Consideration of H.R. 1620, Violence Against Women Act Reauthorization Act of 2021 — Congressional Record
Summary
Page H1432 of the House section of the Congressional Record for March 17, 2021, from debate on H.R. 1620, the Violence Against Women Act Reauthorization. A Member calls up the bill under House Resolution 233, and the Clerk reads the text as amended, including a Title V on the healthcare systems response and a Title VI on safe homes with housing protections and transitional housing grants. A speaker says the bill was the product of collaboration among stakeholders and survivors, which is that speaker's view, while another opposes an amendment that national domestic violence organizations oppose. The page ends with the vote on passage of H.J. Res. 17.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consideration of H.R. 1620, Violence Against Women Act Reauthorization Act of 2021 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-17-crec-2021-03-17-pt1-pgh1432-db22448af1/
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H1432 CONGRESSIONAL RECORD — HOUSE March 17, 2021
dating violence and stalking, and we as a the bill (H.R. 1620) to reauthorize the TITLE V—STRENGTHENING THE
body are now called upon by survivors to re- Violence Against Women Act of 1994, HEALTHCARE SYSTEMS RESPONSE
authorize it. and for other purposes, and ask for its Sec. 501. Grants to strengthen the healthcare
It is important to note that H.R. 1620 did not immediate consideration. systems response to domestic vio-
happen on its own. The Clerk read the title of the bill. lence, dating violence, sexual as-
It was the product of a collaborative effort of The SPEAKER pro tempore. Pursu- sault, and stalking.
stakeholders, including victim advocates. ant to House Resolution 233, an amend- TITLE VI—SAFE HOMES FOR VICTIMS
It was the product of those willing to share ment in the nature of a substitute con- Sec. 601. Housing protections for victims of do-
their stories of the abuse suffered at the mestic violence, dating violence,
sisting of the text of Rules Committee
hands of those who were entrusted to love, sexual assault, and stalking.
Print 117–3, modified by the amend- Sec. 602. Ensuring compliance and implementa-
but instead harmed. ment printed in part A of House Report tion; prohibiting retaliation
The courage, strength, and resilience dis- 117–12, is adopted, and the bill, as against victims.
played by survivors has reminded all that we amended, is considered read. Sec. 603. Protecting the right to report crime
must continue to foster an environment for vic- The text of the bill, as amended, is as from one’s home.
tims of violence to come forward and expose follows: Sec. 604. Transitional housing assistance grants
episodes of violence against women. for victims of domestic violence,
H.R. 1620
Having listened to concerned stakeholders dating violence, sexual assault, or
Be it enacted by the Senate and House of Rep- stalking.
from all pockets of the country, we have put
resentatives of the United States of America in Sec. 605. Addressing the housing needs of vic-
pen to paper and produced a bill that is en- Congress assembled,
dorsed by the bipartisan National Task Force tims of domestic violence, dating
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. violence, sexual assault, and
to End Sexual and Domestic Violence (NTF), (a) SHORT TITLE.—This Act may be cited as stalking.
which is a national collaboration comprising a the ‘‘Violence Against Women Act Reauthoriza- Sec. 606. United States Housing Act of 1937
large and diverse group of 35 national, tribal, tion Act of 2021’’. amendments.
state, territorial, and local organizations, advo- (b) TABLE OF CONTENTS.—The table of con- TITLE VII—ECONOMIC SECURITY FOR
cates, and individuals that focus on the devel- tents for this Act is as follows: VICTIMS
opment, passage and implementation of effec- Sec. 1. Short title; table of contents. Sec. 701. Findings.
tive public policy to address domestic vio- Sec. 2. Universal definitions and grant condi- Sec. 702. National Resource Center on work-
lence, dating violence, sexual assault, and tions. place responses to assist victims of
Sec. 3. Agency and Department Coordination. domestic and sexual violence.
stalking. Sec. 4. Effective date.
This bill recognizes the urgency and dire Sec. 703. Provisions related to Unemployment
Sec. 5. Availability of funds.
need faced by the victims and survivors Compensation and the Temporary
Sec. 6. Sense of Congress.
throughout this country during a significant Assistance for Needy Families
TITLE I—ENHANCING LEGAL TOOLS TO Program.
moment of ongoing domestic violence caused COMBAT DOMESTIC VIOLENCE, DATING Sec. 704. Study and reports on barriers to sur-
by this pandemic and experienced by both VIOLENCE, SEXUAL ASSAULT, AND vivors’ economic security access.
women and men. STALKING Sec. 705. GAO Study.
The love for a spouse, the comfort of a Sec. 101. Stop grants. Sec. 706. Education and information programs
mother and the best wishes for a sister know Sec. 102. Grants to encourage improvements for survivors.
no political allegiance. and alternatives to the criminal Sec. 707. Severability.
I am determined to work with my colleagues justice response. TITLE VIII—HOMICIDE REDUCTION
and others to complete the mission I accepted Sec. 103. Legal assistance for victims. INITIATIVES
Sec. 104. Grants to support families in the jus-
in the 115th Congress when the House Sec. 801. Prohibiting persons convicted of mis-
tice system.
passed the VAWA legislation I authored, H.R. demeanor crimes against dating
Sec. 105. Outreach and services to underserved
1585, the Violence Against Women Reauthor- partners and persons subject to
populations grants.
ization Act of 2018, all the way this time Sec. 106. Criminal provisions. protection orders.
Sec. 107. Rape survivor child custody. Sec. 802. Prohibiting stalkers and individuals
through passage by the Senate and to pre- subject to court order from pos-
sentment for signature to President Biden, a Sec. 108. Enhancing culturally specific services
for victims of domestic violence, sessing a firearm.
strong supporter of the bill and the original TITLE IX—SAFETY FOR INDIAN WOMEN
dating violence, sexual assault,
creator of VAWA. and stalking. Sec. 901. Findings and purposes.
The SPEAKER pro tempore (Ms. Sec. 109. Grants for lethality assessment pro- Sec. 902. Authorizing funding for the Tribal ac-
SPANBERGER). All time for debate has grams. cess program.
expired. TITLE II—IMPROVING SERVICES FOR Sec. 903. Tribal jurisdiction over covered crimes
Pursuant to Resolution 233, the pre- VICTIMS of domestic violence, dating vio-
vious question is ordered. Sec. 201. Sexual assault services program.
lence, obstruction of justice, sex-
The question is on the engrossment Sec. 202. Sexual Assault Services Program. ual violence, sex trafficking,
and third reading of the joint resolu- Sec. 203. Rural domestic violence, dating vio- stalking, and assault of a law en-
tion. lence, sexual assault, stalking, forcement officer or corrections of-
The joint resolution was ordered to and child abuse enforcement as- ficer.
be engrossed and read a third time, and sistance program. TITLE X—OFFICE ON VIOLENCE AGAINST
was read the third time. Sec. 204. Grants for training and services to end WOMEN
The SPEAKER pro tempore. The violence against people with dis- Sec. 1001. Establishment of Office on Violence
question is on the passage of the joint abilities and Deaf people. Against Women.
Sec. 205. Training and services to end abuse in Sec. 1002. Office on Violence Against Women a
resolution. later life. Deputy Director for Culturally
The question was taken, and the Sec. 206. Demonstration program on trauma-in- Specific Communities.
Speaker pro tempore announced that formed, victim-centered training TITLE XI—IMPROVING CONDITIONS FOR
the ayes appeared to have it. for law enforcement. WOMEN IN FEDERAL CUSTODY
Mrs. FISCHBACH. Madam Speaker, TITLE III—SERVICES, PROTECTION, AND Sec. 1101. Improving the treatment of primary
on that I demand the yeas and nays. JUSTICE FOR YOUNG VICTIMS caretaker parents and other indi-
The SPEAKER pro tempore. Pursu- Sec. 301. Rape prevention and education grant. viduals in federal prisons.
ant to section 3(s) of House Resolution Sec. 302. Creating hope through outreach, op- Sec. 1102. Public health and safety of women.
8, the yeas and nays are ordered. tions, services, and education Sec. 1103. Research and report on women in
Pursuant to clause 8 of rule XX, fur- (CHOOSE) for children and federal incarceration.
ther proceedings on this question are youth. Sec. 1104. Reentry planning and services for in-
postponed. Sec. 303. Grants to combat violent crimes on carcerated women.
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campuses. TITLE XII—LAW ENFORCEMENT TOOLS TO
f
TITLE IV—VIOLENCE REDUCTION ENHANCE PUBLIC SAFETY
b 1130 PRACTICES Sec. 1201. Notification to law enforcement agen-
VIOLENCE AGAINST WOMEN Sec. 401. Study conducted by the Centers for cies of prohibited purchase or at-
REAUTHORIZATION ACT OF 2021 Disease Control and Prevention. tempted purchase of a firearm.
Sec. 402. Saving Money and Reducing Trage- Sec. 1202. Reporting of background check deni-
Mr. NADLER. Madam Speaker, pur- dies (SMART) through Prevention als to state, local, and Tribal au-
suant to House Resolution 233, I call up grants. thorities.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1433
Sec. 1203. Special assistant U.S. attorneys and (C) by striking paragraph (8) and inserting (I) by inserting ‘‘who cannot access, or’’ be-
cross-deputized attorneys. the following new paragraph: fore ‘‘who face barriers’’;
TITLE XIII—CLOSING THE LAW ‘‘(8) DOMESTIC VIOLENCE.—The term ‘domestic (II) by striking ‘‘and using victim services’’
ENFORCEMENT CONSENT LOOPHOLE violence’ means a pattern of behavior involving and inserting ‘‘, using, or receiving appropriate
the use or attempted use of physical, sexual, victim services’’; and
Sec. 1301. Short title.
verbal, psychological, economic, or technological (III) by striking ‘‘alienage’’ and inserting
Sec. 1302. Prohibition on engaging in sexual
abuse or any other coercive behavior committed, ‘‘immigration’’;
acts while acting under color of
enabled, or solicited to gain or maintain power (H) by adding at the end the following new
law.
and control over a victim, by a person who— paragraphs:
Sec. 1303. Incentives for States.
‘‘(A) is a current or former spouse or dating ‘‘(46) ABUSE IN LATER LIFE.—The term ‘abuse
Sec. 1304. Reports to Congress.
partner of the victim, or other person similarly in later life’—
Sec. 1305. Definition.
situated to a spouse of the victim; ‘‘(A) means—
TITLE XIV—OTHER MATTERS ‘‘(B) is cohabitating with or has cohabitated ‘‘(i) neglect, abandonment, economic abuse, or
Sec. 1401. National stalker and domestic vio- with the victim as a spouse or dating partner; willful harm of an adult aged 50 or older by an
lence reduction. ‘‘(C) shares a child in common with the vic- individual in an ongoing relationship of trust
Sec. 1402. Federal victim assistants reauthoriza- tim; with the victim; or
tion. ‘‘(D) is an adult family member of, or paid or ‘‘(ii) domestic violence, dating violence, sexual
Sec. 1403. Child abuse training programs for ju- nonpaid caregiver in an ongoing relationship of assault, or stalking of an adult aged 50 or older
dicial personnel and practitioners trust with, a victim aged 50 or older or an adult by any individual; and
reauthorization. victim with disabilities; or ‘‘(B) does not include self-neglect.
Sec. 1404. Sex offender management. ‘‘(E) commits acts against a youth or adult ‘‘(47) RESTORATIVE PRACTICE.—The term ‘re-
Sec. 1405. Court-appointed special advocate victim who is protected from those acts under storative practice’ means a process, whether
program. the family or domestic violence laws of the juris- court-referred or community-based, that—
Sec. 1406. Sexual assault forensic exam program diction.’’; ‘‘(A) involves, on a voluntary basis, and to
grants. (D) in paragraph (9)— the extent possible, those who have committed a
Sec. 1407. Review on link between substance use (i) by striking ‘‘consideration of’’ and insert- specific offense and those who have been
and victims of domestic violence ing ‘‘consideration of one or more of the fol- harmed as a result of the offense, as well as the
dating violence, sexual assault, or lowing factors’’; affected community;
stalking. (ii) in subparagraph (B), by striking ‘‘; and’’ ‘‘(B) has the goal of collectively seeking ac-
Sec. 1408. Interagency working group to study and inserting a semicolon; countability from the accused, and developing a
Federal efforts to collect data on (iii) in subparagraph (C), by striking the pe- process whereby the accused will take responsi-
sexual violence. riod at the end and inserting ‘‘; or’’; and bility for his or her actions, and a plan for pro-
Sec. 1409. National Domestic Violence Hotline. (iv) by inserting the following new subpara- viding relief to those harmed, through allocu-
Sec. 1410. Deputy Assistant Attorney General graph: tion, restitution, community service or other
on Culturally Specific Commu- ‘‘(D) the cultural context of the relation- processes upon which the victim, the accused,
nities within the Office of Justice ship.’’; the community, and the court (if court-referred)
Programs. (E) in the matter following paragraph (9), by can agree;
TITLE XV—CYBERCRIME ENFORCEMENT ‘‘(C) is conducted in a framework that pro-
inserting the following:
tects victim safety and supports victim auton-
Sec. 1501. Local law enforcement grants for en- ‘‘Sexual contact is not a necessary component of
omy; and
forcement of cybercrimes. such a relationship.’’;
‘‘(D) includes protocols to address the use of
Sec. 1502. National Resource Center Grant. (F) in paragraph (10)—
information disclosed during such process for
Sec. 1503. National strategy, classification, and (i) by striking ‘‘person—’’ and inserting ‘‘dat-
other law enforcement purposes.
reporting on cybercrime. ing partner.’’; and
‘‘(48) DIGITAL SERVICES.—The term ‘digital
TITLE XVI—KEEPING CHILDREN SAFE (ii) by striking subparagraphs (A) and (B).
services’ means services, resources, information,
FROM FAMILY VIOLENCE (G) by striking paragraphs (11) and (12);
support or referrals provided through electronic
Sec. 1601. Short title. (H) by striking paragraph (19) and inserting
communications platforms and media, whether
Sec. 1602. Findings. the following new paragraph:
via mobile device technology, video technology,
Sec. 1603. Purposes. ‘‘(19) LEGAL ASSISTANCE.—
or computer technology, including utilizing the
Sec. 1604. Definition of covered formula grant. ‘‘(A) The term ‘legal assistance’ means assist-
internet, as well as any other emerging commu-
Sec. 1605. Increased funding for formula grants ance provided by or under the direct supervision
nications technologies that are appropriate for
authorized. of a person described in subparagraph (B) to a
the purposes of providing services, resources, in-
Sec. 1606. Application. person described in subparagraph (C) relating to
formation, support, or referrals for the benefit of
Sec. 1607. Rule of construction. a matter described in subparagraph (D).
victims of domestic violence, dating violence,
Sec. 1608. Grant term. ‘‘(B) A person described in this subparagraph
sexual assault, or stalking.
Sec. 1609. Uses of funds. is—
‘‘(49) ECONOMIC ABUSE.—The term ‘economic
Sec. 1610. Authorization of appropriations. ‘‘(i) a licensed attorney; abuse’, in the context of domestic violence, dat-
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT ‘‘(ii) in the case of an immigration proceeding, ing violence, and abuse in later life, means be-
CONDITIONS. a Board of Immigration Appeals accredited rep- havior that is coercive, deceptive, or unreason-
Section 40002 of the Violence Against Women resentative; or ably controls or restrains a person’s ability to
Act of 1994 (34 U.S.C. 12291) is amended— ‘‘(iii) any person who functions as an attor- acquire, use, or maintain economic resources to
(1) in subsection (a)— ney or lay advocate in a Tribal court; and which they are entitled, including using coer-
(A) by striking ‘‘In this title’’ and inserting ‘‘(C) A person described in this subparagraph cion, fraud, or manipulation to—
‘‘In this title, and for the purpose of all grants is an adult or youth victim of domestic violence, ‘‘(A) restrict a person’s access to money, as-
authorized under this title’’; dating violence, sexual assault, or stalking. sets, credit, or financial information;
(B) by striking paragraph (5) and inserting ‘‘(D) A matter described in this subparagraph ‘‘(B) unfairly use a person’s personal eco-
the following new paragraph: is a matter related to— nomic resources, including money, assets, and
‘‘(5) COURT-BASED AND COURT-RELATED PER- ‘‘(i) divorce, parental rights, child support, credit, for one’s own advantage; or
SONNEL.—The terms ‘court-based personnel’ and Tribal, territorial, immigration, employment, ad- ‘‘(C) exert undue influence over a person’s fi-
‘court-related personnel’ mean persons working ministrative agency, housing, campus, edu- nancial and economic behavior or decisions, in-
in the court, whether paid or volunteer, includ- cation, healthcare, privacy, contract, consumer, cluding forcing default on joint or other finan-
ing— civil rights, protection or order or other injunc- cial obligations, exploiting powers of attorney,
‘‘(A) clerks, special masters, domestic relations tive proceedings, related enforcement pro- guardianship, or conservatorship, or failing or
officers, administrators, mediators, custody ceedings, and other similar matters; neglecting to act in the best interests of a person
evaluators, guardians ad litem, lawyers, nego- ‘‘(ii) criminal justice investigations, prosecu- to whom one has a fiduciary duty.
tiators, probation, parole, interpreters, victim tions and post-conviction matters (including ‘‘(50) INTERNET ENABLED DEVICE.—The term
assistants, victim advocates, and judicial, ad- sentencing, parole, probation, and vacatur or ‘internet enabled device’ means devices that
ministrative, or any other professionals or per- expungement) that impact the victim’s safety, have a connection the Internet, send and receive
sonnel similarly involved in the legal process; privacy, or other interests as a victim; or information and data, and may be accessed via
‘‘(B) court security personnel; ‘‘(iii) alternative dispute resolution, restora- mobile device technology, video technology, or
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‘‘(C) personnel working in related, supple- tive practices, or other processes intended to computer technology, away from the location
mentary offices or programs (such as child sup- promote victim safety, privacy, and autonomy, where the device is installed, and may include
port enforcement); and and offender accountability, regardless of court home automation systems, door locks, and ther-
‘‘(D) any other court-based or community- involvement. mostats.
based personnel having responsibilities or au- For purposes of this paragraph, intake or refer- ‘‘(51) TECHNOLOGICAL ABUSE.—The term ‘tech-
thority to address domestic violence, dating vio- ral, by itself, does not constitute legal assist- nological abuse’ means an act or pattern of be-
lence, sexual assault, or stalking in the court ance.’’; havior that occurs within domestic violence, sex-
system.’’; (I) in paragraph (39)— ual assault, dating violence or stalking and is
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H1434 CONGRESSIONAL RECORD — HOUSE March 17, 2021
intended to harm, threaten, intimidate, control, Women shall make all technical assistance SEC. 6. SENSE OF CONGRESS.
stalk, harass, impersonate, exploit, extort, or available as broadly as possible to any appro- It is the sense of Congress—
monitor, except as otherwise permitted by law, priate grantees, subgrantees, potential grantees, (1) that sex trafficking victims experience sex-
another person, that occurs using any form of or other entities without regard to whether the ual violence and assault; and
information technology, including: internet en- entity has received funding from the Office on (2) that Federal recognition of their recovery
abled devices, online spaces and platforms, com- Violence Against Women for a particular pro- is important.
puters, mobile devices, cameras and imaging gram or project.’’; TITLE I—ENHANCING LEGAL TOOLS TO
platforms, apps, location tracking devices, com- (G) in paragraph (13)— COMBAT DOMESTIC VIOLENCE, DATING
munication technologies, or any other emerging (i) in subparagraph (A)— VIOLENCE, SEXUAL ASSAULT, AND
technologies. (I) by inserting after ‘‘the Violence Against STALKING
‘‘(52) FEMALE GENITAL MUTILATION.—The term Women Reauthorization Act of 2013’’ the fol- SEC. 101. STOP GRANTS.
‘female genital mutilation’ has the meaning lowing: ‘‘(Public Law 113–4; 127 Stat. 54)’’; and (a) IN GENERAL.—Part T of title I of the Om-
given such term in section 116 of title 18, United (II) by striking ‘‘the Violence Against Women nibus Crime Control and Safe Streets Act of 1968
States Code. and Department of Justice Reauthorization Act (34 U.S.C. 10441 et seq.) is amended—
‘‘(53) ELDER ABUSE.—The term ‘elder abuse’ of 2005 (title IX of Public Law 109–162; 119 Stat. (1) in section 2001(b)—
has the meaning given that term in section 2 of 3080), the Violence Against Women Reauthoriza- (A) in paragraph (3), by inserting before the
the Elder Abuse Prevention and Prosecution tion Act of 2013, and any other program or ac- semicolon at the end the following: ‘‘including
Act. The terms ‘abuse,’ ‘elder,’ and ‘exploi- tivity funded in whole or in part with funds ap- implementation of the non-discrimination re-
tation’ have the meanings given those terms in propriated for grants, cooperative agreements, quirements in section 40002(b)(13) of the Vio-
section 2011 of the Social Security Act (42 U.S.C. and other assistance administered by the Office lence Against Women Act of 1994’’;
1397j). on Violence Against Women’’ and inserting ‘‘the (B) in paragraph (5), by inserting ‘‘and legal
‘‘(54) FORCED MARRIAGE.—The term ‘forced Violence Against Women and Department of assistance’’ after ‘‘improving delivery of victim
marriage’ means a marriage to which one or services’’;
Justice Reauthorization Act of 2005 (Public Law
both parties do not or cannot consent, and in (C) in paragraph (9)—
109–162; 119 Stat. 3080), the Violence Against
which one or more elements of force, fraud, or (i) by striking ‘‘older and disabled women’’
Women Reauthorization Act of 2013, the Vio-
coercion is present. Forced marriage can be both and inserting ‘‘people 50 years of age or over,
lence Against Women Act Reauthorization Act
a cause and a consequence of domestic violence, people with disabilities, and Deaf people’’; and
of 2021, and any other program or activity fund-
dating violence, sexual assault or stalking. (ii) inserting ‘‘legal assistance,’’ after ‘‘coun-
ed in whole or in part with funds appropriated
‘‘(55) HOMELESS.—The term ‘homeless’ has the seling,’’; and
for grants, cooperative agreements, and other
meaning given such term in section 41403(6).’’; (iii) by striking ‘‘older and disabled individ-
(2) in subsection (b)— assistance administered by the Office on Vio-
lence Against Women’’; and uals’’ and inserting ‘‘people’’;
(A) in the matter before paragraph (1), by in- (D) in paragraph (11), by inserting before the
serting ‘‘For the purpose of all grants author- (ii) in subparagraph (C), by striking ‘‘section
semicolon at the end the following: ‘‘, including
ized under this title:’’; 3789d of title 42, United States Code’’ and insert-
rehabilitative work with offenders, restorative
(B) in paragraph (2), by inserting after sub- ing ‘‘section 809 of title I of the Omnibus Crime
practices, and similar initiatives’’;
paragraph (G) the following: Control and Safe Streets Act of 1968 (34 U.S.C. (E) in paragraph (19), by striking ‘‘and’’ at
‘‘(H) DEATH OF THE PARTY WHOSE PRIVACY 10228)’’; the end;
HAD BEEN PROTECTED.—In the event of the (H) in paragraph (14) (F) in paragraph (20), by striking the period
death of any victim whose confidentiality and (i) by inserting after ‘‘are also victims of’’ the at the end and inserting a semicolon; and
privacy is required to be protected under this following: ‘‘forced marriage, or’’; and (G) by inserting after paragraph (20), the fol-
subsection, such requirement shall continue to (ii) by inserting ‘‘, and includes services and lowing:
apply, and the right to authorize release of any assistance to adult survivors of child sexual as- ‘‘(21) developing and implementing laws, poli-
confidential or protected information be vested sault’’ before the period at the end; cies, procedures, or training to ensure the lawful
in the next of kin, except that consent for re- (I) by striking paragraph (15); and recovery and storage of any dangerous weapon
lease of the deceased victim’s information may (J) in paragraph (16)— by the appropriate law enforcement agency from
not be given by a person who had perpetrated (i) by striking paragraph (A)(iii) and inserting an adjudicated perpetrator of any offense of do-
abuse against the deceased victim. the following new clause: mestic violence, dating violence, sexual assault,
‘‘(I) USE OF TECHNOLOGY.—Grantees and sub- ‘‘(iii) TECHNICAL ASSISTANCE.—A recipient of or stalking, and the return of such weapon
grantees may use telephone, internet, and other grant funds under this Act that is found to have when appropriate, where any Federal, State,
technologies to protect the privacy, location and an unresolved audit finding shall be eligible to Tribal, or local court has—
help-seeking activities of victims using services. receive prompt, individualized technical assist- ‘‘(A)(i) issued protective or other restraining
Such technologies may include— ance to resolve the audit finding and to prevent orders against such a perpetrator; or
‘‘(i) software, apps or hardware that block future findings, for a period not to exceed the ‘‘(ii) found such a perpetrator to be guilty of
caller ID or conceal IP addresses, including in- following 2 fiscal years.’’; and misdemeanor or felony crimes of domestic vio-
stances in which victims use digital services; or (ii) in paragraph (C)(i)— lence, dating violence, sexual assault, or stalk-
‘‘(ii) technologies or protocols that inhibit or (I) by striking ‘‘$20,000’’ and inserting ing; and
prevent a perpetrator’s attempts to use tech- ‘‘$100,000’’; and ‘‘(B) ordered the perpetrator to relinquish
nology or social media to threaten, harass or (II) by striking ‘‘unless the Deputy Attorney dangerous weapons that the perpetrator pos-
harm the victim, the victim’s family, friends, General or’’ and inserting ‘‘unless the Director sesses or has used in the commission of at least
neighbors or co-workers, or the program pro- or Principal Deputy Director of the Office on one of the aforementioned crimes;
viding services to them.’’; Violence Against Women, the Deputy Attorney Policies, procedures, protocols, laws, regula-
(C) in paragraph (3), by inserting after ‘‘de- General, or’’. tions, or training under this section shall in-
signed to reduce or eliminate domestic violence, SEC. 3. AGENCY AND DEPARTMENT COORDINA- clude the safest means of recovery of, and best
dating violence, sexual assault, and stalking’’ TION. practices for storage of, relinquished and recov-
the following: ‘‘, provided that the confiden- The heads of Executive Departments respon- ered dangerous weapons and their return, when
tiality and privacy requirements of this title are sible for carrying out this Act are authorized to applicable, at such time as the individual is no
maintained, and that personally identifying in- coordinate and collaborate on the prevention of longer prohibited from possessing such weapons
formation about adult, youth, and child victims domestic violence, dating violence, sexual as- under Federal, State, or Tribal law, or posted
of domestic violence, dating violence, sexual as- sault, and stalking, including sharing best prac- local ordinances;
sault and stalking is not requested or included tices and efficient use of resources and tech- ‘‘(22) developing, enlarging, or strengthening
in any such collaboration or information-shar- nology for victims and those seeking assistance culturally specific victim services programs to
ing’’; from the Government. provide culturally specific victim services re-
(D) in paragraph (6), by adding at the end the garding, responses to, and prevention of female
SEC. 4. EFFECTIVE DATE.
following: ‘‘Such disbursing agencies must en- genital mutilation; and
sure that the confidentiality and privacy re- (a) IN GENERAL.—Except as provided in sub-
section (b), this Act and the amendments made ‘‘(23) providing victim advocates in State or
quirements of this title are maintained in mak- local law enforcement agencies, prosecutors’ of-
ing such reports, and that personally identi- by this Act shall not take effect until October 1
of the first fiscal year beginning after the date fices, and courts and providing supportive serv-
fying information about adult, youth and child ices and advocacy to urban American Indian
victims of domestic violence, dating violence, of enactment of this Act.
(b) EFFECTIVE ON DATE OF ENACTMENT.—Sec- and Alaska Native victims of domestic violence,
sexual assault and stalking is not requested or dating violence, sexual assault, and stalking.’’;
included in any such reports.’’; tions 106, 107, 205, 304, 606, 702, 801, 802, 903,
(2) in section 2007—
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(E) in paragraph (8), by striking ‘‘under this and 1406 and any amendments made by such
(A) in subsection (d)—
title’’ and inserting ‘‘under this title. In this sections shall take effect on the date of enact- (i) by redesignating paragraphs (5) and (6) as
title, including for the purpose of grants author- ment of this Act. paragraphs (7) and (8), respectively; and
ized under this title, the term ‘violent crimes SEC. 5. AVAILABILITY OF FUNDS. (ii) by inserting after paragraph (4) the fol-
against women’ includes violent crimes against Any funds appropriated pursuant to an au- lowing:
a person of any gender.’’; thorization of appropriations under this Act or ‘‘(5) proof of compliance with the require-
(F) in paragraph (11), by adding at the end an amendment made by this Act shall remain ments regarding training for victim-centered
the following: ‘‘The Office on Violence Against available until expended. prosecution, described in section 2017;
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1435
‘‘(6) proof of compliance with the require- violence, dating violence, sexual assault, and (c) AUTHORIZATION OF APPROPRIATIONS.—Sec-
ments regarding civil rights under section stalking, and to seek safety and autonomy for tion 1001(a)(19) of the Omnibus Crime Control
40002(b)(13) of the Violent Crime Control and victims.’’; and Safe Streets Act of 1968 (34 U.S.C.
Law Enforcement Act of 1994;’’; (2) in subsection (b)— 10261(a)(19)) is amended by striking ‘‘2014
(B) in subsection (i)— (A) in paragraph (1), by striking ‘‘proarrest’’ through 2018’’ and inserting ‘‘2022 through
(i) in paragraph (1), by inserting before the and inserting ‘‘offender accountability and 2026’’.
semicolon at the end the following: ‘‘and the re- homicide reduction’’; SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
quirements under section 40002(b) of the Violent (B) in paragraph (5), by striking ‘‘legal advo-
(a) IN GENERAL.—Section 1201 of division B of
Crime Control and Law Enforcement Act of 1994 cacy service programs’’ and inserting ‘‘legal ad-
the Victims of Trafficking and Violence Protec-
(34 U.S.C. 12291(b))’’; and vocacy and legal assistance programs’’;
tion Act of 2000 (34 U.S.C. 20121) is amended—
(ii) in paragraph (2)(C)(iv), by inserting after (C) in paragraph (7), strike ‘‘and tribal juris-
(1) in subsection (a), by inserting after ‘‘no
‘‘ethnicity,’’ the following: ‘‘sexual orientation, dictions’’ and insert ‘‘tribal jurisdictions, coali-
cost to the victims.’’ the following: ‘‘When legal
gender identity,’’; and tions, and victim service providers’’;
(D) in paragraph (8)— assistance to a dependent is necessary for the
(C) by adding at the end the following: safety of a victim, such assistance may be pro-
‘‘(k) REVIEWS FOR COMPLIANCE WITH NON- (i) by striking ‘‘older individuals (as defined
in section 102 of the Older Americans Act of 1965 vided.’’;
DISCRIMINATION REQUIREMENTS.—
(42 U.S.C. 3002))’’ and inserting ‘‘people 50 years (2) in subsection (d)—
‘‘(1) IN GENERAL.—If allegations of discrimina-
of age or over’’; and (A) by amending paragraph (1) to read as fol-
tion in violation of section 40002(b)(13)(A) of the
(ii) by striking ‘‘individuals with disabilities lows:
Violence Against Women Act of 1994 (34 U.S.C.
(as defined in section 3(2) of the Americans with ‘‘(1) any person providing legal assistance
12291(b)(13)(A)) by a potential grantee under
Disabilities Act of 1990 (42 U.S.C. 12102(2)))’’ through a program funded under this section—
this part have been made to the Attorney Gen-
and inserting ‘‘people with disabilities (as de- ‘‘(A)(i) is a licensed attorney or is working
eral, the Attorney General shall, prior to award-
fined in the Americans with Disabilities Act of under the direct supervision of a licensed attor-
ing a grant under this part to such potential
1990 (42 U.S.C. 12102)) and Deaf people’’; ney;
grantee, conduct a review and take steps to en-
(E) in paragraph (19), by inserting before the ‘‘(ii) in immigration proceedings, is a Board of
sure the compliance of the potential grantee
period at the end the following ‘‘, including vic- Immigration Appeals accredited representative;
with such section.
tims among underserved populations (as defined or
‘‘(2) ESTABLISHMENT OF RULE.—Not later than
in section 40002(a) of the Violence Against ‘‘(iii) is any person who functions as an attor-
1 year after the date of enactment of the Vio-
Women Act of 1994)’’; and ney or lay advocate in tribal court; and
lence Against Women Act Reauthorization Act
(F) by adding at the end the following: ‘‘(B)(i) has demonstrated expertise in pro-
of 2021, the Attorney General shall by rule es-
‘‘(25) To develop and implement restorative viding legal assistance to victims of domestic vi-
tablish procedures for such a review.
practices. olence, dating violence, sexual assault, or stalk-
‘‘(3) BIENNIAL REPORT.—Beginning on the
‘‘(26) To develop and implement laws, policies, ing in the targeted population; or
date that is 1 year after the date of enactment
procedures, and training— ‘‘(ii)(I) is partnered with an entity or person
of the Violence Against Women Act Reauthor-
‘‘(A) for the purpose of homicide prevention, that has demonstrated expertise described in
ization Act of 2021, and once every 2 years
preventing lethal assaults, and responding to clause (i); and
thereafter, the Attorney General shall report to
threats of lethal assaults through effective en- ‘‘(II) has completed, or will complete, training
the Committees on the Judiciary of the Senate
forcement of court orders prohibiting possession in connection with domestic violence, dating vi-
and of the House of Representatives regarding
of and mandating the recovery of firearms from olence, stalking, or sexual assault and related
compliance with section 40002(b)(13)(A) of the
adjudicated domestic violence, dating violence, legal issues, including training on evidence-
Violence Against Women Act of 1994 (34 U.S.C.
sexual assault or stalking offenders; and based risk factors for domestic and dating vio-
12291(b)(13)(A)) by recipients of grants under
‘‘(B) to address victim safety, safe storage of lence homicide;’’;
this part, including a report on the number of
contraband during the pendency of the court (B) in paragraph (2), strike ‘‘or local’’ and in-
complaints filed and the resolution of those com-
order and, where appropriate, safe return of sert the following: ‘‘local, or culturally spe-
plaints.’’; and
such contraband at the conclusion of the court cific’’;
(3) by adding at the end the following:
order. (C) in paragraph (4), after ‘‘dating violence,’’
‘‘SEC. 2017. GRANT ELIGIBILITY REGARDING COM- ‘‘(27) To develop and implement alternative
PELLING VICTIM TESTIMONY. insert ‘‘stalking,’’; and
methods of reducing crime in communities, to (3) in subsection (f)(1)—
‘‘In order for a prosecutor’s office to be eligi- supplant punitive programs or policies. For pur-
ble to receive funds under this part, the head of (A) by striking ‘‘$57,000,000’’ and inserting
poses of this paragraph, a punitive program or ‘‘$75,000,000’’; and
the office shall certify to the State, Indian Trib- policy is a program or policy that—
al government, or territorial government receiv- (B) by striking ‘‘2014 through 2018’’ and in-
‘‘(A) imposes a penalty on a victim of domestic serting ‘‘2022 through 2026’’.
ing a grant under this part, and from which the violence, dating violence, sexual assault, or
office will receive funds, that the office imple- (b) GAO REPORT.—Not later than 1 year after
stalking, on the basis of a request by the victim the date of enactment of this Act, the Comp-
mented and trained its personnel regarding vic- for law enforcement or emergency assistance; or
tim-centered approaches in domestic violence, troller General of the United States shall submit
‘‘(B) imposes a penalty on such a victim be- to Congress a report on the return on investment
sexual assault, dating violence, and stalking cause of criminal activity at the property in
cases, including policies addressing the use of for legal assistance grants awarded pursuant to
which the victim resides.’’; section 1201 of division B of the Victims of Traf-
bench warrants, body attachments, and mate- (3) in subsection (c)(1)—
rial witness warrants for victims who fail to ap- ficking and Violence Protection Act of 2000 (34
(A) in subparagraph (A)—
pear. The training shall be developed by experts U.S.C. 20121), including an accounting of the
(i) in clause (i), by striking ‘‘encourage or
in the fields of domestic violence, sexual assault, amount saved, if any, on housing, medical, or
mandate arrests of domestic violence offenders’’
dating violence, stalking, and prosecution.’’. employment social welfare programs.
and inserting ‘‘encourage arrests of offenders’’;
(b) AUTHORIZATION OF APPROPRIATIONS.—Sec- and SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE
JUSTICE SYSTEM.
tion 1001(a)(18) of the Omnibus Crime Control (ii) in clause (ii), by striking ‘‘encourage or
and Safe Streets Act of 1968 (34 U.S.C. mandate arrest of domestic violence offenders’’ Section 1301 of division B of the Victims of
10261(a)(18)) is amended by striking ‘‘2014 and inserting ‘‘encourage arrest of offenders’’; Trafficking and Violence Protection Act of 2000
through 2018’’ and inserting ‘‘2022 through and (34 U.S.C. 12464) is amended—
2026’’. (B) by inserting after subparagraph (E) the (1) in subsection (b)—
SEC. 102. GRANTS TO ENCOURAGE IMPROVE- following: (A) in paragraph (3)—
MENTS AND ALTERNATIVES TO THE ‘‘(F) certify that, not later than 2 years after (i) by striking ‘‘educate’’ and inserting ‘‘(A)
CRIMINAL JUSTICE RESPONSE. the date of its first award received under this educate’’;
(a) HEADING.—Part U of title I of the Omnibus subchapter after enactment of this subpara- (ii) by inserting ‘‘and’’ after the semicolon at
Crime Control and Safe Streets Act of 1968 (34 graph, the grantee has implemented and trained the end; and
U.S.C. 10461 et seq.) is amended in the heading, on victim-centered approaches to prosecution in (iii) by adding at the end the following:
by striking ‘‘GRANTS TO ENCOURAGE ARREST domestic violence, sexual assault, dating vio- ‘‘(B) establish community-based initiatives
POLICIES’’ and inserting ‘‘GRANTS TO ENCOUR- lence, and stalking cases, including policies ad- within the court system (such as court watch
AGE IMPROVEMENTS AND ALTERNATIVES TO THE dressing the use of bench warrants, body at- programs, victim assistants, pro se victim assist-
CRIMINAL JUSTICE RESPONSE’’. tachments, and material witness warrants for ance programs, or community-based supple-
(b) GRANTS.—Section 2101 of the Omnibus victims who fail to appear, which have been de- mentary services);’’.
Crime Control and Safe Streets Act of 1968 (34 veloped by experts in the fields of domestic vio- (B) in paragraph (7), by striking ‘‘and’’ at the
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U.S.C. 10461) is amended— lence, sexual assault, dating violence, stalking, end;
(1) by striking subsection (a) and inserting the and prosecution; and’’; and (C) in paragraph (8)—
following: (4) insert after subsection (g) the following: (i) by striking ‘‘to improve’’ and inserting
‘‘(a) PURPOSE.—The purpose of this part is to ‘‘(h) ALLOCATION FOR CULTURALLY SPECIFIC ‘‘improve’’; and
assist States, Indian Tribal governments, State SERVICES.—Of the amounts appropriated for (ii) by striking the period at the end and in-
and local courts (including juvenile courts), purposes of this part for each fiscal year, not serting ‘‘; and’’; and
Tribal courts, and units of local government to less than 5 percent shall be available for grants (D) by inserting after paragraph (8) the fol-
improve the criminal justice response to domestic to culturally specific victim service providers.’’. lowing:
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H1436 CONGRESSIONAL RECORD — HOUSE March 17, 2021
‘‘(9) develop and implement restorative prac- available under paragraph (1), there are author- SEC. 204. GRANTS FOR TRAINING AND SERVICES
tices (as such term is defined in section 40002(a) ized to be appropriated to carry out this section TO END VIOLENCE AGAINST PEOPLE
WITH DISABILITIES AND DEAF PEO-
of the Violence Against Women Act of 1994).’’; $40,000,000 for each of fiscal years 2022 through
PLE.
and 2026.
(2) in subsection (e), by striking ‘‘2014 through Section 1402 of division B of the Victims of
‘‘(4) DISTRIBUTION.—Of the total amount
2018’’ and inserting ‘‘2022 through 2026’’. Trafficking and Violence Protection Act of 2000
available for grants under this section, not less
(34 U.S.C. 20122) is amended—
SEC. 105. OUTREACH AND SERVICES TO UNDER- than 40 percent of such funds shall be allocated
SERVED POPULATIONS GRANTS. (1) in the heading—
for programs or projects that meaningfully ad- (A) by striking ‘‘WOMEN’’ and inserting ‘‘PEO-
Section 120 of the Violence Against Women dress non-intimate partner relationship sexual PLE’’; and
and Department of Justice Reauthorization Act assault.’’; (B) by inserting after ‘‘DISABILITIES’’ the fol-
of 2005 (34 U.S.C. 20123) is amended— (2) in subsection (b)(3), by adding at the end lowing: ‘‘AND DEAF PEOPLE’’;
(1) in subsection (a), by adding at the end the the following: ‘‘At least one such organization (2) in subsection (a)—
following: shall have demonstrated expertise primarily in (A) by striking ‘‘individuals’’ each place it ap-
‘‘(3) PURPOSE.—The purpose of this grant pro- domestic violence services, and at least one such pears and inserting ‘‘people’’; and
gram is to ensure that all underserved popu- organization shall have demonstrated expertise (B) by inserting after ‘‘with disabilities (as de-
lations (as such term is defined in section 40002 primarily in non-intimate partner sexual assault fined in section 3 of the Americans with Disabil-
of the Violent Crime Control and Law Enforce- services.’’; and ities Act of 1990 (42 U.S.C. 12102))’’ the fol-
ment Act of 1994 (34 U.S.C. 12291(a)) are given lowing: ‘‘and Deaf people’’.
(3) by striking subsection (e).
non-exclusionary consideration in each grant (3) in subsection (b)—
cycle. Periodic priority may be placed on certain SEC. 109. GRANTS FOR LETHALITY ASSESSMENT
PROGRAMS. (A) by striking ‘‘disabled individuals’’ each
underserved populations and forms of violence place it appears and inserting ‘‘people with dis-
to meet identified needs and must be accom- (a) IN GENERAL.—The Attorney General may
abilities and Deaf people’’;
panied by a non-priority option.’’; make grants to States, units of local govern-
(B) in paragraph (3), by inserting after ‘‘law
(2) in subsection (d)— ment, Indian Tribes, domestic violence victim
enforcement’’ the following: ‘‘and other first re-
(A) in paragraph (4)— service providers, and State or Tribal Domestic
sponders’’; and
(i) by striking ‘‘effectiveness’’ and inserting Violence Coalitions for technical assistance and (C) in paragraph (8), by striking ‘‘providing
‘‘response’’; training in the operation or establishment of a advocacy and intervention services within’’ and
(ii) by inserting ‘‘population-specific’’ before lethality assessment program. inserting ‘‘to enhance the capacity of’’;
‘‘training’’; (b) DEFINITION.—In this section, the term (4) in subsection (c), by striking ‘‘disabled in-
(B) in paragraph (5), by striking the period at ‘‘lethality assessment program’’ means a pro- dividuals’’ and inserting ‘‘people with disabil-
the end and inserting a semicolon; and gram that— ities and Deaf people’’; and
(C) by adding at the end the following: (1) rapidly connects a victim of domestic vio- (5) in subsection (e), by striking ‘‘2014 through
‘‘(6) developing, enlarging, or strengthening lence to local community-based victim service 2018’’ and inserting ‘‘2022 through 2026’’.
culturally specific programs and projects to pro- providers; SEC. 205. TRAINING AND SERVICES TO END
vide culturally specific services regarding, re- ABUSE IN LATER LIFE.
(2) helps first responders and others in the
sponses to, and prevention of female genital mu-
justice system, including courts, law enforce- Section 40801 of the Violent Crime Control and
tilation; or
ment agencies, and prosecutors of Tribal govern- Law Enforcement Act of 1994 (34 U.S.C. 12421)—
‘‘(7) strengthening the response of social and (1) in the heading, by striking ‘‘ENHANCED
ment and units of local government, identify
human services by providing population-specific TRAINING’’ and inserting ‘‘TRAINING’’;
and respond to possibly lethal circumstances;
training for service providers on domestic vio- (2) by striking subsection ‘‘(a) DEFINITIONS.—
and
lence, dating violence, sexual assault, or stalk- In this section—’’ and all that follows through
ing in underserved populations.’’; and (3) identifies victims of domestic violence who
are at high risk of being seriously injured or paragraph (1) of subsection (b) and inserting the
(3) in subsection (g)— following: ‘‘The Attorney General shall make
(A) by striking ‘‘$2,000,000’’ and inserting killed by an intimate partner.
(c) QUALIFICATIONS.—To be eligible for a grants to eligible entities in accordance with the
‘‘$10,000,000’’; and
grant under this section, an applicant shall following:’’;
(B) by striking ‘‘2014 through 2018’’ and in-
demonstrate experience in developing, imple- (3) by redesignating paragraphs (2) through
serting ‘‘2022 through 2026’’.
menting, evaluating, and disseminating a (5) of subsection (b) as paragraphs (1) through
SEC. 106. CRIMINAL PROVISIONS. (4);
Section 2265 of title 18, United States Code, is lethality assessment program.
(4) in paragraph (1) (as redesignated by para-
amended— (d) AUTHORIZATION OF APPROPRIATIONS.—
graph (3) of this subsection)—
(1) in subsection (d)(3)— There are authorized to be appropriated (A) by striking ‘‘, including domestic violence,
(A) by striking ‘‘restraining order or injunc- $5,000,000 to carry out this section for each of dating violence, sexual assault, stalking, exploi-
tion,’’; and fiscal years 2022 through 2026. tation, and neglect’’ each place it appears;
(B) by adding at the end the following: ‘‘The (e) DEFINITIONS AND GRANT CONDITIONS.—In (B) in subparagraph (A)—
prohibition under this paragraph applies to all this section, the definitions and grant condi- (i) in clause (i), by striking ‘‘elder abuse’’ and
protection orders for the protection of a person tions in section 40002 of the Violence Against inserting the following: ‘‘abuse in later life’’;
residing within a State, territorial, or Tribal ju- Women Act of 1994 (34 U.S.C. 12291). and
risdiction, whether or not the protection order TITLE II—IMPROVING SERVICES FOR (ii) in clause (iv), by striking ‘‘advocates, vic-
was issued by that State, territory, or Tribe.’’; VICTIMS tim service providers, and courts to better serve
and victims of abuse in later life’’ and inserting
(2) in subsection (e), by adding at the end the SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
‘‘leaders, victim advocates, victim service pro-
following: ‘‘This applies to all Alaska Tribes Section 41601 of the Violent Crime Control and viders, courts, and first responders to better
without respect to ‘Indian country’ or the popu- Law Enforcement Act of 1994 (34 U.S.C. 12511) is serve older victims’’;
lation of the Native village associated with the amended— (C) in subparagraph (B)(i), by striking ‘‘or
Tribe.’’. (1) in subsection (f)(1), by striking ‘‘2014 other community-based organizations in recog-
SEC. 107. RAPE SURVIVOR CHILD CUSTODY. through 2018’’ and inserting ‘‘2022 through nizing and addressing instances of abuse in
Section 409 of the Justice for Victims of Traf- 2026’’. later life’’ and inserting ‘‘community-based or-
ficking Act of 2015 (34 U.S.C. 21308) is amended SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. ganizations, or other professionals who may
by striking ‘‘2015 through 2019’’ and inserting Section 41601(f)(1) of the Violent Crime Con- identify or respond to abuse in later life’’; and
‘‘2022 through 2026’’. (D) in subparagraph (D), by striking ‘‘sub-
trol and Law Enforcement Act of 1994 (34 U.S.C.
SEC. 108. ENHANCING CULTURALLY SPECIFIC paragraph (B)(ii)’’ and inserting ‘‘paragraph
12511(f)(1)) is amended by striking ‘‘$40,000,000
SERVICES FOR VICTIMS OF DOMES- (2)(B)’’;
to remain available until expended for each of
TIC VIOLENCE, DATING VIOLENCE, (5) in paragraph (2) (as redesignated by para-
SEXUAL ASSAULT, AND STALKING. fiscal years 2014 through 2018’’ and inserting
graph (3))—
Section 121 of the Violence Against Women ‘‘$60,000,000 to remain available until expended
(A) in subparagraph (A)—
and Department of Justice Reauthorization Act for each of fiscal years 2022 through 2026’’. (i) in clause (iv). by striking ‘‘with dem-
of 2005 (34 U.S.C. 20124) is amended— SEC. 203. RURAL DOMESTIC VIOLENCE, DATING onstrated experience in assisting individuals
(1) in subsection (a)— VIOLENCE, SEXUAL ASSAULT, STALK- over 50 years of age or older’’; and
ING, AND CHILD ABUSE ENFORCE-
(A) in paragraph (1), by striking ‘‘shall take (ii) in clause (v), by striking ‘‘with dem-
MENT ASSISTANCE PROGRAM.
5 percent of such appropriated amounts’’ and onstrated experience in addressing domestic vio-
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inserting ‘‘shall take 10 percent of such appro- Section 40295 of the Violent Crime Control and lence, dating violence, sexual assault, and stalk-
priated amounts for the program under sub- Law Enforcement Act of 1994 (34 U.S.C. 12341) is ing’’; and
section (a)(2)(A) and 5 percent of such appro- amended— (B) in subparagraph (B)—
priated amounts for the programs under sub- (1) in subsection (a)(3), by striking ‘‘women’’ (i) in the matter preceding clause (i), by strik-
section (a)(2)(B) through (E)’’; and and inserting ‘‘adults, youth,’’; and ing ‘‘at a minimum’’ and inserting ‘‘at least two
(B) by adding at the end the following: (2) in subsection (e)(1), by striking ‘‘2014 of’’;
‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO- through 2018’’ and inserting ‘‘2022 through (ii) in clause (iii), by striking ‘‘and’’ at the
PRIATIONS.—In addition to the amounts made 2026’’. end, and inserting ‘‘or’’; and
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1437
(iii) in clause (iv), by striking ‘‘in later life;’’ tiple eligible entities for use in a variety of set- Crime in order to seek input from and cultivate
and inserting ‘‘50 years of age or over.’’; and tings and communities, including— consensus among outside practitioners and
(6) in paragraph (4) (as redesignated by para- ‘‘(A) urban, suburban, Tribal, remote, and other stakeholders through facilitated discus-
graph (3)), by striking ‘‘2014 through 2018’’ and rural areas; sions and focus groups on best practices in the
inserting ‘‘2022 through 2026’’. ‘‘(B) college campuses; or field of trauma-informed, victim-centered care
SEC. 206. DEMONSTRATION PROGRAM ON TRAU- ‘‘(C) traditionally underserved communities. for victims of domestic violence, dating violence,
MA-INFORMED, VICTIM-CENTERED ‘‘(c) USE OF FUNDS.—An eligible entity that sexual assault, and stalking.
TRAINING FOR LAW ENFORCEMENT. receives a grant under this section shall use the ‘‘(e) EVALUATION.—The Attorney General, in
Title IV of the Violent Crime Control and Law grant to— consultation with the Director of the National
Enforcement Act of 1994 (34 U.S.C. 10101 note) is ‘‘(1) train covered individuals within the dem- Institute of Justice, shall require each eligible
amended by adding at the end the following: onstration site of the eligible entity to use evi- entity that receives a grant under this section to
‘‘Subtitle Q—Trauma-informed, Victim- dence-based, trauma-informed, and victim-cen- identify a research partner, preferably a local
centered Training for Law Enforcement tered techniques and knowledge of crime vic- research partner, to—
tims’ rights throughout an investigation into do- ‘‘(1) design a system for generating and col-
‘‘SEC. 41701. DEMONSTRATION PROGRAM ON
mestic violence, dating violence, sexual assault, lecting the appropriate data to facilitate an
TRAUMA-INFORMED, VICTIM-CEN-
TERED TRAINING FOR LAW EN- or stalking, including by— independent process or impact evaluation of the
FORCEMENT. ‘‘(A) conducting victim interviews in a manner use of the grant funds;
‘‘(a) DEFINITIONS.—In this section— that— ‘‘(2) periodically conduct an evaluation de-
‘‘(1) the term ‘Attorney General’ means the ‘‘(i) elicits valuable information about the do- scribed in paragraph (1); and
Attorney General, acting through the Director mestic violence, dating violence, sexual assault, ‘‘(3) periodically make publicly available, dur-
of the Office on Violence Against Women; or stalking; and ing the grant period—
‘‘(ii) avoids re-traumatization of the victim; ‘‘(A) preliminary results of the evaluations
‘‘(2) the term ‘covered individual’ means an
‘‘(B) conducting field investigations that mir- conducted under paragraph (2); and
individual who interfaces with victims of domes-
ror best and promising practices available at the ‘‘(B) recommendations for improving the use
tic violence, dating violence, sexual assault, and
time of the investigation; of the grant funds.
stalking, including—
‘‘(C) customizing investigative approaches to ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) an individual working for or on behalf of
ensure a culturally and linguistically appro- The Attorney General shall carry out this sec-
an eligible entity;
priate approach to the community being served; tion using amounts otherwise available to the
‘‘(B) a school or university administrator or
‘‘(D) becoming proficient in understanding Attorney General.
personnel (including a campus police officer or
and responding to complex cases, including ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this
a school resource officer); and
cases of domestic violence, dating violence, sex- section shall be construed to interfere with the
‘‘(C) an emergency services or medical em-
ual assault, or stalking— due process rights of any individual.’’.
ployee;
‘‘(i) facilitated by alcohol or drugs; TITLE III—SERVICES, PROTECTION, AND
‘‘(3) the term ‘demonstration site’, with re- ‘‘(ii) involving strangulation;
spect to an eligible entity that receives a grant JUSTICE FOR YOUNG VICTIMS
‘‘(iii) committed by a non-stranger;
under this section, means— ‘‘(iv) committed by an individual of the same SEC. 301. RAPE PREVENTION AND EDUCATION
‘‘(A) if the eligible entity is a law enforcement sex as the victim; GRANT.
agency described in paragraph (4)(A), the area ‘‘(v) involving a victim with a disability; Section 393A of the Public Health Service Act
over which the eligible entity has jurisdiction; ‘‘(vi) involving a male victim; or (42 U.S.C. 280b–1b) is amended—
and ‘‘(vii) involving a lesbian, gay, bisexual, or (1) in subsection (a)—
‘‘(B) if the eligible entity is an organization or transgender (commonly referred to as ‘LGBT’) (A) in paragraph (2), by inserting before the
agency described in paragraph (4)(B), the area victim; semicolon at the end the following ‘‘or digital
over which a law enforcement agency described ‘‘(E) developing collaborative relationships be- services (as such term is defined in section
in paragraph (4)(A) that is working in collabo- tween— 40002(a) of the Violence Against Women Act of
ration with the eligible entity has jurisdiction; ‘‘(i) law enforcement officers and other mem- 1994)’’;
and bers of the response team; and (B) in paragraph (3), by striking ‘‘profes-
‘‘(4) the term ‘eligible entity’ means— ‘‘(ii) the community being served; and sionals’’ and inserting ‘‘professionals, including
‘‘(A) a State, local, territorial, or Tribal law ‘‘(F) developing an understanding of how to school-based professionals, to identify and refer
enforcement agency; or define, identify, and correctly classify a report students who may have experienced or are at
‘‘(B) a national, regional, or local victim serv- of domestic violence, dating violence, sexual as- risk of experiencing sexual violence’’; and
ices organization or agency working in collabo- sault, or stalking; and (C) in paragraph (7), by striking ‘‘sexual as-
ration with a law enforcement agency described ‘‘(2) promote the efforts of the eligible entity sault’’ and inserting ‘‘sexual violence, sexual
in subparagraph (A). to improve the response of covered individuals to assault, and sexual harassment’’;
‘‘(b) GRANTS AUTHORIZED.— domestic violence, dating violence, sexual as- (2) in subsection (b), by striking ‘‘Indian trib-
‘‘(1) IN GENERAL.—The Attorney General shall sault, and stalking through various communica- al’’ and inserting ‘‘Indian Tribal’’;
award grants on a competitive basis to eligible tion channels, such as the website of the eligible (3) by redesignating subsection (c) through (d)
entities to carry out the demonstration program entity, social media, print materials, and com- as subsections (d) through (e), respectively;
under this section by implementing evidence- munity meetings, in order to ensure that all cov- (4) by inserting the following new subsection:
based or promising policies and practices to in- ered individuals within the demonstration site ‘‘(c) MEANINGFUL INVOLVEMENT OF STATE
corporate trauma-informed, victim-centered of the eligible entity are aware of those efforts SEXUAL ASSAULT COALITIONS, CULTURALLY SPE-
techniques designed to— and included in trainings, to the extent prac- CIFIC ORGANIZATIONS, AND UNDERSERVED COM-
‘‘(A) prevent re-traumatization of the victim; ticable. MUNITIES.—In granting funds to States, the Sec-
‘‘(B) ensure that covered individuals use evi- ‘‘(d) DEMONSTRATION PROGRAM TRAININGS ON retary shall set forth procedures designed to en-
dence-based practices to respond to and inves- TRAUMA-INFORMED, VICTIM-CENTERED AP- sure meaningful involvement of the State or ter-
tigate cases of domestic violence, dating vio- PROACHES.— ritorial sexual assault coalitions, culturally spe-
lence, sexual assault, and stalking; ‘‘(1) IDENTIFICATION OF EXISTING TRAININGS.— cific organizations, and representatives from un-
‘‘(C) improve communication between victims ‘‘(A) IN GENERAL.—The Attorney General derserved communities in the application for
and law enforcement officers in an effort to in- shall identify trainings for law enforcement offi- and implementation of funding.’’.
crease the likelihood of the successful investiga- cers, in existence as of the date on which the At- (5) in subsection (d) (as redesignated by para-
tion and prosecution of the reported crime in a torney General begins to solicit applications for graph (3))—
manner that protects the victim to the greatest grants under this section, that— (A) in paragraph (1), by striking ‘‘$50,000,000
extent possible; ‘‘(i) employ a trauma-informed, victim-cen- for each of fiscal years 2014 through 2018’’ and
‘‘(D) increase collaboration among stake- tered approach to domestic violence, dating vio- inserting ‘‘$110,000,000 for each of fiscal years
holders who are part of the coordinated commu- lence, sexual assault, and stalking; and 2022 through 2026’’;
nity response to domestic violence, dating vio- ‘‘(ii) focus on the fundamentals of— (B) in paragraph (3), by adding at the end the
lence, sexual assault, and stalking; and ‘‘(I) trauma responses; and following: ‘‘Not less than 80 percent of the total
‘‘(E) evaluate the effectiveness of the training ‘‘(II) the impact of trauma on victims of do- amount made available under this subsection in
process and content by measuring— mestic violence, dating violence, sexual assault, each fiscal year shall be awarded in accordance
‘‘(i) investigative and prosecutorial practices and stalking. with this paragraph.’’; and
and outcomes; and ‘‘(B) SELECTION.—An eligible entity that re- (C) by adding at the end the following:
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‘‘(ii) the well-being of victims and their satis- ceives a grant under this section shall select one ‘‘(4) STATE, TERRITORIAL, AND TRIBAL SEXUAL
faction with the criminal justice process. or more of the approaches employed by a train- ASSAULT COALITION ALLOTMENT.—Of the total
‘‘(2) TERM.—The Attorney General shall make ing identified under subparagraph (A) to test amount made available under this subsection in
grants under this section for each of the first 2 within the demonstration site of the eligible en- each fiscal year, not less than 15 percent shall
fiscal years beginning after the date of enact- tity. be available to state, territorial, and tribal sex-
ment of this Act. ‘‘(2) CONSULTATION.—In carrying out para- ual assault coalitions for the purposes of coordi-
‘‘(3) AWARD BASIS.—The Attorney General graph (1), the Attorney General shall consult nating and providing prevention activities, pro-
shall award grants under this section to mul- with the Director of the Office for Victims of viding assistance to prevention programs, and
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H1438 CONGRESSIONAL RECORD — HOUSE March 17, 2021
collaborating and coordinating with Federal, (B) in paragraph (2)(A), by striking ‘‘para- (2) in subsection (c)(3), by striking ‘‘2014
State, Tribal, and local entities engaged in sex- graph (1)’’ and inserting ‘‘subparagraph (A) or through 2018’’ and inserting ‘‘2022 through
ual violence prevention. From amounts appro- (B) of paragraph (1)’’; 2026’’;
priated for grants under this subsection for each (4) in subsection (d)(3), by striking ‘‘stalking, (3) in subsection (d)—
fiscal year, not less than 10 percent of funds and sex trafficking’’ and inserting ‘‘and stalk- (A) in paragraph (3)(B), by striking ‘‘for all
shall be available for grants to tribal sexual as- ing, including training on working with youth incoming students’’ and inserting ‘‘for all stu-
sault coalitions, and the remaining funds shall in underserved populations (and, where inter- dents’’;
be available for grants to State and territorial vention or programming will include a focus on (B) by amending paragraph (3)(D) to read as
coalitions, and the Attorney General shall allo- female genital mutilation, or on sex trafficking, follows:
cate an amount equal to 1⁄56 of the amounts so sufficient training on those topics)’’; and ‘‘(D) The grantee shall train all participants
appropriated to each of those State and terri- (5) in subsection (f), by striking ‘‘$15,000,000 in the resolution process, including the Title IX
torial coalitions. Receipt of an award under this for each of fiscal years 2014 through 2018’’ and coordinator’s office and student conduct office,
subsection by each sexual assault coalition shall inserting ‘‘$25,000,000 for each of fiscal years to respond effectively to situations involving do-
not preclude the coalition from receiving addi- 2022 through 2026’’. mestic violence, dating violence, sexual assault,
tional grants or administering funds to carry SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES or stalking.’’; and
out the purposes described in subsection (a).’’. ON CAMPUSES.
(C) in paragraph (4)(C), by inserting after
(6) by adding at the end the following: (a) IN GENERAL.—Section 304 of the Violence
‘‘(f) REPORT.—Not later than 1 year after the ‘‘sex,’’ the following: ‘‘sexual orientation, gen-
Against Women and Department of Justice Re- der identity,’’; and
date of the enactment of the Violence Against authorization Act of 2005 (34 U.S.C. 20125) is
Women Act Reauthorization Act of 2021, the (4) in subsection (e), by striking ‘‘$12,000,000
amended— for each of fiscal years 2014 through 2018’’ and
Secretary, acting through the Director of the (1) in subsection (b)—
Centers for Disease Control and Prevention, inserting ‘‘$16,000,000 for each of fiscal years
(A) by amending paragraph (2) to read as fol-
shall submit to Congress, the Committee on Ap- 2022 through 2026’’.
lows:
propriations and the Committee on Energy and ‘‘(2) To develop, strengthen, and implement (b) REPORT ON BEST PRACTICES REGARDING
Commerce of the House of Representatives, and DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
campus policies, protocols, and services that
the Committee on Appropriations and the Com- ASSAULT, AND STALKING ON CAMPUSES.—Not
more effectively identify and respond to the
mittee on Health, Education, Labor, and Pen- later than 1 year after the date of enactment of
crimes of domestic violence, dating violence, sex-
sions of the Senate a report on the activities this Act, the Secretary of Education shall sub-
ual assault and stalking, including the use of
funded by grants awarded under this section mit to Congress a report, which includes—
technology to commit these crimes, and to train
and best practices relating to rape prevention campus administrators, campus security per- (1) an evaluation of programs, events, and
and education.’’. sonnel, and all participants in the resolution educational materials related to domestic vio-
SEC. 302. CREATING HOPE THROUGH OUTREACH, process, including personnel from the Title IX lence, dating violence, sexual assault, and stalk-
OPTIONS, SERVICES, AND EDU- coordinator’s office, student conduct office, and ing; and
CATION (CHOOSE) FOR CHILDREN campus disciplinary or judicial boards on such (2) an assessment of best practices and guid-
AND YOUTH. ance from the evaluation described in para-
policies, protocols, and services.’’;
Section 41201 of the Violent Crime Control and (B) by amending paragraph (3) to read as fol- graph (1), which shall be made publicly avail-
Law Enforcement Act of 1994 (34 U.S.C. 12451) is lows: able online to universities and college campuses
amended— ‘‘(3) To provide prevention and education pro- to use as a resource.
(1) in subsection (a)—
gramming about domestic violence, dating vio- TITLE IV—VIOLENCE REDUCTION
(A) by striking ‘‘stalking, or sex trafficking’’
lence, sexual assault, and stalking, including PRACTICES
and inserting ‘‘or stalking’’; and
(B) by adding at the end the following: technological abuse and reproductive and sex- SEC. 401. STUDY CONDUCTED BY THE CENTERS
‘‘Grants awarded under this section may be ual coercion, that is age-appropriate, culturally FOR DISEASE CONTROL AND PRE-
used to address sex trafficking or bullying as relevant, ongoing, delivered in multiple venues VENTION.
part of a comprehensive program focused pri- on campus, accessible, promotes respectful non- Section 402 of the Violence Against Women
marily on domestic violence, dating violence, violent behavior as a social norm, and engages and Department of Justice Reauthorization Act
sexual assault, or stalking.’’; men and boys. Such programming should be de- of 2005 (42 U.S.C. 280b–4) is amended—
(2) in subsection (b)— veloped in partnership or collaboratively with (1) in subsection (b), by striking ‘‘violence
(A) in paragraph (1)— experts in intimate partner and sexual violence against women’’ and inserting ‘‘violence against
(i) in the matter preceding subparagraph prevention and intervention.’’; adults, youth,’’; and
(A)— (C) in paragraph (4), by inserting after ‘‘im- (2) in subsection (c), by striking ‘‘2014 through
(I) by striking ‘‘target youth who are victims prove delivery of’’ the following: ‘‘primary pre- 2018’’ and inserting ‘‘2022 through 2026’’.
of domestic violence, dating violence, sexual as- vention training and’’;
SEC. 402. SAVING MONEY AND REDUCING TRAGE-
sault, stalking, and sex trafficking’’ and insert- (D) in paragraph (9), by striking ‘‘and pro- DIES (SMART) THROUGH PREVEN-
ing ‘‘target youth, including youth in under- vide’’ and inserting ‘‘, provide, and dissemi- TION GRANTS.
served populations who are victims of domestic nate’’; Section 41303 of the Violence Against Women
violence, dating violence, sexual assault, stalk- (E) in paragraph (10), by inserting after ‘‘or
Act of 1994 (34 U.S.C. 12463) is amended—
ing, and sex trafficking’’; and adapt’’ the following ‘‘and disseminate’’; and
(1) in subsection (b)(1)—
(II) by striking ‘‘specific services’’ and insert- (F) by inserting after paragraph (10) the fol-
(A) in subparagraph (C), by striking ‘‘and’’ at
ing ‘‘specific services, restorative practices’’; lowing:
(ii) in subparagraph (B), by striking ‘‘or’’ at ‘‘(11) To train campus health centers and ap- the end;
the end; propriate campus faculty, such as academic ad- (B) in subparagraph (D), by striking the pe-
(iii) in subparagraph (C), by striking the pe- visors or professionals who deal with students riod at the end and inserting ‘‘; and’’; and
riod at the end and inserting a semicolon; and on a daily basis, on how to recognize and re- (C) by adding at the end the following:
(iv) by inserting after subparagraph (C) the spond to domestic violence, dating violence, sex- ‘‘(E) strategies within each of these areas ad-
following: ual assault, and stalking, including training dressing the unmet needs of underserved popu-
‘‘(D) clarify State or local mandatory report- health providers on how to provide universal lations.’’;
ing policies and practices regarding peer-on-peer education to all members of the campus commu- (2) in subsection (b)(2)(B), by inserting ‘‘cul-
dating violence, sexual assault, stalking, and nity on the impacts of violence on health and turally specific,’’ after ‘‘after-school,’’;
sex trafficking; or unhealthy relationships and how providers can (3) in subsection (d)(3)—
‘‘(E) develop, enlarge, or strengthen culturally support ongoing outreach efforts. (A) in subparagraph (A), by striking ‘‘and’’ at
specific victim services and response related to, ‘‘(12) To train campus personnel in how to use the end;
and prevention of, female genital mutilation.’’; a victim-centered, trauma-informed interview (B) in subparagraph (B), by striking the pe-
and technique, which means asking questions of a riod at the end and inserting ‘‘; and’’; and
(B) in paragraph (2)— (C) by adding at the end the following:
student or a campus employee who is reported to
(i) in subparagraph (A), by striking ‘‘stalking, ‘‘(C) include a focus on the unmet needs of
be a victim of sexual harassment, sexual assault,
or sex trafficking’’ and inserting ‘‘stalking, sex underserved populations.’’;
domestic violence, dating violence, or stalking,
trafficking, or female genital mutilation’’;
in a manner that is focused on the experience of (4) in subsection (f), by striking ‘‘$15,000,000
(ii) in subparagraph (B), by striking the semi-
the reported victim, that does not judge or blame for each of fiscal years 2014 through 2018’’ and
colon and inserting the following ‘‘, and restor-
the reported victim for the alleged crime, and inserting ‘‘$45,000,000 for each of fiscal years
ative practices;’’;
(iii) in subparagraph (C), by inserting ‘‘con- that is informed by evidence-based research on 2022 through 2026’’; and
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fidential’’ before ‘‘support services’’; and trauma response. To the extent practicable, (5) in subsection (g), by adding at the end the
(iv) in subparagraph (E), by inserting after campus personnel shall allow the reported vic- following:
‘‘programming for youth’’ the following: ‘‘, in- tim to participate in a recorded interview and to ‘‘(3) REMAINING AMOUNTS.—Any amounts not
cluding youth in underserved populations,’’; receive a copy of the recorded interview. made available under paragraphs (1) and (2)
(3) in subsection (c)— ‘‘(13) To develop and implement restorative may be used for any set of purposes described in
(A) in paragraph (1), by striking ‘‘stalking, or practices (as such term is defined in section paragraphs (1), (2), or (3) of subsection (b), or
sex trafficking’’ and inserting ‘‘or stalking’’; 40002(a) of the Violence Against Women Act of for a project that fulfills two or more of such
and 1994).’’; sets of purposes.’’.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1439
TITLE V—STRENGTHENING THE the use and sharing of their health informa- organizations to engage and partner with
HEALTHCARE SYSTEMS RESPONSE tion’’; healthcare providers to support victims and meet
SEC. 501. GRANTS TO STRENGTHEN THE (F) in subparagraph (B)(ii)— increased referrals from health systems;
HEALTHCARE SYSTEMS RESPONSE (i) by striking ‘‘on-site access to’’; and ‘‘(vi) development of a State-level pilot pro-
TO DOMESTIC VIOLENCE, DATING VI- (ii) by striking ‘‘patients by increasing’’ and gram to—
OLENCE, SEXUAL ASSAULT, AND all that follows through the semicolon and in- ‘‘(I) improve the response of substance use dis-
STALKING. serting the following: ‘‘patients by— order treatment programs, harm reduction pro-
Section 399P of the Public Health Service Act ‘‘(I) increasing the capacity of existing health grams for people who use substances, and sys-
(42 U.S.C. 280g–4) is amended— care professionals, including professionals who tems to domestic violence, dating violence, sex-
(1) in subsection (a)— specialize in trauma and in behavioral and men- ual assault, and stalking;
(A) in paragraph (1), by inserting ‘‘community tal health care (including substance abuse dis- ‘‘(II) improve the capacity of substance use
health workers, violence prevention advocates order), community health workers, and public disorder treatment programs, harm reduction
working with health providers,’’ after ‘‘health health staff to address domestic violence, dating programs for people who use substances, and
staff,’’; violence, sexual assault, stalking, and children systems to serve survivors of domestic violence,
(B) in paragraph (2)— exposed to violence; dating violence, sexual assault, and stalking
(i) by inserting ‘‘(including midwives and ‘‘(II) contracting with or hiring advocates for dealing with substance use disorder; and
doulas)’’ after ‘‘residents’’; and victims of domestic violence or sexual assault to ‘‘(III) improve the capacity of domestic vio-
(ii) by striking ‘‘and’’ at the end; provide such services; or lence, dating violence, sexual assault, and stalk-
(C) in paragraph (3)— ‘‘(III) providing funding to State domestic and ing programs to serve survivors who has sub-
(i) by striking ‘‘response’’ after ‘‘improve the’’ sexual violence coalitions to improve the capac- stance use history with substance abuse dis-
and inserting ‘‘capacity’’; ity of such coalitions to coordinate and support order; or
(ii) by inserting ‘‘prevent and respond to’’ health advocates and other health system part- ‘‘(vii) development and utilization of existing
after ‘‘(including behavioral and mental health nerships;’’; technical assistance and training resources to
programs) to’’; and (G) in subparagraph (B)(iii)— improve the capacity of substance use disorder
(iii) by striking the period at the end and in- (i) by striking ‘‘identification’’ after ‘‘practice treatment programs and harm reduction pro-
serting a semicolon; and of’’ and inserting ‘‘prevention’’; grams for people who use substances to address
(D) by adding at the end the following: (ii) by inserting ‘‘during in person or virtual domestic violence, dating violence, sexual as-
‘‘(4) the development or enhancement and im- visits,’’ after ‘‘and stalking’’; and sault, and stalking among patients the programs
plementation of training programs to improve (iii) by striking ‘‘and’’ at the end; serve.’’;
the capacity of early childhood programs to ad- (H) in subparagraph (B)(iv)— (9) in subsection (c)(3)(A) by striking the pe-
dress domestic violence, dating violence, sexual (i) by inserting ‘‘and promote prevention dur- riod at the end and inserting the following:
assault, and stalking among families they serve; ing in person or virtual visits,’’ after ‘‘or stalk- ‘‘and—
and ing,’’; and ‘‘(i) culturally specific and population specific
‘‘(5) the development or enhancement and im- (ii) by striking the period at the end; organizations, and specifically organizations
plementation of comprehensive statewide strate- (I) in subparagraph (B), by adding at the end whose leadership include Black or Indigenous
gies for health and violence prevention pro- the following: people, People of Color, or LGBTQ+ individuals;
grams to work together to promote primary pre- ‘‘(v) the development, implementation, dis-
and
vention onf domestic violence, dating violence, semination, and evaluation of best practices, ‘‘(ii) programs developing and implementing
sexual assault, and stalking.’’; tools, and training materials, including cul- community-driven solutions to address domestic
(2) in subsection (b)(1)— turally relevant tools, for behavioral health pro- violence, dating violence, sexual assault, or
(A) in subparagraph (A)(i)— fessionals to identify and respond to domestic stalking, instead of carceral and law enforce-
(i) by inserting ‘‘provide universal education violence, sexual violence, stalking, and dating ment intervention.’’;
on healthy relationships’’ after ‘‘providers to’’; violence; and (10) in subsection (c)(3)(B)(i)(III) by inserting
(ii) by striking ‘‘identify’’; ‘‘(vi) the development and provision of cul- after ‘‘nonprofit entity’’ the following ‘‘, includ-
(iii) by inserting ‘‘trauma-informed’’ after turally relevant training and follow-up tech- ing a culturally-specific organization or commu-
‘‘and provide’’; and nical assistance to health care professionals,
(iv) by striking ‘‘and’’ at the end; nity-based organization working to address the
and public health staff, and allied health pro- social determinants of health,’’;
(B) in subparagraph (A)(ii)— fessionals to identify, assess, treat, and refer cli-
(i) by inserting ‘‘, including labor and sex (11) in subsection (c)(3)(C)(ii)—
ents who are victims of domestic violence, dating (A) by striking ‘‘strategies for’’ and inserting
trafficking’’ after ‘‘other forms of violence and violence, sexual assault, or stalking from cul- ‘‘(I) strategies for’’;
abuse’’; turally specific communities and promote pre- (B) by inserting ‘‘and generations’’ after ‘‘life-
(ii) by striking ‘‘culturally competent clinical’’ vention, using tools and training materials, de- span’’;
after ‘‘plan and develop’’; veloped by and for culturally specific commu- (C) by striking ‘‘settings;’’ and inserting ‘‘set-
(iii) by inserting after ‘‘training components’’ nities, with priority given to trainings provided tings; and’’
the following; ‘‘that center the experiences of by culturally specific organizations; and’’; and (D) by adding at the end the following:
and are developed in collaboration with Black (J) by inserting after subparagraph (B) the ‘‘(II) strategies to address primary prevention
and Indigenous people and People of Color, and following: of domestic violence, dating violence, sexual as-
include community-defined practices such as the ‘‘(C) design and implement comprehensive sault, and stalking over the lifespan and gen-
use of doulas, midwives, and traditional heal- strategies to prevent domestic or sexual violence erations including strategies that address re-
ers,’’; and including through the use of universal edu- lated social determinants of health and center
(iv) by striking ‘‘disparities’’ and inserting cation in clinical and public health settings, economic justice, anti-racism, and that are in-
‘‘inequities’’; hospitals, clinics and other health settings.’’. clusive of all genders and identities including
(C) in subparagraph (A), by inserting after (3) in subsection (b)(2)(A)— LGBTQ+ individuals;’’;
clause (ii) the following: (A) in the heading, by striking ‘‘CHILD AND (12) in subsection (c)(3)(C)(iii)—
‘‘(iii) are designed to be inclusive of the expe- ELDER ABUSE’’ and inserting the following: (A) by inserting ‘‘culturally specific organiza-
riences of all individuals including LGBTQ+ in- ‘‘CHILD ABUSE AND ABUSE IN LATER LIFE’’; and tions’’ after ‘‘advocacy organizations’’; and
dividuals and include training on equity and (B) by striking ‘‘child or elder abuse’’ and in- (B) by striking ‘‘State or tribal law enforce-
anti-racism approaches to health services deliv- serting the following: ‘‘child abuse or abuse in ment task forces (where appropriate)’’;
ery; disparities in access to health-care services later life’’; (13) in subsection (c)(3)(C)(iv) by inserting
and prevention resources; and current and his- (4) in subsection (b)(2)(C)(i), by striking ‘‘(including culturally specific organizations)’’
toric systemic racism in health care services; and ‘‘elder abuse’’ and inserting ‘‘abuse in later after ‘‘service providers’’;
‘‘(iv) include training on the use of universal life’’; (14) in subsection (d)(2)(A)—
prevention education approach to both prevent (5) in subsection (b)(2)(C)(ii), by inserting (A) by inserting ‘‘or behavioral health’’ after
and respond to domestic violence, dating vio- ‘‘programs that promote the prevention of sex- ‘‘of health’’;
lence, sexual assault, or stalking in health care ual assault as well as’’ after ‘‘implementation (B) by inserting ‘‘behavioral’’ after ‘‘physical
settings;’’; of’’; or’’;
(D) in subparagraph (B), in the matter pre- (6) in subsection (b)(2)(C)(iii)— (C) by striking ‘‘mental’’ before ‘‘health
ceding clause (i)— (A) by inserting ‘‘and exposure to violence care’’; and
(i) by striking ‘‘response’’ after ‘‘improve the’’ against generations’’ after ‘‘abuse’’; and (D) by inserting ‘‘, including substance use
and inserting ‘‘capacity’’; and (B) by striking ‘‘or’’ at the end; disorder treatment’’ before ‘‘; or’’;
(ii) by inserting ‘‘prevent and respond to’’ (7) in subsection (b)(2)(C)(iv)— (15) in subsection (d)(2)(B)—
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after ‘‘system to’’; (A) by inserting ‘‘mental health,’’ after ‘‘den- (A) by striking ‘‘or health system’’ and insert-
(E) in subparagraph (B)(i)— tal,’’; and ing ‘‘behavioral health treatment system’’;
(i) by inserting ‘‘and promoting prevention (B) by striking ‘‘exams.’’ and inserting (B) by striking ‘‘mental’’ and inserting ‘‘be-
of’ ’’’ after ‘‘responding to’’; ‘‘exams and certifications;’’; havioral’’; and
(ii) by inserting ‘‘during in person or virtual (8) in subsection (b)(2)(C), by inserting after (C) by inserting ‘‘, or a community-based or-
visits and’’ after ‘‘and stalking’’; and clause (iv) the following: ganization with a history of partnership with
(iii) by inserting after ‘‘follow-up care’’ the ‘‘(v) providing funding to culturally specific programs in the domestic violence, dating vio-
following: ‘‘ and to maximize victim choice on organizations to improve the capacity of such lence, sexual assault, or stalking and health
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H1440 CONGRESSIONAL RECORD — HOUSE March 17, 2021
care, including physical, mental, or behavioral ‘‘(7) DRUG-RELATED CRIMINAL ACTIVITY.—The member of the household because of domestic vi-
health care’’ before the period at the end; term ‘drug-related criminal activity’ has the olence, dating violence, sexual assault, dating
(16) in subsection (g)— meaning given the term in section 3(b)(9) of the violence, or stalking shall not be denied assist-
(A) by striking ‘‘$10,000,000’’ and inserting United States Housing Act of 1937 (42 U.S.C. ance, tenancy, or occupancy rights to housing
‘‘$15,000,000’’; and 1437a(b)(9)). assisted under a covered housing program solely
(B) by striking ‘‘2014 through 2018’’ and in- ‘‘(8) EMERGENCY SOLUTIONS GRANT.—The term on the basis of criminal activity, including drug-
serting ‘‘2022 through 2026’’; and ‘emergency solutions grant’ means a grant pro- related criminal activity, engaged in by the per-
(17) in subsection (h), by striking ‘‘herein’’ vided under subtitle B of title IV of the McKin- petrator of the domestic violence, dating vio-
and ‘‘provided for’’. ney-Vento Homeless Assistance Act (42 U.S.C. lence, sexual assault, or stalking.
TITLE VI—SAFE HOMES FOR VICTIMS 11371 et seq.). ‘‘(II) RULE OF CONSTRUCTION.—Nothing in
‘‘(9) EMERGENCY TRANSFER.—The term ‘emer- subclause (I) shall be construed to limit the au-
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS gency transfer’—
OF DOMESTIC VIOLENCE, DATING VI-
thority to terminate assistance to a tenant or
‘‘(A) except as provided under subparagraph program participant or evict or terminate a ten-
OLENCE, SEXUAL ASSAULT, AND
(B), means a transfer under subsection (e) from ant or program participant from housing as-
STALKING.
a unit of a covered housing provider to any sisted under a covered housing program if a
(a) IN GENERAL.—Section 41411 of the Violence other unit of the same principal, affiliate, or
Against Women Act of 1994 (34 U.S.C. 12491) is public housing agency or an owner, recipient or
management agent of the covered housing pro- subrecipient, or a manager of the housing dem-
amended— vider; and
(1) in subsection (a)— onstrates an actual and imminent threat to
‘‘(B) with respect to a project funded under other tenants, program participants, or individ-
(A) in paragraph (1)(A), by striking ‘‘brother, the Continuum of Care, means a transfer under
sister,’’ and inserting ‘‘sibling,’’; uals employed at or providing service to the
subsection (e) to any unit of the same covered housing if the assistance is not terminated or
(B) in paragraph (3)— housing provider under the same covered hous-
(i) in subparagraph (A), by inserting before the tenant or program participant is not evicted.
ing program. ‘‘(iii) REVIEW PRIOR TO TERMINATION FOR CUR-
the semicolon at the end the following: ‘‘includ- ‘‘(10) EXTERNAL REFERRAL.—The term ‘exter-
ing the direct loan program under such sec- RENT PROGRAM PARTICIPANTS.—Before termi-
nal referral’—
tion’’; ‘‘(A) except as provided under subparagraph nating assistance, tenancy, or occupancy rights
(ii) in subparagraph (D), by striking ‘‘the pro- (B), means a referral provided to a victim of do- to housing assisted under a covered housing
gram under subtitle A of’’ and inserting ‘‘the mestic violence, dating violence, sexual assault, program to a tenant or program participant who
programs under’’; or stalking by a covered housing provider to the is a victim of domestic violence, dating violence,
(iii) in subparagraph (I)— applicable regional office of the Department of sexual assault, or stalking on the basis of crimi-
(I) by striking ‘‘sections 514, 515, 516, 533, and Housing and Urban Development to facilitate a nal activity of the tenant or program partici-
538 of the Housing Act of 1949 (42 U.S.C. 1484, move from a unit of a covered housing provider pant, including drug-related criminal activity—
1485, 1486, 1490m, and 1490p–2)’’ and inserting ‘‘(I) the covered housing provider shall con-
under the same or a different covered housing
‘‘sections 514, 515, 516, 533, 538, and 542 of the sider—
program; and
Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, ‘‘(B) with respect to a project funded under ‘‘(aa) the seriousness of the case;
‘‘(bb) the extent of participation or culpability
1490m, 1490p–2, 1490r)’’; and the Continuum of Care, including any local sys-
of the tenant or program participant, including
(II) by striking ‘‘and’’ at the end; tem funding by the Continuum of Care or a re-
whether the tenant or program participant was
(iv) in subparagraph (J), by striking the pe- cipient or subrecipient of an Emergency Solu-
coerced by the perpetrator of the domestic vio-
riod at the end and inserting a semicolon; and tions Grant, means the facilitation of a move
lence, dating violence, sexual assault, or stalk-
(v) by adding at the end the following: from a unit of a covered housing provider to a
ing;
‘‘(K) the provision of assistance from the unit of a different covered housing provider
‘‘(cc) whether the criminal activity was re-
Housing Trust Fund established under section under the same covered housing program.
‘‘(11) HUD REGIONAL OFFICE.—The term ‘HUD lated to a symptom of a disability, including a
1338 of the Federal Housing Enterprises Finan-
regional office’ means a regional office of the substance use disorder;
cial Safety and Soundness Act of 1992 (12 U.S.C.
Department of Housing and Urban Develop- ‘‘(dd) in cases involving drug-related criminal
4501);
ment. activity or criminal activity involving alcohol
‘‘(L) the provision of assistance for housing
‘‘(12) NATIONAL VAWA VICTIMS RELOCATION abuse, whether the tenant or program partici-
under the Comprehensive Service Programs for
POOL VOUCHER.—The term ‘National VAWA Vic- pant is participating in, or has successfully
Homeless Veterans program under subchapter II
tims Relocation Pool voucher’ means a housing completed, a supervised drug or alcohol rehabili-
of chapter 20 of title 38, United States Code;
voucher provided under section 8(o) of the tation program, or has otherwise been rehabili-
‘‘(M) the provision of assistance for housing
United States Housing Act of 1937 (42 U.S.C. tated successfully; and
and facilities under the grant program for home-
1437f(o)). ‘‘(ee) any other relevant mitigating cir-
less veterans with special needs under section
‘‘(13) PROGRAM PARTICIPANT.—The term ‘pro- cumstances; and
2061 of title 38, United States Code; ‘‘(II) the covered housing program shall pro-
‘‘(N) the provision of assistance for permanent gram participant’ means an individual (includ-
ing an unaccompanied youth) or family who is vide the tenant or program participant with—
housing under the program for financial assist- ‘‘(aa) a written summary of the review con-
ance for supportive services for very low-income assisted by programs under the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360 ducted by the covered housing program; and
veteran families in permanent housing under ‘‘(bb) an opportunity to invoke the applicable
section 2044 of title 38, United States Code; et seq).’’;
(2) in subsection (b)(3)— grievance policy of the covered housing program
‘‘(O) housing assisted under the rent supple- to dispute the findings of the review.’’;
(A) in the paragraph heading, by inserting
ment program under section 101 of the Housing (C) in subparagraph (B)—
after ‘‘CRIMINAL ACTIVITY’’ the following: ‘‘AND
and Urban Development Act of 1965 (12 U.S.C. (i) in the heading, by striking ‘‘BIFURCATION’’
FAMILY BREAK-UP’’;
1701s); and (B) by amending subparagraph (A) to read as and inserting ‘‘FAMILY BREAK-UP’’;
‘‘(P) any other Federal housing programs pro- follows: (ii) by redesignating clauses (i) and (ii) as
viding affordable housing to low- and moderate- ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND OC- clauses (ii) and (iii), respectively;
income persons by means of restricted rents or CUPANCY RIGHTS PROHIBITED.— (iii) by inserting before clause (ii), as so redes-
rental assistance as identified by the appro- ‘‘(i) IN GENERAL.—A tenant, program partici- ignated, the following:
priate agency.’’; and pant, or resident of a unit who is an unreported ‘‘(i) IN GENERAL.—If a family break-up results
(C) by adding at the end the following: member of the household because of domestic vi- from an occurrence of domestic violence, dating
‘‘(4) COLLABORATIVE APPLICANT.—The term olence, dating violence, sexual assault, dating violence, sexual assault, or stalking, and the
‘collaborative applicant’ has the meaning given violence, or stalking shall not be denied assist- perpetrator no longer resides in the unit and
the term in section 401 of the McKinney-Vento ance, tenancy, or occupancy rights to housing was the sole tenant or program participant eligi-
Homeless Assistance Act (42 U.S.C. 11360). assisted under a covered housing program solely ble to receive assistance under a covered hous-
‘‘(5) CONTINUUM OF CARE.—The term ‘Con- on the basis of criminal activity directly relating ing program, the covered housing provider
tinuum of Care’ means the Federal program au- to domestic violence, dating violence, sexual as- shall—
thorized under subtitle C of title IV of the sault, or stalking that is engaged in by a mem- ‘‘(I) provide any other tenant, program partic-
McKinney-Vento Homeless Assistance Act (42 ber of the household of the tenant, program par- ipant, or resident of the unit who is an unre-
U.S.C. 11381 et seq.). ticipant, resident, or any guest or other person ported member of the household because of do-
‘‘(6) COVERED HOUSING PROVIDER.—The term under the control of the tenant, program partic- mestic violence, dating violence, sexual assault,
‘covered housing provider’— ipant, or resident, if the tenant, program partic- dating violence, or stalking the opportunity to
‘‘(A) means the individual or entity under a ipant, resident or an affiliated individual of the establish eligibility for the covered housing pro-
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covered housing program that has responsibility tenant, program participant, or resident is the gram; or
for the administration or oversight of housing victim or threatened victim of such domestic vio- ‘‘(II) provide a tenant, program participant,
assisted under a covered housing program; and lence, dating violence, sexual assault, or stalk- or resident described in subclause (I) with not
‘‘(B) includes public housing agencies, spon- ing. less than 180 days—
sors, owners, mortgagors, managers, grantees ‘‘(ii) CRIMINAL ACTIVITY ENGAGED IN BY PER- ‘‘(aa) to remain in the unit under the same
under the Continuum of Care, State and local PETRATOR OF ABUSE.— terms and conditions as the perpetrator; and
governments or agencies thereof, and nonprofit ‘‘(I) IN GENERAL.—A tenant, program partici- ‘‘(bb) find new housing or establish eligibility
or for-profit organizations or entities. pant, or resident of a unit who is an unreported for another covered housing program.’’;
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1441
(iv) in clause (ii), as so redesignated— agency shall ensure that standardized docu- (f)(2), adopt emergency transfer, external refer-
(I) in the heading, by striking ‘‘IN GENERAL’’ ments relating to the implementation of this title ral, and National VAWA Victim Relocation Pool
and inserting ‘‘EVICTION’’; and are— voucher policies for use by covered housing pro-
(II) by inserting after ‘‘a public housing agen- ‘‘(A) translated into and made available in grams, which shall—
cy’’ the following: ‘‘, participating jurisdictions, multiple languages and are available in formats ‘‘(A) reflect the variations in program oper-
grantees under the Continuum of Care, grant- accessible to persons with disabilities; and ation and administration by covered housing
ees,’’; and ‘‘(B) made accessible to covered housing pro- program type and are in accordance with the
(v) by striking clause (iii), as so redesignated; viders within a reasonable time after adoption Secretary of Housing and Urban Development’s
(D) in subparagraph (C)— of the documents by the appropriate agency.’’; National VAWA Victims Relocation Pool vouch-
(i) in clause (iii), by striking ‘‘or’’ at the end; (5) by amending subsection (e) to read as fol- ers policies and procedures issued within the
(ii) in clause (iv), by striking the period at the lows: timeframe outlined in subsection (f)(1);
end and inserting ‘‘; or’’; and ‘‘(e) EMERGENCY TRANSFERS AND NATIONAL ‘‘(B) at a minimum, describe a process that—
(iii) by adding at the end the following: VAWA VICTIMS RELOCATION POOL POLICIES.— ‘‘(i) permits tenants, program participants, or
‘‘(v) to be limited by any provision in the ‘‘(1) IN GENERAL.—A tenant, program partici- residents who are victims of domestic violence,
United States Housing Act of 1937 (42 U.S.C. pant, or resident of a unit who is an unreported dating violence, sexual assault, or stalking to
1437 et seq.) that provides less protection than member of the household because of domestic vi- move to another available and safe dwelling
subparagraph (A) for victims of domestic vio- olence, dating violence, sexual assault, dating quickly through an emergency transfer, a Na-
lence, dating violence, sexual assault, or stalk- violence, or stalking who is a victim of domestic tional VAWA Victims Relocation Pool voucher,
ing.’’; and violence, dating violence, sexual assault, or or an external referral; and
(E) by inserting after subparagraph (C) the stalking may apply for an emergency transfer or ‘‘(ii) provides that the tenant, program partic-
following: a National VAWA Victims Relocation Pool ipant, or resident can request an emergency
‘‘(D) EARLY TERMINATION.— voucher, or both. transfer or a National VAWA Victims Reloca-
‘‘(i) IN GENERAL.—A covered housing provider ‘‘(2) RESPONSIBLE ENTITY.— tion Pool voucher, or both, whichever is safe
shall permit a tenant or program participant as- ‘‘(A) EMERGENCY TRANSFERS.—A covered and available for the tenant, program partici-
sisted under the covered housing program to ter- housing provider shall grant an emergency pant, or resident; and
minate the lease at any time prior to the end transfer to a tenant or program participant de- ‘‘(C) with respect to a request for an emer-
date of the lease, without penalty, if the tenant scribed in paragraph (1) if— gency transfer, provide that—
‘‘(i) not later than 5 days after the date on
or program participant has been a victim of do- ‘‘(i) the covered housing provider and the ten-
which a covered housing provider receives an
mestic violence, dating violence, sexual assault, ant or program participant determine that a
emergency transfer request from a tenant or pro-
or stalking and the tenant or program partici- safe dwelling unit is available; and
‘‘(ii) the tenant or program participant meets gram participant, the covered housing provider
pant—
‘‘(I) sends notice of the early lease termi- the eligibility criteria described in paragraph shall determine whether the tenant or program
nation to the landlord in writing prior to or (3). participant can be transferred to a safe and
within 3 days of vacating the premises unless a ‘‘(B) VOUCHERS.—The Secretary of Housing available unit;
‘‘(ii) if a safe unit is available, an emergency
shorter notice period is provided for under State and Urban Development and a covered housing
transfer shall occur not later than 10 days after
law; provider authorized to determine eligibility for
the date on which the covered housing provider
‘‘(II)(aa) reasonably believes that the tenant National VAWA Victims Relocation Pool vouch-
approves the request;
or program participant is threatened with immi- ers under policies and procedures established
‘‘(iii) if a safe unit is not available, the cov-
nent harm if the tenant or program participant under subsection (f)(1) shall approve a National
ered housing provider shall provide to the ten-
remains within the same dwelling unit subject to VAWA Victims Relocation Pool voucher for a
ant or program participant—
the lease; or tenant, program participant, or resident of a ‘‘(I) a written status report regarding the sta-
‘‘(bb) has experienced a sexual assault that unit who is an unreported member of the house- tus of the emergency transfer request of the ten-
occurred on the premises during the 90-day pe- hold because of domestic violence, dating vio- ant or program participant; and
riod preceding the request for lease termination; lence, sexual assault, dating violence, or stalk- ‘‘(II) information about National VAWA Vic-
and ing described in paragraph (1) if the tenant, tims Relocation Pool vouchers; and
‘‘(III) provides a form of documentation con- program participant, or resident meets the eligi- ‘‘(iv) if the emergency transfer request has
sistent with the requirements outlined in sub- bility criteria described in paragraph (3). been denied due to reasons unrelated to the
section (c)(3). ‘‘(3) CRITERIA.— availability of a safe and suitable unit, the ten-
‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this ‘‘(A) IN GENERAL.—The applicable responsible ant or program participant may appeal the deci-
subparagraph shall be construed to preclude entity under paragraph (2) shall approve an ap- sion through the applicable grievance or hear-
any automatic termination of a lease by oper- plication submitted by a tenant, program partic- ing process of the covered housing provider;
ation of law. Nothing in this subparagraph ipant, or resident described in paragraph (1) for ‘‘(D) with respect to a request for a National
shall be construed to supersede any provision of an emergency transfer, a National VAWA Vic- VAWA Victims Relocation Pool voucher—
any Federal, State, or local law regarding the tims Relocation Pool voucher, or both, if— ‘‘(i) the request may be made to the Secretary
early termination of leases that provides greater ‘‘(i) the tenant, program participant, or resi- of Housing and Urban Development by a ten-
protection than this subsection for victims of do- dent expressly requests the emergency transfer ant; program participant; resident of the unit
mestic violence, dating violence, sexual assault, or National VAWA Victims Relocation Pool who is an unreported member of the household
or stalking.’’; voucher, or both, from the applicable responsible because of domestic violence, dating violence,
(3) in subsection (c)(4), in the matter pre- entity; and sexual assault, dating violence, or stalking; a
ceding subparagraph (A)— ‘‘(ii)(I) the tenant, program participant, or collaborative applicant of the local Continuum
(A) by striking ‘‘Any information submitted to resident reasonably believes that the tenant or of Care or designee of the collaborative appli-
a public housing agency or owner or manager’’ program participant is threatened with immi- cant; Emergency Solutions Grant recipient or
and inserting ‘‘Covered housing providers shall nent harm from further violence if the tenant or subrecipient; a public housing agency; or the
ensure any information submitted’’; and program participant remains within the same covered housing provider; and
(B) by inserting after ‘‘owner or manager’’ the dwelling unit assisted under a covered housing ‘‘(ii) not later than 10 days after the date on
following: ‘‘of housing assisted under a covered program; or which the Secretary of Housing and Urban De-
housing program’’; ‘‘(II) the tenant, program participant, or resi- velopment receives a request for a National
(4) in subsection (d)— dent experienced a sexual assault that occurred VAWA Victims Relocation Pool voucher and the
(A) in paragraph (2)— on the premises during the 90-day period pre- selected relocation jurisdiction of the tenant or
(i) in the matter preceding subparagraph (A), ceding the request for the emergency transfer or program participant, the Secretary shall process
by striking ‘‘an applicant for or tenants of’’ and National VAWA Victims Relocation Pool vouch- the request and refer administration of the Na-
inserting ‘‘all individuals and families seeking er. tional VAWA Victims Relocation Pool voucher
housing or services from programs under title IV ‘‘(B) GOOD STANDING.—Regardless of whether to the appropriate public housing agency of the
of the McKinney-Vento Homeless Assistance Act a tenant, program participant, or resident is in selected jurisdiction of the tenant; program par-
(42 U.S.C. 11360 et seq.), all program partici- good standing, the tenant, program participant, ticipant; or resident of the unit who is an unre-
pants of, all adult members of applicant house- or resident retains the right to an emergency ported member of the household because of do-
holds for, and all adult tenants of’’; and transfer or a National VAWA Victims Reloca- mestic violence, dating violence, sexual assault,
(ii) in subparagraph (D), by striking ‘‘guid- tion Pool voucher if the tenant, program partici- dating violence, or stalking;
ance issued by the Secretary of Housing and pant, or resident otherwise meets the eligibility ‘‘(E) allow a victim of domestic violence dat-
Urban Development’’ and inserting ‘‘title VI of requirements in this subsection. The tenant, ing violence, sexual assault, or stalking to tem-
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the Civil Rights Act of 1964 (42 U.S.C. 2000d et program participant, or resident shall also meet porarily relocate, while maintaining eligibility
seq.) and any guidance issued by the appro- the eligibility requirements of the program to for the covered housing program without the
priate agencies related to language access for which the tenant, program participant, or resi- loss of their housing status, if there are no alter-
persons with limited English proficiency’’;’’; dent intends to transfer unless the eligibility re- native comparable housing program units avail-
and quirement is waived by the covered housing pro- able, until an emergency transfer, a National
(B) by adding at the end the following: gram. VAWA Victims Relocation Pool voucher, or an
‘‘(3) TRANSLATION AND AVAILABILITY OF ‘‘(4) POLICIES.—Each appropriate agency external referral resulting in comparable safe
STANDARDIZED DOCUMENTS.—Each appropriate shall, in the timeframe outlined in subsection housing is obtained;
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H1442 CONGRESSIONAL RECORD — HOUSE March 17, 2021
‘‘(F) mandate that emergency transfers take ral plan consistent with the requirements in ‘‘(21) NATIONAL VAWA VICTIMS RELOCATION
priority over non-emergency transfers; paragraph (4) or (5).’’; POOL VOUCHERS.—
‘‘(G) mandate that emergency transfers are (6) by amending subsection (f) to read as fol- ‘‘(A) IN GENERAL.—The Secretary shall set
not considered new applicants and take priority lows: aside, from amounts made available for rental
over existing external waiting lists for a covered ‘‘(f) POLICIES AND PROCEDURES FOR EMER- assistance under this subsection, amounts for
housing program; GENCY TRANSFER AND NATIONAL VAWA VICTIMS use only for providing such assistance for the
‘‘(H) incorporate confidentiality measures to RELOCATION POOL VOUCHERS.— creation of a National VAWA Victims Reloca-
ensure that the appropriate agency and the cov- ‘‘(1) IN GENERAL.—Not later than 60 days after tion Pool, which shall provide rental assistance
ered housing provider do not disclose any infor- the date of enactment of the Violence Against on behalf of tenants, program participants, or
mation regarding a tenant, program participant, Women Act Reauthorization Act of 2021, the residents who are victims of domestic violence,
or resident who is victim of domestic violence, Secretary of Housing and Urban Development dating violence, sexual assault, and stalking eli-
dating violence, sexual assault, or stalking, in- shall establish policies and procedures under gible for assistance under section 41411(e) of the
cluding the location of a new dwelling unit to which a tenant, program participant, or resi- Violence Against Women Act of 1994 (34 U.S.C.
any person or entity without the time-limited dent of a unit who is an unreported member of 12491(e)).
written authorization of the tenant or program the household because of domestic violence, dat- ‘‘(B) TERMINATION OF VOUCHERS UPON TURN-
participant, and communication by a covered ing violence, sexual assault, dating violence, or OVER.—A public housing agency shall not re-
housing provider with a victim must be in a stalking may receive, under subsection (e), sub- issue assistance that is made available from ap-
form and manner that the victim determines to ject to the availability of funds, a National propriated funds under this subsection for a
be safe; and VAWA Victims Relocation Pool voucher. tenant, program participant, or resident when
‘‘(I) mandate that when a tenant or program ‘‘(2) APPROPRIATE AGENCIES.—Not later than the assistance for the tenant, program partici-
participant submits an emergency transfer re- 180 days after the date of enactment of the Vio- pant, or resident is lawfully terminated, unless
quest to a covered housing provider, the covered lence Against Women Act Reauthorization Act specifically authorized by the Secretary.
housing provider shall provide contact informa- of 2021, the head of each appropriate agency ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—
tion for— shall establish the policies required under sub- Beginning in fiscal year 2022 and each fiscal
‘‘(i) local organizations offering assistance to section (e) with respect to emergency transfers year thereafter, there are authorized to be ap-
tenants and other housing providers who may and external referrals. Each appropriate agency propriated $20,000,000 to provide vouchers for
have safe and available housing; or shall also establish agency-specific policies and rental assistance under this paragraph.’’.
‘‘(ii) contact information for the regional procedures in accordance with the Secretary of SEC. 602. ENSURING COMPLIANCE AND IMPLE-
HUD office or applicable public housing agency. Housing and Urban Development’s National MENTATION; PROHIBITING RETALIA-
‘‘(5) DUTIES OF COLLABORATIVE APPLICANTS OF VAWA Victims Relocation Pool vouchers poli- TION AGAINST VICTIMS.
A LOCAL CONTINUUM OF CARE.—In addition to cies and procedures.’’; Chapter 2 of subtitle N of title IV of the Vio-
adopting the policies described in paragraph (4) (7) by redesignating subsection (g) as sub- lence Against Women Act of 1994 (34 U.S.C.
in an emergency transfer policy, the collabo- section (h); 12491 et seq.) is amended by inserting after sec-
rative applicant of each local Continuum of (8) by inserting after subsection (f) the fol- tion 41411 the following:
Care, or a designee of the collaborative appli- lowing: ‘‘SEC. 41412. COMPLIANCE REVIEWS.
cant, shall— ‘‘(g) TRAINING AND REFERRALS.—
‘‘(1) TRAINING FOR STAFF OF COVERED HOUSING ‘‘(a) REGULAR COMPLIANCE REVIEWS.—
‘‘(A) coordinate and facilitate emergency ‘‘(1) IN GENERAL.—Each appropriate agency
PROGRAMS.—
transfers and external referrals across projects shall establish a process by which to review
‘‘(A) IN GENERAL.—The Secretary of Housing
funded under the Continuum of Care; compliance with the requirements of this sub-
and Urban Development, in partnership with
‘‘(B) prioritize an external referral across title, which shall—
domestic and sexual violence experts, shall de-
projects funded under the Continuum of Care ‘‘(A) in consultation with the Violence
velop mandatory in-person or electronic training
for the next available safe housing option for Against Women Director described in section
for staff of covered housing providers to provide
which a tenant or program participant may be 41413 and any other relevant officials of the ap-
a basic understanding of domestic violence, dat-
eligible; propriate agency, be incorporated into other ex-
ing violence, sexual assault, and stalking, and
‘‘(C) coordinate external referrals with the isting compliance review processes of the appro-
to facilitate implementation of this section.
collaborative applicant of the local Continuum priate agency; and
‘‘(B) APPROPRIATE STAFF.—Each covered
of Care, or designee of the collaborative appli- ‘‘(B) examine—
housing provider shall identify—
cant, in other jurisdictions in cases where a ten- ‘‘(i) appropriate staff to attend the basic un- ‘‘(i) covered housing provider compliance with
ant or program participant requests an out-of- derstanding training described in subparagraph requirements prohibiting the denial of assist-
jurisdiction transfer; (A) periodically; and ance, tenancy, or occupancy rights on the basis
‘‘(D) ensure that a tenant or program partici- ‘‘(ii) appropriate staff engaged in tenant, pro- of domestic violence, dating violence, sexual as-
pant is not required to be reassessed and retains gram participant, or resident services to attend sault, or stalking;
chronically homeless status, if applicable, both the basic understanding training and the ‘‘(ii) covered housing provider compliance
through the local Continuum of Care intake implementation training described in subpara- with confidentiality provisions set forth in sec-
process when seeking an emergency transfer or graph (A) as necessary. tion 41411(c)(4);
external referral placement; and ‘‘(2) REFERRALS.—The appropriate agency ‘‘(iii) covered housing provider compliance
‘‘(E) ensure costs associated with temporary with respect to each covered housing program with the notification requirements set forth in
relocations described in paragraph (4) are con- and the local Continuum of Care shall supply section 41411(d)(2);
sidered eligible costs of supportive services under all appropriate staff of the covered housing pro- ‘‘(iv) covered housing provider compliance
the Continuum of Care program. viders with a referral listing of public contact with accepting documentation set forth in sec-
‘‘(6) REGIONAL OFFICES.—Each HUD regional information for all domestic violence, dating vio- tion 41411(c);
office shall— lence, sexual assault, and stalking service pro- ‘‘(v) covered housing provider compliance
‘‘(A) in collaboration with public housing viders offering services in its coverage area. with emergency transfer, external referral, and
agencies and the entities described in paragraph ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— National VAWA Victims Relocation Pool Vouch-
(2), develop and implement a regional emergency There are authorized to be appropriated to carry er requirements set forth in section 41411(e); and
transfer and external referral plan, which out this subsection such sums as may be nec- ‘‘(vi) covered housing provider compliance
shall— essary for each of fiscal years 2022 through with the prohibition on retaliation set forth in
‘‘(i) set forth how covered housing providers 2026.’’; and section 41414.
shall coordinate external referrals with the (9) by inserting after subsection (h), as so re- ‘‘(2) FREQUENCY.—Each appropriate agency
HUD regional office; designated, the following: shall conduct the review described in paragraph
‘‘(ii) be submitted to the Violence Against ‘‘(i) RULES OF CONSTRUCTION.—Nothing in (1) on a regular basis, as determined by the ap-
Women Director described in section 41413 and this section shall be construed— propriate agency.
made publicly available; and ‘‘(1) to limit any right, remedy, or procedure ‘‘(b) REGULATIONS.—Not later than 1 year
‘‘(iii) include any additional policies, prior- otherwise available to enforce the Violence after the date of enactment of the Violence
ities, and strategies set by the entities described Against Women Act of 2005 (Public Law 109–162; Against Women Act Reauthorization Act of
in paragraph (5); and 119 Stat. 2960) and subsequent amendments 2021, each appropriate agency shall issue regu-
‘‘(B) in consultation with the Violence prior to the date of enactment of the Violence lations to implement subsection (a), which
Against Women Director described in section Against Women Act Reauthorization Act of shall—
41413, facilitate external referral requests for 2021; or ‘‘(1) define standards of compliance for cov-
tenants or program participants who are victims ‘‘(2) to supersede any provision of any Fed- ered housing providers;
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of domestic violence, dating violence, sexual as- eral, State, or local law that provides greater ‘‘(2) include detailed reporting requirements,
sault, or stalking if the tenant or program par- protection than this section for victims of domes- including the number of emergency transfers,
ticipant cannot obtain an emergency transfer or tic violence, dating violence, sexual assault, or external referrals, and National VAWA Victims
a National VAWA Victims Relocation Pool stalking.’’. Relocation Pool vouchers requested and grant-
voucher. (b) NATIONAL VAWA VICTIMS RELOCATION ed, as well as the length of time needed to proc-
‘‘(7) COVERED HOUSING PROVIDERS.—Each cov- POOL VOUCHERS.—Section 8(o) of the United ess emergency transfers, National VAWA Vic-
ered housing provider shall develop and imple- States Housing Act of 1937 (42 U.S.C. 1437f(o)) is tims Relocation Pool vouchers, and external re-
ment an emergency transfer and external refer- amended by adding at the end the following: ferrals; and
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1443
‘‘(3) include standards for corrective action nal referral plans and officials at each appro- ‘‘(B) shall not be penalized based on their re-
plans where a covered housing provider has priate agency relating to the development of quests for assistance or based on criminal activ-
failed to meet compliance standards. Federal regulations, policy, protocols, and ity of which they are a victim or otherwise not
‘‘(c) PUBLIC DISCLOSURE.—Each appropriate guidelines regarding uniform timeframes for the at fault under statutes, ordinances, regulations,
agency shall ensure that an agency-level assess- completion of emergency transfers, National or policies adopted or enforced by covered gov-
ment of the information collected during the VAWA Victims Relocation Pool vouchers, and ernmental entities.
compliance review process completed pursuant external referrals; ‘‘(2) PROHIBITED PENALTIES.—Penalties that
to this subsection— ‘‘(12) coordinate with each appropriate agen- are prohibited under paragraph (1) include—
‘‘(1) includes an evaluation of each topic cy to ensure that standardized documents relat- ‘‘(A) actual or threatened assessment of pen-
identified in subsection (a); and ing to the implementation of this title are trans- alties, fees, or fines;
‘‘(2) is made publicly available. lated into and made available in multiple lan- ‘‘(B) actual or threatened eviction;
‘‘SEC. 41413. DEPARTMENT OF HOUSING AND guages, are accessible to persons with disabil- ‘‘(C) actual or threatened refusal to rent or
URBAN DEVELOPMENT VIOLENCE ities, and made accessible to covered housing renew tenancy;
AGAINST WOMEN DIRECTOR. providers within a reasonable time upon adop- ‘‘(D) actual or threatened refusal to issue an
‘‘(a) ESTABLISHMENT.—There shall be, within tion of the documents by the appropriate agen- occupancy permit or landlord permit; and
the Office of the Secretary of the Department of cy; ‘‘(E) actual or threatened closure of the prop-
Housing and Urban Development, a Violence ‘‘(13) ensure that the documents described in erty, or designation of the property as a nui-
Against Women Director (in this section referred paragraph (11), including guidance and notices sance or a similarly negative designation.
to as the ‘Director’). to victims, are distributed in commonly encoun- ‘‘(c) REPORTING.—Consistent with the process
‘‘(b) DUTIES.—The Director shall— tered languages by covered housing providers described in section 104(b) of the Housing and
‘‘(1) support implementation of the provisions consistent with title VI of the Civil Rights Act of Community Development Act of 1974 (42 U.S.C.
of this subtitle; 1964 (42 U.S.C. 2000d et seq.) and any guidance 5304(b)), covered governmental entities shall—
‘‘(2) coordinate development of Federal regu- issued by the appropriate agencies in accord- ‘‘(1) report any of their laws or policies, or, as
lations, policy, protocols, and guidelines on ance with Executive Order 13166 (42 U.S.C. applicable, the laws or policies adopted by sub-
matters relating to the implementation of this 2000d–1 note; relating to access to services for grantees, that impose penalties on landlords,
subtitle, at each agency administering a covered persons with limited English proficiency); and homeowners, residents, occupants, guests, or
housing program; ‘‘(14) in consultation with each appropriate housing applicants based on requests for law
‘‘(3) advise and coordinate with designated of- agency, identify existing compliance review enforcement or emergency assistance or based
ficials within the United States Interagency processes that could incorporate the compliance on criminal activity that occurred at a property;
Council on Homelessness, the Department of reviews required under section 41412(a). and
Housing and Urban Development, the Depart- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) certify that they are in compliance with
ment of the Treasury, the Department of Agri- There are authorized to be appropriated to carry the protections under this subtitle or describe
culture, the Department of Health and Human out this section such sums as may be necessary the steps the covered governmental entities will
Services, the Department of Veterans Affairs, for each of fiscal years 2022 through 2026. take within 180 days to come into compliance, or
and the Department of Justice concerning legis- ‘‘SEC. 41414. PROHIBITION ON RETALIATION. to ensure compliance among subgrantees.
lation, implementation, and other issues relating ‘‘(a) NONDISCRIMINATION REQUIREMENT.—No ‘‘(d) OVERSIGHT.—Oversight and account-
to or affecting the housing provisions under this covered housing provider shall discriminate ability mechanisms provided for under title VIII
subtitle; against any person because that person has op- of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
‘‘(4) provide technical assistance, coordina- posed any act or practice made unlawful by this seq.) shall be available to address violations of
tion, and support to each appropriate agency subtitle, or because that individual testified, as- this section.
regarding advancing housing protections and sisted, or participated in any matter related to ‘‘(e) SUBGRANTEES.—For those covered govern-
access to housing for victims of domestic vio- this subtitle. mental entities that distribute funds to sub-
lence, dating violence, sexual assault, and stalk- ‘‘(b) PROHIBITION ON COERCION.—No covered grantees, compliance with subsection (c)(1) in-
ing, including compliance with this subtitle; housing provider shall coerce, intimidate,
‘‘(5) ensure that adequate technical assistance cludes inquiring about the existence of laws and
threaten, or interfere with, or retaliate against, policies adopted by subgrantees that impose
is made available to covered housing providers any person in the exercise or enjoyment of, or
regarding implementation of this subtitle, as penalties on landlords, homeowners, residents,
on account of the person having exercised or en- occupants, guests, or housing applicants based
well as other issues related to advancing hous- joyed, or on account of the person having aided
ing protections for victims of domestic violence, on requests for law enforcement or emergency
or encouraged any other individual in the exer- assistance or based on criminal activity that oc-
dating violence, sexual assault, and stalking, cise or enjoyment of, any rights or protections
including compliance with this subtitle; curred at a property.’’.
under this subtitle, including— (b) SUPPORTING EFFECTIVE CRIME REDUCTION
‘‘(6) act as a liaison with the judicial branches ‘‘(1) intimidating or threatening any person
of Federal, State, and local governments on METHODS.—
because that person is assisting or encouraging
matters relating to the housing needs of victims (1) ADDITIONAL AUTHORIZED USE OF BYRNE-JAG
an individual entitled to claim the rights or pro-
of domestic violence, dating violence, sexual as- FUNDS.—Section 501(a)(1) of subpart 1 of part E
tections under this subtitle; and
sault, and stalking; ‘‘(2) retaliating against any person because of title I of the Omnibus Crime Control and Safe
‘‘(7) implement a quality control system and a that person has participated in any investiga- Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
corrective action plan system for those covered tion or action to enforce this subtitle. amended by adding after subparagraph (H) the
housing providers that fail to comply with this ‘‘(c) ENFORCEMENT AUTHORITY OF THE ATTOR- following:
subtitle, wherein— NEY GENERAL THE SECRETARY.—The authority ‘‘(I) Programs for the development and imple-
‘‘(A) covered housing providers completing of the Attorney General, the Secretary of Hous- mentation of methods of reducing crime in com-
corrective action plans shall be required to con- ing and Urban Development, and the Office for munities, to supplant punitive programs or poli-
sult with national, State, or local programs fo- Fair Housing and Equal Opportunity to enforce cies. For purposes of this subparagraph, a puni-
cused on victims of domestic violence, dating vi- this section shall be the same as the Fair Hous- tive program or policy is a program or policy
olence, sexual assault, or stalking; and ing Act (42 U.S.C. 3610 et seq.).’’. that—
‘‘(B) the corrective action plans shall include SEC. 603. PROTECTING THE RIGHT TO REPORT ‘‘(i) imposes a penalty described in section
provisions requiring covered housing providers CRIME FROM ONE’S HOME. 41415(b)(2) of the Violence Against Women Act
to review and develop appropriate notices, pro- (a) IN GENERAL.—Chapter 2 of subtitle N of of 1994 on the basis of a request for law enforce-
cedures, and staff training to improve compli- title IV of the Violence Against Women Act of ment or emergency assistance; or
ance with this subtitle, in consultation with na- 1994 (34 U.S.C. 12491 et seq.), as amended by this ‘‘(ii) imposes a penalty described in section
tional, State, or local programs focused on vic- Act, is further amended by inserting after sec- 41415(b)(2) of the Violence Against Women Act
tims described in subparagraph (A); tion 41414 the following: of 1994 on a landlord, homeowner, tenant, pro-
‘‘(8) establish a formal reporting process to re- ‘‘SEC. 41415. RIGHT TO REPORT CRIME AND EMER- gram participant, resident, occupant, or guest
ceive individual complaints concerning non- GENCIES FROM ONE’S HOME. because of criminal activity at the property, in-
compliance with this subtitle; ‘‘(a) DEFINITION.—In this section, the term cluding domestic violence dating violence, sex-
‘‘(9) coordinate the development of inter- ‘covered governmental entity’ means any munic- ual assault, and stalking, where the landlord,
agency guidelines to improve the availability of ipal, county, or State government that receives homeowner, tenant, program participant, resi-
centralized information concerning available funding under section 106 of the Housing and dent, occupant, or guest was a victim of such
dwelling units for use in facilitating the emer- Community Development Act of 1974 (42 U.S.C. criminal activity.’’.
gency transfer process; 5306). (2) ADDITIONAL AUTHORIZED USE OF COPS
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‘‘(10) coordinate the process for tracking of re- ‘‘(b) RIGHT TO REPORT.— FUNDS.—Section 1701(b) of part Q of title I of the
quests, notice, and approval of National VAWA ‘‘(1) IN GENERAL.—Landlords, homeowners, Omnibus Crime Control and Safe Streets Act of
Victims Relocation Pool vouchers, and further residents, occupants, and guests of, and appli- 1968 (34 U.S.C. 10381(b)) is amended—
implement, as necessary, any policies or proce- cants for, housing— (A) in paragraph (22), by striking ‘‘and’’ after
dures relating to the National VAWA Victims ‘‘(A) shall have the right to seek law enforce- the semicolon;
Relocation Pool vouchers; ment or emergency assistance on their own be- (B) in paragraph (23), by striking the period
‘‘(11) work with HUD regional offices to de- half or on behalf of another person in need of at the end and inserting ‘‘; and’’; and
velop a mechanism to implement regional exter- assistance; and (C) by adding at the end the following:
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H1444 CONGRESSIONAL RECORD — HOUSE March 17, 2021
‘‘(24) to develop and implement methods of re- child or adult victims of domestic violence, dat- that 44 percent of surveyed employed adults ex-
ducing crime in communities, to supplant puni- ing violence, sexual assault, or stalking; perienced the effect of domestic violence in the
tive programs or policies (as such term is defined ‘‘(ii) any activities, services, or programs pro- workplace, and 64 percent indicated their work-
in section 501(a)(1)(I)).’’. vided or offered by a public housing agency that place performance was affected by such vio-
SEC. 604. TRANSITIONAL HOUSING ASSISTANCE helps child and adult victims of domestic vio- lence. Another recent survey found that 78 per-
GRANTS FOR VICTIMS OF DOMESTIC lence, dating violence, sexual assault, or stalk- cent of offenders used workplace resources to
VIOLENCE, DATING VIOLENCE, SEX- ing, to obtain or maintain housing; express anger, check up on, pressure, or threat-
UAL ASSAULT, OR STALKING. ‘‘(iii) any activities, services, or programs pro- en a survivor. Sexual assault, whether occurring
Section 40299 of the Violence Against Women vided or offered by a public housing agency to in or out of the workplace, can impair an em-
Act of 1994 (34 U.S.C. 12351) is amended— prevent domestic violence, dating violence, sex- ployee’s work performance, require time away
(1) in subsection (a), in the matter preceding ual assault, and stalking, or to enhance victim from work, and undermine the employee’s abil-
paragraph (1)— safety in assisted families; and ity to maintain a job. Nearly 50 percent of sex-
(A) by striking ‘‘the Director of the Violence ‘‘(iv) all training and support services offered ual assault survivors lose their jobs or are forced
Against Women Office’’ and inserting ‘‘the Di- to staff of the public housing agency to provide to quit in the aftermath of the assaults.
rector of the Office on Violence Against a basic understanding of domestic violence, dat- (10) Studies find that 60 percent of single
Women’’; and ing violence, sexual assault, and stalking, and women lack economic security and 81 percent of
(B) by inserting after ‘‘, other nonprofit, non- to facilitate implementation of the housing pro- households with single mothers live in economic
governmental organizations’’ the following: ‘‘, tections of section 41411 of the Violence Against insecurity. Significant barriers that survivors
population-specific organizations’’; and Women Act of 1994.’’; and confront include access to housing, transpor-
(2) in subsection (g)— (2) in paragraph (16), by inserting ‘‘the Vio- tation, and child care. Ninety-two percent of
(A) in paragraph (1), by striking ‘‘2014 lence Against Women Act of 1994,’’ before ‘‘the homeless women have experienced domestic vio-
through 2018’’ and inserting ‘‘2022 through Fair Housing Act’’. lence, and more than 50 percent of such women
2026’’; TITLE VII—ECONOMIC SECURITY FOR cite domestic violence as the direct cause for
(B) in paragraph (2), by striking ‘‘5 percent’’ homelessness. Survivors are deprived of their
VICTIMS
and inserting ‘‘8 percent’’; and autonomy, liberty, and security, and face tre-
(C) in paragraph (3)(B), by striking ‘‘0.25 per- SEC. 701. FINDINGS.
mendous threats to their health and safety.
cent’’ and inserting ‘‘0.5 percent’’. Congress finds the following: (11) The Centers for Disease Control and Pre-
SEC. 605. ADDRESSING THE HOUSING NEEDS OF (1) Over 1 in 3 women experience sexual vio- vention report that survivors of severe intimate
VICTIMS OF DOMESTIC VIOLENCE, lence, and 1 in 5 women have survived com- partner violence lose nearly 8 million days of
DATING VIOLENCE, SEXUAL AS- pleted or attempted rape. Such violence has a paid work, which is the equivalent of more than
SAULT, AND STALKING. devastating impact on women’s physical and 32,000 full-time jobs and almost 5,600,000 days of
(a) MCKINNEY-VENTO HOMELESS ASSISTANCE emotional health, financial security, and ability household productivity each year. Therefore,
GRANTS.—Section 423(a) of the McKinney-Vento to maintain their jobs, and thus impacts inter- women disproportionately need time off to care
Homeless Assistance Act (42 U.S.C. 11383(a)) is state commerce and economic security. for their health or to find safety solutions, such
amended by adding at the end the following: (2) The Office on Violence Against Women of as obtaining a restraining order or finding hous-
‘‘(13) Facilitating and coordinating activities the Department of Justice defines domestic vio- ing, to avoid or prevent further violence.
to ensure compliance with subsection (e) of sec- lence as a pattern of abusive behavior in any re- (12) Annual costs of intimate partner violence
tion 41411 of the Violence Against Women Act of lationship that is used by one intimate partner are estimated to be more than $8,300,000,000. Ac-
1994 (34 U.S.C. 12491) and monitoring compli- to gain or maintain power and control over an- cording to the Centers for Disease Control and
ance with the confidentiality protections of sub- other intimate partner. Domestic violence can Prevention, the costs of intimate partner vio-
section (c)(4) of such section.’’. include physical, sexual, emotional, economic, lence against women in 1995 exceeded an esti-
(b) COLLABORATIVE GRANTS TO INCREASE THE or psychological actions or threats of actions mated $5,800,000,000. These costs included near-
LONG-TERM STABILITY OF VICTIMS.—Section that influence another person. Domestic vio- ly $4,100,000,000 in the direct costs of medical
41404(i) of the Violence Against Women Act of lence includes any behaviors that intimidate, and mental health care and nearly
1994 (34 U.S.C. 12474(i)) is amended by striking manipulate, humiliate, isolate, frighten, ter- $1,800,000,000 in the indirect costs of lost pro-
‘‘2014 through 2018’’ and inserting ‘‘2022 rorize, coerce, threaten, blame, hurt, injure, or ductivity. These statistics are generally consid-
through 2026’’. wound an individual. ered to be underestimated because the costs as-
(c) GRANTS TO COMBAT VIOLENCE AGAINST (3) The Centers for Disease Control and Pre- sociated with the criminal justice system are not
WOMEN IN PUBLIC AND ASSISTED HOUSING.—Sec- vention report that domestic violence or intimate included.
tion 41405 of the Violence Against Women Act of partner violence is a serious public health issue (13) Fifty-five percent of senior executives re-
1994 (34 U.S.C. 12475) is amended— for millions of individuals in the United States. cently surveyed said domestic violence has a
(1) in subsection (b), by striking ‘‘the Director Nearly 1 in 4 women and 1 in 9 men in the harmful effect on their company’s productivity,
of the Violence Against Women Office’’ and in- United States have suffered sexual violence, and more than 70 percent said domestic violence
serting ‘‘the Director of the Office on Violence physical violence, or stalking by an intimate negatively affects attendance. Seventy-eight
Against Women’’; partner. percent of human resources professionals con-
(2) in subsection (c)(2)(D), by inserting after (4) Transgender and gender non-conforming sider partner violence a workplace issue. How-
‘‘linguistically and culturally specific service people face extraordinary levels of physical and ever, more than 70 percent of United States
providers,’’ the following: ‘‘population-specific sexual violence. workplaces have no formal program or policy
organizations,’’; and (5) More than 1 in 4 transgender people have that addresses workplace violence, let alone do-
(3) in subsection (g), by striking ‘‘2014 through faced bias-driven assault, and this rate is higher mestic violence. In fact, only four percent of em-
2018’’ and inserting the following: ‘‘2022 through for trans women and trans people of color. ployers provided training on domestic violence.
2026’’. (6) The American Foundation for Suicide Pre- (14) Studies indicate that one of the best pre-
SEC. 606. UNITED STATES HOUSING ACT OF 1937 vention has found that transgender and gender dictors of whether a survivor will be able to stay
AMENDMENTS. non-conforming people had an elevated preva- away from his or her abuser is the degree of his
Section 5A(d) of the United States Housing lence of suicide attempts, especially when they or her economic independence. However, domes-
Act of 1937 (42 U.S.C. 1437c–1(d)) is amended— have suffered physical or sexual violence. tic violence, dating violence, sexual assault, and
(1) by amending paragraph (13) to read as fol- (7) Homicide is one of the leading causes of stalking often negatively impact a survivor’s
lows: death for women on the job. Domestic partners ability to maintain employment.
‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, or relatives commit 43 percent of workplace (15) Abusers frequently seek to exert financial
SEXUAL ASSAULT, OR STALKING PROGRAMS.— homicides against women. One study found that control over their partners by actively inter-
‘‘(A) COPIES.—A copy of— intimate partner violence resulted in 142 homi- fering with their ability to work, including pre-
‘‘(i) all standardized notices issued pursuant cides among women at work in the United States venting their partners from going to work,
to the housing protections under subtitle N of from 2003 to 2008, a figure which represents 22 harassing their partners at work, limiting their
the Violence Against Women Act of 1994, includ- percent of the 648 workplace homicides among partners’ access to cash or transportation, and
ing the notice required under section 41411(d) of women during the period. In fact, in 2010, homi- sabotaging their partners’ child care arrange-
the Violence Against Women Act of 1994; cides against women at work increased by 13 ments.
‘‘(ii) the emergency transfer plan issued pur- percent despite continuous declines in overall (16) Economic abuse refers to behaviors that
suant to section 41411 of the Violence Against workplace homicides in recent years. control an intimate partner’s ability to acquire,
Women Act of 1994; and (8) Women in the United States are 11 times use, and maintain access to, money, credit, own-
‘‘(iii) any and all memoranda of under- more likely to be murdered with guns than ership of assets, or access to governmental or
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standing with other covered housing providers women in other high-income countries. Female private financial benefits, including defaulting
developed to facilitate emergency transfers intimate partners are more likely to be murdered on joint obligations (such as school loans, credit
under section 41411(e) of the Violence Against with a firearm than all other means combined. card debt, mortgages, or rent). Other forms of
Women Act of 1994. The presence of a gun in domestic violence situ- such abuse may include preventing someone
‘‘(B) DESCRIPTIONS.—A description of— ations increases the risk of homicide for women from attending school, threatening to or actu-
‘‘(i) any activities, services, or programs pro- by 500 percent. ally terminating employment, controlling or
vided or offered by an agency, either directly or (9) Violence can have a dramatic impact on withholding access to cash, checking, or credit
in partnership with other service providers, to the survivor of such violence. Studies indicate accounts, and attempting to damage or sabotage
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1445
the creditworthiness of an intimate partner, in- 1986 is amended by striking ‘‘and’’ at the end of ‘sexual assault’, and ‘stalking’ have the mean-
cluding forcing an intimate partner to write bad paragraph (18), by redesignating paragraph (19) ings given such terms in section 3304(g) of the
checks, forcing an intimate partner to default as paragraph (21), and by inserting after para- Internal Revenue Code of 1986.’’.
on payments related to household needs, such graph (18) the following new paragraph: (c) TANF PERSONNEL TRAINING.—Section
as housing, or forcing an intimate partner into ‘‘(19) no person may be denied compensation 402(a) of the Social Security Act (42 U.S.C.
bankruptcy. under such State law solely on the basis of the 602(a)) is amended by adding at the end the fol-
(17) The Patient Protection and Affordable individual having a voluntary separation from lowing new paragraph:
Care Act (Public Law 111–148), and the amend- work if such separation is attributable to such ‘‘(8) CERTIFICATION THAT THE STATE WILL PRO-
ments made by such Act, ensures that most individual being a survivor of domestic vio- VIDE INFORMATION TO VICTIMS OF SEXUAL HAR-
health plans must cover preventive services, in- lence;’’. ASSMENT OR SURVIVORS OF DOMESTIC VIO-
cluding screening and counseling for domestic (2) VICTIMS OF SEXUAL HARASSMENT AND SUR- LENCE.—
violence, at no additional cost. In addition, it VIVORS OF SEXUAL ASSAULT OR STALKING.—Sec- ‘‘(A) IN GENERAL.—A certification by the chief
prohibits insurance companies from discrimi- tion 3304(a) of the Internal Revenue Code of executive officer of the State that the State has
nating against patients for preexisting condi- 1986 is further amended by inserting after para- established and is enforcing standards and pro-
tions, like domestic violence. graph (19), as added by paragraph (1) of this cedures to—
(18) Yet, more can be done to help survivors. subsection, the following new paragraph: ‘‘(i) ensure that applicants and potential ap-
Federal law in effect on the day before the date ‘‘(20) no person may be denied compensation plicants for assistance under the State program
of enactment of this Act does not explicitly— under such State law solely on the basis of the funded under this part are notified of assistance
(A) authorize survivors of domestic violence, individual having a voluntary separation from made available by the State to victims of sexual
dating violence, sexual assault, or stalking to work if such separation is attributable to such harassment and survivors of domestic violence;
take leave from work to seek legal assistance individual being a victim of sexual harassment ‘‘(ii) ensure that case workers and other agen-
and redress, counseling, or assistance with safe- or a survivor of sexual assault or stalking; cy personnel responsible for administering the
ty planning activities; and’’. State program funded under this part are
(B) address the eligibility of survivors of do- (3) DOCUMENTATION REQUIRED.—Section 3304 trained in—
mestic violence, dating violence, sexual assault, of the Internal Revenue Code of 1986 is amended ‘‘(I) the nature and dynamics of sexual har-
or stalking for unemployment compensation; by adding at the end the following new sub- assment and domestic violence;
(C) provide job protection to survivors of do- ‘‘(II) State standards and procedures relating
section:
mestic violence, dating violence, sexual assault, ‘‘(g) VICTIMS OF SEXUAL HARASSMENT AND to the prevention of, and assistance for, individ-
or stalking; or SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL AS- uals who are victims of sexual harassment or
(D) prohibit insurers from disclosing informa- SAULT, OR STALKING.—
survivors of domestic violence; and
tion about abuse and the location of the sur- ‘‘(III) methods of ascertaining and ensuring
‘‘(1) DOCUMENTATION.—For purposes of para-
vivors through insurance databases and other the confidentiality of personal information and
graphs (19) and (20) of subsection (a), a vol-
means. documentation related to an individual’s claim
untary separation of an individual shall be con-
(19) This Act aims to empower survivors of do- about possible experiences of sexual harassment
sidered to be attributable to such individual
mestic violence, dating violence, sexual assault, or domestic violence; and
being a victim of sexual harassment or a sur-
or stalking to be free from violence, hardship, ‘‘(iii) ensure that, if a State has elected to es-
vivor of domestic violence, sexual assault, or
and control, which restrains basic human rights tablish and enforce standards and procedures
stalking if such individual submits such evi-
to freedom and safety in the United States. regarding the screening for, and identification
dence as the State deems sufficient.
SEC. 702. NATIONAL RESOURCE CENTER ON
of, domestic violence pursuant to paragraph
‘‘(2) SUFFICIENT DOCUMENTATION.—For pur-
WORKPLACE RESPONSES TO ASSIST (7)—
poses of paragraph (1), a State shall deem suffi- ‘‘(I) the State program funded under this part
VICTIMS OF DOMESTIC AND SEXUAL cient—
VIOLENCE. provides information about the options under
‘‘(A) evidence of such sexual harassment, do-
Section 41501 of the Violent Crime Control and this part to current and potential beneficiaries;
mestic violence, sexual assault, or stalking in
Law Enforcement Act of 1994 (34 U.S.C. 12501) is and
the form of— ‘‘(II) case workers and other agency personnel
amended— ‘‘(i) a sworn statement and a form of identi-
(1) in subsection (a)— responsible for administering the State program
fication; funded under this part are provided with train-
(A) by inserting ‘‘and sexual harassment’’
‘‘(ii) a police or court record; or
after ‘‘domestic and sexual violence’’; and ing regarding State standards and procedures
‘‘(iii) documentation from a professional from
(B) by striking ‘‘employers and labor organi- pursuant to paragraph (7).
whom such individual has sought assistance, in- ‘‘(B) DEFINITIONS.—For purposes of this para-
zations’’ and inserting ‘‘employers, labor orga-
cluding those associated with medical, legal, or graph—
nizations, and victim service providers’’;
religious professions; and ‘‘(i) the term ‘sexual harassment’ has the
(2) in subsection (b)—
‘‘(B) an attestation that such voluntary sepa- meaning given such term under State law, regu-
(A) in paragraph (2), by striking ‘‘; and’’ and
ration is attributable to such sexual harassment, lation, or policy; and
inserting a semicolon;
(B) in paragraph (3)— domestic violence, sexual assault, or stalking. ‘‘(ii) the term ‘domestic violence’ has the
(i) by striking ‘‘and stalking’’ and inserting ‘‘(3) DEFINITIONS.—For purposes of this sec- meaning given such term in section 402(a)(7).’’.
‘‘stalking, and sexual harassment’’; and tion, the terms ‘sexual harassment’, ‘domestic (d) NATIONAL GRANT PROGRAM FOR DEVEL-
(ii) by striking the period at the end and in- violence’, ‘sexual assault’, ‘stalking’, ‘victim of OPING A MODEL TRAINING PROGRAM FOR UNEM-
serting a semicolon; sexual harassment’, and ‘survivor of domestic PLOYMENT COMPENSATION PERSONNEL TRAIN-
(C) by adding the following new paragraph: violence, sexual assault, or stalking’ have the ING.—
‘‘(4) a plan to enhance the capacity of sur- meanings given such terms under State law, reg- (1) GRANTS AUTHORIZED.—The Secretary of
vivors to obtain and maintain employment to in- ulation, or policy.’’. Labor (in this subsection referred to as the ‘‘Sec-
clude the implementation of a demonstration (b) UNEMPLOYMENT COMPENSATION PER- retary’’) is authorized to award a grant to a na-
pilot program ‘Pathways to Opportunity’ which SONNEL TRAINING.—Section 303(a) of the Social tional victim service provider in order for such
builds collaborations between and among victim Security Act (42 U.S.C. 503(a)) is amended— organization to—
service providers, workforce development pro- (1) by redesignating paragraphs (4) through (A) develop and disseminate a model training
grams, and educational and vocational institu- (12) as paragraphs (5) through (13), respectively; program (and related materials) for the training
tions to provide trauma informed programming and required under section 303(a)(4)(A)(ii) of the So-
to support survivors seeking employment and (2) by inserting after paragraph (3) the fol- cial Security Act, as added by subsection (b);
centered around culturally specific organiza- lowing new paragraph: and
tions or organizations that primarily serve pop- ‘‘(4)(A) Such methods of administration as (B) provide technical assistance with respect
ulations traditionally marginalized in the work- will ensure that— to such model training program to unemploy-
place.’’. ‘‘(i) applicants and potential applicants for ment compensation personnel.
(3) in subsection (c)(1), by inserting before the unemployment compensation are notified of the (2) APPLICATION.—An entity seeking a grant
period at the end ‘‘or sexual harassment’’; provisions of paragraphs (19) and (20) of section under this subsection shall submit an applica-
(4) in subsection (c)(2)(A), by inserting ‘‘or 3304(a) of the Internal Revenue Code of 1986; tion to the Secretary at such time, in such form
sexual harassment’’ after ‘‘sexual violence’’; and and manner, and containing such information
and ‘‘(ii) claims reviewers and hearing personnel as the Secretary specifies.
(5) in subsection (e), by striking ‘‘$1,000,000 are trained in— (3) REPORT.—
for each of fiscal years 2014 through 2018’’ and ‘‘(I) the nature and dynamics of sexual har- (A) REPORT TO CONGRESS.—Not later than 5
inserting ‘‘$2,000,000 for each of fiscal years 2022 assment, domestic violence, sexual assault, and years after the date of the enactment of this
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through 2026’’. stalking; and Act, the Secretary shall submit to the Committee
SEC. 703. PROVISIONS RELATED TO UNEMPLOY- ‘‘(II) methods of ascertaining and ensuring on Ways and Means of the House of Represent-
MENT COMPENSATION AND THE the confidentiality of personal information and atives and the Committee on Finance of the Sen-
TEMPORARY ASSISTANCE FOR documentation related to an individual’s claim ate a report on the program established under
NEEDY FAMILIES PROGRAM. about possible experiences of sexual harassment, this subsection.
(a) UNEMPLOYMENT COMPENSATION.— domestic violence, sexual assault, or stalking. (B) REPORT AVAILABLE TO PUBLIC.—The Sec-
(1) SURVIVORS OF DOMESTIC VIOLENCE.—Sec- ‘‘(B) For purposes of this paragraph, the retary shall establish procedures for the dissemi-
tion 3304(a) of the Internal Revenue Code of terms ‘sexual harassment’, ‘domestic violence’, nation to the public of the report submitted
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H1446 CONGRESSIONAL RECORD — HOUSE March 17, 2021
under subparagraph (A) not later than 10 days to the amendments made by subsections (a) and basis of its failure to meet these additional re-
after the submission of such report to Congress (b). quirements before the first day of the first cal-
under such subparagraph. Such procedures (ii) REQUEST FOR TRANSMITTAL OF INFORMA- endar quarter beginning after the close of the
shall include the use of the internet to dissemi- TION FROM STATES.—Not later than 30 days after first regular session of the State legislature that
nate such report. the issuance of guidance under clause (i), the begins after the date of enactment of this Act.
(4) AUTHORIZATION OF APPROPRIATIONS.— Secretary of Labor shall issue a request for the For purposes of the previous sentence, in the
(A) IN GENERAL.—There are authorized to be transmittal of information from States relating case of a State that has a 2-year legislative ses-
appropriated— to the laws, regulations, and policies each State sion, each year of the session is considered to be
(i) $1,000,000 for fiscal year 2022 to carry out identifies to satisfy such requirements. a separate regular session of the State legisla-
the provisions of paragraph (1)(A); and (iii) DEADLINE FOR SUBMISSION OF LAWS, REG- ture.
(ii) $8,000,000 for each of fiscal years 2022 ULATIONS, AND POLICIES FROM STATES.—Not SEC. 704. STUDY AND REPORTS ON BARRIERS TO
through 2026 to carry out the provisions of para- later than 120 days after the issuance of the re- SURVIVORS’ ECONOMIC SECURITY
graph (1)(B). quest under clause (ii), each State which has an ACCESS.
(B) THREE-YEAR AVAILABILITY OF GRANT unemployment compensation law approved by (a) STUDY.—The Secretary of Health and
FUNDS.—Each recipient of a grant under this the Secretary of Labor under the Federal Unem- Human Services, in consultation with the Sec-
subsection shall return to the Secretary any un- ployment Tax Act shall submit to the Secretary retary of Labor, shall conduct a study on the
used portion of such grant not later than 3 the laws, regulations, and policies identified barriers that survivors of domestic violence, dat-
years after the date the grant was awarded, to- pursuant to such clause. ing violence, sexual assault, or stalking
gether with any earnings on such unused por- (iv) NOTIFICATION OF THE RESULTS OF REVIEW throughout the United States experience in
tion. TO STATES.—Not later than 60 days after the ex- maintaining economic security as a result of
(C) AMOUNTS RETURNED.—Any amounts re- piration of the deadline described in clause (iii), issues related to domestic violence, dating vio-
turned pursuant to subparagraph (B) shall be the Secretary of Labor shall notify each State lence, sexual assault, or stalking.
available without further appropriation to the whether the laws, regulations, and policies iden- (b) REPORTS.—Not later than 1 year after the
Secretary for the purpose of carrying out the tified by the State under such clause satisfy the date of enactment of this title, and every 5 years
provisions of paragraph (1)(B). requirements described pursuant to clause (i) thereafter, the Secretary of Health and Human
(e) NATIONAL GRANT PROGRAM FOR DEVEL- and, to the extent such laws, regulations, and Services, in consultation with the Secretary of
OPING A MODEL TRAINING PROGRAM FOR TEM- policies fail to satisfy such requirements, the Labor, shall submit a report to Congress on the
PORARY ASSISTANCE FOR NEEDY FAMILIES PER- Secretary of Labor shall inform the State of the study conducted under subsection (a).
SONNEL TRAINING.— steps the State may take to remedy such failure (c) CONTENTS.—The study and reports under
(1) GRANTS AUTHORIZED.—The Secretary of and provide any necessary technical assistance. this section shall include—
Health and Human Services (in this subsection (B) EFFECTIVE DATES FOR UNEMPLOYMENT (1) identification of geographic areas in which
referred to as the ‘‘Secretary’’) shall— AMENDMENTS.— State laws, regulations, and practices have a
(A) develop and disseminate a model training (i) PROVISIONS RELATING TO SURVIVORS OF DO- strong impact on the ability of survivors of do-
program (and related materials) for the training MESTIC VIOLENCE.—The amendment made by mestic violence, dating violence, sexual assault,
required under 402(a)(8) of the Social Security subsection (a)(1) shall apply with respect to or stalking to exercise—
Act, and if the state so elects, section 402(a)(7) weeks of unemployment beginning on or after (A) any rights under this Act without compro-
of such Act; and the date that is 60 days after the earlier of— mising personal safety or the safety of others,
(B) provide technical assistance with respect (I) the date on which a State is notified by the including family members and excluding the
to such model training program to eligible States Secretary of Labor under subparagraph (A)(iv) abuser; and
that the laws, regulations, and policies identi- (B) other components of economic security, in-
(as defined in section 402 of the Social Security
fied by the State satisfy the requirements de- cluding financial empowerment, affordable
Act).
scribed pursuant to subparagraph (A)(i); or housing, transportation, healthcare access, and
In developing the model training program under (II) in the case of a State that is notified by quality education and training opportunities;
subparagraph (A), the Secretary may award the Secretary of Labor under subparagraph (2) identification of geographic areas with
grants and contracts and may develop such pro- (A)(iv) that the laws, regulations, and policies shortages in resources for such survivors, with
gram in cooperation with an eligible partner. identified by the State fail to satisfy such re- an accompanying analysis of the extent and im-
(2) ELIGIBLE PARTNER DEFINED.—For purposes quirements, 1 year after the date of such notifi- pact of such shortage;
of paragraph (1), the term ‘‘eligible partner’’ cation. (3) analysis of factors related to industries,
means an entity that is— (ii) PROVISIONS RELATING TO VICTIMS OF SEX- workplace settings, employer practices, trends,
(A) a State or tribal domestic violence coali- UAL HARASSMENT AND SURVIVORS OF SEXUAL AS- and other elements that impact the ability of
tion or sexual assault coalition; or SAULT OR STALKING.—The amendment made by such survivors to exercise any rights under this
(B) a State or local victim service provider subsection (a)(2) shall apply with respect to Act without compromising personal safety or the
with recognized expertise in the dynamics of do- weeks of unemployment beginning on or after safety of others, including family members;
mestic violence, sexual assault, or stalking the date that is 60 days after the earlier of— (4) the recommendations of the Secretary of
whose primary mission is to provide services to (I) the date on which a State is notified by the Health and Human Services and the Secretary
survivors of domestic violence, sexual assault, or Secretary of Labor under subparagraph (A)(iv) of Labor with respect to resources, oversight,
stalking, including a rape crisis center or domes- that the laws, regulations, and policies identi- and enforcement tools to ensure successful im-
tic violence program. fied by the State satisfy the requirements de- plementation of the provisions of this Act in
(3) REPORT.— scribed pursuant to subparagraph (A)(i); or order to support the economic security and safe-
(A) REPORT TO CONGRESS.—Not later than 5 (II) in the case of a State that is notified by ty of survivors of domestic violence, dating vio-
years after the date of the enactment of this the Secretary of Labor under subparagraph lence, sexual assault, or stalking; and
Act, the Secretary shall submit to the Committee (A)(iv) that the laws, regulations, and policies (5) best practices for States, employers, health
on Ways and Means of the House of Represent- identified by the State fail to satisfy such re- carriers, insurers, and other private entities in
atives and the Committee on Finance of the Sen- quirements, 2 years after the date of such notifi- addressing issues related to domestic violence,
ate a report on the program established under cation. dating violence, sexual assault, or stalking.
this subsection. (iii) PROVISIONS RELATING TO DOCUMENTATION SEC. 705. GAO STUDY.
(B) REPORT AVAILABLE TO PUBLIC.—The Sec- REQUIRED.—The amendment made by subsection Not later than 18 months after the date of en-
retary shall establish procedures for the dissemi- (a)(3) shall apply with respect to weeks of un- actment of this Act, the Comptroller General of
nation to the public of the report submitted employment beginning on or after the date that the United States shall submit to the Committee
under subparagraph (A) not later than 10 days is 2 years after the date of enactment of this on Education and Labor of the House of Rep-
after the submission of such report to Congress Act. resentatives and the Committee on Health, Edu-
under such subparagraph. Such procedures (2) TANF AMENDMENT.— cation, Labor, and Pensions of the Senate a re-
shall include the use of the internet to dissemi- (A) IN GENERAL.—Except as provided in sub- port that examines, with respect to survivors of
nate such report. paragraph (B), the amendment made by sub- domestic violence, dating violence, sexual as-
(4) AUTHORIZATION OF APPROPRIATIONS.— section (c) shall be applicable in the next State sault, or stalking who are, or were, enrolled at
There are authorized to be appropriated— plan submitted after the date of enactment of institutions of higher education and borrowed a
(A) $1,000,000 for fiscal year 2022 to carry out this Act. loan made, insured, or guaranteed under title
the provisions of paragraph (1)(A); and (B) EXTENSION OF EFFECTIVE DATE FOR STATE IV of the Higher Education Act of 1965 (20
(B) $5,000,000 for each of fiscal years 2022 LAW AMENDMENT.—In the case of a State plan U.S.C. 1070 et seq.) for which the survivors have
through 2026 to carry out the provisions of para- under part A of title IV of the Social Security not repaid the total interest and principal due,
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graph (1)(B). Act which the Secretary of Health and Human each of the following:
(f) CONFORMITY REVIEW; EFFECTIVE DATES.— Services determines requires State action (in- (1) The implications of domestic violence, dat-
(1) UNEMPLOYMENT AMENDMENTS.— cluding legislation, regulation, or other adminis- ing violence, sexual assault, or stalking on a
(A) CONFORMITY REVIEW.— trative action) in order for the plan to meet the borrower’s ability to repay their Federal student
(i) INITIAL GUIDANCE.—Not later than 90 days additional requirements imposed by the amend- loans.
after the date of enactment of this Act, the Sec- ment made by subsection (c), the State plan (2) The adequacy of policies and procedures
retary of Labor shall issue guidance describing shall not be regarded as failing to comply with regarding Federal student loan deferment, for-
the requirements States must satisfy to conform the requirements of such amendment on the bearance, and grace periods when a survivor
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1447
has to suspend or terminate the survivor’s en- (E) resources that promote workplace policies ‘‘(B) includes—
rollment at an institution of higher education that support and help maintain the economic se- ‘‘(i) a dating partner or former dating partner;
due to domestic violence, dating violence, sexual curity of survivors of domestic violence, dating and
assault, or stalking. violence, sexual assault, or stalking, including ‘‘(ii) any other person similarly situated to a
(3) The adequacy of institutional policies and guidelines and best practices to promote the cre- spouse.
practices regarding retention or transfer of cred- ation of effective employee assistance programs; Nothing in this paragraph may be construed to
its when a survivor has to suspend or terminate and require that sexual contact between two persons
the survivor’s enrollment at an institution of (F) resources and rights that the heads of have occurred to establish the existence of any
higher education due to domestic violence, dat- Federal agencies described in paragraph (2) de- relationship for purposes of this paragraph. For
ing violence, sexual assault, or stalking. termine are appropriate to include. purposes of this paragraph, the term ‘dating
(4) The availability or any options for a sur- (4) COMMON LANGUAGES.—The Secretary of partner’ means, with respect to person, a person
vivor of domestic violence, dating violence, sex- Labor shall ensure that the information dissemi- who is or has been in a social relationship of a
ual assault, or stalking who attended an insti- nated to survivors under paragraph (2) is made romantic or intimate nature with the person.’’;
tution of higher education that committed un- available in commonly encountered languages. (2) in paragraph (33)(A)—
fair, deceptive, or abusive acts or practices, or (b) DEFINITIONS.—In this section: (A) in the matter preceding clause (i), by
otherwise substantially misrepresented informa- (1) EMPLOYEE.— striking ‘‘Except as provided in subparagraph
tion to students, to be able to seek a defense to (A) IN GENERAL.—The term ‘‘employee’’ means (C), the term’’ and inserting ‘‘The term’’;
repayment of the survivor’s Federal student any individual employed by an employer. In the (B) in clause (i), by inserting after ‘‘Federal,
loan. case of an individual employed by a public State,’’ the following: ‘‘local,’’; and
(5) The limitations faced by a survivor of do- agency, such term means an individual em- (C) in clause (ii), by inserting ‘‘intimate part-
mestic violence, dating violence, sexual assault, ployed as described in section 3(e)(2) of the Fair ner,’’ after ‘‘spouse,’’ each place it appears;
or stalking to obtain any relief or restitution on Labor Standards Act of 1938 (29 U.S.C. (3) by redesignating paragraphs (34) and (35)
the survivor’s Federal student loan debt due to 203(e)(2)). as paragraphs (35) and (36) respectively; and
the use of forced arbitration, gag orders, or bans (B) BASIS.—The term includes a person em- (4) by inserting after paragraph (33) the fol-
on class actions. ployed as described in subparagraph (A) on a lowing:
SEC. 706. EDUCATION AND INFORMATION PRO- full- or part-time basis, for a fixed time period, ‘‘(34)(A) The term ‘misdemeanor crime of
GRAMS FOR SURVIVORS. on a temporary basis, pursuant to a detail, or as stalking’ means an offense that—
(a) PUBLIC EDUCATION CAMPAIGN.— a participant in a work assignment as a condi- ‘‘(i) is a misdemeanor crime of stalking under
(1) IN GENERAL.—The Secretary of Labor, in tion of receipt of Federal or State income-based Federal, State, Tribal, or municipal law; and
conjunction with the Secretary of Health and public assistance. ‘‘(ii) is a course of harassment, intimidation,
Human Services (though the Director of the (2) EMPLOYER.—The term ‘‘employer’’— or surveillance of another person that—
Centers for Disease Control and Prevention), the (A) means any person engaged in commerce or ‘‘(I) places that person in reasonable fear of
Attorney General (through the Director of the in any industry or activity affecting commerce material harm to the health or safety of—
Office on Violence Against Women), and the who employs 15 or more individuals; and ‘‘(aa) that person;
grant recipient under section 41501 of the Vio- (B) includes any person acting directly or in- ‘‘(bb) an immediate family member (as defined
lence Against Women Act of 1994 that estab- directly in the interest of an employer in rela- in section 115) of that person;
lishes the national resource center on workplace tion to an employee, and includes a public agen- ‘‘(cc) a household member of that person; or
responses to assist victims of domestic and sex- cy that employs individuals as described in sec- ‘‘(dd) a spouse or intimate partner of that per-
ual violence, shall coordinate and provide for a tion 3(e)(2) of the Fair Labor Standards Act of son; or
national public outreach and education cam- 1938, but does not include any labor organiza- ‘‘(II) causes, attempts to cause, or would rea-
paign to raise public awareness of the work- tion (other than when acting as an employer) or sonably be expected to cause emotional distress
place impact of domestic violence, dating vio- anyone acting in the capacity of officer or agent to a person described in item (aa), (bb), (cc), or
lence, sexual assault, and stalking, including of such labor organization. (dd) of subclause (I).
outreach and education for employers, service (3) FLSA TERMS.—The terms ‘‘employ’’ and ‘‘(B) A person shall not be considered to have
providers, teachers, and other key partners. ‘‘State’’ have the meanings given the terms in been convicted of such an offense for purposes
This campaign shall pay special attention to en- section 3 of the Fair Labor Standards Act of of this chapter, unless—
sure that survivors are made aware of the exist- 1938 (29 U.S.C. 203). ‘‘(i) the person was represented by counsel in
ence of the following types of workplace laws (c) STUDY ON WORKPLACE RESPONSES.—The the case, or knowingly and intelligently waived
(federal and/or State): anti-discrimination laws Secretary of Labor, in conjunction with the Sec- the right to counsel in the case; and
that bar treating survivors differently; leave retary of Health and Human Services, shall con- ‘‘(ii) in the case of a prosecution for an of-
laws, both paid and unpaid that are available duct a study on the status of workplace re- fense described in this paragraph for which a
for use by survivors; unemployment insurance sponses to employees who experience domestic person was entitled to a jury trial in the juris-
laws and policies that address survivor eligi- violence, dating violence, sexual assault, or diction in which the case was tried, either—
bility. The provision of outreach and education stalking while employed, in each State and na- ‘‘(I) the case was tried by a jury; or
under this paragraph shall be conducted in a tionally, to improve the access of survivors of ‘‘(II) the person knowingly and intelligently
manner that is equally effective for and acces- domestic violence, dating violence, sexual as- waived the right to have the case tried by a
sible to people with disabilities and people with- sault, or stalking to supportive resources and jury, by guilty plea or otherwise.
out disabilities. ‘‘(C) A person shall not be considered to have
economic security.
(2) DISSEMINATION.—The Secretary of Labor, (d) AUTHORIZATION OF APPROPRIATIONS.— been convicted of such an offense for purposes
in conjunction with the Secretary of Health and There are authorized to be appropriated to carry of this chapter if the conviction has been ex-
Human Services and the Attorney General, as out this section, such sums as may be necessary punged or set aside, or is an offense for which
described in paragraph (1), may disseminate in- for each of fiscal years 2022 through 2026. the person has been pardoned or has had civil
formation through the public outreach and edu- rights restored (if the law of the applicable ju-
SEC. 707. SEVERABILITY.
cation campaign on the resources and rights re- risdiction provides for the loss of civil rights
If any provision of this Act, any amendment under such an offense) unless the pardon,
ferred to in this subsection directly or through made by this Act, or the application of such pro-
arrangements with health agencies, professional expungement, or restoration of civil rights ex-
vision or amendment to any person or cir- pressly provides that the person may not ship,
and nonprofit organizations, consumer groups, cumstance is held to be unconstitutional, the re-
labor organizations, institutions of higher edu- transport, possess, or receive firearms.’’.
mainder of the provisions of this Act, the SEC. 802. PROHIBITING STALKERS AND INDIVID-
cation, clinics, the media, and Federal, State, amendments made by this Act, and the applica-
and local agencies. UALS SUBJECT TO COURT ORDER
tion of such provisions or amendments to any FROM POSSESSING A FIREARM.
(3) INFORMATION.—The information dissemi- person or circumstance shall not be affected.
nated under paragraph (2) shall include, at a Section 922 of title 18, United States Code, is
minimum, a description of— TITLE VIII—HOMICIDE REDUCTION amended—
(A) the resources and rights that are— INITIATIVES (1) in subsection (d)—
(i) available to survivors of domestic violence, SEC. 801. PROHIBITING PERSONS CONVICTED OF (A) in paragraph (8), by striking ‘‘that re-
dating violence, sexual assault, or stalking; and MISDEMEANOR CRIMES AGAINST strains such person’’ and all that follows, and
(ii) established in this Act and the Violence DATING PARTNERS AND PERSONS inserting ‘‘described in subsection (g)(8);’’;
Against Women Act of 1994 (34 U.S.C. 12291 et SUBJECT TO PROTECTION ORDERS. (B) in paragraph (9), by striking the period at
seq.); Section 921(a) of title 18, United States Code, the end and inserting ‘‘; or’’; and
(B) guidelines and best practices on preven- is amended— (C) by inserting after paragraph (9) the fol-
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tion of domestic violence, dating violence, stalk- (1) in paragraph (32), by striking all that fol- lowing:
ing, and sexual assault; lows after ‘‘The term ‘intimate partner’ ’’ and ‘‘(10) who has been convicted in any court of
(C) resources that promote healthy relation- inserting the following: ‘‘— a misdemeanor crime of stalking.’’; and
ships and communication skills; ‘‘(A) means, with respect to a person, the (2) in subsection (g)—
(D) resources that encourage bystander inter- spouse of the person, a former spouse of the per- (A) by amending paragraph (8) to read as fol-
vention in a situation involving domestic vio- son, an individual who is a parent of a child of lows:
lence, dating violence, stalking, or sexual as- the person, and an individual who cohabitates ‘‘(8) who is subject to a court order—
sault; or has cohabited with the person; and ‘‘(A) that was issued—
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H1448 CONGRESSIONAL RECORD — HOUSE March 17, 2021
‘‘(i) after a hearing of which such person re- declined to prosecute nearly 52 percent of vio- as maintaining public safety within a Tribe’s
ceived actual notice, and at which such person lent crimes that occur in Indian country. territorial jurisdiction that has no federal or
had an opportunity to participate; or (11) Investigation into cases of missing and state arrest authority) and Bureau of Indian
‘‘(ii) in the case of an ex parte order, relative murdered Indian women is made difficult for Affairs law enforcement agencies—
to which notice and opportunity to be heard are Tribal law enforcement agencies due to a lack of ‘‘(1) to access and enter information into Fed-
provided— resources, such as— eral criminal information databases; and
‘‘(I) within the time required by State, Tribal, (A) necessary training, equipment, or funding; ‘‘(2) to obtain information from the data-
or territorial law; and (B) a lack of interagency cooperation; bases.’’.
‘‘(II) in any event within a reasonable time (C) a lack of appropriate laws in place; and SEC. 903. TRIBAL JURISDICTION OVER COVERED
after the order is issued, sufficient to protect the (D) a lack of access to Federal, State, and CRIMES OF DOMESTIC VIOLENCE,
due process rights of the person; local law enforcement databases. DATING VIOLENCE, OBSTRUCTION
‘‘(B) that restrains such person from— (12) Domestic violence calls are among the OF JUSTICE, SEXUAL VIOLENCE, SEX
most dangerous calls that law enforcement re- TRAFFICKING, STALKING, AND AS-
‘‘(i) harassing, stalking, or threatening an in-
SAULT OF A LAW ENFORCEMENT OF-
timate partner of such person or child of such ceives.
FICER OR CORRECTIONS OFFICER.
intimate partner or person, or engaging in other (13) The complicated jurisdictional scheme
that exists in Indian country— Section 204 of Public Law 90–284 (25 U.S.C.
conduct that would place an intimate partner in 1304) (commonly known as the ‘‘Indian Civil
reasonable fear of bodily injury to the partner (A) has a significant negative impact on the
ability to provide public safety to Indian com- Rights Act of 1968’’) is amended—
or child; or (1) in the heading, by striking ‘‘CRIMES OF DO-
‘‘(ii) intimidating or dissuading a witness from munities;
MESTIC VIOLENCE’’ and inserting ‘‘CRIMES OF
testifying in court; and (B) has been increasingly exploited by crimi-
DOMESTIC VIOLENCE, DATING VIOLENCE, OB-
‘‘(C) that— nals; and
(C) requires a high degree of commitment and STRUCTION OF JUSTICE, SEXUAL VIOLENCE, SEX
‘‘(i) includes a finding that such person rep- TRAFFICKING, STALKING, AND ASSAULT OF A LAW
resents a credible threat to the physical safety cooperation among Tribal, Federal, and State
law enforcement officials. ENFORCEMENT OR CORRECTIONS OFFICER’’;
of such individual described in subparagraph (2) in subsection (a)(6), in the heading, by
(B); or (14) Restoring and enhancing local, Tribal ca-
pacity to address violence against women pro- striking ‘‘SPECIAL DOMESTIC VIOLENCE CRIMINAL
‘‘(ii) by its terms explicitly prohibits the use, JURISDICTION’’ and inserting ‘‘SPECIAL TRIBAL
attempted use, or threatened use of physical vides for greater local control, safety, account-
ability, and transparency. CRIMINAL JURISDICTION’’;
force against such individual described in sub- (3) by striking ‘‘special domestic violence
paragraph (B) that would reasonably be ex- (15) In States with restrictive land settlement
acts such as Alaska, ‘‘Indian country’’ is lim- criminal jurisdiction’’ each place such term ap-
pected to cause bodily injury;’’; pears and inserting ‘‘special Tribal criminal ju-
(B) in paragraph (9), by striking the comma at ited, resources for local Tribal responses either
nonexistent or insufficient to meet the needs, ju- risdiction’’;
the end and inserting ‘‘; or’’; and (4) in subsection (a)—
(C) by inserting after paragraph (9) the fol- risdiction unnecessarily complicated and in-
(A) by adding at the end the following:
lowing: creases the already high levels of victimization
‘‘(12) STALKING.—The term ‘stalking’ means
‘‘(10) who has been convicted in any court of of American Indian and Alaska Native women.
engaging in a course of conduct directed at a
a misdemeanor crime of stalking,’’. According to the Tribal Law and Order Act
specific person proscribed by the criminal law of
Commission Report, Alaska Native women are
TITLE IX—SAFETY FOR INDIAN WOMEN the Indian Tribe that has jurisdiction over the
over-represented in the domestic violence victim
SEC. 901. FINDINGS AND PURPOSES. Indian country where the violation occurs that
population by 250 percent; they comprise 19 per-
(a) FINDINGS.—Congress finds the following: would cause a reasonable person to—
cent of the State population, but are 47 percent
(1) American Indians and Alaska Natives are ‘‘(A) fear for the person’s safety or the safety
of reported rape victims. And among other In-
2.5 times as likely to experience violent crimes— of others; or
dian Tribes, Alaska Native women suffer the ‘‘(B) suffer substantial emotional distress.’’;
and at least 2 times more likely to experience highest rates of domestic and sexual violence in (B) by redesignating paragraphs (6) and (7) as
rape or sexual assault crimes—compared to all the country. paragraphs (10) and (11);
other races. (b) PURPOSES.—The purposes of this title (C) by inserting before paragraph (10) (as re-
(2) More than 4 in 5 American Indian and are— designated) the following:
Alaska Native women, or 84.3 percent, have ex- (1) to clarify the responsibilities of Federal, ‘‘(8) SEX TRAFFICKING.—
perienced violence in their lifetime. State, Tribal, and local governments with re- ‘‘(A) IN GENERAL.—The term ‘sex trafficking’
(3) The vast majority of Native victims—96 spect to responding to cases of domestic vio- means conduct—
percent of women and 89 percent of male vic- lence, dating violence, stalking, trafficking, sex- ‘‘(i) consisting of—
tims—report being victimized by a non-Indian. ual violence, crimes against children, and as- ‘‘(I) recruiting, enticing, harboring, trans-
(4) Native victims of sexual violence are three sault against Tribal law enforcement officers porting, providing, obtaining, advertising, main-
times as likely to have experienced sexual vio- and murdered Indians; taining, patronizing, or soliciting by any means
lence by an interracial perpetrator as non-His- (2) to increase coordination and communica- a person; or
panic White victims and Native stalking victims tion among Federal, State, Tribal, and local law ‘‘(II) benefitting, financially or by receiving
are nearly 4 times as likely to be stalked by enforcement agencies; anything of value, from participation in a ven-
someone of a different race. (3) to empower Tribal governments with the ture that has engaged in an act described in
(5) While Tribes exercising jurisdiction over resources and information necessary to effec- subclause (I); and
non-Indians have reported significant successes, tively respond to cases of domestic violence, dat- ‘‘(ii) carried out with the knowledge, or, ex-
the inability to prosecute crimes related to the ing violence, stalking, sex trafficking, sexual vi- cept where the act constituting the violation of
Special Domestic Violence Criminal Jurisdiction olence, and missing and murdered Indians; and clause (i) is advertising, in reckless disregard of
crimes continues to leave Tribes unable to fully (4) to increase the collection of data related to the fact, that—
hold domestic violence offenders accountable. missing and murdered Indians and the sharing ‘‘(I) means of force, threats of force, fraud, co-
(6) Tribal prosecutors report that the majority of information among Federal, State, and Tribal ercion, or any combination of such means will
of domestic violence cases involve children ei- officials responsible for responding to and inves- be used to cause the person to engage in a com-
ther as witnesses or victims, and Department of tigating cases of missing and murdered Indians. mercial sex act; or
Justice reports that American Indian and Alas- SEC. 902. AUTHORIZING FUNDING FOR THE TRIB- ‘‘(II) the person has not attained the age of 18
ka Native children suffer exposure to violence at AL ACCESS PROGRAM. years and will be caused to engage in a commer-
rates higher than any other race in the United (a) IN GENERAL.—Section 534 of title 28, cial sex act.
States. United States Code, is amended by adding at the ‘‘(B) DEFINITIONS.—In this paragraph, the
(7) Childhood exposure to violence has imme- end the following: terms ‘coercion’ and ‘commercial sex act’ have
diate and long-term effects, including: increased ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the meanings given the terms in section 1591(e)
rates of altered neurological development, poor There is authorized to be appropriated $3,000,000 of title 18, United States Code.
physical and mental health, poor school per- for each of fiscal years 2022 through 2026, to re- ‘‘(9) SEXUAL VIOLENCE.—The term ‘sexual vio-
formance, substance abuse, and overrepresenta- main available until expended, for the purposes lence’ means any nonconsensual sexual act or
tion in the juvenile justice system. of enhancing the ability of Tribal government contact proscribed by the criminal law of the In-
(8) According to the Centers for Disease Con- entities to access, enter information into, and dian Tribe that has jurisdiction over the Indian
trol and Prevention, homicide is the third lead- obtain information from, Federal criminal infor- country where the violation occurs, including in
ing cause of death among American Indian and mation databases, as authorized by this sec- any case in which the victim lacks the capacity
Alaska Native women between 10 and 24 years tion.’’. to consent to the act.’’;
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of age and the fifth leading cause of death for (b) INDIAN TRIBE AND INDIAN LAW ENFORCE- (D) by redesignating paragraphs (4) and (5) as
American Indian and Alaska Native women be- MENT INFORMATION SHARING.—Section 534 of paragraphs (6) and (7);
tween 25 and 34 years of age. title 28, United States Code, is further amended (E) by redesignating paragraphs (1) through
(9) On some reservations, Indian women are by amending subsection (d) to read as follows: (3) as paragraphs (2) through (4);
murdered at more than 10 times the national av- ‘‘(d) INDIAN TRIBE AND INDIAN LAW ENFORCE- (F) in paragraph (3) (as redesignated), to read
erage. MENT INFORMATION SHARING.—The Attorney as follows:
(10) According to a 2010 Government Account- General shall permit Tribal law enforcement en- ‘‘(3) DOMESTIC VIOLENCE.—The term ‘domestic
ability Office report, United States Attorneys tities (including entities designated by a Tribe violence’ means violence—
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1449
‘‘(A) committed by a current or former spouse sault of a law enforcement or corrections offi- ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts
or intimate partner of the victim, by a person cer’’; made available under this section shall supple-
with whom the victim shares a child in common, (8) in subsection (d), by striking ‘‘domestic vi- ment and not supplant any other Federal, State,
by a person who is cohabitating with or has olence’’ each place it appears and inserting Tribal, or local government amounts made avail-
cohabitated with the victim as a spouse or inti- ‘‘Tribal’’; able to carry out activities described in this sec-
mate partner, or by a person similarly situated (9) by striking subsections (f), (g), and (h) and tion.
to a spouse of the victim under the domestic- or inserting the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
family- violence laws of an Indian Tribe that ‘‘(f) GRANTS AND REIMBURSEMENT TO TRIBAL There are authorized to be appropriated
has jurisdiction over the Indian country where GOVERNMENTS.— $7,000,000 for each of fiscal years 2022 through
the violence occurs; or ‘‘(1) REIMBURSEMENT.— 2026 to carry out subsection (f) and to provide
‘‘(B)(i) committed against a victim who is a ‘‘(A) IN GENERAL.—The Attorney General is training, technical assistance, data collection,
child under the age of 18, or an elder (as such authorized to reimburse Tribal government au- and evaluation of the criminal justice systems of
term is defined by Tribal law), including when thorities for expenses incurred in exercising spe- participating Tribes.
an offender recklessly engages in conduct that cial Tribal criminal jurisdiction. ‘‘(i) USE OF FUNDS.—Not less than 25 percent
‘‘(B) ELIGIBLE EXPENSES.—Eligible expenses
creates a substantial risk of death or serious of the total amount of funds appropriated under
for reimbursement shall include—
bodily injury to the victim, or committed as de- ‘‘(i) expenses incurred to arrest or prosecute this section in a given year shall be used for
scribed in subparagraph (A) while the child or offenders and to detain inmates (including costs each of the purposes described in paragraphs (1)
elder is present; and associated with providing health care); and (2) of subsection (f), with remaining funds
‘‘(ii) the child or elder— ‘‘(ii) expenses related to indigent defense serv- available to be distributed for either of the pur-
‘‘(I) resides or has resided in the same house- ices; and poses described in paragraph (1) or (2) of sub-
hold as the offender; ‘‘(iii) costs associated with probation and re- section (f), or any combination of such pur-
‘‘(II) is related to the offender by blood or habilitation services. poses, depending on need and in consultation
marriage; ‘‘(C) PROCEDURE.—Reimbursements author- with Indian Tribes.’’;
‘‘(III) is related to another victim of the of- ized pursuant to this section shall be in accord- (10) by inserting after subsection (i) the fol-
fender by blood or marriage; ance with rules promulgated by the Attorney lowing:
‘‘(IV) is under the care of a victim of the of- General after consultation with Indian Tribes ‘‘(j) INDIAN COUNTRY DEFINED.—For purposes
fender who is an intimate partner or former and within 1 year after the date of enactment of of the pilot project described in subsection (f)(5),
spouse; or this Act. The rules promulgated by the Depart- the definition of ‘Indian country’ shall in-
‘‘(V) is under the care of a victim of the of- ment shall set a maximum allowable reimburse- clude—
fender who is similarly situated to a spouse of ment to any Tribal government in a 1-year pe- ‘‘(1) Alaska Native-owned Townsites, Allot-
the victim under the domestic- or family- vio- riod. ments, and former reservation lands acquired in
lence laws of an Indian Tribe that has jurisdic- ‘‘(2) GRANTS.—The Attorney General may fee by Alaska Native Village Corporations pur-
tion over the Indian country where the violence award grants to the governments of Indian suant to the Alaska Native Claims Settlement
occurs.’’; Tribes (or to authorized designees of those gov- Act (43 U.S.C. 33) and other lands transferred in
(G) by inserting before paragraph (2) (as re- ernments)— fee to Native villages; and
designated), the following: ‘‘(A) to strengthen Tribal criminal justice sys- ‘‘(2) all lands within any Alaska Native vil-
‘‘(1) ASSAULT OF A LAW ENFORCEMENT OR COR- tems to assist Indian Tribes in exercising special lage with a population that is at least 75 percent
RECTIONAL OFFICER.—The term ‘assault of a law Tribal criminal jurisdiction, including— Alaska Native.’’.
enforcement or correctional officer’ means any ‘‘(i) law enforcement (including the capacity TITLE X—OFFICE ON VIOLENCE AGAINST
criminal violation of the law of the Indian Tribe of law enforcement, court personnel, or other WOMEN
that has jurisdiction over the Indian country non-law enforcement entities that have no Fed-
where the violation occurs that involves the SEC. 1001. ESTABLISHMENT OF OFFICE ON VIO-
eral or State arrest authority agencies but have LENCE AGAINST WOMEN.
threatened, attempted, or actual harmful or of- been designated by a Tribe as responsible for
fensive touching of a law enforcement or correc- (a) ESTABLISHMENT OF OFFICE ON VIOLENCE
maintaining public safety within its territorial AGAINST WOMEN.—Section 2002 of title I of the
tional officer.’’; and jurisdiction, to enter information into and ob-
(H) by inserting after paragraph (4) (as redes- Omnibus Crime Control and Safe Streets Act of
tain information from national crime informa- 1968 (34 U.S.C. 10442) is amended—
ignated), the following: tion databases);
‘‘(5) OBSTRUCTION OF JUSTICE.—The term ‘ob- (1) in subsection (a), by striking ‘‘a Violence
‘‘(ii) prosecution;
struction of justice’ means any violation of the Against Women Office’’ and inserting ‘‘an Of-
‘‘(iii) trial and appellate courts (including fa-
criminal law of the Indian Tribe that has juris- fice on Violence Against Women’’;
cilities construction);
diction over the Indian country where the viola- ‘‘(iv) probation systems; (2) in subsection (b), by inserting after ‘‘with-
tion occurs, and the violation involves inter- ‘‘(v) detention and correctional facilities (in- in the Department of Justice’’ the following: ‘‘,
fering with the administration or due process of cluding facilities construction); not subsumed by any other office’’; and
the Tribe’s laws including any Tribal criminal ‘‘(vi) alternative rehabilitation centers; (3) in subsection (c)(2), by striking ‘‘Violence
proceeding or investigation of a crime.’’; ‘‘(vii) culturally appropriate services and as- Against Women Act of 1994 (title VI of Public
(5) in subsection (b)(1), by inserting after ‘‘the sistance for victims and their families; and Law 103–322) or the Violence Against Women
powers of self-government of a participating ‘‘(viii) criminal codes and rules of criminal Act of 2000 (Division B of Public Law 106–386)’’
Tribe’’ the following: ‘‘, including any partici- procedure, appellate procedure, and evidence; and inserting ‘‘Violence Against Women Act of
pating Tribes in the State of Maine,’’; ‘‘(B) to provide indigent criminal defendants 1994 (title VII of Public Law 103–322), the Vio-
(6) in subsection (b)(4)— with the effective assistance of licensed defense lence Against Women Act of 2000 (division B of
(A) in subparagraph (A)(i), by inserting after counsel, at no cost to the defendant, in criminal Public Law 106–386), the Violence Against
‘‘over an alleged offense’’ the following: ‘‘, other proceedings in which a participating Tribe pros- Women and Department of Justice Reauthoriza-
than obstruction of justice or an act of assault ecutes— tion Act of 2005 (Public Law 109–162; 119 Stat.
of a law enforcement or corrections officer,’’; ‘‘(i) a crime of domestic violence; 3080), the Violence Against Women Reauthoriza-
‘‘(ii) a crime of dating violence; tion Act of 2013 (Public Law 113–4; 127 Stat. 54),
and ‘‘(iii) a criminal violation of a protection
(B) in subparagraph (B)— and the Violence Against Women Act Reauthor-
order; ization Act of 2021’’.
(i) in clause (ii), by striking ‘‘or’’ at the end; ‘‘(iv) a crime of sexual violence;
(ii) in clause (iii)(II), by striking the period at (b) DIRECTOR OF THE OFFICE ON VIOLENCE
‘‘(v) a crime of stalking;
the end and inserting the following: ‘‘; or’’; and AGAINST WOMEN.—Section 2003 of the Omnibus
‘‘(vi) a crime of sex trafficking;
(iii) by adding at the end the following: ‘‘(vii) a crime of obstruction of justice; or Crime Control and Safe Streets Act of 1968 (34
‘‘(iv) is being prosecuted for a crime of sexual ‘‘(viii) a crime of assault of a law enforcement U.S.C. 10443) is amended to read as follows:
violence, stalking, sex trafficking, obstructing or correctional officer; ‘‘SEC. 2003. DIRECTOR OF THE OFFICE ON VIO-
justice, or assaulting a police or corrections offi- ‘‘(C) to ensure that, in criminal proceedings in LENCE AGAINST WOMEN.
cer under the laws of the prosecuting Tribe.’’; which a participating Tribe exercises special ‘‘(a) APPOINTMENT.—The President, by and
(7) in subsection (c)— Tribal criminal jurisdiction, jurors are sum- with the advice and consent of the Senate, shall
(A) in the matter preceding paragraph (1), by moned, selected, and instructed in a manner appoint a Director for the Office on Violence
striking ‘‘domestic violence’’ and inserting consistent with all applicable requirements; Against Women (in this title referred to as the
‘‘Tribal’’; and ‘‘(D) to accord victims of domestic violence, ‘Director’) to be responsible, under the general
(B) in paragraph (1)— dating violence, sexual violence, stalking, sex authority of the Attorney General, for the ad-
(i) in the paragraph heading, by striking trafficking, obstruction of justice, assault of a ministration, coordination, and implementation
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‘‘AND DATING VIOLENCE’’ and inserting ‘‘, DAT- law enforcement or correctional officer, and vio- of the programs and activities of the Office.
ING VIOLENCE, OBSTRUCTION OF JUSTICE, SEXUAL lations of protection orders rights that are simi- ‘‘(b) OTHER EMPLOYMENT.—The Director shall
VIOLENCE, STALKING, SEX TRAFFICKING, OR AS- lar to the rights of a crime victim described in not—
SAULT OF A LAW ENFORCEMENT OR CORRECTIONS section 3771(a) of title 18, consistent with Tribal ‘‘(1) engage in any employment other than
OFFICER’’; and law and custom; and that of serving as Director; or
(ii) by striking ‘‘or dating violence’’ and in- ‘‘(E) to create a pilot project to allow up to ‘‘(2) hold any office in, or act in any capacity
serting ‘‘, dating violence, obstruction of justice, five Indian Tribes in Alaska to implement spe- for, any organization, agency, or institution
sexual violence, stalking, sex trafficking, or as- cial Tribal criminal jurisdiction. with which the Office makes any contract or
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H1450 CONGRESSIONAL RECORD — HOUSE March 17, 2021
other agreement under the Violence Against (d) STAFF OF OFFICE ON VIOLENCE AGAINST rectional institution, including a vulnerable per-
Women Act of 1994 (title IV of Public Law 103– WOMEN.—Section 2005 of the Omnibus Crime son; and
322), the Violence Against Women Act of 2000 Control and Safe Streets Act of 1968 (34 U.S.C. ‘‘(7) the term ‘vulnerable person’ means an in-
(division B of Public Law 106–386), the Violence 10445) is amended in the heading, by striking dividual who—
Against Women and Department of Justice Re- ‘‘VIOLENCE AGAINST WOMEN OFFICE’’ and insert- ‘‘(A) is under 21 years of age or over 60 years
authorization Act of 2005 (Public Law 109–162; ing ‘‘OFFICE ON VIOLENCE AGAINST WOMEN’’. of age;
119 Stat. 3080), the Violence Against Women Re- (e) CLERICAL AMENDMENT.—Section 121(a)(1) ‘‘(B) is pregnant;
authorization Act of 2013 (Public Law 113–4; 127 of the Violence Against Women and Department ‘‘(C) identifies as lesbian, gay, bisexual,
Stat. 54), or the Violence Against Women Act of Justice Reauthorization Act of 2005 (34 U.S.C. transgender, or intersex;
Reauthorization Act of 2021. 20124(a)(1)) is amended by striking ‘‘the Vio- ‘‘(D) is victim or witness of a crime;
‘‘(c) VACANCY.—In the case of a vacancy, the lence Against Women Office’’ and inserting ‘‘the ‘‘(E) has filed a nonfrivolous civil rights claim
President may designate an officer or employee Office on Violence Against Women’’. in Federal or State court;
who shall act as Director during the vacancy. SEC. 1002. OFFICE ON VIOLENCE AGAINST ‘‘(F) has a serious mental or physical illness
‘‘(d) COMPENSATION.—The Director shall be WOMEN A DEPUTY DIRECTOR FOR or disability; or
compensated at a rate of pay not to exceed the CULTURALLY SPECIFIC COMMU- ‘‘(G) during the period of incarceration, has
rate payable for level V of the Executive Sched- NITIES. been determined to have experienced or to be ex-
ule under section 5316 of title 5, United States Part T of the Omnibus Crime Control and Safe periencing severe trauma or to be the victim of
Code.’’. Streets Act (34 U.S.C. 10441 et seq.) is amended gender-based violence—
(c) DUTIES AND FUNCTIONS OF DIRECTOR OF by inserting after section 2004 the following: ‘‘(i) by any court or administrative judicial
THE OFFICE ON VIOLENCE AGAINST WOMEN.— ‘‘SEC. 2004A. DEPUTY DIRECTOR FOR CUL- proceeding;
Section 2004 of the Omnibus Crime Control and TURALLY SPECIFIC COMMUNITIES. ‘‘(ii) by any corrections official;
Safe Streets Act of 1968 (34 U.S.C. 10444) is ‘‘(a) ESTABLISHMENT.—There is established in ‘‘(iii) by the individual’s attorney or legal
amended to read as follows: the Office on Violence Against Women a Deputy service provider; or
‘‘SEC. 2004. DUTIES AND FUNCTIONS OF DIREC- Director for Culturally Specific Communities. ‘‘(iv) by the individual.
TOR OF THE OFFICE ON VIOLENCE ‘‘(b) DUTIES.—The Deputy Director shall, ‘‘(b) GEOGRAPHIC PLACEMENT.—
AGAINST WOMEN.
under the guidance and authority of the Direc- ‘‘(1) ESTABLISHMENT OF OFFICE.—The Director
‘‘The Director shall have the following duties: tor of the Office on Violence Against Women— shall establish within the Bureau of Prisons an
‘‘(1) Maintaining liaison with the judicial ‘‘(1) oversee the administration of grants re- office that determines the placement of pris-
branches of the Federal and State Governments
lated to culturally specific services and con- oners.
on matters relating to violence against women.
tracts with culturally specific organizations; ‘‘(2) PLACEMENT OF PRISONERS.—In deter-
‘‘(2) Providing information to the President,
‘‘(2) coordinate development of Federal policy, mining the placement of a prisoner, the office
the Congress, the judiciary, State, local, and
protocols, and guidelines on matters relating to established under paragraph (1) shall—
Tribal governments, and the general public on
domestic violence, dating violence, sexual as- ‘‘(A) if the prisoner has children, place the
matters relating to violence against women.
‘‘(3) Serving, at the request of the Attorney sault, and stalking, in culturally specific com- prisoner as close to the children as possible;
General, as the representative of the Depart- munities; ‘‘(B) in deciding whether to assign a
ment of Justice on domestic task forces, commit- ‘‘(3) advise the Director of the Office on Vio- transgender or intersex prisoner to a facility for
tees, or commissions addressing policy or issues lence Against Women concerning policies, legis- male or female prisoners, and in making other
relating to violence against women. lation, implementation of laws, and other issues housing and programming assignments, consider
‘‘(4) Serving, at the request of the President, relating to domestic violence, dating violence, on a case-by-case basis whether a placement
acting through the Attorney General, as the sexual assault, and stalking in culturally spe- would ensure the prisoner’s health and safety,
representative of the United States Government cific communities; including serious consideration of the prisoner’s
on human rights and economic justice matters ‘‘(4) provide technical assistance, coordina- own views with respect to their safety, and
related to violence against women in inter- tion, and support to other offices and bureaus whether the placement would present manage-
national fora, including, but not limited to, the in the Department of Justice to develop policy ment or security problems; and
United Nations. and to enforce Federal laws relating to domestic ‘‘(C) consider any other factor that the office
‘‘(5) Carrying out the functions of the Depart- violence, dating violence, sexual assault, and determines to be appropriate.
ment of Justice under the Violence Against stalking in culturally specific communities; ‘‘(c) PROHIBITION ON PLACEMENT OF PREG-
Women Act of 1994 (title IV of Public Law 103– ‘‘(5) ensure that appropriate technical assist- NANT PRISONERS OR PRISONERS IN POST-PARTUM
322), the Violence Against Women Act of 2000 ance, developed and provided by entities having RECOVERY IN SEGREGATED HOUSING UNITS.—
(division B of Public Law 106–386), the Violence expertise in culturally specific communities is ‘‘(1) PLACEMENT IN SEGREGATED HOUSING
Against Women and Department of Justice Re- made available to grantees and potential grant- UNITS.—A covered institution may not place a
authorization Act of 2005 (Public Law 109–162; ees proposing to serve culturally specific commu- prisoner who is pregnant or in post-partum re-
119 Stat. 3080), the Violence Against Women Re- nities; and covery in a segregated housing unit unless the
authorization Act of 2013 (Public Law 113–4; 127 ‘‘(6) ensure access to grants and technical as- prisoner presents an immediate risk of harm to
Stat. 54), and the Violence Against Women Act sistance for culturally specific organizations the prisoner or others.
Reauthorization Act of 2021, including with re- and analyze the distribution of funding in order ‘‘(2) RESTRICTIONS.—Any placement of a pris-
spect to those functions— to identify barriers for culturally specific orga- oner described in subparagraph (A) in a seg-
‘‘(A) the development of policy, protocols, and nizations.’’. regated housing unit shall be limited and tem-
guidelines; TITLE XI—IMPROVING CONDITIONS FOR porary.
‘‘(B) the development and management of WOMEN IN FEDERAL CUSTODY ‘‘(d) PARENTING CLASSES.—The Director shall
grant programs and other programs, and the SEC. 1101. IMPROVING THE TREATMENT OF PRI- provide parenting classes to each prisoner who
provision of technical assistance under such MARY CARETAKER PARENTS AND is a primary caretaker parent, and such classes
programs; and OTHER INDIVIDUALS IN FEDERAL shall be made available to prisoners with limited
‘‘(C) the awarding and termination of grants, PRISONS. English proficiency in compliance with title VI
cooperative agreements, and contracts. (a) SHORT TITLE.—This section may be cited of the Civil Rights Act of 1964.
‘‘(6) Providing technical assistance, coordina- as the ‘‘Ramona Brant Improvement of Condi- ‘‘(e) TRAUMA SCREENING.—The Director shall
tion, and support to— tions for Women in Federal Custody Act’’. provide training, including cultural competency
‘‘(A) other components of the Department of (b) IN GENERAL.—Chapter 303 of title 18, training, to each correctional officer and each
Justice, in efforts to develop policy and to en- United States Code, is amended by adding at the employee of the Bureau of Prisons who regu-
force Federal laws relating to violence against end the following:
women, including the litigation of civil and larly interacts with prisoners, including each in-
criminal actions relating to enforcing such laws; ‘‘§ 4051. Treatment of primary caretaker par- structor and health care professional, to enable
‘‘(B) other Federal, State, local, and Tribal ents and other individuals those correctional officers and employees to—
agencies, in efforts to develop policy, provide ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) identify a prisoner who has a mental or
technical assistance, synchronize Federal defi- ‘‘(1) the term ‘correctional officer’ means a physical health need relating to trauma the
nitions and protocols, and improve coordination correctional officer of the Bureau of Prisons; prisoner has experienced; and
among agencies carrying out efforts to eliminate ‘‘(2) the term ‘covered institution’ means a ‘‘(2) refer a prisoner described in paragraph
violence against women, including Indian or in- Federal penal or correctional institution; (1) to the proper healthcare professional for
digenous women; and ‘‘(3) the term ‘Director’ means the Director of treatment.
‘‘(C) grantees, in efforts to combat violence the Bureau of Prisons; ‘‘(f) INMATE HEALTH.—
against women and to provide support and as- ‘‘(4) the term ‘post-partum recovery’ means ‘‘(1) HEALTH CARE ACCESS.—The Director shall
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sistance to victims of such violence. the first 8-week period of post-partum recovery ensure that all prisoners receive adequate
‘‘(7) Exercising such other powers and func- after giving birth; health care.
tions as may be vested in the Director pursuant ‘‘(5) the term ‘primary caretaker parent’ has ‘‘(2) HYGIENIC PRODUCTS.—The Director shall
to this subchapter or by delegation of the Attor- the meaning given the term in section 31903 of make essential hygienic products, including
ney General. the Family Unity Demonstration Project Act (34 shampoo, toothpaste, toothbrushes, and any
‘‘(8) Establishing such rules, regulations, U.S.C. 12242); other hygienic product that the Director deter-
guidelines, and procedures as are necessary to ‘‘(6) the term ‘prisoner’ means an individual mines appropriate, available without charge to
carry out any function of the Office.’’. who is incarcerated in a Federal penal or cor- prisoners.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1451
‘‘(3) GYNECOLOGIST ACCESS.—The Director women during incarceration to reside together ommendations developed under subparagraph
shall ensure that all prisoners have access to a while the inmate serves a term of imprisonment (B), using the research conducted under sub-
gynecologist as appropriate. in a separate housing wing of the prison. paragraph (C), to determine whether any revi-
‘‘(g) USE OF SEX-APPROPRIATE CORRECTIONAL (c) PURPOSES.—The purposes of this section sions or updates should be made, and if so,
OFFICERS.— are to— make such revisions or updates;
‘‘(1) REGULATIONS.—The Director shall make (1) prevent infant mortality among infants (E) hold periodic meetings with the individ-
rules under which— born to incarcerated mothers and greatly reduce uals listed in paragraph (1) at intervals to be de-
‘‘(A) a correctional officer may not conduct a the trauma and stress experienced by the un- termined by the Director;
strip search of a prisoner of the opposite sex un- born fetuses of pregnant inmates; (F) develop tools to communicate parenting
less— (2) reduce the recidivism rates of federally in- program availability and eligibility criteria to
‘‘(i) the prisoner presents a risk of immediate carcerated women and mothers, and enhance each employee of the Bureau of Prisons and
harm to the prisoner or others, and no other public safety by improving the effectiveness of each pregnant inmate to ensure that each preg-
correctional officer of the same sex as the pris- the Federal prison system for women as a popu- nant inmate in the custody of a Bureau of Pris-
oner, or medical staff is available to assist; or lation with special needs; ons facility understands the resources available
‘‘(ii) the prisoner has previously requested (3) establish female offender risk and needs to such inmate; and
that an officer of a different sex conduct assessment as the cornerstones of a more effec- (G) report to Congress in accordance with sub-
searches; tive and efficient Federal prison system; section (i).
‘‘(B) a correctional officer may not enter a (4) implement a validated post-sentencing risk (3) METHODS.—In carrying out the duties
restroom reserved for prisoners of the opposite and needs assessment system that relies on dy- under paragraph (2), the Director shall—
sex unless— namic risk factors to provide Federal prison offi- (A) consult relevant stakeholders; and
‘‘(i) a prisoner in the restroom presents a risk cials with a roadmap to address the pre- and (B) make decisions using data that is based on
of immediate harm to themselves or others; or post-natal needs of Federal pregnant offenders, the best available statistical and empirical evi-
‘‘(ii) there is a medical emergency in the rest- manage limited resources, and enhance public dence.
room and no other correctional officer of the ap- safety; (e) ELIGIBILITY.—An inmate may apply to
propriate sex is available to assist; (5) perform regular outcome evaluations of the participate in the Program if the inmate—
effectiveness of programs and interventions for (1) is pregnant at the beginning of or during
‘‘(C) a transgender prisoner’s sex is deter-
federally incarcerated pregnant women and the term of imprisonment; and
mined according to the sex with which they (2) is in the custody or control of the Federal
identify; and mothers to assure that such programs and inter-
ventions are evidence-based and to suggest Bureau of Prisons.
‘‘(D) a correctional officer may not search or (f) PROGRAM TERMS.—
physically examine a prisoner for the sole pur- changes, deletions, and expansions based on the
results of such evaluations; and (1) TERM OF PARTICIPATION.—To correspond
pose of determining the prisoner’s genital status with the purposes and goals of the Program to
or sex. (6) assist the Department of Justice to address
the underlying cost structure of the Federal promote bonding during the critical stages of
‘‘(2) RELATION TO OTHER LAWS.—Nothing in child development, an eligible inmate selected
paragraph (1) shall be construed to affect the prison system and ensure that the Department
can continue to run prison nurseries safely and for the Program may participate in the Program,
requirements under the Prison Rape Elimination subject to subsection (g), until the earliest of—
Act of 2003 (42 U.S.C. 15601 et seq.).’’. securely without compromising the scope or
quality of the Department’s critical health, safe- (A) the date that the inmate’s term of impris-
(c) SUBSTANCE ABUSE TREATMENT.—Section onment terminates;
3621(e) of title 18, United States Code, is amend- ty and law enforcement missions.
(d) DUTIES OF THE DIRECTOR OF BUREAU OF (B) the date the infant fails to meet any med-
ed by adding at the end the following: ical criteria established by the Director or the
PRISONS.—
‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER PAR- Director’s designee along with a collective deter-
(1) IN GENERAL.—The Director shall carry out
ENTS AND PREGNANT WOMEN.—The Director of mination of the persons listed in subsection
this section in consultation with—
the Bureau of Prisons may not prohibit an eligi- (A) a licensed and board-certified gynecologist (d)(1); or
ble prisoner who is a primary caretaker parent or obstetrician; (C) 30 months.
(as defined in section 4051) or pregnant from (B) the Director of the Administrative Office (2) INMATE REQUIREMENTS.—For the duration
participating in a program of residential sub- of the United States Courts; of an inmate’s participation in the Program, the
stance abuse treatment provided under para- (C) the Director of the Office of Probation and inmate shall agree to—
graph (1) on the basis of a failure by the eligible Pretrial Services; (A) take substantive steps towards acting in
prisoner, before being committed to the custody (D) the Director of the National Institute of the role of a parent or guardian to any child of
of the Bureau of Prisons, to disclose to any offi- Justice; and that inmate;
cial of the Bureau of Prisons that the prisoner (E) the Secretary of Health and Human Serv- (B) participate in any educational or coun-
had a substance abuse problem on or before the ices. seling opportunities established by the Director,
date on which the eligible prisoner was com- (2) DUTIES.—The Director shall, in accordance including topics such as child development, par-
mitted to the custody of the Bureau of Pris- with paragraph (3)— enting skills, domestic violence, vocational
ons.’’. (A) develop an offender risk and needs assess- training, or substance abuse, as appropriate;
(d) IMPLEMENTATION DATE.— ment system particular to the health and sen- (C) abide by any court decision regarding the
(1) IN GENERAL.—Not later than 2 years after sitivities of Federally incarcerated pregnant legal or physical custody of the child;
the date of enactment of this Act, the Director women and mothers in accordance with this (D) transfer to the Federal Bureau of Prisons
of the Bureau of Prisons shall implement this subsection; any child support payments for the infant of the
section and the amendments made by this sec- (B) develop recommendations regarding recidi- participating inmate from any person or govern-
tion. vism reduction programs and productive activi- mental entity; and
(2) REPORT.—Not later than 1 year after the ties in accordance with subsection (c); (E) specify a person who has agreed to take at
date of enactment of this Act, the Director of (C) conduct ongoing research and data anal- least temporary custody of the child if the in-
the Bureau of Prisons shall submit to the Com- ysis on— mate’s participation in the Program terminates
mittee on the Judiciary of the Senate and the (i) the best practices relating to the use of of- before the inmate’s release.
Committee on the Judiciary of the House of Rep- fender risk and needs assessment tools par- (g) CONTINUITY OF CARE.—The Director shall
resentatives a report on the implementation of ticular to the health and sensitivities of feder- take appropriate actions to prevent detachment
this section and the amendments made by this ally incarcerated pregnant women and mothers; or disruption of either an inmate’s or infant’s
section. (ii) the best available risk and needs assess- health and bonding-based well-being due to ter-
(e) TECHNICAL AND CONFORMING AMEND- ment tools particular to the health and sensitivi- mination of the Program.
MENT.—The table of sections for chapter 303 of ties of Federally incarcerated pregnant women (h) REPORTING.—
and mothers and the level to which they rely on (1) IN GENERAL.—Not later than 6 months
title 18, United States Code, is amended by add-
dynamic risk factors that could be addressed after the date of the enactment of this section
ing at the end the following:
and changed over time, and on measures of risk and once each year thereafter for 5 years, the
‘‘4051. Treatment of primary caretaker parents Director shall submit a report to the Congress
of recidivism, individual needs, and responsive-
and other individuals.’’. with regards to progress in implementing the
ness to recidivism reduction programs;
SEC. 1102. PUBLIC HEALTH AND SAFETY OF (iii) the most effective and efficient uses of Program.
WOMEN. (2) FINAL REPORT.—Not later than 6 months
such tools in conjunction with recidivism reduc-
(a) SHORT TITLE.—This section may be cited tion programs, productive activities, incentives, after the termination of the Program, the Direc-
as the ‘‘Stop Infant Mortality And Recidivism and rewards; and tor shall issue a final report to the Congress
Reduction Act’’ or the ‘‘SIMARRA Act’’. (iv) which recidivism reduction programs are that contains a detailed statement of the Direc-
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(b) ESTABLISHMENT.—Not later than 270 days the most effective— tor’s findings and conclusions, including rec-
after the date of the enactment of this section, (I) for Federally incarcerated pregnant women ommendations for legislation, administrative ac-
the Director of the Federal Bureau of Prisons and mothers classified at different recidivism tions, and regulations the Director considers ap-
(in this section referred to as the ‘‘Director’’) risk levels; and propriate.
shall establish a pilot program (in this section (II) for addressing the specific needs of Feder- (i) AUTHORIZATION OF APPROPRIATIONS.—To
referred to as the ‘‘Program’’) in accordance ally incarcerated pregnant women and mothers; carry out this section, there is authorized to be
with this section to permit women incarcerated (D) on a biennial basis, review the system de- appropriated $10,000,000 for each of fiscal years
in Federal prisons and the children born to such veloped under subparagraph (A) and the rec- 2022 through 2026.
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H1452 CONGRESSIONAL RECORD — HOUSE March 17, 2021
SEC. 1103. RESEARCH AND REPORT ON WOMEN IN TITLE XII—LAW ENFORCEMENT TOOLS TO ‘‘(b) REQUIREMENTS FOR REPORT.—A report is
FEDERAL INCARCERATION. ENHANCE PUBLIC SAFETY made in accordance with this subsection if the
Not later than 18 months after the date of en- SEC. 1201. NOTIFICATION TO LAW ENFORCEMENT report is made within 24 hours after the provi-
actment of this Act, and thereafter, every other AGENCIES OF PROHIBITED PUR- sion of the notice described in subsection (a), ex-
year, the National Institutes of Justice, in con- CHASE OR ATTEMPTED PURCHASE cept that the making of the report may be de-
sultation with the Bureau of Justice Statistics OF A FIREARM. layed for so long as is necessary to avoid com-
and the Bureau of Prisons (including the (a) IN GENERAL.—Title I of the NICS Improve- promising an ongoing investigation.
Women and Special Population Branch) shall ment Amendments Act of 2007 (18 U.S.C. 922 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in
prepare a report on the status of women in fed- note) is amended by adding at the end the fol- subsection (a) shall be construed to require a re-
eral incarceration. Depending on the topic to be lowing: port with respect to a person to be made to the
addressed, and the facility, data shall be col- ‘‘SEC. 108. NOTIFICATION TO LAW ENFORCEMENT same State authorities that originally issued the
lected from Bureau of Prisons personnel and a AGENCIES OF PROHIBITED PUR- notice with respect to the person.’’.
sample that is representative of the population CHASE OF A FIREARM. (b) CLERICAL AMENDMENT.—The table of sec-
of incarcerated women. The report shall include: ‘‘(a) IN GENERAL.—In the case of a back- tions for such chapter is amended by inserting
(1) With regard to federal facilities wherein ground check conducted by the National Instant after the item relating to section 925A the fol-
women are incarcerated— Criminal Background Check System pursuant to lowing:
(A) responses by such women to questions the request of a licensed importer, licensed man- ‘‘925B. Reporting of background check denials
from the Adverse Childhood Experience (ACES) ufacturer, or licensed dealer of firearms (as such to State, local, and Tribal au-
questionnaire; terms are defined in section 921 of title 18, thorities.’’.
(B) demographic data of such women, includ- United States Code), which background check
SEC. 1203. SPECIAL ASSISTANT U.S. ATTORNEYS
ing sexual orientation and gender identity; determines that the receipt of a firearm by a
AND CROSS-DEPUTIZED ATTORNEYS.
(C) responses by such women to questions person would violate subsection (g)(8), (g)(9), or
(g)(10) of section 922 of title 18, United States (a) IN GENERAL.—Chapter 44 of title 18,
about the extent of exposure to sexual victimiza-
Code, and such determination is made after 3 United States Code, as amended by this Act, is
tion, sexual violence and domestic violence (both
business days have elapsed since the licensee further amended by inserting after section 925B
inside and outside of incarceration);
contacted the System and a firearm has been the following:
(D) the number of such women were pregnant
at the time that they entered incarceration; transferred to that person, the System shall no- ‘‘§ 925C. Special assistant U.S. attorneys and
(E) the number of such women who have chil- tify the law enforcement agencies described in cross-deputized attorneys
dren age 18 or under, and if so, how many; and subsection (b). ‘‘(a) IN GENERAL.—In order to improve the en-
(F) the crimes for which such women are in- ‘‘(b) LAW ENFORCEMENT AGENCIES DE- forcement of paragraphs (8), (9), and (10) of sec-
carcerated and the length of their sentence and SCRIBED.—The law enforcement agencies de- tion 922(g), the Attorney General may—
to the extent practicable, any information on scribed in this subsection are the law enforce- ‘‘(1) appoint, in accordance with section 543
the connection between the crime of which they ment agencies that have jurisdiction over the lo- of title 28, qualified State, Tribal, territorial and
were convicted & their experience of domestic vi- cation from which the licensee contacted the local prosecutors and qualified attorneys work-
olence, dating violence, sexual assault, or stalk- system and the law enforcement agencies that ing for the United States government to serve as
ing. have jurisdiction over the location of the resi- special assistant United States attorneys for the
(2) With regard to all federal facilities where dence of the person for which the background purpose of prosecuting violations of such para-
persons are incarcerated— check was conducted, as follows: graphs;
(A) a list of best practices with respect to ‘‘(1) The field office of the Federal Bureau of ‘‘(2) deputize State, Tribal, territorial and
women’s incarceration and transition, including Investigation. local law enforcement officers for the purpose of
staff led programs, services and management ‘‘(2) The local law enforcement agency. enhancing the capacity of the agents of the Bu-
practices (including making sanitary products ‘‘(3) The State law enforcement agency. reau of Alcohol, Tobacco, Firearms, and Explo-
readily available and easily accessible, and ac- ‘‘(4) The Tribal law enforcement agency.’’. sives in responding to and investigating viola-
cess to and provision of healthcare); (b) CLERICAL AMENDMENT.—The table of con- tions of such paragraphs; and
(B) the availability of trauma treatment at tents of the NICS Improvement Amendments Act ‘‘(3) establish, in order to receive and expedite
each facility (including number of beds, and of 2007 (18 10 U.S.C. 922 note) is amended by in- requests for assistance from State, Tribal, terri-
number of trained staff); serting after the item relating to section 107 the torial and local law enforcement agencies re-
(C) rates of serious mental illness broken following: sponding to intimate partner violence cases
down by gender and security level and a list of ‘‘Sec. 108. Notification to law enforcement where such agencies have probable cause to be-
residential programs available by site; and agencies of prohibited purchase of lieve that the offenders may be in violation of
(D) the availability of vocational education a firearm.’’. such paragraphs, points of contact within—
and a list of vocational programs provided by SEC. 1202. REPORTING OF BACKGROUND CHECK ‘‘(A) each Field Division of the Bureau of Al-
each facility. DENIALS TO STATE, LOCAL, AND cohol, Tobacco, Firearms, and Explosives; and
SEC. 1104. REENTRY PLANNING AND SERVICES TRIBAL AUTHORITIES. ‘‘(B) each District Office of the United States
FOR INCARCERATED WOMEN. (a) IN GENERAL.—Chapter 44 of title 18, Attorneys.
The Attorney General, in coordination with United States Code, is amended by inserting ‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC
the Chief of U.S. Probation and Pretrial Serv- after section 925A the following: SAFETY.—The Attorney General shall—
ices and the Director of the Bureau of Prisons ‘‘§ 925B. Reporting of background check deni- ‘‘(1) identify no less than 75 jurisdictions
(including Women and Special Population als to State, local, and Tribal authorities among States, territories and Tribes where there
Branch), shall collaborate on a model of gender ‘‘(a) IN GENERAL.—If the national instant are high rates of firearms violence and threats
responsive transition for incarcerated women, criminal background check system established of firearms violence against intimate partners
including the development of a national stand- under section 103 of the Brady Handgun Vio- and other persons protected under paragraphs
ard on prevention with respect to domestic and lence Prevention Act (18 U.S.C. 922 note) pro- (8), (9), and (10) of section 922(g) and where
sexual violence. In developing the model, the vides a notice pursuant to section 922(t) of this local authorities lack the resources to address
Chief and the Director shall consult with such title that the receipt of a firearm by a person such violence; and
experts within the federal government (includ- would violate subsection (g)(8), (g)(9), or (g)(10) ‘‘(2) make such appointments as described in
ing the Office on Violence Against Women of of section 922 of this title or State law, the At- subsection (a) in jurisdictions where enhanced
the Department of Justice) and in the victim torney General shall, in accordance with sub- enforcement of such paragraphs is necessary to
service provider community (including sexual section (b) of this section— reduce firearms homicide and injury rates.
and domestic violence and homelessness, job ‘‘(1) report to the law enforcement authorities ‘‘(c) QUALIFIED DEFINED.—For purposes of
training and job placement service providers) as of the State where the person sought to acquire this section, the term ‘qualified’ means, with re-
are necessary to the completion of a comprehen- the firearm and, if different, the law enforce- spect to an attorney, that the attorney is a li-
sive plan. Issues addressed should include— ment authorities of the State of residence of the censed attorney in good standing with any rel-
(1) the development by the Bureau of Prisons person— evant licensing authority.’’.
of a contract for gender collaborative services; ‘‘(A) that the notice was provided; (b) CLERICAL AMENDMENT.—The table of sec-
and ‘‘(B) of the specific provision of law that tions for such chapter is amended by inserting
(2) identification by re-entry affairs coordina- would have been violated; after the item relating to section 925B the fol-
tors and responsive planning for the needs of re- ‘‘(C) of the date and time the notice was pro- lowing:
entering women with respect to— vided; ‘‘925C. Special assistant U.S. attorneys and
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(A) housing, including risk of homelessness; ‘‘(D) of the location where the firearm was cross-deputized attorneys.’’.
(B) previous exposure to and risk for domestic sought to be acquired; and
and sexual violence; and ‘‘(E) of the identity of the person; and TITLE XIII—CLOSING THE LAW
(C) the need for parenting classes, assistance ‘‘(2) report the incident to local or Tribal law ENFORCEMENT CONSENT LOOPHOLE
securing childcare, or assistance in seeking or enforcement authorities and, where practicable, SEC. 1301. SHORT TITLE.
securing jobs that afford flexibility (as might be State, Tribal, or local prosecutors, in the juris- This title may be cited as the ‘‘Closing the
necessary in the re-entry, parenting or other diction where the firearm was sought and in the Law Enforcement Consent Loophole Act of
contexts). jurisdiction where the person resides. 2021’’.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1453
SEC. 1302. PROHIBITION ON ENGAGING IN SEX- (2) Section 41601 of the Violence Against SEC. 1403. CHILD ABUSE TRAINING PROGRAMS
UAL ACTS WHILE ACTING UNDER Women Act of 1994 (34 U.S.C. 12511) (commonly FOR JUDICIAL PERSONNEL AND
COLOR OF LAW. PRACTITIONERS REAUTHORIZATION.
referred to as the ‘‘Sexual Assault Services Pro-
(a) IN GENERAL.—Section 2243 of title 18, gram’’). Section 224(a) of the Crime Control Act of 1990
United States Code, is amended— (e) GRANT TERM.— (34 U.S.C. 20334(a)) is amended by striking ‘‘2014
(1) in the section heading, by adding at the (1) IN GENERAL.—The Attorney General shall through 2018’’ and inserting ‘‘2022 through
end the following: ‘‘or by any person acting provide an increase in the amount provided to a 2026’’.
under color of law’’; State under the grant programs described in SEC. 1404. SEX OFFENDER MANAGEMENT.
(2) by redesignating subsections (c) and (d) as subsection (d) for a 2-year period. Section 40152(c) of the Violent Crime Control
subsections (d) and (e), respectively; (2) RENEWAL.—A State that receives a grant and Law Enforcement Act of 1994 (34 U.S.C.
(3) by inserting after subsection (b) the fol- under this section may submit an application 12311(c)) is amended by striking ‘‘2014 through
lowing: for a renewal of such grant at such time, in 2018’’ and inserting ‘‘2022 through 2026’’.
‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACT- SEC. 1405. COURT-APPOINTED SPECIAL ADVO-
such manner, and containing such information
ING UNDER COLOR OF LAW.— CATE PROGRAM.
as the Attorney General may reasonably re-
‘‘(1) IN GENERAL.—Whoever, acting under Section 219(a) of the Crime Control Act of 1990
quire.
color of law, knowingly engages in a sexual act (34 U.S.C. 20324(a)) is amended by striking ‘‘2014
(3) LIMIT.—A State may not receive a grant
with an individual, including an individual who through 2018’’ and inserting ‘‘2022 through
under this section for more than 4 years.
is under arrest, in detention, or otherwise in the 2026’’.
(f) USES OF FUNDS.—A State that receives a
actual custody of any Federal law enforcement SEC. 1406. SEXUAL ASSAULT FORENSIC EXAM
grant under this section shall use—
officer, shall be fined under this title, impris- PROGRAM GRANTS.
(1) 25 percent of such funds for any of the
oned not more than 15 years, or both. Section 304(d) of the DNA Sexual Assault Jus-
permissible uses of funds under the grant pro-
‘‘(2) DEFINITION.—In this subsection, the term tice Act of 2004 (34 U.S.C. 40723(d)) is amended
gram described in paragraph (1) of subsection
‘sexual act’ has the meaning given the term in by striking ‘‘2019 through 2024’’ and inserting
(d); and
section 2246.’’; and ‘‘2022 through 2026’’.
(4) in subsection (d), as so redesignated, by (2) 75 percent of such funds for any of the
SEC. 1407. REVIEW ON LINK BETWEEN SUB-
adding at the end the following: permissible uses of funds under the grant pro-
STANCE USE AND VICTIMS OF DO-
‘‘(3) In a prosecution under subsection (c), it gram described in paragraph (2) of subsection MESTIC VIOLENCE DATING VIO-
is not a defense that the other individual con- (d). LENCE, SEXUAL ASSAULT, OR STALK-
sented to the sexual act.’’. (g) AUTHORIZATION OF APPROPRIATIONS.— ING.
(b) DEFINITION.—Section 2246 of title 18, There are authorized to be appropriated to carry Not later than 24 months after the date of en-
United States Code, is amended— out this chapter $5,000,000 for each of fiscal actment of this Act, the Secretary of the Depart-
(1) in paragraph (5), by striking ‘‘and’’ at the years 2022 through 2026. ment of Health and Human Services shall com-
end; (h) DEFINITION.—For purposes of this section, plete a review and submit a report to Congress
(2) in paragraph (6), by striking the period at the term ‘‘State’’ means each of the several on whether being a victim of domestic violence,
the end and inserting ‘‘; and’’; and States and the District of Columbia, Indian dating violence, sexual assault, or stalking in-
(3) by inserting after paragraph (6) the fol- Tribes, and the Commonwealth of Puerto Rico, creases the likelihood of having a substance use
lowing: Guam, American Samoa, the Virgin Islands, and disorder.
‘‘(7) the term ‘Federal law enforcement officer’ the Northern Mariana Islands. SEC. 1408. INTERAGENCY WORKING GROUP TO
has the meaning given the term in section 115.’’. SEC. 1304. REPORTS TO CONGRESS. STUDY FEDERAL EFFORTS TO COL-
(c) CLERICAL AMENDMENT.—The table of sec- (a) REPORT BY ATTORNEY GENERAL.—Not later LECT DATA ON SEXUAL VIOLENCE.
tions for chapter 109A of title 18, United States than 1 year after the date of enactment of this (a) ESTABLISHMENT.—Not later than 180 days
Code, is amended by amending the item related Act, and each year thereafter, the Attorney after the date of the enactment of this Act, the
to section 2243 to read as follows: General shall submit to Congress a report con- Attorney General shall establish an interagency
taining— working group (in this section referred to as the
‘‘2243. Sexual abuse of a minor or ward or by
(1) the information required to be reported to ‘‘Working Group’’) to study Federal efforts to
any person acting under color of
the Attorney General under section 3(b); and collect data on sexual violence and to make rec-
law.’’.
(2) information on— ommendations on the harmonization of such ef-
SEC. 1303. INCENTIVES FOR STATES.
(A) the number of reports made, during the forts.
(a) AUTHORITY TO MAKE GRANTS.—The Attor- (b) COMPOSITION.—The Working Group shall
ney General is authorized to make grants to previous year, to Federal law enforcement agen-
be comprised of at least one representative from
States that have in effect a law that— cies regarding persons engaging in a sexual act
the following agencies, who shall be selected by
(1) makes it a criminal offense for any person while acting under color of law; and
the head of that agency:
acting under color of law of the State to engage (B) the disposition of each case in which sex-
(1) The Centers for Disease Control and Pre-
in a sexual act with an individual, including an ual misconduct by a person acting under color
vention.
individual who is under arrest, in detention, or of law was reported. (2) The Department of Education.
otherwise in the actual custody of any law en- (b) REPORT BY GAO.—Not later than 1 year (3) The Department of Health and Human
forcement officer; and after the date of enactment of this Act, and Services.
(2) prohibits a person charged with an offense each year thereafter, the Comptroller General of (4) The Department of Justice.
described in paragraph (1) from asserting the the United States shall submit to Congress a re- (5) The Equal Employment Opportunity Com-
consent of the other individual as a defense. port on any violations of section 2243(c) of title mission.
(b) REPORTING REQUIREMENT.—A State that 18, United States Code, as amended by section 2, (c) DUTIES.—The Working Group shall con-
receives a grant under this section shall submit committed during the 1-year period covered by sider the following:
to the Attorney General, on an annual basis, in- the report. (1) What activity constitutes different acts of
formation on— SEC. 1305. DEFINITION. sexual violence.
(1) the number of reports made to law enforce- (2) Whether reports that use the same terms
In this title, the term ‘‘sexual act’’ has the
ment agencies in that State regarding persons for acts of sexual violence are collecting the
meaning given the term in section 2246 of title
engaging in a sexual act while acting under same data on these acts.
18, United States Code. (3) Whether the context which led to an act of
color of law during the previous year; and TITLE XIV—OTHER MATTERS sexual violence should impact how that act is
(2) the disposition of each case in which sex-
SEC. 1401. NATIONAL STALKER AND DOMESTIC VI- accounted for in reports.
ual misconduct by a person acting under color
OLENCE REDUCTION. (4) Whether the data collected is presented in
of law was reported during the previous year.
Section 40603 of the Violent Crime Control and a way that allows the general public to under-
(c) APPLICATION.—A State seeking a grant
Law Enforcement Act of 1994 (34 U.S.C. 12402) is stand what acts of sexual violence are included
under this section shall submit an application to
amended by striking ‘‘2014 through 2018’’ and in each measurement.
the Attorney General at such time, in such man- (5) Steps that agencies that compile reports re-
ner, and containing such information as the At- inserting ‘‘2022 through 2026’’.
SEC. 1402. FEDERAL VICTIM ASSISTANTS REAU-
lating to sexual violence can take to avoid dou-
torney General may reasonably require, includ- ble counting incidents of sexual violence.
ing information about the law described in sub- THORIZATION.
(d) REPORT REQUIRED.—Not later than 2 years
section (a). Section 40114 of the Violence Against Women
after the date of the enactment of this Act, the
(d) GRANT AMOUNT.—The amount of a grant Act of 1994 (Public Law 103–322) is amended to
Working Group shall publish and submit to
to a State under this section shall be in an read as follows:
Congress a report on the following:
amount that is not greater than 10 percent of ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VIC- (1) The activities of the Working Group.
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the average of the total amount of funding of TIM’S COORDINATORS. (2) Recommendations to harmonize Federal ef-
the 3 most recent awards that the State received ‘‘There are authorized to be appropriated for forts to collect data on sexual violence.
under the following grant programs: the United States Attorneys for the purpose of (3) Actions Federal agencies can take to im-
(1) Part T of title I of the Omnibus Crime Con- appointing victim/witness coordinators for the plement the recommendations described in para-
trol and Safe Streets Act of 1968 (34 U.S.C. 10441 prosecution of sex crimes and domestic violence graph (2).
et seq.) (commonly referred to as the ‘‘STOP Vi- crimes where applicable (such as the District of (4) Recommendations, if any, for congres-
olence Against Women Formula Grant Pro- Columbia), $1,000,000 for each of fiscal years sional action to implement the recommendations
gram’’). 2022 through 2026.’’. described in paragraph (2).
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H1454 CONGRESSIONAL RECORD — HOUSE March 17, 2021
(e) TERMINATION.—The Working Group shall (B) An assurance that, not fewer than 30 days (3) training for State or local emergency dis-
terminate 30 days after the date on which the before the application (or any amendment to the patch personnel relating to cybercrimes against
report is submitted pursuant to subsection (d). application) was submitted to the Attorney Gen- individuals, including—
(f) DEFINITIONS.—In this section: eral, the application (or amendment) was sub- (A) training such personnel to identify and
(1) HARMONIZE.—The term ‘‘harmonize’’ in- mitted for review to the governing body of the protect victims of cybercrimes against individ-
cludes efforts to coordinate sexual violence data State or unit of local government (or to an orga- uals;
collection to produce complementary informa- nization designated by that governing body). (B) training such personnel to utilize Federal,
tion, as appropriate, without compromising pro- (C) An assurance that, before the application State, local, and other resources to assist victims
grammatic needs. (or any amendment to the application) was sub- of cybercrimes against individuals;
(2) SEXUAL VIOLENCE.—The term ‘‘sexual vio- mitted to the Attorney General— (C) training such personnel to utilize tech-
lence’’ includes an unwanted sexual act (includ- (i) the application (or amendment) was made nology to assist in the identification of and re-
ing both contact and non-contact) about which public; and sponse to cybercrimes against individuals; and
the Federal Government collects information. (ii) an opportunity to comment on the applica- (D) the payment of overtime incurred as a re-
SEC. 1409. NATIONAL DOMESTIC VIOLENCE HOT- tion (or amendment) was provided to citizens sult of such training;
LINE. and to neighborhood or community-based orga- (4) assistance to State or local law enforce-
Not later than 3 months after the date of en- nizations, to the extent applicable law or estab- ment agencies in enforcing laws that prohibit
actment of this Act, a national domestic violence lished procedure makes such an opportunity cybercrimes against individuals, including ex-
hotline for which a grant is provided under sec- available. penses incurred in performing enforcement oper-
tion 313 of the Family Violence Prevention and (D) An assurance that, for each fiscal year ations, such as overtime payments;
Services Act shall include the voluntary feature covered by an application, the applicant shall (5) assistance to State or local law enforce-
of texting via telephone to ensure all methods of maintain and report such data, records, and in- ment agencies in educating the public in order
communication are available for victims and formation (programmatic and financial) as the to prevent, deter, and identify violations of laws
those seeking assistance. Attorney General may reasonably require. that prohibit cybercrimes against individuals;
SEC. 1410. DEPUTY ASSISTANT ATTORNEY GEN- (E) A certification, made in a form acceptable (6) assistance to State or local law enforce-
ERAL ON CULTURALLY SPECIFIC to the Attorney General and executed by the ment agencies to establish task forces that oper-
COMMUNITIES WITHIN THE OFFICE chief executive officer of the applicant (or by ate solely to conduct investigations, forensic
OF JUSTICE PROGRAMS. another officer of the applicant, if qualified analyses of evidence, and prosecutions in mat-
There shall be a Deputy Assistant Attorney under regulations promulgated by the Attorney ters involving cybercrimes against individuals;
General on Culturally Specific Communities General), that— (7) assistance to State or local law enforce-
within the Office of Justice Programs who shall, (i) the programs to be funded by the grant ment and prosecutors in acquiring computers,
under the guidance and authority of the Assist- meet all the requirements of this section; computer equipment, and other equipment nec-
ant Attorney General Office of Justice Pro- (ii) all the information contained in the appli- essary to conduct investigations and forensic
grams— cation is correct; analysis of evidence in matters involving
(1) oversee the administration of grants re- (iii) there has been appropriate coordination cybercrimes against individuals, including ex-
lated to culturally specific services and con- with affected agencies; and penses incurred in the training, maintenance, or
tracts with culturally specific organizations; (iv) the applicant will comply with all provi- acquisition of technical updates necessary for
(2) coordinate development of Federal policy, sions of this section and all other applicable the use of such equipment for the duration of a
protocols, and guidelines on matters relating to Federal laws. reasonable period of use of such equipment;
domestic violence, dating violence, sexual as- (F) A certification that the State or in the (8) assistance in the facilitation and pro-
sault and stalking, in culturally specific commu- case of a unit of local government, the State in motion of sharing, with State and local law en-
nities; which the unit of local government is located, forcement officers and prosecutors, of the exper-
(3) advise the Assistant Attorney General of has in effect criminal laws which prohibit tise and information of Federal law enforcement
the Office of Justice Programs concerning poli- cybercrimes against individuals. agencies about the investigation, analysis, and
cies, legislation, implementation of laws, and (G) A certification that any equipment de- prosecution of matters involving laws that pro-
other issues relating to domestic violence, dating scribed in subsection (c)(7) purchased using hibit cybercrimes against individuals, including
violence, sexual assault and stalking in cul- grant funds awarded under this section will be the use of multijurisdictional task forces; or
turally specific communities; used primarily for investigations and forensic (9) assistance to State and local law enforce-
(4) provide technical assistance, coordination, analysis of evidence in matters involving ment and prosecutors in processing interstate
and support to other offices and bureaus in the cybercrimes against individuals. extradition requests for violations of laws in-
Department of Justice to develop policy and to (c) USE OF FUNDS.—Grants awarded under volving cybercrimes against individuals, includ-
enforce Federal laws relating to domestic vio- this section may only be used for programs that ing expenses incurred in the extradition of an
lence, dating violence, sexual assault, and stalk- provide— offender from one State to another.
ing in culturally specific communities; (1) training for State or local law enforcement (d) REPORT TO THE SECRETARY.—On the date
(5) ensure that appropriate technical assist- personnel relating to cybercrimes against indi- that is 1 year after the date on which a State or
ance, developed and provided by entities having viduals, including— unit of local government receives a grant under
expertise in culturally specific is made available (A) training such personnel to identify and this section, and annually thereafter, the chief
to grantees and potential grantees proposing to protect victims of cybercrimes against individ- executive of such State or unit of local govern-
serve culturally specific communities; and uals; ment shall submit to the Attorney General a re-
(6) ensure access to grants and technical as- (B) training such personnel to utilize Federal, port which contains—
sistance for culturally specific organizations State, local, and other resources to assist victims (1) a summary of the activities carried out
and analyze the distribution of funding in order of cybercrimes against individuals; during the previous year with any grant re-
to identify barriers for culturally specific orga- (C) training such personnel to identify and in- ceived by such State or unit of local govern-
nizations. vestigate cybercrimes against individuals; ment;
TITLE XV—CYBERCRIME ENFORCEMENT (D) training such personnel to enforce and (2) an evaluation of the results of such activi-
SEC. 1501. LOCAL LAW ENFORCEMENT GRANTS utilize the laws that prohibit cybercrimes ties; and
FOR ENFORCEMENT OF against individuals; (3) such other information as the Attorney
CYBERCRIMES. (E) training such personnel to utilize tech- General may reasonably require.
(a) IN GENERAL.—Subject to the availability of nology to assist in the investigation of (e) REPORT TO CONGRESS.—Not later than No-
appropriations, the Attorney General shall cybercrimes against individuals and enforce- vember 1 of each even-numbered fiscal year, the
award grants under this section to States and ment of laws that prohibit such crimes; and Attorney General shall submit to the Committee
units of local government for the prevention, en- (F) the payment of overtime incurred as a re- on the Judiciary of the House of Representatives
forcement, and prosecution of cybercrimes sult of such training; and the Committee on the Judiciary of the Sen-
against individuals. (2) training for State or local prosecutors, ate a report that contains a compilation of the
(b) APPLICATION.— judges, and judicial personnel, relating to information contained in the report submitted
(1) IN GENERAL.—To request a grant under cybercrimes against individuals, including— under subsection (d).
this section, the chief executive officer of a State (A) training such personnel to identify, inves- (f) AUTHORIZATION OF APPROPRIATIONS.—
or unit of local government shall submit an ap- tigate, prosecute, or adjudicate cybercrimes (1) IN GENERAL.—There are authorized to be
plication to the Attorney General within 90 days against individuals; appropriated to carry out this section $20,000,000
after the date on which funds to carry out this (B) training such personnel to utilize laws for each of fiscal years 2022 through 2026.
section are appropriated for a fiscal year, in that prohibit cybercrimes against individuals; (2) LIMITATION.—Of the amount made avail-
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such form as the Attorney General may require. (C) training such personnel to utilize Federal, able under paragraph (1) in any fiscal year, not
Such application shall include the following: State, local, and other resources to assist victims more than 5 percent may be used for evaluation,
(A) A certification that Federal funds made of cybercrimes against individuals; and monitoring, technical assistance, salaries, and
available under this section will not be used to (D) training such personnel to utilize tech- administrative expenses.
supplant State or local funds, but will be used nology to assist in the prosecution or adjudica- (g) DEFINITIONS.—In this section:
to increase the amounts of such funds that tion of acts of cybercrimes against individuals, (1) The term ‘‘cybercrimes against individ-
would, in the absence of Federal funds, be made including the use of technology to protect vic- uals’’ means the criminal offenses applicable in
available for law enforcement activities. tims of such crimes; the relevant State or unit of local government
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1455
that involve the use of a computer to cause per- recipient resubmits an application described in (1) design and create within the Uniform
sonal harm to an individual, such as the use of subsection (b) in such form, and at such time as Crime Reports a category for offenses that con-
a computer to harass, threaten, stalk, extort, co- the Attorney General may reasonably require. stitute cybercrimes against individuals;
erce, cause fear, intimidate, without consent (e) SUBGRANTS.—The eligible entity awarded a (2) to the extent feasible, within the category
distribute intimate images of, or violate the pri- grant under this section may make subgrants to established under paragraph (1), establish sub-
vacy of, an individual, except that— other nonprofit private organizations with rel- categories for each type of cybercrime against
(A) use of a computer need not be an element evant subject matter expertise in order to estab- individuals that is an offense under Federal or
of such an offense; and lish and maintain the National Resource Center State law;
(B) such term does not include the use of a on Cybercrimes Against Individuals in accord- (3) classify the category established under
computer to cause harm to a commercial entity, ance with subsection (c). paragraph (1) as a Part I crime in the Uniform
government agency, or any non-natural per- (f) REPORT TO THE SECRETARY.—On the date Crime Reports; and
sons. that is 1 year after the date on which an eligible (4) classify each type of cybercrime against in-
(2) The term ‘‘computer’’ includes a computer entity receives a grant under this section, and dividuals that is an offense under Federal or
network and an interactive electronic device. annually thereafter for the duration of the State law as a Group A offense for the purpose
SEC. 1502. NATIONAL RESOURCE CENTER GRANT. grant period, the entity shall submit to the At- of the National Incident-Based Reporting Sys-
(a) IN GENERAL.—Subject to the availability of torney General a report which contains— tem.
appropriations, the Attorney General shall (1) a summary of the activities carried out (d) ANNUAL SUMMARY.—The Attorney General
award a grant under this section to an eligible under the grant program during the previous shall publish an annual summary of the infor-
entity for the purpose of the establishment and year; mation reported in the Uniform Crime Reports
maintenance of a National Resource Center on (2) an evaluation of the results of such activi- and the National Incident-Based Reporting Sys-
Cybercrimes Against Individuals to provide re- ties; and tem relating to cybercrimes against individuals.
source information, training, and technical as- (3) such other information as the Attorney TITLE XVI—KEEPING CHILDREN SAFE
sistance to improve the capacity of individuals, General may reasonably require. FROM FAMILY VIOLENCE
(g) REPORT TO CONGRESS.—Not later than No-
organizations, governmental entities, and com- SEC. 1601. SHORT TITLE.
vember 1 of each even-numbered fiscal year, the
munities to prevent, enforce, and prosecute This title may be cited as the ‘‘Keeping Chil-
Attorney General shall submit to the Committee
cybercrimes against individuals. dren Safe From Family Violence Act’’ or
on the Judiciary of the House of Representatives
(b) APPLICATION.—To request a grant under ‘‘Kayden’s Law’’.
and the Committee on the Judiciary of the Sen-
this section, an eligible entity shall submit an SEC. 1602. FINDINGS.
ate a report that contains a compilation of the
application to the Attorney General not later Congress finds the following:
information contained in the report submitted
than 90 days after the date on which funds to (1) Approximately one in 15 million children
under subsection (d).
carry out this section are appropriated for fiscal are exposed each year to domestic violence.
(h) AUTHORIZATION OF APPROPRIATIONS.—
year 2022 in such form as the Attorney General (2) Most child abuse is perpetrated in the fam-
There are authorized to be appropriated to carry
may require. Such application shall include the ily and by a parent. Intimate partner violence
out this section $4,000,000 for each of fiscal
following: and child abuse overlap in the same families at
years 2022 through 2026.
(1) An assurance that, for each fiscal year rates of 30 to 60 percent. A child’s risk of abuse
(i) DEFINITIONS.—In this section:
covered by an application, the applicant shall (1) CYBERCRIMES AGAINST INDIVIDUALS.—The increases after a perpetrator of intimate partner
maintain and report such data, records, and in- term ‘‘cybercrimes against individuals’’ has the violence separates from their domestic partner,
formation (programmatic and financial) as the meaning given such term in section 1501(g). even when the perpetrator had not previously
Attorney General may reasonably require. (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- directly abused the child. Children who have
(2) A certification, made in a form acceptable ty’’ means a nonprofit private organization that witnessed intimate partner violence are approxi-
to the Attorney General, that— focuses on cybercrimes against individuals and mately four times more likely to experience di-
(A) the programs funded by the grant meet all that— rect child maltreatment than children who have
the requirements of this section; (A) provides documentation to the Attorney not witnessed intimate partner violence.
(B) all the information contained in the appli- General demonstrating experience working di- (4) More than 75 percent of child sexual abuse
cation is correct; and rectly on issues of cybercrimes against individ- is perpetrated by a family member or a person
(C) the applicant will comply with all provi- uals; and known to the child. U.S. Department of Justice
sions of this section and all other applicable (B) includes on the entity’s advisory board data shows that family members are almost half
Federal laws. representatives who have a documented history (49 percent) of the perpetrators of child sex as-
(c) USE OF FUNDS.—The eligible entity award- of working directly on issues of cybercrimes sault victims under age 6.
ed a grant under this section shall use such against individuals and who are geographically (5) Research suggests a child’s exposure to a
amounts for the establishment and maintenance and culturally diverse. batterer is among the strongest indicators of risk
of a National Resource Center on Cybercrimes SEC. 1503. NATIONAL STRATEGY, CLASSIFICA- of incest victimization. One study found female
Against Individuals, which shall— TION, AND REPORTING ON children whose fathers were batterers of the
(1) offer a comprehensive array of technical CYBERCRIME. mother were six-and-a-half times more likely to
assistance and training resources to Federal, (a) DEFINITIONS.—In this section: experience father-daughter incest than female
State, and local governmental agencies, commu- (1) COMPUTER.—The term ‘‘computer’’ in- children who do not have an abusive father.
nity-based organizations, and other profes- cludes a computer network and any interactive (6) Child abuse is a major public health issue
sionals and interested parties, related to electronic device. in the United States. Total lifetime financial
cybercrimes against individuals, including pro- (2) CYBERCRIME AGAINST INDIVIDUALS.—The costs associated with just one year of confirmed
grams and research related to victims; term ‘‘cybercrime against individuals’’ means a cases of child maltreatment (including child
(2) maintain a resource library which shall Federal, State, or local criminal offense that in- physical abuse, sexual abuse, psychological
collect, prepare, analyze, and disseminate infor- volves the use of a computer to cause personal abuse and neglect) results in $124 billion in an-
mation and statistics related to— harm to an individual, such as the use of a com- nual costs to the U.S. economy, or approxi-
(A) the incidence of cybercrimes against indi- puter to harass, threaten, stalk, extort, coerce, mately one percent of the gross domestic prod-
viduals; cause fear, intimidate, without consent dis- uct.
(B) the enforcement, and prosecution of laws tribute intimate images of, or violate the privacy (7) Empirical research indicates that allega-
relating to cybercrimes against individuals; and of, an individual, except that— tions of child physical and sexual abuse are reg-
(C) the provision of supportive services and re- (A) use of a computer need not be an element ularly discounted by courts when raised in child
sources for victims of cybercrimes against indi- of the offense; and custody cases, with fewer than one-fourth of
viduals; and (B) the term does not include the use of a com- claims that a father has committed child phys-
(3) conduct research related to— puter to cause harm to a commercial entity, gov- ical or sexual abuse believed; and where the al-
(A) the causes of cybercrimes against individ- ernment agency, or non-natural person. legedly abusive parent claimed the mother was
uals; (b) NATIONAL STRATEGY.—The Attorney Gen- ‘‘alienating’’ the child, only 1 out of 51 claims of
(B) the effect of cybercrimes against individ- eral shall develop a national strategy to— sexual molestation by a father were believed.
uals on victims of such crimes; and (1) reduce the incidence of cybercrimes against Independent research indicates that child sex-
(C) model solutions to prevent or deter individuals; ual abuse allegations are credible 50 to 70 per-
cybercrimes against individuals or to enforce the (2) coordinate investigations of cybercrimes cent of the time.
laws relating to cybercrimes against individuals. against individuals by Federal law enforcement (8) Empirical research shows that alleged or
(d) DURATION OF GRANT.— agencies; and known abusive parents are often granted cus-
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(1) IN GENERAL.—The grant awarded under (3) increase the number of Federal prosecu- tody or unprotected parenting time by courts.
this section shall be awarded for a period of 5 tions of cybercrimes against individuals. Approximately one-third of parents alleged to
years. (c) CLASSIFICATION OF CYBERCRIMES AGAINST have committed child abuse took primary cus-
(2) RENEWAL.—A grant under this section may INDIVIDUALS FOR PURPOSES OF CRIME RE- tody from the protective parent reporting the
be renewed for additional 5-year periods if the PORTS.—In accordance with the authority of the abuse, placing children at ongoing risk.
Attorney General determines that the funds Attorney General under section 534 of title 28, (9) Researchers have documented nearly 800
made available to the recipient were used in a United States Code, the Director of the Federal children murdered in the United States since
manner described in subsection (c), and if the Bureau of Investigation shall— 2008 by a divorcing or separating parent. More
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H1456 CONGRESSIONAL RECORD — HOUSE March 17, 2021
than 100 of these child murders are known to the child is bonded or attached, nor shall the at such time, in such manner, and containing
have occurred after a court ordered the child child’s contact with such parent be restricted, such information as the Attorney General may
into contact with the dangerous parent over the solely in order to improve a deficient relation- reasonably require, including information re-
objection of a safe parent or caregiver. ship with the other parent. garding the law described in section 1605.
(10) Scientifically unsound theories that treat (B) REUNIFICATION TREATMENT.—No ‘‘reunifi- SEC. 1607. RULE OF CONSTRUCTION.
mothers’ abuse allegations as likely false at- cation treatment’’ may be ordered by the court Nothing in this title shall be interpreted to
tempts to undermine the father are frequently without scientifically valid and generally ac- discourage States from adopting additional pro-
applied in family court to minimize or deny par- cepted proof of the safety, effectiveness and visions to increase safe outcomes for children;
ents’ and children’s reports of abuse. Many ex- therapeutic value of the particular treatment, additional protective provisions are encouraged.
perts who testify against abuse allegations lack nor may any treatment predicated on cutting off SEC. 1608. GRANT TERM.
expertise in the relevant type of alleged abuse, a child from the parent to whom they are bond- (a) IN GENERAL.—The term of a covered grant
relying instead on unsound and unproven theo- ed or attached be ordered. shall be for one year.
ries. (C) CAUSES OF CHILD RESISTANCE.—Any order (b) RENEWAL.—A State that receives a covered
(11) Judges presiding over custody cases with to remediate a child’s contact resistance must grant may submit an application for a renewal
allegations of child abuse, child sexual abuse, address the resisted parent’s behaviors or con- of such grant at such time, in such manner, and
and domestic violence are rarely required to re- tributions to the child’s resistance first, before containing such information as the Attorney
ceive training on these subjects, nor have most ordering the preferred parent to take steps to General may reasonably require.
states established standards for such trainings. potentially improve the child’s relationship with (c) LIMIT.—A State shall not receive a covered
SEC. 1603. PURPOSES. the parent they resist. grant for more than 4 years.
The purposes of this title are to: (4) TRAINING AND EDUCATION PROGRAM.— SEC. 1609. USES OF FUNDS.
(A) IN GENERAL.—The state has in place an A State that receives an increase under the
(1) increase the priority given to child safety
ongoing education and training program for covered formula grants under this title shall use
in any private state court proceeding affecting
judges and magistrates who hear custody mat- the amount of the increase for subgrants pursu-
children’s care and custody, excluding child
ters, and relevant court personnel, including ant to section 2007(c)(4)(C) or (D) of title I of the
protective and social service proceedings;
guardians ad litem, best interest attorneys, Omnibus Crime Control and Safe Streets Act of
(2) strengthen courts’ abilities to recognize
counsel for children, custody evaluators, mas- 1968 (34 U.S.C. 10446(c)(4)).
and adjudicate domestic violence and child
ters, and mediators, focusing solely on domestic
abuse allegations based on valid, admissible evi- SEC. 1610. AUTHORIZATION OF APPROPRIATIONS.
violence and child abuse, including—
dence, and to enter orders which protect and There is authorized to be appropriated to
(i) child sexual abuse;
minimize the risk of harm to children as the first (ii) physical abuse; carry out this title $5,000,000 for each of fiscal
priority; and (iii) emotional abuse; years 2022 through 2026.
(3) ensure that professional personnel in- (iv) coercive control;
volved in cases containing abuse allegations re-
The SPEAKER pro tempore. The bill,
(v) implicit and explicit bias;
ceive trauma-informed and culturally appro- (vi) trauma; as amended, shall be debatable for 1
priate training on the dynamics, signs and im- (vii) long and short-term impacts of domestic hour equally divided and controlled by
pact of domestic violence and child abuse, in- violence and child abuse on children; and the chair and ranking minority mem-
cluding child sexual abuse. (viii) victim and perpetrator behaviors. ber of the Committee on the Judiciary
SEC. 1604. DEFINITION OF COVERED FORMULA (B) PROVIDERS.—Training must be provided or their respective designees.
GRANT. by — The gentleman from New York (Mr.
The term ‘‘covered formula grant’’ means a (i) professionals with substantial experience in
assisting survivors of domestic violence or child NADLER) and the gentlewoman from
grant under part T of title I of the Omnibus Minnesota (Mrs. FISCHBACH) each will
Crime Control and Safe Streets Act of 1968 (34 abuse, such as a victim service provider; and
(ii) where possible, survivors of domestic vio- control 30 minutes.
U.S.C. 10441 et seq.) (commonly referred to as
lence, or child physical or sexual abuse. GENERAL LEAVE
the ‘‘STOP Violence Against Women Formula
(C) EVIDENCE-BASED RESEARCH.— Mr. NADLER. Madam Speaker, I ask
Grant Program’’). (i) IN GENERAL.—The education and training
SEC. 1605. INCREASED FUNDING FOR FORMULA program in subparagraph (A) shall rely on evi-
unanimous consent that all Members
GRANTS AUTHORIZED.
dence-based and peer-reviewed research by rec- may have 5 legislative days in which to
(a) IN GENERAL.—The Attorney General shall ognized experts in the types of abuse designated revise and extend their remarks and in-
increase the amount provided to a State under under this section. sert extraneous material on H.R. 1620.
the covered formula grants in accordance with (ii) EXCLUSION.—The education and training The SPEAKER pro tempore. Is there
this title if— program shall not include theories, concepts, objection to the request of the gen-
(1) EVIDENCE.— and belief systems unsupported by valid, cred-
(A) EXPERTS.—The State has in place a law
tleman from New York?
ible scientific research. There was no objection.
ensuring that, in a custody proceeding where a (D) OBJECTIVE OF EDUCATION AND TRAINING
parent has been alleged to have committed do- Mr. NADLER. Madam Speaker, I
PROGRAM.—The education and training program
mestic violence or child abuse, including child shall be designed to improve the ability of courts
yield myself 3 minutes.
sexual abuse, evidence from court-appointed or to recognize and respond to child physical Madam Speaker, the Violence
outside professionals regarding the alleged abuse, child sexual abuse, domestic violence, Against Women Act, or VAWA, was
abuse may be admitted only when the profes- and trauma on all family victims, particularly signed into law in 1994 to help ensure
sional possesses demonstrated expertise and children, and make appropriate custody deci- that women in America are free from
clinical, not solely forensic, experience in work- sions that prioritize child safety and well-being, violence and free from fear. At the
ing with victims of domestic violence or child and shall be culturally sensitive and appro- time that VAWA was enacted, it was
abuse, including child sexual abuse. priate for diverse communities.
(B) NON-EXPERTS.—The State has in place a
all too common for violent crimes
(E) TRAINING REQUIREMENTS.—Judges and all
law ensuring that, in a custody proceeding other personnel identified in subparagraph (A)
against women to go without appro-
where a parent has been alleged to have com- must receive at least 60 hours of initial training priate response and to remain
mitted domestic violence or child abuse, includ- on these identified topics, and at least 20 hours unaddressed by the criminal justice
ing child sexual abuse, evidence of past sexual of this ongoing training every two years. system.
or physical abuse committed by a party, includ- (F) CUSTODY EVALUATOR REQUIREMENTS.— But through programs implemented
ing but not limited to any past or current pro- Prior to being appointed in a case, a custody under VAWA, Congress began to help
tection from abuse orders, sexual violence abuse evaluator shall, at a minimum, hold a Master’s provide communities in America the
protection orders, arrests, or convictions, must degree in a relevant field and must have com- assistance they need to combat the
be considered in determining the truth of any pleted the training requirements of subpara-
allegations of family violence. graph (E).
crimes of domestic violence, dating vi-
(2) EXPERTS.—The State has in place uniform (4) LEGAL REPRESENTATION.—The state shall olence, sexual assault, and stalking.
required standards of domestic violence and notify parties of the importance of legal rep- Building on this success, H.R. 1620 is
child abuse expertise and experience for all resentation and shall direct the parties to ap- bipartisan legislation that reauthorizes
court-appointed neutral professional opinions propriate resources. and strengthens the Violence Against
related to abuse, trauma, and the behaviors of (b) GRANT INCREASE.—The amount of the in- Women Act so that it can continue de-
victims and perpetrators, which meet the criteria crease provided to a State under the covered for- livering vital services to those in need.
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in paragraph (1)(A). mula grant under this title shall be equal to not VAWA, which is not gender-exclu-
(3) REMEDIES FOR A CHILD’S RESISTANCE TO more than 10 percent of the average of the total
amount of funding provided to the State under
sive, addresses the needs of men and
CONTACT WITH A PARENT.—The state has in
place a law ensuring that— the covered formula grant under the 3 most re- women, children, persons with disabil-
(A) NO REMOVAL OF CARE FROM SAFE PAR- cent awards to the State. ities, homeless persons, and LGBTQ in-
ENT.—No child shall be removed from the care of SEC. 1606. APPLICATION. dividuals, among others.
a competent protective, non-physically or sexu- A State seeking a grant under this title shall This reauthorization would also in-
ally abusive parent or litigating party to whom submit an application to the Attorney General crease access to grant programs for
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1457
culturally specific organizations and I urge my colleagues to support this Unfortunately, in recent years,
ensure that such organizations are in- legislation, and I reserve the balance of Democrats have politicized the law,
cluded in the development and imple- my time. straying further and further away from
mentation of service, education, train- HOUSE OF REPRESENTATIVES, its original intent. This bill, H.R. 1620,
ing, and other grants. The range of in- COMMITTEE ON EDUCATION AND LABOR, is a continuation of the Democrats’
dividuals VAWA helps is broad and Washington, DC, March 10, 2021. politicization, expanding and altering
Hon. JERROLD NADLER,
should be as diverse as our commu- the fundamental nature of the Violence
Chairman, Committee on the Judiciary, Wash-
nities around the country. I am pleased ington, DC. Against Women Act.
that this reauthorization continues our DEAR CHAIRMAN NADLER: I write con- The most significant change in this
commitment to this principle. cerning H.R. 1620, the Violence Against reauthorization effort is that it erases
VAWA has had, and continues to Women Reauthorization Act of 2021. This bill important distinctions between women
have, a positive impact on people who was primarily referred to the Committee on and men. It replaces violence against
rely on its assistance, whether directly the Judiciary, and additionally to the Com- ‘‘women’’ with ‘‘a person of any gen-
or indirectly. mittee on Education and Labor and other der,’’ extending the law’s protections
committees. As a result of Leadership and
Through grants to State and local well-past the narrowly defined and nec-
the Committee on the Judiciary having con-
governments, the Office on Violence sulted with me concerning this bill gen- essary protection for women.
Against Women in the Department of erally, I agree to forgo formal consideration This rewriting of the Violence
Justice funds the work of thousands of of the bill so the bill may proceed expedi- Against Women Act not only under-
advocates in preventing and addressing tiously to the House floor. mines the original intent of this legis-
domestic violence, dating violence, sex- The Committee on Education and Labor lation, but also jeopardizes the safety
ual assault and stalking, and in assist- takes this action with our mutual under- and well-being of women at risk. It
standing that by forgoing formal consider- does more to advance the Democrats’
ing and training law enforcement and
ation of H.R. 1620, we do not waive any juris-
victim advocates. diction over the subject matter contained in
progressive agenda than it does to pro-
In addition, grants administered this or similar legislation, and we will be ap- tect women.
through the Department of Health and propriately consulted and involved as the It is not just VAWA. The Democrats’
Human Services provide funds for shel- bill or similar legislation moves forward so entire radical agenda hurts women.
ters, rape prevention and education, we may address any remaining issues within Calls to defund, dismantle, and rethink
programs to address and reduce the our Rule X jurisdiction. I also request that local law enforcement hurt at-risk
sexual abuse of runaway and homeless you support my request to name members of women. Never-ending government
youth, and programs to educate the the Committee on Education and Labor to lockdowns that require battered and
any conference committee to consider such
community on domestic violence. The abused women to stay in violent house-
provisions.
reach of the work carried out under Finally, I would appreciate a response con- holds hurt women. A southern border
VAWA is vast, and we must continue to firming this understanding and ask that a open to dangerous drug cartels and
support it. copy of our exchange of letters on this mat- human traffickers caused by President
This legislation expands services for ter be included in the Congressional Record Biden’s border crisis hurts women. In
older survivors of abuse and for pro- during floor consideration of H.R. 1620. fact, the Democrats’ open border poli-
grams targeting rural areas. It also ex- Very truly yours, cies incentivize women to make the
ROBERT C. ‘‘BOBBY’’ SCOTT,
pands the jurisdiction of some Tribal dangerous trip to the U.S.-Mexico bor-
Chairman.
authorities over non-Indians who com- -- der on which one-third of women report
mit certain crimes on Tribal lands to HOUSE OF REPRESENTATIVES, being sexually abused.
ensure that they are held accountable. COMMITTEE ON THE JUDICIARY, Those are not the only problems with
Like the legislation the House passed Washington, DC, March 15, 2021. this legislation. H.R. 1620 also threat-
last Congress, it also includes provi- DEAR CHAIRMAN SCOTT: I am in receipt of ens Americans’ constitutional right to
sions protecting transgender individ- your March 10, 2021, letter regarding H.R. religious freedom. The bill denies faith-
uals, and it bans individuals convicted 1620, the ‘‘Violence Against Women Reau- based exemptions for VAWA grant re-
thorization Act of 2021.’’
of domestic abuse from purchasing fire- I appreciate your willingness to work coop- cipients, prohibiting religious organi-
arms. eratively on this legislation. I recognize that zations from running shelters and legal
The Violence Against Women Reau- the bill contains provisions that fall within aid centers on the basis of their sin-
thorization Act is comprehensive and the jurisdiction of the Committee on Edu- cerely held religious beliefs. The Demo-
inclusive legislation that I hope will cation and Labor. I acknowledge that your crats’ culture war could actually force
earn further bipartisan support in the Committee will not formally consider H.R. faith-based centers for abused women
long tradition of this vital law. 1620 and agree that the inaction of your to close.
I want to thank the gentlewoman Committee with respect to the bill does not H.R. 1620 also expands the definition
waive any future jurisdictional claim over
from Texas (Ms. JACKSON LEE), the the matters contained in H.R. 1620 which fall
of domestic violence to include eco-
chair of the Crime, Terrorism, and within your Committee’s Rule X jurisdic- nomic and emotional duress, pulling
Homeland Security Subcommittee and tion. funding away from combating the se-
the sponsor of this legislation, and the I will ensure that our exchange of letters is verity of violent crimes.
gentleman from Pennsylvania (Mr. included in the Congressional Record during This legislation disregards the well-
FITZPATRICK) for their outstanding floor consideration of the bill. I appreciate being of women by promoting lofty
leadership in the effort to reauthorize your cooperation regarding this legislation concepts, such as restorative justice
and look forward to continuing to work with
VAWA. approaches to crimes against women,
you as this measure moves through the legis-
I also want to thank the advocates, lative process. which are unproven and could force a
many of whom are survivors them- Sincerely, woman to confront her abuser.
selves, for the countless hours they JERROLD NADLER, Democrats know that these are un-
have put into improving this legisla- Chairman. necessary additions that jeopardize the
tion. Mrs. FISCHBACH. Madam Speaker, I bipartisan reauthorization, so why are
The SPEAKER pro tempore. The yield myself such time as I may con- they choosing to proceed? Why are
time of the gentleman has expired. sume. they putting forward this bill—with no
Mr. NADLER. Madam Speaker, I The Violence Against Women Act hearings, no markups in this Con-
yield myself an additional 15 seconds. was first signed into law almost 30 gress—at the expense of women’s safe-
Their efforts, and those of many years ago with wide bipartisan support. ty and well-being?
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other Members, have produced this im- The law recognizes that Federal laws Any crime or abuse against any sin-
portant bill that will not only continue covering domestic violence could help gle individual is abhorrent. State and
the progress enabled by VAWA as origi- ease overburdened State and local Federal laws already protect individ-
nally enacted but will also make the criminal justice systems. It was nar- uals, women and men, from domestic
act an even more effective tool in ad- rowly defined and not controversial. violence and sexual abuse and any re-
dressing the horrible scourge of domes- Since its passage, it has been reauthor- lated reprehensible acts like dating vi-
tic violence. ized on a bipartisan basis. olence and stalking. Resources should
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H1458 CONGRESSIONAL RECORD — HOUSE March 17, 2021
be targeted to help those women and experience severe intimate partner bipartisan approval and overwhelming support
individuals cope and recover and also physical violence, sexual violence, and from Congress, States, and local communities.
prevent further violence and abuse. a partner stalking injury. During each reauthorization, VAWA would
This bill falls short of that goal and Today, in Texas, 35 percent of women make various meaningful improvements to the
wildly distorts the original purpose of and 34 percent of men are subjected to Act to meet the varied and changing needs of
this law. domestic violence. When discussing survivors.
Madam Speaker, I urge all Members VAWA, we cannot forget the victims of H.R. 1620 continues that tradition, and
to oppose this bill, and I reserve the domestic violence like Ms. Fontenot, therefore, is intended to make modifications,
balance of my time. who was murdered in Harris County by as Congress has done in the past to all pre-
Mr. NADLER. Madam Speaker, I her husband just 1 day after Christmas vious reauthorizations of VAWA.
yield 3 minutes to the distinguished last year while she was trying to es- H.R. 1620 is a bipartisan bill, reflecting a
gentlewoman from Texas (Ms. JACKSON cape her relationship, and he shot at reasonable and compromise approach to re-
LEE). her son. authorize grant programs under the Violence
Ms. JACKSON LEE. Madam Speaker, Nor can we forget Debora Against Women Act (VAWA).
I thank the gentleman for his leader- Seidenfaden, who was murdered by her These moderate enhancements will address
ship. husband in Houston after an argument. the many growing and unmet needs of victims
Madam Speaker, I stand today in a There are countless stories like this and survivors of domestic violence, dating vio-
moment of history where we cannot go throughout the country. That is why it lence, sexual assault, and stalking.
back. Have we heard that before? is imperative that we reauthorize this H.R. 1620 addresses the needs of sex traf-
Women cannot go back. Women cannot bill. Enough is enough. We must pass ficking victims while creating a demonstration
continue in an intimidated fashion to H.R. 1620 now. program on trauma-informed training for law
tragically be subjected to men who vio- Madam Speaker, I thank all the enforcement.
lently attack them. women, including Representative It increases access to grant programs for
The LGBT community cannot go Slaughter, who started this bill. culturally specific organizations and ensure
back and be subjected to those who Madam Speaker, I rise in strong support of culturally specific organizations are included in
would be violent against them. H.R. 1620, the ‘‘Violence Against Women Act the development and implementation of serv-
Native American women cannot go of 2021.’’ ice, education, training, and other grants.
back. They cannot go back. They can- H.R. 1620 is a product born of meticulous It adds a purpose area to assist commu-
not go back to pueblos and reserva- and thoughtful research and countless en- nities in developing alternatives to housing or-
tions and not have any protection for gagement with those on the ground, working dinances that punish survivors for seeking law
those who violate those sacred places, intimately on these very important issues daily. enforcement intervention.
rape them, and then rush to jurisdic- We began this long journey, and hard-
H.R. 1620 expands protections for vulner-
tions outside and think they are pro- fought battle under the leadership of Repub-
able populations such as youth, survivors with-
tected. licans, who at the time refused to engage or
out shelter, Native American women, and
Immigrant women cannot go back. put forward their own version of VAWA when
LGBTQ persons.
That is what this legislation is it expired in 2018 while they held the majority.
But we continued to push forward on behalf It ensures Deaf people are included in
about. It is a product borne of meticu- grants relating to people with disabilities.
lous and thoughtful research and of all victims and survivors to reauthorize the
Violence Against Women Act (VAWA) of 1994. H.R. 1620 is supported by the National Task
countless engagement with those on Force to End Sexual and Domestic Violence
the ground working ultimately and in- As we all know, VAWA is a landmark piece
of legislation first enacted in 1994 and signed Against Women, a coalition of more than 200
timately on these very important domestic violence groups.
issues daily. into law by President Bill Clinton as part of the
Violent Crime Control and Law Enforcement VAWA expired since September 30, 2018,
We began this long journey and hard- and we as a body are called upon by sur-
fought battle under the leadership of Act of 1994.
This legislation was enacted in response to vivors to reauthorize it now.
Republicans—I wrote the bill in 2018— As a tribute to our dearly departed Rep.
the prevalence of domestic and sexual vio-
who at the time refused to engage in Slaughter, who started this journey with then,
lence, and the significant impact of such vio-
putting forward their own version of Senator Biden in 1994, I respectfully urge my
lence on the lives of women.
VAWA when it expired in 2018 while colleagues to join me, and the Chairman of
Statistics have revealed that these form of
they held the majority. The President, Judiciary, along with our Republican part-
violence impact us all.
the Senate, the House, they did noth- In the United States, an estimated 10 million ners—Mr. FITZPATRICK and Mr. MCCAUL in
ing. The Judiciary Committee would people experience domestic violence every passing H.R. 1620, a much needed thoughtful
not even take the bill up, and it was year, and more than 15 million children are and bipartisan response to the needs of all
supported by over 200 groups. exposed to this violence annually. According victims and survivors.
But we continue to push forward on to the National Coalition Against Domestic Vi- Mrs. FISCHBACH. Madam Speaker, I
behalf of all victims and survivors to olence, about 20 people per minute are phys- yield 2 minutes to the gentleman from
reauthorize the Violence Against ically abused by an intimate partner. About 1 Virginia (Mr. GOOD).
Women Act of 1994, first led by the in 4 women and 1 in 9 men experience severe Mr. GOOD of Virginia. Madam Speak-
President of the United States, then- intimate partner physical violence, sexual vio- er, Democrats are using domestic vio-
Senator Joe Biden. lence, and/ or partner stalking with injury. lence, which is a serious issue, as a
As we all know, VAWA is a landmark Today, in Texas, 35.10 percent of women front for just their latest gun control
piece of legislation first enacted in and 34.5 percent of men are subjected to do- bill. This legislation contains red flag
1994. At that time, the President was mestic violence. gun confiscation language and expands
Bill Clinton. This legislation was en- When discussing VAWA, we cannot forget the grounds for lifetime bans of fire-
acted in response to the prevalence of the victims of domestic violence like Yashica arm possession.
domestic and sexual violence and the Fontenot, who was murdered in Harris County, Red flag gun confiscation laws upend
significant impact of such violence on Texas by her husband just one day after due process. Under this legislation, an
the lives of women. Christmas last year while she was trying to es- individual could have their guns re-
Statistics have revealed that this cape her relationship. moved from them without having the
form of violence impacts us all. In the Nor can we forget Debra Seidenfaden, who chance to face their accuser in court.
United States, an estimated 10 million was murdered by her husband in Houston That means a complaint and a judicial
people experience domestic violence after an argument. order could suspend a constitutionally
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every year. More than 15 million chil- There are countless stories like this through- guaranteed right, with no chance for
dren are exposed to violence annually. out this country. the accused to respond under the law.
According to the National Coalition That is why it is imperative to reauthorize
Against Domestic Violence, about 20 this law by passing H.R. 1620 now. Because b 1145
people per minute are physically enough is enough. This legislation makes it clear that
abused by an intimate partner. About Congress has reauthorized VAWA three Democrats consider gun ownership a
one in four women and one in nine men times—in 2000, 2005, and 2013—with strong second-class right, if it is a right at all,
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1459
and view the Constitution as a nego- in 2006, VAWA again had my full sup- Closing the boyfriend loophole is a
tiable suggestion. port. In fact, since I have been in Con- critical step to prevent abusers from
This bill would expand the number of gress, I have voted nearly a dozen obtaining a weapon, a weapon that will
nonviolent misdemeanor offenses that times, both in the Judiciary Com- likely be used to escalate their abuse
produce a lifetime ban on firearm own- mittee or here on the floor, to renew or and a weapon that may have deadly
ership, which is already applied to fel- strengthen the provisions of VAWA in consequences.
ons. an effort to do what we all can do to With this bill, we can truly help pre-
It is ironic that in the same week protect women who have been or will vent abuse, protect our families, and
that Democrats are voting in support in the future be subjects of domestic keep every American safer.
of amnesty for illegal aliens who have violence, abuse, or other forms of har- Mrs. FISCHBACH. Madam Speaker, I
committed up to two misdemeanors, assment. yield 4 minutes to the gentlewoman
they are voting to permanently sus- Historically, this legislation has been from Arizona (Mrs. LESKO).
pend the constitutional rights of Amer- a truly bipartisan effort. Sadly, the ef- Mrs. LESKO. Madam Speaker, I rise
icans who have committed one non- fort put forth today by the majority is in opposition to this bill.
violent misdemeanor. anything but bipartisan. This version of the Violence Against
I oppose this attempt to undermine What has happened between then and Women Act does not protect women.
due process, further restrict the Second now? It seems to me that many on the Instead, this bill puts partisan political
Amendment, and expand the left’s rad- left decided that they could use this priorities ahead of women in need.
ical and relentless gun control agenda. critical legislation that is intended to While my colleagues on the other side
Mr. NADLER. Madam Speaker, I protect women and girls from violence of the aisle like to claim they are the
yield 1 minute to the distinguished as a vehicle to promote their far-left party of women, this partisan reau-
gentlewoman from Pennsylvania (Ms. political agenda. To me, this is a dis- thorization proves that they only put
SCANLON). turbing development, as the safety and women first when it is convenient.
Ms. SCANLON. Madam Speaker, be- well-being of all women and girls in I am a survivor of domestic violence
fore coming to Congress, I organized this country is far too important to from a previous marriage. I was afraid
volunteer lawyers to represent sur- jeopardize with callous political cal- for my life, and I was afraid for my
vivors of domestic abuse, so I have seen culations that could further divide the daughter’s life. Thankfully, I escaped
firsthand both the need for the Vio- American people. that terrible situation. So I am inti-
lence Against Women Act and the re- In fact, it is possible that passing mately familiar with the desperate sit-
markable impact of legal representa- this so-called VAWA reauthorization uations many women who are victims
tion in moments of crisis. offered by the majority could result in of domestic abuse face. As a domestic
That is why I am proud to support re- some faith-based institutions shutting violence survivor, I know just how im-
authorization of VAWA, which would, their shelter doors so that many portant services and protections are to
among other things, expand access to women and girls who relied on their women across our Nation.
legal counsel for those who need it help, support, and protection wouldn’t Previous reauthorizations of the Vio-
most. have that protection. lence Against Women Act have been bi-
Too often, survivors are left to navi- partisan, but not this one. This version
This legislation could force women
gate alone the overwhelming is filled with partisan priorities that
seeking protection in shelters or incar-
aftereffects of violence and abuse. force women’s domestic violence shel-
cerated in prison to be housed along-
Whether that means finding housing, ters to take in men who identify as
side biological males, potentially sub-
medical, or other care in the aftermath women, strip away protections for reli-
jecting those women to further psycho-
of trauma, the process can be com- gious organizations, and eliminate Sec-
logical, mental, or physical harm. To
plicated and hard to manage. ond Amendment rights without due
Legal representation in these critical me, it is unconscionable to be aware of
these and other shortcomings of this process.
moments can make a life-changing dif- The most egregious provisions of this
ference. That is why I am proud to legislation and simply ignore it.
What should we do? We should con- bill push leftist gender ideology at the
offer two amendments to VAWA today. expense of important protections for
The first would expand efforts to pro- tinue to improve VAWA as we did prior
to 2013. We should continue to protect women’s privacy and safety. Sex-seg-
vide legal representation in
those vulnerable individuals in our so- regated shelters provide a safe place
postconviction relief proceedings. The
ciety who rely on our help to protect for women who have been abused, often
second would increase access to legal
them. And we should accomplish it in a at the hands of men, and offer them a
aid for veterans who have unmet legal
bipartisan, bicameral manner, Repub- sense of privacy and security. If this
needs.
Everyone deserves access to quality licans and Democrats actually working bill is enacted, these shelters, under
legal representation for fundamental together as we are capable of doing. penalty of Federal law, would be re-
needs, and this bill gets us one step It is time we put politics and polit- quired to take in men and shelter them
closer to that goal. ical agendas aside and reauthorize a with women, putting vulnerable women
Madam Speaker, I urge my col- Violence Against Women Act that con- at risk.
leagues to support my amendments and tinues to provide real protection for Religious objections are also under
the underlying legislation. women and girls. attack in this legislation. This bill ex-
Mrs. FISCHBACH. Madam Speaker, I Mr. NADLER. Madam Speaker, I cludes critical First Amendment pro-
yield 3 minutes to the gentleman from yield 1 minute to the distinguished tections for faith-based organizations.
Ohio (Mr. CHABOT). gentlewoman from Georgia (Mrs. This almost certainly guarantees that
Mr. CHABOT. Madam Speaker, I MCBATH). attacks on religious organizations will
thank the gentlewoman for yielding. Mrs. MCBATH. Madam Speaker, I continue over disagreements on reli-
Protecting women and girls from vio- thank the gentleman for yielding. gious liberty and gender ideology.
lence and abuse and keeping them safe Madam Speaker, unfortunately, when This bill is also being used to change
is deeply important to me and Mem- we talk about violence against women, and erode Second Amendment rights
bers on both sides of the aisle. we are often talking about domestic vi- for everyone by introducing a new pro-
Shortly before I was first elected to olence. Domestic violence claims the vision that would lower the standard
Congress back in 1994, President Bill lives of far too many women, and it is by which government can take away
Clinton signed into law the Violence especially deadly when it occurs in a someone’s right to bear arms without
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Against Women Act. It was the first household with a gun. due process, including for nonfelony
iteration of a very good bill, which, if In the United States, there are 1 mil- crimes.
you can believe it, passed the House lion women alive today who have re- Passing legislation that supports
then by a voice vote. It was supported ported being shot or shot at by their women who have been victims of do-
by all but four in the Senate. intimate partners, and there are many mestic abuse, trafficking, and sexual
When it was reauthorized in the year more who have been threatened or assault should be a bipartisan issue. In
2000, I supported it and voted for it, and killed with a gun. this partisan Violence Against Women
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H1460 CONGRESSIONAL RECORD — HOUSE March 17, 2021
Act, women in need are not the pri- tims of sexual abuse and domestic vio- He tries to control when you can see
ority. Leftist ideology is the priority. lence. VAWA provides lifesaving pro- a doctor; threatens you with violence;
Madam Speaker, I urge my col- grams to help survivors navigate do- and may hit, kick, shove, slap, choke,
leagues to vote against this bill. mestic violence and abuse situations. or otherwise hurt you, your children,
Mr. NADLER. Madam Speaker, I Madam Speaker, in my district, I your pets.
yield 1 minute to the distinguished heard from innumerable counselors, ac- He forces you to have sex against
gentlewoman from Massachusetts (Ms. tivists, advocates, and attorneys about your will. He blames you for his violent
CLARK). the toll the COVID–19 pandemic has behavior and tells you that you deserve
Ms. CLARK of Massachusetts. taken on families, but especially fami- it.
Madam Speaker, I thank the gen- lies who have to experience domestic And this comes from someone you
tleman for yielding. violence. Being locked in a situation love.
As the rates of COVID–19 spiked with your abuser, with your attacker, You are in pain and embarrassed to
across the country, so did the rates of was incredibly dangerous, and there ask for help. You are one in four
domestic violence. This pandemic with- has been terrible trauma inflicted. women. The Violence Against Women
in the pandemic must be stopped, and We need to pass VAWA now. There is Act is critical for your safety and eco-
before us are the tools to save lives and no reason not to support people who nomic independence.
end the cycle of violence. are victims of domestic violence. This Madam Speaker, I urge its passage.
The VAWA reauthorization makes is an enormous step forward. Mrs. FISCHBACH. Madam Speaker, I
crucial improvements to the law. It I am grateful to the leaders who reserve the balance of my time.
closes legal loopholes to stop violent brought this forward, and I rise in sup- Mr. NADLER. Madam Speaker, I
partners from accessing firearms. It port. yield 1 minute to the distinguished
tackles the growing threat of online Mrs. FISCHBACH. Madam Speaker, I gentlewoman from Texas (Mrs. FLETCH-
harassment by training law enforce- reserve the balance of my time. ER).
ment on cybercrimes. It provides serv- b 1200 Mrs. FLETCHER. Madam Speaker, I
ices for survivors of dating violence, rise today in support of the Violence
Mr. NADLER. Madam Speaker, I Against Women Reauthorization Act. I
sexual assault, and stalking. And it im-
yield 1 minute to the distinguished thank my colleague from Houston,
proves protections for Native women.
gentlewoman from California (Ms. Congresswoman SHEILA JACKSON LEE,
Today, we stand up for everyone by
SPEIER). for her leadership and her tireless ef-
providing safety everywhere, at home,
Ms. SPEIER. Madam Speaker, I
at work, on campus, and online. forts to get this critical legislation to
thank the chairman for yielding.
Let us vote together to end domestic this House floor.
Madam Speaker, I rise in support of
violence. The Violence Against Women Act
the Violence Against Women Act.
Mrs. FISCHBACH. Madam Speaker, I provides essential support for survivors
Twenty persons a minute are injured
reserve the balance of my time. of domestic violence and sexual as-
by an intimate partner; that is 10 mil-
Mr. NADLER. Madam Speaker, I sault, and its reauthorization now is
lion American men and women every
yield 1 minute to the distinguished vitally important, as many of my col-
year. It is time to do something to con-
gentleman from Rhode Island (Mr. leagues have shared. It is critical for
tinue this act and to extend it.
CICILLINE). Madam Speaker, I have a number of organizations in my community that
Mr. CICILLINE. Madam Speaker, the amendments that have been accepted. I support survivors, like the Houston
COVID–19 pandemic has demonstrated, especially want to point out the Area Women’s Center, which has re-
once again, the vital importance of the SHIELD Act, which combats the non- ported a dramatic rise in requests for
Violence Against Women Act. consensual sharing of private, sexually their services through the coronavirus
With the Nation under stay-at-home explicit and nude images, commonly pandemic—more than 6,000 more calls
orders, many women were unable to es- known as revenge porn, which now will responded to in 2020 alone.
cape their abusers or find help in their be a crime. Madam Speaker, in 2020, the number
communities. My other two amendments deal with of people the center sheltered tripled.
Thanks to VAWA, organizations like creating a task force on sexual vio- Sadly, we have been reminded again
the Rhode Island Coalition Against Do- lence and education and directing the today of the dangers that women face
mestic Violence were able to meet Secretary of Education to create cli- in our society. The Violence Against
women where they are, despite these mate surveys on student experiences Women Act provides resources and
obstacles. with violence. Twenty percent of our services that are lifesaving. That is
In 2020, VAWA grants helped the college coeds are sexually assaulted or why I am proud to cosponsor this legis-
Rhode Island Coalition Against Domes- there are attempts of sexual assault on lation and to vote in support of it
tic Violence assist over 9,000 survivors them each year. today.
of domestic violence and answer over Finally, the last amendment Madam Speaker, I urge my col-
17,000 helpline calls, nearly a 12 percent incentivizes States to pass a Survivors’ leagues to do the same.
increase from 2019. Bill of Rights in the States Act, which Mrs. FISCHBACH. Madam Speaker, I
During the pandemic, through VAWA is particularly important for rape kits. reserve the balance of my time.
programs, Rhode Islanders have found Mrs. FISCHBACH. Madam Speaker, I Mr. NADLER. Madam Speaker, I
transitional housing, received coun- reserve the balance of my time. yield 1 minute to the distinguished
seling services, and obtained assistance Mr. NADLER. Madam Speaker, I gentleman from New York (Mr. BOW-
with seeking restraining orders. yield 1 minute to the distinguished MAN).
Violence Against Women Act grants gentlewoman from Florida (Ms. LOIS Mr. BOWMAN. Madam Speaker, I rise
and programs can really be the dif- FRANKEL). as the son of a single mom and as the
ference between life or death. Ms. LOIS FRANKEL of Florida. brother of four sisters. Unfortunately, I
Vote ‘‘yes’’ on H.R. 1620, the Violence Madam Speaker, I thank the chairman have heard stories of abuse and assault
Against Women Reauthorization Act of for yielding. and neglect throughout my life. I also
2021. Madam Speaker, consider this: Your heard these stories from my students
Mrs. FISCHBACH. Madam Speaker, I spouse or partner calls you names, he and the many families I served
reserve the balance of my time. insults you, puts you down. throughout my time in education. The
Mr. NADLER. Madam Speaker, I He discourages you from going to consistency throughout these stories
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yield 1 minute to the distinguished work or school or seeing family mem- illustrate how there is no recourse and
gentlewoman from Texas (Ms. bers or friends. there are no safe spaces for women to
ESCOBAR). He tries to control how you spend go to when they are under assault and
Ms. ESCOBAR. Madam Speaker, your money, where you go, or who you feeling abused.
since being signed into law, the Vio- can see, what medicines you take. Madam Speaker, this past year, be-
lence Against Women Act has become a He acts possessive, gets angry when fore joining Congress, I sat with a stu-
crucial part of legislation to aid vic- drinking alcohol. dent and her mom in my office to call
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1461
a domestic violence help hotline. And and they will continue to come back Mrs. FISCHBACH. Madam Speaker, I
we stayed on hold for hours before any- until further legislation is enacted to reserve the balance of my time.
one came to the phone. There was no protect women all across our country, Mr. NADLER. Madam Speaker, I
housing for them to go to in support of all across the world. yield 1 minute to the distinguished
their safety. So I rise to support this Mrs. FISCHBACH. Madam Speaker, I Speaker of the House (Ms. PELOSI).
legislation, and I rise to denounce the reserve the balance of my time. Ms. PELOSI. Madam Speaker, I
sexism and patriarchy and misogyny Mr. NADLER. Madam Speaker, I thank the gentleman for yielding and,
that continues to exist within our po- yield 1 minute to the distinguished again, for his extraordinary leadership.
litical arenas and within our laws. gentlewoman from Washington (Ms. Madam Speaker, this is quite a day
Mrs. FISCHBACH. Madam Speaker, I STRICKLAND). for the chairman, with the Violence
reserve the balance of my time. Ms. STRICKLAND. Madam Speaker, Against Women Act and the ERA,
Mr. NADLER. Madam Speaker, I the tragic shootings in Atlanta yester- among other pieces of legislation that
yield 1 minute to the distinguished day killed eight people—six of whom he is bringing to the floor. I thank him
gentlewoman from Michigan (Mrs. were Asian women. for the very prolific and excellent work
LAWRENCE). To the families of the victims, you of the Committee on the Judiciary.
Mrs. LAWRENCE. Madam Speaker, I have my deepest condolences. Madam Speaker, here we are dressed
rise today in solidarity with the sur- This crime has elements that we are in white because it is Women’s History
vivors of domestic and sexual violence. trying to address here in Congress; gun Month, and we are wearing the color of
It is completely unacceptable that we violence, violence against women, and suffragists as we come to the floor on
have allowed the Violence Against the meteoric rise of violence we are these two important pieces of legisla-
Women Act to expire. witnessing against the AAPI commu- tion—earlier today, the equal rights
I am proud to have introduced two nity. amendment, and now the Violence
amendments that will strengthen pro- Racially motivated violence must be Against Women Act.
tections for our most vulnerable com- called out for exactly what it is, and It is a historic day as the House
munities. The first amendment will we must stop making excuses or re- passes two landmark, potentially life-
stop punishing children who have been branding it as economic anxiety or sex- saving pieces of legislation on behalf of
sex-trafficked and have been in contact ual addiction. America’s women. We do so, again, dur-
with the criminal justice system. The Madam Speaker, as a woman who is ing Women’s History Month. I sing the
pandemic has also illustrated the ur- Black and Korean, I am acutely aware praises of Congresswoman SHEILA
gency on what we need to do to make of how it feels to be erased and ignored, JACKSON LEE, who has been a relent-
sure that we reauthorize it. and how the default position when vio- less, persistent advocate for this legis-
Madam Speaker, as Americans, we lence is committed against people of lation over time; KAREN BASS, one
have had to follow stay-at-home or- color or women is to defer from con- more, and our distinguished chair of
ders, and it has increased the amount fronting the hate that is often the mo- the committee.
of abuse among those who could not tivation. Madam Speaker, we are particularly
leave home. VAWA save lives. This Madam Speaker, words matter and proud to be passing this legislation
isn’t a Democrat or Republican issue. leadership matters. We must all loudly under the leadership of one of its
It is justice and safety. It is time we condemn actions and language rooted strongest champions, President Joe
get this done and reauthorize. in fear and bigotry that harms all of Biden. In the Senate, he was the guard-
Mrs. FISCHBACH. Madam Speaker, I us. ian of this law, as he was the author of
reserve the balance of my time. Mrs. FISCHBACH. Madam Speaker, I it. As a new-ish Member of Congress at
Mr. NADLER. Madam Speaker, I reserve the balance of my time. the time, I was proud to follow his lead
yield 1 minute to the distinguished Mr. NADLER. Madam Speaker, I and the lead in the House, then, of
gentleman from Texas (Mr. GREEN). yield 1 minute to the distinguished Leader SCHUMER, now the distinguished
Mr. GREEN of Texas. Madam Speak- gentleman from Texas (Mr. DOGGETT). majority leader in the Senate. So this
er, and still I rise. I rise today in Mr. DOGGETT. Madam Speaker, a is an opportunity that we have for leg-
strong support of this legislation be- movement led by the Texas Council on islation, whose provenance goes way
cause it includes trans women. Some of Family Violence, and so many other back into the 1990s.
the most brutal, horrific crimes cre- advocates, first won passage of the Vio- At that time, I was an appropriator.
ated in the minds of people have been lence Against Women Act and brought And after we passed the bill that had
perpetrated upon trans women. the National Domestic Violence Hot- the Violence Against Women Act, it
Madam Speaker, this legislation pro- line to Austin, which has now offered 5 was our responsibility to make sure
tects them, as it protects all women. I million lifesaving responses. This act that it was funded properly, and that
support it and I encourage my col- brought much-needed funding and hope has been part of the continuing advo-
leagues to do so as well. to women across America who led coa- cacy.
Mrs. FISCHBACH. Madam Speaker, I litions. Madam Speaker, in 2013, the legisla-
reserve the balance of my time. Yet, the scourge of violence has con- tion was last reauthorized under the
Mr. NADLER. Madam Speaker, I tinued. In San Antonio, a Collaborative Presidency of Barack Obama and the
yield 1 minute to the distinguished led by Judges Monique Diaz and Peter Vice Presidency of Joe Biden, who,
gentleman from New York (Mr. Sakai has supplemented incredible again, was taking the lead for the reau-
ESPAILLAT). Family Services led by Marta Peleaz thorization of the legislation. It was a
Mr. ESPAILLAT. Madam Speaker, it and Patricia Castillo’s PEACE initia- tough time. The bill passed first in the
is well past time for VAWA reauthor- tive. I have joined them for two town United States Senate. Bipartisan in the
ization. It should have never been al- halls to listen, learn, and respond. United States Senate, the bill was
lowed to lapse to begin with. In Austin, Kelly White and Julia passed. They sent it to the House. The
I stand here in support of this bill in Spann continue the Safe Alliance, as House refused to take it up—Repub-
honor of Gladys Ricart, a dear con- Maria Johnson expands the Hays- lican-controlled House refused to take
stituent of mine, who, 22 years ago, was Caldwell Center. But too many violent it up.
murdered by her jealous ex-boyfriend beatings have turned into killings. Be- And then they had their own bill,
on her wedding day, in her wedding cause this reauthorization would close which said: We are against violence
gown. Madam Speaker, I urge my col- ‘‘the boyfriend loophole,’’ denying a against women, unless you happen to
SSpencer on DSK126QN23PROD with HOUSE
leagues to pass this legislation in her gun to an abusive partner, the NRA be a Native American or an LGBTQ
memory. and its Congressional Republican allies woman or an immigrant woman.
Now you have the Brides’ March, an have been blocking renewal. Well, these are the most vulnerable
international movement across this Today, we call on them to choose in terms of using violence against
continent and across the world that life, to recommit to VAWA, and foster women. So what happened was we per-
honors the memory of Gladys Ricart. a society where every person is treated suaded the then-Speaker, Mr. Boehner,
They were right here in this Capitol, with dignity. to bring both bills to the floor. Of
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H1462 CONGRESSIONAL RECORD — HOUSE March 17, 2021
course, the Senate-passed bipartisan we are optimistic that the reauthoriza- to women who are in prison. Biological
bill prevailed. We had a big ceremony, tion can be successful on the other side men should not be allowed to decide
participated in by the Native American of the Capitol, and on the other side of they are a woman and decide to tell
community, our law enforcement com- the aisle. people that they are a woman so they
munity, Vice President Joe Biden, and Madam Speaker, I urge a strong bi- can be put in a women’s prison.
signed by the President. partisan vote for this reauthorization, The Violence Against Women Act
b 1215 so that we can advance justice, safety, provides no exemptions for religious
and dignity in America. organizations when they hire employ-
So here we are, unable to get it reau- Madam Speaker, the term VAWA has ees. That destroys religious freedom.
thorized 5 years later, in 2018 under the become synonymous with justice, Vio- Democrats also refuse to support
then-majority and President, and here lence Against Women Act. I urge an amendments to help women receive
we are today, finally able to bring bi- ‘‘aye’’ vote. firearm safety training and self-defense
partisan legislation to the floor. Mrs. FISCHBACH. Madam Speaker, I courses to protect them against their
And as I mentioned, for nearly three reserve the balance of my time. abusers.
decades, the Violence Against Women Mr. NADLER. Madam Speaker, I Republicans have introduced amend-
Act has been a transformative force for yield 1 minute to the distinguished ments having to do with gun rights. If
safety and security of American gentlewoman from Florida (Ms. you want to help protect women, make
women. Since its passage, domestic vi- WASSERMAN SCHULTZ). sure women are gun owners and know
olence rates have declined by nearly Ms. WASSERMAN SCHULTZ. how to use a gun properly in order to
two-thirds in America. Millions of Madam Speaker, I rise to support the protect themselves. That is the great-
women have gained access to protec- Violence Against Women Reauthoriza- est defense for women.
tions from violence and abuse, and mil- tion Act. Democrats want to use abused
lions of survivors, to essential services VAWA established critical infra- women to take away guns from every-
and justice. structure that responds to domestic vi- one. Unfortunately, gun rights groups
But we cannot be complacent: One in olence, sexual assault, dating violence, know how to pay attention to Demo-
three women today face domestic and stalking. crat bills that affect Americans’ gun
abuse. Isn’t that a stunning figure? For far too long, this vital update rights.
You wonder, how could it be? And part- collected dust in the Senate graveyard.
ner violence is on the rise during the Democrats want to completely dis-
Thankfully, with a Democratic Senate
coronavirus pandemic, as many women mantle housing contracts and leases in
majority and President Biden, we fi-
are forced to quarantine in homes that order to justify their hypocritical ‘‘be-
nally have real partners to secure jus-
are not safe. lieve all survivors’’ agenda, except
tice, safety, and dignity for American
Every time the Congress has reau- when it comes to Governor Cuomo.
women, particularly those who are
thorized VAWA, we have strengthened Democrats want to create a Violence
most vulnerable.
its protections for women, based on ex- Against Women czar at the Depart-
The statistics remain deplorable: One
tensive consultation with survivors, ment of Housing and Urban Develop-
in four American women are victims of
victim service providers, Indian coun- ment. Now that they have destroyed
domestic violence; one in six will be a
try, law enforcement, and other ex- the family and housing law, they want
sexual assault victim in their lifetime.
perts. The authorization on the floor to push a progressive gender ideology
The pandemic only exacerbated the
today continues that progress. through housing policy. That doesn’t
need for services to comprehensively
And as has been said by Mr. DOGGETT, fit.
respond to these egregious crimes.
we have to recognize the danger of the, Now is no time to retreat from the Make no mistake, Democrats want to
shall we say, provisions in the bill that vital work of improving the Federal re- create an authoritarian woke state
protect women from gun violence spe- sponse to gender-based violence. For where neighbors, partners, citizens,
cifically. Women’s History Month, let’s reaffirm and employers are afraid to do any-
Among its many life-saving provi- our commitment to survivors every- thing in order to avoid the draconian
sions, this reauthorization makes vital where, and make this world safer for policies imposed under the guise of pro-
new investments in prevention, im- all our mothers, sisters, and daughters. tecting women.
proves services for victims of domestic Madam Speaker, I urge my col- We already know of many high-pro-
violence, makes improvements in the leagues to vote ‘‘yes’’ on this urgent file men who abuse women. Why don’t
criminal justice system’s response to legislation. we look in the mirror and take a hard
gender-based violence and to the Mrs. FISCHBACH. Madam Speaker, I look at the real abusers? I think Gov-
healthcare system’s response, prevents yield 3 minutes to the gentlewoman ernor Cuomo would be a good one to
intimate partner homicide, and ex- from Georgia (Mrs. GREENE). pay attention to, rather than trying to
pands protections for victims and sur- Mrs. GREENE of Georgia. Madam criminalize every church in America
vivors, whether they are men or Speaker, the Violence Against Women for not following the advice of the
women. This is not just about women, Act, this is something that should pro- transgender coalition of gender dys-
it is the Violence Against Women Act, tect women. phoria.
but it does protect anyone. Unfortunately, the Violence Against Mr. NADLER. Madam Speaker, I re-
Democrats are particularly proud Women Act has expanded its protection serve the balance of my time.
that this reauthorization improves the beyond women and girls into Mrs. FISCHBACH. Madam Speaker, I
essential protections that I referenced transgender or biological males who yield myself the balance of my time.
that were objected to on the Repub- are calling themselves women. Madam Speaker, I reiterate my oppo-
lican bill in 2013, including women im- You see, Democrats know this is a sition to H.R. 1620, the Violence
migrants, LGBTQ, and Native Amer- bad policy and agenda. In order to pass Against Women Reauthorization Act.
ican women, and it specifically sup- it, they have to hide behind real abused Democrats filled this legislation with
ports communities of color in a cul- women. politically charged, highly controver-
turally sensitive way. The Violence Against Women Act sial provisions that dramatically ex-
This reauthorization is bipartisan, incentivizes fraud in housing by allow- panded its scope, and erased the bipar-
happily, and it is supported by more ing people who have been evicted from tisanship that originally passed this
than 200 organizations representing government-funded housing because of bill.
SSpencer on DSK126QN23PROD with HOUSE
women, women’s groups, faith-based criminal activity to claim, after the Many of those points were pointed
organizations, law enforcement, the fact, they are domestic violence vic- out by the speakers on the Republican
public health and medical commu- tims in order to keep their housing. side, and unfortunately, it does noth-
nities, civil rights groups; the list goes The Violence Against Women Act ing to address the problem of domestic
on. also allows prisoners to pick their gen- violence, it threatens religious freedom
While it is unfortunate that we don’t der and be treated and assigned by and undermines the legislation’s origi-
know what will happen in the Senate, their specific preference. This isn’t fair nal intent.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1463
Resources should be targeted to help VAWA reauthorization bills offered through We can, and we must create bipartisan leg-
women affected by the horrors of do- 2012. islation which seeks to protect all women and
mestic abuse and help prevent further Two versions of VAWA reauthorization are girls, as this law originally intended.
abuse. This bill does neither. under consideration by the House today. As I We can, and must, do better.
Madam Speaker, I urge my col- noted, the version I will support extends the Ms. WILLIAMS of Georgia. Madam Speak-
leagues to oppose this bill, and I yield VAWA until 2022. The other—H.R. 1620— er, I rise in support of the Violence Against
back the balance of my time. weakens several carefully crafted protections Women Reauthorization Act.
Mr. NADLER. Madam Speaker, every for women and girls. The Violence Against Women Act is a dec-
year approximately 7.9 million women By granting biological men—who self-iden- ades-old law that helps protect some of my
are victims of rape, physical violence, tify as women—access to women’s shelters, most vulnerable constituents from abuse. Un-
or stalking by an intimate partner. An H.R. 1620 removes the hard-fought gains to fortunately, the law has been expired since
average of three women are killed protect women and girls from abuse and to 2018.
every day by a current or former inti- provide them with physical, emotional and At a time when the pandemic has forced
mate partner. These grim statistics un- psychological security. many women in unsafe domestic situations to
derscore the crucial need for us to act Under H.R. 1620, women will no longer stay home, we owe them action. And I came
without delay to reauthorize VAWA, have a safe place of their own as they flee to Congress to get results.
and to enhance and expand the Act so from male-inflicted physical and emotional Today, I’ll be proud to vote to advance
that it is even more effective. abuse and intimidation. strong and bipartisan legislation to reauthorize
Madam Speaker, I urge my col- Rather, these heroic women will now have and update the Violence Against Women Act.
leagues to join with me in voting for to share their place of refuge—a shelter pre- The bill is going to extend the protections
this critical bipartisan legislation viously reserved for women seeking protection the law has in place while improving violence
today, and I yield back the balance of from male abusers—with biological men who prevention and victim services. It will ensure
my time. self-identify as women. communities of color are well served by the
Mr. SMITH of New Jersey. Madam Speaker, These brave women and children deserve a law.
today I will vote to approve the Violence place where they can feel protected and se- And what’s more, the bill is forward-looking.
Against Women Extension Act (VAWA) of cure, so they can begin the difficult process of It designs studies to assess the challenges
2021—historic landmark legislation with a healing as they deal with post-traumatic survivors face with things like achieving eco-
proven track record of assisting abused and stress. Forcing them to share a shelter and its nomic security and paying off their student
battered women—authored by Congress- facilities, including showers and sleeping loans. Today, I’m offering an amendment to
woman ELISE STEFANIK of New York. areas, with biological men who self-identify as make sure these studies consider how these
As a matter of fact, I was the prime author women will cause these women and children matters can have disparate impacts by race,
of the law that provided for the first reauthor- to experience insecurity, discomfort, confusion, ethnicity, sex, sexual orientation, and gender
ization of the VAWA in 2000—a five-year $3.3 and fear of additional assault. identity.
billion comprehensive program that was part VAWA has always prioritized the challenges I urge my colleagues to support my amend-
of my anti-trafficking law, the Victims of Traf- and unique needs of battered women and chil- ment and the bill before us today.
ficking and Violence Prevention Act (PL 106– dren but this version, if passed, no longer will. The SPEAKER pro tempore (Ms.
386/TVPA). These women’s shelters—there are about HOULAHAN). All time for debate has ex-
Important VAWA programs include: legal as- 1,500 nationwide—offer a safe space where a pired.
sistance for victims; addressing housing needs woman does not have to fear or worry about Each further amendment printed in
for victims of domestic violence, dating vio- violence and intimidation and instead allows part B of House Report 117–12 not ear-
lence, sexual assault and stalking; grants to her to take steps toward rebuilding her life. lier considered as part of amendments
combat violent crimes on campuses; grants to We must first and foremost protect victims en bloc pursuant to section 3 of House
encourage arrest policies and enforcement of of violence. Resolution 233, shall be considered only
protection orders; grants for enhanced training I oppose this provision of H.R. 1620 out of in the order printed in the report, may
and services to end abuse later in life; the crit- genuine concern for the women and children be offered only by a Member designated
ical STOP grants to educate and train law en- who are forced to flee to domestic abuse shel- in the report, shall be considered as
forcement personnel to address sexual as- ters and base my concern on evidence from read, shall be debatable for the time
sault; the CHOOSE grants, i.e. Creating Hope California. specified in the report equally divided
Through Outreach, Options, Service, and Edu- In late 2018, nine female victims residing in and controlled by the proponent and an
cation for Children and Youth; training and a women’s shelter in Fresno, California—Nao- opponent, may be withdrawn by the
services to end violence against people with mi’s House, operated by Poverello House— proponent at any time before the ques-
disabilities; the sexual assault services pro- filed a lawsuit against the shelter for admitting tion is put thereon, shall not be subject
gram; rural domestic violence, dating violence, a biological man because he had self-identi- to amendment, and shall not be subject
sexual assault, stalking and child abuse en- fied as a woman. These victims stated that to a demand for division of the ques-
forcement assistance; and grants for strength- they had been sexually harassed by this bio- tion.
ening the healthcare system’s response to do- logical man. They said that he had made It shall be in order at any time for
mestic violence, dating violence, sexual as- ‘‘sexual advances’’ on them and would ‘‘stare the chair of the Committee on the Ju-
sault, and stalking; as well as extending other and leer’’ and make ‘‘sexually harassing com- diciary or his designee to offer amend-
key programs. ments about their bodies’’ while they were ments en bloc consisting of further
This is consistent with my long record of forced to undress in the same room with him. amendments printed in part B of House
support for VAWA. After repeatedly confronting the staff of Nao- Report 117–12, not earlier disposed of.
I strongly supported passage of VAWA mi’s House—both verbally and in writing—with Amendments en bloc shall be consid-
when it was first introduced in 1993, and again their extreme discomfort, these women were ered as read, shall be debatable for 20
in 1994, when this crucial legislation was told that they would be expelled from the shel- minutes equally divided and controlled
signed into law for the first time. I have sup- ter if they refused to comply. by the chair and ranking minority
ported multiple reauthorizations of VAWA, and If we allow biological men who self-identify member of the Committee on the Judi-
I continue to strongly support this law as it as women to receive access to these women- ciary or their respective designees,
was originally intended. only shelters, abused women and children will shall not be subject to amendment, and
As I said earlier, I was the prime author of lose the ‘safe space’ they so desperately shall not be subject to a demand for di-
the law that provided for the first reauthoriza- need. vision of the question.
tion of the VAWA in 2000 when I included the These victims deserve better. They deserve AMENDMENTS EN BLOC OFFERED BY MR. NADLER
SSpencer on DSK126QN23PROD with HOUSE
five-year $3.3 billion comprehensive program our protection and support. We must work to OF NEW YORK
in my Victims of Trafficking and Violence Pre- ensure the safety of women, girls, and chil- Mr. NADLER. Madam Speaker, pur-
vention Act (PL 106–386/TVPA). dren. suant to House Resolution 233, I offer
I also cosponsored the 2005 reauthorization, Other shelters designed to help victims of amendments en bloc.
fought to ensure these programs are fully diverse sexual orientations and identities who The SPEAKER pro tempore. The
funded to assist the maximum number of vic- are victims of domestic abuse ought to be Clerk will designate the amendments
tims, and voted for seven of the first seven considered by separate legislation. en bloc.
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H1464 CONGRESSIONAL RECORD — HOUSE March 17, 2021
Amendments en bloc consisting of (1) social, educational, economic, and any Page 22, line 2, strike the period and all
amendment Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, other factor that may contribute to a Native that follows on that line and insert ‘‘; and’’.
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, Hawaiian becoming a missing or murdered Page 22, insert after line 2 the following:
Native Hawaiian; and ‘‘(24) paying any fees charged by any gov-
23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, ernmental authority for furnishing a victim
(2) legislation to reduce the likelihood that
35, 37, 38, 39, and 41, printed in part B of a Native Hawaiian may become a missing or or the child of a victim with any of the fol-
House Report 117–12, offered by Mr. murdered Native Hawaiian. lowing documents:
NADLER of New York: (b) REVIEW OF NATIVE HAWAIIAN VICTIMS OF ‘‘(A) A birth certificate of the person.
AMENDMENT NO. 1 OFFERED BY MR. BURGESS OF VARIOUS CRIMES.—Not later than 180 days ‘‘(B) An identification card issued to the
TEXAS after the date of enactment of this Act, the person by a State, that shows that the per-
Page 226, insert after line 22 the following: Attorney General shall conduct a com- son is a resident of the State.’’.
SEC. 1406A. STRATEGIES TO IMPROVE COORDINA- prehensive review of programs that provide AMENDMENT NO. 7 OFFERED BY MR. RODNEY
TION OF SEXUAL ASSAULT FOREN- services to victims of criminal offenses af- DAVIS OF ILLINOIS
SIC NURSE EXAM TRAINING AND fecting Native Hawaiians, including child Page 150, line 10, insert after ‘‘economic se-
PROGRAM SUSTAINABILITY. sexual exploitation, child abuse, intimate curity’’ the following: ‘‘, including the im-
Not later than one year after the date of partner violence, human trafficking, and pact of the COVID-19 pandemic on such vic-
the enactment of this Act, the Attorney substance abuse. The report shall include for tims’ ability to maintain economic secu-
General and Secretary of the Department of each such program the amount of Federal rity,’’.
Health and Human Services shall issue and funding that is received by Native Hawaiian-
disseminate guidance and best practices to AMENDMENT NO. 8 OFFERED BY MR. DELGADO OF
serving organizations as a percentage of—
improve sexual assault forensic nurse exam NEW YORK
(1) the total amount disbursed by the pro-
training and program sustainability. Such gram; and Page 128, after line 2, add the following
guidance shall include technical assistance (2) the total amount of Federal funds dis- (and redesignate the following paragraphs
and best practices with respect to— bursed by the program. accordingly):
(1) aspects of performing the medical fo- (c) REPORT ON NATIVE HAWAIIANS IN THE (7) Studies have found that individuals liv-
rensic exam, including anogenital photog- CRIMINAL JUSTICE SYSTEM.— ing in rural areas facing intimate partner vi-
raphy, other photographic documentation, (1) CRIMINAL JUSTICE SYSTEM.—Not later olence often face barriers to accessing re-
photographic documentation record manage- than 180 days after the date of enactment of sources, ranging from health care to the
ment, and quality assurance peer review; this Act, the Attorney General, acting criminal justice system.
(2) training and certification; through the National Institute of Justice, in AMENDMENT NO. 9 OFFERED BY MR. DELGADO OF
(3) leadership development; coordination with the Bureau of Justice Sta- NEW YORK
(4) examiner program sustainability and tistics, shall report on the interaction of Na- Page 151, after line 10, add the following
examiner retention; tive Hawaiians with the criminal justice sys- (and redesignate the following paragraphs
(5) education of community stakeholders, tem, including the percentage of persons who accordingly):
including law enforcement officials, victim are Native Hawaiians out of the total of— (3) analysis of the unique barriers faced by
advocates, and prosecutors; and (A) all persons arrested; survivors living in rural communities;
(6) use of telehealth for both training ex- (B) all persons detained in Federal, State,
aminers and conducting the exams, including AMENDMENT NO. 10 OFFERED BY MRS. DINGELL
and local jails; OF MICHIGAN
the Project ECHO model and other models. (C) all persons subject to pretrial super-
AMENDMENT NO. 2 OFFERED BY MS. BUSH OF vision; At the end of the bill, add the following:
MISSOURI SEC. lll. GRANTS TO STATE AND TRIBAL
(D) all persons subject to post-conviction
COURTS TO IMPLEMENT PROTEC-
Page 78, line 16, strike ‘‘; and’’ and insert a supervision; TION ORDER PILOT PROGRAMS.
semicolon. (E) all persons incarcerated in Federal and Part U of title I of the Omnibus Crime Con-
Page 78, after line 16, insert the following State prisons; and trol and Safe Streets Act of 1968 (34 U.S.C.
(and redesignate the following subparagraphs (F) all persons subject to post-release su- 10461 et seq.) is amended—
accordingly): pervision. (1) by redesignating sections 2103, 2104, and
(P) the program under Chapter 11 of sub- (2) PROGRAMS AND SERVICES.—The report 2105 as sections 2104, 2105, and 2106, respec-
title B of the Violence Against Women Act of shall also include the programs and services
tively; and
1994 (34 U.S.C. 12351 et seq.); and available to and used by Native Hawaiians in
(2) by inserting after section 2102 the fol-
AMENDMENT NO. 3 OFFERED BY MS. BUSH OF various jurisdictions, including diversion
lowing:
MISSOURI programs, in-prison education programs, and
‘‘SEC. 2103. GRANTS TO STATE AND TRIBAL
Page 224, line 5, insert after ‘‘submit to reentry services. The report shall also in- COURTS TO IMPLEMENT PROTEC-
Congress’’ the following: ‘‘and make publicly clude the number of culturally relevant pro- TION ORDER PILOT PROGRAMS.
available on the Department of Justice grams available to Native Hawaiians who ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In
website’’. interact with the criminal justice system. this section, the term ‘eligible entity’ means
The report shall also include data on the a State or tribal court that is part of a mul-
AMENDMENT NO. 4 OFFERED BY MR. CASE OF
number of Native Hawaiians who are incar- tidisciplinary partnership that includes, to
HAWAII
cerated and placed in Federal and private fa- the extent practicable—
Page 168, insert after line 5, insert the fol- cilities more than 200 miles from their place
lowing: ‘‘(1) State, tribal, or local law enforcement
of residence. agency;
(16) Native Hawaiians experience a dis- (3) RECOMMENDATIONS.—The report shall
proportionately high rate of human traf- ‘‘(2) a State, tribal, or local prosecutor ad-
also include recommendations relating to— vocate group;
ficking with 64 percent of human trafficking (A) social, educational, economic, and any
victims in the State of Hawai’i identifying as ‘‘(3) a victim service provider or State or
other factor that may contribute to a Native tribal domestic violence coalition;
at least part Native Hawaiian. Hawaiian becoming involved in the criminal
Page 219, insert the following before line 4, ‘‘(4) a nonprofit program or government
justice system; and agency with demonstrated experience in pro-
and conform the table of contents accord-
(B) legislation to reduce the likelihood viding legal assistance or legal advice to vic-
ingly:
that a Native Hawaiian may become in- tims of domestic violence and sexual assault;
SEC. 1204. REVIEW ON NATIVE AMERICAN INTER-
ACTIONS WITH LAW ENFORCEMENT.
volved in the criminal justice system. ‘‘(5) the bar association of the applicable
(a) REVIEW ON LAW ENFORCEMENT AFFECT- AMENDMENT NO. 5 OFFERED BY MR. CONNOLLY State or Indian Tribe;
ING NATIVE HAWAIIANS.—Not later than 180 OF VIRGINIA ‘‘(6) the State or tribal association of court
days after the date of enactment of this Act, At the end of the bill, add the following: clerks;
the Attorney General shall conduct a com- SEC. ll. SEXUAL ASSAULT SURVIVORS’ RIGHTS. ‘‘(7) a State, tribal, or local association of
prehensive review of law enforcement and Section 3772(a)(2) of title 18, United States criminal defense attorneys;
other crime prevention programs targeting Code, is amended— ‘‘(8) not fewer than 2 individuals with ex-
criminal offenses that affect Native Hawai- (1) in subparagraph (B), by striking ‘‘; and’’ pertise in the design and management of
ians, including child sexual exploitation, and inserting a semicolon; court case management systems and systems
child abuse, intimate partner violence, (2) in subparagraph (C), by striking the pe- of integration;
human trafficking, missing or murdered in- ‘‘(9) not fewer than 2 State or tribal court
SSpencer on DSK126QN23PROD with HOUSE
riod at the end and inserting ‘‘; and’’; and
dividuals, and substance abuse and submit to (3) by inserting the following new subpara- judges with experience in—
Congress a report thereon. The review shall ‘‘(A) the field of domestic violence; and
graph:
include for each such program the amount of ‘‘(B) issuing protective orders; and
‘‘(D) be informed of the status and location
Federal funding for the program that is re- ‘‘(10) a judge assigned to the criminal dock-
of a sexual assault evidence collection kit.’’.
ceived by Native Hawaiian-serving organiza- et of the State or tribal court.
tions as a percentage of the total amount AMENDMENT NO. 6 OFFERED BY MR. CRIST OF ‘‘(b) GRANTS AUTHORIZED.—
disbursed by the program. The review shall FLORIDA ‘‘(1) IN GENERAL.—In addition to grants au-
also include recommendations relating to— Page 21, line 20, strike ‘‘and’’. thorized under section 2101, the Attorney
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1465
General shall make grants to eligible enti- ‘‘(D) any other information the Attorney Page 213, line 5, by striking the period at
ties to carry out the activities described in General may reasonably require. the end and inserting ‘‘; and’’.
subsection (c) of this section. ‘‘(2) NO OTHER APPLICATION REQUIRED.—An Page 213, after line 5, by inserting the fol-
‘‘(2) NUMBER.—The Attorney General may eligible entity shall not be required to sub- lowing:
award not more than 10 grants under para- mit an application under section 2102 to re- (D) other support tailored to the needs of
graph (1). ceive a grant under this section. Indigenous women, including American In-
‘‘(3) AMOUNT.—The amount of a grant ‘‘(f) TECHNICAL ASSISTANCE.—Notwith- dian, Alaska Native, and Native Hawaiian
awarded under paragraph (1) may be not standing section 40002(b)(11) of the Violence women.
more than $1,500,000. Against Women Act of 1994 (34 U.S.C. AMENDMENT NO. 12 OFFERED BY MR. LAMB OF
‘‘(c) MANDATORY ACTIVITIES.— 12291(b)(11)), as applied under section 2106 of PENNSYLVANIA
‘‘(1) IN GENERAL.—An eligible entity that this part, not less than 5 percent and not
receives a grant under this section shall use more than 8 percent of the total amounts ap- Page 39, line 21, strike ‘‘and’’ at the end.
the grant funds, in consultation with the propriated to carry out this section shall be Page 39, insert after line 21 the following
partners required under subsection (a), to— available to the Attorney General for tech- (and redesignate succeeding provisions ac-
‘‘(A) develop and implement a program for nical assistance relating to the purposes of cordingly):
properly and legally serving protection or- this section. (2) in subsection (a)—
ders through electronic communication ‘‘(g) REPORT TO ATTORNEY GENERAL.— (A) in paragraph (2), by striking ‘‘and’’ at
methods to— ‘‘(1) INITIAL REPORT.—Not later than 2 the end;
‘‘(i) modernize the service process and years after receiving a grant under this sec- (B) in paragraph (3)(B), by striking the pe-
make the process more effective and effi- tion, an eligible entity shall submit to the riod at the end and inserting ‘‘; and’’; and
cient; Attorney General a report that details the (C) by adding at the end the following:
‘‘(ii) provide for improved safety of vic- plan of the entity for implementation of the ‘‘(4) to develop, expand, implement, and
tims; and program under subsection (c). improve the quality of sexual assault foren-
‘‘(iii) make protection orders enforceable ‘‘(2) SUBSEQUENT REPORTS.— sic medical examination or sexual assault
as quickly as possible; ‘‘(A) IN GENERAL.—Not later than 1 year nurse examiner programs.’’;
‘‘(B) develop best practices relating to the after implementing the program under sub- (3) in subsection (b)(5), by inserting after
service of protection orders through elec- section (c), and not later than 2 years there- ‘‘by the lack of access to’’the following:
tronic communication methods; after, an eligible entity shall submit to the ‘‘quality forensic sexual assault examina-
‘‘(C) ensure that the program developed Attorney General a report that describes the tions by trained healthcare providers,’’.
under subparagraph (A) complies with due program implemented under subsection (c), AMENDMENT NO. 13 OFFERED BY MRS. LAWRENCE
process requirements and any other proce- including with respect to— OF MICHIGAN
dures required by law or by a court; and ‘‘(i) viability;
‘‘(D) implement any technology necessary Page 28, after line 18, by inserting the fol-
‘‘(ii) cost; lowing:
to carry out the program developed under ‘‘(iii) service statistics;
subparagraph (A), such as technology to ‘‘(28) To develop or strengthen polocies and
‘‘(iv) challenges; training for law enforcement officers, pros-
verify and track the receipt of a protection ‘‘(v) analysis of the technology used to ful-
order by the intended party. ecutors, and the judiciary in recognizing, in-
fill the goals of the program; vestigating, and prosecuting instances of do-
‘‘(2) TIMELINE.—An eligible entity that re- ‘‘(vi) analysis of any legal or due process
ceives a grant under this section shall— mestic violene, dating violence, sexual as-
issues resulting from the electronic service sault, and stalking against individuals who
‘‘(A) implement the program required method described in subsection (c)(1)(A); and
under paragraph (1)(A) not later than 2 years have been arrested or otherwise have contact
‘‘(vii) best practices for implementing such with the juvenile or adult criminal justice
after receiving the grant; and a program in other similarly situated loca-
‘‘(B) carry out the program for not fewer system, and to develop or strengthen diver-
tions. sion programs for such individuals and for
than 3 years. ‘‘(B) CONTENTS OF FINAL REPORT.—An eligi-
‘‘(d) DIVERSITY OF RECIPIENTS.—The Attor- such individuals to receive comprehensive
ble entity shall include in the second report victim services.’’.
ney General shall award grants under this
submitted under subparagraph (A) rec-
section to eligible entities in a variety of AMENDMENT NO. 14 OFFERED BY MRS. LAWRENCE
areas and situations, including— ommendations for—
OF MICHIGAN
‘‘(1) a State court that serves a population ‘‘(i) future nationwide implementation of
of not fewer than 1,000,000 individuals; the program implemented by the eligible en- Page 29, strike line 19 and insert the fol-
‘‘(2) a State court that— tity; and lowing:
‘‘(A) serves a State that is among the 7 ‘‘(ii) usage of electronic service, similar to ‘‘(G) certify that the laws, policies, and
States with the lowest population density in the service used by the eligible entity, for practices of the State in which the eligible
the United States; and other commonly used court orders, including grantee resides prohibits the prosecution of a
‘‘(B) has a relatively low rate of successful with respect to viability and cost. minor under the age of 18 with respect to
‘‘(h) NO REGULATIONS OR GUIDELINES RE- prostitution; and’’; and
service with respect to protection orders, as
QUIRED.—Notwithstanding section 2105, the
determined by the Attorney General; AMENDMENT NO. 15 OFFERED BY MS. LEGER
Attorney General shall not be required to
‘‘(3) a State court that— FERNANDEZ OF NEW MEXICO
publish regulations or guidelines imple-
‘‘(A) serves a State that is among the 7 Page 192, insert after line 24 the following:
menting this section.
States with the highest population density (f) REPORT.—Not later than 180 days after
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
in the United States; and the date of enactment of this Act, the Direc-
In addition to amounts otherwise made
‘‘(B) has a relatively low rate of successful tor of the Office on Violence Against Women
available to carry out this part, there is au-
service with respect to protection orders, as shall—
thorized to be appropriated to carry out this
determined by the Attorney General; (1) in consultation with the Substance
section $10,000,000 for fiscal years 2019
‘‘(4) a court that uses an integrated, state- Abuse and Mental Health Services Adminis-
through 2024.’’.
wide case management system; tration, report to Congress on actions taken
‘‘(5) a court that uses a standalone case AMENDMENT NO. 11 OFFERED BY MR. KAHELE OF
HAWAII to prevent suicide amongst survivors of sex-
management system; ual assault, domestic violence, dating vio-
‘‘(6) a tribal court; and Page 210, line 14, by striking ‘‘and gender lence, and stalking; and
‘‘(7) a court that serves a culturally spe- identity’’ and inserting ‘‘gender identity and (2) in consultation with the Substance
cific and underserved population. status as an American Indian, Alaska Native Abuse and Mental Health Services Adminis-
‘‘(e) APPLICATION.— or Native Hawaiian’’. tration, establish best practices to prevent
‘‘(1) IN GENERAL.—An eligible entity shall Page 210, after line 14, insert the following
suicide amongst survivors of sexual assault,
submit an application to the Attorney Gen- (and redesignate the following subparagraphs
domestic violence, dating violence, and
eral that includes— accordingly):
stalking.
‘‘(A) a description of the process that the (C) data on the number of women who are
eligible entity uses for service of protection incarcerated and placed in federal and pri- AMENDMENT NO. 16 OFFERED BY MS. LEGER
orders at the time of submission of the appli- vate facilities more than 200 miles from their FERNANDEZ OF NEW YORK
cation; place of residence; Page 33, line 14, by striking ‘‘; and’’ and in-
‘‘(B) to the extent practicable, statistics Page 212, line 13, by striking ‘‘Justice)’’ serting a semicolon.
SSpencer on DSK126QN23PROD with HOUSE
relating to protection orders during the 3 and inserting ‘‘Justice, Indian Tribes (as de- Page 33, line 16, by striking the period at
calendar years preceding the date of submis- fined in section 4 of the Indian Self-Deter- the end and inserting ‘‘; and’’.
sion of the application, including rates of— mination and Education Assistance Act), and Page 33, after line 16, by adding the fol-
‘‘(i) successful service; and Native Hawaiian organizations (as defined in lowing:
‘‘(ii) enforcement; Section 6207 of the Elementary and Sec- (3) by adding at the end the following new
‘‘(C) an initial list of the entities serving ondary Education Act of 1965))’’. subsection:
as the partners required under subsection Page 212, line 26, by striking ‘‘; and’’ and ‘‘(h) CULTURAL RELEVANCE.—Any services
(a); and inserting a semicolon. provided pursuant to a grant funded under
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H1466 CONGRESSIONAL RECORD — HOUSE March 17, 2021
this section shall be provided in a culturally more at risk of maternal mortality or mor- AMENDMENT NO. 22 OFFERED BY MS. NEWMAN OF
relevant manner.’’. bidity as a result of issues related to domes- ILLINOIS
Page 158, after line 13, add the following: tic violence, dating violence, sexual assault, Page 231, insert after line 17 the following:
(e) CULTURAL RELEVANCE.—Any outreach or stalking. SEC. 1411. NATIONAL RESOURCE CENTER ON
or education campaign conducted pursuant (b) REPORTS.—Not later than three years WORKPLACE RESPONSES TO ASSIST
to this section shall be conducted in a cul- after the date of enactment of this title, the VICTIMS OF DOMESTIC AND SEXUAL
turally relevant manner. Secretary of Health and Human Services, in VIOLENCE ASSISTANCE FOR MICRO-
AMENDMENT NO. 17 OFFERED BY MR. LEVIN OF consultation with the Attorney General, the BUSINESSES.
MICHIGAN
Director of the Indian Health Service, and Section 41501(b) of the Violent Crime Con-
other stakeholders (including community trol and Law Enforcement Act of 1994 (34
Page 19, strike line 11 and all that follows based organizations), shall report to Con- U.S.C. 12501(b)) is amended—
through line 15, and insert the following: gress on the study conducted under sub- (1) in paragraph (2), by inserting after
(A) in paragraph (3)— section (a). The report shall include: ‘‘State and local governments’’ the fol-
(i) by striking ‘‘prosecution policies’’ and (1) An analysis of the extent in which do- lowing: ‘‘, and employers with fewer than 20
inserting ‘‘prosecution policies, such as im- mestic violence, dating violence, sexual as- employees’’; and
plementing a vertical prosecution system,’’; sault, or stalking result in pregnancy related (2) in paragraph (3), by inserting before the
and death. period at the end the following: ‘‘, which ma-
(ii) by inserting before the semicolon at (2) An analysis of the impact of domestic terials shall include a website with resources
the end the following: ‘‘including implemen- violence, dating violence, sexual assault or for employers with fewer than 20 employees,
tation of the non-discrimination require- stalking on access to health care. including live training materials’’.
ments in section 40002(b)(13) of the Violence (3) A breakdown of individuals particularly
Against Women Act of 1994’’. AMENDMENT NO. 23 OFFERED BY MS. OMAR OF
impacted by domestic violence, dating vio-
MINNESOTA
AMENDMENT NO. 18 OFFERED BY MS. MENG OF lence, sexual assault, or stalking, by race
NEW YORK and ethnicity. Page 151, line 5, insert ‘‘ credit history,’’
Page 198, insert after line 5 the following (4) An analysis of the impact of domestic after ‘‘health care access,’’.
(and redesignate succeeding subsections ac- violence, dating violence, sexual assault, or AMENDMENT NO. 24 OFFERED BY MS. OMAR OF
cordingly): stalking on Tribal communities and among MINNESOTA
‘‘(d) INTAKE AND ASSESSMENTS.—The Direc- Native Americans.
Page 151, line 24, strike ‘‘and’’.
tor shall administer family-focused program- (5) An assessment of the factors that in- Page 152, line 4, strike the period at the
ming at intake, such as questions about chil- crease risks for infant and maternal mor- end and insert ‘‘; and’’.
dren, gauge interest in parenting resources, tality or morbidity among survivors of do- Page 152, after line 4, insert the following:
and concerns about their child or caregiving; mestic violence, dating violence, sexual as- (6) barriers that impede victims’ ability to
and administer ongoing assessment to better sault, or stalking. pursue legal action, including legal costs and
inform, identify, and make recommendations (6) Recommendations for legislative or pol- filing fees, and complexities of the jurisdic-
about the mother’s parental role and famil- icy changes to help reduce infant and mater-
tion of law enforcement agencies.
ial needs.’’. nal mortality rates.
(7) Best practices to reduce pregnancy re- AMENDMENT NO. 25 OFFERED BY MR. PHILLIPS
Page 198, insert after line 21 the following OF MINNESOTA
(and redesignate succeeding subsections ac- lated deaths among survivors of domestic vi-
cordingly): olence, dating violence, sexual assault, or Add, at the end of the bill, the following
‘‘(g) FAMILY NEEDS TRAINING.—The Direc- stalking. (and conform the table of contents accord-
tor shall provide training to correctional of- (8) Any other information on maternal ingly):
ficers and employees of the Bureau of Pris- mortality or morbidity the the Secretary de- TITLE XVII—PROTECTIONS FOR CERTAIN
ons who engage with prisoners’ families on— termine appropriate to include in the report. IMMIGRANT WOMEN
‘‘(1) how to interact with children in an AMENDMENT NO. 21 OFFERED BY MS. MOORE OF
SEC. 1701. PILOT PROGRAM TO PROVIDE ADDI-
age-appropriate manner, and the children’s WISCONSIN TIONAL PROTECTIONS.
caregivers; Page 51, insert after line 18 the following: Notwithstanding any other provision of
‘‘(2) basic childhood and adolescent devel- SEC. 207. AUTHORIZATION OF THE FAST INITIA- law, the Secretary of Homeland Security
opment information; and TIVE. shall publish an interim final rule estab-
‘‘(3) basic customer service skills.’’. Section 41601(e) of the Violent Crime Con- lishing a six year pilot program allowing
Page 212, line 26, strike ‘‘and’’ at the end. trol and Law Enforcement Act of 1994 (34 nonimmigrants authorized for employment
Page 213, line 5, strike the period at the U.S.C. 12511(e)) is amended by adding at the under section 106 of the Immigration and Na-
end and insert ‘‘; and’’. end the following: tionality Act (8 U.S.C. 1105a), and their chil-
Page 213, insert after line 5 the following: ‘‘(g) FORENSIC-MEDICAL AND ADVOCACY dren, to apply for lawful temporary status
(D) the need to ensure a family-focused re- SERVICES FOR TRIBES INITIATIVE.— and travel authorization independent of the
entry, by including incarcerated mothers, ‘‘(1) IN GENERAL.—The Attorney General, in principal nonimmigrants to which their cur-
their children, and their caregivers to create consultation with the Secretary of Health rent status is or was tied. Such interim final
family reentry planning and programming; and Human Services, shall make grants to rule shall be published and take effect not
and informing reentry information to vis- eligible entities establish, sustain, or expand later than 180 days after the date of the en-
iting families. programs offering sexual assault medical fo- actment of this Act.
AMENDMENT NO. 19 OFFERED BY MS. MENG OF rensic exams and sexual assault victim serv-
AMENDMENT NO. 26 OFFERED BY MS. PLASKETT
NEW YORK ices in tribal communities.
OF VIRGIN ISLANDS
Page 199, line 5, add at the end the fol- ‘‘(2) ELIGIBLE ENTITY.—An eligible entity
any of the following: Page 231, insert after line 17 the following:
lowing:
‘‘(A) A State, local, or Federally recog- SEC. 1411. CIVIL ACTION RELATING TO DISCLO-
‘‘1A‘‘The Director shall make rules— SURE OF INTIMATE IMAGES.
‘‘(A) on the distribution and accessibility nized tribal government.
‘‘(B) An agency of a State, local, or Feder- (a) DEFINITIONS.—In this section:
of sanitary products to prisoners, to ensure
ally recognized tribal government. (1) CONSENT.—The term ‘‘consent’’ means,
each prisoner who requires these products re-
‘‘(C) A nonprofit organization. with respect to an individual, an affirmative,
ceives a quantity the prisoner deems suffi-
‘‘(D) A tribal organization. conscious, and voluntary authorization made
cient; and
‘‘(E) An entity, the principal purpose of by the individual free from force, fraud, mis-
‘‘(B) providing that no visitor is prohibited
which is to provide healthcare, such as a hos- representation, or coercion of the depicted
from visiting a prisoner due to the visitor’s
pital, clinic, or health department. individual.
use of sanitary products.’’.
‘‘(F) An institution of higher education. (2) COMMERCIAL PORNOGRAPHIC CONTENT.—
AMENDMENT NO. 20 OFFERED BY MS. MOORE OF ‘‘(3) FUNDING.—Of the amount made avail- The term ‘‘commercial pornographic con-
WISCONSIN able to carry out this section, $14,000,000 tent’’ means any material that is subject to
At the end of title V, add the following: shall be for grants under this subsection. the record keeping requirements under sec-
SEC. ll. MATERNAL MORTALITY OR MORBIDITY ‘‘(4) PRIORITY.—The Attorney General shall tion 2257 of title 18, United States Code.
STUDY. give priority to applicants proposing innova- (3) DEPICTED INDIVIDUAL.—The term ‘‘de-
(a) STUDY.—The Secretary of Health and tive ways of bringing experienced sexual as- picted individual’’ means an individual
Human Services, in collaboration with the sault forensic exams to remote tribal com- whose body is disclosed in whole or in part in
SSpencer on DSK126QN23PROD with HOUSE
Center for Disease Control and Prevention munities. an intimate image.
and in consultation with the Attorney Gen- ‘‘(5) APPLICANT REQUIREMENTS.—Applicants (4) DISCLOSE.—The term ‘‘disclose’’ means
eral, the Director of the Indian Health Serv- shall demonstrate coordination with victim to transfer, publish, distribute, or make ac-
ice, and other stakeholders (including com- service providers, law enforcement (includ- cessible an intimate image.
munity based organizations), shall conduct a ing a crime laboratory), and prosecutors. (5) IDENTIFIABLE.—The term ‘‘identifiable’’
study on the whether victims of domestic vi- ‘‘(6) USE OF FUNDS.—Recipients of a grant means recognizable by an individual other
olence, dating violence, sexual assault, or under this subsection may use such funds to than the depicted individual from—
stalking throughout the United States are hire a sexual assault response team.’’. (A) the intimate image itself; or
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1467
(B) information or text displayed in con- onstrated through a preponderance of evi- tion and the nature of domestic violence,
nection with the intimate image. dence; dating violence, stalking, and sexual assault
(6) INTIMATE IMAGE.—The term ‘‘intimate (B) a disclosure made in good faith— for LGBTQ+ individuals;
image’’— (i) to a law enforcement officer or agency; (F) developing and implementing LGBTQ+
(A) means a photograph, film, video record- (ii) as part of a legal proceeding; specific programming that incorporates al-
ing, or digital recording that shows— (iii) as part of medical education, diag- ternative justice responses that are focused
(i) the uncovered genitals, pubic area, nosis, or treatment; or on victim autonomy, agency and safety in
anus, or female nipple of an individual; (iv) in the reporting or investigation of— order to provide resolution and restitution
(ii) the display or transfer of bodily sexual (I) unlawful content; or for the victim; and
fluids on to any part of the body of an indi- (II) unsolicited or unwelcome conduct; (G) providing LGBTQ+ specific programs
vidual; (C) a matter of public concern or public in- for LGBTQ+ parents of children exposed to
(iii) an individual engaging in sexually ex- terest; or domestic violence, dating violence, sexual
plicit conduct; or (D) a disclosure reasonably intended to as- assault, and stalking; (H) examining the dy-
(iv) an individual being subjected to sexu- sist the depicted individual. namics of anti-LGBTQ+ bias and its impact
ally explicit conduct; and AMENDMENT NO. 27 OFFERED BY MS. PRESSLEY
on victimization and healing.
(B) includes any image described in sub- OF MASSACHUSETTS
(3) TECHNICAL ASSISTANCE AND TRAINING.—
paragraph (A) captured or recorded while the The Director shall provide technical assist-
depicted individual was in a public place if— Page 51, insert after line 18 the following: ance and training to grantees of this and
(i) the depicted individual did not volun- SEC. 206. LESBIAN, GAY, BISEXUAL, AND other programs under this Act regarding the
TRANSGENDER SPECIFIC SERVICES
tarily display the content depicted in the development and provision of effective
PROGRAM.
image; or LGBTQ+ specific community-based services
(a) ESTABLISHMENT.—The Attorney Gen-
(ii) the depicted individual did not consent by entering into cooperative agreements or
to the sexual conduct depicted in the image. eral, acting through the Director of the Vio- contracts with an organization or organiza-
(7) SEXUALLY EXPLICIT CONDUCT.—The term lence Against Women Office, shall make tions having a demonstrated expertise in and
‘‘sexually explicit conduct’’ has the meaning grants to eligible entities to enhance whose primary purpose is addressing the de-
given the term in subparagraphs (A) and (B) LGBTQ+ specific services for victims of do- velopment and provision of LGBTQ+ specific
of section 2256(2) of title 18, United States mestic violence, dating violence, sexual as- community-based services to victims of do-
Code. sault and stalking. mestic violence, dating violence, sexual as-
(b) CIVIL ACTION.— (b) PURPOSE OF PROGRAM AND GRANTS .— sault, and stalking.
(1) RIGHT OF ACTION.—Except as provided in (1) GENERAL PROGRAM PURPOSE.—.— The (c) ELIGIBLE ENTITIES.—Eligible entities
paragraph (4), a depicted individual, or in the purpose of the program required by this sec- for grants under this section include—
case of a depicted individual who is a minor, tion is to promote the following: (1) community-based programs, the pri-
the parent of the depicted individual, whose (A) The maintenance and replication of ex- mary purpose of which is providing LGBTQ+
intimate image is disclosed, in or through isting successful LGBTQ+ specific domestic specific services to victims of domestic vio-
interstate or foreign commerce or using a violence, dating violence, sexual assault, and lence, dating violence, sexual assault, and
means of interstate or foreign commerce (in- stalking community-based programs pro- stalking; and
cluding the internet), without the consent of viding services and resources for LGBTQ+ (2) community-based programs, the pri-
the depicted individual, and such disclosure victims of domestic violence, dating vio- mary purpose of which is providing LGBTQ+
was made by a person who acted knowingly lence, sexual assault, and stalking. specific services that can partner with a pro-
without, or with reckless disregard for, the (B) The development of innovative gram having demonstrated expertise in serv-
consent of the depicted individual to such LGBTQ+ specific strategies and projects to ing victims of domestic violence, dating vio-
disclosure, may bring a civil action against enhance access to services and resources for lence, sexual assault, and stalking, and that
that person in an appropriate district court LGBTQ+ victims of domestic violence, dat- agrees to receive technical assistance from a
of the United States for appropriate relief. ing violence, sexual assault, and stalking program with LGBTQ+ specific expertise.
(2) CONSENT.—For purposes of an action who face obstacles to using more traditional (d) REPORTING.—The Director shall issue a
under paragraph (1)— services and resources. biennial report on the distribution of funding
(A) evidence that the depicted individual (2) PURPOSES FOR WHICH GRANTS MAY BE under this section, the progress made in rep-
provided consent to the capture or recording USED.—The Director shall make grants to licating and supporting increased services to
of the intimate image shall not, by itself, community-based programs for the purpose LGBTQ+ victims of domestic violence, dat-
constitute evidence that the depicted indi- of enhancing LGBTQ+ specific services for ing violence, sexual assault, and stalking
vidual provided consent to the disclosure of victims of domestic violence, dating vio- and the types of LGBTQ+ specific programs,
the intimate image; and lence, sexual assault, and stalking. Grants strategies, technical assistance, and training
(B) evidence that the depicted individual under the program shall support community- developed or enhanced through this program.
disclosed the image to the person alleged to based efforts to address distinctive LGBTQ+ (e) GRANT PERIOD.—The Director shall
have violated paragraph (1) shall not, by specific responses to domestic violence, dat- award grants for a 2-year period, with a pos-
itself, constitute evidence that the depicted ing violence, sexual assault, and stalking, in- sible extension of another 2 years to imple-
individual provided consent to the further cluding— ment projects under the grant.
(f) EVALUATION.—The Director shall award
disclosure of the intimate image. (A) providing or enhancing services for
a contract or cooperative agreement to
(3) RELIEF.— LGBTQ+ victims of domestic violence, dat-
evaluate programs under this section to an
(A) IN GENERAL.—In a civil action filed ing violence, sexual assault, or stalking, in-
entity with the demonstrated expertise in
under this section— cluding services that address the safety, and primary goal of providing enhanced ac-
(i) an individual may recover the actual emotional well-being, economic, housing, cess to services and resources for victims of
damages sustained by the individual or liq- legal and workplace needs of LGBTQ+ vic- domestic violence, dating violence, sexual
uidated damages in the amount of $150,000, tims; assault, and stalking who face obstacles to
and the cost of the action, including reason- (B) supporting programs that specifically using more traditional services and re-
able attorney’s fees and other litigation address underserved LGBTQ+ communities, sources.
costs reasonably incurred; and including culturally specific communities, to (g) NON-EXCLUSIVITY.—Nothing in this sec-
(ii) the court may, in addition to any other provide specific resources and support for tion shall be construed to exclude LGBTQ+
relief available at law, order equitable relief, LGBTQ+ underserved victims of domestic vi- community-based programs from applying to
including a temporary restraining order, a olence, dating violence, sexual assault, and other grant programs authorized under this
preliminary injunction, or a permanent in- stalking; Act.
junction ordering the defendant to cease dis- (C) working in cooperation with the com- (h) AUTHORIZATION OF APPROPRIATIONS.—
play or disclosure of the image. munity to develop education and prevention (1) IN GENERAL.—Two percent the amounts
(B) PRESERVATION OF ANONYMITY.—In or- strategies highlighting LGBTQ+ specific appropriated to carry out a covered grant
dering relief under subparagraph (A), the issues and resources regarding victims of do- program for each of fiscal years 2022 through
court may grant injunctive relief maintain- mestic violence, dating violence, sexual as- 2026, shall be made available for grants under
ing the confidentiality of a plaintiff using a sault, and stalking; this section.
pseudonym. (D) conducting outreach activities to en- (2) COVERED GRANT PROGRAM.—In this sec-
(4) EXCEPTIONS.—A depicted individual sure that LGBTQ+ people who are victims of tion, the term ‘‘covered grant program’’
may not bring an action for relief under this domestic violence, dating violence, stalking, means any of the following: —
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section relating to— or sexual assault receive appropriate assist- (A) Section 2101 of the Omnibus Crime Con-
(A) an intimate image that is commercial ance; trol and Safe Streets Act of 1968 (34 U.S.C.
pornographic content unless— (E) providing training for victim service 10461).
(i) the content was produced by force, organizations, governmental agencies, (B) Section 1301 of the Violence Against
fraud, misrepresentation, or coercion of the courts, law enforcement and other first re- Women Act of 2000 (34 U.S.C. 12464).
depicted individual; and sponders, and nonprofit, nongovernmental (3) ADDITIONAL AMOUNT.—In addition to the
(ii) the claim of force, fraud, misrepresen- organizations serving the LGBT community funds described in paragraph (1), there is au-
tation, or coercion under clause (i) is dem- about risk reduction, intervention, preven- thorized to be appropriated to carry out this
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H1468 CONGRESSIONAL RECORD — HOUSE March 17, 2021
section $8,000,000 for each of fiscal years 2022 meaning given that term in section 230(f) of AMENDMENT NO. 33 OFFERED BY MS. SPEIER OF
through 2026. Funds appropriated under this the Communications Act of 1934 (47 U.S.C. CALIFORNIA
paragraph shall remain available until ex- 230(f)). At the end of the bill, add the following:
pended. ‘‘(3) INTIMATE VISUAL DEPICTION.—The term SEC. ll. ONLINE SURVEY TOOL FOR CAMPUS
AMENDMENT NO. 28 OFFERED BY MS. ROSS OF ‘intimate visual depiction’ means any visual SAFETY.
NORTH CAROLINA depiction (as that term is defined in section (a) IN GENERAL.—The Secretary of Edu-
2256(5))— cation shall, in consultation with the Attor-
Page 121, insert after line 21 the following:
‘‘(A) of an individual who is reasonably ney General, Director of the Centers for Dis-
‘‘(26) To develop of statewide databases
identifiable from the visual depiction itself ease Control, and the Secretary of the De-
with information on where sexual assault
or information displayed in connection with partment of Health and Human Services and
nurse examiners are located.’’. experts in domestic violence, dating vio-
the visual depiction;
AMENDMENT NO. 29 OFFERED BY MS. ROSS OF ‘‘(B) in which— lence, sexual assault, sexual harassment, and
NORTH CAROLINA ‘‘(i) the individual has obtained 18 years of stalking, develop, design, and make avail-
Page 81, insert after line 25 the following: age and is engaging in sexually explicit con- able through a secure and accessible online
(2) in subsection (b), by amending para- duct; or portal, a standardized online survey tool re-
graph (1) to read as follows: ‘‘(ii) the naked genitals, anus, pubic area garding student experiences with domestic
‘‘(1) IN GENERAL.—A covered housing pro- or post-pubescent female nipple of the indi- violence, dating violence, sexual assault,
vider shall prioritize the safety of victims vidual are visible; sexual harassment, and stalking.
when making housing and housing-related ‘‘(C) in which the content described in sub- (b) DEVELOPMENT OF SURVEY TOOL.—In de-
decisions, including admissions, termi- paragraph (B) is not simulated; and veloping the survey tool required under sub-
nations of assistance, evictions, transfers, ‘‘(D) in original or modified format. section (a), the Secretary of Education
referrals, family break-ups, and income de- ‘‘(4) SEXUALLY EXPLICIT CONDUCT.—The shall—
terminations.’’. term ‘sexually explicit conduct’ has the (1) use best practices from peer-reviewed
meaning given that term in section research measuring domestic violence, dat-
AMENDMENT NO. 30 OFFERED BY MS. SCANLON
2256(2)(A). ing violence, sexual assault, sexual harass-
OF PENNSYLVANIA
‘‘(b) OFFENSE.—Except as provided in sub- ment, and stalking;
Page 30, insert after line 13 the following section (d), it shall be unlawful to knowingly (2) consult with the higher education com-
(and redesignate succeeding paragraphs ac- use any means or facility of interstate or munity, experts in survey research related to
cordingly): foreign commerce to distribute an intimate domestic violence, dating violence, sexual
(3) in subsection (c)— visual depiction of an individual— assault, sexual harassment, and stalking,
(A) in paragraph (2), by striking ‘‘and’’ at ‘‘(1) with knowledge of or reckless dis- and organizations engaged in the prevention
the end; regard for— of and response to, and advocacy on behalf of
(B) in paragraph (3), by striking the period ‘‘(A) the lack of consent of the individual victims of, domestic violence, dating vio-
at the end and inserting ‘‘; and’’; and to the distribution; and lence, sexual assault, sexual harassment, and
(C) by adding at the end the following: ‘‘(B) the reasonable expectation of the in- stalking regarding the development and de-
‘‘(4) to implement, expand, and establish dividual that the depiction would remain sign of such survey tool and the method-
efforts and projects to provide legal rep- private; and ology for administration of such survey tool;
resentation for post-conviction relief pro- ‘‘(2) without an objectively reasonable be- and
ceedings, including any proceedings relating lief that such distribution touches upon a (3) ensure that the survey tool is readily
to vacatur, expungement, record-sealing, or matter of public concern. accessible to and usable by individuals with
other post-conviction relief measure.’’. ‘‘(c) PENALTY.—Any person who violates disabilities.
AMENDMENT NO. 31 OFFERED BY MS. SCANLON subsection (b) shall be fined under this title, (c) ELEMENTS.—
OF PENNSYLVANIA imprisoned not more than 2 years, for each (1) IN GENERAL.—The survey tool developed
Page 8, line 4, strike ‘‘or’’ at the end. individual victim depicted, or both. pursuant to this paragraph shall be fair and
Page 8, after line 4, insert the following ‘‘(d) EXCEPTIONS.— unbiased, scientifically valid and reliable,
‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, and meet the highest standards of survey re-
(and redesignate provisions accordingly):
AND OTHER LEGAL PROCEEDINGS.—This sec- search.
‘‘(iii) in the case of legal services provided
at a facility operated by the Department of tion— (2) SURVEY QUESTIONS.—Survey questions
Veterans Affairs, a representative authorized ‘‘(A) does not prohibit any lawful law en- included in the survey tool developed pursu-
by the Secretary who is providing legal serv- forcement, correctional, or intelligence ac- ant to this section shall—
ices in connection with medical services, and tivity; (A) be designed to gather information on
other unmet legal needs, such as issues re- ‘‘(B) shall not apply in the case of an indi- student experiences with domestic violence,
lated to child custody, elder law, and land- vidual acting in good faith to report unlaw- dating violence, sexual assault, sexual har-
lord-tenant disputes; or’’. ful activity or in pursuance of a legal or pro- assment, and stalking, including the experi-
fessional or other lawful obligation; and ences of victims of such incidents;
‘‘(C) shall not apply in the case of a docu- (B) use trauma-informed language to pre-
AMENDMENT NO. 32 OFFERED BY MS.SPEIER OF
ment production or filing associated with a vent retraumatization; and
CALIFORNIA
legal proceeding. (C) include the following:
Page 231, insert after line 17 the following: ‘‘(2) SERVICE PROVIDERS.—This section (i) Questions that give students the option
SEC. 1411. CERTAIN ACTIVITIES RELATING TO IN- shall not apply to any provider of a commu- to report their demographic information.
TIMATE VISUAL DEPICTIONS. nications service with regard to content pro- (ii) Questions designed to determine the in-
(a) SHORT TITLE.—This section may be vided by another information content pro- cidence and prevalence of domestic violence,
cited as the ‘‘Stopping Harmful Image Ex- vider unless the provider of the communica- dating violence, sexual assault, sexual har-
ploitation and Limiting Distribution Act of tions service intentionally solicits, or know- assment, and stalking.
2021’’ or the ‘‘SHIELD Act of 2021’’. ingly and predominantly distributes, content (iii) Questions regarding whether students
(b) IN GENERAL.—Chapter 88 of title 18, that the provider of the communications know about institutional policies and proce-
United States Code, is amended by adding at service actually knows is in violation of this dures related to domestic violence, dating vi-
the end the following: section. olence, sexual assault, sexual harassment,
‘‘§ 1802. Certain activities relating to intimate ‘‘(e) THREATS.—Any person who inten- and stalking.
visual depictions tionally threatens to commit an offense (iv) Questions designed to determine, if
‘‘(a) DEFINITIONS.—In this section: under subsection (b) shall be punished as pro- victims reported domestic violence, dating
‘‘(1) COMMUNICATIONS SERVICE.—The term vided in subsection (c). violence, sexual assault, sexual harassment,
‘‘(f) VENUE AND EXTRATERRITORIALITY.—A
‘communications service’ means— or stalking—
prosecution under this section may be
‘‘(A) a service provided by a person that is (I) to whom the incident was reported and
brought in a district where the defendant or
a common carrier, as that term is defined in what response the victim may have received;
the depicted individual resides or in a dis-
section 3 of the Communications Act of 1934 trict where the intimate visual depictions (II) whether the victim was informed of, or
(47 U.S.C. 153), insofar as the person is acting are distributed. There is extraterritorial referred to, national, State, local, or on-cam-
as a common carrier; Federal jurisdiction over an offense under pus resources; and
‘‘(B) an electronic communication service, this section if the defendant or the depicted (III) whether the entity to whom the vic-
as that term is defined in section 2510; individual is a citizen or permanent resident tim reported the incident conducted an in-
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‘‘(C) an information service, as that term of the United States.’’. vestigation and the duration and final reso-
is defined in section 3 of the Communica- (c) CLERICAL AMENDMENT.—The table of lution of such an investigation.
tions Act of 1934 (47 U.S.C. 153); and sections of chapter 88 of title 18, United (v) Questions regarding contextual factors,
‘‘(D) an interactive computer service, as States Code, is amended by inserting after such as whether force, incapacitation, or co-
that term is defined in section 230(f) of the the item relating to section 1801 the fol- ercion was involved.
Communications Act of 1934 (47 U.S.C. 230(f)). lowing: (vi) Questions to determine whether an ac-
‘‘(2) INFORMATION CONTENT PROVIDER.—The ‘‘1802. Certain activities relating to intimate cused individual was a student at the insti-
term ‘information content provider’ has the visual depictions.’’. tution.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1469
(vii) Questions to determine whether a vic- complete the survey tool developed pursuant (6) develop recommendations on culturally
tim reported an incident to State, local, or to this section. responsive and inclusive approaches to sup-
campus law enforcement. (f) REPORT.—Beginning not later than 2 porting survivors, which include consider-
(viii) Questions to determine why the vic- years after the date of enactment of this ation of race, ethnicity, national origin, im-
tim chose to report or not report an incident Act, the Secretary of Education shall pre- migrant status, gender identity, sexual ori-
to the institution or State, local, or campus pare a biennial report on the information entation, ability, disability, socio-economic
law enforcement. gained from the standardized elements of the status, exposure to trauma, and other
(ix) Questions to determine the impact of survey under this section and publish such compounding factors;
domestic violence, dating violence, sexual report in an accessible format on the website (7) solicit periodic input from a diverse
assault, sexual harassment, and stalking on of the Department and submit such report to group of survivors, trauma specialists, advo-
the victim’s education, including diminished Congress. The report shall include campus- cates from national, State, and local anti-
grades, dropped classes, leaves of absence, level data for each school and attributed by sexual violence advocacy organizations, in-
and negative financial consequences (such as name of each campus in a manner that per- stitutions of higher education, and other
costs associated with loss in paid tuition due mits comparisons across schools and cam- public stakeholders;
to leaves of absence, loss in scholarship puses. (8) assess the Department of Education’s
(g) PUBLICATION.—Each institution shall
awards due to diminished grades, and cost ability under section 902 of the Education
publish, in a manner that is readily acces-
associated with counseling, medical services, sible and usable by individuals, including in- Amendments of 1972 (20 U.S.C. 1682) to levy
or housing changes). dividuals with disabilities— intermediate fines for noncompliance with
(x) Questions to determine the impact and (1) the campus-level results of the stand- title IX of the Education Amendments of
effectiveness of prevention and awareness ardized elements of the survey under this 1972 (20 U.S.C. 1681 et seq.) and the advis-
programs and complaints processes. section on the website of the institution and ability of additional remedies for such non-
(xi) Questions to determine attitudes to- in the annual security report required under compliance, in addition to the remedies al-
ward sexual violence and harassment, includ- subsection (f) for the campuses affiliated ready available under Federal law; and
ing the willingness of individuals to inter- with the institution; and (9) create a plan described in subsection
vene as a bystander of sex-based (including (2) the campus-level results of the addi- (c).
sexual orientation-based and gender iden- tional elements modifying the survey by the (b) PERSONNEL DETAILS.—
tity-based), race-based, national origin- institution, if any, on the website of the in- (1) AUTHORITY TO DETAIL.—Notwith-
based, and disability-based discrimination, stitution. standing any other provision of law, the head
harassment, assault, domestic violence, dat- (h) VIOLATION.—Upon a determination pur- of a component of any Federal agency that is
ing violence, sexual assault, sexual harass- suant to section 487(c)(3)(B) of the Higher funded under the Violence Against Women
ment, and stalking. Education Act of 1965 (20 U.S.C. 1094(c)(3)(B)) Act of 1994 (42 U.S.C. 13925 et seq.) may detail
(xii) Other questions, as determined by the that an institution of higher education has an officer or employee of such component to
Secretary of Education. violated or failed to carry out any provision the Task Force on Sexual Violence in Edu-
(3) ADDITIONAL ELEMENTS.—In addition to under this section, the Secretary of Edu- cation or to the Secretary of Education to
the standardized questions developed by the cation shall impose a civil penalty upon the assist the Task Force with the duties de-
Secretary of Education under paragraph (2), institution in the same amount and pursuant scribed in subsection (a), as jointly agreed to
an institution may request additional infor- to the same procedures as a civil penalty is by the head of such component and the Task
mation from students that would increase imposed under section 487(c)(3)(B) of the Force.
the understanding of the institution of Higher Education Act of 1965 (20 U.S.C. (2) BASIS FOR DETAIL.—A personnel detail
school climate factors unique to their cam- 1094(c)(3)(B)).
made under paragraph (1) may be made—
puses. AMENDMENT NO. 34 OFFERED BY MS. SPEIER OF (A) for a period of not more than 3 years;
(4) RESPONSES.—The responses to the sur- CALIFORNIA and
vey questions described in paragraph (2) Page 231, after line 17, insert the following: (B) on a reimbursable or nonreimbursable
shall— basis.
SEC. 1411. TASK FORCE ON SEXUAL VIOLENCE IN
(A) be submitted confidentially; EDUCATION.
(B) not be included in crime statistics; and (c) ADDITIONAL PLAN.—Not later than 90
(a) TASK FORCE ON SEXUAL VIOLENCE IN days after the date on which the Task Force
(C) in the case of such responses being in- EDUCATION.—Not later than September 1,
cluded in a report, shall not include person- on Sexual Violence in Education is estab-
2022, the Secretary of Education, the Sec-
ally identifiable information. lished under subsection (a), the Task Force
retary of Health and Human Services, and
(d) ADMINISTRATION OF SURVEY.— the Attorney General shall establish a joint shall submit to Congress recommendations
(1) FEDERAL ADMINISTRATION.—The Sec- interagency task force to be known as the for recruiting, retaining, and training a
retary of Education, in consultation with the ‘‘Task Force on Sexual Violence in Edu- highly-qualified workforce employed by the
Attorney General, Director of the Centers cation’’ that shall— Department of Education to carry out inves-
for Disease Control, and Secretary of the De- (1) provide pertinent information to the tigation of complaints alleging a violation of
partment of Health and Human Services, Secretary of Education, Attorney General, title IX of the Education Amendments of
shall develop a mechanism by which institu- Congress, and the public with respect to 1972 (20 U.S.C. 1681 et seq.) or section 485(f) of
tions of higher education may, with respect campus sexual violence prevention, inves- the Higher Education Act of 1965 (20 U.S.C.
to the survey tool developed pursuant to this tigations, and responses, including the cre- 1092(f)), and enforcement of such title IX (20
section— ation of consistent, public complaint proc- U.S.C. 1681 et seq.) or such section 485(f) (20
(A) administer such survey tool; and esses for violations of title IX of the Edu- U.S.C. 1092(f)), with respect to sexual vio-
(B) modify such survey tool to include ad- cation Amendments of 1972 (20 U.S.C. 1681 et lence in education. Such plan shall include—
ditional elements or requirements, as deter- seq.) and section 485(f) of the Higher Edu- (1) an assessment to identify current gaps
mined by the institution. cation Act of 1965 (20 U.S.C. 1092(f)); or challenges carrying out such investiga-
(2) COSTS.—The Secretary of Education (2) provide recommendations to edu- tion and enforcement, which may include
may not require an institution of higher edu- cational institutions for establishing sexual surveying current investigative workforce to
cation to pay to modify the survey tool in assault prevention and response teams; solicit feedback on areas in need of improve-
accordance with paragraph (1)(B). (3) develop recommendations for edu- ment;
(3) ACCESSIBILITY.—The Secretary of Edu- cational institutions on providing survivor (2) an examination of issues of recruiting,
cation shall ensure that the survey tool is resources, including healthcare, sexual as- retention, and the professional development
administered in such a way as to be readily sault kits, sexual assault nurse examiners, of such workforce, including the possibility
accessible to and usable by individuals with culturally responsive and inclusive standards of providing retention bonuses or other
disabilities. of care, trauma-informed services, and ac- forms of compensation for the purpose of en-
(4) INSTITUTIONAL ADMINISTRATION.—Begin- cess to confidential advocacy and support suring the Department of Education has the
ning not later than one year after the date services; capacity, in both personnel and skills, need-
on which the Secretary of Education makes (4) develop recommendations in conjunc- ed to properly perform its mission and pro-
available to institutions the mechanism de- tion with student groups at greater statis- vide adequate oversight of educational insti-
scribed in paragraph (1), and every 2 years tical risk of perpetuating rape culture such tutions;
thereafter, each institution shall administer as fraternities and athletic departments for (3) an assessment of the benefits of out-
the survey tool developed pursuant to this best practices for responses and prevention reach and training with both law enforce-
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section. with respect to sexual violence and dating ment agencies and educational institutions
(e) COMPLETED SURVEYS.—The Secretary of violence for educational institutions, taking with respect to such workforce;
Education shall require each institution par- into consideration an institution’s size and (4) an examination of best practices for
ticipating in any program under this title to resources; making educational institutions aware of
ensure, to the maximum extent practicable, (5) develop recommendations for edu- the most effective campus sexual violence
that an adequate, random, and representa- cational institutions on sex education, as ap- prevention, investigation, and response prac-
tive sample size of students (as determined propriate, training for school staff, and var- tices and identifying areas where more re-
by the Secretary) enrolled at the institution ious equitable discipline models; search should be conducted; and
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H1470 CONGRESSIONAL RECORD — HOUSE March 17, 2021
(5) strategies for addressing such other SEC. 708. STUDY ON COSTS OF DIVORCE IN DO- Madam Speaker, this amendment re-
matters as the Secretary of Education con- MESTIC VIOLENCE CASES.
quires the Department of Justice and
siders necessary to sexual violence preven- The Attorney General, in coordination
with the Secretary of Health and Human
the Department of Health and Human
tion, investigation, and responses.
Services, shall— Services to issue guidance on the issues
(d) ANNUAL REPORT.—The Task Force on
Sexual Violence in Education shall report to (1) conduct a study on the direct and col- identified by a Government Account-
Congress on an annual basis, and make pub- lateral economic costs and risks of divorce ability Office report and the use of
licly available, a report of its activities and from an abusive partner to a victim of do- telehealth.
any update of the plan required under sub- mestic violence, including the payment of al- In 2018, the Energy and Commerce
section (c), including the number of com- imony, legal fees, spousal support, or the di- Oversight and Investigations Sub-
plaints received regarding sexual violence vision of property, disaggregated on the committee held an eye-opening hearing
(including violence on the basis of sexual ori- basis of whether the individual has higher on sexual assault forensic examina-
entation and gender identity), the number of earnings than their partner; and tions that highlighted gaps in training
open investigations, the number of com- (2) include recommendations based on the
study conducted under paragraph (1).
and care related to sexual assault fo-
plaints that continued to resolution, the
rensic examinations. The Government
number of complaints resolved using infor- AMENDMENT NO. 39 OFFERED BY MR. TORRES OF
mal resolution, the average time to complete NEW YORK
Accountability Office testified at this
an investigation, the number of investiga- hearing on its 2016 report on sexual as-
Page 231, insert after line 17 the following:
tions initiated based on complaints, and the sault forensic exams, which identified
SEC. 1411. REPORT ON SEXUAL ASSAULT RE-
number of investigations initiated by the De- SPONSE TEAMS AT HOSPITALS. gaps in aspects of performing exams,
partment of Education. In order to be eligible for funds made avail- training, leadership development, ex-
(e) DEFINITIONS.—In this section: able by the Department of Justice under this aminer program sustainability, and
(1) The term ‘‘educational institution’’ in- Act or an amendment made by this Act, a education of community stakeholders.
cludes an institution of higher education, an State or unit of local government shall sub- This amendment is simple, and it is
elementary school, or a secondary school. mit to the Attorney General a report, on an common sense. The Department of Jus-
(2) The terms ‘‘elementary school’’ and annual basis, which contains the following: tice and the Department of Health and
‘‘secondary school’’ have the meanings given (1) The number of hospitals in the jurisdic-
the terms in section 9101 of the Elementary Human Services must issue guidance
tion that have sexual assault response teams
and Secondary Education Act of 1965 (20 on addressing the gaps identified by
(or their equivalent).
U.S.C. 7801). (2) The average response time of each such
GAO.
(3) The term ‘‘institution of higher edu- team in responding to the needs, including In Texas, there have been efforts to
cation’’ has the meaning given the term in the emotional needs, of rape and sexual as- utilize telehealth, including the
section 102 of the Higher Education Act of sault victims in the emergency room. Project ECHO model, to provide sexual
1965 (20 U.S.C. 1002). assault forensic examinations and
AMENDMENT NO. 41 OFFERED BY MS. WILLIAMS
AMENDMENT NO. 35 OFFERED BY MS. SPEIER OF OF GEORGIA training. The nurses involved in these
CALIFORNIA
Page 18, insert after line 23 the following: programs have established their suc-
Page 231, insert after line 17 the following SEC. 6. INCLUSION OF DISPARATE IMPACT IN cess. I am sure States have employed
(and conform the table of contents accord- STUDIES. other useful telehealth models that
ingly): Any study conducted under this Act or an should be further explored as well.
SEC. 1411. SURVIVORS’ BILL OF RIGHTS. amendment made by this Act shall include Madam Speaker, I appreciate that
(a) IN GENERAL.—The Attorney General an assessment, to the extent practicable, of this amendment is endorsed by the
shall make grants to States that have in any disparate impacts of the matter studied, International Association of Forensic
place a law that provides to sexual assault by race, ethnicity, sex, sexual orientation, Nurses, signaling its importance, and I
survivors the rights, at a minimum, under and gender identity.
urge support for this amendment.
section 3772 of title 18, United States Code. The SPEAKER pro tempore. Pursu- Mr. NADLER. Madam Speaker, I
(b) GRANT AMOUNT.—Subject to the avail- ant to House Resolution 233, the gen-
ability of appropriations, a grant to a State
yield 1 minute to the distinguished
tleman from New York (Mr. NADLER) gentleman from Minnesota (Mr. PHIL-
under this section shall be equal to 10 per-
cent of the average of the amount of funding
and the gentlewoman from Minnesota LIPS).
of the 3 most recent awards that the State (Mrs. FISCHBACH) each will control 10 Mr. PHILLIPS. Madam Speaker, I
received under part T of title I of the Omni- minutes. rise today in support of my amendment
bus Crime Control and Safe Streets Act of The Chair recognizes the gentleman and the underlying bill.
1968 (34 U.S.C. 10441 et seq.) (commonly re- from New York. No one—and I mean no one—should
ferred to as the ‘‘STOP Violence Against Mr. NADLER. Madam Speaker, I be forced to stay in an abusive rela-
Women Formula Grant Program’’). yield 30 seconds to the gentleman from tionship because they fear deportation.
(c) APPLICATION.—A State seeking a grant Florida (Mr. CRIST). Under current law, if a woman travels
under this section shall submit an applica-
Mr. CRIST. Madam Speaker, I rise to the United States of America with
tion to the Attorney General at such time, in
such manner, and containing such informa- today in support of my amendment, someone on a temporary visa and that
tion as the Attorney General may reason- based on the bipartisan Documents for relationship turns abusive, they are
ably require, including information about Continued Safety Act that I introduced trapped.
the law described in subsection (a). with Resident Commissioner Gonzalez- My amendment to the Violence
AMENDMENT NO. 37 OFFERED BY MRS. TORRES Colon of Puerto Rico. Against Women Reauthorization Act
OF CALIFORNIA This amendment would allow STOP would create a pilot program for vic-
Add at the end of the bill the following: grants from the Department of Justice tims of domestic abuse to apply for
SEC. 1611. STUDY ON CHILD CUSTODY IN DOMES- to be used to replace vital documents independent immigration status. It is
TIC VIOLENCE CASES. for survivors of domestic violence, free that simple, and it is that important.
The Attorney General, in consultation of cost. Some survivors grab all they Mrs. FISCHBACH. Madam Speaker, I
with the Secretary of Health and Human can when they flee, leaving vital docu- reserve the balance of my time.
Services, shall conduct a study investigating ments behind. Other didn’t have access Mr. NADLER. Madam Speaker, I
whether victims who raise evidence of do- to their vital docs. yield 30 seconds to the gentlewoman
mestic violence are more likely to lose pri- Rebuilding can be tough, but our from New Mexico (Ms. LEGER
mary custody of children to an abusive part- FERNANDEZ).
ner or to the State, including—
amendment will help survivors turn
the page and write a new chapter, on Ms. LEGER FERNANDEZ. Madam
(1) a review of State laws, regulations, and
practices on how child neglect and custody their terms, safe and free. Speaker, in New Mexico, one in three
situations are handled in domestic violence women have experienced domestic vio-
b 1230 lence. We must act swiftly to reauthor-
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situations; and
(2) a list of recommendations on how to re- Mrs. FISCHBACH. Madam Speaker, I ize the Violence Against Women Act.
structure State laws, regulations, and prac- yield 3 minutes to the gentleman from The protections in this bill are a mat-
tices to better protect victims of domestic Texas (Mr. BURGESS). ter of life and death.
violence and their children. Mr. BURGESS. Madam Speaker, I My State has one of the highest sui-
AMENDMENT NO. 38 OFFERED BY MRS. TORRES thank the gentlewoman for yielding. I cide rates. My amendment will help
OF CALIFORNIA do have one of the en bloc amendments prevent suicide among survivors of sex-
Page 158, insert after line 21 the following: at the desk. ual assault.
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1471
It also recognizes that our diverse victims, Madam Speaker, so when you H.R. 1620 will expand and alter the
communities must receive culturally are fleeing your home because your fundamental nature of the Violence
relevant legal aid and outreach pro- name is not on the lease or the mort- Against Women Act by imposing the
grams. gage, we now have provided an expe- trans agenda of putting biological men
Let’s work to end gender-based vio- dited process for you to get housing in women’s shelters and prisons. It
lence in all of our communities. with your children. does more to advance the Democrats’
Mrs. FISCHBACH. Madam Speaker, I We intervene and have cultural sensi- progressive agenda than it does to pro-
reserve the balance of my time. tivity training for men and boys. We tect women who need protection.
Mr. NADLER. Madam Speaker, I have a cultural sensitivity office inside Also concerning is the fact that this
yield 2 minutes to the distinguished the office of domestic violence so that legislation did not undergo committee
gentlewoman from Texas (Ms. JACKSON women of different cultural back- consideration. One would ask: Why
LEE). grounds can be responded to, along not?
Ms. JACKSON LEE. Madam Speaker, with focusing on culturally sensitive There has been no committee hearing
I thank the distinguished chairman for advocacy groups to help those women. for this bill or these en bloc amend-
yielding. Yes, we do prevent a convicted per- ments. Why not?
Madam Speaker, this has been a long son who has perpetrated a stalking or There has been no committee mark-
journey, and I think it is important to sexual assault from getting a gun, but up for this in Congress. Why not?
take note of the many women who this bill is controlled by due process in Rather than rushing to pass this bill,
have helped us and to do this in the the Constitution. we should have taken the time to truly
name of so many women who have lost Let’s pass this bill. Women are wait- examine the issues and determine
their lives. ing. They can’t wait any longer. Men what, if any, additional resources, re-
I take this moment on the floor to are waiting. Many communities are views, or studies are necessary.
support the en bloc amendment but, as waiting. We can’t wait any longer, and We all stand in opposition to any vio-
well, to encourage my colleagues on we must pass this bill to be signed by lence against women. Unfortunately,
the other side of the aisle of how som- the President of the United States. the government lockdowns during the
ber and serious a moment this is that Mr. NADLER. Madam Speaker, may I COVID–19 pandemic resulted in an in-
we do not take lightly to the floor be- ask how much time remains. creased amount of domestic violence,
cause so many of us in our own con- The SPEAKER pro tempore. The gen- increased depression, increased suicide,
gressional districts have seen the tleman from New York has 51⁄2 minutes and increased suffering. We have an ur-
scourge of domestic violence. remaining. The gentlewoman from gent need to address violence against
We have seen the rise in domestic vi- Minnesota has 81⁄2 minutes remaining. women—and we should at all times—
olence in a meteoric manner under Mr. NADLER. Madam Speaker, I re-
but not like this, by changing this so
COVID–19. It is rabid and rampant in serve the balance of my time.
radically and including biological men.
all our cities. Our law enforcement of- Mrs. FISCHBACH. Madam Speaker, I
Madam Speaker, I urge my col-
ficers have told us it is the most dan- yield 3 minutes to the gentlewoman
leagues to oppose these amendments
gerous call that they can possibly from Georgia (Mrs. GREENE).
Mrs. GREENE of Georgia. Madam and the underlying bill, H.R. 1620.
make.
I am particularly concerned about Speaker, I rise in opposition to the 39 Mr. NADLER. Madam Speaker, I
sex trafficking victims, and I am very amendments packed into one little yield 2 minutes to the distinguished
glad the manager’s amendment has grouping called en bloc. gentlewoman from the Virgin Islands
language in there that indicates that The reason why I am opposed is that (Ms. PLASKETT).
sex trafficking victims experience sex- while some of these amendments are Ms. PLASKETT. Madam Speaker, I
ual violence and assault, and that the noble and worthwhile proposals on thank Chairman NADLER for his tire-
Federal recognition of their recovery is their own, they do not outweigh the less work and the work of so many
important. underlying problems of the legislation women of this Caucus, including
We look at all aspects of this impor- or some of the truly bad amendments Speaker PELOSI, to bring this bill to
tant issue in our country. The en bloc in this bloc. fruition and to bring this bill to the
amendment represents Members’ con- These amendments include provi- floor.
cerns for improving the treatment of sions that would further inject identity We know, and we all believe, that vi-
women and men, the LGBTQ commu- politics into the Violence Against olence against women and the support
nity, Native Americans, and immigrant Women Act, which we have heard over necessary to impede that from hap-
women who are culturally diverse. and over in this debate. There are stud- pening is necessary and should be reau-
Madam Speaker, to the 200-plus orga- ies about disparate impacts and meas- thorized.
nizations of the coalition, I want to say ures that unnecessarily differentiate I rise today in strong support of the
thank you to you for advocating with how we treat different groups of people. en bloc amendment. The Nadler
us. Writing this bill in 2018 and never This entire bloc of 39 amendments in- amendment en bloc is the culmination
giving up has been the challenge that I cludes amendments that further en- of a yearslong effort to authorize ex-
have taken up. croach on the affairs of State and local plicit Federal legal action against the
I am very grateful to the many governments by creating new grants nonconsensual disclosure and public
women who have joined me. Even and pilot programs and spending more transmission of intimate visual im-
though it was not passed when there of the American taxpayers’ hard- agery, following the lead of dozens of
was a Republican President, Repub- earned dollars. the States.
lican Senate, and Republican House, One amendment in this bloc is de- Nobody, under any circumstances,
and then it was blocked by the Repub- signed to incentivize States to legalize should have private intimate imagery
lican Senate, we have now come with a prostitution engaged in by minors to shared on the internet without their
fully robust and comprehensive bill help sex trafficking victims. How does consent. The pain that is caused by
that responds to the concerns of those this make any sense? It doesn’t. perpetrators who knowingly share sex-
who cannot help themselves. Of course, we all want to stop sex ually explicit or nude images of some-
The SPEAKER pro tempore. The trafficking, but this proposal has not one without their consent has ruined
time of the gentlewoman has expired. been thought through and could have lives and, in many instances, the lives
Mr. NADLER. Madam Speaker, I disastrous unintended consequences. I of their family as well. It is weaponized
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yield the gentlewoman from Texas an am going to say disastrous con- to humiliate, harass, intimidate, and
additional 1 minute. sequences. even exploit people who are primarily
Ms. JACKSON LEE. Housing and We need to return the Violence women.
other aspects of the provisions that are Against Women Act to its original in- I am proud to support this amend-
in this bill pointedly speak to needs tent that Congress passed in an over- ment that will give prosecutors and
that have been brought to our atten- whelmingly bipartisan manner almost victims important tools to bring per-
tion by victims. This bill deals with 30 years ago. petrators to justice and further deter
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H1472 CONGRESSIONAL RECORD — HOUSE March 17, 2021
offenders from committing such a ter- b 1245 SEC. 11. STUDY CONDUCTED THROUGH THE CEN-
TERS FOR DISEASE CONTROL AND
rible and egregious violation of pri- AMENDMENT NO. 36 OFFERED BY MS. STEFANIK PREVENTION.
vacy. Please approve this amendment Section 402(c) of the Violence Against
The SPEAKER pro tempore. It is now
and let us pass this bill. Women and Department of Justice Reauthor-
Mrs. FISCHBACH. Madam Speaker, I in order to consider amendment No. 36
printed in part B of House Report 117– ization Act of 2005 (42 U.S.C. 280b–4(c)) is
urge opposition to this en bloc amend- amended by inserting after ‘‘for each of the
ment, and I yield back the balance of 12. fiscal years 2014 through 2018’’ the following:
my time. Ms. STEFANIK. Madam Speaker, I ‘‘, and for fiscal year 2022’’.
Mr. NADLER. Madam Speaker, the have an amendment at the desk. SEC. 12. SAVING MONEY AND REDUCING TRAGE-
en bloc amendment includes a number The SPEAKER pro tempore. The DIES THROUGH PREVENTION.
of very important amendments that Clerk will designate the amendment. Section 41303(f) of the Violence Against
make significant improvements to the The text of the amendment is as fol- Women Act of 1994 (34 U.S.C. 12463(f)) is
bill. I appreciate all the Members who lows: amended by inserting after ‘‘for each of fis-
Strike all that follows after the enacting cal years 2014 through 2018’’ the following: ‘‘,
contributed to this en bloc amendment and for fiscal year 2022’’.
clause, and insert the following:
from both sides of the aisle, and I yield SEC. 13. ADDRESSING THE HOUSING NEEDS OF
back the balance of my time. SECTION 1. SHORT TITLE.
VICTIMS OF DOMESTIC VIOLENCE,
Mr. CONNOLLY. Madam Speaker, my This Act may be cited as the ‘‘Violence DATING VIOLENCE, SEXUAL AS-
amendment would strengthen the Sexual As- Against Women Extension Act of 2021’’. SAULT, AND STALKING.
sault Survivors’ Bill of Rights by providing sur- SEC. 2. STOP GRANTS. (a) COLLABORATIVE GRANTS TO INCREASE
vivors the right to be informed of the status Section 1001(a)(18) of the Omnibus Crime THE LONG-TERM STABILITY OF VICTIMS.—Sec-
and location of their sexual assault evidence Control and Safe Streets Act of 1968 (34 tion 41404(i) of the Violence Against Women
U.S.C. 10261(a)(18)), is amended by inserting Act of 1994 (34 U.S.C. 12474(i)) is amended by
collection kit.
after ‘‘for each of fiscal years 2014 through inserting after ‘‘for each of fiscal years 2014
The Survivors’ Bill of Rights was enacted in
2018’’ the following: ‘‘, and for fiscal year through 2018’’ the following: ‘‘, and for fiscal
2016 and provides fundamental protections to 2022’’. year 2022,’’.
survivors, including: the right to receive a free SEC. 3. GRANTS TO ENCOURAGE ARREST POLI- (b) GRANTS TO COMBAT VIOLENCE AGAINST
medical forensic examination; the right to have CIES AND ENFORCEMENT OF PRO- WOMEN IN PUBLIC AND ASSISTED HOUSING.—
a sexual assault kit preserved and to be in- TECTION ORDERS. Section 41405(g) of the Violence Against
formed of any results related to the examina- Section 1001(a)(19) of title I of the Omnibus Women Act of 1994 (34 U.S.C. 12475(g)) is
tion including a DNA profile match or toxi- Crime Control and Safe Streets Act of 1968 amended by inserting after ‘‘for each of fis-
cology reports; the right to be informed of any (34 U.S.C. 10261(a)(19)) is amended by insert- cal years 2014 through 2018’’ the following: ‘‘,
disposal of a kit; and the right to prevent such ing after ‘‘for each of fiscal years 2014 and for fiscal year 2022,’’.
through 2018’’ the following: ‘‘, and for fiscal SEC. 14. NATIONAL RESOURCE CENTER ON
disposal if desired. WORKPLACE RESPONSES TO ASSIST
year 2022’’.
These are important protections that can be VICTIMS OF DOMESTIC AND SEXUAL
SEC. 4. LEGAL ASSISTANCE FOR VICTIMS.
funded through Federal grants made available VIOLENCE.
Section 1201(f)(1) of the Violence Against
through the Victims of Crime Act. Section 41501(e) of the Violence Against
Women Act of 2000 (34 U.S.C. 20121(f)(1)) is
This amendment would add one additional amended by inserting after ‘‘for each of fis-
Women Act of 1994 (34 U.S.C. 12501(e)) is
and critical protection to that bill of rights. amended by inserting after ‘‘for each of fis-
cal years 2014 through 2018’’ the following: ‘‘,
It would entitle survivors to know the status cal years 2014 through 2018’’ the following: ‘‘,
and for fiscal year 2022’’.
and location of their kits, providing greater and for fiscal year 2022’’.
SEC. 5. GRANTS TO SUPPORT FAMILIES IN THE
transparency to how kits are handled and SEC. 15. GRANTS FOR TRIBAL JURISDICTION
JUSTICE SYSTEM.
OVER CRIMES OF DOMESTIC VIO-
tracked by hospitals, forensic professionals, Section 1301(e) of the Violence Against LENCE.
and law enforcement. Women Act of 2000 (34 U.S.C. 12464(e)) is Section 204 of Public Law 90–284 (25 U.S.C.
My home state of Virginia launched just amended by inserting after ‘‘for each of fis- 1301 et seq.) (commonly known as the ‘‘In-
such a tracking program in 2019. cal years 2014 through 2018’’ the following: ‘‘, dian Civil Rights Act of 1968’’) is amended by
In Virginia, each kit has a unique bar code and for fiscal year 2022’’. inserting after ‘‘for each of fiscal years 2014
and each survivor is provided with a PIN that SEC. 6. SEX OFFENDER MANAGEMENT. through 2018’’ the following: ‘‘, and for fiscal
allows them to track the status of their kit on- Section 40152(c) of the Violence Against year 2022,’’.
line. Women Act of 1994 (34 U.S.C. 12311(c)) is SEC. 16. ANALYSIS AND RESEARCH ON VIOLENCE
Privacy concerns are allayed by the fact that amended by inserting after ‘‘for each of fis- AGAINST INDIAN WOMEN.
no personally identifying information is in- cal years 2014 through 2018’’ the following: ‘‘, Section 905(b)(2) of the Violence Against
and for fiscal year 2022’’. Women and Department of Justice Reauthor-
cluded in the tracking system, and it is entirely
SEC. 7. COURT-APPOINTED SPECIAL ADVOCATE ization Act of 2005 (28 U.S.C. 534 note) is
up to the survivor whether or not they want to PROGRAM. amended by inserting after ‘‘for each of fis-
report their assault to law enforcement. Section 219(a) the Crime Control Act of cal years 2014 through 2018’’ the following: ‘‘,
This is a transformative transparency regime 1990 (42 U.S.C. 13014(a)) is amended by insert- and for fiscal year 2022’’.
for a process that has far too long been kept ing after ‘‘for each of fiscal years 2014 SEC. 17. STALKER DATABASE.
in the shadows, which has given rise to back- through 2018’’ the following: ‘‘, and for fiscal Section 40603 of the Violence Against
logs and anxiety among survivors about the year 2022’’. Women Act of 1994 (34 U.S.C. 12402) is amend-
status of their kits and whether they are being SEC. 8. RURAL DOMESTIC VIOLENCE, DATING VI- ed by inserting after ‘‘for fiscal years 2014
used to hold their attackers accountable. OLENCE, SEXUAL ASSAULT, STALK- through 2018’’ the following: ‘‘, and for fiscal
ING, AND CHILD ABUSE ENFORCE-
The amendment is about empowering sur- MENT ASSISTANCE.
year 2022’’.
vivors, and I urge its adoption. Section 40295(e)(1) of the Violence Against
SEC. 18. FEDERAL VICTIM ASSISTANCE REAU-
The SPEAKER pro tempore. Pursu- THORIZATION.
Women Act of 1994 (34 U.S.C. 12341(e)(1)) is
ant to House Resolution 233, the pre- Section 40114 of the Violence Against
amended by inserting after ‘‘for each of fis-
vious question is ordered on the Women Act of 1994 (Public Law 103–322; 108
cal years 2014 through 2018’’ the following: ‘‘,
amendments en bloc offered by the Stat. 1910) is amended by inserting after ‘‘for
and for fiscal year 2022,’’.
each of fiscal years 2014 through 2018’’ the
gentleman from New York (Mr. NAD- SEC. 9. GRANTS FOR ENHANCED TRAINING AND following: ‘‘, and for fiscal year 2022’’.
LER). SERVICES TO END ABUSE LATER IN
LIFE. SEC. 19. GRANTS FOR STRENGTHENING THE
The question is on the amendments HEALTHCARE SYSTEM’S RESPONSE
en bloc. Section 40801(b)(5) of the Violence Against TO DOMESTIC VIOLENCE, DATING
The question was taken; and the Women Act of 1994 (34 U.S.C. 12421(b)(5)) is VIOLENCE, SEXUAL ASSAULT, AND
Speaker pro tempore announced that amended by inserting after ‘‘for each of fis- STALKING.
cal years 2014 through 2018’’ the following: ‘‘, Section 399P(g) of the Public Health Serv-
the ayes appeared to have it.
and for fiscal year 2022’’. ice Act (42 U.S.C. 280g–4(g)) is amended by in-
Mrs. FISCHBACH. Madam Speaker,
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SEC. 10. GRANTS TO COMBAT VIOLENT CRIMES serting after ‘‘for each of fiscal years 2014
on that I demand the yeas and nays. ON CAMPUSES. through 2018’’ the following: ‘‘, and for fiscal
The SPEAKER pro tempore. Pursu- Section 304(e) of the Violence Against year 2022’’.
ant to section 3(s) of House Resolution Women and Department of Justice Reauthor- SEC. 20. TRAINING AND SERVICES TO END VIO-
8, the yeas and nays are ordered. ization Act of 2005 (34 U.S.C. 20125(e)) is LENCE AGAINST PEOPLE WITH INDI-
Pursuant to clause 8 of rule XX, fur- amended by inserting after ‘‘for each of fis- VIDUALS.
ther proceedings on this question are cal years 2014 through 2018’’ the following: ‘‘, Section 1402(e) of division B of the Victims
postponed. and for fiscal year 2022’’. of Trafficking and Violence Protection Act
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1473
of 2000 (34 U.S.C. 20122(e)) is amended by in- own lives and districts have been deep- vivors and have a deep knowledge of
serting after ‘‘for each of fiscal years 2014 ly affected by these issues. VAWA’s programs.
through 2018’’ the following: ‘‘, and for fiscal So, once again, this House, rather Relying in part on their expertise,
year 2022’’.
than pursuing bipartisanship, is again this legislation contains dozens of im-
SEC. 21. SEXUAL ASSAULT SERVICES PROGRAM.
considering a bill that promotes portant improvements to the range of
Section 41601(f)(1) of the Violent Crime
unproven methods of supporting vic- programs contained in VAWA to make
Control and Law Enforcement Act of 1994 (34
U.S.C. 12511(f)(1)) is amended by inserting tims, infringes upon Second Amend- it an even more effective tool in ad-
after ‘‘for each of fiscal years 2014 through ment rights without adequate due dressing domestic violence.
2018’’ the following: ‘‘, and for fiscal year process, and imposes new barriers to But this amendment dismisses the
2022’’. prosecuting domestic violence cases. needs of the victims and survivors
SEC. 22. RAPE SURVIVOR CHILD CUSTODY. My amendment is simple. It provides whose voices were our guide in devel-
Section 409 of the Justice for Victims of a clean extension of the Violence Again oping H.R. 1620. It is shameful.
Trafficking Act of 2015 (34 U.S.C. 21308) is Women Act programs for the upcoming For example, the underlying legisla-
amended by inserting after ‘‘for each of the fiscal year without the controversial tion enhances and expands victims’
fiscal years 2015 through 2019’’ the following: provisions added by Speaker PELOSI. services. It improves the criminal jus-
‘‘, and for fiscal year 2022’’. Most importantly, it will ensure fund- tice response to gender-based violence,
The SPEAKER pro tempore. Pursu- ing for critical programs that fight do- and it expands legal assistance. It
ant to House Resolution 233, the gen- mestic violence and sexual abuse for makes additional investments in pre-
tlewoman from New York (Ms. the American people. A clean extension vention. It improves access to housing
STEFANIK) and a Member opposed each provides us the opportunity to work to- for victims and survivors.
will control 5 minutes. gether to pass a truly bipartisan, long- It ends impunity for non-Native per-
The Chair recognizes the gentle- term reauthorization of the Violence petrators of sexual assault, which has
woman from New York. Against Women Act. gone on for years. Go to the reserva-
Ms. STEFANIK. Madam Speaker, I Madam Speaker, I urge my col- tion of Pueblo, assault a Native Amer-
yield myself such time as I may con- leagues to support this amendment, ican woman, and have no account-
sume. and I reserve the balance of my time. ability.
Madam Speaker, more than one in Ms. JACKSON LEE. Madam Speaker, It supports communities of color and
three women in this country have expe- I claim the time in opposition to the LGBTQ individuals. It protects victims
rienced some form of physical violence amendment. of dating violence and firearm homi-
by their partner; and each year, mil- The SPEAKER pro tempore. The gen- cide. It improves the healthcare sys-
lions of our mothers, sisters, daugh- tlewoman from Texas is recognized for tem’s response to domestic violence,
ters, and friends are victims of domes- 5 minutes. sexual assault, dating violence, and
tic violence and sexual abuse. Ms. JACKSON LEE. Madam Speaker, stalking.
Tragically, new evidence shows that I rise in strong opposition to this But the Stefanik amendment would
lockdowns, social isolation, and eco- amendment. eliminate all of these vital programs.
nomic insecurity caused by the COVID– The gentlewoman is right, her In essence, it would leave women and
19 pandemic has led to a hidden surge amendment is simple. It does nothing. victims helpless and without hope.
in domestic violence and abuse. So It provides no increased funding. It Do not be fooled. This amendment
now, more than ever, we must come to- does not provide for women who are does not demonstrate support for
gether to combat this crisis. desperate—and men and our indigenous VAWA. It demonstrates a lack of com-
In fact, Congress has a history of community—at all. mitment to ensuring that the programs
doing so on a bipartisan basis. The en- Among other things, this amendment contained within VAWA can best serve
actment of the Violence Against would merely extend for 1 year, which and protect the survivors and victims
Women Act in 1994 and the reauthoriza- is disastrous, rather than reauthorize who rely on them.
tions that followed were noncontrover- for 5 years, essentially gutting the Since VAWA’s enactment in 1994,
sial and overwhelmingly bipartisan. bill’s most critical grant programs. Congress has repeatedly enhanced the
Congress worked together to establish Some of the programs left out of this prior versions of the law, including in
a coordinated community response to so-called extension are as follows: reauthorizations in 2000, 2005, and 2013.
support victims and equip the justice Outreach in services to underserved Since the last reauthorization, there
system with the necessary resources to populations; has been an uptick in demand for the
address these heinous crimes. The rape prevention and education essential services under VAWA due to
Yet, in 2019, House Democrats al- grant, $110 million, a 50 percent in- the Me Too movement and women com-
lowed VAWA’s authorization to lapse crease from the existing bill; ing forward out of the shadows.
when they shunned the bipartisan his- Transitional housing assistance There has also been an uptick in vic-
tory of VAWA and advanced a bill grants for VAWA victims. Women flee- tims’ and survivors’ and children’s
filled with controversial provisions, re- ing, men fleeing, victims fleeing, chil- needs for services due to the financial
jecting Republican offers to work in dren fleeing without having housing, strain imposed by the COVID–19 pan-
good faith and prioritize the well-being we expedite that; demic. That is why H.R. 1620 both reau-
of women and children. Authorizing funding for the Tribal thorizes and improves the law. This
At the time, I led the Violence Access Program and; amendment would effectively do nei-
Against Women’s Extension Act of 2019 Child abuse training programs for ju- ther.
to extend the law and provide certainty dicial personnel and practitioners. Victims and survivors deserve better
to victims, survivors, families, and cri- By leaving these programs out, this than this half measure, and they would
sis centers, but House Democrats put amendment fails to recognize the range look to the women of this Congress to
scoring political points ahead of the in- of needs that victims of domestic vio- be sensitive to their plight.
terests of vulnerable women and re- lence, sexual assault, dating violence, Domestic violence providers and sur-
fused our efforts to prevent VAWA’s and stalking violence face. It simply vivors all have spoken loud and clear
programs from going unauthorized. fails the most desperate and needy peo- with hundreds of organizations sup-
This year, here we are again. Demo- ple. porting and endorsing H.R. 1620. They
crats are rushing their controversial This amendment also omits all of the have asked for the underlying bill, not
bill back to the floor, bypassing com- improvements to VAWA that are con- a bait-and-switch that is fatally flawed
SSpencer on DSK126QN23PROD with HOUSE
mittee consideration, and ignoring op- tained in the underlying bill, H.R. 1620, and makes no meaningful improve-
portunities to work with Republicans which is a product of years of consulta- ments to the bill or to the law.
to address the problematic provisions. tion with a range of stakeholders, and Finally, this amendment will not
They have denied new Members the op- the failed efforts of Republicans year help the legislation move in the Sen-
portunity to contribute to the bill, in- after year not to reauthorize. This is ate. We have spoken with the leaders in
cluding a record number of new Repub- built on hard work, many of whom the Senate on both sides of the aisle on
lican women, Representatives whose worked directly in the field with sur- this issue and they agree that we must
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H1474 CONGRESSIONAL RECORD — HOUSE March 17, 2021
improve the Violence Against Women versions of the law, including in reauthoriza- H.R. 1620, the Violence Against Women
Act. It is greatly needed in order to tions in 2000, 2005, and 2013. Since the last Reauthorization Act.
stop the scourge of domestic violence, reauthorization, there has been an uptick in The SPEAKER pro tempore. The
which is surging in our Nation, and not demand for the essential services under Clerk will designate the amendment.
freeze it, as the Stefanik amendment VAWA due to the ‘‘MeToo’’ movement and The text of the amendment is as fol-
would do. women coming forward out of the shadows. lows:
Therefore, I urge opposition to this There has also been an uptick in victims’ and Page 17, line 18, strike ‘‘and’’.
amendment, which would undermine survivors’ needs for services due to the finan- Page 17, strike line 19 through line 2 of
H.R. 1620 and years of work, years of cial strain imposed by the Covid–19 pandemic. page 18 and insert the following:
building on this with so many collabo- (ii) in paragraph (C)(i) by striking ‘‘$20,000
That is why H.R. 1620 both reauthorizes
in Department funds, unless the Deputy At-
rators. I thank our chairman, the many and improves the law. This amendment would torney General’’ and inserting ‘‘$100,000 in
women who helped me with writing effectively do neither. Victims and survivors Department funds, unless the Director or
this legislation, and those who offered deserve better than what this half-measure Principal Deputy Director of the Office on
substantial amendments to improve it, provides. Violence Against Women, the Deputy Attor-
even those in the last Congress. Domestic violence providers and survivors ney General,’’; and
We don’t want to freeze that behavior all have spoken loud and clear with hundreds (iii) by adding at the end the following:
that will be positive. This amendment of organizations endorsing H.R. 1620. They ‘‘(E) INELIGIBILITY.—If the Attorney Gen-
would seriously damage the Violence eral finds that a recipient of grant funds
have asked for the underlying bill, not a bait
Against Women Act. under this Act has fraudulently misused
and switch that is fatally flawed and makes no such grant funds, after reasonable notice and
Madam Speaker, I rise in strong opposition meaningful improvements to the bill or to the opportunity for a hearing, such recipient
to this amendment. law. shall not be eligible to receive grant funds
Madam Speaker, among other things, this Finally, this amendment will not help the under this Act for up to 5 years. A misuse of
amendment would merely extend for one year, legislation move in the Senate. We have spo- grant funds or an error that does not rise to
rather than reauthorize for five years, some of ken with leaders in the Senate on this issue the level of fraud is not grounds for ineligi-
the programs under the Violence Against on both sides of the aisle, and they agree that bility.’’.
Women Act, essentially gutting the bill’s most we must improve the Violence Against Women The SPEAKER pro tempore. Pursu-
critical grant programs. Some of the programs Act, not freeze it as the Stefanik amendment ant to House Resolution 233, the gen-
left out of this so-called extension are: would do. tlewoman from Missouri (Mrs. WAG-
Outreach and services to underserved pop- Therefore, I urge opposition to this amend- NER) and a Member opposed each will
ulations; ment, which would undermine H.R. 1620 and control 5 minutes.
The rape prevention and education grant; The Chair recognizes the gentle-
Transitional housing assistance grants for would seriously damage the Violence Against
Women Act. woman from Missouri.
VAWA victims; Authorizing funding for the Mrs. WAGNER. Madam Speaker, I
Madam Speaker, I yield back the bal-
Tribal Access Program; and yield myself such time as I may con-
Child abuse training programs for judicial ance of my time.
Ms. STEFANIK. Madam Speaker, sume.
personnel and practitioners. Madam Speaker, I believe we have a
By leaving these programs out, this amend- make no mistake, VAWA’s authoriza-
tion lapse last year is due to House sacred responsibility to protect and
ment fails to recognize the range of needs that
Democrats’ choice to ram through empower women, end abuse and as-
victims of domestic violence, sexual assault,
their partisan version of this bill rath- sault, and hold perpetrators of violence
dating violence, and stalking face.
This amendment also omits all of the im- er than work on a bipartisan basis. against women accountable for their
provements to VAWA that are contained in the When my colleague across the aisle crimes.
underlying bill. H.R. 1620 is the product of talks about conversations with the However, we need to be sure that our
years of consultation with a range of stake- Senate, we know last year that there efforts are effective. The Department
holders, many of whom work directly in the were no effective bipartisan conversa- of Justice inspector general has con-
field with survivors and have a deep knowl- tions with the Senate, which is why sistently revealed fraudulent and
edge of VAWA’s programs. they didn’t take up the Democrats’ wasteful uses of VAWA grant funds.
Relying in part on their expertise, this legis- partisan version. Congress should demand accountability
lation contains dozens of important improve- My amendment is a clean extension so that every dollar marked for helping
ments to the range of programs contained in of VAWA. It ensures that there is cer- victims and preventing violence
VAWA to make it an even more effective tool tainty and funding for these programs. against women actually goes to help
in addressing domestic violence. But this I urge my colleagues to vote ‘‘yes’’ for the most vulnerable.
amendment dismisses the needs of the vic- this amendment. My commonsense amendment would
tims and survivors whose voices were our Madam Speaker, I yield back the bal- prevent those who commit fraud and
guide in developing H.R. 1620. ance of my time. misuse from receiving VAWA funds.
For example, the underlying legislation en- The SPEAKER pro tempore. Pursu- Madam Speaker, they are stealing
hances and expands victims’ services; it im- ant to House Resolution 233, the pre- from the victims that they are sup-
proves the criminal justice response to gen- vious question is ordered on the posed to be helping by these efforts and
der-based violence and expands legal assist- amendment offered by the gentle- should face the consequences.
ance; it makes additional investments in pre- woman from New York (Ms. STEFANIK). Democrats and Republicans should
vention; it improves access to housing for vic- The question is on the amendment. agree that this amendment will ad-
tims and survivors; and it ends impunity for The question was taken; and the vance prevention efforts and victim
non-Native perpetrators of sexual assault. Speaker pro tempore announced that services. I urge my colleagues on both
It supports communities of color and the noes appear to have it. sides of the aisle to support my amend-
LGBTQ individuals; it protects victims of dating Ms. STEFANIK. Mr. Speaker, on that ment.
violence from firearm homicide; and it im- I demand the yeas and nays. Madam Speaker, however, I want to
proves the healthcare system’s response to The SPEAKER pro tempore. Pursu- take this opportunity to touch on
domestic violence, sexual assault, dating vio- ant to section 3(s) of House Resolution something that is even more impor-
lence, and stalking. 8, the yeas and nays are ordered. tant. I am ashamed that Democrats
But the Stefanik Amendment would elimi- Pursuant to clause 8 of rule XX, fur- would bring this legislation to the floor
nate all of these vital provisions. Do not be ther proceedings on this question are without my amendment that would
fooled—this amendment does not demonstrate postponed. allow sex trafficking victims to receive
SSpencer on DSK126QN23PROD with HOUSE
support for VAWA, it demonstrates a lack of AMENDMENT NO. 40 OFFERED BY MRS. WAGNER grant funding through the Creating
commitment to ensuring that the programs The SPEAKER pro tempore. It is now Hope Through Outreach, Options, Serv-
contained within VAWA can best serve and in order to consider amendment No. 40 ices, and Education for Children and
protect the survivors and victims who rely on printed in part B of House Report 117– Youth program.
them. 12. My amendment was removed,
Since VAWA’s enactment in 1994, Con- Mrs. WAGNER. Madam Speaker, I stripped in a partisan fashion from
gress has repeatedly enhanced the prior rise to offer my amendment No. 40 to VAWA this Congress, stripping vital
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March 17, 2021 CONGRESSIONAL RECORD — HOUSE H1475
sex trafficking funding for victims and b 1300 Then I am as concerned about sex
children. Mrs. WAGNER. Madam Speaker, I trafficking as my good friend is. I have
Also not allowed, Madam Speaker, yield myself the balance of my time. worked on this legislation. As a former
was my amendment that bans the hor- In closing, this amendment will im- member of the Houston Area Women’s
rors of sex-selection abortions that prove the underlying bill. Center, I am also well aware of the cri-
have killed millions of girls around the I urge my colleagues to vote ‘‘yes’’ sis as it relates to the need for this bill.
world and right here in the United on this amendment, and join me, along But in the manager’s amendment, we
States. It is an unthinkable tragedy with the Department of Justice and the do have language that says that we
that little girls are targeted for death inspector general, to make sure that should have a placeholder for sex traf-
even before they are born solely be- we are preventing fraud and abuse in ficking victims who experience sexual
cause of their sex, and I am grieved these grant programs and making sure violence and assault; that the Federal
that Democrats would not allow a vote that every dollar marked for helping recognition of their recovery is impor-
on this basis to protect unborn girls. victims and preventing violence tant.
These two amendments are at the against women actually goes to help Throughout this bill, there are provi-
very core of what it means to protect sions that will help individuals who are
the most vulnerable.
women and girls, and I am outraged Nevertheless, Madam Speaker, the sex-trafficked. We have that in the bill
that Democrats have chosen to move underlying bill neglects to give traf- in relationship to the particular ac-
forward in a partisan manner without ficking victims and children the re- tions that are generated if you are sex-
these critical provisions. sources they need and was purposefully ually assaulted while you are sex-traf-
Madam Speaker, I urge my col- ficked.
stripped from this partisan piece of leg-
leagues to support my amendment, and So we know that this bill is sensitive.
islation.
I reserve the balance of my time. There is more that can be done. We
Mr. NADLER. Madam Speaker, I Madam Speaker, I oppose H.R. 1620,
and I yield back the balance of my look forward to a freestanding bill that
claim the time in opposition to this
time. deals in specifics, as we have done in
amendment.
The SPEAKER pro tempore. The gen- Mr. NADLER. Madam Speaker, I the past.
tleman from New York is recognized yield the balance of my time to the I held the first hearing in my con-
for 5 minutes. gentlewoman from Texas (Ms. JACKSON gressional district on human traf-
Mr. NADLER. Madam Speaker, I rise LEE). ficking. I have worked with advocates
in reluctant opposition to this amend- Ms. JACKSON LEE. Madam Speaker, and continue to work with them, and
ment. may I inquire as to the amount of time so I take issue that this bill is not sen-
While I believe it is well-intentioned, remaining? sitive to sex-trafficked individuals, and
and we all want to prevent the misuse The SPEAKER pro tempore. The gen- I look forward to working with the
of Federal funds, I am concerned about tleman from New York has 31⁄4 minutes gentlewoman as we look forward to ex-
the effect that it may have on small remaining. panded resources and expanded re-
service providers that provide crucial Ms. JACKSON LEE. Madam Speaker, sponse to those who have been sex-traf-
services to victims and survivors. let me acknowledge the leadership of ficked and human-trafficked, because
It is also unnecessary since the un- the gentlewoman who has offered this that scourge continues.
derlying bill maintains existing ac- amendment and the opportunities that This legislation responds to those
countability measures, which have we have had to work together. I look like that woman in my district who
proven to work very well. forward to working with her going for- lost her life in the days after Christmas
This amendment imposes a manda- ward. and had her son shot at by her hus-
tory bar on receiving grant funds up to I have also worked with, over the band. We pay tribute to her. I ask my
5 years if the grant recipient is found years—really starting from the time colleagues to vote against this amend-
to have fraudulently misused such that I stood alongside of then-Senator ment.
grant funds. Smaller providers, many Joe Biden as this bill was presented for Mr. NADLER. Madam Speaker, I
of whom are run on a voluntary basis, reauthorization. It went all the way yield back the balance of my time.
are more likely to make financial er- through my time on the Judiciary SPEAKER pro tempore. Pursuant to
rors because they lack the accounting, Committee and the writing of this bill House Resolution 233, the previous
financial, and compliance expertise in 2018, when, unfortunately, there was question is ordered on the amendment
that larger organizations have. no effort by the Judiciary Committee offered by the gentlewoman from Mis-
Many of these small providers are to put this bill forward for a hearing, souri (Mrs. WAGNER).
culturally specific, rural, and Tribal there was no effort by the Senate Re- The question is on the amendment.
programs that play a crucial role in publicans, and no effort by the Repub- The question was taken; and the
their communities. Banning such lican President in 2018 to do anything Speaker pro tempore announced that
groups from receiving funding for 5 about the scourge of violence against the noes appear to have it.
years in these circumstances could women and men and many groups. Mrs. WAGNER. Madam Speaker, on
have an unnecessarily punitive effect I have worked with the 200-plus orga- that I demand the yeas and nays.
and could be detrimental to the vic- nizations that are involved in the coa- The SPEAKER pro tempore. Pursu-
tims and survivors who rely on them. lition that stand against sexual assault ant to section 3(s) of House Resolution
For many small service providers and rape and stalking and domestic vi- 8, the yeas and nays are ordered.
who rely on Federal funds to support olence. They are in many different cat- Pursuant to clause 8 of rule XX, fur-
their operations, such a severe penalty, egories and sizes, but they are vital in ther proceedings on this question are
or even the threat of one, could make their service. postponed.
a difference between continuing to I am concerned that this amendment Pursuant to clause 1(c) of rule XIX,
serve victims and survivors in need and would undermine those smaller organi- further consideration of H.R. 1620 is
shutting their doors forever. zations, who are unique in their service postponed.
Accountability is vital in all forms, that they provide. They are in places f
and I appreciate the spirit behind this where large organizations may not be.
amendment; but, for these providers, I They are working with indigenous pop- REMOVING THE DEADLINE FOR
fear it could end up doing more harm ulations, Native Americans, immigrant THE RATIFICATION OF THE
than good. It is because of these con- women, LGBTQ. They are saving lives. EQUAL RIGHTS AMENDMENT
SSpencer on DSK126QN23PROD with HOUSE
cerns that this amendment is opposed People of color, Hispanic, African The SPEAKER pro tempore. Pursu-
by the National Network to End Do- American, we have a very sizeable por- ant to clause 8 of rule XX, the unfin-
mestic Violence, among other organi- tion of them and in this legislation, we ished business is the vote on passage of
zations, and I must reluctantly oppose are reaching out to people who cannot the joint resolution (H.J. Res. 17) re-
the amendment as well. respond and help themselves; housing moving the deadline for the ratifica-
Madam Speaker, I reserve the bal- provisions, in case you have to flee, ex- tion of the equal rights amendment, on
ance of my time. pediting your ability to get housing. which the yeas and nays were ordered.
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