any other matters that will facili-
9 tate the successful implementation of the pilot pro-
10 gram, including intergovernmental agreements re-
11 garding—
12 (A) the incarceration of convicted persons;
13 and
14 (B) cooperation in the investigation and
15 prosecution of crimes.
16 (g) ALASKA TRIBAL PUBLIC SAFETY ADVISORY COM-
17 MITTEE.—
18 (1) ESTABLISHMENT.—Not later than 1 year
19 after the date of enactment of this Act, the Attorney
20 General, in consultation with the Secretary of the
21 Interior, affected Indian tribes, and the State, shall
22 establish a committee, to be known as the ‘‘Alaska
23 Tribal Public Safety Advisory Committee’’ (referred
24 to in this subsection as the ‘‘Committee’’).
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1 (2) MEMBERSHIP.—The Committee shall con-
2 sist of 1 or more representatives from—
3 (A) participating Tribes and Indian tribes
4 aspiring to participate in the pilot program;
5 (B) Federal, Tribal, State, and local law
6 enforcement; and
7 (C) Tribal nonprofit organizations pro-
8 viding victim services.
9 (3) DUTIES.—The Committee shall focus on—
10 (A) improving the justice systems, crime
11 prevention, and victim services of Indian tribes
12 and the State; and
13 (B) increasing coordination and commu-
14 nication among Federal, Tribal, State, and local
15 law enforcement agencies.
16 (4) TRAVEL EXPENSES.—A member of the
17 Committee shall be allowed travel expenses, includ-
18 ing per diem in lieu of subsistence, at rates author-
19 ized for employees of agencies under subchapter I of
20 chapter 57 of title 5, United States Code, while
21 away from their homes or regular places of business
22 in the performance of services for the Committee.
23 (5) NONAPPLICABILITY OF FACA.—The Federal
24 Advisory Committee Act (5 U.S.C. App.) shall not
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25 apply to the Committee.
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1 (6) AUTHORIZATION OF APPROPRIATIONS.—
2 There are authorized to be appropriated to carry out
3 this subsection such sums as may be necessary for
4 the period of fiscal years 2023 through 2027, to re-
5 main available until expended.
6 (h) REPORT TO CONGRESS.—Not later than 5 years
7 after the date of enactment of this Act, the Attorney Gen-
8 eral, in consultation with the Secretary of the Interior and
9 affected Indian tribes, shall submit to Congress a report
10 describing the results of the pilot program, including an
11 explanation of any modifications to law necessary to facili-
12 tate improved law enforcement in Villages.
13 (i) APPLICABILITY.—Nothing in this subtitle—
14 (1) limits, alters, expands, or diminishes the
15 civil or criminal jurisdiction of the United States,
16 the State, any subdivision of the State, or any In-
17 dian tribe in the State;
18 (2) creates or eliminates any Federal or State
19 criminal jurisdiction over a Village; or
20 (3) affects the authority of the United States or
21 any authority delegated by the United States to the
22 State to investigate and prosecute a criminal viola-
23 tion in a Village.
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1 TITLE IX—OFFICE ON VIOLENCE
2 AGAINST WOMEN
3 SEC. 901. ESTABLISHMENT OF OFFICE ON VIOLENCE
4 AGAINST WOMEN.
5 (a) ESTABLISHMENT OF OFFICE ON VIOLENCE
6 AGAINST WOMEN.—Section 2002 of title I of the Omnibus
7 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
8 10442) is amended—
9 (1) in the section heading, by striking ‘‘VIO-
10 LENCE AGAINST WOMEN OFFICE’’ and inserting
11 ‘‘OFFICE ON VIOLENCE AGAINST WOMEN’’;
12 (2) in subsection (a), by striking ‘‘a Violence
13 Against Women Office’’ and inserting ‘‘an Office on
14 Violence Against Women’’;
15 (3) in subsection (b), by inserting ‘‘, not sub-
16 sumed by any other office’’ after ‘‘within the De-
17 partment of Justice’’; and
18 (4) in subsection (c)(2), by striking ‘‘authorized
19 or undertaken under the’’ and that follows and in-
20 serting ‘‘authorized or undertaken under—
21 ‘‘(A) the Violence Against Women Act of
22 1994 (title IV of Public Law 103–322);
23 ‘‘(B) the Violence Against Women Act of
24 2000 (division B of Public Law 106–386);
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1 ‘‘(C) the Violence Against Women and De-
2 partment of Justice Reauthorization Act of
3 2005 (Public Law 109–162; 119 Stat. 2960);
4 ‘‘(D) the Violence Against Women Reau-
5 thorization Act of 2013 (Public Law 113–4;
6 127 Stat. 54); and
7 ‘‘(E) the Violence Against Women Act Re-
8 authorization Act of 2022.’’.
9 (b) DIRECTOR OF THE OFFICE ON VIOLENCE
10 AGAINST WOMEN.—Section 2003 of title I of the Omnibus
11 Crime Control and Safe Streets Act of 1968 (34 U.S.C.
12 10443) is amended—
13 (1) in the section heading, by striking ‘‘VIO-
14 LENCE AGAINST WOMEN OFFICE’’ and inserting
15 ‘‘OFFICE ON VIOLENCE AGAINST WOMEN’’;
16 (2) in subsection (a)—
17 (A) by striking ‘‘the Violence Against
18 Women Office’’ and inserting ‘‘the Office on Vi-
19 olence Against Women’’; and
20 (B) by striking ‘‘in this title referred to’’
21 and inserting ‘‘in this part referred to’’;
22 (3) in subsection (b)(2)—
23 (A) by striking ‘‘or the Violence’’ and in-
24 serting ‘‘, the Violence’’; and
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1 (B) by striking the period at the end and
2 inserting ‘‘, the Violence Against Women and
3 Department of Justice Reauthorization Act of
4 2005 (Public Law 109–162; 119 Stat. 2960),
5 the Violence Against Women Reauthorization
6 Act of 2013 (Public Law 113–4; 127 Stat. 54),
7 or the Violence Against Women Act Reauthor-
8 ization Act of 2022.’’.
9 (c) DUTIES AND FUNCTIONS OF DIRECTOR OF THE
10 OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2004
11 of title I of the Omnibus Crime Control and Safe Streets
12 Act of 1968 (34 U.S.C. 10444) is amended—
13 (1) in the section heading, by striking ‘‘VIO-
14 LENCE AGAINST WOMEN OFFICE’’ and inserting
15 ‘‘OFFICE ON VIOLENCE AGAINST WOMEN’’;
16 (2) in paragraph (5), in the matter preceding
17 subparagraph (A)—
18 (A) by striking ‘‘and the Violence’’ and in-
19 serting ‘‘, the Violence’’; and
20 (B) by striking ‘‘, including with’’ and in-
21 serting ‘‘, the Violence Against Women and De-
22 partment of Justice Reauthorization Act of
23 2005 (Public Law 109–162; 119 Stat. 2960),
24 the Violence Against Women Reauthorization
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25 Act of 2013 (Public Law 113–4; 127 Stat. 54),
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1 and the Violence Against Women Act Reauthor-
2 ization Act of 2022, including with’’; and
3 (3) in paragraph (6)(B), by inserting ‘‘syn-
4 chronize Federal definitions and protocols,’’ before
5 ‘‘and improve coordination’’.
6 (d) STAFF OF OFFICE ON VIOLENCE AGAINST
7 WOMEN.—Section 2005 of title I of the Omnibus Crime
8 Control and Safe Streets Act of 1968 (34 U.S.C. 10445)
9 is amended in the section heading, by striking ‘‘VIO-
10 LENCE AGAINST WOMEN OFFICE’’ and inserting ‘‘OF-
11 FICE ON VIOLENCE AGAINST WOMEN’’.
12 (e) CONFORMING AMENDMENT.—Section 121(a)(1)
13 of the Violence Against Women and Department of Jus-
14 tice Reauthorization Act of 2005 (34 U.S.C. 20124(a)(1))
15 is amended by striking ‘‘the Violence Against Women Of-
16 fice’’ and inserting ‘‘the Office on Violence Against
17 Women’’.
18 SEC. 902. SENIOR POLICY ADVISOR FOR CULTURALLY SPE-
19 CIFIC COMMUNITIES OF THE OFFICE ON VIO-
20 LENCE AGAINST WOMEN.
21 Part T of the Omnibus Crime Control and Safe
22 Streets Act (34 U.S.C. 10441 et seq.), as amended by sec-
23 tion 101, is further amended by adding at the end the
24 following:
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1 ‘‘SEC. 2018. SENIOR POLICY ADVISOR FOR CULTURALLY
2 SPECIFIC COMMUNITIES.
3 ‘‘(a) ESTABLISHMENT.—There is established in the
4 Office on Violence Against Women a Senior Policy Advisor
5 for Culturally Specific Communities.
6 ‘‘(b) DUTIES.—The Senior Policy Advisor for Cul-
7 turally Specific Communities, under the guidance and au-
8 thority of the Director, shall—
9 ‘‘(1) advise on the administration of grants re-
10 lated to culturally specific services and contracts
11 with culturally specific organizations;
12 ‘‘(2) coordinate development of Federal policy,
13 protocols, and guidelines on matters relating to do-
14 mestic violence, dating violence, sexual assault, and
15 stalking in culturally specific communities;
16 ‘‘(3) advise the Director on policies, legislation,
17 implementation of laws, and other issues relating to
18 domestic violence, dating violence, sexual assault,
19 and stalking in culturally specific communities;
20 ‘‘(4) provide technical assistance, coordination,
21 and support to other offices and bureaus in the De-
22 partment of Justice to develop policy and to enforce
23 Federal laws relating to domestic violence, dating vi-
24 olence, sexual assault, and stalking in culturally spe-
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1 ‘‘(5) ensure that appropriate technical assist-
2 ance, developed and provided by entities with exper-
3 tise in culturally specific communities, is made avail-
4 able to grantees and potential grantees proposing to
5 serve culturally specific communities;
6 ‘‘(6) ensure access to grants and technical as-
7 sistance for culturally specific organizations; and
8 ‘‘(7) analyze the distribution of grant funding
9 in order to identify barriers for culturally specific or-
10 ganizations.
11 ‘‘(c) QUALIFICATIONS.—Not later than 120 days
12 after the date of enactment of this section, the Director
13 shall hire for the position established under subsection (a)
14 an individual with personal, lived, and work experience
15 from a culturally specific community, and a demonstrated
16 history and expertise addressing domestic violence or sex-
17 ual assault in a nongovernmental agency.’’.
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1 TITLE X—IMPROVING CONDI-
2 TIONS FOR WOMEN IN FED-
3 ERAL CUSTODY
4 SEC. 1001. 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) AMENDMENT.—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 12-week period of post-partum recovery after
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) is victim or witness of a crime;
14 ‘‘(D) has filed a nonfrivolous civil rights
15 claim in Federal or State court; or
16 ‘‘(E) during the period of incarceration,
17 has been determined to have experienced or to
18 be experiencing severe trauma or to be the vic-
19 tim of gender-based violence—
20 ‘‘(i) by any court or administrative ju-
21 dicial proceeding;
22 ‘‘(ii) by any corrections official;
23 ‘‘(iii) by the individual’s attorney or
24 legal service provider; or
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1 ‘‘(b) GEOGRAPHIC PLACEMENT.—
2 ‘‘(1) ESTABLISHMENT OF OFFICE.—The Direc-
3 tor shall establish within the Bureau of Prisons an
4 office that determines the placement of prisoners.
5 ‘‘(2) PLACEMENT OF PRISONERS.—In deter-
6 mining the placement of a prisoner, the office estab-
7 lished under paragraph (1) shall—
8 ‘‘(A) if the prisoner has children, consider
9 placing the prisoner as close to the children as
10 possible; and
11 ‘‘(B) consider any other factor that the of-
12 fice determines to be appropriate.
13 ‘‘(c) PROHIBITION ON PLACEMENT OF PREGNANT
14 PRISONERS OR PRISONERS IN POST-PARTUM RECOVERY
15 IN SEGREGATED HOUSING UNITS.—
16 ‘‘(1) PLACEMENT IN SEGREGATED HOUSING
17 UNITS.—A covered institution may not place a pris-
18 oner who is pregnant or in post-partum recovery in
19 a segregated housing unit unless the prisoner pre-
20 sents an immediate risk of harm to the prisoner or
21 others.
22 ‘‘(2) RESTRICTIONS.—Any placement of a pris-
23 oner described in paragraph (1) in a segregated
24 housing unit shall be limited and temporary.
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1 ‘‘(d) INTAKE AND ASSESSMENTS.—The Director
2 shall assess the need for family-focused programming at
3 intake, such as questions about children, gauge interest
4 in parenting resources, and concerns about their child or
5 caregiving, and administer ongoing assessment to better
6 inform, identify, and make recommendations about the
7 mother’s parental role and familial needs.
8 ‘‘(e) PARENTING CLASSES.—The Director shall pro-
9 vide parenting classes to each prisoner who is a primary
10 caretaker parent, and such classes shall be made available
11 to prisoners with limited English proficiency in compliance
12 with title VI of the Civil Rights Act of 1964 (42 U.S.C.
13 2000d et seq.).
14 ‘‘(f) TRAUMA SCREENING.—The Director shall pro-
15 vide training, including cultural competency training, to
16 each correctional officer and each employee of the Bureau
17 of Prisons who regularly interacts with prisoners, includ-
18 ing each instructor and health care professional, to enable
19 those correctional officers and employees to—
20 ‘‘(1) identify a prisoner who may have a mental
21 or physical health need relating to trauma the pris-
22 oner has experienced; and
23 ‘‘(2) refer a prisoner described in paragraph (1)
24 to the proper health care professional for diagnosis
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25 and treatment.
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1 ‘‘(g) FAMILY NEEDS TRAINING.—The Director shall
2 provide training to correctional officers and employees of
3 the Bureau of Prisons who engage with prisoners’ families
4 on—
5 ‘‘(1) how to interact with children in an age-ap-
6 propriate manner, and the children’s caregivers;
7 ‘‘(2) basic childhood and adolescent develop-
8 ment information; and
9 ‘‘(3) basic customer service skills.
10 ‘‘(h) INMATE HEALTH.—
11 ‘‘(1) HEALTH CARE ACCESS.—The Director
12 shall ensure that all prisoners receive adequate
13 health care.
14 ‘‘(2) HYGIENIC PRODUCTS.—The Director shall
15 make essential hygienic products, including sham-
16 poo, toothpaste, toothbrushes, and any other hygien-
17 ic product that the Director determines appropriate,
18 available without charge to prisoners. The Director
19 shall make rules—
20 ‘‘(A) on the distribution and accessibility
21 of sanitary products to prisoners, to ensure
22 each prisoner who requires these products re-
23 ceives a quantity the prisoner deems sufficient;
24 and
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1 ‘‘(B) providing that no visitor is prohibited
2 from visiting a prisoner due to the visitor’s use
3 of sanitary products.
4 ‘‘(3) GYNECOLOGIST ACCESS.—The Director
5 shall ensure that all prisoners have access to a gyne-
6 cologist as appropriate.
7 ‘‘(4) RELATION TO OTHER LAWS.—Nothing in
8 paragraph (1) shall be construed to affect the re-
9 quirements under the Prison Rape Elimination Act
10 of 2003 (34 U.S.C. 30301 et seq.).’’.
11 (c) SUBSTANCE ABUSE TREATMENT.—Section
12 3621(e) of title 18, United States Code, is amended by
13 adding at the end the following:
14 ‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER
15 PARENTS AND PREGNANT WOMEN.—The Director of
16 the Bureau of Prisons may not prohibit an eligible
17 prisoner who is a primary caretaker parent (as de-
18 fined in section 4051) or pregnant from partici-
19 pating in a program of residential substance abuse
20 treatment provided under paragraph (1) on the basis
21 of a failure by the eligible prisoner, before being
22 committed to the custody of the Bureau of Prisons,
23 to disclose to any official of the Bureau of Prisons
24 that the prisoner had a substance abuse problem on
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25 or before the date on which the eligible prisoner was
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1 committed to the custody of the Bureau of Pris-
2 ons.’’.
3 (d) IMPLEMENTATION DATE.—
4 (1) IN GENERAL.—Not later than 2 years after
5 the date of enactment of this Act, the Director of
6 the Bureau of Prisons shall implement this section
7 and the amendments made by this section.
8 (2) REPORT.—Not later than 1 year after the
9 date of enactment of this Act, the Director of the
10 Bureau of Prisons shall submit to the Committee on
11 the Judiciary of the Senate and the Committee on
12 the Judiciary of the House of Representatives a
13 progress report on the implementation of this section
14 and the amendments made by this section.
15 (e) TECHNICAL AND CONFORMING AMENDMENT.—
16 The table of sections for chapter 303 of title 18, United
17 States Code, is amended by adding at the end the fol-
18 lowing:
‘‘4051. Treatment of primary caretaker parents and other individuals.’’.
19 SEC. 1002. HEALTH AND SAFETY OF PREGNANT WOMEN
20 AND MOTHERS.
21 (a) SHORT TITLE.—This section may be cited as the
22 ‘‘Stop Infant Mortality And Recidivism Reduction Act’’ or
23 the ‘‘SIMARRA Act’’.
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24 (b) ESTABLISHMENT.—Not later than 270 days after
25 the date of enactment of this Act, the Director of the Bu-
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1 reau of Prisons (in this section referred to as the ‘‘Direc-
2 tor’’) shall establish a pilot program (in this section re-
3 ferred to as the ‘‘Program’’) in accordance with this sec-
4 tion to permit women incarcerated in Federal prisons and
5 the children born to such women during incarceration to
6 reside together while the inmate serves a term of imprison-
7 ment.
8 (c) PURPOSES.—The purposes of this section are
9 to—
10 (1) prevent infant mortality among infants born
11 to incarcerated mothers and greatly reduce the trau-
12 ma and stress experienced by pregnant inmates;
13 (2) reduce the recidivism rates of federally in-
14 carcerated women and mothers, and enhance public
15 safety by improving the effectiveness of the Federal
16 prison system for women as a population with spe-
17 cial needs;
18 (3) utilize a female offender risk and needs as-
19 sessment to encourage a more effective and efficient
20 Federal prison system;
21 (4) utilize a validated post-sentencing risk and
22 needs assessment system that relies on dynamic fac-
23 tors to provide Federal prison officials with informa-
24 tion regarding needs of Federal pregnant offenders
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25 and enhance public safety;
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1 (5) perform regular outcome evaluations of the
2 effectiveness of programs and interventions for fed-
3 erally incarcerated pregnant women and mothers to
4 assure that such programs and interventions are evi-
5 dence-based and to suggest changes, deletions, and
6 expansions based on the results of such evaluations;
7 and
8 (6) assist the Department of Justice to address
9 the underlying cost structure of the Federal prison
10 system and ensure that the Department can con-
11 tinue to run parenting programming safely and se-
12 curely without compromising the scope or quality of
13 the Department’s critical health, safety and law en-
14 forcement missions.
15 (d) DUTIES OF THE DIRECTOR OF BUREAU OF PRIS-
16 ONS.—
17 (1) IN GENERAL.—The Director shall carry out
18 this section in consultation with—
19 (A) the Director of the Administrative Of-
20 fice of the United States Courts;
21 (B) the Director of the Office of Probation
22 and Pretrial Services; and
23 (C) the Director of the National Institute
24 of Justice.
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1 (2) DUTIES.—The Director shall, in accordance
2 with paragraph (3), and in addition to the mandates
3 under section 3631 of title 18, United States Code—
4 (A) evaluate the female offender risk and
5 needs assessment for its ability to address the
6 particular health and sensitivities of federally
7 incarcerated pregnant women and mothers in
8 accordance with this subsection;
9 (B) develop recommendations regarding re-
10 cidivism reduction programs and productive ac-
11 tivities in accordance with subsection (c);
12 (C) conduct ongoing research and data
13 analysis on—
14 (i) the best practices relating to the
15 use of offender risk and needs assessment
16 tools for female offenders with a particular
17 emphasis on how those tools address the
18 health and sensitivities of federally incar-
19 cerated pregnant women and mothers;
20 (ii) potential improvements to risk
21 and needs assessment tools for female of-
22 fenders to address the health and sensitivi-
23 ties of federally incarcerated pregnant
24 women and mothers; and
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1 (iii) which recidivism reduction pro-
2 grams are the most effective—
3 (I) for federally incarcerated
4 pregnant women and mothers classi-
5 fied at different recidivism risk levels;
6 and
7 (II) for addressing the specific
8 needs of federally incarcerated preg-
9 nant women and mothers;
10 (D) on a biennial basis, review any find-
11 ings related to evaluations conducted under
12 subparagraph (A) and the recommendations de-
13 veloped under subparagraph (B), using the re-
14 search conducted under subparagraph (C), to
15 determine whether any revisions or updates
16 should be made to female offender risk and
17 needs assessment systems, and if so, make such
18 revisions or updates;
19 (E) hold periodic meetings with the indi-
20 viduals listed in paragraph (1) at intervals to be
21 determined by the Director;
22 (F) develop tools to communicate par-
23 enting program availability and eligibility cri-
24 teria to each employee of the Bureau of Prisons
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25 and each pregnant inmate to ensure that each
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1 pregnant inmate in the custody of a Bureau of
2 Prisons facility understands the resources avail-
3 able to such inmate; and
4 (G) report to Congress in accordance with
5 subsection (h).
6 (3) METHODS.—In carrying out the duties
7 under paragraph (2), the Director shall—
8 (A) consult relevant stakeholders; and
9 (B) make decisions using data that is
10 based on available statistical and empirical evi-
11 dence.
12 (e) ELIGIBILITY.—An inmate may apply to partici-
13 pate in the Program if the inmate—
14 (1) is pregnant at the beginning of or during
15 the term of imprisonment; and
16 (2) is in the custody or control of the Bureau
17 of Prisons.
18 (f) PROGRAM TERMS.—
19 (1) TERM OF PARTICIPATION.—To correspond
20 with the purposes and goals of the Program to pro-
21 mote bonding during the critical stages of child de-
22 velopment, an eligible inmate selected for the Pro-
23 gram may participate in the Program, subject to
24 subsection (g), until the earliest of—
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1 (A) the date that the inmate’s term of im-
2 prisonment terminates; or
3 (B) the date the infant fails to meet any
4 medical criteria established by the Director.
5 (2) INMATE REQUIREMENTS.—For the duration
6 of an inmate’s participation in the Program, the in-
7 mate shall agree to—
8 (A) take substantive steps towards acting
9 in the role of a parent or guardian to any child
10 of that inmate;
11 (B) participate in any recommended edu-
12 cational or counseling opportunities, including
13 topics such as child development, parenting
14 skills, domestic violence, vocational training, or
15 substance abuse, as appropriate;
16 (C) abide by any court decision regarding
17 the legal or physical custody of the child; and
18 (D) specify a person who has agreed to
19 take at least temporary custody of the child if
20 the inmate’s participation in the Program ter-
21 minates before the inmate’s release.
22 (g) CONTINUITY OF CARE.—The Director shall take
23 appropriate actions to prevent detachment or disruption
24 of either an inmate’s or infant’s health and bonding-based
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25 well-being due to termination of the Program.
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1 (h) REPORTING.—
2 (1) IN GENERAL.—Not later than 6 months
3 after the date of enactment of this Act, and once
4 each year thereafter for 5 years, the Director shall
5 submit a progress report to the Congress with re-
6 gards to implementing the Program.
7 (2) FINAL REPORT.—Not later than 6 months
8 after the termination of the Program, the Director
9 shall issue a final report to the Congress that con-
10 tains a detailed statement of the Director’s findings
11 and conclusions, including recommendations for leg-
12 islation, administrative actions, and regulations the
13 Director considers appropriate.
14 SEC. 1003. RESEARCH AND REPORT ON WOMEN IN FED-
15 ERAL INCARCERATION.
16 Not later than 18 months after the date of enactment
17 of this Act, and thereafter, every other year, the National
18 Institute of Justice, in consultation with the Bureau of
19 Justice Statistics and the Bureau of Prisons (including
20 the Women and Special Population Branch) shall prepare
21 a report on the status of women in Federal incarceration.
22 Depending on the topic to be addressed, and the facility,
23 data shall be collected from Bureau of Prisons personnel
24 and a sample that is representative of the population of
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25 incarcerated women. The report shall include—
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1 (1) with regard to Federal facilities wherein
2 women are incarcerated—
3 (A) responses by such women to questions
4 from the Adverse Childhood Experience
5 (ACES) questionnaire;
6 (B) demographic data of such women;
7 (C) data on the number of women who are
8 incarcerated and placed in Federal and private
9 facilities more than 200 miles from their place
10 of residence;
11 (D) responses by such women to questions
12 about the extent of exposure to sexual victim-
13 ization, sexual violence and domestic violence
14 (both inside and outside of incarceration);
15 (E) the number of such women were preg-
16 nant at the time that they entered incarcer-
17 ation;
18 (F) the number of such women who have
19 children age 18 or under, and if so, how many;
20 and
21 (G) the crimes for which such women are
22 incarcerated and the length of their sentence
23 and to the extent practicable, any information
24 on the connection between the crime of which
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25 they were convicted and their experience of do-
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1 mestic violence, dating violence, sexual assault,
2 or stalking; and
3 (2) with regard to all Federal facilities where
4 persons are incarcerated—
5 (A) a list of best practices with respect to
6 women’s incarceration and transition, including
7 staff led programs, services, and management
8 practices (including making sanitary products
9 readily available and easily accessible, and ac-
10 cess to and provision of healthcare);
11 (B) the availability of trauma treatment at
12 each facility (including number of beds, and
13 number of trained staff);
14 (C) rates of serious mental illness broken
15 down by gender and security level and a list of
16 residential programs available by site; and
17 (D) the availability of vocational education
18 and a list of vocational programs provided by
19 each facility.
20 SEC. 1004. REENTRY PLANNING AND SERVICES FOR INCAR-
21 CERATED WOMEN.
22 (a) IN GENERAL.—The Attorney General, in coordi-
23 nation with the Director of the Office of Probation and
24 Pretrial Services and the Director of the Bureau of Pris-
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25 ons (including the Women and Special Population
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1 Branch), shall collaborate on a model of gender responsive
2 transition for incarcerated women, including the develop-
3 ment of a national standard on prevention with respect
4 to domestic and sexual violence.
5 (b) REQUIRED CONSULTATION.—In developing the
6 model required under subsection (a), the Attorney General
7 shall consult with such experts within the Federal govern-
8 ment (including the Office on Violence Against Women of
9 the Department of Justice), within Indian Tribes (as de-
10 fined in section 4 of the Indian Self-Determination and
11 Education Assistance Act (25 U.S.C. 5304)), within Na-
12 tive Hawaiian organizations (as defined in section 6207
13 of the Elementary and Secondary Education Act of 1965
14 (20 U.S.C. 7517)), and in the victim service provider com-
15 munity (including sexual and domestic violence and home-
16 lessness, job training and job placement service providers)
17 as are necessary to the completion of a comprehensive
18 plan.
19 (c) CONTENTS.—The model required under sub-
20 section (a) shall address, at a minimum—
21 (1) the development by the Bureau of Prisons
22 of a contract for gender collaborative services; and
23 (2) identification by re-entry affairs coordina-
24 tors and responsive planning for the needs of re-en-
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25 tering women with respect to—
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1 (A) housing, including risk of homeless-
2 ness;
3 (B) previous exposure to and risk for do-
4 mestic and sexual violence;
5 (C) the need for parenting classes, assist-
6 ance securing childcare, or assistance in seeking
7 or securing jobs that afford flexibility (as might
8 be necessary in the re-entry, parenting or other
9 contexts);
10 (D) other support tailored to the needs of
11 Indigenous women, including American Indian,
12 Alaska Native, and Native Hawaiian women;
13 and
14 (E) the need to ensure a family-focused re-
15 entry, by—
16 (i) including incarcerated mothers,
17 their children, and their caregivers to cre-
18 ate family reentry planning and program-
19 ming; and
20 (ii) informing reentry information to
21 visiting families.
22 SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.
23 To carry out this title, there are authorized to be ap-
24 propriated $8,000,000 for each of fiscal years 2023
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25 through 2027.
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1 TITLE XI—LAW ENFORCEMENT
2 TOOLS TO ENHANCE PUBLIC
3 SAFETY
4 SEC. 1101. NICS DENIAL NOTIFICATION ACT OF 2022.
5 (a) SHORT TITLE.—This section may be cited as the
6 ‘‘NICS Denial Notification Act of 2022’’.
7 (b) AMENDMENT.—Chapter 44 of title 18, United
8 States Code, is amended by inserting after section 925A
9 the following:
10 ‘‘§ 925B. Reporting of background check denials to
11 State or Tribal authorities
12 ‘‘(a) IN GENERAL.—If the national instant criminal
13 background check system established under section 103
14 of the Brady Handgun Violence Prevention Act (34 U.S.C.
15 40901) (commonly referred to as ‘NICS’) provides a no-
16 tice pursuant to section 922(t) that the receipt of a fire-
17 arm by a person would violate subsection (g) or (n) of
18 section 922 or State or Tribal law, the Attorney General
19 shall, in accordance with subsection (b) of this section—
20 ‘‘(1) report to the law enforcement authorities
21 of the State or Tribe where the person sought to ac-
22 quire the firearm and, if different, the law enforce-
23 ment authorities of the State or Tribe of residence
24 of the person—
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25 ‘‘(A) that the notice was provided;
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1 ‘‘(B) the specific provision of law that
2 would have been violated;
3 ‘‘(C) the date and time the notice was pro-
4 vided;
5 ‘‘(D) the location where the firearm was
6 sought to be acquired; and
7 ‘‘(E) the identity of the person; and
8 ‘‘(2) where practicable, report the incident to
9 local law enforcement authorities and State and local
10 prosecutors or Tribal prosecutors in the jurisdiction
11 where the firearm was sought and in the jurisdiction
12 where the person resides.
13 ‘‘(b) REQUIREMENTS FOR REPORT.—A report is
14 made in accordance with this subsection if the report is
15 made within 24 hours after the provision of the notice de-
16 scribed in subsection (a), except that the making of the
17 report may be delayed for so long as is necessary to avoid
18 compromising an ongoing investigation.
19 ‘‘(c) AMENDMENT OF REPORT.—If a report is made
20 in accordance with this subsection and, after such report
21 is made, the Federal Bureau of Investigation or the Bu-
22 reau of Alcohol, Tobacco, Firearms, and Explosives deter-
23 mines that the receipt of a firearm by a person for whom
24 the report was made would not violate subsection (g) or
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25 (n) of section 922 or State or Tribal law, the Attorney
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1 General shall, in accordance with subsection (b), notify
2 any law enforcement authority and any prosecutor to
3 whom the report was made of that determination.
4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in sub-
5 section (a) shall be construed to require a report with re-
6 spect to a person to be made to the same State or Tribal
7 authorities that originally issued the notice with respect
8 to the person.’’.
9 (c) CLERICAL AMENDMENT.—The table of sections
10 for chapter 44 of title 18, United States Code, is amended
11 by inserting after the item relating to section 925A the
12 following:
‘‘925B. Reporting of background check denials to State authorities.’’.
13 SEC. 1102. ANNUAL REPORT TO CONGRESS.
14 (a) IN GENERAL.—Chapter 44 of title 18, United
15 States Code, as amended by section 1101, is amended by
16 inserting after section 925B the following:
17 ‘‘§ 925C. Annual report to Congress
18 ‘‘Not later than 1 year after the date of enactment
19 of this section, and annually thereafter, the Attorney Gen-
20 eral shall submit to Congress a report detailing the fol-
21 lowing, broken down by Federal judicial district:
22 ‘‘(1) With respect to each category of persons
23 prohibited by subsection (g) or (n) of section 922 or
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24 State or Tribal law from receiving or possessing a
25 firearm who are so denied a firearm—
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1 ‘‘(A) the number of denials;
2 ‘‘(B) the number of denials referred to the
3 Bureau of Alcohol, Tobacco, Firearms, and Ex-
4 plosives;
5 ‘‘(C) the number of denials for which the
6 Bureau of Alcohol, Tobacco, Firearms, and Ex-
7 plosives determines that the person denied was
8 not prohibited by subsection (g) or (n) of sec-
9 tion 922 or State law from receiving or pos-
10 sessing a firearm;
11 ‘‘(D) the number of denials overturned
12 through the national instant criminal back-
13 ground check system appeals process and the
14 reasons for overturning the denials;
15 ‘‘(E) the number of denials with respect to
16 which an investigation was opened by a field di-
17 vision of the Bureau of Alcohol, Tobacco, Fire-
18 arms, and Explosives;
19 ‘‘(F) the number of persons charged with
20 a Federal criminal offense in connection with a
21 denial; and
22 ‘‘(G) the number of convictions obtained
23 by Federal authorities in connection with a de-
24 nial.
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1 ‘‘(2) The number of background check notices
2 reported to State or Tribal authorities pursuant to
3 section 925B (including the number of the notices
4 that would have been so reported but for section
5 925B(c)).’’.
6 (b) CLERICAL AMENDMENT.—The table of sections
7 for chapter 44 of title 18, United States Code, as amended
8 by section 1101, is amended by inserting after the item
9 relating to section 925B the following:
‘‘925C. Annual report to Congress.’’.
10 SEC. 1103. SPECIAL ASSISTANT U.S. ATTORNEYS AND
11 CROSS-DEPUTIZED ATTORNEYS.
12 (a) IN GENERAL.—Chapter 44 of title 18, United
13 States Code, as amended by section 1102, is further
14 amended by inserting after section 925C the following:
15 ‘‘§ 925D. Special assistant U.S. attorneys and cross-
16 deputized attorneys
17 ‘‘(a) IN GENERAL.—In order to improve the enforce-
18 ment of paragraphs (8) and (9) of section 922(g), the At-
19 torney General may—
20 ‘‘(1) appoint, in accordance with section 543 of
21 title 28, qualified State, Tribal, territorial and local
22 prosecutors and qualified attorneys working for the
23 United States government to serve as special assist-
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24 ant United States attorneys for the purpose of pros-
25 ecuting violations of such paragraphs; and
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1 ‘‘(2) deputize State, Tribal, territorial and local
2 law enforcement officers for the purpose of enhanc-
3 ing the capacity of the agents of the Bureau of Alco-
4 hol, Tobacco, Firearms, and Explosives in respond-
5 ing to and investigating violations of such para-
6 graphs.
7 ‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC
8 SAFETY.—The Attorney General shall—
9 ‘‘(1) identify not fewer than 75 jurisdictions
10 among States, territories and Tribes where there are
11 high rates of firearms violence and threats of fire-
12 arms violence against intimate partners and other
13 persons protected under paragraphs (8) and (9) of
14 section 922(g) and where local authorities lack the
15 resources to address such violence;
16 ‘‘(2) make such appointments as described in
17 subsection (a) in jurisdictions where enhanced en-
18 forcement of such paragraphs is necessary to reduce
19 firearms homicide and injury rates; and
20 ‘‘(3) establish, in order to receive and expedite
21 requests for assistance from State, Tribal, terri-
22 torial, and local law enforcement agencies respond-
23 ing to intimate partner violence cases where such
24 agencies have probable cause to believe that the of-
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1 fenders may be in violation of such paragraphs,
2 points of contact within—
3 ‘‘(A) each Field Division of the Bureau of
4 Alcohol, Tobacco, Firearms, and Explosives;
5 and
6 ‘‘(B) each District Office of the United
7 States Attorneys.
8 ‘‘(c) QUALIFIED DEFINED.—For purposes of this
9 section, the term ‘qualified’ means, with respect to an at-
10 torney, that the attorney is a licensed attorney in good
11 standing with any relevant licensing authority.’’.
12 (b) CLERICAL AMENDMENT.—The table of sections
13 for chapter 44 of title 18, United States Code, as amended
14 by this Act, is further amended by inserting after the item
15 relating to section 925C the following:
‘‘925D. Special assistant U.S. attorneys and cross-deputized attorneys.’’.
16 SEC. 1104. REVIEW ON CRIMINAL OFFENSES AFFECTING
17 NATIVE HAWAIIANS.
18 (a) NATIVE HAWAIIAN DEFINED.—In this section,
19 the term ‘‘Native Hawaiian’’ has the meaning given the
20 term in section 801 of the Native American Housing As-
21 sistance and Self-Determination Act (25 U.S.C. 4221).
22 (b) REVIEW OF RELEVANT FEDERAL CRIME PRE-
23 VENTION, VICTIM SERVICE, AND CRIMINAL JUSTICE PRO-
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1 (1) REPORT.—Not later than 18 months after
2 the date of enactment of this Act, the Attorney Gen-
3 eral shall submit a report to Congress containing the
4 following:
5 (A) The results and findings of the com-
6 prehensive review required to be conducted
7 under paragraph (2).
8 (B) The amount of Federal funding re-
9 ceived by Native Hawaiian-serving organiza-
10 tions from relevant Federal programs, including
11 the percentage of each such amount of funding
12 received by Native Hawaiian-serving organiza-
13 tions relative to the total amount of funding
14 dispersed for each relevant Federal program.
15 (C) Recommendations and legislative pro-
16 posals to—
17 (i) improve how relevant Federal pro-
18 grams address the needs of Native Hawai-
19 ians;
20 (ii) improve responses to and inves-
21 tigation of incidences of missing or mur-
22 dered Native Hawaiians;
23 (iii) reduce the likelihood that a Na-
24 tive Hawaiian may become involved in the
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1 (iv) address any other relevant mat-
2 ters deemed necessary by the Attorney
3 General.
4 (2) COMPREHENSIVE REVIEW.—The Attorney
5 General shall conduct a comprehensive review of rel-
6 evant Federal programs.
7 (3) RELEVANT FEDERAL PROGRAM.—In this
8 subsection, the term ‘‘relevant Federal program’’
9 means any—
10 (A) law enforcement or other crime preven-
11 tion program targeting criminal offenses that
12 affect Native Hawaiians, including child sexual
13 exploitation, child abuse, intimate partner vio-
14 lence, human trafficking, missing or murdered
15 individuals, and substance abuse;
16 (B) any program that provide services to
17 victims of criminal offenses affecting Native
18 Hawaiians, including child sexual exploitation,
19 child abuse, intimate partner violence, human
20 trafficking, and substance abuse; and
21 (C) any criminal justice system program or
22 service available to and used by Native Hawai-
23 ians in various jurisdictions, including diversion
24 programs, in-prison education programs, and
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1 (c) REPORT ON NATIVE HAWAIIANS IN THE CRIMI-
2 NAL JUSTICE SYSTEM.—
3 (1) IN GENERAL.—Not later than 180 days
4 after the date of enactment of this Act, the Attorney
5 General, acting through the National Institute of
6 Justice, in coordination with the Bureau of Justice
7 Statistics, shall prepare a report on the interaction
8 of Native Hawaiians with the criminal justice sys-
9 tem.
10 (2) CONTENTS OF REPORT.—The report re-
11 quired under this subsection shall include—
12 (A) known statistics related to the percent-
13 age of persons who are Native Hawaiians out of
14 the total of—
15 (i) all persons arrested;
16 (ii) all persons detained in Federal,
17 State, and local jails;
18 (iii) all persons subject to pretrial su-
19 pervision;
20 (iv) all persons subject to post-convic-
21 tion supervision;
22 (v) all persons incarcerated in Federal
23 and State prisons; and
24 (vi) all persons subject to post-release
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1 (B) an explanation of why the statistics de-
2 scribed in subparagraph (A) may not be com-
3 prehensive;
4 (C) recommendations on how data collec-
5 tion related to the statistics described in sub-
6 paragraph (A) could be improved;
7 (D) a description of any culturally relevant
8 programs available to Native Hawaiians who
9 interact with the Federal criminal justice sys-
10 tem; and
11 (E) a summary of any available data on
12 the number of Native Hawaiians who are incar-
13 cerated and placed in Federal and private cor-
14 rectional facilities more than 200 miles from
15 their place of residence.
16 TITLE XII—CLOSING THE LAW
17 ENFORCEMENT CONSENT
18 LOOPHOLE
19 SEC. 1201. SHORT TITLE.
20 This title may be cited as the ‘‘Closing the Law En-
21 forcement Consent Loophole Act of 2022’’.
22 SEC. 1202. PENALTIES FOR CIVIL RIGHTS OFFENSES IN-
23 VOLVING SEXUAL MISCONDUCT.
24 (a) AMENDMENT.—
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1 (1) IN GENERAL.—Chapter 13 of title 18,
2 United States Code, is amended by adding at the
3 end the following:
4 ‘‘§ 250. Penalties for civil rights offenses involving
5 sexual misconduct
6 ‘‘(a) OFFENSE.—It shall be unlawful for any person
7 to, in the course of committing an offense under this chap-
8 ter or under section 901 of the Fair Housing Act (42
9 U.S.C. 3631), engage in, or cause another to engage in,
10 sexual misconduct.
11 ‘‘(b) PENALTIES.—Any person who violates sub-
12 section (a) shall be—
13 ‘‘(1) in the case of an offense involving aggra-
14 vated sexual abuse, as defined in section 2241, or if
15 the offense involved sexual abuse, as defined in sec-
16 tion 2242, or if the offense involved an attempt to
17 commit such aggravated sexual abuse or sexual
18 abuse, fined under this title and imprisoned for any
19 term of years or for life;
20 ‘‘(2) in the case of an offense involving abusive
21 sexual contact of a child who has not attained the
22 age of 16, of the type prohibited by section
23 2244(a)(5), fined under this title and imprisoned for
24 any term of years or for life;
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1 ‘‘(3) in the case of an offense involving a sexual
2 act, as defined in section 2246, with another person
3 without the other person’s permission, and it does
4 not amount to sexual abuse or aggravated sexual
5 abuse, be fined under this title and imprisoned for
6 not more than 40 years;
7 ‘‘(4) in the case of an offense involving abusive
8 sexual contact of the type prohibited by subsection
9 (a)(1) or (b) of section 2244, but excluding abusive
10 sexual contact through the clothing—
11 ‘‘(A) fined under this title and imprisoned
12 for not more than 10 years; and
13 ‘‘(B) if the offense involves a child who has
14 not attained the age of 12 years, imprisoned for
15 not more than 30 years;
16 ‘‘(5) in the case of an offense involving abusive
17 sexual contact of the type prohibited by section
18 2244(a)(2)—
19 ‘‘(A) fined under this title and imprisoned
20 for not more than 3 years; and
21 ‘‘(B) if the offense involves a child under
22 the age of 12, imprisoned for not more than 20
23 years; and
24 ‘‘(6) in the case of an offense involving abusive
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1 hibited by subsection (a)(3), (a)(4), or (b) of section
2 2244—
3 ‘‘(A) fined under this title and imprisoned
4 for not more than 2 years; and
5 ‘‘(B) if the offense involves a child under
6 the age of 12, imprisoned for not more than 10
7 years.’’.
8 (2) TECHNICAL AND CONFORMING AMEND-
9 MENT.—The table of sections for chapter 13 of title
10 18, United States Code, is amended by inserting
11 after the item relating to section 249 the following:
‘‘250. Penalties for civil rights offenses involving sexual misconduct.’’.
12 (b) SEXUAL ABUSE.—Section 2242 of title 18,
13 United States Code, is amended—
14 (1) in paragraph (1), by striking ‘‘or’’ at the
15 end;
16 (2) in paragraph (2)(B), by inserting ‘‘or’’ after
17 the semicolon; and
18 (3) by inserting after paragraph (2) the fol-
19 lowing:
20 ‘‘(3) engages in a sexual act with another per-
21 son without that other person’s consent, to include
22 doing so through coercion;’’.
23 (c) SEXUAL ABUSE OF A MINOR, A WARD, OR AN
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1 (1) IN GENERAL.—Section 2243 of title 18,
2 United States Code, is amended—
3 (A) by striking the section heading and in-
4 serting ‘‘Sexual abuse of a minor, a
5 ward, or an individual in Federal cus-
6 tody’’;
7 (B) by redesignating subsections (c) and
8 (d) as subsections (d) and (e), respectively; and
9 (C) by adding after subsection (b) the fol-
10 lowing:
11 ‘‘(c) OF AN INDIVIDUAL IN FEDERAL CUSTODY.—
12 Whoever, while acting in their capacity as a Federal law
13 enforcement officer, knowingly engages in a sexual act
14 with an individual who is under arrest, under supervision,
15 in detention, or in Federal custody, shall be fined under
16 this title, imprisoned not more than 15 years, or both.’’.
17 (2) CLERICAL AMENDMENT.—The table of sec-
18 tions for chapter 109A of title 18, United States
19 Code, is amended by striking the item relating to
20 section 2243 and inserting the following:
‘‘2243. Sexual abuse of a minor, a ward, or an individual in Federal custody.’’.
21 (d) ABUSIVE SEXUAL CONTACT.—Section 2244(a) of
22 title 18, United States Code, is amended—
23 (1) in paragraph (4), by striking ‘‘or’’ at the
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1 (2) in paragraph (5), by striking the period at
2 the end and inserting ‘‘; or’’; and
3 (3) by adding at the end the following:
4 ‘‘(6) subsection (c) of section 2243 of this title
5 had the sexual contact been a sexual act, shall be
6 fined under this title, imprisoned not more than two
7 years, or both;’’;
8 (e) DEFINITION.—Section 2246 of title 18, United
9 States Code, is amended—
10 (1) in paragraph (5), by striking ‘‘and’’ at the
11 end;
12 (2) in paragraph (6), by striking the period at
13 the end and inserting ‘‘; and’’; and
14 (3) by inserting after paragraph (6) the fol-
15 lowing:
16 ‘‘(7) the term ‘Federal law enforcement officer’
17 has the meaning given the term in section 115.’’.
18 SEC. 1203. INCENTIVES FOR STATES.
19 (a) AUTHORITY TO MAKE GRANTS.—The Attorney
20 General is authorized to make grants to States that have
21 in effect a law that—
22 (1) makes it a criminal offense for any person
23 acting under color of law of the State to knowingly
24 engage in a sexual act with an individual who is
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1 under arrest, in detention, or otherwise in the actual
2 custody of any law enforcement officer; and
3 (2) prohibits a person charged with an offense
4 described in paragraph (1) from asserting the con-
5 sent of the other individual as a defense.
6 (b) REPORTING REQUIREMENT.—A State that re-
7 ceives a grant under this section shall submit to the Attor-
8 ney General, on an annual basis, information on—
9 (1) the number of reports made to law enforce-
10 ment agencies in that State regarding persons en-
11 gaging in a sexual act while acting under color of
12 law during the previous year; and
13 (2) the disposition of each case in which sexual
14 misconduct by a person acting under color of law
15 was reported during the previous year.
16 (c) APPLICATION.—A State seeking a grant under
17 this section shall submit an application to the Attorney
18 General at such time, in such manner, and containing
19 such information as the Attorney General may reasonably
20 require, including information about the law described in
21 subsection (a).
22 (d) GRANT AMOUNT.—The amount of a grant to a
23 State under this section shall be in an amount that is not
24 greater than 10 percent of the average of the total amount
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1 of funding of the 3 most recent awards that the State re-
2 ceived under the following grant programs:
3 (1) Part T of title I of the Omnibus Crime Con-
4 trol and Safe Streets Act of 1968 (34 U.S.C. 10441
5 et seq.) (commonly referred to as the ‘‘STOP Vio-
6 lence Against Women Formula Grant Program’’).
7 (2) Section 41601 of the Violence Against
8 Women Act of 1994 (34 U.S.C. 12511) (commonly
9 referred to as the ‘‘Sexual Assault Services Pro-
10 gram’’).
11 (e) GRANT TERM.—
12 (1) IN GENERAL.—The Attorney General shall
13 provide an increase in the amount provided to a
14 State under the grant programs described in sub-
15 section (d) for a 2-year period.
16 (2) RENEWAL.—A State that receives a grant
17 under this section may submit an application for a
18 renewal of such grant at such time, in such manner,
19 and containing such information as the Attorney
20 General may reasonably require.
21 (3) LIMIT.—A State may not receive a grant
22 under this section for more than 4 years.
23 (f) USES OF FUNDS.—A State that receives a grant
24 under this section shall use—
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1 (1) 25 percent of such funds for any of the per-
2 missible uses of funds under the grant program de-
3 scribed in paragraph (1) of subsection (d); and
4 (2) 75 percent of such funds for any of the per-
5 missible uses of funds under the grant program de-
6 scribed in paragraph (2) of subsection (d).
7 (g) AUTHORIZATION OF APPROPRIATIONS.—There
8 are authorized to be appropriated to carry out this section
9 $5,000,000 for each of fiscal years 2023 through 2027.
10 (h) DEFINITION.—For purposes of this section, the
11 term ‘‘State’’ means each of the several States and the
12 District of Columbia, Indian Tribes, and the Common-
13 wealth of Puerto Rico, Guam, American Samoa, the Vir-
14 gin Islands, and the Northern Mariana Islands.
15 SEC. 1204. REPORTS TO CONGRESS.
16 (a) REPORT BY ATTORNEY GENERAL.—Not later
17 than 1 year after the date of enactment of this Act, and
18 each year thereafter, the Attorney General shall submit
19 to Congress and make publicly available on the Depart-
20 ment of Justice website a report containing—
21 (1) the information required to be reported to
22 the Attorney General under section 1203(b); and
23 (2) information on—
24 (A) the number of reports made, during
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1 agencies regarding persons engaging in a sexual
2 act while acting under color of law; and
3 (B) the disposition of each case in which
4 sexual misconduct by a person acting under
5 color of law was reported.
6 (b) REPORT BY GAO.—Not later than 1 year after
7 the date of enactment of this Act, and each year there-
8 after, the Comptroller General of the United States shall
9 submit to Congress a report on any violations of section
10 2243(c) of title 18, United States Code, as amended by
11 section 1302, committed during the 1-year period covered
12 by the report.
13 (c) REPORT BY ATTORNEY GENERAL ON CONFLICTS
14 BETWEEN STATE’S MARRIAGE-AGE AND AGE-BASED SEX
15 OFFENSES.—Not later than 1 year after the date of enact-
16 ment of this Act, and each year thereafter, the Attorney
17 General shall submit to Congress a report that examines
18 inconsistencies between State laws on marriage-age and
19 State laws on age-based sex offenses and, in particular,
20 States with laws that—
21 (1) provide an exception to definitions of age-
22 based sex offenses (including statutory rape), or a
23 defense to prosecution for such offenses, based on
24 the marriage of the perpetrator to the victim; or
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1 (2) allow marriages between parties at ages, or
2 with age differences between them, such that sexual
3 acts between those parties outside of marriage would
4 constitute an age-based sex offense (including statu-
5 tory rape).
6 SEC. 1205. 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 XIII—OTHER MATTERS
11 SEC. 1301. NATIONAL STALKER AND DOMESTIC VIOLENCE
12 REDUCTION.
13 Section 40603 of the Violence Against Women Act
14 of 1994 (34 U.S.C. 12402) is amended by striking ‘‘2014
15 through 2018’’ and inserting ‘‘2023 through 2027’’.
16 SEC. 1302. FEDERAL VICTIM AND WITNESS COORDINATORS
17 REAUTHORIZATION.
18 Section 40114 of the Violence Against Women Act
19 of 1994 (Public Law 103–322; 108 Stat. 1910) is amend-
20 ed to read as follows:
21 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND
22 WITNESS COORDINATORS.
23 ‘‘There are authorized to be appropriated for the
24 United States attorneys for the purpose of appointing vic-
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1 crimes and domestic violence crimes where applicable
2 (such as the District of Columbia), $1,000,000 for each
3 of fiscal years 2023 through 2027.’’.
4 SEC. 1303. CHILD ABUSE TRAINING PROGRAMS FOR JUDI-
5 CIAL PERSONNEL AND PRACTITIONERS RE-
6 AUTHORIZATION.
7 Section 224(a) of the Crime Control Act of 1990 (34
8 U.S.C. 20334(a)) is amended by striking ‘‘subtitle’’ and
9 all that follows and inserting ‘‘subtitle $2,300,000 for each
10 of fiscal years 2023 through 2027’’.
11 SEC. 1304. 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 to read as follows:
15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
16 are authorized to be appropriated to carry out this section
17 $5,000,000 for each of fiscal years 2023 through 2027.’’.
18 SEC. 1305. COURT-APPOINTED SPECIAL ADVOCATE PRO-
19 GRAM.
20 Section 219(a) of the Crime Control Act of 1990 (34
21 U.S.C. 20324(a)) is amended by striking ‘‘2014 through
22 2018’’ and inserting ‘‘2023 through 2027’’.
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1 SEC. 1306. REVIEW OF LINK BETWEEN SUBSTANCE USE
2 AND VICTIMS OF DOMESTIC VIOLENCE DAT-
3 ING VIOLENCE, SEXUAL ASSAULT, OR STALK-
4 ING.
5 Not later than 2 years after the date of enactment
6 of this Act, the Secretary of Health and Human Services
7 shall complete a review and submit to Congress a report
8 on whether being a victim of domestic violence, dating vio-
9 lence, sexual assault, or stalking increases the likelihood
10 of having a substance use disorder.
11 SEC. 1307. INTERAGENCY WORKING GROUP TO STUDY FED-
12 ERAL EFFORTS TO COLLECT DATA ON SEX-
13 UAL VIOLENCE.
14 (a) ESTABLISHMENT.—Not later than 180 days after
15 the date of enactment of this Act, the Attorney General
16 shall establish an interagency working group to study Fed-
17 eral efforts to collect data on sexual violence and to make
18 recommendations on the harmonization of such efforts.
19 (b) COMPOSITION.—The Working Group shall be
20 comprised of at least one representative from each of the
21 following agencies, who shall be selected by the head of
22 that agency:
23 (1) The Centers for Disease Control and Pre-
24 vention.
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1 (3) The Department of Health and Human
2 Services.
3 (4) The Department of Justice.
4 (5) The Equal Employment Opportunity Com-
5 mission.
6 (c) DUTIES.—The Working Group shall consider the
7 following:
8 (1) What activity constitutes different acts of
9 sexual violence.
10 (2) Whether reports that use the same terms
11 for acts of sexual violence are collecting the same
12 data on these acts.
13 (3) Whether the context which led to an act of
14 sexual violence should impact how that act is ac-
15 counted for in reports.
16 (4) Whether the data collected is presented in
17 a way that allows the general public to understand
18 what acts of sexual violence are included in each
19 measurement.
20 (5) Steps that agencies that compile reports re-
21 lating to sexual violence can take to avoid double
22 counting incidents of sexual violence.
23 (d) REPORT REQUIRED.—Not later than 2 years
24 after the date of enactment of this Act, the Working
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1 Group shall publish and submit to Congress a report on
2 the following:
3 (1) The activities of the Working Group.
4 (2) Recommendations to harmonize Federal ef-
5 forts to collect data on sexual violence.
6 (3) Actions Federal agencies can take to imple-
7 ment the recommendations described in paragraph
8 (2).
9 (4) Recommendations, if any, for congressional
10 action to implement the recommendations described
11 in paragraph (2).
12 (e) TERMINATION.—The Working Group shall termi-
13 nate 30 days after the date on which the report is sub-
14 mitted pursuant to subsection (d).
15 (f) DEFINITIONS.—In this section:
16 (1) HARMONIZE.—The term ‘‘harmonize’’ in-
17 cludes efforts to coordinate sexual violence data col-
18 lection to produce complementary information, as
19 appropriate, without compromising programmatic
20 needs.
21 (2) SEXUAL VIOLENCE.—The term ‘‘sexual vio-
22 lence’’ includes an unwanted sexual act (including
23 both contact and non-contact) about which the Fed-
24 eral Government collects information.
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1 (3) WORKING GROUP.—The term ‘‘Working
2 Group’’ means the interagency working group estab-
3 lished under subsection (a).
4 SEC. 1308. NATIONAL RESOURCE CENTER ON WORKPLACE
5 RESPONSES TO ASSIST VICTIMS OF DOMES-
6 TIC AND SEXUAL VIOLENCE ASSISTANCE FOR
7 MICROBUSINESSES.
8 Section 41501(b) of the Violence Against Women Act
9 of 1994 (34 U.S.C. 12501(b)) is amended—
10 (1) in paragraph (2)—
11 (A) by striking ‘‘companies and public en-
12 tities’’ and inserting ‘‘companies, public enti-
13 ties’’; and
14 (B) by inserting ‘‘, and employers with
15 fewer than 20 employees’’ after ‘‘State and
16 local governments’’; and
17 (2) in paragraph (3), by inserting before the pe-
18 riod at the end the following: ‘‘, which materials
19 shall include a website with resources for employers
20 with fewer than 20 employees, including live training
21 materials’’.
22 SEC. 1309. CIVIL ACTION RELATING TO DISCLOSURE OF IN-
23 TIMATE IMAGES.
24 (a) DEFINITIONS.—In this section:
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1 (1 COMMERCIAL PORNOGRAPHIC CONTENT.—
2 The term ‘‘commercial pornographic content’’ means
3 any material that is subject to the record keeping re-
4 quirements under section 2257 of title 18, United
5 States Code.
6 (2) CONSENT.—The term ‘‘consent’’ means an
7 affirmative, conscious, and voluntary authorization
8 made by the individual free from force, fraud, mis-
9 representation, or coercion.
10 (3) DEPICTED INDIVIDUAL.—The term ‘‘de-
11 picted individual’’ means an individual whose body
12 appears in whole or in part in an intimate visual de-
13 piction and who is identifiable by virtue of the per-
14 son’s face, likeness, or other distinguishing char-
15 acteristic, such as a unique birthmark or other rec-
16 ognizable feature, or from information displayed in
17 connection with the visual depiction.
18 (4) DISCLOSE.—The term ‘‘disclose’’ means to
19 transfer, publish, distribute, or make accessible.
20 (5) INTIMATE VISUAL DEPICTION.—The term
21 ‘‘intimate visual depiction’’—
22 (A) means a visual depiction, as that term
23 is defined in section 2256(5) of title 18, United
24 States Code, that depicts—
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1 (i) the uncovered genitals, pubic area,
2 anus, or post-pubescent female nipple of an
3 identifiable individual; or
4 (ii) the display or transfer of bodily
5 sexual fluids—
6 (I) on to any part of the body of
7 an identifiable individual;
8 (II) from the body of an identifi-
9 able individual; or
10 (III) an identifiable individual
11 engaging in sexually explicit conduct
12 and
13 (B) includes any visual depictions de-
14 scribed in subparagraph (A) produced while the
15 identifiable individual was in a public place only
16 if the individual did not—
17 (i) voluntarily display the content de-
18 picted; or
19 (ii) consent to the sexual conduct de-
20 picted.
21 (6) SEXUALLY EXPLICIT CONDUCT.—The term
22 ‘‘sexually explicit conduct’’ has the meaning given
23 the term in subparagraphs (A) and (B) of section
24 2256(2) of title 18, United States Code.
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25 (b) CIVIL ACTION.—
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1 (1) RIGHT OF ACTION.—
2 (A) IN GENERAL.—Except as provided in
3 paragraph (4), an individual whose intimate vis-
4 ual depiction is disclosed, in or affecting inter-
5 state or foreign commerce or using any means
6 or facility of interstate or foreign commerce,
7 without the consent of the individual, where
8 such disclosure was made by a person who
9 knows that, or recklessly disregards whether,
10 the individual has not consented to such disclo-
11 sure, may bring a civil action against that per-
12 son in an appropriate district court of the
13 United States for relief as set forth in para-
14 graph (3).
15 (B) RIGHTS ON BEHALF OF CERTAIN INDI-
16 VIDUALS.—In the case of an individual who is
17 under 18 years of age, incompetent, incapaci-
18 tated, or deceased, the legal guardian of the in-
19 dividual or representative of the identifiable in-
20 dividual’s estate, another family member, or
21 any other person appointed as suitable by the
22 court, may assume the identifiable individual’s’
23 rights under this section, but in no event shall
24 the defendant be named as such representative
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1 (2) CONSENT.—For purposes of an action
2 under paragraph (1)—
3 (A) the fact that the individual consented
4 to the creation of the depiction shall not estab-
5 lish that the person consented to its distribu-
6 tion; and
7 (B) the fact that the individual disclosed
8 the intimate visual depiction to someone else
9 shall not establish that the person consented to
10 the further disclosure of the intimate visual de-
11 piction by the person alleged to have violated
12 paragraph (1).
13 (3) RELIEF.—
14 (A) IN GENERAL.—In a civil action filed
15 under this section—
16 (i) an individual may recover the ac-
17 tual damages sustained by the individual
18 or liquidated damages in the amount of
19 $150,000, and the cost of the action, in-
20 cluding reasonable attorney’s fees and
21 other litigation costs reasonably incurred;
22 and
23 (ii) the court may, in addition to any
24 other relief available at law, order equi-
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1 ing order, a preliminary injunction, or a
2 permanent injunction ordering the defend-
3 ant to cease display or disclosure of the
4 visual depiction.
5 (B) PRESERVATION OF ANONYMITY.—In
6 ordering relief under subparagraph (A), the
7 court may grant injunctive relief maintaining
8 the confidentiality of a plaintiff using a pseu-
9 donym.
10 (4) EXCEPTIONS.—An identifiable individual
11 may not bring an action for relief under this section
12 relating to—
13 (A) an intimate image that is commercial
14 pornographic content, unless that content was
15 produced by force, fraud, misrepresentation, or
16 coercion of the depicted individual;
17 (B) a disclosure made in good faith—
18 (i) to a law enforcement officer or
19 agency;
20 (ii) as part of a legal proceeding;
21 (iii) as part of medical education, di-
22 agnosis, or treatment; or
23 (iv) in the reporting or investigation
24 of—
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1 (II) unsolicited or unwelcome
2 conduct;
3 (C) a matter of public concern or public in-
4 terest; or
5 (D) a disclosure reasonably intended to as-
6 sist the identifiable individual.
7 SEC. 1310. CHOOSE RESPECT ACT.
8 (a) SHORT TITLE.—This section may be cited as the
9 ‘‘Choose Respect Act’’.
10 (b) DESIGNATION.—
11 (1) IN GENERAL.—Chapter 1 of title 36, United
12 States Code, is amended by adding at the end the
13 following:
14 ‘‘§ 146. Choose Respect Day
15 ‘‘(a) DESIGNATION.—October 1 is Choose Respect
16 Day.
17 ‘‘(b) RECOGNITION.—All private citizens, organiza-
18 tions, and Federal, State, and local governmental and leg-
19 islative entities are encouraged to recognize Choose Re-
20 spect Day through proclamations, activities, and edu-
21 cational efforts in furtherance of changing the culture
22 around the tolerance of violence against women.’’.
23 (2) TECHNICAL AND CONFORMING AMEND-
24 MENT.—The table of sections for chapter 1 of title
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1 36, United States Code, is amended by adding at
2 the end the following:
‘‘146. Choose Respect Day.’’.
3 (c) MEDIA CAMPAIGN.—
4 (1) DEFINITIONS.—In this subsection:
5 (A) DIRECTOR.—The term ‘‘Director’’
6 means the Director of the Office on Violence
7 Against Women.
8 (B) NATIONAL MEDIA CAMPAIGN.—The
9 term ‘‘national media campaign’’ means the na-
10 tional ‘‘Choose Respect’’ media campaign de-
11 scribed in paragraph (2).
12 (2) MEDIA CAMPAIGN.—The Director shall, to
13 the extent feasible and appropriate, conduct a na-
14 tional ‘‘Choose Respect’’ media campaign in accord-
15 ance with this section for the purposes of—
16 (A) preventing and discouraging violence
17 against women, including domestic violence,
18 dating violence, sexual assault, and stalking by
19 targeting the attitudes, perceptions, and beliefs
20 of individuals who have or are likely to commit
21 such crimes;
22 (B) encouraging victims of the crimes de-
23 scribed in subparagraph (A) to seek help
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1 tive by the most current evidence available, in-
2 cluding seeking legal representation; and
3 (C) informing the public about the help
4 available to victims of the crimes described in
5 subparagraph (A).
6 (3) USE OF FUNDS.—
7 (A) IN GENERAL.—Amounts made avail-
8 able to carry out this section for the national
9 media campaign may only be used for the fol-
10 lowing:
11 (i) The purchase of media time and
12 space, including the strategic planning for,
13 tracking, and accounting of, such pur-
14 chases.
15 (ii) Creative and talent costs, con-
16 sistent with subparagraph (B).
17 (iii) Advertising production costs,
18 which may include television, radio, inter-
19 net, social media, and other commercial
20 marketing venues.
21 (iv) Testing and evaluation of adver-
22 tising.
23 (v) Evaluation of the effectiveness of
24 the national media campaign.
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1 (vi) Costs of contracts to carry out ac-
2 tivities authorized by this subsection.
3 (vii) Partnerships with professional
4 and civic groups, community-based organi-
5 zations, including faith-based organizations
6 and culturally specific organizations, and
7 government organizations related to the
8 national media campaign.
9 (viii) Entertainment industry out-
10 reach, interactive outreach, media projects
11 and activities, public information, news
12 media outreach, corporate sponsorship and
13 participation, and professional sports asso-
14 ciations and military branch participation.
15 (ix) Operational and management ex-
16 penses.
17 (B) SPECIFIC REQUIREMENTS.—
18 (i) CREATIVE SERVICES.—In using
19 amounts for creative and talent costs
20 under subparagraph (A), the Director shall
21 use creative services donated at no cost to
22 the Government wherever feasible and may
23 only procure creative services for adver-
24 tising—
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1 (I) responding to high-priority or
2 emergent campaign needs that cannot
3 timely be obtained at no cost; or
4 (II) intended to reach a minority,
5 ethnic, or other special audience that
6 cannot reasonably be obtained at no
7 cost.
8 (ii) TESTING AND EVALUATION OF
9 ADVERTISING.—In using amounts for test-
10 ing and evaluation of advertising under
11 subparagraph (A)(iv), the Director shall
12 test all advertisements prior to use in the
13 national media campaign to ensure that
14 the advertisements are effective with the
15 target audience and meet industry-accept-
16 ed standards. The Director may waive this
17 requirement for advertisements using not
18 more than 10 percent of the purchase of
19 advertising time purchased under this sec-
20 tion in a fiscal year and not more than 10
21 percent of the advertising space purchased
22 under this section in a fiscal year, if the
23 advertisements respond to emergent and
24 time-sensitive campaign needs or the ad-
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1 vertisements will not be widely utilized in
2 the national media campaign.
3 (iii) CONSULTATION.—For the plan-
4 ning of the campaign under paragraph (2),
5 the Director may consult with—
6 (I) the Office for Victims of
7 Crime, the Administration on Chil-
8 dren, Youth and Families, and other
9 related Federal Government entities;
10 (II) State, local, and Indian Trib-
11 al governments;
12 (III) the prevention of domestic
13 violence, dating violence, sexual as-
14 sault, or stalking, including national
15 and local non-profits; and
16 (IV) communications profes-
17 sionals.
18 (iv) EVALUATION OF EFFECTIVENESS
19 OF NATIONAL MEDIA CAMPAIGN.—In using
20 amounts for the evaluation of the effective-
21 ness of the national media campaign under
22 subparagraph (A)(v), the Attorney General
23 shall—
24 (I) designate an independent en-
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1 year the effectiveness of the national
2 media campaign based on data from
3 any relevant studies or publications,
4 as determined by the Attorney Gen-
5 eral, including tracking and evaluation
6 data collected according to marketing
7 and advertising industry standards;
8 and
9 (II) ensure that the effectiveness
10 of the national media campaign is
11 evaluated in a manner that enables
12 consideration of whether the national
13 media campaign has contributed to
14 changes in attitude or behaviors
15 among the target audience with re-
16 spect to violence against women and
17 such other measures of evaluation as
18 the Attorney General determines are
19 appropriate.
20 (4) ADVERTISING.—In carrying out this sub-
21 section, the Director shall ensure that sufficient
22 funds are allocated to meet the stated goals of the
23 national media campaign.
24 (5) RESPONSIBILITIES AND FUNCTIONS UNDER
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1 (A) IN GENERAL.—The Director shall de-
2 termine the overall purposes and strategy of the
3 national media campaign.
4 (B) DIRECTOR.—
5 (i) IN GENERAL.—The Director shall
6 approve—
7 (I) the strategy of the national
8 media campaign;
9 (II) all advertising and pro-
10 motional material used in the national
11 media campaign; and
12 (III) the plan for the purchase of
13 advertising time and space for the na-
14 tional media campaign.
15 (ii) IMPLEMENTATION.—The Director
16 shall be responsible for implementing a fo-
17 cused national media campaign to meet the
18 purposes described in paragraph (2) and
19 shall ensure—
20 (I) information disseminated
21 through the campaign is accurate and
22 scientifically valid; and
23 (II) the campaign is designed
24 using strategies demonstrated to be
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1 goals and requirements of paragraph
2 (2), which may include—
3 (aa) a media campaign, as
4 described in paragraph (3);
5 (bb) local, regional, or popu-
6 lation specific messaging;
7 (cc) the development of
8 websites to publicize and dissemi-
9 nate information;
10 (dd) conducting outreach
11 and providing educational re-
12 sources for women;
13 (ee) collaborating with law
14 enforcement agencies; and
15 (ff) providing support for
16 school-based public health edu-
17 cation classes to improve teen
18 knowledge about the effects of vi-
19 olence against women.
20 (6) PROHIBITIONS.—None of the amounts
21 made available under paragraph (3) may be obli-
22 gated or expended for any of the following:
23 (A) To supplant current antiviolence
24 against women campaigns by community-based
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1 (B) To supplant pro bono public service
2 time donated by national and local broadcasting
3 networks for other public service campaigns.
4 (C) For partisan political purposes, or to
5 express advocacy in support of or to defeat any
6 clearly identified candidate, clearly identified
7 ballot initiative, or clearly identified legislative
8 or regulatory proposal.
9 (D) To fund advertising that features any
10 elected officials, persons seeking elected office,
11 cabinet level officials, or other Federal officials
12 employed pursuant to schedule C of subpart C
13 of title 5, Code of Federal Regulations.
14 (E) To fund advertising that does not con-
15 tain a primary message intended to reduce or
16 prevent violence against women.
17 (F) To fund advertising containing a pri-
18 mary message intended to promote support for
19 the national media campaign or private sector
20 contributions to the national media campaign.
21 (7) FINANCIAL AND PERFORMANCE ACCOUNT-
22 ABILITY.—The Director shall cause to be per-
23 formed—
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1 (A) audits and reviews of costs of the na-
2 tional media campaign pursuant to section
3 4706 of title 41, United States Code; and
4 (B) an audit to determine whether the
5 costs of the national media campaign are allow-
6 able under chapter 43 of title 41, United States
7 Code.
8 (8) REPORT TO CONGRESS.—The Director shall
9 submit on an annual basis a report to Congress that
10 describes—
11 (A) the strategy of the national media
12 campaign and whether specific objectives of the
13 national media campaign were accomplished;
14 (B) steps taken to ensure that the national
15 media campaign operates in an effective and ef-
16 ficient manner consistent with the overall strat-
17 egy and focus of the national media campaign;
18 (C) plans to purchase advertising time and
19 space;
20 (D) policies and practices implemented to
21 ensure that Federal funds are used responsibly
22 to purchase advertising time and space and
23 eliminate the potential for waste, fraud, and
24 abuse;
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1 (E) all contracts entered into with a cor-
2 poration, partnership, or individual working on
3 behalf of the national media campaign;
4 (F) the results of any financial audit of the
5 national media campaign;
6 (G) a description of any evidence used to
7 develop the national media campaign;
8 (H) specific policies and steps implemented
9 to ensure compliance with this subsection;
10 (I) a detailed accounting of the amount of
11 funds obligated during the previous fiscal year
12 for carrying out the national media campaign,
13 including each recipient of funds, the purpose
14 of each expenditure, the amount of each ex-
15 penditure, any available outcome information,
16 and any other information necessary to provide
17 a complete accounting of the funds expended;
18 and
19 (J) a review and evaluation of the effec-
20 tiveness of the national media campaign strat-
21 egy for the previous year.
22 (9) AUTHORIZATION OF APPROPRIATIONS.—
23 There are authorized to be appropriated to the Di-
24 rector to carry out this section $5,000,000 for each
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1 of fiscal years 2023 through 2027, to remain avail-
2 able until expended.
3 SEC. 1311. TECHNICAL CORRECTION TO VICTIMS OF CRIME
4 ACT.
5 Section 1403(a)(1) of the Victims of Crime Act of
6 1984 (34 U.S.C. 20102(a)(1)) is amended by striking
7 ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’.
8 SEC. 1312. ELIMINATING THE MARRIAGE DEFENSE TO
9 STATUTORY RAPE.
10 Section 2243(c) of title 18, United States Code, is
11 amended—
12 (1) in paragraph (1), by striking ‘‘(1) In a’’
13 and inserting ‘‘In a’’; and
14 (2) by striking paragraph (2).
15 SEC. 1313. DEPUTY ASSISTANT ATTORNEY GENERAL ON
16 CULTURALLY SPECIFIC COMMUNITIES WITH-
17 IN THE OFFICE OF JUSTICE PROGRAMS.
18 (a) ESTABLISHMENT; DUTIES.—There shall be a
19 Deputy Assistant Attorney General on Culturally Specific
20 Communities within the Office of Justice Programs who
21 shall, under the guidance and authority of the Director
22 of the Office of Justice Programs—
23 (1) advise on the administration of grants re-
24 lated to culturally specific (as defined in section
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1 1994 (34 U.S.C. 12291(a))) services and contracts
2 with culturally specific organizations;
3 (2) coordinate development of Federal policy,
4 protocols, and guidelines on matters relating to do-
5 mestic violence, dating violence, sexual assault, and
6 stalking (as those terms are defined in section
7 40002(a) of the Violence Against Women Act of
8 1994 (34 U.S.C. 12291(a)), in culturally specific
9 communities;
10 (3) advise the Assistant Attorney General for
11 the Office of Justice Programs concerning policies,
12 legislation, implementation of laws, and other issues
13 relating to domestic violence, dating violence, sexual
14 assault, and stalking in culturally specific commu-
15 nities;
16 (4) provide technical assistance, coordination,
17 and support to other offices and bureaus in the De-
18 partment of Justice to develop policy and to enforce
19 Federal laws relating to domestic violence, dating vi-
20 olence, sexual assault, and stalking in culturally spe-
21 cific communities;
22 (5) ensure that appropriate technical assistance,
23 developed and provided by entities having expertise
24 in culturally specific communities, is made available
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1 to grantees and potential grantees proposing to serve
2 culturally specific communities; and
3 (6) ensure access to grants and technical assist-
4 ance for culturally specific organizations and analyze
5 the distribution of funding in order to identify bar-
6 riers for culturally specific organizations.
7 (b) QUALIFICATIONS.—The Deputy Assistant Attor-
8 ney General on Culturally Specific Communities shall be
9 an individual with—
10 (1) personal, lived, and work experience from a
11 culturally specific community; and
12 (2) a demonstrated history of and expertise in
13 addressing domestic violence or sexual assault in a
14 nongovernmental agency.
15 (c) INITIAL APPOINTMENT.—Not later than 120 days
16 after the date of enactment of this Act, the Director of
17 the Office of Justice Programs shall appoint an individual
18 as Deputy Assistant Attorney General on Culturally Spe-
19 cific Communities.
20 SEC. 1314. TASK FORCE ON SEXUAL VIOLENCE IN EDU-
21 CATION.
22 (a) TASK FORCE ON SEXUAL VIOLENCE IN EDU-
23 CATION.—Not later than September 1, 2022, the Sec-
24 retary of Education, the Secretary of Health and Human
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1 interagency task force to be known as the ‘‘Task Force
2 on Sexual Violence in Education’’ that shall—
3 (1) provide pertinent information to the Sec-
4 retary of Education, the Attorney General, Congress,
5 and the public with respect to campus sexual vio-
6 lence prevention, investigations, and responses, in-
7 cluding the creation of consistent, public complaint
8 processes for violations of title IX of the Education
9 Amendments of 1972 (20 U.S.C. 1681 et seq.) and
10 section 485(f) of the Higher Education Act of 1965
11 (20 U.S.C. 1092(f));
12 (2) provide recommendations to educational in-
13 stitutions for establishing sexual assault prevention
14 and response teams;
15 (3) develop recommendations for educational in-
16 stitutions on providing survivor resources, including
17 health care, sexual assault kits, sexual assault nurse
18 examiners, culturally responsive and inclusive stand-
19 ards of care, trauma-informed services, and access to
20 confidential advocacy and support services;
21 (4) develop recommendations in conjunction
22 with student groups for best practices for responses
23 to and prevention of sexual violence and dating vio-
24 lence for educational institutions, taking into consid-
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1 (5) develop recommendations for educational in-
2 stitutions on sex education, as appropriate, training
3 for school staff, and various equitable discipline
4 models;
5 (6) develop recommendations on culturally re-
6 sponsive and inclusive approaches to supporting sur-
7 vivors, which include consideration of race, ethnicity,
8 national origin, religion, immigrant status, lesbian,
9 gay, bisexual, or transgender (commonly referred to
10 as ‘‘LGBT’’) status, ability, disability, socio-eco-
11 nomic status, exposure to trauma, and other
12 compounding factors;
13 (7) solicit periodic input from a diverse group
14 of survivors, trauma specialists, advocates from na-
15 tional, State, and local anti-sexual violence advocacy
16 organizations, institutions of higher education, and
17 other public stakeholders;
18 (8) assess the Department of Education’s abil-
19 ity under section 902 of the Education Amendments
20 of 1972 (20 U.S.C. 1682) to levy intermediate fines
21 for noncompliance with title IX of the Education
22 Amendments of 1972 (20 U.S.C. 1681 et seq.) and
23 the advisability of additional remedies for such non-
24 compliance, in addition to the remedies already
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1 (9) create a plan described in subsection (c).
2 (b) PERSONNEL DETAILS.—
3 (1) AUTHORITY TO DETAIL.—Notwithstanding
4 any other provision of law, the head of a component
5 of any Federal agency for which appropriations are
6 authorized under the Violence Against Women Act
7 of 1994 (34 U.S.C. 13925 et seq.), or any amend-
8 ments made by that Act, may detail an officer or
9 employee of such component to the Task Force on
10 Sexual Violence in Education or to the Secretary of
11 Education to assist the Task Force with the duties
12 described in subsection (a), as jointly agreed to by
13 the head of such component and the Task Force.
14 (2) TERMS OF DETAIL.—A personnel detail
15 made under paragraph (1) may be made—
16 (A) for a period of not more than 3 years;
17 and
18 (B) on a reimbursable or nonreimbursable
19 basis.
20 (c) ADDITIONAL PLAN.—Not later than 90 days after
21 the date on which the Task Force on Sexual Violence in
22 Education is established under subsection (a), the Task
23 Force shall submit to Congress recommendations for re-
24 cruiting, retaining, and training a highly-qualified work-
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1 out investigation of complaints alleging a violation of title
2 IX of the Education Amendments of 1972 (20 U.S.C.
3 1681 et seq.) or section 485(f) of the Higher Education
4 Act of 1965 (20 U.S.C. 1092(f)), and enforcement of such
5 title IX (20 U.S.C. 1681 et seq.) or such section 485(f)
6 (20 U.S.C. 1092(f)), with respect to sexual violence in
7 education, which shall include—
8 (1) an assessment to identify gaps or challenges
9 in carrying out such investigation and enforcement,
10 which may include surveying the current investiga-
11 tive workforce to solicit feedback on areas in need of
12 improvement;
13 (2) an examination of issues of recruiting, re-
14 tention, and the professional development of the cur-
15 rent investigative workforce, including the possibility
16 of providing retention bonuses or other forms of
17 compensation for the purpose of ensuring the De-
18 partment of Education has the capacity, in both per-
19 sonnel and skills, needed to properly perform its
20 mission and provide adequate oversight of edu-
21 cational institutions;
22 (3) an assessment of the benefits of outreach
23 and training with both law enforcement agencies and
24 educational institutions with respect to such work-
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1 (4) an examination of best practices for making
2 educational institutions aware of the most effective
3 campus sexual violence prevention, investigation, and
4 response practices and identifying areas where more
5 research should be conducted; and
6 (5) strategies for addressing such other matters
7 as the Secretary of Education considers necessary to
8 sexual violence prevention, investigation, and re-
9 sponses.
10 (d) ANNUAL REPORTING.—The Task Force on Sex-
11 ual Violence in Education shall submit to Congress, and
12 make publicly available, an annual report of its activities
13 and any update of the plan required under subsection (c),
14 including—
15 (1) the number of complaints received regard-
16 ing sexual violence at educational institutions;
17 (2) the number of open investigations of sexual
18 violence at educational institutions;
19 (3) the number of such complaints that contin-
20 ued to resolution;
21 (4) the number of such complaints resolved
22 using informal resolution;
23 (5) the average time to complete such an inves-
24 tigation;
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1 (6) the number of such investigations initiated
2 based on complaints; and
3 (7) the number of such investigations initiated
4 by the Department of Education.
5 (e) DEFINITIONS.—In this section:
6 (1) EDUCATIONAL INSTITUTION.—The term
7 ‘‘educational institution’’ includes an institution of
8 higher education, an elementary school, or a sec-
9 ondary school.
10 (2) ELEMENTARY SCHOOL; SECONDARY
11 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-
12 ondary school’’ have the meanings given the terms
13 in section 9101 of the Elementary and Secondary
14 Education Act of 1965 (20 U.S.C. 7801).
15 (3) INSTITUTION OF HIGHER EDUCATION.—The
16 term ‘‘institution of higher education’’ has the
17 meaning given the term in section 102 of the Higher
18 Education Act of 1965 (20 U.S.C. 1002).
19 SEC. 1315. BREE’S LAW.
20 (a) SHORT TITLE.—This section may be cited as
21 ‘‘Bree’s Law’’.
22 (b) TEEN DATING VIOLENCE PREVENTION.—Section
23 1708 of the Public Health Service Act (42 U.S.C. 300u-
24 7) is amended—
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1 (1) by striking subsection (c) and inserting the
2 following:
3 ‘‘(c) CERTAIN DEMONSTRATION PROJECTS.—
4 ‘‘(1) IN GENERAL.—In carrying out subsection
5 (b)(3), the Secretary may make grants to carry out
6 demonstration projects for the purpose of improving
7 adolescent health, including—
8 ‘‘(A) projects to train health care providers
9 in providing services to adolescents; and
10 ‘‘(B) projects to reduce the incidence of vi-
11 olence among adolescents, particularly violence
12 related to teen dating, which shall include
13 projects to develop and implement educational
14 program to increase abuse awareness and pre-
15 vention.
16 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—
17 For the purpose of carrying out paragraph (1), there
18 are authorized to be appropriated $8,000,000 for
19 each of fiscal years 2023 through 2027.’’; and
20 (2) by adding at the end the following:
21 ‘‘(g) INTERAGENCY WORK GROUP.—
22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
23 tablish the Federal Interagency Work Group on
24 Teen Dating Violence (referred to in this section as
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1 ‘‘(2) IN GENERAL.—
2 ‘‘(A) COMPOSITION.—Not later than 120
3 days after the date of enactment of Bree’s Law,
4 the Secretary shall appoint representatives to
5 the Work Group from the Administration for
6 Children and Families, the Centers for Disease
7 Control and Prevention, the Health Resources
8 and Services Administration, the Department of
9 Education, the Department of Justice, and
10 other Federal agencies as determined appro-
11 priate by the Secretary.
12 ‘‘(B) CONSULTATION.—The Work Group
13 shall consult with—
14 ‘‘(i) experts at the State, Tribal, and
15 local levels with relevant backgrounds in
16 reducing and preventing the incidence of
17 teen dating violence;
18 ‘‘(ii) victims of teen dating violence;
19 and
20 ‘‘(iii) family members of teens who
21 were killed by a dating partner.
22 ‘‘(3) DUTIES.—The Work Group shall—
23 ‘‘(A) examine all Federal efforts directed
24 towards reducing and preventing teen dating vi-
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1 ‘‘(B) identify strategies, resources, and
2 supports to improve State, Tribal, and local re-
3 sponses to the incidence of teen dating violence;
4 ‘‘(C) make recommendations to Congress
5 for improving Federal programs and efforts and
6 coordination across such programs and efforts
7 to reduce and prevent teen dating violence; and
8 ‘‘(D) make recommendations for educating
9 middle and high school students on teen dating
10 violence.
11 ‘‘(4) ANNUAL REPORT TO SECRETARY.—The
12 Work Group shall annually prepare and submit to
13 the Secretary, the Committee on Health, Education,
14 Labor, and Pensions of the Senate, and the Com-
15 mittee on Education and Labor of the House of
16 Representatives, a report on the activities carried
17 out by the Work Group under subsection (c), includ-
18 ing recommendations to reduce and prevent teen
19 dating violence.’’.
20 SEC. 1316. FAIRNESS FOR RAPE KIT BACKLOG SURVIVORS
21 ACT OF 2022.
22 (a) SHORT TITLE.—This section may be cited as the
23 ‘‘Fairness for Rape Kit Backlog Survivors Act of 2022’’.
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1 (b) CRIME VICTIM COMPENSATION.—Section
2 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C.
3 20102(b)) is amended—
4 (1) in paragraph (8), by striking ‘‘and’’ at the
5 end;
6 (2) by redesignating paragraph (9) as para-
7 graph (10); and
8 (3) by inserting after paragraph (8) the fol-
9 lowing:
10 ‘‘(9) beginning not later than 3 years after the
11 date of enactment of this paragraph, such pro-
12 gram—
13 ‘‘(A) provides a waiver for any application
14 filing deadline imposed by the program for a
15 crime victim if—
16 ‘‘(i) the crime victim is otherwise eligi-
17 ble for compensation; and
18 ‘‘(ii) the delay in filing the application
19 was a result of a delay in the testing of,
20 or a delay in the DNA profile matching
21 from, a sexual assault forensic examination
22 kit or biological material collected as evi-
23 dence related to a sexual offense; and
24 ‘‘(B) does not require the crime victim to
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1 tion of the crime victim considered for a filing
2 deadline waiver under subparagraph (A); and’’.
3 SEC. 1317. STUDY RELATING TO STATE ACTIONS TO PRO-
4 HIBIT AIDING AND ABETTING SEXUAL MIS-
5 CONDUCT IN SCHOOLS.
6 Not later than 30 days after the date of enactment
7 of this Act, the Secretary of Education shall publish in
8 the Federal Register the findings of the Department of
9 Education’s study, as described in the notice published in
10 the Federal Register entitled ‘‘Agency Information Collec-
11 tion Activities; Comment Request; Study of State Policies
12 to Prohibit Aiding and Abetting Sexual Misconduct in
13 Schools’’ (84 Fed. Reg. 57708 (October 28, 2019)), re-
14 viewing State actions to prohibit, in accordance with sec-
15 tion 8546 of the Elementary and Secondary Education
16 Act of 1965 (20 U.S.C. 7926), the aiding and abetting
17 of sexual misconduct in schools.
18 SEC. 1318. SUPPORTING ACCESS TO NURSE EXAMS ACT.
19 (a) SHORT TITLE.—This section may be cited as the
20 ‘‘Supporting Access to Nurse Exams Act’’ or the ‘‘SANE
21 Act’’.
22 (b) DEFINITIONS.—Section 304 of the DNA Sexual
23 Assault Justice Act of 2004 (34 U.S.C. 40723) is amend-
24 ed by striking subsections (a), (b), and (c) and inserting
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1 ‘‘(a) DEFINITIONS.—In this section:
2 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
3 tity’ includes—
4 ‘‘(A) a Tribal government or hospital;
5 ‘‘(B) a sexual assault examination pro-
6 gram, including—
7 ‘‘(i) a SANE program;
8 ‘‘(ii) a SAFE program;
9 ‘‘(iii) a SART program;
10 ‘‘(iv) medical personnel, including a
11 doctor or nurse, involved in treating vic-
12 tims of sexual assault; and
13 ‘‘(v) a victim service provider involved
14 in treating victims of sexual assault;
15 ‘‘(C) a State sexual assault coalition;
16 ‘‘(D) a health care facility, including a hos-
17 pital that provides sexual assault forensic ex-
18 aminations by a qualified or certified SANE or
19 SAFE;
20 ‘‘(E) a sexual assault examination program
21 that provides SANE or SAFE training; and
22 ‘‘(F) a community-based program that pro-
23 vides sexual assault forensic examinations, in-
24 cluding pediatric forensic exams in a multidisci-
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1 SANE or SAFE outside of a traditional health
2 care setting.
3 ‘‘(2) HEALTH CARE FACILITY.—The term
4 ‘health care facility’ means any State, local, Tribal,
5 community, free, nonprofit, academic, or private
6 medical facility, including a hospital, that provides
7 emergency medical care to patients.
8 ‘‘(3) MEDICAL FORENSIC EXAMINATION;
9 MFE.—The term ‘medical forensic examination’ or
10 ‘MFE’ means an examination of a sexual assault pa-
11 tient by a health care provider, who has specialized
12 education and clinical experience in the collection of
13 forensic evidence and treatment of these patients,
14 which includes—
15 ‘‘(A) gathering information from the pa-
16 tient for the medical forensic history;
17 ‘‘(B) an examination;
18 ‘‘(C) coordinating treatment of injuries,
19 documentation of biological and physical find-
20 ings, and collection of evidence from the pa-
21 tient;
22 ‘‘(D) documentation of findings;
23 ‘‘(E) providing information, treatment, and
24 referrals for sexually transmitted infections,
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1 stance abuse, and other non-acute medical con-
2 cerns; and
3 ‘‘(F) providing follow-up as needed to pro-
4 vide additional healing, treatment, or collection
5 of evidence.
6 ‘‘(4) PEDIATRIC SANE AND SAFE.—The term
7 ‘pediatric SANE and SAFE’ means a SANE or
8 SAFE who is trained to conduct sexual assault fo-
9 rensic examinations on children and youth between
10 the ages of 0 and 18.
11 ‘‘(5) QUALIFIED PERSONNEL.—The term
12 ‘qualified personnel’ includes a registered or ad-
13 vanced practice nurse, physician, doctor of osteop-
14 athy, or physician assistant who has specialized
15 training conducting medical forensic examinations.
16 ‘‘(6) QUALIFIED SANE AND SAFE TRAINING
17 PROGRAM.—The term ‘qualified SANE and SAFE
18 training program’ means a program that—
19 ‘‘(A) is qualified to prepare current and fu-
20 ture sexual assault nurse examiners to be pro-
21 fession-ready and meet the applicable State and
22 National certification and licensure require-
23 ments, through didactic, clinical, preceptor, or
24 capstone programs that include longer-term
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1 ‘‘(B) provides that preparation under a
2 health care model that uses trauma-informed
3 techniques; and
4 ‘‘(C) is approved as meeting the most re-
5 cent National Training Standards for Sexual
6 Assault Medical Forensic Examiners.
7 ‘‘(7) RURAL AREA.—The term ‘rural area’ has
8 the meaning given the term in section 40002 of the
9 Violence Against Women Act of 1994 (34 U.S.C.
10 12291).
11 ‘‘(8) SECRETARY.—The term ‘Secretary’ means
12 the Secretary of Health and Human Services.
13 ‘‘(9) SEXUAL ASSAULT.—The term ‘sexual as-
14 sault’ means any nonconsensual sexual act or sexual
15 contact proscribed by Federal, Tribal, or State law,
16 including when the individual lacks capacity to con-
17 sent.
18 ‘‘(10) SEXUAL ASSAULT FORENSIC EXAMINER;
19 SAFE.—The term ‘sexual assault forensic examiner’
20 or ‘SAFE’ means an individual who has specialized
21 forensic training in treating sexual assault survivors
22 and conducting medical forensic examinations.
23 ‘‘(11) SEXUAL ASSAULT FORENSIC EXAMINA-
24 TION.—The term ‘sexual assault forensic examina-
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1 tient by a health care provider, who has specialized
2 education and clinical experience in the collection of
3 forensic evidence and treatment of these patients,
4 which includes—
5 ‘‘(A) gathering information from the pa-
6 tient for the medical forensic history;
7 ‘‘(B) an examination;
8 ‘‘(C) coordinating treatment of injuries,
9 documentation of biological and physical find-
10 ings, and collection of evidence from the pa-
11 tient;
12 ‘‘(D) documentation of findings;
13 ‘‘(E) providing information, treatment, and
14 referrals for sexually transmitted infections,
15 pregnancy, suicidal ideation, alcohol and sub-
16 stance abuse, and other non-acute medical con-
17 cerns; and
18 ‘‘(F) providing follow-up as needed to pro-
19 vide additional healing, treatment, or collection
20 of evidence.
21 ‘‘(12) SEXUAL ASSAULT NURSE EXAMINER;
22 SANE.—The term ‘sexual assault nurse examiner’ or
23 ‘SANE’ means a registered or advanced practice
24 nurse who has specialized training conducting med-
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1 ‘‘(13) SEXUAL ASSAULT RESPONSE TEAM;
2 SART.—The term ‘sexual assault response team’ or
3 ‘SART’ means a multidisciplinary team that—
4 ‘‘(A) provides a specialized and immediate
5 response to survivors of sexual assault; and
6 ‘‘(B) may include health care personnel,
7 law enforcement representatives, community-
8 based survivor advocates, prosecutors, and fo-
9 rensic scientists.
10 ‘‘(14) STATE.—The term ‘State’ means any
11 State of the United States, the District of Columbia,
12 and any territory or possession of the United States.
13 ‘‘(15) TRAUMA-INFORMED.—The term ‘trauma-
14 informed’ means, with respect to services or train-
15 ing, services or training that—
16 ‘‘(A) use a patient-centered approach to
17 providing services or care;
18 ‘‘(B) promote the dignity, strength, and
19 empowerment of patients who have experienced
20 trauma; and
21 ‘‘(C) incorporate evidence-based practices
22 based on knowledge about the impact of trauma
23 on patients’ lives.
24 ‘‘(16) UNDERSERVED POPULATIONS.—The
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1 given the term in section 40002 of the Violence
2 Against Women Act of 1994 (34 U.S.C. 12291).’’.
3 (c) SEXUAL ASSAULT NURSE EXAMINER GRANTS.—
4 Section 304 of the DNA Sexual Assault Justice Act of
5 2004 (34 U.S.C. 40723) is amended by inserting after
6 subsection (a), as amended by subsection (b) of this sec-
7 tion, the following:
8 ‘‘(b) SEXUAL ASSAULT NURSE EXAMINER TRAINING
9 PROGRAM GRANTS.—
10 ‘‘(1) AUTHORIZATION FOR GRANTS.—The At-
11 torney General, in consultation with the Secretary,
12 shall make grants to eligible entities for the fol-
13 lowing purposes:
14 ‘‘(A) To establish qualified regional SANE
15 training programs—
16 ‘‘(i) to provide clinical education for
17 SANE students;
18 ‘‘(ii) to provide salaries for full and
19 part-time SANE instructors, including
20 those specializing in pediatrics and work-
21 ing in a multidisciplinary team setting, to
22 help with the clinical training of SANEs;
23 and
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1 ‘‘(iii) to provide access to simulation
2 laboratories and other resources necessary
3 for clinical education.
4 ‘‘(B) To provide full and part time salaries
5 for SANEs and SAFEs, including pediatric
6 SANEs and SAFEs.
7 ‘‘(C) To increase access to SANEs and
8 SAFEs by otherwise providing training, edu-
9 cation, or technical assistance relating to the
10 collection, preservation, analysis, and use of
11 DNA samples and DNA evidence by SANEs,
12 SAFEs, and other qualified personnel.
13 ‘‘(2) PREFERENCE FOR GRANTS.—In reviewing
14 applications for grants under this section, the Attor-
15 ney General shall give preference to any eligible enti-
16 ty that certifies in the grant application that the en-
17 tity will coordinate with a rape crisis center or the
18 State sexual assault coalition to facilitate sexual as-
19 sault advocacy to support sexual assault survivors
20 and use the grant funds to—
21 ‘‘(A) establish qualified SANE training
22 programs in localities with a high volume of fo-
23 rensic trauma cases, including adult and child
24 sexual assault, domestic violence, elder abuse,
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1 ‘‘(B) increase the local and regional avail-
2 ability of full and part time sexual assault
3 nurse examiners in a rural area, Tribal area, an
4 area with a health professional shortage, or for
5 an underserved population, including efforts to
6 provide culturally competent services; or
7 ‘‘(C) establish or sustain sexual assault
8 mobile teams or units or otherwise enhance
9 SANE and SAFE access through telehealth.’’.
10 (d) DIRECTIVE.—Section 304 of the DNA Sexual As-
11 sault Justice Act of 2004 (34 U.S.C. 40723) is amend-
12 ed—
13 (1) by redesignating subsection (d) as sub-
14 section (e); and
15 (2) by inserting after subsection (b), as added
16 by subsection (c) of this section, the following:
17 ‘‘(c) DIRECTIVE TO THE ATTORNEY GENERAL.—
18 ‘‘(1) IN GENERAL.—Not later than the begin-
19 ning of fiscal year 2022, the Attorney General shall
20 coordinate with the Secretary to inform health care
21 facilities, including Federally qualified health centers
22 and hospitals, colleges and universities, and other
23 appropriate health-related entities about—
24 ‘‘(A) the availability of grant funding
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1 ‘‘(B) the role of sexual assault nurse exam-
2 iners, both adult and pediatric, and available
3 resources of the Department of Justice and the
4 Department of Health and Human Services to
5 train or employ sexual assault nurses examiners
6 to address the needs of communities dealing
7 with sexual assault, domestic violence, sex traf-
8 ficking, elder abuse, strangulation, and, in par-
9 ticular, the need for pediatric SANEs, including
10 such nurse examiners working in the multidisci-
11 plinary setting, in responding to abuse of both
12 children and adolescents.
13 ‘‘(2) REQUIREMENT.—In carrying out para-
14 graph (1), the Attorney General shall collaborate
15 with nongovernmental organizations representing
16 SANEs.
17 ‘‘(d) PUBLIC INFORMATION ON ACCESS TO SEXUAL
18 ASSAULT FORENSIC EXAMINATIONS.—
19 ‘‘(1) IN GENERAL.—Not later than 2 years
20 after the date of enactment of the Supporting Access
21 to Nurse Exams Act, the Attorney General, in con-
22 sultation with the Secretary, shall establish, and up-
23 date annually, a public website on the access to fo-
24 rensic nurse examiners.
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1 ‘‘(2) CONTENTS.—The website required under
2 paragraph (1) shall with specificity describe, by
3 State—
4 ‘‘(A) funding opportunities for SANE
5 training and continuing education; and
6 ‘‘(B) the availability of sexual assault ad-
7 vocates at locations providing sexual assault fo-
8 rensic exams.
9 ‘‘(3) REPORT TO CONGRESS.—Not later than 4
10 years after the date of enactment of the Supporting
11 Access to Nurse Exams Act, the Attorney General,
12 in consultation with the Secretary, shall submit to
13 the Committee on the Judiciary of the Senate, the
14 Committee on Health, Education, Labor, and Pen-
15 sions of the Senate, the Committee on the Judiciary
16 of the House of Representatives, and the Committee
17 on Energy and Commerce of the House of Rep-
18 resentatives a report on—
19 ‘‘(A) the availability of, and patient access
20 to, trained SANEs and other providers who
21 perform MFEs or sexual assault forensic exami-
22 nations;
23 ‘‘(B) the health care facilities, including
24 hospitals or clinics, that offer SANEs and sex-
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1 each health care facility, including a hospital or
2 clinic, has full-time, part-time, or on-call cov-
3 erage;
4 ‘‘(C) regional, provider, or other barriers
5 to access for SANE care and services, including
6 MFEs and sexual assault forensic examinations;
7 ‘‘(D) State requirements, minimum stand-
8 ards, and protocols for training SANEs, includ-
9 ing trauma-informed and culturally competent
10 training standards;
11 ‘‘(E) State requirements, minimum stand-
12 ards, and protocols for training emergency serv-
13 ices personnel involved in MFEs and sexual as-
14 sault forensic examinations;
15 ‘‘(F) the availability of sexual assault
16 nurse examiner training, frequency of when
17 training is convened, the providers of such
18 training, the State’s role in such training, and
19 what process or procedures are in place for con-
20 tinuing education of such examiners;
21 ‘‘(G) the dedicated Federal and State
22 funding to support SANE training;
23 ‘‘(H) funding opportunities for SANE
24 training and continuing education;
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1 ‘‘(I) the availability of sexual assault advo-
2 cates at locations providing MFEs and sexual
3 assault forensic exams; and
4 ‘‘(J) the total annual cost of conducting
5 sexual assault forensic exams described in sec-
6 tion 2010(b) of title I of the Omnibus Crime
7 Control and Safe Streets Act of 1968 (34
8 U.S.C. 10449(b)).’’.
9 (e) AUTHORIZATION OF APPROPRIATIONS.—Sub-
10 section (e) of section 304 of the DNA Sexual Assault Jus-
11 tice Act of 2004 (34 U.S.C. 40723), as redesignated by
12 subsection (d) of this section, is amended to read as fol-
13 lows:
14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
15 are authorized to be appropriated $30,000,000 for each
16 of fiscal years 2023 through 2027 to carry out this sec-
17 tion.’’.
18 TITLE XIV—CYBERCRIME
19 ENFORCEMENT
20 SEC. 1401. LOCAL LAW ENFORCEMENT GRANTS FOR EN-
21 FORCEMENT OF CYBERCRIMES.
22 (a) DEFINITIONS.—In this section:
23 (1) COMPUTER.—The term ‘‘computer’’ in-
24 cludes a computer network and an interactive elec-
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1 (2) CYBERCRIME AGAINST INDIVIDUALS.—The
2 term ‘‘cybercrime against individuals’’—
3 (A) means a criminal offense applicable in
4 the area under the jurisdiction of the relevant
5 State, Indian Tribe, or unit of local government
6 that involves the use of a computer to harass,
7 threaten, stalk, extort, coerce, cause fear to, or
8 intimidate an individual, or without consent dis-
9 tribute intimate images of an adult, except that
10 use of a computer need not be an element of
11 such an offense; and
12 (B) does not include the use of a computer
13 to cause harm to a commercial entity, govern-
14 ment agency, or non-natural person.
15 (3) INDIAN TRIBE; STATE; TRIBAL GOVERN-
16 MENT; UNIT OF LOCAL GOVERNMENT.—The terms
17 ‘‘Indian Tribe’’, ‘‘State’’, ‘‘Tribal government’’, and
18 ‘‘unit of local government’’ have the meanings given
19 such terms in section 40002(a) of the Violence
20 Against Women Act of 1994 (34 U.S.C. 12291(a)),
21 as amended by this Act.
22 (b) AUTHORIZATION OF GRANT PROGRAM.—Subject
23 to the availability of appropriations, the Attorney General
24 shall award grants under this section to States, Indian
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1 enforcement, and prosecution of cybercrimes against indi-
2 viduals.
3 (c) APPLICATION.—
4 (1) IN GENERAL.—To request a grant under
5 this section, the chief executive officer of a State,
6 Tribal government, or unit of local government shall
7 submit an application to the Attorney General not
8 later than 90 days after the date on which funds to
9 carry out this section are appropriated for a fiscal
10 year, in such form as the Attorney General may re-
11 quire.
12 (2) CONTENTS.—An application submitted
13 under paragraph (1) shall include the following:
14 (A) A certification that Federal funds
15 made available under this section will not be
16 used to supplant State, Tribal, or local funds,
17 but will be used to increase the amounts of
18 such funds that would, in the absence of Fed-
19 eral funds, be made available for law enforce-
20 ment activities.
21 (B) An assurance that, not later than 30
22 days before the application (or any amendment
23 to the application) was submitted to the Attor-
24 ney General, the application (or amendment)
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1 of the State, Tribe, or unit of local government
2 (or to an organization designated by that gov-
3 erning body).
4 (C) An assurance that, before the applica-
5 tion (or any amendment to the application) was
6 submitted to the Attorney General—
7 (i) the application (or amendment)
8 was made public; and
9 (ii) an opportunity to comment on the
10 application (or amendment) was provided
11 to citizens, to neighborhood or community-
12 based organizations, and to victim service
13 providers, to the extent applicable law or
14 established procedure makes such an op-
15 portunity available;
16 (D) An assurance that, for each fiscal year
17 covered by an application, the applicant shall
18 maintain and report such data, records, and in-
19 formation (programmatic and financial) as the
20 Attorney General may reasonably require.
21 (E) A certification, made in a form accept-
22 able to the Attorney General and executed by
23 the chief executive officer of the applicant (or
24 by another officer of the applicant, if qualified
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1 under regulations promulgated by the Attorney
2 General), that—
3 (i) the programs to be funded by the
4 grant meet all the requirements of this sec-
5 tion;
6 (ii) all the information contained in
7 the application is correct;
8 (iii) there has been appropriate co-
9 ordination with affected agencies; and
10 (iv) the applicant will comply with all
11 provisions of this section and all other ap-
12 plicable Federal laws.
13 (F) A certification that the State, Tribe, or
14 in the case of a unit of local government, the
15 State in which the unit of local government is
16 located, has in effect criminal laws which pro-
17 hibit cybercrimes against individuals.
18 (G) A certification that any equipment de-
19 scribed in subsection (d)(8) purchased using
20 grant funds awarded under this section will be
21 used primarily for investigations and forensic
22 analysis of evidence in matters involving
23 cybercrimes against individuals.
24 (d) USE OF FUNDS.—Grants awarded under this sec-
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1 (1) training for State, Tribal, or local law en-
2 forcement personnel relating to cybercrimes against
3 individuals, including—
4 (A) training such personnel to identify and
5 protect victims of cybercrimes against individ-
6 uals, provided that the training is developed in
7 collaboration with victim service providers;
8 (B) training such personnel to utilize Fed-
9 eral, State, Tribal, local, and other resources to
10 assist victims of cybercrimes against individ-
11 uals;
12 (C) training such personnel to identify and
13 investigate cybercrimes against individuals;
14 (D) training such personnel to enforce and
15 utilize the laws that prohibit cybercrimes
16 against individuals;
17 (E) training such personnel to utilize tech-
18 nology to assist in the investigation of
19 cybercrimes against individuals and enforce-
20 ment of laws that prohibit such crimes; and
21 (F) the payment of overtime incurred as a
22 result of such training;
23 (2) training for State, Tribal, or local prosecu-
24 tors, judges, and judicial personnel relating to
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1 (A) training such personnel to identify, in-
2 vestigate, prosecute, or adjudicate cybercrimes
3 against individuals;
4 (B) training such personnel to utilize laws
5 that prohibit cybercrimes against individuals;
6 (C) training such personnel to utilize Fed-
7 eral, State, Tribal, local, and other resources to
8 assist victims of cybercrimes against individ-
9 uals; and
10 (D) training such personnel to utilize tech-
11 nology to assist in the prosecution or adjudica-
12 tion of acts of cybercrimes against individuals,
13 including the use of technology to protect vic-
14 tims of such crimes;
15 (3) training for State, Tribal, or local emer-
16 gency dispatch personnel relating to cybercrimes
17 against individuals, including—
18 (A) training such personnel to identify and
19 protect victims of cybercrimes against individ-
20 uals;
21 (B) training such personnel to utilize Fed-
22 eral, State, Tribal, local, and other resources to
23 assist victims of cybercrimes against individ-
24 uals;
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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, Tribal, or local law en-
7 forcement agencies in enforcing laws that prohibit
8 cybercrimes against individuals, including expenses
9 incurred in performing enforcement operations, such
10 as overtime payments;
11 (5) assistance to State, Tribal, or local law en-
12 forcement agencies in educating the public in order
13 to prevent, deter, and identify violations of laws that
14 prohibit cybercrimes against individuals;
15 (6) assistance to State, Tribal, or local law en-
16 forcement agencies to support the placement of vic-
17 tim assistants to serve as liaisons between victims of
18 cybercrimes against individuals and personnel of law
19 enforcement agencies;
20 (7) assistance to State, Tribal, or local law en-
21 forcement agencies to establish task forces that op-
22 erate solely to conduct investigations, forensic anal-
23 yses of evidence, and prosecutions in matters involv-
24 ing cybercrimes against individuals;
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1 (8) assistance to State, Tribal, or local law en-
2 forcement agencies and prosecutors in acquiring
3 computers, computer equipment, and other equip-
4 ment necessary to conduct investigations and foren-
5 sic analysis of evidence in matters involving
6 cybercrimes against individuals, including expenses
7 incurred in the training, maintenance, or acquisition
8 of technical updates necessary for the use of such
9 equipment for the duration of a reasonable period of
10 use of such equipment;
11 (9) assistance in the facilitation and promotion
12 of sharing, with State, Tribal, and local law enforce-
13 ment agencies and prosecutors, of the expertise and
14 information of Federal law enforcement agencies
15 about the investigation, analysis, and prosecution of
16 matters involving laws that prohibit cybercrimes
17 against individuals, including the use of multijuris-
18 dictional task forces; or
19 (10) assistance to State, Tribal, and local law
20 enforcement and prosecutors in processing interstate
21 extradition requests for violations of laws involving
22 cybercrimes against individuals, including expenses
23 incurred in the extradition of an offender from one
24 State to another.
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1 (e) REPORTS TO THE ATTORNEY GENERAL.—On the
2 date that is 1 year after the date on which a State, Indian
3 Tribe, or unit of local government receives a grant under
4 this section, and annually thereafter, the chief executive
5 officer of the State, Tribal government, or unit of local
6 government shall submit to the Attorney General a report
7 which contains—
8 (1) a summary of the activities carried out dur-
9 ing the previous year with any grant received under
10 this section by such State, Indian Tribe, or unit of
11 local government;
12 (2) an evaluation of the results of such activi-
13 ties; and
14 (3) such other information as the Attorney
15 General may reasonably require.
16 (f) REPORTS TO CONGRESS.—Not later than Novem-
17 ber 1 of each even-numbered fiscal year, the Attorney
18 General shall submit to the Committee on the Judiciary
19 of the House of Representatives and the Committee on
20 the Judiciary of the Senate a report that contains a com-
21 pilation of the information contained in the reports sub-
22 mitted under subsection (e).
23 (g) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be
2 appropriated to carry out this section $10,000,000
3 for each of fiscal years 2023 through 2027.
4 (2) LIMITATION.—Of the amount made avail-
5 able under paragraph (1) in any fiscal year, not
6 more than 5 percent may be used for evaluation,
7 monitoring, technical assistance, salaries, and ad-
8 ministrative expenses.
9 SEC. 1402. NATIONAL RESOURCE CENTER GRANT.
10 (a) DEFINITIONS.—In this section:
11 (1) CYBERCRIME AGAINST INDIVIDUALS.—The
12 term ‘‘cybercrime against individuals’’ has the mean-
13 ing given such term in section 1401.
14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
15 ty’’ means a nonprofit private organization that—
16 (A) focuses on cybercrimes against individ-
17 uals;
18 (B) provides documentation to the Attor-
19 ney General demonstrating experience working
20 directly on issues of cybercrimes against indi-
21 viduals; and
22 (C) includes on the organization’s advisory
23 board representatives who—
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1 (i) have a documented history of
2 working directly on issues of cybercrimes
3 against individuals;
4 (ii) have a history of working directly
5 with victims of cybercrimes against individ-
6 uals; and
7 (iii) are geographically and culturally
8 diverse.
9 (b) AUTHORIZATION OF GRANT PROGRAM.—Subject
10 to the availability of appropriations, the Attorney General
11 shall award a grant under this section to an eligible entity
12 for the purpose of the establishment and maintenance of
13 a National Resource Center on Cybercrimes Against Indi-
14 viduals to provide resource information, training, and
15 technical assistance to improve the capacity of individuals,
16 organizations, governmental entities, and communities to
17 prevent, enforce, and prosecute cybercrimes against indi-
18 viduals.
19 (c) APPLICATION.—
20 (1) IN GENERAL.—To request a grant under
21 this section, an eligible entity shall submit an appli-
22 cation to the Attorney General not later than 90
23 days after the date on which funds to carry out this
24 section are appropriated for fiscal year 2022 in such
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1 (2) CONTENTS.—An application submitted
2 under paragraph (1) shall include the following:
3 (A) An assurance that, for each fiscal year
4 covered by the application, the applicant will
5 maintain and report such data, records, and in-
6 formation (programmatic and financial) as the
7 Attorney General may reasonably require.
8 (B) A certification, made in a form accept-
9 able to the Attorney General, that—
10 (i) the programs funded by the grant
11 meet all the requirements of this section;
12 (ii) all the information contained in
13 the application is correct; and
14 (iii) the applicant will comply with all
15 provisions of this section and all other ap-
16 plicable Federal laws.
17 (d) USE OF FUNDS.—The eligible entity awarded a
18 grant under this section shall use such amounts for the
19 establishment and maintenance of a National Resource
20 Center on Cybercrimes Against Individuals, which shall—
21 (1) offer a comprehensive array of technical as-
22 sistance and training resources to Federal, State,
23 and local governmental agencies, community-based
24 organizations, and other professionals and interested
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1 parties related to cybercrimes against individuals, in-
2 cluding programs and research related to victims;
3 (2) maintain a resource library which shall col-
4 lect, prepare, analyze, and disseminate information
5 and statistics related to—
6 (A) the incidence of cybercrimes against
7 individuals;
8 (B) the enforcement and prosecution of
9 laws relating to cybercrimes against individuals;
10 and
11 (C) the provision of supportive services and
12 resources for victims, including victims from
13 underserved populations, of cybercrimes against
14 individuals; and
15 (3) conduct research related to—
16 (A) the causes of cybercrimes against indi-
17 viduals;
18 (B) the effect of cybercrimes against indi-
19 viduals on victims of such crimes; and
20 (C) model solutions to prevent or deter
21 cybercrimes against individuals or to enforce
22 the laws relating to cybercrimes against individ-
23 uals.
24 (e) DURATION OF GRANT.—
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1 (1) IN GENERAL.—A grant awarded under this
2 section shall be awarded for a period of 5 years.
3 (2) RENEWAL.—A grant under this section may
4 be renewed for additional 5-year periods if the At-
5 torney General determines that the funds made
6 available to the recipient were used in a manner de-
7 scribed in subsection (d), and if the recipient resub-
8 mits an application described in subsection (c) in
9 such form, and at such time, as the Attorney Gen-
10 eral may reasonably require.
11 (f) SUBGRANTS.—The eligible entity awarded a grant
12 under this section may make subgrants to other nonprofit
13 private organizations with relevant subject matter exper-
14 tise in order to establish and maintain the National Re-
15 source Center on Cybercrimes Against Individuals in ac-
16 cordance with subsection (d).
17 (g) REPORTS TO THE ATTORNEY GENERAL.—On the
18 date that is 1 year after the date on which an eligible enti-
19 ty receives a grant under this section, and annually there-
20 after for the duration of the grant period, the entity shall
21 submit to the Attorney General a report which contains—
22 (1) a summary of the activities carried out
23 under the grant program during the previous year;
24 (2) an evaluation of the results of such activi-
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1 (3) such other information as the Attorney
2 General may reasonably require.
3 (h) REPORTS TO CONGRESS.—Not later than Novem-
4 ber 1 of each even-numbered fiscal year, the Attorney
5 General shall submit to the Committee on the Judiciary
6 of the House of Representatives and the Committee on
7 the Judiciary of the Senate a report that contains a com-
8 pilation of the information contained in the reports sub-
9 mitted under subsection (g).
10 (i) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to carry out this section
12 $4,000,000 for each of fiscal years 2023 through 2027.
13 SEC. 1403. NATIONAL STRATEGY, CLASSIFICATION, AND RE-
14 PORTING ON CYBERCRIME.
15 (a) DEFINITIONS.—In this section:
16 (1) COMPUTER.—The term ‘‘computer’’ in-
17 cludes a computer network and any interactive elec-
18 tronic device.
19 (2) CYBERCRIME AGAINST INDIVIDUALS.—The
20 term ‘‘cybercrime against individuals’’ has the mean-
21 ing given the term in section 1401.
22 (b) NATIONAL STRATEGY.—The Attorney General
23 shall develop a national strategy to—
24 (1) reduce the incidence of cybercrimes against
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1 (2) coordinate investigations of cybercrimes
2 against individuals by Federal law enforcement
3 agencies;
4 (3) increase the number of Federal prosecutions
5 of cybercrimes against individuals; and
6 (4) develop an evaluation process that measures
7 rates of cybercrime victimization and prosecutorial
8 rates among Tribal and culturally specific commu-
9 nities.
10 (c) CLASSIFICATION OF CYBERCRIMES AGAINST IN-
11 DIVIDUALS FOR PURPOSES OF CRIME REPORTS.—In ac-
12 cordance with the authority of the Attorney General under
13 section 534 of title 28, United States Code, the Director
14 of the Federal Bureau of Investigation shall—
15 (1) design and create within the Uniform Crime
16 Reports a category for offenses that constitute
17 cybercrimes against individuals;
18 (2) to the extent feasible, within the category
19 established under paragraph (1), establish subcat-
20 egories for each type of cybercrime against individ-
21 uals that is an offense under Federal or State law;
22 (3) classify the category established under para-
23 graph (1) as a Part I crime in the Uniform Crime
24 Reports; and
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1 (4) classify each type of cybercrime against in-
2 dividuals that is an offense under Federal or State
3 law as a Group A offense for the purpose of the Na-
4 tional Incident-Based Reporting System.
5 (d) ANNUAL SUMMARY.—The Attorney General shall
6 publish an annual summary of the information reported
7 in the Uniform Crime Reports and the National Incident-
8 Based Reporting System relating to cybercrimes against
9 individuals, including an evaluation of the implementation
10 process for the national strategy developed under sub-
11 section (b) and outcome measurements on its impact on
12 Tribal and culturally specific communities.
13 TITLE XV—KEEPING CHILDREN
14 SAFE FROM FAMILY VIOLENCE
15 SEC. 1501. SHORT TITLE.
16 This title may be cited as the ‘‘Keeping Children Safe
17 From Family Violence Act’’ or ‘‘Kayden’s Law’’.
18 SEC. 1502. FINDINGS.
19 Congress finds the following:
20 (1) Approximately 1 in 15 children is exposed
21 to domestic violence each year.
22 (2) Most child abuse is perpetrated in the fam-
23 ily and by a parent. Intimate partner violence and
24 child abuse overlap in the same families at rates be-
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1 creases after a perpetrator of intimate partner vio-
2 lence separates from a domestic partner, even when
3 the perpetrator has not previously directly abused
4 the child. Children who have witnessed intimate
5 partner violence are approximately 4 times more
6 likely to experience direct child maltreatment than
7 children who have not witnessed intimate partner vi-
8 olence.
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. Data of the Department of Jus-
12 tice shows that family members are 49 percent, or
13 almost half, of the perpetrators of crimes against
14 child sex assault victims younger than 6 years of
15 age.
16 (4) Research suggests a child’s exposure to a
17 batterer is among the strongest indicators of risk of
18 incest victimization. One study found that female
19 children with fathers who are batterers of their
20 mothers were 6.5 times more likely to experience fa-
21 ther-daughter incest than female children who do
22 not have abusive fathers.
23 (5) Child abuse is a major public health issue
24 in the United States. Total lifetime financial costs
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1 child maltreatment, including child physical abuse,
2 sexual abuse, psychological abuse, and neglect, result
3 in $124,000,000,000 in annual costs to the economy
4 of the United States, or approximately 1 percent of
5 the gross domestic product of the United States.
6 (6) Empirical research indicates that courts
7 regularly discount allegations of child physical and
8 sexual abuse when those allegations are raised in
9 child custody cases. Courts believed less than 1⁄4 of
10 claims that a father has committed child physical or
11 sexual abuse. With respect to cases in which an al-
12 legedly abusive parent claimed the mother ‘‘alien-
13 ated’’ the child, courts believed only 1 out of 51
14 claims of sexual molestation by a father. Inde-
15 pendent research indicates that child sexual abuse
16 allegations are credible between 50 and 70 percent
17 of the time.
18 (7) Empirical research shows that alleged or
19 known abusive parents are often granted custody or
20 unprotected parenting time by courts. Approximately
21 13⁄ of parents alleged to have committed child abuse
22 took primary custody from the protective parent re-
23 porting the abuse, placing children at ongoing risk.
24 (8) Researchers have documented nearly 800
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1 mitted by a divorcing or separating parent. More
2 than 100 of these child murders are known to have
3 occurred after a court ordered the child to have con-
4 tact with the dangerous parent over the objection of
5 a safe parent or caregiver.
6 (9) Scientifically unsound theories that treat
7 abuse allegations of mothers as likely false attempts
8 to undermine fathers are frequently applied in fam-
9 ily court to minimize or deny reports of abuse of
10 parents and children. Many experts who testify
11 against abuse allegations lack expertise in the rel-
12 evant type of alleged abuse, relying instead on un-
13 sound and unproven theories.
14 (10) Judges presiding over custody cases involv-
15 ing allegations of child abuse, child sexual abuse,
16 and domestic violence are rarely required to receive
17 training on these subjects, and most States have not
18 established standards for such training.
19 SEC. 1503. PURPOSES.
20 The purposes of this title are to—
21 (1) increase the priority given to child safety in
22 any State court divorce, separation, visitation, pater-
23 nity, child support, civil protection order, or family
24 custody court proceeding affecting the custody and
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1 care of children, excluding child protective, abuse, or
2 neglect proceedings and juvenile justice proceedings;
3 (2) strengthen the abilities of courts to—
4 (A) recognize and adjudicate domestic vio-
5 lence and child abuse allegations based on valid,
6 admissible evidence; and
7 (B) enter orders that protect and minimize
8 the risk of harm to children; and
9 (3) ensure that professional personnel involved
10 in cases containing domestic violence or child abuse
11 allegations receive trauma-informed and culturally
12 appropriate training on the dynamics, signs, and im-
13 pact of domestic violence and child abuse, including
14 child sexual abuse.
15 SEC. 1504. INCREASED FUNDING FOR STOP GRANTS.
16 Section 2007 of title I of the Omnibus Crime Control
17 and Safe Streets Act of 1968 (34 U.S.C. 10446) is amend-
18 ed by adding at the end the following:
19 ‘‘(k) GRANT INCREASES FOR STATES WITH CERTAIN
20 CHILD CUSTODY PROCEEDING LAWS AND STANDARDS.—
21 ‘‘(1) DEFINITIONS.—In this subsection:
22 ‘‘(A) CHILD CUSTODY PROCEEDING.—The
23 term ‘child custody proceeding’—
24 ‘‘(i) means a private family court pro-
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1 respect to a child, involves the care or cus-
2 tody of the child in a private divorce, sepa-
3 ration, visitation, paternity, child support,
4 legal or physical custody, or civil protection
5 order proceeding between the parents of
6 the child; and
7 ‘‘(ii) does not include—
8 ‘‘(I) any child protective, abuse,
9 or neglect proceeding;
10 ‘‘(II) a juvenile justice pro-
11 ceeding; or
12 ‘‘(III) any child placement pro-
13 ceeding in which a State, local, or
14 Tribal government, a designee of such
15 a government, or any contracted child
16 welfare agency or child protective
17 services agency of such a government
18 is a party to the proceeding.
19 ‘‘(B) ELIGIBLE STATE.—The term ‘eligible
20 State’ means a State that—
21 ‘‘(i) receives a grant under subsection
22 (a); and
23 ‘‘(ii) has in effect—
24 ‘‘(I) each law described in para-
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1 ‘‘(II) the standards described in
2 paragraph (4); and
3 ‘‘(III) the training program de-
4 scribed in paragraph (5).
5 ‘‘(C) REUNIFICATION TREATMENT.—The
6 term ‘reunification treatment’ means a treat-
7 ment or therapy aimed at reuniting or reestab-
8 lishing a relationship between a child and an es-
9 tranged or rejected parent or other family mem-
10 ber of the child.
11 ‘‘(2) INCREASE.—
12 ‘‘(A) IN GENERAL.—The Attorney General
13 shall increase the amount of a grant awarded
14 under subsection (a) to an eligible State that
15 submits an application under paragraph (6) by
16 an amount that is not more than 10 percent of
17 the average of the total amount of funding pro-
18 vided to the State under subsection (a) under
19 the 3 most recent awards to the State.
20 ‘‘(B) TERM OF INCREASE.—An increase of
21 a grant under subparagraph (A) shall be for 1
22 fiscal year.
23 ‘‘(C) RENEWAL.—An eligible State that re-
24 ceives an increase under subparagraph (A) may
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1 crease at such time, in such manner, and con-
2 taining such information as the Attorney Gen-
3 eral may reasonably require.
4 ‘‘(D) LIMIT.—An eligible State may not
5 receive an increase under subparagraph (A) for
6 more than 4 fiscal years.
7 ‘‘(3) LAWS.—The laws described in this para-
8 graph are the following:
9 ‘‘(A) A law that ensures that, with respect
10 to a child custody proceeding in which a parent
11 has been alleged to have committed domestic vi-
12 olence or child abuse, including child sexual
13 abuse—
14 ‘‘(i) expert evidence from a court-ap-
15 pointed or outside professional relating to
16 the alleged abuse may be admitted only if
17 the professional possesses demonstrated
18 expertise and clinical experience in working
19 with victims of domestic violence or child
20 abuse, including child sexual abuse, that is
21 not solely of a forensic nature; and
22 ‘‘(ii) in making a finding regarding
23 any allegation of domestic violence or child
24 abuse, including child sexual abuse, in ad-
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1 dence, evidence of past sexual or physical
2 abuse committed by the accused parent
3 shall be considered, including—
4 ‘‘(I) any past or current protec-
5 tion or restraining orders against the
6 accused parent;
7 ‘‘(II) sexual violence abuse pro-
8 tection orders against the accused
9 parent;
10 ‘‘(III) arrests of the accused par-
11 ent for domestic violence, sexual vio-
12 lence, or child abuse; or
13 ‘‘(IV) convictions of the accused
14 parent for domestic violence, sexual
15 violence, or child abuse.
16 ‘‘(B) A law that ensures that, during a
17 child custody proceeding—
18 ‘‘(i) a court may not, solely in order
19 to improve a deficient relationship with the
20 other parent of a child, remove the child
21 from a parent or litigating party—
22 ‘‘(I) who is competent, protective,
23 and not physically or sexually abusive;
24 and
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1 ‘‘(II) with whom the child is
2 bonded or to whom the child is at-
3 tached;
4 ‘‘(ii) a court may not, solely in order
5 to improve a deficient relationship with the
6 other parent of a child, restrict contact be-
7 tween the child and a parent or litigating
8 party—
9 ‘‘(I) who is competent, protective,
10 and not physically or sexually abusive;
11 and
12 ‘‘(II) with whom the child is
13 bonded or to whom the child is at-
14 tached;
15 ‘‘(iii) a court may not order a reunifi-
16 cation treatment, unless there is generally
17 accepted and scientifically valid proof of
18 the safety, effectiveness, and therapeutic
19 value of the reunification treatment;
20 ‘‘(iv) a court may not order a reunifi-
21 cation treatment that is predicated on cut-
22 ting off a child from a parent with whom
23 the child is bonded or to whom the child is
24 attached; and
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1 ‘‘(v) any order to remediate the resist-
2 ance of a child to have contact with a vio-
3 lent or abusive parent primarily addresses
4 the behavior of that parent or the con-
5 tributions of that parent to the resistance
6 of the child before ordering the other par-
7 ent of the child to take steps to potentially
8 improve the relationship of the child with
9 the parent with whom the child resists con-
10 tact.
11 ‘‘(C) A law that requires judges and mag-
12 istrates who hear child custody proceedings and
13 other relevant court personnel involved in child
14 custody proceedings, including guardians ad
15 litem, best interest attorneys, counsel for chil-
16 dren, custody evaluators, masters, and medi-
17 ators to complete, with respect to the training
18 program described in paragraph (5)—
19 ‘‘(i) not less than 20 hours of initial
20 training; and
21 ‘‘(ii) not less than 15 hours of ongo-
22 ing training every 5 years.
23 ‘‘(4) UNIFORM REQUIRED STANDARDS.—The
24 standards described in this paragraph are uniform
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1 ‘‘(A) apply to any neutral professional ap-
2 pointed by a court during a child custody pro-
3 ceeding to express an opinion relating to abuse,
4 trauma, or the behaviors of victims and per-
5 petrators of abuse and trauma; and
6 ‘‘(B) require that a professional described
7 in subparagraph (A) possess demonstrated ex-
8 pertise and clinical experience in working with
9 victims of domestic violence or child abuse, in-
10 cluding child sexual abuse, that is not solely of
11 a forensic nature.
12 ‘‘(5) TRAINING AND EDUCATION PROGRAM.—
13 The training program described in this paragraph is
14 an ongoing training and education program that—
15 ‘‘(A) focuses solely on domestic and sexual
16 violence and child abuse, including—
17 ‘‘(i) child sexual abuse;
18 ‘‘(ii) physical abuse;
19 ‘‘(iii) emotional abuse;
20 ‘‘(iv) coercive control;
21 ‘‘(v) implicit and explicit bias, includ-
22 ing biases relating to parents with disabil-
23 ities;
24 ‘‘(vi) trauma;
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1 ‘‘(vii) long- and short-term impacts of
2 domestic violence and child abuse on chil-
3 dren; and
4 ‘‘(viii) victim and perpetrator behavior
5 patterns and relationship dynamics within
6 the cycle of violence;
7 ‘‘(B) is provided by—
8 ‘‘(i) a professional with substantial ex-
9 perience in assisting survivors of domestic
10 violence or child abuse, including a victim
11 service provider (as defined in section
12 40002 of the Violence Against Women Act
13 of 1994 (34 U.S.C. 12291)); and
14 ‘‘(ii) if possible, a survivor of domestic
15 violence or child physical or sexual abuse;
16 ‘‘(C) relies on evidence-based and peer-re-
17 viewed research by recognized experts in the
18 types of abuse described in subparagraph (A);
19 ‘‘(D) does not include theories, concepts,
20 or belief systems unsupported by the research
21 described in subparagraph (C); and
22 ‘‘(E) is designed to improve the ability of
23 courts to—
24 ‘‘(i) recognize and respond to child
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1 tic violence, and trauma in all family vic-
2 tims, particularly children; and
3 ‘‘(ii) make appropriate custody deci-
4 sions that—
5 ‘‘(I) prioritize child safety and
6 well-being; and
7 ‘‘(II) are culturally sensitive and
8 appropriate for diverse communities.
9 ‘‘(6) APPLICATION.—
10 ‘‘(A) IN GENERAL.—An eligible State de-
11 siring a grant increase under this subsection
12 shall submit an application to the Attorney
13 General at such time, in such manner, and con-
14 taining such information as the Attorney Gen-
15 eral may reasonably require.
16 ‘‘(B) CONTENTS.—An application sub-
17 mitted by an eligible State under subparagraph
18 (A) shall include information relating to—
19 ‘‘(i) the laws described paragraph (3);
20 ‘‘(ii) the standards described in para-
21 graph (4); and
22 ‘‘(iii) the training program described
23 in paragraph (5).
24 ‘‘(7) USE OF FUNDS.—An eligible State that re-
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1 use the total amount of the increase for the purposes
2 described in subparagraph (C) or (D) of subsection
3 (c)(4).
4 ‘‘(8) RULE OF CONSTRUCTION.—Nothing in
5 this subsection shall be interpreted as discouraging
6 States from adopting additional provisions to in-
7 crease safe outcomes for children. Additional protec-
8 tive provisions are encouraged.
9 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—
10 There are authorized to be appropriated to carry out
11 this subsection $5,000,000 for each of fiscal years
12 2023 through 2027.’’.
13 SEC. 1505. SEXUAL ASSAULT SURVIVORS’ RIGHTS.
14 Section 3772(a)(2) of title 18, United States Code,
15 is amended—
16 (1) in subparagraph (B), by striking ‘‘; and’’
17 and inserting a semicolon;
18 (2) in subparagraph (C), by striking the period
19 at the end and inserting ‘‘; and’’; and
20 (3) by adding at the end the following new sub-
21 paragraph:
22 ‘‘(D) be informed of the status and loca-
23 tion of a sexual assault evidence collection kit.’’.
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1 SEC. 1506. GRANTS TO STATE AND TRIBAL COURTS TO IM-
2 PLEMENT PROTECTION ORDER PILOT PRO-
3 GRAMS.
4 Part U of title I of the Omnibus Crime Control and
5 Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is
6 amended—
7 (1) by redesignating sections 2103, 2104, and
8 2105 as sections 2104, 2105, and 2106, respectively;
9 and
10 (2) by inserting after section 2102 the fol-
11 lowing:
12 ‘‘SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IM-
13 PLEMENT PROTECTION ORDER PILOT PRO-
14 GRAMS.
15 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
16 tion, the term ‘eligible entity’ means a State or Tribal
17 court that is part of a multidisciplinary partnership that
18 includes, to the extent practicable—
19 ‘‘(1) a State, Tribal, or local law enforcement
20 agency;
21 ‘‘(2) a State, Tribal, or local prosecutor’s office;
22 ‘‘(3) a victim service provider or State or Tribal
23 domestic violence coalition;
24 ‘‘(4) a provider of culturally specific services;
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25 ‘‘(5) a nonprofit program or government agency
26 with demonstrated experience in providing legal as-
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1 sistance or legal advice to victims of domestic vio-
2 lence and sexual assault;
3 ‘‘(6) the bar association of the applicable State
4 or Indian Tribe;
5 ‘‘(7) the State or Tribal association of court
6 clerks;
7 ‘‘(8) a State, Tribal, or local association of
8 criminal defense attorneys;
9 ‘‘(9) not fewer than 2 individuals with expertise
10 in the design and management of court case man-
11 agement systems and systems of integration;
12 ‘‘(10) not fewer than 2 State or Tribal court
13 judges with experience in—
14 ‘‘(A) the field of domestic violence; and
15 ‘‘(B) issuing protective orders; and
16 ‘‘(11) a judge assigned to the criminal docket of
17 the State or Tribal court.
18 ‘‘(b) GRANTS AUTHORIZED.—
19 ‘‘(1) IN GENERAL.—The Attorney General shall
20 make grants to eligible entities to carry out the ac-
21 tivities described in subsection (c) of this section.
22 ‘‘(2) NUMBER.—The Attorney General may
23 award not more than 10 grants under paragraph
24 (1).
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1 ‘‘(3) AMOUNT.—The amount of a grant award-
2 ed under paragraph (1) may be not more than
3 $1,500,000.
4 ‘‘(c) MANDATORY ACTIVITIES.—
5 ‘‘(1) IN GENERAL.—An eligible entity that re-
6 ceives a grant under this section shall use the grant
7 funds, in consultation with the partners of the eligi-
8 ble entity described in subsection (a), to—
9 ‘‘(A) develop and implement a program for
10 properly and legally serving protection orders
11 through electronic communication methods to—
12 ‘‘(i) modernize the service process and
13 make the process more effective and effi-
14 cient;
15 ‘‘(ii) provide for improved safety of
16 victims; and
17 ‘‘(iii) make protection orders enforce-
18 able as quickly as possible;
19 ‘‘(B) develop best practices relating to the
20 service of protection orders through electronic
21 communication methods;
22 ‘‘(C) ensure that the program developed
23 under subparagraph (A) complies with due
24 process requirements and any other procedures
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1 ‘‘(D) implement any technology necessary
2 to carry out the program developed under sub-
3 paragraph (A), such as technology to verify and
4 track the receipt of a protection order by the
5 intended party.
6 ‘‘(2) TIMELINE.—An eligible entity that re-
7 ceives a grant under this section shall—
8 ‘‘(A) implement the program required
9 under paragraph (1)(A) not later than 2 years
10 after the date on which the eligible entity re-
11 ceives the grant; and
12 ‘‘(B) carry out the program required under
13 paragraph (1)(A) for not fewer than 3 years.
14 ‘‘(d) DIVERSITY OF RECIPIENTS.—The Attorney
15 General shall award grants under this section to eligible
16 entities in a variety of areas and situations, including, to
17 the extent practicable—
18 ‘‘(1) a State court that serves a population of
19 not fewer than 1,000,000 individuals;
20 ‘‘(2) a State court that—
21 ‘‘(A) serves a State that is among the 7
22 States with the lowest population density in the
23 United States; and
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1 ‘‘(B) has a relatively low rate of successful
2 service with respect to protection orders, as de-
3 termined by the Attorney General;
4 ‘‘(3) a State court that—
5 ‘‘(A) serves a State that is among the 7
6 States with the highest population density in
7 the United States; and
8 ‘‘(B) has a relatively low rate of successful
9 service with respect to protection orders, as de-
10 termined by the Attorney General;
11 ‘‘(4) a court that uses an integrated, statewide
12 case management system;
13 ‘‘(5) a court that uses a standalone case man-
14 agement system;
15 ‘‘(6) a Tribal court; and
16 ‘‘(7) a court that primarily serves a culturally
17 specific and underserved population.
18 ‘‘(e) APPLICATION.—
19 ‘‘(1) IN GENERAL.—An eligible entity desiring a
20 grant under this section shall submit to the Attorney
21 General an application that includes—
22 ‘‘(A) a description of the process that the
23 eligible entity uses for service of protection or-
24 ders at the time of submission of the applica-
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1 ‘‘(B) to the extent practicable, statistics re-
2 lating to protection orders during the 3 cal-
3 endar years preceding the date of submission of
4 the application, including rates of—
5 ‘‘(i) successful service; and
6 ‘‘(ii) enforcement;
7 ‘‘(C) an initial list of the entities serving as
8 the partners of the eligible entity described in
9 subsection (a); and
10 ‘‘(D) any other information the Attorney
11 General may reasonably require.
12 ‘‘(2) NO OTHER APPLICATION REQUIRED.—An
13 eligible entity shall not be required to submit an ap-
14 plication under section 2102 to receive a grant
15 under this section.
16 ‘‘(f) REPORT TO ATTORNEY GENERAL.—
17 ‘‘(1) INITIAL REPORT.—Not later than 2 years
18 after the date on which an eligible entity receives a
19 grant under this section, the eligible entity shall sub-
20 mit to the Attorney General a report that details the
21 plan of the eligible entity for implementation of the
22 program under subsection (c).
23 ‘‘(2) SUBSEQUENT REPORTS.—
24 ‘‘(A) IN GENERAL.—Not later than 1 year
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1 ments a program under subsection (c), and not
2 later than 2 years thereafter, the eligible entity
3 shall submit to the Attorney General a report
4 that describes the program, including, with re-
5 spect to the program—
6 ‘‘(i) the viability;
7 ‘‘(ii) the cost;
8 ‘‘(iii) service statistics;
9 ‘‘(iv) the challenges;
10 ‘‘(v) an analysis of the technology
11 used to fulfill the goals of the program;
12 ‘‘(vi) an analysis of any legal or due
13 process issues resulting from the electronic
14 service method described in subsection
15 (c)(1)(A); and
16 ‘‘(vii) best practices for implementing
17 such a program in other similarly situated
18 locations.
19 ‘‘(B) CONTENTS OF FINAL REPORT.—An
20 eligible entity shall include in the second report
21 submitted under subparagraph (A) rec-
22 ommendations for—
23 ‘‘(i) future nationwide implementation
24 of the program implemented by the eligible
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1 ‘‘(ii) usage of electronic service, simi-
2 lar to the service used by the eligible enti-
3 ty, for other commonly used court orders,
4 including with respect to viability and cost.
5 ‘‘(g) NO REGULATIONS OR GUIDELINES RE-
6 QUIRED.—Notwithstanding section 2105, the Attorney
7 General shall not be required to publish regulations or
8 guidelines implementing this section.
9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
10 is authorized to be appropriated to carry out this section
11 $10,000,000 for fiscal years 2023 through 2027.’’.
12 SEC. 1507. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
13 (a) IN GENERAL.—The Secretary of Education, in
14 consultation with the Attorney General, the Director of
15 the Centers for Disease Control and Prevention, the Sec-
16 retary of Health and Human Services, and experts in do-
17 mestic violence, dating violence, sexual assault, sexual har-
18 assment, and stalking, shall develop, design, and make
19 available through a secure and accessible online portal, a
20 standardized online survey tool regarding postsecondary
21 student experiences with domestic violence, dating vio-
22 lence, sexual assault, sexual harassment, and stalking.
23 (b) DEVELOPMENT OF SURVEY TOOL.—In devel-
24 oping the survey tool required under subsection (a), the
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1 (1) use best practices from peer-reviewed re-
2 search measuring domestic violence, dating violence,
3 sexual assault, sexual harassment, and stalking;
4 (2) consult with the higher education commu-
5 nity, experts in survey research related to domestic
6 violence, dating violence, sexual assault, sexual har-
7 assment, and stalking, and organizations engaged in
8 the prevention of and response to, and advocacy on
9 behalf of victims of, domestic violence, dating vio-
10 lence, sexual assault, sexual harassment, and stalk-
11 ing, including victims from culturally specific popu-
12 lations and victims with disabilities, regarding the
13 development and design of such survey tool and the
14 methodology for administration of such survey tool;
15 and
16 (3) ensure that the survey tool is readily acces-
17 sible to and usable by individuals with disabilities.
18 (c) ELEMENTS.—
19 (1) IN GENERAL.—The survey tool developed
20 pursuant to this section shall be fair and unbiased,
21 be scientifically valid and reliable, meet the highest
22 standards of survey research, and notify the partici-
23 pant that anonymized results of the survey may be
24 published.
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1 (2) SURVEY QUESTIONS.—Survey questions in-
2 cluded in the survey tool developed pursuant to this
3 section shall—
4 (A) be designed to gather information on
5 student experiences with domestic violence, dat-
6 ing violence, sexual assault, sexual harassment,
7 and stalking, including the experiences of vic-
8 tims of such incidents;
9 (B) use trauma-informed language to pre-
10 vent re-traumatization; and
11 (C) include—
12 (i) questions that give students the
13 option to report their demographic infor-
14 mation;
15 (ii) questions designed to determine
16 the incidence and prevalence of domestic
17 violence, dating violence, sexual assault,
18 sexual harassment, and stalking;
19 (iii) questions regarding whether stu-
20 dents know about institutional policies and
21 procedures related to domestic violence,
22 dating violence, sexual assault, sexual har-
23 assment, and stalking;
24 (iv) questions designed to determine,
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1 ing violence, sexual assault, sexual harass-
2 ment, or stalking—
3 (I) to whom the incident was re-
4 ported and what response the victim
5 may have received;
6 (II) whether the victim was in-
7 formed of, or referred to, national,
8 State, local, Tribal, or on-campus re-
9 sources; and
10 (III) whether the entity to whom
11 the victim reported the incident con-
12 ducted an investigation and the dura-
13 tion and final resolution of such an
14 investigation;
15 (v) questions regarding contextual fac-
16 tors, such as whether force, incapacitation,
17 or coercion was involved;
18 (vi) questions to determine whether an
19 accused individual was a student at the in-
20 stitution;
21 (vii) questions to determine whether a
22 victim reported an incident to Federal,
23 State, local, Tribal, or campus law enforce-
24 ment;
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1 (viii) questions to determine why the
2 victim chose to report or not report an in-
3 cident to the institution or State, local, or
4 campus law enforcement;
5 (ix) questions to determine the impact
6 of domestic violence, dating violence, sex-
7 ual assault, sexual harassment, and stalk-
8 ing on the victim’s education, including di-
9 minished grades, dropped classes, leaves of
10 absence, and negative financial con-
11 sequences (such as costs associated with
12 loss in paid tuition due to leaves of ab-
13 sence, loss in scholarship awards due to di-
14 minished grades, loss of foreign-student
15 visas, and costs associated with counseling,
16 medical services, or housing changes);
17 (x) questions to determine the impact
18 and effectiveness of prevention and aware-
19 ness programs and complaints processes;
20 (xi) questions to determine attitudes
21 toward sexual violence and harassment, in-
22 cluding the willingness of individuals to in-
23 tervene as a bystander to sex-based (in-
24 cluding against lesbian, gay, bisexual, or
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1 ‘‘LGBT’’) individuals), race-based, na-
2 tional origin-based, and disability-based
3 discrimination, harassment, assault, do-
4 mestic violence, dating violence, sexual as-
5 sault, sexual harassment, and stalking; and
6 (xii) other questions, as determined by
7 the Secretary of Education.
8 (3) ADDITIONAL ELEMENTS.—In addition to
9 the standardized questions developed by the Sec-
10 retary of Education under paragraph (2), subject to
11 the review and approval of the Secretary of Edu-
12 cation, an institution of higher education may re-
13 quest additional information from students that
14 would increase the understanding of the institution
15 of school climate factors unique to the campuses af-
16 filiated with the institution.
17 (4) RESPONSES.—The responses to the survey
18 questions described in paragraph (2) shall—
19 (A) be submitted confidentially;
20 (B) not be included in crime statistics; and
21 (C) in the case of such responses being in-
22 cluded in a report, not include personally identi-
23 fiable information.
24 (d) ADMINISTRATION OF SURVEY.—
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1 (1) FEDERAL ADMINISTRATION.—The Sec-
2 retary of Education, in consultation with the Attor-
3 ney General, the Director of the Centers for Disease
4 Control and Prevention, and the Secretary of Health
5 and Human Services, shall develop a mechanism by
6 which institutions of higher education may, with re-
7 spect to the survey tool developed pursuant to this
8 section—
9 (A) administer such survey tool; and
10 (B) modify such survey tool to include ad-
11 ditional elements or requirements, as deter-
12 mined by the institution, subject to the review
13 and approval of the Secretary of Education.
14 (2) COSTS.—The Secretary of Education may
15 not require an institution of higher education to pay
16 to modify the survey tool in accordance with para-
17 graph (1)(B).
18 (3) ACCESSIBILITY.—The Secretary of Edu-
19 cation shall ensure that the survey tool is adminis-
20 tered in such a way as to be readily accessible to
21 and usable by individuals with disabilities.
22 (4) INSTITUTIONAL ADMINISTRATION.—Begin-
23 ning not later than 1 year after the date on which
24 the Secretary of Education makes available to insti-
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25 tutions the mechanism described in paragraph (1),
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1 and every 2 years thereafter, each institution of
2 higher education that receives Federal educational
3 assistance shall administer the survey tool developed
4 pursuant to this section.
5 (e) COMPLETED SURVEYS.—The Secretary of Edu-
6 cation shall require each institution of higher education
7 that administers the survey tool developed pursuant to this
8 section to ensure, to the maximum extent practicable, that
9 an adequate, random, and representative sample size of
10 students (as determined by the Secretary) enrolled at the
11 institution complete the survey tool developed pursuant to
12 this section.
13 (f) REPORT.—
14 (1) IN GENERAL.—Beginning not later than 2
15 years after the date of enactment of this Act, the
16 Secretary of Education shall—
17 (A) prepare a biennial report on the infor-
18 mation gained from the standardized elements
19 of the survey under this section and publish
20 such report in an accessible format on the
21 website of the Department of Education, in-
22 cluding as part of any online consumer tool of-
23 fered or supported by the Department of Edu-
24 cation that provides information to students re-
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1 tutions, such as the College Scorecard or any
2 successor or similar tool; and
3 (B) submit such report to Congress.
4 (2) INCLUSIONS AND EXCLUSIONS.—The report
5 required to be prepared under paragraph (1)—
6 (A) shall include campus-level data for
7 each institution and attributed by name of each
8 campus in a manner that permits comparisons
9 across institutions and campuses; and
10 (B) shall not publish any individual survey
11 responses.
12 (g) PUBLICATION.—Each institution of higher edu-
13 cation shall publish, in a manner that is readily accessible
14 and usable by individuals, including individuals with dis-
15 abilities—
16 (1) the campus-level results of the standardized
17 elements of the survey under this section on the
18 website of the institution and in the biennial report
19 required under subsection (f) for the campuses affili-
20 ated with the institution; and
21 (2) the campus-level results of the additional
22 elements modifying the survey by the institution, if
23 any, on the website of the institution.
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1 SEC. 1508. STUDY ON CHILD CUSTODY IN DOMESTIC VIO-
2 LENCE CASES.
3 The Attorney General, in consultation with the Sec-
4 retary of Health and Human Services, shall conduct a
5 study that shall—
6 (1) provide a review of State laws, regulations,
7 and practices on how child neglect and custody situ-
8 ations are handled in domestic violence situations;
9 and
10 (2) include a list of recommendations on how to
11 restructure State laws, regulations, and practices to
12 better protect victims of domestic violence and their
13 children.
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Calendar No. 268
117TH CONGRESS
2D SESSION S. 3623
S3623
A BILL
E:\BILLS\S3623.PCS
To reauthorize the Violence Against Women Act of
1994, and for other purposes.
FEBRUARY 10, 2022
Read the second time and placed on the calendar
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