Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696585007698.pdf (United States)
IIB 117TH CONGRESS 2D SESSION H. R. 1620 IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Received MAY 24, 2022 Read twice and referred to the Committee on the Judiciary AN ACT To reauthorize the Violence Against Women Act of 1994, and for other purposes.
1 2 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Violence Against Women Act Reauthorization Act of 2021’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec.

1.

Short title; table of contents.

Sec.

2.

Universal definitions and grant conditions.

Sec.

3.

Agency and Department Coordination.

Sec.

4.

Effective date.

Sec.

5.

Availability of funds.

Sec.

6.

Sense of Congress.

Sec.

7.

Inclusion of disparate impact in studies.

TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec.

101.

Stop grants.

Sec.

102.


Grants to encourage improvements and alternatives to the criminal justice response.

Sec.

103.

Legal assistance for victims.

Sec.

104.

Grants to support families in the justice system.

Sec.

105.

Outreach and services to underserved populations grants.

Sec.

106.

Criminal provisions.

Sec.

107.

Rape survivor child custody.

Sec.

108.

Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking.

Sec.

109.
Sec.

109.

Grants for lethality assessment programs authorization.

TITLE II—IMPROVING SERVICES FOR VICTIMS Sec.

201.

Sexual assault services program.

Sec.

202.

Sexual Assault Services Program.

Sec.

203.

Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program.

Sec.

204.

Grants for training and services to end violence against people with disabilities and Deaf people.

Sec.

205.

Training and services to end abuse in later life.

Sec.
Sec.

206.

Demonstration program on trauma-informed, victim-centered training for law enforcement.

Sec.

207.

Authorization of the FAST Initiative.

Sec.

208.

Lesbian, Gay, Bisexual, and Transgender Specific Services Program.

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS Sec.

301.

Rape prevention and education grant.

Sec.

302.

Creating hope through outreach, options, services, and education (CHOOSE) for children and youth.

Sec.

303.

Grants to combat violent crimes on campuses.


 HR 1620 RFS TITLE IV—VIOLENCE REDUCTION PRACTICES Sec.

401.

Study conducted by the Centers for Disease Control and Prevention.

Sec.

402.

Saving Money and Reducing Tragedies (SMART) through Prevention grants.

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE Sec.

501.
501.

Grants to strengthen the healthcare systems response to domestic vio- lence, dating violence, sexual assault, and stalking.

Sec.

502.

Maternal mortality or morbidity study.

TITLE VI—SAFE HOMES FOR VICTIMS Sec.

601.

Housing protections for victims of domestic violence, dating violence, Sec.

602.

Ensuring compliance and implementation; prohibiting retaliation sexual assault, and stalking.

against victims.

Sec.

603.

Protecting the right to report crime from one’s home.

Sec.

604.
Sec.

604.

Transitional housing assistance grants for victims of domestic vio- lence, dating violence, sexual assault, or stalking.

Sec.

605.

Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.

Sec.

606.

United States Housing Act of 1937 amendments.

TITLE VII—ECONOMIC SECURITY FOR VICTIMS Sec.

701.

Findings.

Sec.

702.

National Resource Center on workplace responses to assist victims of domestic and sexual violence.

Sec.

703.
Sec.

703.

Provisions related to Unemployment Compensation and the Tem- porary Assistance for Needy Families Program.

Sec.

704.

Study and reports on barriers to survivors’ economic security access.

Sec.

705.

GAO Study.

Sec.

706.

Education and information programs for survivors.

Sec.

707.

Severability.

Sec.

708.

Study on costs of divorce in domestic violence cases.

TITLE VIII—HOMICIDE REDUCTION INITIATIVES Sec.

801.
801.

Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders.

Sec.

802.

Prohibiting stalkers and individuals subject to court order from pos- sessing a firearm.

TITLE IX—SAFETY FOR INDIAN WOMEN Sec.

901.

Findings and purposes.

Sec.

902.

Authorizing funding for the Tribal access program.

Sec.

903.
Sec.

903.

Tribal jurisdiction over covered crimes of domestic violence, dating vi- olence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or correc- tions officer.

TITLE X—OFFICE ON VIOLENCE AGAINST WOMEN Sec.

1001.

Establishment of Office on Violence Against Women.


 HR 1620 RFS Sec.

1002.

Office on Violence Against Women a Deputy Director for Culturally Specific Communities.

TITLE XI—IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY Sec.

1101.
1101.

Improving the treatment of primary caretaker parents and other in- dividuals in federal prisons.

Sec.

1102.

Public health and safety of women.

Sec.

1103.

Research and report on women in federal incarceration.

Sec.

1104.

Reentry planning and services for incarcerated women.

TITLE XII—LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY Sec.

1201.

Notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm.

Sec.

1202.
Sec.

1202.

Reporting of background check denials to state, local, and Tribal au- thorities.

Sec.

1203.

Special assistant U.S. attorneys and cross-deputized attorneys.

Sec.

1204. Review on Native American interactions with law enforcement.

TITLE XIII—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE Sec.

1301.

Short title.

Sec.

1302.

Prohibition on engaging in sexual acts while acting under color of law.

Sec.

1303.

Incentives for States.

Sec.

1304.

Reports to Congress.

Sec.

1305.

Definition.


TITLE XIV—OTHER MATTERS Sec.

1401.

National stalker and domestic violence reduction.

Sec.

1402.

Federal victim assistants reauthorization.

Sec.

1403.

Child abuse training programs for judicial personnel and practi- tioners reauthorization.

Sec.

1404.

Sex offender management.

Sec.

1405.

Court-appointed special advocate program.

Sec.

1406.

Sexual assault forensic exam program grants.

Sec.

1406A.
Sec.

1406A.

Strategies to improve coordination of sexual assault forensic nurse exam training and program sustainability.

Sec.

1407. Review on link between substance use and victims of domestic vio- lence dating violence, sexual assault, or stalking.

Sec.

1408.

Interagency working group to study Federal efforts to collect data on sexual violence.

Sec.

1409.

National Domestic Violence Hotline.

Sec.

1410.


Deputy Assistant Attorney General on Culturally Specific Commu- nities within the Office of Justice Programs.

Sec.

1411.

National resource center on workplace responses to assist victims of domestic and sexual violence assistance for microbusinesses.

Sec.

1412.

Civil action relating to disclosure of intimate images.

Sec.

1413.

Certain activities relating to intimate visual depictions.

Sec.

1414.

Task force on sexual violence in education.

Sec.


1415.

Survivors’ bill of rights.

Sec.

1416.

Report on sexual assault response teams at hospitals.

 HR 1620 RFS TITLE XV—CYBERCRIME ENFORCEMENT Sec.

1501.

Local law enforcement grants for enforcement of cybercrimes.

Sec.

1502.

National Resource Center Grant.

Sec.

1503.


National strategy, classification, and reporting on cybercrime.

TITLE XVI—KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE Sec.

1601.

Short title.

Sec.

1602.

Findings.

Sec.

1603.

Purposes.

Sec.

1604.

Definition of covered formula grant.

Sec.

1605.

Increased funding for formula grants authorized.

Sec.

1606.

Application.

Sec.

1607.

Rule of construction.

Sec.

1608.

Grant term.

Sec.

1609.

Uses of funds.

Sec.

1610.


Authorization of appropriations.

Sec.

1611.

Sexual assault survivors’ rights.

Sec.

1612.

Grants to State and Tribal courts to implement protection order pilot programs.

Sec.

1613.

Online survey tool for campus safety.

Sec.

1614.

Study on child custody in domestic violence cases.

TITLE XVII—PROTECTIONS FOR CERTAIN IMMIGRANT WOMEN Sec.

1701.

Pilot program to provide additional protections.

SEC.

2.

UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.


Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291) is amended— (1) in subsection (a)— (A) by striking ‘‘In this title’’ and insert- ing ‘‘In this title, and for the purpose of all grants authorized under this title’’; (B) by striking paragraph (5) and insert- ing the following new paragraph: ‘‘(5) COURT-BASED AND COURT-RELATED PER- SONNEL.—The terms ‘court-based personnel’ and ‘court-related personnel’ mean persons working in the court, whether paid or volunteer, including— HR 1620 RFS ‘‘(A) clerks, special masters, domestic rela- tions officers, administrators, mediators, cus- tody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, vic- tim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; ‘‘(B) court security personnel; ‘‘(C) personnel working in related, supple- mentary offices or programs (such as child sup- port enforcement); and ‘‘(D) any other court-based or community- based personnel having responsibilities or au- thority to address domestic violence, dating vio- lence, sexual assault, or stalking in the court system.’’; (C) by striking paragraph (8) and insert- ing the following new paragraph: ‘‘(8) DOMESTIC VIOLENCE.—The term ‘domes- tic violence’ means a pattern of behavior involving the use or attempted use of physical, sexual, verbal, psychological, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, by a person who— HR 1620 RFS 19
j ‘‘(A) is a current or former spouse or dat- ing partner of the victim, or other person simi- larly situated to a spouse of the victim; ‘‘(B) is cohabitating with or has cohabitated with the victim as a spouse or dat- ing partner; ‘‘(C) shares a child in common with the victim; ‘‘(D) is an adult family member of, or paid or nonpaid caregiver in an ongoing relationship of trust with, a victim aged 50 or older or an adult victim with disabilities; or ‘‘(E) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the ju- risdiction.’’; (D) in paragraph (9)— (i) by striking ‘‘consideration of’’ and inserting ‘‘consideration of one or more of the following factors’’; (ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; (iii) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; and HR 1620 RFS (iv) by inserting the following new subparagraph: ‘‘(D) the cultural context of the relation- ship.’’; (E) in the matter following paragraph (9), by inserting the following: ‘‘Sexual contact is not a necessary component of such a relationship.’’; (F) in paragraph (10)— (i) by striking ‘‘person—’’ and insert- ing ‘‘dating partner.’’; and (ii) by striking subparagraphs (A) and (B); (G) by striking paragraphs (11) and (12); (H) by striking paragraph (19) and insert- ing the following new paragraph: ‘‘(19) LEGAL ASSISTANCE.— ‘‘(A) The term ‘legal assistance’ means as- sistance provided by or under the direct super- vision of a person described in subparagraph (B) to a person described in subparagraph (C) relating to a matter described in subparagraph (D).
‘‘(B) A person described in this subpara- graph is— HR 1620 RFS ‘‘(i) a licensed attorney; ‘‘(ii) in the case of an immigration proceeding, a Board of Immigration Ap- peals accredited representative; ‘‘(iii) in the case of legal services pro- vided at a facility operated by the Depart- ment of Veterans Affairs, a representative authorized by the Secretary who is pro- viding legal services in connection with medical services, and other unmet legal needs, such as issues related to child cus- tody, elder law, and landlord-tenant dis- putes; or ‘‘(iv) any person who functions as an attorney or lay advocate in a Tribal court.
‘‘(C) A person described in this subpara- graph is an adult or youth victim of domestic violence, dating violence, sexual assault, or stalking.
‘‘(D) A matter described in this subpara- graph is a matter related to— ‘‘(i) divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, hous- ing, campus, education, healthcare, pri- HR 1620 RFS vacy, contract, consumer, civil rights, pro- tection or order or other injunctive pro- ceedings, related enforcement proceedings, and other similar matters; ‘‘(ii) criminal justice investigations, prosecutions and post-conviction matters (including sentencing, parole, probation, and vacatur or expungement) that impact the victim’s safety, privacy, or other inter- ests as a victim; or ‘‘(iii) alternative dispute resolution, restorative practices, or other processes in- tended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement.
For purposes of this paragraph, intake or refer- ral, by itself, does not constitute legal assist- ance.’’; (I) in paragraph (39)— (i) by inserting ‘‘who cannot access, or’’ before ‘‘who face barriers’’; (ii) by striking ‘‘and using victim services’’ and inserting ‘‘, using, or receiv- ing appropriate victim services’’; and HR 1620 RFS 11 (iii) by striking ‘‘alienage’’ and insert- ing ‘‘immigration’’; and (J) by adding at the end the following new paragraphs: ‘‘(46) ABUSE IN LATER LIFE.—The term ‘abuse in later life’— ‘‘(A) means— ‘‘(i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing re- lationship of trust with the victim; or ‘‘(ii) domestic violence, dating vio- lence, sexual assault, or stalking of an adult aged 50 or older by any individual; and ‘‘(B) does not include self-neglect.
‘‘(47) RESTORATIVE PRACTICE.—The term ‘re- storative practice’ means a process, whether court- referred or community-based, that— ‘‘(A) involves, on a voluntary basis, and to the extent possible, those who have committed a specific offense and those who have been harmed as a result of the offense, as well as the affected community; HR 1620 RFS 12 ‘‘(B) has the goal of collectively seeking ac- countability from the accused, and developing a process whereby the accused will take responsi- bility for his or her actions, and a plan for pro- viding relief to those harmed, through allocu- tion, restitution, community service or other processes upon which the victim, the accused, the community, and the court (if court-referred) can agree; ‘‘(C) is conducted in a framework that pro- tects victim safety and supports victim auton- omy; and ‘‘(D) includes protocols to address the use of information disclosed during such process for other law enforcement purposes.
‘‘(48) DIGITAL SERVICES.—The term ‘digital services’ means services, resources, information, sup- port or referrals provided through electronic commu- nications platforms and media, whether via mobile device technology, video technology, or computer technology, including utilizing the internet, as well as any other emerging communications technologies that are appropriate for the purposes of providing services, resources, information, support, or referrals HR 1620 RFS 13 for the benefit of victims of domestic violence, dating violence, sexual assault, or stalking.
‘‘(49) ECONOMIC ABUSE.—The term ‘economic abuse’, in the context of domestic violence, dating vi- olence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or re- strains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, in- cluding using coercion, fraud, or manipulation to— ‘‘(A) restrict a person’s access to money, assets, credit, or financial information; ‘‘(B) unfairly use a person’s personal eco- nomic resources, including money, assets, and credit, for one’s own advantage; or ‘‘(C) exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other fi- nancial obligations, exploiting powers of attor- ney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.
‘‘(50) INTERNET ENABLED DEVICE.—The term ‘internet enabled device’ means devices that have a connection the Internet, send and receive informa- tion and data, and may be accessed via mobile device HR 1620 RFS 14 technology, video technology, or computer tech- nology, away from the location where the device is installed, and may include home automation sys- tems, door locks, and thermostats.
‘‘(51) TECHNOLOGICAL ABUSE.—The term ‘technological abuse’ means an act or pattern of be- havior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that oc- curs using any form of information technology, in- cluding: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging platforms, apps, location tracking devices, communication technologies, or any other emerging technologies.
‘‘(52) FEMALE GENITAL MUTILATION.—The term ‘female genital mutilation’ has the meaning given such term in section 116 of title 18, United States Code.

‘‘(53) ELDER ABUSE.—The term ‘elder abuse’ has the meaning given that term in section 2 of the Elder Abuse Prevention and Prosecution Act.
The terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the HR 1620 RFS 15 meanings given those terms in section 2011 of the Social Security Act (42 U.S.C.

1397j).
1397j).

‘‘(54) FORCED MARRIAGE.—The term ‘forced marriage’ means a marriage to which one or both parties do not or cannot consent, and in which one or more elements of force, fraud, or coercion is present.

Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking.
‘‘(55) HOMELESS.—The term ‘homeless’ has the meaning given such term in section 41403(6).’’; (2) in subsection (b)— (A) in the matter before paragraph (1), by inserting ‘‘For the purpose of all grants author- ized under this title:’’; (B) in paragraph (2), by inserting after subparagraph (G) the following: ‘‘(H) DEATH OF THE PARTY WHOSE PRI- VACY HAD BEEN PROTECTED.—In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, such requirement shall continue to apply, and the right to authorize release of any confidential or protected information be vested in the next of kin, except that consent HR 1620 RFS for release of the deceased victim’s information may not be given by a person who had per- petrated abuse against the deceased victim.
‘‘(I) USE OF TECHNOLOGY.—Grantees and subgrantees may use telephone, internet, and other technologies to protect the privacy, loca- tion and help-seeking activities of victims using services.
Such technologies may include— ‘‘(i) software, apps or hardware that block caller ID or conceal IP addresses, in- cluding instances in which victims use dig- ital services; or ‘‘(ii) technologies or protocols that in- hibit or prevent a perpetrator’s attempts to use technology or social media to threaten, harass or harm the victim, the victim’s family, friends, neighbors or co-workers, or the program providing services to them.’’; (C) in paragraph (3), by inserting after ‘‘designed to reduce or eliminate domestic vio- lence, dating violence, sexual assault, and stalk- ing’’ the following: ‘‘, provided that the con- fidentiality and privacy requirements of this title are maintained, and that personally identi- fying information about adult, youth, and child HR 1620 RFS victims of domestic violence, dating violence, sexual assault and stalking is not requested or included in any such collaboration or informa- tion-sharing’’; (D) in paragraph (6), by adding at the end the following: ‘‘Such disbursing agencies must ensure that the confidentiality and privacy re- quirements of this title are maintained in mak- ing such reports, and that personally identifying information about adult, youth and child vic- tims of domestic violence, dating violence, sex- ual assault and stalking is not requested or in- cluded in any such reports.’’; (E) in paragraph (8), by striking ‘‘under this title’’ and inserting ‘‘under this title.
In this title, including for the purpose of grants authorized under this title, the term ‘violent crimes against women’ includes violent crimes against a person of any gender.’’; (F) in paragraph (11), by adding at the end the following: ‘‘The Office on Violence Against Women shall make all technical assist- ance available as broadly as possible to any ap- propriate grantees, subgrantees, potential grantees, or other entities without regard to HR 1620 RFS whether the entity has received funding from the Office on Violence Against Women for a particular program or project.’’; (G) in paragraph (13)— (i) in subparagraph (A)— (I) by inserting after ‘‘the Vio- lence Against Women Reauthorization Act of 2013’’ the following: ‘‘(Public Law 113–4; 127 Stat.
54)’’; and (II) by striking ‘‘the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat.
3080), the Violence Against Women Reauthorization Act of 2013, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance ad- ministered by the Office on Violence Against Women’’ and inserting ‘‘the Violence Against Women and Depart- ment of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat.
3080), the Violence Against HR 1620 RFS Women Reauthorization Act of 2013, the Violence Against Women Act Re- authorization Act of 2021, and any other program or activity funded in whole or in part with funds appro- priated for grants, cooperative agree- ments, and other assistance adminis- tered by the Office on Violence Against Women’’; and (ii) in subparagraph (C), by striking ‘‘section 3789d of title 42, United States Code’’ and inserting ‘‘section 809 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10228)’’; (H) in paragraph (14)— (i) by inserting after ‘‘are also victims of’’ the following: ‘‘forced marriage, or’’; and (ii) by inserting ‘‘, and includes serv- ices and assistance to adult survivors of child sexual assault’’ before the period at the end; (I) by striking paragraph (15); and (J) in paragraph (16)— HR 1620 RFS (i) by striking paragraph (A)(iii) and inserting the following new clause: ‘‘(iii) TECHNICAL ASSISTANCE.—A re- cipient of grant funds under this Act that is found to have an unresolved audit find- ing shall be eligible to receive prompt, indi- vidualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the fol- lowing 2 fiscal years.’’; (ii) in paragraph (C)(i) by striking ‘‘$20,000 in Department funds, unless the Deputy Attorney General’’ and inserting ‘‘$100,000 in Department funds, unless the Director or Principal Deputy Director of the Office on Violence Against Women, the Deputy Attorney General,’’; and (iii) by adding at the end the fol- lowing: ‘‘(E) INELIGIBILITY.—If the Attorney General finds that a recipient of grant funds under this Act has fraudulently misused such grant funds, after reasonable notice and oppor- tunity for a hearing, such recipient shall not be eligible to receive grant funds under this Act HR 1620 RFS 21 for up to 5 years.
A misuse of grant funds or an error that does not rise to the level of fraud is not grounds for ineligibility.’’.

SEC.

3.

AGENCY AND DEPARTMENT COORDINATION.


The heads of Executive Departments responsible for carrying out this Act are authorized to coordinate and col- laborate on the prevention of domestic violence, dating vio- lence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the Govern- 11 ment.

12 SEC.

4.

EFFECTIVE DATE.
4.

EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this Act and the amendments made by this Act shall not take effect until October 1 of the first fiscal year be- ginning after the date of enactment of this Act.

(b) EFFECTIVE ON DATE OF ENACTMENT.—Sections 106, 107, 205, 304, 606, 702, 801, 802, 903, and 1406 and any amendments made by such sections shall take ef- fect on the date of enactment of this Act.

SEC.

5.

AVAILABILITY OF FUNDS.


Any funds appropriated pursuant to an authorization of appropriations under this Act or an amendment made by this Act shall remain available until expended.

 HR 1620 RFS 22 SEC.

6.

SENSE OF CONGRESS.


It is the sense of Congress— (1) that sex trafficking victims experience sex- ual violence and assault; and (2) that Federal recognition of their recovery is important.

SEC.

7.

INCLUSION OF DISPARATE IMPACT IN STUDIES.

Any study conducted under this Act or an amend- ment made by this Act shall include an assessment, to the extent practicable, of any disparate impacts of the matter studied, by race, ethnicity, sex, sexual orientation, and gender identity.
TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMES- TIC VIOLENCE, DATING VIO- LENCE, SEXUAL ASSAULT, AND STALKING SEC.

101.

STOP GRANTS.

(a) IN GENERAL.—Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

1 10441 et seq.)
is amended— 22 23 24 25 (1) in section 2001(b)— (A) in paragraph (3)— (i) by striking ‘‘prosecution policies’’ and inserting ‘‘prosecution policies, such as HR 1620 RFS implementing a vertical prosecution sys- tem,’’; and (ii) by inserting before the semicolon at the end the following: ‘‘including imple- mentation of the non-discrimination re- quirements in section 40002(b)(13) of the Violence Against Women Act of 1994’’; (B) in paragraph (5), by inserting ‘‘and legal assistance’’ after ‘‘improving delivery of victim services’’; (C) in paragraph (9)— (i) by striking ‘‘older and disabled women’’ and inserting ‘‘people 50 years of age or over, people with disabilities, and Deaf people’’; (ii) inserting ‘‘legal assistance,’’ after ‘‘counseling,’’; and (iii) by striking ‘‘older and disabled individuals’’ and inserting ‘‘people’’; (D) in paragraph (11), by inserting before the semicolon at the end the following: ‘‘, in- cluding rehabilitative work with offenders, re- storative practices, and similar initiatives’’; (E) in paragraph (19), by striking ‘‘and’’ at the end; HR 1620 RFS 24 (F) in paragraph (20), by striking the pe- riod at the end and inserting a semicolon; and (G) by inserting after paragraph (20), the following: ‘‘(21) developing and implementing laws, poli- cies, procedures, or training to ensure the lawful re- covery and storage of any dangerous weapon by the appropriate law enforcement agency from an adju- dicated perpetrator of any offense of domestic vio- lence, dating violence, sexual assault, or stalking, and the return of such weapon when appropriate, where any Federal, State,
 Tribal, or local court has— ‘‘(A)(i) issued protective or other restrain- ing orders against such a perpetrator; or ‘‘(ii) found such a perpetrator to be guilty of misdemeanor or felony crimes of domestic vi- olence, dating violence, sexual assault, or stalk- ing; and ‘‘(B) ordered the perpetrator to relinquish dangerous weapons that the perpetrator pos- sesses or has used in the commission of at least one of the aforementioned crimes; Policies, procedures, protocols, laws, regulations, or training under this section shall include the safest HR 1620 RFS 25 means of recovery of, and best practices for storage of, relinquished and recovered dangerous weapons and their return, when applicable, at such time as the individual is no longer prohibited from pos- sessing such weapons under Federal, State, or Trib- al law, or posted local ordinances; ‘‘(22) developing, enlarging, or strengthening culturally specific victim services programs to pro- vide culturally specific victim services regarding, re- sponses to, and prevention of female genital mutila- tion; ‘‘(23) providing victim advocates in State or local law enforcement agencies, prosecutors’ offices, and courts and providing supportive services and ad- vocacy to urban American Indian and Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking; and ‘‘(24) paying any fees charged by any govern- mental authority for furnishing a victim or the child of a victim with any of the following documents: ‘‘(A) A birth certificate of the person.
‘‘(B) An identification card issued to the person by a State, that shows that the person is a resident of the State.’’; (2) in section 2007— HR 1620 RFS 26 (A) in subsection (d)— (i) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respec- tively; and (ii) by inserting after paragraph (4) the following: ‘‘(5) proof of compliance with the requirements regarding training for victim-centered prosecution, described in section 2017; ‘‘(6) proof of compliance with the requirements regarding civil rights under section 40002(b)(13) of the Violent Crime Control and Law Enforcement Act of 1994;’’; (B) in subsection (i)— (i) in paragraph (1), by inserting be- fore the semicolon at the end the following: ‘‘and the requirements under section 40002(b) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12291(b))’’; and (ii) in paragraph (2)(C)(iv), by insert- ing after ‘‘ethnicity,’’ the following: ‘‘sexual orientation, gender identity,’’; and (C) by adding at the end the following: HR 1620 RFS 27 ‘‘(k) REVIEWS FOR COMPLIANCE WITH NON- DISCRIMINATION REQUIREMENTS.— ‘‘(1) IN GENERAL.—If allegations of discrimina- tion in violation of section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C.
12291(b)(13)(A)) by a potential grantee under this part have been made to the Attorney General, the Attorney General shall, prior to awarding a grant under this part to such potential grantee, conduct a review and take steps to ensure the compliance of the potential grantee with such section.
‘‘(2) ESTABLISHMENT OF RULE.—Not later than 1 year after the date of enactment of the Vio- lence Against Women Act Reauthorization Act of 2021, the Attorney General shall by rule establish procedures for such a review.
‘‘(3) BIENNIAL REPORT.—Beginning on the date that is 1 year after the date of enactment of the Violence Against Women Act Reauthorization Act of 2021, and once every 2 years thereafter, the Attorney General shall report to the Committees on the Judiciary of the Senate and of the House of Representatives regarding compliance with section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C.
12291(b)(13)(A)) by recipients HR 1620 RFS 28 of grants under this part, including a report on the number of complaints filed and the resolution of those complaints.’’; and (3) by adding at the end the following: ‘‘SEC.

2017.
2017.

GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
‘‘In order for a prosecutor’s office to be eligible to receive funds under this part, the head of the office shall certify to the State, Indian Tribal government, or terri- torial government receiving a grant under this part, and from which the office will receive funds, that the office implemented and trained its personnel regarding victim- centered approaches in domestic violence, sexual assault, dating violence, and stalking cases, including policies ad- dressing the use of bench warrants, body attachments, and material witness warrants for victims who fail to appear.
The training shall be developed by experts in the fields of domestic violence, sexual assault, dating violence, stalk- ing, and prosecution.’’.

20 21 22 23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10261(a)(18)) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 24 through 2026’’.
HR 1620 RFS 29 SEC.

102.

GRANTS TO ENCOURAGE IMPROVEMENTS AND ALTERNATIVES TO THE CRIMINAL JUSTICE RESPONSE.

(a) HEADING.—Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10461 et seq.)
10461 et seq.)

is amended in the heading, by striking ‘‘GRANTS TO ENCOURAGE ARREST POLICIES’’ and in- serting ‘‘GRANTS TO ENCOURAGE IMPROVEMENTS AND ALTERNATIVES TO THE CRIMINAL JUSTICE RE- 10 SPONSE’’.

11 12 (b) GRANTS.—Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10461) 13 is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) PURPOSE.—The purpose of this part is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking, and to seek safety and autonomy for victims.’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘proarrest’’ and inserting ‘‘offender account- ability and homicide reduction’’; HR 1620 RFS 30 (B) in paragraph (5), by striking ‘‘legal advocacy service programs’’ and inserting ‘‘legal advocacy and legal assistance programs’’; (C) in paragraph (7), strike ‘‘and tribal ju- risdictions’’ and insert ‘‘Tribal jurisdictions, coalitions, and victim service providers’’; (D) in paragraph (8)— (i) by striking ‘‘older individuals (as defined in section 102 of the Older Ameri- cans Act of 1965 (42 U.S.C.
3002))’’ and inserting ‘‘people 50 years of age or over’’; and (ii) by striking ‘‘individuals with dis- abilities (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102(2)))’’ and inserting ‘‘people with disabilities (as defined in the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)) and Deaf people’’; (E) in paragraph (19), by inserting before the period at the end the following ‘‘, including victims among underserved populations (as de- fined in section 40002(a) of the Violence Against Women Act of 1994)’’; and (F) by adding at the end the following: HR 1620 RFS 31 ‘‘(25) To develop and implement restorative practices.
‘‘(26) To develop and implement laws, policies, procedures, and training— ‘‘(A) for the purpose of homicide preven- tion, preventing lethal assaults, and responding to threats of lethal assaults through effective enforcement of court orders prohibiting posses- sion of and mandating the recovery of firearms from adjudicated domestic violence, dating vio- lence, sexual assault or stalking offenders; and ‘‘(B) to address victim safety, safe storage of contraband during the pendency of the court order and, where appropriate, safe return of such contraband at the conclusion of the court order.
‘‘(27) To develop and implement alternative methods of reducing crime in communities, to sup- plant punitive programs or policies.
For purposes of this paragraph, a punitive program or policy is a program or policy that— ‘‘(A) imposes a penalty on a victim of do- mestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the vic- HR 1620 RFS 32 tim for law enforcement or emergency assist- ance; or ‘‘(B) imposes a penalty on such a victim because of criminal activity at the property in which the victim resides.
‘‘(28) To develop or strengthen policies and training for law enforcement officers, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating vi- olence, sexual assault, and stalking against individ- uals who have been arrested or otherwise have con- tact with the juvenile or adult criminal justice sys- tem, and to develop or strengthen diversion pro- grams for such individuals and for such individuals to receive comprehensive victim services.’’; (3) in subsection (c)(1)— (A) in subparagraph (A)— (i) in clause (i), by striking ‘‘encour- age or mandate arrests of domestic vio- lence offenders’’ and inserting ‘‘encourage arrests of offenders’’; and (ii) in clause (ii), by striking ‘‘encour- age or mandate arrest of domestic violence offenders’’ and inserting ‘‘encourage arrest of offenders’’; and HR 1620 RFS 33 (B) by inserting after subparagraph (E) the following: ‘‘(F) certify that, not later than 2 years after the date of its first award received under this subchapter after enactment of this sub- paragraph, the grantee has implemented and trained on victim-centered approaches to pros- ecution in domestic violence, sexual assault, dating violence, and stalking cases, including policies addressing the use of bench warrants, body attachments, and material witness war- rants for victims who fail to appear, which have been developed by experts in the fields of do- mestic violence, sexual assault, dating violence, stalking, and prosecution; ‘‘(G) certify that the laws, policies, and practices of the State in which the eligible grantee resides prohibits the prosecution of a minor under the age of 18 with respect to pros- titution; and’’; and (4) insert after subsection (g) the following: ‘‘(h) ALLOCATION FOR CULTURALLY
 SPECIFIC SERV- ICES.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be HR 1620 RFS 34 available for grants to culturally specific victim service providers.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10261(a)(19)) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

SEC.

103.

LEGAL ASSISTANCE FOR VICTIMS.

(a) IN GENERAL.—Section 1201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C.
20121) is amended— (1) in subsection (a), by inserting after ‘‘no cost to the victims.’’ the following: ‘‘When legal assist- ance to a dependent is necessary for the safety of a victim, such assistance may be provided.’’; (2) in subsection (c)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the pe- riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) to implement, expand, and establish efforts and projects to provide legal representation for post- conviction relief proceedings, including any pro- HR 1620 RFS 35 ceedings relating to vacatur, expungement, record- sealing, or other post-conviction relief measure.’’; (3) in subsection (d)— (A) by amending paragraph (1) to read as follows: ‘‘(1) any person providing legal assistance through a program funded under this section— ‘‘(A)(i) is a licensed attorney or is working under the direct supervision of a licensed attor- ney; ‘‘(ii) in immigration proceedings, is a Board of Immigration Appeals accredited rep- resentative; or ‘‘(iii) is any person who functions as an at- torney or lay advocate in Tribal court; and ‘‘(B)(i) has demonstrated expertise in pro- viding legal assistance to victims of domestic vi- olence, dating violence, sexual assault, or stalk- ing in the targeted population; or ‘‘(ii)(I) is partnered with an entity or per- son that has demonstrated expertise described in clause (i); and ‘‘(II) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and HR 1620 RFS S L L I B h t i w D O R P 2 4 C 0
HR 1620 RFS 36 related legal issues, including training on evi- dence-based risk factors for domestic and dat- ing violence homicide;’’; (B) in paragraph (2), strike ‘‘or local’’ and insert the following: ‘‘local, or culturally spe- cific’’; (C) in paragraph (4), after ‘‘dating vio- lence,’’ insert ‘‘stalking,’’; and (4) in subsection (f)(1)— (A) by striking ‘‘$57,000,000’’ and insert- ing ‘‘$75,000,000’’; and (B) by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.
(b) GAO REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the return on investment for legal assistance grants awarded pursuant to section 1201 of division B of the Vic- tims of Trafficking and Violence Protection Act of 2000 (34 U.S.C.
20121), including an accounting of the amount saved, if any, on housing, medical, or employment social welfare programs HR 1620 RFS 37 SEC.

104.

GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.


Section 1301 of division B of the Victims of Traf- ficking and Violence Protection Act of 2000 (34 U.S.C.
12464) is amended— (1) in subsection (b)— (A) in paragraph (3)— (i) by striking ‘‘educate’’ and insert- ing ‘‘(A) educate’’; (ii) by inserting ‘‘and’’ after the semi- colon at the end; and (iii) by adding at the end the fol- lowing: ‘‘(B) establish community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim as- sistance programs, or community-based supple- mentary services);’’; (B) in paragraph (7), by striking ‘‘and’’ at the end; (C) in paragraph (8)— (i) by striking ‘‘to improve’’ and in- serting ‘‘improve’’; and (ii) by striking the period at the end and inserting ‘‘; and’’; and HR 1620 RFS 38 (D) by inserting after paragraph (8) the following: ‘‘(9) develop and implement restorative prac- tices (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).’’; (2) in subsection (e), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’; and (3) by adding at the end the following new sub- section: ‘‘(h) CULTURAL RELEVANCE.—Any services provided pursuant to a grant funded under this section shall be pro- vided in a culturally relevant manner.’’.
SEC.

105.

OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.

Section 120 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (34 U.S.C.
20123) is amended— (1) in subsection (a), by adding at the end the following: ‘‘(3) PURPOSE.—The purpose of this grant pro- gram is to ensure that all underserved populations (as such term is defined in section 40002 of the Vio- lent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.

12291(a)) are given non-exclu- sionary consideration in each grant cycle.
Periodic HR 1620 RFS 39 priority may be placed on certain underserved popu- lations and forms of violence to meet identified needs and must be accompanied by a non-priority option.’’; (2) in subsection (d)— (A) in paragraph (4)— (i) by striking ‘‘effectiveness’’ and in- serting ‘‘response’’; and (ii) by inserting ‘‘population-specific’’ before ‘‘training’’; (B) in paragraph (5), by striking the pe- riod at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(6) developing, enlarging, or strengthening culturally specific programs and projects to provide culturally specific services regarding, responses to, and prevention of female genital mutilation; or ‘‘(7) strengthening the response of social and human services by providing population-specific training for service providers on domestic violence, dating violence, sexual assault, or stalking in under- served populations.’’; and (3) in subsection (g)— (A) by striking ‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’; and HR 1620 RFS 40 (B) by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.
SEC.

106.

CRIMINAL PROVISIONS.
Section 2265 of title 18, United States Code, is amended— (1) in subsection (d)(3)— (A) by striking ‘‘restraining order or in- junction,’’; and (B) by adding at the end the following: ‘‘The prohibition under this paragraph applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protec- tion order was issued by that State, territory, or Tribe.’’; and (2) in subsection (e), by adding at the end the following: ‘‘This applies to all Alaska Tribes without respect to ‘Indian country’ or the population of the Native village associated with the Tribe.’’.
SEC.

107.

RAPE SURVIVOR CHILD CUSTODY.

Section 409 of the Justice for Victims of Trafficking Act of 2015 (34 U.S.C.

21308) is amended by striking ‘‘2015 through 2019’’ and inserting ‘‘2022 through 2026’’.

HR 1620 RFS SEC.

108.
108.

ENHANCING CULTURALLY SPECIFIC SERVICES 41 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT- ING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

Section 121 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (34 U.S.C.
20124) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘shall take 5 percent of such appropriated amounts’’ and inserting ‘‘shall take 10 percent of such ap- propriated amounts for the program under sub- section (a)(2)(A) and 5 percent of such appro- priated amounts for the programs under sub- section (a)(2)(B) through (E)’’; and (B) by adding at the end the following: ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO- PRIATIONS.—In addition to the amounts made avail- able under paragraph (1), there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2022 through 2026.
‘‘(4) DISTRIBUTION.—Of the total amount available for grants under this section, not less than 40 percent of such funds shall be allocated for pro- grams or projects that meaningfully address non-in- timate partner relationship sexual assault.’’; 26 HR 1620 RFS 42 (2) in subsection (b)(3), by adding at the end the following: ‘‘At least one such organization shall have demonstrated expertise primarily in domestic violence services, and at least one such organization shall have demonstrated expertise primarily in non- intimate partner sexual assault services.’’; and (3) by striking subsection (e).
SEC.

109.

GRANTS FOR LETHALITY ASSESSMENT PRO- GRAMS AUTHORIZATION.

(a) IN GENERAL.—The Attorney General may make grants to States, units of local government, Indian Tribes, domestic violence victim service providers, and State or Tribal Domestic Violence Coalitions for technical assist- ance and training in the operation or establishment of a lethality assessment program.
(b) DEFINITION.—In this section, the term ‘‘lethality assessment program’’ means a program that— (1) rapidly connects a victim of domestic vio- lence to local community-based victim service pro- viders; (2) helps first responders and others in the jus- tice system, including courts, law enforcement agen- cies, and prosecutors of Tribal government and units of local government, identify and respond to possibly lethal circumstances; and HR 1620 RFS 43 (3) identifies victims of domestic violence who are at high risk of being seriously injured or killed by an intimate partner.
(c) QUALIFICATIONS.—To be eligible for a grant under this section, an applicant shall demonstrate experi- ence in developing, implementing, evaluating, and dissemi- nating a lethality assessment program.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2022 through 2026.
(e) DEFINITIONS AND GRANT CONDITIONS.—In this section, the definitions and grant conditions in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C.

12291).

TITLE II—IMPROVING SERVICES FOR VICTIMS SEC.

201.

SEXUAL ASSAULT SERVICES PROGRAM.

Section 41601 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.

12511) is amended in subsection (f)(1), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

SEC.

202.

SEXUAL ASSAULT SERVICES PROGRAM.


Section 41601(f)(1) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12511(f)(1)) is amended by striking ‘‘$40,000,000 to remain available HR 1620 RFS 44 until expended for each of fiscal years 2014 through 2018’’ and inserting ‘‘$60,000,000 to remain available until expended for each of fiscal years 2022 through 2026’’.

SEC.

203.
SEC.

203.

RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PRO- GRAM.

Section 40295 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12341) is amend- 11 ed— (1) in subsection (a)(3), by striking ‘‘women’’ and inserting ‘‘adults, youth,’’; (2) in subsection (a)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3)(B), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) to develop, expand, implement, and im- prove the quality of sexual assault forensic medical examination or sexual assault nurse examiner pro- grams.’’; (3) in subsection (b)(5), by inserting after ‘‘by the lack of access to’’ the following: ‘‘quality forensic HR 1620 RFS 45 sexual assault examinations by trained healthcare providers,’’; and (4) in subsection (e)(1), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.
SEC.

204.

GRANTS FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST PEOPLE WITH DISABIL- ITIES AND DEAF PEOPLE.

Section 1402 of division B of the Victims of Traf- ficking and Violence Protection Act of 2000 (34 U.S.C.
10 20122) is amended— (1) in the heading— (A) by striking ‘‘WOMEN’’ and inserting ‘‘PEOPLE’’; and (B) by inserting after ‘‘DISABILITIES’’ the following: ‘‘AND DEAF PEOPLE’’; (2) in subsection (a)— (A) by striking ‘‘individuals’’ each place it appears and inserting ‘‘people’’; and (B) by inserting after ‘‘with disabilities (as defined in section 3 of the Americans with Dis- abilities Act of 1990 (42 U.S.C.
12102))’’ the following: ‘‘and Deaf people’’; (3) in subsection (b)— HR 1620 RFS 46 (A) by striking ‘‘disabled individuals’’ each place it appears and inserting ‘‘people with dis- abilities and Deaf people’’; (B) in paragraph (3), by inserting after ‘‘law enforcement’’ the following: ‘‘and other first responders’’; and (C) in paragraph (8), by striking ‘‘pro- viding advocacy and intervention services with- in’’ and inserting ‘‘to enhance the capacity of’’; (4) in subsection (c), by striking ‘‘disabled indi- viduals’’ and inserting ‘‘people with disabilities and Deaf people’’; and (5) in subsection (e), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.
SEC.

205.

TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.

Section 40801 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12421)— (1) in the heading, by striking ‘‘ENHANCED TRAINING’’ and inserting ‘‘TRAINING’’; (2) by striking subsection ‘‘(a) DEFINITIONS.— In this section—’’ and all that follows through para- graph (1) of subsection (b) and inserting the fol- lowing: ‘‘The Attorney General shall make grants to eligible entities in accordance with the following:’’; HR 1620 RFS 47 (3) by redesignating paragraphs (2) through (5) of subsection (b) as paragraphs (1) through (4); (4) in paragraph (1) (as redesignated by para- graph (3) of this subsection)— (A) by striking ‘‘, including domestic vio- lence, dating violence, sexual assault, stalking, exploitation, and neglect’’ each place it appears; (B) in subparagraph (A)— (i) in clause (i), by striking ‘‘elder abuse’’ and inserting the following: ‘‘abuse in later life’’; and (ii) in clause (iv), by striking ‘‘advo- cates, victim service providers, and courts to better serve victims of abuse in later life’’ and inserting ‘‘leaders, victim advo- cates, victim service providers, courts, and first responders to better serve older vic- tims’’; (C) in subparagraph (B)(i), by striking ‘‘or other community-based organizations in recog- nizing and addressing instances of abuse in later life’’ and inserting ‘‘community-based or- ganizations, or other professionals who may identify or respond to abuse in later life’’; and HR 1620 RFS 48 (D) in subparagraph (D), by striking ‘‘sub- paragraph (B)(ii)’’ and inserting ‘‘paragraph (2)(B)’’; (5) in paragraph (2) (as redesignated by para- graph (3))— (A) in subparagraph (A)—
 (i) in clause (iv), by striking ‘‘with demonstrated experience in assisting indi- viduals 50 years of age or older’’; and (ii) in clause (v), by striking ‘‘with demonstrated experience in addressing do- mestic violence, dating violence, sexual as- sault, and stalking’’; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking ‘‘at a minimum’’ and inserting ‘‘at least two of’’; (ii) in clause (iii), by striking ‘‘and’’ at the end, and inserting ‘‘or’’; and (iii) in clause (iv), by striking ‘‘in later life;’’ and inserting ‘‘50 years of age or over.’’; and (6) in paragraph (4) (as redesignated by para- graph (3)), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.
HR 1620 RFS 49 SEC.

206.

DEMONSTRATION PROGRAM ON TRAUMA-IN- FORMED, VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT.

Title IV of the Violent Crime Control and Law En- forcement Act of 1994 (34 U.S.C.
10101 note) is amended by adding at the end the following: ‘‘Subtitle Q—Trauma-Informed, for Victim-Centered Training Law Enforcement ‘‘SEC.

41701.

DEMONSTRATION PROGRAM ON TRAUMA-IN- FORMED, VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT.
‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Attorney General’ means the At- torney General, acting through the Director of the Office on Violence Against Women; ‘‘(2) the term ‘covered individual’ means an in- dividual who interfaces with victims of domestic vio- lence, dating violence, sexual assault, and stalking, including— ‘‘(A) an individual working for or on behalf of an eligible entity; ‘‘(B) a school or university administrator or personnel (including a campus police officer or a school resource officer); and HR 1620 RFS 50 ‘‘(C) an emergency services or medical em- ployee; ‘‘(3) the term ‘demonstration site’, with respect to an eligible entity that receives a grant under this section, means— ‘‘(A) if the eligible entity is a law enforce- ment agency described in paragraph (4)(A), the area over which the eligible entity has jurisdic- tion; and ‘‘(B) if the eligible entity is an organiza- tion or agency described in paragraph (4)(B), the area over which a law enforcement agency described in paragraph (4)(A) that is working in collaboration with the eligible entity has ju- risdiction; and ‘‘(4) the term ‘eligible entity’ means— ‘‘(A) a State, local, territorial, or Tribal law enforcement agency; or ‘‘(B) a national, regional, or local victim services organization or agency working in col- laboration with a law enforcement agency de- scribed in subparagraph (A).
‘‘(b) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Attorney General shall award grants on a competitive basis to eligible enti- HR 1620 RFS 51 ties to carry out the demonstration program under this section by implementing evidence-based or promising policies and practices to incorporate trau- ma-informed, victim-centered techniques designed to— tim; ‘‘(A) prevent re-traumatization of the vic- ‘‘(B) ensure that covered individuals use evidence-based practices to respond to and in- vestigate cases of domestic violence, dating vio- lence, sexual assault, and stalking; ‘‘(C) improve communication between vic- tims and law enforcement officers in an effort to increase the likelihood of the successful in- vestigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible; ‘‘(D) increase collaboration among stake- holders who are part of the coordinated commu- nity response to domestic violence, dating vio- lence, sexual assault, and stalking; and ‘‘(E) evaluate the effectiveness of the training process and content by measuring— ‘‘(i) investigative and prosecutorial practices and outcomes; and HR 1620 RFS 52 ‘‘(ii) the well-being of victims and their satisfaction with the criminal justice process.
‘‘(2) TERM.—The Attorney General shall make grants under this section for each of the first 2 fis- cal years beginning after the date of enactment of this Act.

‘‘(3) AWARD BASIS.—The Attorney General shall award grants under this section to multiple eli- gible entities for use in a variety of settings and communities, including— ‘‘(A) urban, suburban, Tribal, remote, and rural areas; ‘‘(B) college campuses; or ‘‘(C) traditionally underserved commu- nities.
‘‘(c) USE OF FUNDS.—An eligible entity that receives a grant under this section shall use the grant to— ‘‘(1) train covered individuals within the dem- onstration site of the eligible entity to use evidence- based, trauma-informed, and victim-centered tech- niques and knowledge of crime victims’ rights throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by— HR 1620 RFS 53 ‘‘(A) conducting victim interviews in a manner that— ‘‘(i) elicits valuable information about the domestic violence, dating violence, sex- ual assault, or stalking; and ‘‘(ii) avoids re-traumatization of the victim; ‘‘(B) conducting field investigations that mirror best and promising practices available at the time of the investigation; ‘‘(C) customizing investigative approaches to ensure a culturally and linguistically appro- priate approach to the community being served; ‘‘(D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sex- ual assault, or stalking— ‘‘(i) facilitated by alcohol or drugs; ‘‘(ii) involving strangulation; ‘‘(iii) committed by a non-stranger; ‘‘(iv) committed by an individual of the same sex as the victim; ‘‘(v) involving a victim with a dis- ability; ‘‘(vi) involving a male victim; or HR 1620 RFS 54 ‘‘(vii) involving a lesbian, gay, bisex- ual, or transgender (commonly referred to as ‘LGBT’) victim; ‘‘(E) developing collaborative relationships between— ‘‘(i) law enforcement officers and other members of the response team; and ‘‘(ii) the community being served; and ‘‘(F)
 developing an understanding of how to define, identify, and correctly classify a re- port of domestic violence, dating violence, sex- ual assault, or stalking; and ‘‘(2) promote the efforts of the eligible entity to improve the response of covered individuals to do- mestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable.
‘‘(d) DEMONSTRATION PROGRAM TRAININGS ON TRAUMA-INFORMED, VICTIM-CENTERED APPROACHES.— HR 1620 RFS 55 ‘‘(1) IDENTIFICATION OF EXISTING TRAININGS.— ‘‘(A) IN GENERAL.—The Attorney General shall identify trainings for law enforcement offi- cers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that— ‘‘(i) employ a trauma-informed, vic- tim-centered approach to domestic violence, dating violence, sexual assault, and stalk- ing; and ‘‘(ii) focus on the fundamentals of— ‘‘(I) trauma responses; and ‘‘(II) the impact of trauma on victims of domestic violence, dating vi- olence, sexual assault, and stalking.
‘‘(B) SELECTION.—An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity.
‘‘(2) CONSULTATION.—In carrying out para- graph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in HR 1620 RFS 56 order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed, vic- tim-centered care for victims of domestic violence, dating violence, sexual assault, and stalking.
‘‘(e) EVALUATION.—The Attorney General, in con- sultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to— ‘‘(1) design a system for generating and col- lecting the appropriate data to facilitate an inde- pendent process or impact evaluation of the use of the grant funds; ‘‘(2) periodically conduct an evaluation de- scribed in paragraph (1); and ‘‘(3) periodically make publicly available, during the grant period— ‘‘(A) preliminary results of the evaluations conducted under paragraph (2); and ‘‘(B) recommendations for improving the use of the grant funds.
HR 1620 RFS 57 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—The At- torney General shall carry out this section using amounts otherwise available to the Attorney General.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to interfere with the due process rights of any individual.’’.

SEC.

207.

AUTHORIZATION OF THE FAST INITIATIVE.

Section 41601(e) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12511(e)) is amended by adding at the end the following: ‘‘(g) FORENSIC-MEDICAL AND ADVOCACY SERVICES 12 FOR TRIBES INITIATIVE.— ‘‘(1) IN GENERAL.—The Attorney General, in consultation with the Secretary of Health and Human Services, shall make grants to eligible enti- ties establish, sustain, or expand programs offering sexual assault medical forensic exams and sexual as- sault victim services in Tribal communities.
‘‘(2) ELIGIBLE ENTITY.—An eligible entity any of the following: ‘‘(A) A State, local, or federally recognized Tribal government.

‘‘(B) An agency of a State, local, or feder- ally recognized Tribal government.

‘‘(C) A nonprofit organization.

 HR 1620 RFS 58 ‘‘(D) A Tribal organization.
‘‘(E) An entity, the principal purpose of which is to provide healthcare, such as a hos- pital, clinic, or health department.

‘‘(F) An institution of higher education.

‘‘(3) FUNDING.—Of the amount made available to carry out this section, $14,000,000 shall be for grants under this subsection.

‘‘(4) PRIORITY.—The Attorney General shall give priority to applicants proposing innovative ways of bringing experienced sexual assault forensic exams to remote Tribal communities.
‘‘(5) APPLICANT REQUIREMENTS.—Applicants shall demonstrate coordination with victim service providers, law enforcement (including a crime lab- oratory), and prosecutors.

‘‘(6) USE OF FUNDS.—Recipients of a grant under this subsection may use such funds to hire a sexual assault response team.’’.

SEC.

208.

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER SPECIFIC SERVICES PROGRAM.
(a) ESTABLISHMENT.—The Attorney General, acting through the Director of the Violence Against Women Of- fice, shall make grants to eligible entities to enhance HR 1620 RFS 59 LGBTQ+ specific services for victims of domestic vio- lence, dating violence, sexual assault and stalking.
(b) PURPOSE OF PROGRAM AND GRANTS .— (1) GENERAL PROGRAM PURPOSE.—.— The purpose of the program required by this section is to promote the following: (A) The maintenance and replication of ex- isting successful LGBTQ+ specific domestic vi- olence, dating violence, sexual assault, and stalking community-based programs providing services and resources for LGBTQ+ victims of domestic violence, dating violence, sexual as- sault, and stalking.
(B) The development of innovative LGBTQ+ specific strategies and projects to en- hance access to services and resources for LGBTQ+ victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The Director shall make grants to commu- nity-based programs for the purpose of enhancing LGBTQ+ specific services for victims of domestic violence, dating violence, sexual assault, and stalk- HR 1620 RFS 60 ing.
Grants under the program shall support com- munity-based efforts to address distinctive LGBTQ+ specific responses to domestic violence, dating violence, sexual assault, and stalking, includ- ing— (A) providing or enhancing services for LGBTQ+ victims of domestic violence, dating violence, sexual assault, or stalking, including services that address the safety, emotional well- being, economic, housing, legal and workplace needs of LGBTQ+ victims; (B) supporting programs that specifically address underserved LGBTQ+ communities, including culturally specific communities, to provide specific resources and support for LGBTQ+ underserved victims of domestic vio- lence, dating violence, sexual assault, and stalk- ing; (C) working in cooperation with the com- munity to develop education and prevention strategies highlighting LGBTQ+ specific issues and resources regarding victims of domestic vio- lence, dating violence, sexual assault, and stalk- ing; HR 1620 RFS 61 (D) conducting outreach activities to en- sure that LGBTQ+ people who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance; (E) providing training for victim service organizations, governmental agencies, courts, law enforcement and other first responders, and nonprofit, nongovernmental organizations serv- ing the LGBT community about risk reduction, intervention, prevention and the nature of do- mestic violence, dating violence, stalking, and sexual assault for LGBTQ+ individuals; (F) developing and implementing LGBTQ+ specific programming that incor- porates alternative justice responses that are fo- cused on victim autonomy, agency and safety in order to provide resolution and restitution for the victim; and (G) providing LGBTQ+ specific programs for LGBTQ+ parents of children exposed to domestic violence, dating violence, sexual as- sault, and stalking; (H) examining the dynam- ics of anti-LGBTQ+ bias and its impact on vic- timization and healing.
HR 1620 RFS 62 (3) TECHNICAL ASSISTANCE AND TRAINING.— The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provi- sion of effective LGBTQ+ specific community-based services by entering into cooperative agreements or contracts with an organization or organizations hav- ing a demonstrated expertise in and whose primary purpose is addressing the development and provision of LGBTQ+ specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking.
(c) ELIGIBLE ENTITIES.—Eligible entities for grants under this section include— (1) community-based programs, the primary purpose of which is providing LGBTQ+ specific services to victims of domestic violence, dating vio- lence, sexual assault, and stalking; and (2) community-based programs, the primary purpose of which is providing LGBTQ+ specific services that can partner with a program having demonstrated expertise in serving victims of domes- tic violence, dating violence, sexual assault, and stalking, and that agrees to receive technical assist- HR 1620 RFS 63 ance from a program with LGBTQ+ specific exper- tise.
(d) REPORTING.—The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to LGBTQ+ victims of domestic violence, dating violence, sexual assault, and stalking and the types of LGBTQ+ specific programs, strategies, technical assist- ance, and training developed or enhanced through this program.
(e) GRANT PERIOD.—The Director shall award grants for a 2-year period, with a possible extension of another 2 years to implement projects under the grant.
(f) EVALUATION.—The Director shall award a con- tract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced access to serv- ices and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(g) NON-EXCLUSIVITY.—Nothing in this section shall be construed to exclude LGBTQ+ community-based pro- grams from applying to other grant programs authorized 24 under this Act.
25 (h) AUTHORIZATION OF APPROPRIATIONS.— HR 1620 RFS 64 (1) IN GENERAL.—Two percent the amounts appropriated to carry out a covered grant program for each of fiscal years 2022 through 2026, shall be made available for grants under this section.
(2) COVERED GRANT PROGRAM.—In this sec- tion, the term ‘‘covered grant program’’ means any of the following: (A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10461).

(B) Section 1301 of the Violence Against Women Act of 2000 (34 U.S.C.

12464).

(3) ADDITIONAL AMOUNT.—In addition to the funds described in paragraph (1), there is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2022 through 2026.
Funds appropriated under this paragraph shall remain available until expended.

TITLE III—SERVICES, PROTEC- TION, AND JUSTICE FOR YOUNG VICTIMS SEC.

301.

RAPE PREVENTION AND EDUCATION GRANT.

Section 393A of the Public Health Service Act (42 U.S.C.
280b–1b) is amended— (1) in subsection (a)— HR 1620 RFS 65 (A) in paragraph (2), by inserting before the semicolon at the end the following ‘‘or dig- ital services (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994)’’; (B) in paragraph (3), by striking ‘‘profes- sionals’’ and inserting ‘‘professionals, including school-based professionals, to identify and refer students who may have experienced or are at risk of experiencing sexual violence’’; and (C) in paragraph (7), by striking ‘‘sexual assault’’ and inserting ‘‘sexual violence, sexual assault, and sexual harassment’’; (2) in subsection (b), by striking ‘‘Indian trib- al’’ and inserting ‘‘Indian Tribal’’; (3) by redesignating subsection (c) through (d) as subsections (d) through (e), respectively; (4) by inserting the following new subsection: ‘‘(c) MEANINGFUL INVOLVEMENT OF STATE SEXUAL ASSAULT COALITIONS, CULTURALLY SPECIFIC ORGANI- ZATIONS, AND UNDERSERVED COMMUNITIES.—In grant- ing funds to States, the Secretary shall set forth proce- dures designed to ensure meaningful involvement of the State or territorial sexual assault coalitions, culturally spe- cific organizations, and representatives from underserved HR 1620 RFS communities in the application for and implementation of 66 funding.’’; (5) in subsection (d) (as redesignated by para- graph (3))— (A) in paragraph (1), by striking ‘‘$50,000,000 for each of fiscal years 2014 through 2018’’ and inserting ‘‘$110,000,000 for each of fiscal years 2022 through 2026’’; (B) in paragraph (3), by
 adding at the end the following: ‘‘Not less than 80 percent of the total amount made available under this sub- section in each fiscal year shall be awarded in accordance with this paragraph.’’; and (C) by adding at the end the following: ‘‘(4) STATE, TERRITORIAL, AND TRIBAL SEX- UAL ASSAULT COALITION ALLOTMENT.—Of the total amount made available under this subsection in each fiscal year, not less than 15 percent shall be avail- able to State, territorial, and Tribal sexual assault coalitions for the purposes of coordinating and pro- viding prevention activities, providing assistance to prevention programs, and collaborating and coordi- nating with Federal, State, Tribal, and local entities engaged in sexual violence prevention.
From amounts appropriated for grants under this sub- HR 1620 RFS 67 section for each fiscal year, not less than 10 percent of funds shall be available for grants to Tribal sex- ual assault coalitions, and the remaining funds shall be available for grants to State and territorial coali- tions, and the Attorney General shall allocate an amount equal to 1⁄56 of the amounts so appropriated to each of those State and territorial coalitions.
Re- ceipt of an award under this subsection by each sex- ual assault coalition shall not preclude the coalition from receiving additional grants or administering funds to carry out the purposes described in sub- section (a).’’; and (6) by adding at the end the following: ‘‘(f) REPORT.—Not later than 1 year after the date of the enactment of the Violence Against Women Act Re- authorization Act of 2021, the Secretary, acting through the Director of the Centers for Disease Control and Pre- vention, shall submit to Congress, the Committee on Ap- propriations and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activi- ties funded by grants awarded under this section and best practices relating to rape prevention and education.’’.
HR 1620 RFS 68 SEC.

302.

CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.

Section 41201 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12451) is amend- ed— (1) in subsection (a)— (A) by striking ‘‘stalking, or sex traf- ficking’’ and inserting ‘‘or stalking’’; and (B) by adding at the end the following: ‘‘Grants awarded under this section may be used to address sex trafficking or bullying as part of a comprehensive program focused pri- marily on domestic violence, dating violence, sexual assault, or stalking.’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subpara- graph (A)— (I) by striking ‘‘target youth who are victims of domestic violence, dat- ing violence, sexual assault, stalking, and sex trafficking’’ and inserting ‘‘target youth, including youth in un- derserved populations who are victims of domestic violence, dating violence, 26 HR 1620 RFS 69 sexual assault, stalking, and sex traf- ficking’’; and (II) by striking ‘‘specific serv- ices’’ and inserting ‘‘specific services, restorative practices’’; (ii) in subparagraph (B), by striking ‘‘or’’ at the end; (iii) in subparagraph (C), by striking the period at the end and inserting a semi- colon; and (iv) by inserting after subparagraph (C) the following: ‘‘(D) clarify State or local mandatory re- porting policies and practices regarding peer- on-peer dating violence, sexual assault, stalking, and sex trafficking; or ‘‘(E) develop, enlarge, or strengthen cul- turally specific victim services and response re- lated to, and prevention of, female genital muti- lation.’’; and (B) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘stalking, or sex trafficking’’ and inserting ‘‘stalking, sex trafficking, or female genital mutilation’’; HR 1620 RFS
Sfmt 6201 E:\BILLS\H1620.RFS H1620 HR 1620 RFS 70 (ii) in subparagraph (B), by striking the semicolon and inserting the following ‘‘, and restorative practices;’’; (iii) in subparagraph (C), by inserting ‘‘confidential’’ before ‘‘support services’’; and (iv) in subparagraph (E), by inserting after ‘‘programming for youth’’ the fol- lowing: ‘‘, including youth in underserved populations,’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘stalk- ing, or sex trafficking’’ and inserting ‘‘or stalk- ing’’; and (B) in paragraph (2)(A), by striking ‘‘paragraph (1)’’ and inserting ‘‘subparagraph (A) or (B) of paragraph (1)’’; (4) in subsection (d)(3), by striking ‘‘stalking, and sex trafficking’’ and inserting ‘‘and stalking, in- cluding training on working with youth in under- served populations (and, where intervention or pro- gramming will include a focus on female genital mu- tilation, or on sex trafficking, sufficient training on those topics)’’; and HR 1620 RFS 71 (5) in subsection (f), by striking ‘‘$15,000,000 for each of fiscal years 2014 through 2018’’ and in- serting ‘‘$25,000,000 for each of fiscal years 2022 through 2026’’.
SEC.

303.

GRANTS TO COMBAT VIOLENT CRIMES ON CAM- PUSES.

(a) IN GENERAL.—Section 304 of the Violence Against Women and Department of Justice Reauthoriza- tion Act of 2005 (34 U.S.C.
20125) is amended— (1) in subsection (b)— (A) by amending paragraph (2) to read as follows: ‘‘(2) To develop, strengthen, and implement campus policies, protocols, and services that more ef- fectively identify and respond to the crimes of do- mestic violence, dating violence, sexual assault and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and all participants in the resolution process, including personnel from the Title IX coordinator’s office, student conduct office, and campus disciplinary or judicial boards on such policies, protocols, and services.’’; (B) by amending paragraph (3) to read as follows: HR 1620 RFS 72 ‘‘(3) To provide prevention and education pro- gramming about domestic violence, dating violence, sexual assault, and stalking, including technological abuse and reproductive and sexual coercion, that is age-appropriate, culturally relevant, ongoing, deliv- ered in multiple venues on campus, accessible, pro- motes respectful nonviolent behavior as a social norm, and engages men and boys.
Such program- ming should be developed in partnership or collabo- ratively with experts in intimate partner and sexual violence prevention and intervention.’’; (C) in paragraph (4), by inserting after ‘‘improve delivery of’’ the following: ‘‘primary prevention training and’’; (D) in paragraph (9), by striking ‘‘and provide’’ and inserting ‘‘, provide, and dissemi- nate’’; (E) in paragraph (10), by inserting after ‘‘or adapt’’ the following ‘‘and disseminate’’; and (F) by inserting after paragraph (10) the following: ‘‘(11) To train campus health centers and ap- propriate campus faculty, such as academic advisors or professionals who deal with students on a daily HR 1620 RFS 73 basis, on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalk- ing, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how pro- viders can support ongoing outreach efforts.
‘‘(12) To train campus personnel in how to use a victim-centered, trauma-informed interview tech- nique, which means asking questions of a student or a campus employee who is reported to be a victim of sexual harassment, sexual assault, domestic vio- lence, dating violence, or stalking, in a manner that is focused on the experience of the reported victim, that does not judge or blame the reported victim for the alleged crime, and that is informed by evidence- based research on trauma response.
To the extent practicable, campus personnel shall allow the re- ported victim to participate in a recorded interview and to receive a copy of the recorded interview.
‘‘(13) To develop and implement restorative practices (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).’’; HR 1620 RFS 74 (2) in subsection (c)(3), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’; (3) in subsection (d)— (A) in paragraph (3)(B), by striking ‘‘for all incoming students’’ and inserting ‘‘for all students’’; (B) by amending paragraph (3)(D) to read as follows: ‘‘(D) The grantee shall train all partici- pants in the resolution process, including the Title IX coordinator’s office and student con- duct office, to respond effectively to situations involving domestic violence, dating violence, sex- ual assault, or stalking.’’; and (C) in paragraph (4)(C), by inserting after ‘‘sex,’’ the following: ‘‘sexual orientation, gender identity,’’; and (4) in subsection (e), by striking ‘‘$12,000,000 for each of fiscal years 2014 through 2018’’ and in- serting ‘‘$16,000,000 for each of fiscal years 2022 through 2026’’.
(b) REPORT ON BEST PRACTICES REGARDING DO- MESTIC VIOLENCE, DATING VIOLENCE, SEXUAL AS- SAULT, AND STALKING ON CAMPUSES.—Not later than 1 year after the date of enactment of this Act, the Secretary HR 1620 RFS of Education shall submit to Congress a report, which in- 75 cludes— (1) an evaluation of programs, events, and edu- cational materials related to domestic violence, dat- ing violence, sexual assault, and stalking; and (2) an assessment of best practices and guid- ance from the evaluation described in paragraph (1), which shall be made publicly available online to uni- versities and college campuses to use as a resource.
TITLE IV—VIOLENCE REDUCTION PRACTICES SEC.

401.

STUDY CONDUCTED BY THE CENTERS FOR DIS- EASE CONTROL AND PREVENTION.

Section 402 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 U.S.C.
280b–4) is amended— (1) in subsection (b), by striking ‘‘violence against women’’ and inserting ‘‘violence against adults, youth,’’; and (2) in subsection (c), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

SEC.

402.

SAVING MONEY AND REDUCING TRAGEDIES (SMART) THROUGH PREVENTION GRANTS.

Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
12463) is amended— HR 1620 RFS 76 (1) in subsection (b)(1)— (A) in subparagraph (C), by striking ‘‘and’’ at the end; (B) in subparagraph (D), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(E) strategies within each of these areas addressing the unmet needs of underserved pop- ulations.’’; (2) in subsection (b)(2)(B), by inserting ‘‘cul- turally specific,’’ after ‘‘after-school,’’; (3) in subsection (d)(3)— (A) in subparagraph (A), by striking ‘‘and’’ at the end; (B) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(C) include a focus on the unmet needs of underserved populations.’’; (4) in subsection (f), by striking ‘‘$15,000,000 for each of fiscal years 2014 through 2018’’ and in- serting ‘‘$45,000,000 for each of fiscal years 2022 through 2026’’; and (5) in subsection (g), by adding at the end the following: HR 1620 RFS 77 ‘‘(3) REMAINING AMOUNTS.—Any amounts not made available under paragraphs (1) and (2) may be used for any set of purposes described in paragraph (1), (2), or (3) of subsection (b), or for a project that fulfills two or more of such sets of purposes.’’.
TITLE V—STRENGTHENING THE HEALTHCARE SYSTEMS RE- SPONSE SEC.

501.

GRANTS TO STRENGTHEN THE HEALTHCARE SYS- TEMS RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

Section 399P of the Public Health Service Act (42 U.S.C.
280g–4) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘com- munity health workers, violence prevention ad- vocates working with health providers,’’ after ‘‘health staff,’’; (B) in paragraph (2)— (i) by inserting ‘‘(including midwives and doulas)’’ after ‘‘residents’’; and (ii) by striking ‘‘and’’ at the end; (C) in paragraph (3)— HR 1620 RFS 78 (i) by striking ‘‘response’’ after ‘‘im- prove the’’ and inserting ‘‘capacity’’; (ii) by inserting ‘‘prevent and respond to’’ after ‘‘(including behavioral and men- tal health programs) to’’; and (iii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ‘‘(4) the development or enhancement and im- plementation of training programs to improve the capacity of early childhood programs to address do- mestic violence, dating violence, sexual assault, and stalking among families they serve; and ‘‘(5) the development or enhancement and im- plementation of comprehensive statewide strategies for health and violence prevention programs to work together to promote primary prevention onf domestic violence, dating violence, sexual assault, and stalk- ing.’’; (2) in subsection (b)(1)— (A) in subparagraph (A)(i)— (i) by inserting ‘‘provide universal education on healthy relationships’’ after ‘‘providers to’’; (ii) by striking ‘‘identify’’; HR 1620 RFS 79 (iii) by inserting ‘‘trauma-informed’’ after ‘‘and provide’’; and (iv) by striking ‘‘and’’ at the end; (B) in subparagraph (A)(ii)— (i) by inserting
 ‘‘, including labor and sex trafficking’’ after ‘‘other forms of vio- lence and abuse’’; (ii) by striking ‘‘culturally competent clinical’’ after ‘‘plan and develop’’; (iii) by inserting after ‘‘training com- ponents’’ the following; ‘‘that center the experiences of and are developed in col- laboration with Black and Indigenous peo- ple and People of Color, and include com- munity-defined practices such as the use of doulas, midwives, and traditional healers,’’; and (iv) by striking ‘‘disparities’’ and in- serting ‘‘inequities’’; (C) in subparagraph (A), by inserting after clause (ii) the following: ‘‘(iii) are designed to be inclusive of the experiences of all individuals including LGBTQ+ individuals and include training on equity and anti-racism approaches to HR 1620 RFS 80 health services delivery; disparities in ac- cess to health-care services and prevention resources; and current and historic sys- temic racism in health care services; and ‘‘(iv) include training on the use of universal prevention education approach to both prevent and respond to domestic vio- lence, dating violence, sexual assault, or stalking in health care settings;’’; (D) in subparagraph (B), in the matter preceding clause (i)— (i) by striking ‘‘response’’ after ‘‘im- prove the’’ and inserting ‘‘capacity’’; and (ii) by inserting ‘‘prevent and respond to’’ after ‘‘system to’’; (E) in subparagraph (B)(i)— (i) by inserting ‘‘and promoting pre- vention of’ ’’’ after ‘‘responding to’’; (ii) by inserting ‘‘during in person or virtual visits and’’ after ‘‘and stalking’’; and (iii) by inserting after ‘‘follow-up care’’ the following: ‘‘ and to maximize vic- tim choice on the use and sharing of their health information’’; VerDate Sep 11 2014 02:23 May 25, 2022
HR 1620 RFS 81 (F) in subparagraph (B)(ii)— (i) by striking ‘‘on-site access to’’; and (ii) by striking ‘‘patients by increas- ing’’ and all that follows through the semi- colon and inserting the following: ‘‘patients by— ‘‘(I) increasing the capacity of existing health care professionals, in- cluding professionals who specialize in trauma and in behavioral and mental health care (including substance abuse disorder), community health workers, and public health staff to address do- mestic violence, dating violence, sexual assault, stalking, and children exposed to violence; ‘‘(II) contracting with or hiring advocates for victims of domestic vio- lence or sexual assault to provide such services; or ‘‘(III) providing funding to State domestic and sexual violence coalitions to improve the capacity of such coali- tions to coordinate and support health HR 1620 RFS 82 advocates and other health system partnerships;’’; (G) in subparagraph (B)(iii)— (i) by striking ‘‘identification’’ after ‘‘practice of’’ and inserting ‘‘prevention’’; (ii) by inserting ‘‘during in person or virtual visits,’’ after ‘‘and stalking’’; and (iii) by striking ‘‘and’’ at the end; (H) in subparagraph (B)(iv)— (i) by inserting ‘‘and promote preven- tion during in person or virtual visits,’’ after ‘‘or stalking,’’; and (ii) by striking the period at the end; (I) in subparagraph (B), by adding at the end the following: ‘‘(v) the development, implementation, dissemination, and evaluation of best prac- tices, tools, and training materials, includ- ing culturally relevant
 tools, for behavioral health professionals to identify and re- spond to domestic violence, sexual violence, stalking, and dating violence; and ‘‘(vi) the development and provision of culturally relevant training and follow-up technical assistance to health care profes- HR 1620 RFS 83 sionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking from culturally specific communities and promote prevention, using tools and training materials, devel- oped by and for culturally specific commu- nities, with priority given to trainings pro- vided by culturally specific organizations; and’’; and (J) by inserting after subparagraph (B) the following: ‘‘(C) design and implement comprehensive strategies to prevent domestic or sexual violence including through the use of universal education in clinical and public health settings, hospitals, clinics and other health settings.’’; (3) in subsection (b)(2)(A)— (A) in the heading, by striking ‘‘CHILD AND ELDER ABUSE’’ and inserting the fol- lowing: ‘‘CHILD ABUSE AND ABUSE IN LATER LIFE’’; and HR 1620 RFS 84 (B) by striking ‘‘child or elder abuse’’ and inserting the following: ‘‘child abuse or abuse in later life’’; (4) in subsection (b)(2)(C)(i), by striking ‘‘elder abuse’’ and inserting ‘‘abuse in later life’’; (5) in subsection (b)(2)(C)(ii), by inserting ‘‘programs that promote the prevention of sexual as- sault as well as’’ after ‘‘implementation of’’; (6) in subsection (b)(2)(C)(iii)— (A) by
 inserting ‘‘and exposure to violence against generations’’ after ‘‘abuse’’; and (B) by striking ‘‘or’’ at the end; (7) in subsection (b)(2)(C)(iv)— (A) by inserting ‘‘mental health,’’ after ‘‘dental,’’; and (B) by striking ‘‘exams.’’ and inserting ‘‘exams and certifications;’’; (8) in subsection (b)(2)(C), by inserting after clause (iv) the following: ‘‘(v) providing funding to culturally specific organizations to improve the ca- pacity of such organizations to engage and partner with healthcare providers to sup- port victims and meet increased referrals from health systems; HR 1620 RFS 85 ‘‘(vi) development of a State-level pilot program to— ‘‘(I) improve the response of sub- stance use disorder treatment pro- grams, harm reduction programs for people who use substances, and sys- tems to domestic violence, dating vio- lence, sexual assault, and stalking; ‘‘(II) improve the capacity of substance use disorder treatment pro- grams, harm reduction programs for people who use substances, and sys- tems to serve survivors of domestic vi- olence, dating violence, sexual assault, and stalking dealing with substance use disorder; and ‘‘(III) improve the capacity of do- mestic violence, dating violence, sexual assault, and stalking programs to serve survivors who has substance use history with substance abuse disorder; or ‘‘(vii) development and utilization of existing technical assistance and training resources to improve the capacity of sub- HR 1620 RFS 86 stance use disorder treatment
n o s n h o k j 86 stance use disorder treatment programs and harm reduction programs for people who use substances to address domestic vi- olence, dating violence, sexual assault, and stalking among patients the programs serve.’’; (9) in subsection (c)(3)(A) by striking the pe- riod at the end and inserting the following: ‘‘and— ‘‘(i) culturally specific and population specific organizations, and specifically or- ganizations whose leadership include Black or Indigenous people, People of Color, or LGBTQ+ individuals; and ‘‘(ii) programs developing and imple- menting community-driven solutions to ad- dress domestic violence, dating violence, sexual assault, or stalking, instead of carceral and law enforcement interven- tion.’’; (10) in subsection (c)(3)(B)(i)(III) by inserting after ‘‘nonprofit entity’’ the following ‘‘, including a culturally-specific organization or community-based organization working to address the social deter- minants of health,’’; (11) in subsection (c)(3)(C)(ii)— HR 1620 RFS 87 (A) by striking ‘‘strategies for’’ and insert- ing ‘‘(I) strategies for’’; (B) by inserting ‘‘and generations’’ after ‘‘lifespan’’; (C) by striking ‘‘settings;’’ and inserting ‘‘settings; and’’; and (D) by adding at the end the following: ‘‘(II) strategies to address pri- mary prevention of domestic violence, dating violence, sexual assault, and stalking over the lifespan and genera- tions including strategies that address related social determinants of health and center economic justice, anti-rac- ism, and that are inclusive of all gen- ders and identities including LGBTQ+ individuals;’’; (12) in subsection (c)(3)(C)(iii)— (A) by inserting ‘‘culturally specific organi- zations’’ after ‘‘advocacy
 organizations’’; and (B) by striking ‘‘State or tribal law en- forcement task forces (where appropriate)’’; (13) in subsection (c)(3)(C)(iv) by inserting ‘‘(including culturally specific organizations)’’ after ‘‘service providers’’; HR 1620 RFS 88 (14) in subsection (d)(2)(A)— (A) by inserting ‘‘or behavioral health’’ after ‘‘of health’’; (B) by inserting ‘‘behavioral’’ after ‘‘phys- ical or’’; (C) by striking ‘‘mental’’ before ‘‘health care’’; and (D) by inserting ‘‘, including substance use disorder treatment’’ before ‘‘; or’’; (15) in subsection (d)(2)(B)— (A) by striking ‘‘or health system’’ and in- serting ‘‘behavioral health treatment system’’; (B) by striking ‘‘mental’’ and inserting ‘‘behavioral’’; and (C) by inserting ‘‘, or a community-based organization with a history of partnership with programs in the domestic violence, dating vio- lence, sexual assault, or stalking and health care, including physical, mental, or behavioral health care’’ before the period at the end; (16) in subsection (g)— (A) by striking ‘‘$10,000,000’’ and insert- ing ‘‘$15,000,000’’; and (B) by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’; and HR 1620 RFS 89 (17) in subsection (h), by striking ‘‘herein’’ and ‘‘provided for’’.
SEC.

502.

MATERNAL MORTALITY OR MORBIDITY STUDY.
(a) STUDY.—The Secretary of Health and Human Services, in collaboration with the Center for Disease Con- trol and Prevention and in consultation with the Attorney General, the Director of the Indian Health Service, and other stakeholders (including community based organiza- tions), shall conduct a study on the whether victims of domestic violence, dating violence, sexual assault, or stalk- ing throughout the United States are more at risk of ma- ternal mortality or morbidity as a result of issues related to domestic violence, dating violence, sexual assault, or stalking.
(b) REPORTS.—Not later than 3 years after the date of enactment of this title, the Secretary of Health and Human Services, in consultation with the Attorney Gen- eral, the Director of the Indian Health Service, and other stakeholders (including community based organizations), shall report to Congress on the study conducted under subsection (a).
The report shall include: (1) An analysis of the extent in which domestic violence, dating violence, sexual assault, or stalking result in pregnancy related death.

 HR 1620 RFS 90 (2) An analysis of the impact of domestic vio- lence, dating violence, sexual assault or stalking on access to health care.
(3) A breakdown of individuals particularly im- pacted by domestic violence, dating violence, sexual assault, or stalking, by race and ethnicity.

(4) An analysis of the impact of domestic vio- lence, dating violence, sexual assault, or stalking on Tribal communities and among Native Americans.

(5) An assessment of the factors that increase risks for infant and maternal mortality or morbidity among survivors of domestic violence, dating vio- lence, sexual assault, or stalking.
(6) Recommendations for legislative or policy changes to help reduce infant and maternal mor- tality rates.

(7) Best practices to reduce pregnancy related deaths among survivors of domestic violence, dating violence, sexual assault, or stalking.

(8) Any other information on maternal mor- tality or morbidity the the Secretary determine ap- propriate to include in the report.
HR 1620 RFS 91 TITLE VI—SAFE HOMES FOR VICTIMS SEC.

601.

HOUSING PROTECTIONS FOR VICTIMS OF DOMES- TIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

(a) IN GENERAL.—Section 41411 of the Violence Against Women Act of 1994 (34 U.S.C.
12491) is amend- ed— (1) in subsection (a)— (A) in paragraph (1)(A), by striking ‘‘brother, sister,’’ and inserting ‘‘sibling,’’; (B) in paragraph (3)— (i) in subparagraph (A), by inserting before the semicolon at the end the fol- lowing: ‘‘including the direct loan program under such section’’; (ii) in subparagraph (D), by striking ‘‘the program under subtitle A of’’ and in- serting ‘‘the programs under’’; (iii) in subparagraph (I)— (I) by striking ‘‘sections 514, 515, 516, 533, and 538 of the Hous- ing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p–2)’’ and inserting ‘‘sections 514, 515, 516, HR 1620 RFS 92 533, 538, and 542 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, 1490p–2, 1490r)’’; and (II) by striking ‘‘and’’ at the end; (iv) in subparagraph (J), by striking the period at the end and inserting a semi- colon; and (v) by adding at the end the following: ‘‘(K) the provision of assistance from the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Fi- nancial Safety and Soundness Act of 1992 (12 U.S.C.
4501); ‘‘(L) the provision of assistance for hous- ing under the Comprehensive Service Programs for Homeless Veterans program under sub- chapter II of chapter 20 of title 38, United States Code; ‘‘(M) the provision of assistance for hous- ing and facilities under the grant program for homeless veterans with special needs under sec- tion 2061 of title 38, United States Code; ‘‘(N) the provision of assistance for perma- nent housing under the program for financial assistance for supportive services for very low- HR 1620 RFS 93 income veteran families in permanent housing under section 2044 of title 38, United States Code; ‘‘(O) housing assisted under the rent sup- plement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); ‘‘(P) the program under Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (34 U.S.C.

12351 et seq.
12351 et seq.

); and ‘‘(Q) any other Federal housing programs providing affordable housing to low- and mod- erate-income persons by means of restricted rents or rental assistance as identified by the appropriate agency.’’; and (C) by adding at the end the following: ‘‘(4) COLLABORATIVE APPLICANT.—The term ‘collaborative applicant’ has the meaning given the term in section 401 of the McKinney-Vento Home- less Assistance Act (42 U.S.C.

11360).
11360).

‘‘(5) CONTINUUM OF CARE.—The term ‘Con- tinuum of Care’ means the Federal program author- ized under subtitle C of title IV of the McKinney- Vento Homeless Assistance Act (42 U.S.C.

11381 et seq.).
HR 1620 RFS 94 ‘‘(6) COVERED HOUSING PROVIDER.—The term ‘covered housing provider’— ‘‘(A) means the individual or entity under a covered housing program that has responsi- bility for the administration or oversight of housing assisted under a covered housing pro- gram; and ‘‘(B) includes public housing agencies, sponsors, owners, mortgagors, managers, grant- ees under the Continuum of Care, State and local governments or agencies thereof, and non- profit or for-profit organizations or entities.
‘‘(7) DRUG-RELATED CRIMINAL ACTIVITY.—The term ‘drug-related criminal activity’ has the meaning given the term in section 3(b)(9) of the United States Housing Act of 1937 (42 U.S.C.

1437a(b)(9)).

‘‘(8) EMERGENCY SOLUTIONS GRANT.—The term ‘emergency solutions grant’ means a grant pro- vided under subtitle B of title IV of the McKinney- Vento Homeless Assistance Act (42 U.S.C.

11371 et seq.).
‘‘(9) EMERGENCY TRANSFER.—The term ‘emer- gency transfer’— HR 1620 RFS 95 ‘‘(A) except as provided under subpara- graph (B), means a transfer under subsection (e) from a unit of a covered housing provider to any other unit of the same principal, affil- iate, or management agent of the covered hous- ing provider; and ‘‘(B) with respect to a project funded under the Continuum of Care, means a transfer under subsection (e) to any unit of the same covered housing provider under the same cov- ered housing program.
‘‘(10) EXTERNAL REFERRAL.—The term ‘exter- nal referral’— ‘‘(A) except as provided under subpara- graph (B), means a referral provided to a vic- tim of domestic violence, dating violence, sexual assault, or stalking by a covered housing pro- vider to the applicable regional office of the De- partment of Housing and Urban Development to facilitate a move from a unit of a covered housing provider under the same or a different covered housing program; and ‘‘(B) with respect to a project funded under the Continuum of Care, including any local system funding by the Continuum of Care HR 1620 RFS 96 or a recipient or subrecipient of an Emergency Solutions Grant, means the facilitation of a move from a unit of a covered housing provider to a unit of a different covered housing provider under the same covered housing program.
‘‘(11) HUD REGIONAL OFFICE.—The term ‘HUD regional office’ means a regional office of the Department of Housing and Urban Development.

‘‘(12) NATIONAL VAWA VICTIMS RELOCATION POOL VOUCHER.—The term ‘National VAWA Vic- tims Relocation Pool voucher’ means a housing voucher provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C.

1437f(o)).
1437f(o)).

‘‘(13) PROGRAM PARTICIPANT.—The term ‘pro- gram participant’ means an individual (including an unaccompanied youth) or family who is assisted by programs under the McKinney-Vento Homeless As- sistance Act (42 U.S.C.

11360 et seq.
).’’; (2) in subsection (b), by amending paragraph (1) to read as follows: ‘‘(1) IN GENERAL.—A covered housing provider shall prioritize the safety of victims when making housing and housing-related decisions, including ad- missions, terminations of assistance, evictions, trans- HR 1620 RFS 97 fers, referrals, family break-ups, and income deter- minations.’’; (3) in subsection (b)(3)— (A) in the paragraph heading, by inserting after ‘‘CRIMINAL ACTIVITY’’ the following: ‘‘AND FAMILY BREAK-UP’’; (B) by amending subparagraph (A) to read as follows: ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND OCCUPANCY RIGHTS PROHIBITED.— ‘‘(i) IN GENERAL.—A tenant, program participant, or resident of a unit who is an unreported member of the household be- cause of domestic violence, dating violence, sexual assault, dating violence, or stalking shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity directly relating to domestic violence, dating violence, sex- ual assault, or stalking that is engaged in by a member of the household of the ten- ant, program participant, resident, or any guest or other person under the control of the tenant, program participant, or resi- HR 1620 RFS 98 dent, if the tenant, program participant, resident or an affiliated individual of the tenant, program participant, or resident is the victim or threatened victim of such do- mestic violence, dating violence, sexual as- sault, or stalking.
‘‘(ii) CRIMINAL ACTIVITY ENGAGED IN BY PERPETRATOR OF ABUSE.— ‘‘(I) IN GENERAL.—A tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic vio- lence, dating violence, sexual assault, dating violence, or stalking shall not be denied assistance, tenancy, or occu- pancy rights to housing assisted under a covered housing program solely on the basis of criminal activity, includ- ing drug-related criminal activity, en- gaged in by the perpetrator of the do- mestic violence, dating violence, sexual assault, or stalking.
‘‘(II) RULE OF CONSTRUC- TION.—Nothing in subclause (I) shall be construed to limit the authority to HR 1620 RFS 99 terminate assistance to a tenant or program participant or evict or termi- nate a tenant or program participant from housing assisted under a covered housing program if a public housing agency or an owner, recipient or sub- recipient, or a manager of the housing demonstrates an actual and imminent threat to other tenants, program par- ticipants, or individuals employed at or providing service to the housing if the assistance is not terminated or the tenant or program participant is not evicted.
‘‘(iii) REVIEW PRIOR TO TERMINATION FOR CURRENT PROGRAM PARTICIPANTS.— Before terminating assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant or program participant who is a victim of do- mestic violence, dating violence, sexual as- sault, or stalking on the basis of criminal activity of the tenant or program partici- pant, including drug-related criminal activ- ity— HR 1620 RFS 100 ‘‘(I) the covered housing provider shall consider— ‘‘(aa) the seriousness of the case; ‘‘(bb) the extent of partici- pation or culpability of the ten- ant or program participant, in- cluding whether the tenant or program participant was coerced by the perpetrator of the domes- tic violence, dating violence, sex- ual assault, or stalking; ‘‘(cc) whether the criminal activity was related to a symptom of a disability, including a sub- stance use disorder; ‘‘(dd) in cases involving drug-related criminal activity or criminal activity involving alcohol abuse, whether the tenant or pro- gram participant is participating in, or has successfully completed, a supervised drug or alcohol re- habilitation program, or has oth- HR 1620 RFS 101 erwise been rehabilitated success- fully; and ‘‘(ee) any other relevant mitigating circumstances; and ‘‘(II) the covered housing pro- gram shall provide the tenant or pro- gram participant with— ‘‘(aa) a written summary of the review conducted by the cov- ered housing program; and ‘‘(bb) an opportunity to in- voke the applicable grievance pol- icy of the covered housing pro- gram
 to dispute the findings of the review.’’; (C) in subparagraph (B)— (i) in the heading, by striking ‘‘BI- FURCATION’’ and inserting ‘‘FAMILY BREAK-UP’’; (ii) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; (iii) by inserting before clause (ii), as so redesignated, the following: ‘‘(i) IN GENERAL.—If a family break- up results from an occurrence of domestic HR 1620 RFS 102 violence, dating violence, sexual assault, or stalking, and the perpetrator no longer re- sides in the unit and was the sole tenant or program participant eligible to receive assistance under a covered housing pro- gram, the covered housing provider shall— ‘‘(I) provide any other tenant, program participant, or resident of the unit who is an unreported member of the household because of domestic violence, dating violence, sexual as- sault, dating violence, or stalking the opportunity to establish eligibility for the covered housing program; or ‘‘(II) provide a tenant, program participant, or resident described in subclause (I) with not less than 180 days— ‘‘(aa) to remain in the unit under the same terms and condi- tions as the perpetrator; and ‘‘(bb) find new housing or establish eligibility for another covered housing program.’’; HR 1620 RFS 103 (iv) in clause (ii), as so redesig- nated— (I) in the heading, by striking ‘‘IN GENERAL’’ and inserting ‘‘EVIC- TION’’; and (II) by inserting after ‘‘a public housing agency’’ the following: ‘‘, par- ticipating jurisdictions, grantees under the
 Continuum of Care, grantees,’’; and (v) by striking clause (iii), as so re- designated; (D) in subparagraph (C)— (i) in clause (iii), by striking ‘‘or’’ at the end; (ii) in clause (iv), by striking the pe- riod at the end and inserting ‘‘; or’’; and (iii) by adding at the end the fol- lowing: ‘‘(v) to be limited by any provision in the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.)
that provides less protection than subparagraph (A) for vic- tims of domestic violence, dating violence, sexual assault, or stalking.’’; and HR 1620 RFS 104 (E) by inserting after subparagraph (C) the following: ‘‘(D) EARLY TERMINATION.— ‘‘(i) IN GENERAL.—A covered housing provider shall permit a tenant or program participant assisted under the covered housing program to terminate the lease at any time prior to the end date of the lease, without penalty, if the tenant or program participant has been a victim of domestic violence, dating violence, sexual assault, or stalking and the tenant or program partici- pant— ‘‘(I) sends notice of the early lease termination to the landlord in writing prior to or within 3 days of vacating the premises unless a shorter notice period is provided for under State law; ‘‘(II)(aa) reasonably believes that the tenant or program participant is threatened with imminent harm if the tenant or program participant re- mains within the same dwelling unit subject to the lease; or HR 1620 RFS 105 ‘‘(bb) has experienced a sexual assault that occurred on the premises during the 90-day period preceding the request for lease termination; and ‘‘(III) provides a form of docu- mentation consistent with the require- ments outlined in subsection (c)(3).
‘‘(ii) RULE OF CONSTRUCTION.— Nothing in this subparagraph shall be con- strued to preclude any automatic termi- nation of a lease by operation of law.
Nothing in this subparagraph shall be con- strued to supersede any provision of any Federal, State, or local law regarding the early termination of leases that provides greater protection than this subsection for victims of domestic violence, dating vio- lence, sexual assault, or stalking.’’; (4) in subsection (c)(4), in the matter preceding subparagraph (A)— (A) by striking ‘‘Any information sub- mitted to a public housing agency or owner or manager’’ and inserting ‘‘Covered housing pro- viders shall ensure any information submitted’’; and HR 1620 RFS 106 (B) by inserting after ‘‘owner or manager’’ the following: ‘‘of housing assisted under a cov- ered housing program’’; (5) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subpara- graph (A), by striking ‘‘an applicant for or tenants of’’ and inserting ‘‘all individuals and families seeking housing or services from programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.

), all program participants of, all adult members of appli- cant households for, and all adult tenants of’’; and (ii) in subparagraph (D), by striking ‘‘guidance issued by the Secretary of Housing and Urban Development’’ and in- serting ‘‘title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.)
and any guidance issued by the appropriate agen- cies related to language access for persons with limited English proficiency’’; and (B) by adding at the end the following: HR 1620 RFS 107 ‘‘(3) TRANSLATION AND AVAILABILITY OF STANDARDIZED DOCUMENTS.—Each appropriate agency shall ensure that standardized documents re- lating to the implementation of this title are— ‘‘(A) translated into and made available in multiple languages and are available in formats accessible to persons with disabilities; and ‘‘(B) made accessible to covered housing providers within a reasonable time after adop- tion of the documents by the appropriate agen- cy.’’; (6) by amending subsection (e) to read as fol- lows: ‘‘(e) EMERGENCY TRANSFERS AND NATIONAL VAWA VICTIMS RELOCATION POOL POLICIES.— ‘‘(1) IN GENERAL.—A tenant, program partici- pant, or resident of a unit who is an unreported member of the household because of domestic vio- lence, dating violence, sexual assault, dating vio- lence, or stalking who is a victim of domestic vio- lence, dating violence, sexual assault, or stalking may apply for an emergency transfer or a National VAWA Victims Relocation Pool voucher, or both.
‘‘(2) RESPONSIBLE ENTITY.— HR 1620 RFS 108 ‘‘(A) EMERGENCY TRANSFERS.—A covered housing provider shall grant an emergency transfer to a tenant or program participant de- scribed in paragraph (1) if— ‘‘(i) the covered housing provider and the tenant or program participant deter- mine that a safe dwelling unit is available; and ‘‘(ii) the tenant or program partici- pant meets the eligibility criteria described in paragraph (3).
‘‘(B) VOUCHERS.—The Secretary of Hous- ing and Urban Development and a covered housing provider authorized to determine eligi- bility for National VAWA Victims Relocation Pool vouchers under policies and procedures es- tablished under subsection (f)(1) shall approve a National VAWA Victims Relocation Pool voucher for a tenant, program participant, or resident of a unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking described in paragraph (1) if the tenant, program participant, or resident meets HR 1620 RFS 109 the eligibility criteria described in paragraph (3).
‘‘(3) CRITERIA.— ‘‘(A) IN GENERAL.—The applicable respon- sible entity under paragraph (2) shall approve an application submitted by a tenant, program participant, or resident described in paragraph (1) for an emergency transfer, a National VAWA Victims Relocation Pool voucher, or both, if— ‘‘(i) the tenant, program participant, or resident expressly requests the emer- gency transfer or National VAWA Victims Relocation Pool voucher, or both, from the applicable responsible entity; and ‘‘(ii)(I) the tenant, program partici- pant, or resident reasonably believes that the tenant or program participant is threatened with imminent harm from fur- ther violence if the tenant or program par- ticipant remains within the same dwelling unit assisted under a covered housing pro- gram; or ‘‘(II) the tenant, program participant, or resident experienced a sexual assault HR 1620 RFS 110 that occurred on the premises during the 90-day period preceding the request for the emergency transfer or National VAWA Victims Relocation Pool voucher.
‘‘(B) GOOD STANDING.—Regardless of whether a tenant, program participant, or resi- dent is in good standing, the tenant, program participant, or resident retains the right to an emergency transfer or a National VAWA Vic- tims Relocation Pool voucher if the tenant, pro- gram participant, or resident otherwise meets the eligibility requirements in this subsection.
The tenant, program participant, or resident shall also meet the eligibility requirements of the program to which the tenant, program par- ticipant, or resident intends to transfer unless the eligibility requirement is waived by the cov- ered housing program.
‘‘(4) POLICIES.—Each appropriate agency shall, in the timeframe outlined in subsection (f)(2), adopt emergency transfer, external referral, and National VAWA Victim Relocation Pool voucher policies for use by covered housing programs, which shall— ‘‘(A) reflect the variations in program op- eration and administration by covered housing HR 1620 RFS 111 program type and are in accordance with the Secretary of Housing and Urban Development’s National VAWA Victims Relocation Pool vouch- ers policies and procedures issued within the timeframe outlined in subsection (f)(1); ‘‘(B) at a minimum, describe a process that— ‘‘(i) permits tenants, program partici- pants, or residents who are victims of do- mestic violence, dating violence, sexual as- sault, or stalking to move to another avail- able and safe dwelling quickly through an emergency transfer, a National VAWA Vic- tims Relocation Pool voucher, or an exter- nal referral; and ‘‘(ii) provides that the tenant, pro- gram participant, or resident can request an emergency transfer or a National VAWA Victims Relocation Pool voucher, or both, whichever is safe and available for the tenant, program participant, or resi- dent; and ‘‘(C) with respect to a request for an emer- gency transfer, provide that— HR 1620 RFS 112 ‘‘(i) not later than 5 days after the date on which a covered housing provider receives an emergency transfer request from a tenant or program participant, the covered housing provider shall determine whether the
 tenant or program participant can be transferred to a safe and available unit; ‘‘(ii) if a safe unit is available, an emergency transfer shall occur not later than 10 days after the date on which the covered housing provider approves the re- quest; ‘‘(iii) if a safe unit is not available, the covered housing provider shall provide to the tenant or program participant— ‘‘(I) a written status report re- garding the status of the emergency transfer request of the tenant or pro- gram participant; and ‘‘(II) information about National VAWA Victims Relocation Pool vouchers; and ‘‘(iv) if the emergency transfer re- quest has been denied due to reasons unre- HR 1620 RFS 113 lated to the availability of a safe and suit- able unit, the tenant or program partici- pant may appeal the decision through the applicable grievance or hearing process of the covered housing provider; ‘‘(D) with respect to a request for a Na- tional VAWA Victims Relocation Pool vouch- er— ‘‘(i) the request may be made to the Secretary of Housing and Urban Develop- ment by a tenant; program participant; resident of the unit who is an unreported member of the household because of do- mestic violence, dating violence, sexual as- sault, dating violence, or stalking; a col- laborative applicant of the local Continuum of Care or designee of the collaborative ap- plicant; Emergency Solutions Grant recipi- ent or subrecipient; a public housing agen- cy; or the covered housing provider; and ‘‘(ii) not later than 10 days after the date on which the Secretary of Housing and Urban Development receives a request for a National VAWA Victims Relocation Pool voucher and the selected relocation
Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 HR 1620 RFS 114 jurisdiction of the tenant or program par- ticipant, the Secretary shall process the re- quest and refer administration of the Na- tional VAWA Victims Relocation Pool voucher to the appropriate public housing agency of the selected jurisdiction of the tenant; program participant; or resident of the unit who is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating vio- lence, or stalking; ‘‘(E) allow a victim of domestic violence dating violence, sexual assault, or stalking to temporarily relocate, while maintaining eligi- bility for the covered housing program without the loss of their housing status, if there are no alternative comparable housing program units available, until an emergency transfer, a Na- tional VAWA Victims Relocation Pool voucher, or an external referral resulting in comparable safe housing is obtained; ‘‘(F) mandate that emergency transfers take priority over non-emergency transfers; ‘‘(G) mandate that emergency transfers are not considered new applicants and take pri- HR 1620 RFS 115 ority over existing external waiting lists for a covered housing program; ‘‘(H) incorporate confidentiality measures to ensure that the appropriate agency and the covered housing provider do not disclose any in- formation regarding a tenant, program partici- pant, or resident who is victim of domestic vio- lence, dating violence, sexual assault, or stalk- ing, including the location of a new dwelling unit to any person or entity without the time- limited written authorization of the tenant or program
 participant, and communication by a covered housing provider with a victim must be in a form and manner that the victim deter- mines to be safe; and ‘‘(I) mandate that when a tenant or pro- gram participant submits an emergency trans- fer request to a covered housing provider, the covered housing provider shall provide contact information for— ‘‘(i) local organizations offering assist- ance to tenants and other housing pro- viders who may have safe and available housing; or HR 1620 RFS 116 ‘‘(ii) contact information for the re- gional HUD office or applicable public housing agency.
‘‘(5) DUTIES OF COLLABORATIVE APPLICANTS OF A LOCAL CONTINUUM OF CARE.—In addition to adopting the policies described in paragraph (4) in an emergency transfer policy, the collaborative appli- cant of each local Continuum of Care, or a designee of the collaborative applicant, shall— ‘‘(A) coordinate and facilitate emergency transfers and external referrals across projects funded under the Continuum of Care; ‘‘(B) prioritize an external referral across projects funded under the Continuum of Care for the next available safe housing option for which a tenant or program participant may be eligible; ‘‘(C) coordinate external referrals with the collaborative applicant of the local Continuum of Care, or designee of the collaborative appli- cant, in other jurisdictions in cases where a ten- ant or program participant requests an out-of- jurisdiction transfer; ‘‘(D) ensure that a tenant or program par- ticipant is not required to be reassessed and re- HR 1620 RFS 117 tains chronically homeless status, if applicable, through the local Continuum of Care intake process when seeking an emergency transfer or external referral placement; and ‘‘(E) ensure costs associated with tem- porary relocations described in paragraph (4) are considered eligible costs of supportive serv- ices under the Continuum of Care program.
‘‘(6) REGIONAL OFFICES.—Each HUD regional office shall— ‘‘(A) in collaboration with public housing agencies and the entities described in paragraph (2), develop and implement a regional emer- gency transfer and external referral plan, which shall— ‘‘(i) set forth how covered housing providers shall coordinate external referrals with the HUD regional office; ‘‘(ii) be submitted to the Violence Against Women Director described in sec- tion 41413 and made publicly available; and ‘‘(iii) include any additional policies, priorities, and strategies set by the entities described in paragraph (5); and HR 1620 RFS 118 ‘‘(B) in consultation with the Violence Against Women Director described in section 41413, facilitate external referral requests for tenants or program participants who are vic- tims of domestic violence, dating violence, sex- ual assault, or stalking if the tenant or program participant cannot obtain an emergency trans- fer or a National VAWA Victims Relocation Pool voucher.
‘‘(7) COVERED HOUSING PROVIDERS.—Each covered housing provider shall develop and imple- ment an emergency transfer and external referral plan consistent with the requirements in paragraph (4) or (5).’’; (7) by amending subsection (f) to read as fol- lows: ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY TRANSFER AND NATIONAL VAWA VICTIMS RELOCATION POOL VOUCHERS.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2021, the Sec- retary of Housing and Urban Development shall es- tablish policies and procedures under which a ten- ant, program participant, or resident of a unit who HR 1620 RFS 119 is an unreported member of the household because of domestic violence, dating violence, sexual assault, dating violence, or stalking may receive, under sub- section (e), subject to the availability of funds, a Na- tional VAWA Victims Relocation Pool voucher.
‘‘(2) APPROPRIATE AGENCIES.—Not later than 180 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2021, the head of each appropriate agency shall establish the policies required under subsection (e) with re- spect to emergency transfers and external referrals.
Each appropriate agency shall also establish agency- specific policies and procedures in accordance with the Secretary of Housing and Urban Development’s National VAWA Victims Relocation Pool vouchers policies and procedures.’’; (8) by redesignating subsection (g) as sub- section (h); (9) by inserting after subsection (f) the fol- lowing: ‘‘(g) TRAINING AND REFERRALS.— ‘‘(1) TRAINING FOR STAFF OF COVERED HOUS- ING PROGRAMS.— ‘‘(A) IN GENERAL.—The Secretary of Housing and Urban Development, in partner- HR 1620 RFS 120 ship with domestic and sexual violence experts, shall develop mandatory in-person or electronic training for staff of covered housing providers to provide a basic understanding of domestic vi- olence, dating violence, sexual assault, and stalking, and to facilitate implementation of this section.
‘‘(B) APPROPRIATE STAFF.—Each covered housing provider shall identify— ‘‘(i) appropriate staff to attend the basic understanding training described in subparagraph (A) periodically; and ‘‘(ii) appropriate staff engaged in ten- ant, program participant, or resident serv- ices to attend both the basic understanding training and the implementation training described in subparagraph (A) as nec- essary.
‘‘(2) REFERRALS.—The appropriate agency with respect to each covered housing program and the local Continuum of Care shall supply all appro- priate staff of the covered housing providers with a referral listing of public contact information for all domestic violence, dating violence, sexual assault, HR 1620 RFS 121 and stalking service providers offering services in its coverage area.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2022 through 2026.’’; and (10) by inserting after subsection (h), as so re- designated, the following: ‘‘(i) RULES OF CONSTRUCTION.—Nothing in this sec- tion shall be construed— ‘‘(1) to limit any right, remedy, or procedure otherwise available to enforce the Violence Against Women Act of 2005 (Public Law 109–162; 119 Stat.
2960) and subsequent amendments prior to the date of enactment of the Violence Against Women Act Reauthorization Act of 2021; or ‘‘(2) to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.’’.

(b) NATIONAL VAWA VICTIMS RELOCATION POOL VOUCHERS.—Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding 24 at the end the following: HR 1620 RFS 122 ‘‘(21) NATIONAL VAWA VICTIMS RELOCATION POOL VOUCHERS.— ‘‘(A) IN GENERAL.—The Secretary shall set aside, from amounts made available for rental assistance under this subsection, amounts for use only for providing such assist- ance for the creation of a National VAWA Vic- tims Relocation Pool, which shall provide rental assistance on behalf of tenants, program par- ticipants, or residents who are victims of do- mestic violence, dating violence, sexual assault, and stalking eligible for assistance under sec- tion 41411(e) of the Violence Against Women Act of 1994 (34 U.S.C.
12491(e)).

‘‘(B) TERMINATION OF VOUCHERS UPON TURNOVER.—A public housing agency shall not reissue assistance that is made available from appropriated funds under this subsection for a tenant, program participant, or resident when the assistance for the tenant, program partici- pant, or resident is lawfully terminated, unless specifically authorized by the Secretary.
‘‘(C) AUTHORIZATION OF APPROPRIA- TIONS.—Beginning in fiscal year 2022 and each fiscal year thereafter, there are authorized to be HR 1620 RFS 123 appropriated $20,000,000 to provide vouchers for rental assistance under this paragraph.’’.

SEC.

602.
SEC.

602.

ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING RETALIATION AGAINST VIC- TIMS.

Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C.

12491 et seq.)

is amended by inserting after section 41411 the following: ‘‘SEC.

41412.

COMPLIANCE REVIEWS.
‘‘(a) REGULAR COMPLIANCE REVIEWS.— ‘‘(1) IN GENERAL.—Each appropriate agency shall establish a process by which to review compli- ance with the requirements of this subtitle, which shall— ‘‘(A) in consultation with the Violence Against Women Director described in section 41413 and any other relevant officials of the appropriate agency, be incorporated into other existing compliance review processes of the ap- propriate agency; and ‘‘(B) examine— ‘‘(i) covered housing provider compli- ance with requirements prohibiting the de- nial of assistance, tenancy, or occupancy HR 1620 RFS 124 rights on the basis of domestic violence, dating violence, sexual assault, or stalking; ‘‘(ii) covered housing provider compli- ance with confidentiality provisions set forth in section 41411(c)(4); ‘‘(iii) covered housing provider compli- ance with the notification requirements set forth in section 41411(d)(2); ‘‘(iv) covered housing provider compli- ance with accepting documentation set forth in section 41411(c); ‘‘(v) covered housing provider compli- ance with emergency transfer, external re- ferral, and National VAWA Victims Relo- cation Pool Voucher requirements set forth in section 41411(e); and ‘‘(vi) covered housing provider compli- ance with the prohibition on retaliation set forth in section 41414.
‘‘(2) FREQUENCY.—Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency.
‘‘(b) REGULATIONS.—Not later than 1 year after the date of enactment of the Violence Against Women Act Re- HR 1620 RFS 125 authorization Act of 2021, each appropriate agency shall issue regulations to implement subsection (a), which shall— ‘‘(1) define standards of compliance for covered housing providers; ‘‘(2) include detailed reporting requirements, in- cluding the number of emergency transfers, external referrals, and National VAWA Victims Relocation Pool vouchers requested and granted, as well as the length of time needed to process emergency trans- fers, National VAWA Victims Relocation Pool vouchers, and external referrals; and ‘‘(3) include standards for corrective action plans where a covered housing provider has failed to meet compliance standards.
‘‘(c) PUBLIC DISCLOSURE.—Each appropriate agen- cy shall ensure that an agency-level assessment of the in- formation collected during the compliance review process completed pursuant to this subsection— ‘‘(1) includes an evaluation of each topic identi- fied in subsection (a); and ‘‘(2) is made publicly available.
HR 1620 RFS 126 ‘‘SEC.

41413.

DEPARTMENT OF HOUSING AND URBAN DE- VELOPMENT VIOLENCE AGAINST WOMEN DI- RECTOR.
‘‘(a) ESTABLISHMENT.—There shall be, within the Office of the Secretary of the Department of Housing and Urban Development, a Violence Against Women Director (in this section referred to as the ‘Director’).
‘‘(b) DUTIES.—The Director shall— ‘‘(1) support implementation of the provisions of this subtitle; ‘‘(2) coordinate development of Federal regula- tions, policy, protocols, and guidelines on matters re- lating to the implementation of this subtitle, at each agency administering a covered housing program; ‘‘(3) advise and coordinate with designated offi- cials within the United States Interagency Council on Homelessness, the Department of Housing and Urban Development, the Department of the Treas- ury, the Department of Agriculture, the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice concerning legislation, implementation, and other issues relating to or affecting the housing provisions under this subtitle; ‘‘(4) provide technical assistance, coordination, and support to each appropriate agency regarding 26 HR 1620 RFS 127 advancing housing protections and access to housing for victims of domestic violence, dating violence, sex- ual assault, and stalking, including compliance with this subtitle; ‘‘(5) ensure that adequate technical assistance is made available to covered housing providers re- garding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sex- ual assault, and stalking, including compliance with this subtitle; ‘‘(6) act as a liaison with the judicial branches of Federal, State, and local governments on matters relating to the housing needs of victims of domestic violence, dating violence, sexual assault, and stalk- ing; ‘‘(7) implement a quality control system and a corrective action plan system for those covered hous- ing providers that fail to comply with this subtitle, wherein— ‘‘(A) covered housing
 providers completing corrective action plans shall be required to con- sult with national, State, or local programs fo- cused on victims of domestic violence, dating vi- olence, sexual assault, or stalking; and HR 1620 RFS 128 ‘‘(B) the corrective action plans shall in- clude provisions requiring covered housing pro- viders to review and develop appropriate no- tices, procedures, and staff training to improve compliance with this subtitle, in consultation with national, State, or local programs focused on victims described in subparagraph (A); ‘‘(8) establish a formal reporting process to re- ceive individual complaints concerning noncompli- ance with this subtitle; ‘‘(9) coordinate the development of interagency guidelines to improve the availability of centralized information concerning available dwelling units for use in facilitating the emergency transfer process; ‘‘(10) coordinate the process for tracking of re- quests, notice, and approval of National VAWA Vic- tims Relocation Pool vouchers, and further imple- ment, as necessary, any policies or procedures relat- ing to the National VAWA Victims Relocation Pool vouchers; ‘‘(11) work with HUD regional offices to de- velop a mechanism to implement regional external referral plans and officials at each appropriate agen- cy relating to the development of Federal regula- tions, policy, protocols, and guidelines regarding uni- HR 1620 RFS 129 form timeframes for the completion of emergency transfers, National VAWA Victims Relocation
 Pool vouchers, and external referrals; ‘‘(12) coordinate with each appropriate agency to ensure that standardized documents relating to the implementation of this title are translated into and made available in multiple languages, are acces- sible to persons with disabilities, and made acces- sible to covered housing providers within a reason- able time upon adoption of the documents by the ap- propriate agency; ‘‘(13) ensure that the documents described in paragraph (11), including guidance and notices to victims, are distributed in commonly encountered languages by covered housing providers consistent with title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.)

and any guidance issued by the appropriate agencies in accordance with Execu- tive Order 13166 (42 U.S.C.

2000d–1 note; relating to access to services for persons with limited English proficiency); and ‘‘(14) in consultation with each appropriate agency, identify existing compliance review processes that could incorporate the compliance reviews re- quired under section 41412(a).
HR 1620 RFS 130 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2026.

‘‘SEC.

41414.

PROHIBITION ON RETALIATION.


‘‘(a) NONDISCRIMINATION REQUIREMENT.—No cov- ered housing provider shall discriminate against any per- son because that person has opposed any act or practice made unlawful by this subtitle, or because that individual 10 testified, assisted, or participated in any matter related 11 to this subtitle.
‘‘(b) PROHIBITION ON COERCION.—No covered hous- ing provider shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other individual in the exercise or enjoy- ment of, any rights or protections under this subtitle, in- 19 cluding— 20 21 22 23 ‘‘(1) intimidating or threatening any person be- cause that person is assisting or encouraging an in- dividual entitled to claim the rights or protections under this subtitle; and HR 1620 RFS 131 ‘‘(2) retaliating against any person because that person has participated in any investigation or ac- tion to enforce this subtitle.
‘‘(c) ENFORCEMENT AUTHORITY OF THE ATTORNEY GENERAL AND THE SECRETARY.—The authority of the Attorney General, the Secretary of Housing and Urban Development, and the Office for Fair Housing and Equal Opportunity to enforce this section shall be the same as the Fair Housing Act (42 U.S.C.

3610 et seq.).’’.

SEC.

603.

PROTECTING THE RIGHT TO REPORT CRIME FROM ONE’S HOME.

(a) IN GENERAL.—Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C.

12491 et seq.
12491 et seq.

), as amended by this Act, is further amend- ed by inserting after section 41414 the following: ‘‘SEC.

41415.

RIGHT TO REPORT CRIME AND EMERGENCIES FROM ONE’S HOME.

‘‘(a) DEFINITION.—In this section, the term ‘covered governmental entity’ means any municipal, county, or State government that receives funding under section 106 of the Housing and Community Development Act of 1974 22 (42 U.S.C.

5306).
23 ‘‘(b) RIGHT TO REPORT.— HR 1620 RFS 132 ‘‘(1) IN GENERAL.—Landlords, homeowners, residents, occupants, and guests of, and applicants for, housing— ‘‘(A) shall have the right to seek law en- forcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and ‘‘(B) shall not be penalized based on their requests for assistance or based on criminal ac- tivity of which they are a victim or otherwise not at fault under statutes, ordinances, regula- tions, or policies adopted or enforced by covered governmental entities.
‘‘(2) PROHIBITED PENALTIES.—Penalties that are prohibited under paragraph (1) include— ‘‘(A) actual or threatened assessment of penalties, fees, or fines; ‘‘(B) actual or threatened eviction; ‘‘(C) actual or threatened refusal to rent or renew tenancy; ‘‘(D) actual or threatened refusal to issue an occupancy permit or landlord permit; and ‘‘(E) actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.
HR 1620 RFS 133 ‘‘(c) REPORTING.—Consistent with the process de- scribed in section 104(b) of the Housing and Community Development Act of 1974 (42 U.S.C.
5304(b)), covered governmental entities shall— ‘‘(1) report any of their laws or policies, or, as applicable, the laws or policies adopted by sub- grantees, that impose penalties on landlords, home- owners, residents, occupants, guests, or housing ap- plicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and ‘‘(2) certify that they are in compliance with the protections under this subtitle or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to en- sure compliance among subgrantees.
‘‘(d) OVERSIGHT.—Oversight and accountability mechanisms provided for under title VIII of the Civil Rights Act of 1968 (42 U.S.C.

3601 et seq.)

shall be avail- able to address violations of this section.
‘‘(e) SUBGRANTEES.—For those covered govern- mental entities that distribute funds to subgrantees, com- pliance with subsection (c)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, residents, oc- HR 1620 RFS 134 cupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property.’’.
(b) SUPPORTING EFFECTIVE CRIME REDUCTION METHODS.— (1) ADDITIONAL AUTHORIZED USE OF BYRNE- JAG FUNDS.—Section 501(a)(1) of subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10152(a)(1)) is amended by adding after subparagraph (H) the fol- lowing: ‘‘(I) Programs for the development and im- plementation of methods of reducing crime in communities, to supplant punitive programs or policies.
For purposes of this subparagraph, a punitive program or policy is a program or pol- icy that— ‘‘(i) imposes a penalty described in section 41415(b)(2) of the Violence Against Women Act of 1994 on the basis of a request for law enforcement or emer- gency assistance; or ‘‘(ii) imposes a penalty described in section 41415(b)(2) of the Violence Against Women Act of 1994 on a landlord, HR 1620 RFS 135 homeowner, tenant, program participant, resident, occupant, or guest because of criminal activity at the property, including domestic violence dating violence, sexual assault, and stalking, where the landlord, homeowner, tenant, program participant, resident, occupant, or guest was a victim of such criminal activity.’’.
(2) ADDITIONAL AUTHORIZED USE OF COPS FUNDS.—Section 1701(b) of part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)) is amended— (A) in paragraph (22), by striking ‘‘and’’ after the semicolon; (B) in paragraph (23), by striking the pe- riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(24) to develop and implement methods of re- ducing crime in communities, to supplant punitive programs or policies (as such term is defined in sec- tion 501(a)(1)(I)).

‘‘(25) To develop of statewide databases with information on where sexual assault nurse examiners are located.’’.
HR 1620 RFS SEC.

604.

TRANSITIONAL HOUSING ASSISTANCE GRANTS 136 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT- ING VIOLENCE, SEXUAL ASSAULT, OR STALK- ING.

Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C.
12351) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking ‘‘the Director of the Vio- lence Against Women Office’’ and inserting ‘‘the Director of the Office on Violence Against Women’’; and (B) by inserting after ‘‘, other nonprofit, nongovernmental organizations’’ the following: ‘‘, population-specific organizations’’; and (2) in subsection (g)— (A) in paragraph (1), by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’; (B) in paragraph (2), by striking ‘‘5 per- cent’’ and inserting ‘‘8 percent’’; and (C) in paragraph (3)(B), by striking ‘‘0.25 percent’’ and inserting ‘‘0.5 percent’’.
HR 1620 RFS 137 SEC.

605.

ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

(a) MCKINNEY-VENTO HOMELESS ASSISTANCE GRANTS.—Section 423(a) of the McKinney-Vento Home- less Assistance Act (42 U.S.C.
11383(a)) is amended by adding at the end the following: ‘‘(13) Facilitating and coordinating activities to ensure compliance with subsection (e) of section 41411 of the Violence Against Women Act of 1994 (34 U.S.C.

12491) and monitoring compliance with the confidentiality protections of subsection (c)(4) of such section.’’.

(b) COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM STABILITY OF VICTIMS.—Section 41404(i) of the Violence Against Women Act of 1994 (34 U.S.C.
12474(i)) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

(c) GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND ASSISTED HOUSING.—Section 41405 of the Violence Against Women Act of 1994 (34 U.S.C.
12475) is amended— 23 24 25 26 (1) in subsection (b), by striking ‘‘the Director of the Violence Against Women Office’’ and insert- ing ‘‘the Director of the Office on Violence Against Women’’; HR 1620 RFS 138 (2) in subsection (c)(2)(D), by inserting after ‘‘linguistically and culturally specific service pro- viders,’’ the following: ‘‘population-specific organiza- tions,’’; and (3) in subsection (g), by striking ‘‘2014 through 2018’’ and inserting the following: ‘‘2022 through 2026’’.
SEC.

606.

UNITED STATES HOUSING ACT OF 1937 AMEND- MENTS.

Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C.
1437c–1(d)) is amended— (1) by amending paragraph (13) to read as fol- lows: ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING PROGRAMS.— ‘‘(A) COPIES.—A copy of— ‘‘(i) all standardized notices issued pursuant to the housing protections under subtitle N of the Violence Against Women Act of 1994, including the notice required under section 41411(d) of the Violence Against Women Act of 1994; ‘‘(ii) the emergency transfer plan issued pursuant to section 41411 of the Violence Against Women Act of 1994; and HR 1620 RFS 139 ‘‘(iii) any and all memoranda of un- derstanding with other covered housing providers developed to facilitate emergency transfers under section 41411(e) of the Vi- olence Against Women Act of 1994.
‘‘(B) DESCRIPTIONS.—A description of— ‘‘(i) any activities, services, or pro- grams provided or offered by an agency, ei- ther directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sex- ual assault, or stalking; ‘‘(ii) any activities, services, or pro- grams provided or offered by a public housing agency that helps child and adult victims of domestic violence, dating vio- lence, sexual assault, or stalking, to obtain or maintain housing; ‘‘(iii) any activities, services, or pro- grams provided or offered by a public housing agency to prevent domestic vio- lence, dating violence, sexual assault, and stalking, or to enhance victim safety in as- sisted families; and HR 1620 RFS 140 ‘‘(iv) all training and support services offered to staff of the public housing agen- cy to provide a basic understanding of do- mestic violence, dating violence, sexual as- sault, and stalking, and to facilitate imple- mentation of the housing protections of section 41411 of the Violence Against Women Act of 1994.’’; and (2) in paragraph (16), by inserting ‘‘the Vio- lence Against Women Act of 1994,’’ before ‘‘the Fair Housing Act’’.
TITLE VII—ECONOMIC SECURITY FOR VICTIMS SEC.

701.

FINDINGS.

Congress finds the following: (1) Over 1 in 3 women experience sexual vio- lence, and 1 in 5 women have survived completed or attempted rape.

Such violence has a devastating im- pact on women’s physical and emotional health, fi- nancial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security.
(2) The Office on Violence Against Women of the Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship HR 1620 RFS 141 that is used by one intimate partner to gain or maintain power and control over another intimate partner.
Domestic violence can include physical, sex- ual, emotional, economic, or psychological actions or threats of actions that influence another person.

Do- mestic violence includes any behaviors that intimi- date, manipulate, humiliate, isolate, frighten, ter- rorize, coerce, threaten, blame, hurt, injure, or wound an individual.
(3) The Centers for Disease Control and Pre- vention report that domestic violence or intimate partner violence is a serious public health issue for millions of individuals in the United States.

Nearly 1 in 4 women and 1 in 9 men in the United States have suffered sexual violence, physical violence, or stalking by an intimate partner.

(4) Transgender and gender non-conforming people face extraordinary levels of physical and sex- ual violence.
(5) More than 1 in 4 transgender people have faced bias-driven assault, and this rate is higher for trans women and trans people of color.
(6) The American Foundation for Suicide Pre- vention has found that transgender and gender non- conforming people had an elevated prevalence of sui- HR 1620 RFS 142 cide attempts, especially when they have suffered physical or sexual violence.
(7) Studies have found that individuals living in rural areas facing intimate partner violence often face barriers to accessing resources, ranging from health care to the criminal justice system.

(8) Homicide is one of the leading causes of death for women on the job.

Domestic partners or relatives commit 43 percent of workplace homicides against women.
One study found that intimate part- ner violence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 work- place homicides among women during the period.

In fact, in 2010, homicides against women at work in- creased by 13 percent despite continuous declines in overall workplace homicides in recent years.
(9) Women in the United States are 11 times more likely to be murdered with guns than women in other high-income countries.

Female intimate partners are more likely to be murdered with a fire- arm than all other means combined.

The presence of a gun in domestic violence situations increases the risk of homicide for women by 500 percent.
HR 1620 RFS 143 (10) Violence can have a dramatic impact on the survivor of such violence.
Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, and 64 percent indicated their workplace performance was affected by such violence.

Another recent survey found that 78 percent of offenders used workplace resources to express anger, check up on, pressure, or threaten a survivor.
Sexual assault, whether occur- ring in or out of the workplace, can impair an em- ployee’s work performance, require time away from work, and undermine the employee’s ability to main- tain a job.

Nearly 50 percent of sexual assault sur- vivors lose their jobs or are forced to quit in the aftermath of the assaults.

(11) Studies find that 60 percent of single women lack economic security and 81 percent of households with single mothers live in economic inse- curity.
Significant barriers that survivors confront include access to housing, transportation, and child care.

Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent of such women cite domestic violence as the direct cause for homelessness.
Survivors are deprived HR 1620 RFS 144 of their autonomy, liberty, and security, and face tremendous threats to their health and safety.
(12) The Centers for Disease Control and Pre- vention report that survivors of severe intimate part- ner violence lose nearly 8 million days of paid work, which is the equivalent of more than 32,000 full- time jobs and almost 5,600,000 days of household productivity each year.

Therefore, women dispropor- tionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding housing, to avoid or prevent further violence.
(13) Annual costs of intimate partner violence are estimated to be more than $8,300,000,000.

Ac- cording to the Centers for Disease Control and Pre- vention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000.

These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity.
These statistics are generally considered to be underestimated be- cause the costs associated with the criminal justice system are not included.
HR 1620 RFS 145 (14) Fifty-five percent of senior executives re- cently surveyed said domestic violence has a harmful effect on their company’s productivity, and more than 70 percent said domestic violence negatively af- fects attendance.
Seventy-eight percent of human re- sources professionals consider partner violence a workplace issue.

However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence.

In fact, only four percent of em- ployers provided training on domestic violence.
(15) Studies indicate that one of the best pre- dictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence.

However, domestic vio- lence, dating violence, sexual assault, and stalking often negatively impact a survivor’s ability to main- tain employment.
(16) Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their part- ners at work, limiting their partners’ access to cash or transportation, and sabotaging their partners’ child care arrangements.
HR 1620 RFS 146 (17) Economic abuse refers to behaviors that control an intimate partner’s ability to acquire, use, and maintain access to, money, credit, ownership of assets, or access to governmental or private financial benefits, including defaulting on joint obligations (such as school loans, credit card debt, mortgages, or rent).
Other forms of such abuse may include pre- venting someone from attending school, threatening to or actually terminating employment, controlling or withholding access to cash, checking, or credit ac- counts, and attempting to damage or sabotage the creditworthiness of an intimate partner, including forcing an intimate partner to write bad checks, forcing an intimate partner to default on payments related to household needs, such as housing, or forc- ing an intimate partner into bankruptcy.
(18) The Patient Protection and Affordable Care Act (Public Law 111–148), and the amend- ments made by such Act, ensures that most health plans must cover preventive services, including screening and counseling for domestic violence, at no additional cost.

In addition, it prohibits insurance companies from discriminating against patients for preexisting conditions, like domestic violence.
HR 1620 RFS 147 (19) Yet, more can be done to help survivors.
Federal law in effect on the day before the date of enactment of this Act does not explicitly— (A) authorize survivors of domestic vio- lence, dating violence, sexual assault, or stalk- ing to take leave from work to seek legal assist- ance and redress, counseling, or assistance with safety planning activities; (B) address the eligibility of survivors of domestic violence, dating violence, sexual as- sault, or stalking for unemployment compensa- tion; (C) provide job protection to survivors of domestic violence, dating violence, sexual as- sault, or stalking; or (D) prohibit insurers from disclosing infor- mation about abuse and the location of the sur- vivors through insurance databases and other means.
(20) This Act aims to empower survivors of do- mestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and con- trol, which restrains basic human rights to freedom and safety in the United States.

1 HR 1620 RFS 148 SEC.

702.
702.

NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMES- TIC AND SEXUAL VIOLENCE.

Section 41501 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12501) is amend- ed— (1) in subsection (a)— (A) by inserting ‘‘and sexual harassment’’ after ‘‘domestic and sexual violence’’; and (B) by striking ‘‘employers and labor orga- nizations’’ and inserting ‘‘employers, labor or- ganizations, and victim service providers’’; (2) in subsection (b)— (A) in paragraph (2), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (3)— (i) by striking ‘‘and stalking’’ and in- serting ‘‘stalking, and sexual harassment’’; and (ii) by striking the period at the end and inserting a semicolon; (C) by adding the following new para- graph: ‘‘(4) a plan to enhance the capacity of survivors to obtain and maintain employment to include the implementation of a demonstration pilot program 26 HR 1620 RFS 149 ‘Pathways to Opportunity’ which builds collabora- tions between and among victim service providers, workforce development programs, and educational and vocational institutions to provide trauma in- formed programming to support survivors seeking employment and centered around culturally specific organizations or organizations that primarily serve populations traditionally marginalized in the work- place.’’; (3) in subsection (c)(1), by inserting before the period at the end ‘‘or sexual harassment’’; (4) in subsection (c)(2)(A), by inserting ‘‘or sexual harassment’’ after ‘‘sexual violence’’; and (5) in subsection (e), by striking ‘‘$1,000,000 for each of fiscal years 2014 through 2018’’ and in- serting ‘‘$2,000,000 for each of fiscal years 2022 through 2026’’.
SEC.

703.

PROVISIONS RELATED TO UNEMPLOYMENT COM- PENSATION AND THE TEMPORARY ASSIST- ANCE FOR NEEDY FAMILIES PROGRAM.
(a) UNEMPLOYMENT COMPENSATION.— (1) SURVIVORS OF DOMESTIC VIOLENCE.—Sec- tion 3304(a) of the Internal Revenue Code of 1986 is amended by striking ‘‘and’’ at the end of para- graph (18), by redesignating paragraph (19) as HR 1620 RFS 150 paragraph (21), and by inserting after paragraph (18) the following new paragraph: ‘‘(19) no person may be denied compensation under such State law solely on the basis of the indi- vidual having a voluntary separation from work if such separation is attributable to such individual being a survivor of domestic violence;’’.
(2) VICTIMS OF SEXUAL HARASSMENT AND SURVIVORS OF SEXUAL ASSAULT OR STALKING.— Section 3304(a) of the Internal Revenue Code of 1986 is further amended by inserting after para- graph (19), as added by paragraph (1) of this sub- section, the following new paragraph: ‘‘(20) no person may be denied compensation under such State law solely on the basis of the indi- vidual having a voluntary separation from work if such separation is attributable to such individual being a victim of sexual harassment or a survivor of sexual assault or stalking; and’’.
(3) DOCUMENTATION REQUIRED.—Section 3304 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: HR 1620 RFS 151 ‘‘(g) VICTIMS OF SEXUAL HARASSMENT AND SUR- VIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING.— ‘‘(1) DOCUMENTATION.—For purposes of para- graphs (19) and (20) of subsection (a), a voluntary separation of an individual shall be considered to be attributable to such individual being a victim of sex- ual harassment or a survivor of domestic violence, sexual assault, or stalking if such individual submits such evidence as the State deems sufficient.
‘‘(2) SUFFICIENT DOCUMENTATION.—For pur- poses of paragraph (1), a State shall deem suffi- cient— ‘‘(A) evidence of such sexual harassment, domestic violence, sexual assault, or stalking in the form of— ‘‘(i) a sworn statement and a form of identification; ‘‘(ii) a police or court record; or ‘‘(iii) documentation from a profes- sional from whom such individual has sought assistance, including those associ- ated with medical, legal, or religious pro- fessions; and HR 1620 RFS 152 ‘‘(B) an attestation that such voluntary separation is attributable to such sexual harass- ment, domestic violence, sexual assault, or stalking.
‘‘(3) DEFINITIONS.—For purposes of this sec- tion, the terms ‘sexual harassment’, ‘domestic vio- lence’, ‘sexual assault’, ‘stalking’, ‘victim of sexual harassment’, and ‘survivor of domestic violence, sex- ual assault, or stalking’ have the meanings given such terms under State law, regulation, or policy.’’.

(b) UNEMPLOYMENT COMPENSATION PERSONNEL TRAINING.—Section 303(a) of the Social Security Act (42 U.S.C.
503(a)) is amended— (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and (2) by inserting after paragraph (3) the fol- lowing new paragraph: ‘‘(4)(A) Such methods of administration as will ensure that— ‘‘(i) applicants and potential applicants for unemployment compensation are notified of the provisions of paragraphs (19) and (20) of sec- tion 3304(a) of the Internal Revenue Code of 1986; and HR 1620 RFS 153 ‘‘(ii) claims reviewers and hearing per- sonnel are trained in— ‘‘(I) the nature and dynamics of sex- ual harassment, domestic violence, sexual assault, and stalking; and ‘‘(II) methods of ascertaining and en- suring the confidentiality of personal infor- mation and documentation related to an individual’s claim about possible experi- ences of sexual harassment, domestic vio- lence, sexual assault, or stalking.
‘‘(B) For purposes of this paragraph, the terms ‘sexual harassment’, ‘domestic violence’, ‘sexual as- sault’, and ‘stalking’ have the meanings given such terms in section 3304(g) of the Internal Revenue Code of 1986.’’.

(c) TANF PERSONNEL TRAINING.—Section 402(a) of the Social Security Act (42 U.S.C.
602(a)) is amended by adding at the end the following new paragraph: ‘‘(8) CERTIFICATION THAT THE STATE WILL PROVIDE INFORMATION TO VICTIMS OF SEXUAL HARASSMENT OR SURVIVORS OF DOMESTIC VIO- LENCE.— ‘‘(A) IN GENERAL.—A certification by the chief executive officer of the State that the HR 1620 RFS 154 State has established and is enforcing stand- ards and procedures to— ‘‘(i) ensure that applicants and poten- tial applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic violence; ‘‘(ii) ensure that case workers and other agency personnel responsible for ad- ministering the State program funded under this part are trained in— ‘‘(I) the nature and dynamics of sexual harassment and domestic vio- lence; ‘‘(II) State standards and proce- dures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence; and ‘‘(III) methods of ascertaining and ensuring the confidentiality of personal information and documenta- tion related to an individual’s claim HR 1620 RFS 155 about possible experiences of sexual harassment or domestic violence; and ‘‘(iii) ensure that, if a State has elect- ed to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence pursuant to paragraph (7)— ‘‘(I) the State program funded under this part provides
 information about the options under this part to current and potential beneficiaries; and ‘‘(II) case workers and other agency personnel responsible for ad- ministering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7).
‘‘(B) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) the term ‘sexual harassment’ has the meaning given such term under State law, regulation, or policy; and HR 1620 RFS 156 ‘‘(ii) the term ‘domestic violence’ has the meaning given such term in section 402(a)(7).’’.
(d) NATIONAL GRANT PROGRAM FOR DEVELOPING A MODEL TRAINING PROGRAM FOR UNEMPLOYMENT COMPENSATION PERSONNEL TRAINING.— (1) GRANTS AUTHORIZED.—The Secretary of Labor (in this subsection referred to as the ‘‘Sec- retary’’) is authorized to award a grant to a national victim service provider in order for such organization to— (A) develop and disseminate a model train- ing program (and related materials) for the training required under section 303(a)(4)(A)(ii) of the Social Security Act, as added by sub- section (b); and (B) provide technical assistance with re- spect to such model training program to unem- ployment compensation personnel.
(2) APPLICATION.—An entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such form and man- ner, and containing such information as the Sec- retary specifies.
(3) REPORT.— HR 1620 RFS 157 (A) REPORT TO CONGRESS.—Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Com- mittee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program estab- lished under this subsection.
(B) REPORT AVAILABLE TO PUBLIC.—The Secretary shall establish procedures for the dis- semination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph.

Such procedures shall include the use of the internet to dissemi- nate such report.
(4) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—There are authorized to be appropriated— (i) $1,000,000 for fiscal year 2022 to carry out the provisions of paragraph (1)(A); and (ii) $8,000,000 for each of fiscal years 2022 through 2026 to carry out the provi- sions of paragraph (1)(B).
HR 1620 RFS 158 (B) THREE-YEAR AVAILABILITY OF GRANT FUNDS.—Each recipient of a grant under this subsection shall return to the Secretary any un- used portion of such grant not later than 3 years after the date the grant was awarded, to- gether with any earnings on such unused por- tion.
(C) AMOUNTS RETURNED.—Any amounts returned pursuant to subparagraph (B) shall be available without further appropriation to the Secretary for the purpose of carrying out the provisions of paragraph (1)(B).
(e) NATIONAL GRANT PROGRAM FOR DEVELOPING A MODEL TRAINING PROGRAM FOR TEMPORARY ASSIST- ANCE FOR NEEDY FAMILIES PERSONNEL TRAINING.— (1) GRANTS AUTHORIZED.—The Secretary of Health and Human Services (in this subsection re- ferred to as the ‘‘Secretary’’) shall— (A) develop and disseminate a model train- ing program (and related materials) for the training required under 402(a)(8) of the Social Security Act, and if the State so elects, section 402(a)(7) of such Act; and (B) provide technical assistance with re- spect to such model training program to eligible HR 1620 RFS 159 States (as defined in section 402 of the Social Security Act).
In developing the model training program under subparagraph (A), the Secretary may award grants and contracts and may develop such program in co- operation with an eligible partner.
(2) ELIGIBLE PARTNER DEFINED.—For pur- poses of paragraph (1), the term ‘‘eligible partner’’ means an entity that is— (A) a State or tribal domestic violence coa- lition or sexual assault coalition; or (B) a State or local victim service provider with recognized expertise in the dynamics of do- mestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or do- mestic violence program.
(3) REPORT.— (A) REPORT TO CONGRESS.—Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Com- mittee on Ways and Means of the House of Representatives and the Committee on Finance HR 1620 RFS 160 of the Senate a report on the program estab- lished under this subsection.
(B) REPORT AVAILABLE TO PUBLIC.—The Secretary shall establish procedures for the dis- semination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph.

Such procedures shall include the use of the internet to dissemi- nate such report.
(4) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated— (A) $1,000,000 for fiscal year 2022 to carry out the provisions of paragraph (1)(A); and (B) $5,000,000 for each of fiscal years 2022 through 2026 to carry out the provisions of paragraph (1)(B).
(f) CONFORMITY REVIEW; EFFECTIVE DATES.— (1) UNEMPLOYMENT AMENDMENTS.— (A) CONFORMITY REVIEW.— (i) INITIAL GUIDANCE.—Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance describing the requirements HR 1620 RFS 161 States must satisfy to conform to the amendments made by subsections (a) and (b).
(ii) REQUEST FOR TRANSMITTAL OF INFORMATION FROM STATES.—Not later than 30 days after the issuance of guid- ance under clause (i), the Secretary of Labor shall issue a request for the trans- mittal of information from States relating to the laws, regulations, and policies each State identifies to satisfy such require- ments.
(iii) DEADLINE FOR SUBMISSION OF LAWS, REGULATIONS, AND POLICIES FROM STATES.—Not later than 120 days after the issuance of the request under clause (ii), each State which has an unemploy- ment compensation law approved by the Secretary of Labor under the Federal Un- employment Tax Act shall submit to the Secretary the laws, regulations, and poli- cies identified pursuant to such clause.
(iv) NOTIFICATION OF THE RESULTS OF REVIEW TO STATES.—Not later than 60 days after the expiration of the deadline HR 1620 RFS 162 described in clause (iii), the Secretary of Labor shall notify each State whether the laws, regulations, and policies identified by the State under such clause satisfy the re- quirements described pursuant to clause (i) and, to the extent such laws, regulations, and policies fail to satisfy such require- ments, the Secretary of Labor shall inform the State of the steps the State may take to remedy such failure and provide any necessary technical assistance.
(B) EFFECTIVE DATES FOR UNEMPLOY- MENT AMENDMENTS.— (i) PROVISIONS RELATING TO SUR- VIVORS OF DOMESTIC VIOLENCE.—The amendment made by subsection (a)(1) shall apply with respect to weeks of unem- ployment beginning on or after the date that is 60 days after the earlier of— (I) the date on which a State is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identi- fied by the State satisfy the require- HR 1620 RFS 163 ments described pursuant to subpara- graph (A)(i); or (II) in the case of a State that is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identi- fied by the State fail to satisfy such requirements, 1 year after the date of such notification.
(ii) PROVISIONS RELATING TO VIC- TIMS OF SEXUAL HARASSMENT AND SUR- VIVORS OF SEXUAL ASSAULT OR STALK- ING.—The amendment made by subsection (a)(2) shall apply with respect to weeks of unemployment beginning on or after the date that is 60 days after the earlier of— (I) the date on which a State is notified by the Secretary of Labor under subparagraph (A)(iv) that the laws, regulations, and policies identi- fied by the State satisfy the require- ments described pursuant to subpara- graph (A)(i); or (II) in the case of a State that is notified by the Secretary of Labor HR 1620 RFS 164 under subparagraph (A)(iv) that the laws, regulations, and policies identi- fied by the State fail to satisfy such requirements, 2 years after the date of such notification.
(iii) PROVISIONS RELATING TO DOCU- MENTATION REQUIRED.—The amendment made by subsection (a)(3) shall apply with respect to weeks of unemployment begin- ning on or after the date that is 2 years after the date of enactment of this Act.

(2) TANF AMENDMENT.— (A) IN GENERAL.—Except as provided in subparagraph (B), the amendment made by subsection (c) shall be applicable in the next State plan submitted after the date of enact- ment of this Act.
(B) EXTENSION OF EFFECTIVE DATE FOR STATE LAW AMENDMENT.—In the case of a State plan under part A of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State ac- tion (including legislation, regulation, or other administrative action) in order for the plan to meet the additional requirements imposed by HR 1620 RFS 165 the amendment made by subsection (c), the State plan shall not be regarded as failing to comply with the requirements of such amend- ment on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enact- ment of this Act.
For purposes of the previous sentence, in the case of a State that has a 2- year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

SEC.

704.

STUDY AND REPORTS ON BARRIERS TO SUR- VIVORS’ ECONOMIC SECURITY ACCESS.
(a) STUDY.—The Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall conduct a study on the barriers that survivors of domestic violence, dating violence, sexual assault, or stalking throughout the United States experience in maintaining economic security, including the impact of the COVID– 19 pandemic on such victims’ ability to maintain economic security, as a result of issues related to domestic violence, dating violence, sexual assault, or stalking.
HR 1620 RFS 166 (b) REPORTS.—Not later than 1 year after the date of enactment of this title, and every 5 years thereafter, the Secretary of Health and Human Services, in consulta- tion with the Secretary of Labor, shall submit a report to Congress on the study conducted under subsection (a).
(c) CONTENTS.—The study and reports under this section shall include— (1) identification of geographic areas in which State laws, regulations, and practices have a strong impact on the ability of survivors of domestic vio- lence, dating violence, sexual assault, or stalking to exercise— (A) any rights under this Act without com- promising personal safety or the safety of oth- ers, including family members and excluding the abuser; and (B) other components of economic security, including financial empowerment, affordable housing, transportation, healthcare access, cred- it history, and quality education and training opportunities; (2) identification of geographic areas with shortages in resources for such survivors, with an accompanying analysis of the extent and impact of such shortage; HR 1620 RFS 167 (3) analysis of the unique barriers faced by sur- vivors living in rural communities; (4) analysis of factors related to industries, workplace settings, employer practices, trends, and other elements that impact the ability of such sur- vivors to exercise any rights under this Act without compromising personal safety or the safety of others, including family members; (5) the recommendations of the Secretary of Health and Human Services and the Secretary of Labor with respect to resources, oversight, and en- forcement tools to ensure successful implementation of the provisions of this Act in order to support the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking; (6) best practices for States, employers, health carriers, insurers, and other private entities in ad- dressing issues related to domestic violence, dating violence, sexual assault, or stalking; and (7) barriers that impede victims’ ability to pur- sue legal action, including legal costs and filing fees, and complexities of the jurisdiction of law enforce- ment agencies.
HR 1620 RFS SEC.

705.

GAO STUDY.
168 Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that examines, with respect to survivors of domestic violence, dating violence, sexual assault, or stalking who are, or were, enrolled at institutions of higher education and borrowed a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.)

for which the survivors have not repaid the total interest and principal due, each of the following: (1) The implications of domestic violence, dat- ing violence, sexual assault, or stalking on a bor- rower’s ability to repay their Federal student loans.
(2) The adequacy of policies and procedures re- garding Federal student loan deferment, forbear- ance, and grace periods when a survivor has to sus- pend or terminate the survivor’s enrollment at an in- stitution of higher education due to domestic vio- lence, dating violence, sexual assault, or stalking.
(3) The adequacy of institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate the survivor’s enrollment at an institution of higher edu- 26 HR 1620 RFS 169 cation due to domestic violence, dating violence, sex- ual assault, or stalking.
(4) The availability or any options for a sur- vivor of domestic violence, dating violence, sexual as- sault, or stalking who attended an institution of higher education that committed unfair, deceptive, or abusive acts or practices, or otherwise substan- tially misrepresented information to students, to be able to seek a defense to repayment of the survivor’s Federal student loan.
(5) The limitations faced by a survivor of do- mestic violence, dating violence, sexual assault, or stalking to obtain any relief or restitution on the survivor’s Federal student loan debt due to the use of forced arbitration, gag orders, or bans on class actions.

SEC.

706.

EDUCATION AND INFORMATION PROGRAMS FOR SURVIVORS.
(a) PUBLIC EDUCATION CAMPAIGN.— (1) IN GENERAL.—The Secretary of Labor, in conjunction with the Secretary of Health and Human Services (though the Director of the Centers for Disease Control and Prevention), the Attorney General (through the Director of the Office on Vio- lence Against Women), and the grant recipient HR 1620 RFS 170 under section 41501 of the Violence Against Women Act of 1994 that establishes the national resource center on workplace responses to assist victims of domestic and sexual violence, shall coordinate and provide for a national public outreach and education campaign to raise public awareness of the workplace impact of domestic violence, dating violence, sexual assault, and stalking, including outreach and edu- cation for employers, service providers, teachers, and other key partners.
This campaign shall pay special attention to ensure that survivors are made aware of the existence of the following types of workplace laws (Federal and/or State): anti-discrimination laws that bar treating survivors differently; leave laws, both paid and unpaid that are available for use by survivors; unemployment insurance laws and policies that address survivor eligibility.
The provision of outreach and education under this paragraph shall be conducted in a manner that is equally effective for and accessible to people with disabilities and peo- ple without disabilities.
(2) DISSEMINATION.—The Secretary of Labor, in conjunction with the Secretary of Health and Human Services and the Attorney General, as de- scribed in paragraph (1), may disseminate informa- HR 1620 RFS 171 tion through the public outreach and education cam- paign on the resources and rights referred to in this subsection directly or through arrangements with health agencies, professional and nonprofit organiza- tions, consumer groups, labor organizations, institu- tions of higher education, clinics, the media, and Federal, State, and local agencies.
(3) INFORMATION.—The information dissemi- nated under paragraph (2) shall include, at a min- imum, a description of— (A) the resources and rights that are— (i) available to survivors of domestic violence, dating violence, sexual assault, or stalking; and (ii) established in this Act and the Vi- olence Against Women Act of 1994 (34 U.S.C.

12291 et seq.
); (B) guidelines and best practices on pre- vention of domestic violence, dating violence, stalking, and sexual assault; (C) resources that promote healthy rela- tionships and communication skills; (D) resources that encourage bystander intervention in a situation involving domestic vi- HR 1620 RFS 172 olence, dating violence, stalking, or sexual as- sault; (E) resources that promote workplace poli- cies that support and help maintain the eco- nomic security of survivors of domestic violence, dating violence, sexual assault, or stalking, in- cluding guidelines and best practices to promote the creation of effective employee assistance programs; and (F) resources and rights that the heads of Federal agencies described in paragraph (2) de- termine are appropriate to include.
(4) COMMON LANGUAGES.—The Secretary of Labor shall ensure that the information dissemi- nated to survivors under paragraph (2) is made available in commonly encountered languages.

(b) DEFINITIONS.—In this section: (1) EMPLOYEE.— (A) IN GENERAL.—The term ‘‘employee’’ means any individual employed by an employer.

In the case of an individual employed by a pub- lic agency, such term means an individual em- ployed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C.

203(e)(2)).
HR 1620 RFS 173 (B) BASIS.—The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time pe- riod, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income- based public assistance.
(2) EMPLOYER.—The term ‘‘employer’’— (A) means any person engaged in com- merce or in any industry or activity affecting commerce who employs 15 or more individuals; and (B) includes any person acting directly or indirectly in the interest of an employer in rela- tion to an employee, and includes a public agen- cy that employs individuals as described in sec- tion 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organiza- tion (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
(3) FLSA TERMS.—The terms ‘‘employ’’ and ‘‘State’’ have the meanings given the terms in sec- tion 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.

203).
HR 1620 RFS 174 (c) STUDY ON WORKPLACE RESPONSES.—The Sec- retary of Labor, in conjunction with the Secretary of Health and Human Services, shall conduct a study on the status of workplace responses to employees who experience domestic violence, dating violence, sexual assault, or stalk- ing while employed, in each State and nationally, to im- prove the access of survivors of domestic violence, dating violence, sexual assault, or stalking to supportive resources and economic security.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 13 2022 through 2026.

14 (e) CULTURAL RELEVANCE.—Any outreach or edu- cation campaign conducted pursuant to this section shall be conducted in a culturally relevant manner.

SEC.

707.

SEVERABILITY.


If any provision of this Act, any amendment made by this Act, or the application of such provision or amend- ment to any person or circumstance is held to be unconsti- tutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance 24 shall not be affected.
HR 1620 RFS 175 SEC.

708.

STUDY ON COSTS OF DIVORCE IN DOMESTIC VIO- LENCE CASES.
The Attorney General, in coordination with the Sec- retary of Health and Human Services, shall— (1) conduct a study on the direct and collateral economic costs and risks of divorce from an abusive partner to a victim of domestic violence, including the payment of alimony, legal fees, spousal support, or the division of property, disaggregated on the basis of whether the individual has higher earnings than their partner; and (2) include recommendations based on the study conducted under paragraph (1).
TITLE VIII—HOMICIDE REDUCTION INITIATIVES SEC.

801.

PROHIBITING PERSONS CONVICTED OF MIS- DEMEANOR CRIMES AGAINST DATING PART- NERS AND PERSONS SUBJECT TO PROTEC- TION ORDERS.
Section 921(a) of title 18, United States Code, is amended— 22 23 24 25 26 (1) in paragraph (32), by striking all that fol- lows after ‘‘The term ‘intimate partner’ ’’ and insert- ing the following: ‘‘— ‘‘(A) means, with respect to a person, the spouse of the person, a former spouse of the HR 1620 RFS 176 person, an individual who is a parent of a child of the person, and an individual who cohabi- tates or has cohabited with the person; and ‘‘(B) includes— ‘‘(i) a dating partner or former dating partner; and ‘‘(ii) any other person similarly situ- ated to a spouse.
Nothing in this paragraph may be construed to require that sexual contact between two persons have occurred to establish the existence of any relationship for purposes of this paragraph.
For purposes of this paragraph, the term ‘dating partner’ means, with respect to person, a per- son who is or has been in a social relationship of a romantic or intimate nature with the per- son.’’; (2) in paragraph (33)(A)— (A) in the matter preceding clause (i), by striking ‘‘Except as provided in subparagraph (C), the term’’ and inserting ‘‘The term’’; (B) in clause (i), by inserting after ‘‘Fed- eral, State,’’ the following: ‘‘local,’’; and (C) in clause (ii), by inserting ‘‘intimate partner,’’ after ‘‘spouse,’’ each place it appears; HR 1620 RFS 177 (3) by redesignating paragraphs (34) and (35) as paragraphs (35) and (36) respectively; and (4) by inserting after paragraph (33) the fol- lowing: ‘‘(34)(A) The term ‘misdemeanor crime of stalking’ means an offense that— ‘‘(i) is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and ‘‘(ii) is a course of harassment, intimidation, or surveillance of another person that— ‘‘(I) places that person in reasonable fear of material harm to the health or safety of— ‘‘(aa) that person; ‘‘(bb) an immediate family member (as defined in section 115) of that person; ‘‘(cc) a household member of that per- son; or ‘‘(dd) a spouse or intimate partner of that person; or ‘‘(II) causes, attempts to cause, or would reasonably be expected to cause emotional dis- tress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I).
HR 1620 RFS 178 ‘‘(B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— ‘‘(i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and ‘‘(ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— ‘‘(I) the case was tried by a jury; or ‘‘(II) the person knowingly and intel- ligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
‘‘(C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable juris- diction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.’’.
HR 1620 RFS 179 SEC.

802.

PROHIBITING STALKERS AND INDIVIDUALS SUB- JECT TO COURT ORDER FROM POSSESSING A FIREARM.
Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8), by striking ‘‘that re- strains such person’’ and all that follows, and inserting ‘‘described in subsection (g)(8);’’; (B) in paragraph (9), by striking the pe- riod at the end and inserting ‘‘; or’’; and (C) by inserting after paragraph (9) the following: ‘‘(10) who has been convicted in any court of a misdemeanor crime of stalking.’’; and (2) in subsection (g)— (A) by amending paragraph (8) to read as follows: ‘‘(8) who is subject to a court order— ‘‘(A) that was issued— ‘‘(i) after a hearing of which such per- son received actual notice, and at which such person had an opportunity to partici- pate; or HR 1620 RFS 180 ‘‘(ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided— ‘‘(I) within the time required by State, Tribal, or territorial law; and ‘‘(II) in any event within a rea- sonable time after the order is issued, sufficient to protect the due process rights of the person; ‘‘(B) that restrains such person from— ‘‘(i) harassing, stalking, or threat- ening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or ‘‘(ii) intimidating or dissuading a wit- ness from testifying in court; and ‘‘(C) that— ‘‘(i) includes a finding that such per- son represents a credible threat to the physical safety of such individual described in subparagraph (B); or HR 1620 RFS S L L I B h t i w D O R P 2 4 C 0 L 9 7 K S
RFS 181 ‘‘(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily in- jury;’’; (B) in paragraph (9), by striking the comma at the end and inserting ‘‘; or’’; and (C) by inserting after paragraph (9) the following: ‘‘(10) who has been convicted in any court of a misdemeanor crime of stalking,’’.
TITLE IX—SAFETY FOR INDIAN WOMEN SEC.

901.

FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following: (1) American Indians and Alaska Natives are 2.5 times as likely to experience violent crimes—and at least 2 times more likely to experience rape or sexual assault crimes—compared to all other races.

(2) More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experi- enced violence in their lifetime.
HR 1620 RFS 182 (3) The vast majority of Native victims—96 percent of women and 89 percent of male victims— report being victimized by a non-Indian.
(4) Native victims of sexual violence are three times as likely to have experienced sexual violence by an interracial perpetrator as non-Hispanic White victims and Native stalking victims are nearly 4 times as likely to be stalked by someone of a dif- ferent race.
(5) While Tribes exercising jurisdiction over non-Indians have reported significant successes, the inability to prosecute crimes related to the Special Domestic Violence Criminal Jurisdiction crimes con- tinues to leave Tribes unable to fully hold domestic violence offenders accountable.
(6) Tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims, and Department of Justice re- ports that American Indian and Alaska Native chil- dren suffer exposure to violence at rates higher than any other race in the United States.
(7) Childhood exposure to violence has imme- diate and long-term effects, including: increased rates of altered neurological development, poor phys- ical and mental health, poor school performance, HR 1620 RFS 183 substance abuse, and overrepresentation in the juve- nile justice system.
(8) According to the Centers for Disease Con- trol and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age.

(9) On some reservations, Indian women are murdered at more than 10 times the national aver- age.
(10) According to a 2010 Government Account- ability Office report, United States Attorneys de- clined to prosecute nearly 52 percent of violent crimes that occur in Indian country.
(11) Investigation into cases of missing and murdered Indian women is made difficult for Tribal law enforcement agencies due to a lack of resources, such as— (A) necessary training, equipment, or funding; (B) a lack of interagency cooperation; (C) a lack of appropriate laws in place; and HR 1620 RFS 184 (D) a lack of access to Federal, State, and local law enforcement databases.
(12) Domestic violence calls are among the most dangerous calls that law enforcement receives.

(13) The complicated jurisdictional scheme that exists in Indian country— (A) has a significant negative impact on the ability to provide public safety to Indian communities; (B) has been increasingly exploited by criminals; and (C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials.
(14) Restoring and enhancing local, Tribal ca- pacity to address violence against women provides for greater local control, safety, accountability, and transparency.

(15) In States with restrictive land settlement acts such as Alaska, ‘‘Indian country’’ is limited, re- sources for local Tribal responses either nonexistent or insufficient to meet the needs, jurisdiction unnec- essarily complicated and increases the already high levels of victimization of American Indian and Alas- ka Native women.
According to the Tribal Law and HR 1620 RFS 185 Order Act Commission Report, Alaska Native women are over-represented in the domestic violence victim population by 250 percent; they comprise 19 percent of the State population, but are 47 percent of reported rape victims.
And among other Indian Tribes, Alaska Native women suffer the highest rates of domestic and sexual violence in the country.

(16) Native Hawaiians experience a dispropor- tionately high rate of human trafficking with 64 per- cent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawai- ian.
(b) PURPOSES.—The purposes of this title are— (1) to clarify the responsibilities of Federal, State, Tribal, and local governments with respect to responding to cases of domestic violence, dating vio- lence, stalking, trafficking, sexual violence, crimes against children, and assault against Tribal law en- forcement officers and murdered Indians; (2) to increase coordination and communication among Federal, State, Tribal, and local law enforce- ment agencies; (3) to empower Tribal governments with the re- sources and information necessary to effectively re- spond to cases of domestic violence, dating violence, HR 1620 RFS 186 stalking, sex trafficking, sexual violence, and missing and murdered Indians; and (4) to increase the collection of data related to missing and murdered Indians and the sharing of in- formation among Federal, State, and Tribal officials responsible for responding to and investigating cases of missing and murdered Indians.
SEC.

902.

AUTHORIZING FUNDING FOR THE TRIBAL ACCESS PROGRAM.
(a) IN GENERAL.—Section 534 of title 28, United States Code, is amended by adding at the end the fol- lowing: ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026, to remain available until expended, for the purposes of enhancing the ability of Tribal government entities to access, enter information into, and obtain information from, Federal criminal infor- mation databases, as authorized by this section.’’.
(b) INDIAN TRIBE AND INDIAN LAW ENFORCEMENT INFORMATION SHARING.—Section 534 of title 28, United States Code, is further amended by amending subsection 23 (d) to read as follows: 24 25 ‘‘(d) INDIAN TRIBE AND INDIAN LAW ENFORCE- MENT INFORMATION SHARING.—The Attorney General HR 1620 RFS 187 shall permit Tribal law enforcement entities (including en- tities designated by a Tribe as maintaining public safety within a Tribe’s territorial jurisdiction that has no Federal or State arrest authority) and Bureau of Indian Affairs law enforcement agencies— ‘‘(1) to access and enter information into Fed- eral criminal information databases; and ‘‘(2) to obtain information from the data- bases.’’.
SEC.

903.

TRIBAL JURISDICTION OVER COVERED CRIMES OF DOMESTIC VIOLENCE, DATING VIOLENCE, OBSTRUCTION OF JUSTICE, SEXUAL VIO- LENCE, SEX TRAFFICKING, STALKING, AND ASSAULT OF A LAW ENFORCEMENT OFFICER OR CORRECTIONS OFFICER.

Section 204 of Public Law 90–284 (25 U.S.C.
1304) (commonly known as the ‘‘Indian Civil Rights Act of 1968’’) is amended— (1) in the heading, by striking ‘‘CRIMES OF DOMESTIC VIOLENCE’’ and inserting ‘‘CRIMES OF DOMESTIC VIOLENCE, DATING VIOLENCE, OBSTRUCTION OF JUSTICE, SEXUAL VIOLENCE, SEX TRAFFICKING, STALKING, AND ASSAULT OF A LAW ENFORCEMENT OR CORRECTIONS OFFICER’’; HR 1620 RFS 188 (2) in subsection (a)(6), in the heading, by striking ‘‘SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION’’ and inserting ‘‘SPECIAL TRIBAL CRIMINAL JURISDICTION’’; (3) by striking ‘‘special domestic violence crimi- nal jurisdiction’’ each place such term appears and inserting ‘‘special Tribal criminal jurisdiction’’; (4) in subsection (a)— (A) by adding at the end the following: ‘‘(12) STALKING.—The term ‘stalking’ means engaging in a course of conduct directed at a spe- cific person proscribed by the criminal law of the In- dian Tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person to— ‘‘(A) fear for the person’s safety or the safety of others; or ‘‘(B) suffer substantial emotional dis- tress.’’; (B) by redesignating paragraphs (6) and (7) as paragraphs (10) and (11); (C) by inserting before paragraph (10) (as redesignated) the following: ‘‘(8) SEX TRAFFICKING.— HR 1620 RFS 189 ‘‘(A) IN GENERAL.—The term ‘sex traf- ficking’ means conduct— ‘‘(i) consisting of— ‘‘(I) recruiting, enticing, har- boring, transporting, providing, ob- taining, advertising, maintaining, pa-
 tronizing, or soliciting by any means a person; or ‘‘(II) benefitting, financially or by receiving anything of value, from participation in a venture that has en- gaged in an act described in subclause (I); and ‘‘(ii) carried out with the knowledge, or, except where the act constituting the violation of clause (i) is advertising, in reckless disregard of the fact, that— ‘‘(I) means of force, threats of force, fraud, coercion, or any combina- tion of such means will be used to cause the person to engage in a com- mercial sex act; or ‘‘(II) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.
HR 1620 RFS 190 ‘‘(B) DEFINITIONS.—In this paragraph, the terms ‘coercion’ and ‘commercial sex act’ have the meanings given the terms in section 1591(e) of title 18, United States Code.
‘‘(9) SEXUAL VIOLENCE.—The term ‘sexual vio- lence’ means any nonconsensual sexual act or con- tact proscribed by the criminal law of the Indian Tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act.’’; (D) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7); (E) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4); (F) in paragraph (3) (as redesignated), to read as follows: ‘‘(3) DOMESTIC VIOLENCE.—The term ‘domes- tic violence’ means violence— ‘‘(A) committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly HR 1620 RFS 191 situated to a spouse of the victim under the domestic- or family- violence laws of an Indian Tribe that has jurisdiction over the Indian country where the violence occurs; or ‘‘(B)(i) committed against a victim who is a child under the age of 18, or an elder (as such term is defined by Tribal law), including when an offender recklessly engages in conduct that creates a substantial risk of death or seri- ous bodily injury to the victim, or committed as described in subparagraph (A) while the child or elder is present; and ‘‘(ii) the child or elder— ‘‘(I) resides or has resided in the same household as the offender; ‘‘(II) is related to the offender by blood or marriage; ‘‘(III) is related to another victim of the offender by blood or marriage; ‘‘(IV) is under the care of a victim of the offender who is an intimate partner or former spouse; or
 ‘‘(V) is under the care of a victim of the offender who is similarly situated to a spouse of the victim under the domestic- or HR 1620 RFS 192 family- violence laws of an Indian Tribe that has jurisdiction over the Indian coun- try where the violence occurs.’’; (G) by inserting before paragraph (2) (as redesignated), the following: ‘‘(1) ASSAULT OF A LAW ENFORCEMENT OR CORRECTIONAL OFFICER.—The term ‘assault of a law enforcement or correctional officer’ means any criminal violation of the law of the Indian Tribe that has jurisdiction over the Indian country where the violation occurs that involves the threatened, at- tempted, or actual harmful or offensive touching of a law enforcement or correctional officer.’’; and (H) by inserting after paragraph (4) (as redesignated), the following: ‘‘(5) OBSTRUCTION OF JUSTICE.—The term ‘obstruction of justice’ means any violation of the criminal law of the Indian Tribe that has jurisdic- tion over the Indian country where the violation oc- curs, and the violation involves interfering with the administration or due process of the Tribe’s laws in- cluding any Tribal criminal proceeding or investiga- tion of a crime.’’; (5) in subsection (b)(1), by inserting after ‘‘the powers of self-government of a participating Tribe’’ HR 1620 RFS 193 the following: ‘‘, including any participating Tribes in the State of Maine,’’; (6) in subsection (b)(4)— (A) in subparagraph (A)(i), by inserting after ‘‘over an alleged offense’’ the following: ‘‘, other than
 obstruction of justice or an act of assault of a law enforcement or corrections offi- cer,’’; and (B) in subparagraph (B)— (i) in clause (ii), by striking ‘‘or’’ at the end; (ii) in clause (iii)(II), by striking the period at the end and inserting the fol- lowing: ‘‘; or’’; and (iii) by adding at the end the fol- lowing: ‘‘(iv) is being prosecuted for a crime of sexual violence, stalking, sex trafficking, obstructing justice, or assaulting a police or corrections officer under the laws of the prosecuting Tribe.’’; (7) in subsection (c)— (A) in the matter preceding paragraph (1), by striking ‘‘domestic violence’’ and inserting ‘‘Tribal’’; and HR 1620 RFS 194 (B) in paragraph (1)— (i) in the paragraph heading, by strik- ing ‘‘AND DATING VIOLENCE’’ and insert- ing ‘‘, DATING VIOLENCE, OBSTRUCTION OF JUSTICE, SEXUAL VIOLENCE, STALK- ING, SEX TRAFFICKING, OR ASSAULT OF A LAW ENFORCEMENT OR CORRECTIONS OF- FICER’’; and (ii) by striking ‘‘or dating violence’’ and inserting ‘‘, dating violence, obstruc- tion of justice, sexual violence, stalking, sex trafficking, or assault of a law enforce- ment or corrections officer’’; (8) in subsection (d), by striking ‘‘domestic vio- lence’’ each place it appears and inserting ‘‘Tribal’’; (9) by striking subsections (f), (g), and (h) and inserting the following: ‘‘(f) GRANTS AND REIMBURSEMENT TO TRIBAL GOV- ERNMENTS.— ‘‘(1) REIMBURSEMENT.— ‘‘(A) IN GENERAL.—The Attorney General is authorized to reimburse Tribal government authorities for expenses incurred in exercising special Tribal criminal jurisdiction.
HR 1620 RFS 195 ‘‘(B) ELIGIBLE EXPENSES.—Eligible ex- penses for reimbursement shall include— ‘‘(i) expenses incurred to arrest or prosecute offenders and to detain inmates (including costs associated with providing health care); ‘‘(ii) expenses related to indigent de- fense services; and ‘‘(iii) costs associated with probation and rehabilitation services.
‘‘(C) PROCEDURE.—Reimbursements au- thorized pursuant to this section shall be in ac- cordance with rules promulgated by the Attor- ney General after consultation with Indian Tribes and within 1 year after the date of en- actment of this Act.

The rules promulgated by the Department shall set a maximum allowable reimbursement to any Tribal government in a 1-year period.
‘‘(2) GRANTS.—The Attorney General may award grants to the governments of Indian Tribes (or to authorized designees of those governments)— ‘‘(A) to strengthen Tribal criminal justice systems to assist Indian Tribes in exercising special Tribal criminal jurisdiction, including— HR 1620 RFS 196 ‘‘(i) law enforcement (including the capacity of law enforcement, court per- sonnel, or other non-law enforcement enti- ties that have no Federal or State arrest authority agencies but have been des- ignated by a Tribe as responsible for main- taining public safety within its territorial jurisdiction, to enter information into and obtain information from national crime in- formation databases); ‘‘(ii) prosecution; ‘‘(iii) trial and appellate courts (in- cluding facilities construction); ‘‘(iv) probation systems; ‘‘(v) detention and correctional facili- ties (including facilities construction); ‘‘(vi) alternative rehabilitation centers; ‘‘(vii) culturally appropriate services and assistance for victims and their fami- lies; and ‘‘(viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence; ‘‘(B) to provide indigent criminal defend- ants with the effective assistance of licensed de- HR 1620 RFS 197 fense counsel, at no cost to the defendant, in criminal proceedings in which a participating Tribe prosecutes— ‘‘(i) a crime of domestic violence; ‘‘(ii) a crime of dating violence; ‘‘(iii) a criminal violation of a protec- tion order; ‘‘(iv) a crime of
 sexual violence; ‘‘(v) a crime of stalking; ‘‘(vi) a crime of sex trafficking; ‘‘(vii) a crime of obstruction of justice; or ‘‘(viii) a crime of assault of a law en- forcement or correctional officer; ‘‘(C) to ensure that, in criminal pro- ceedings in which a participating Tribe exer- cises special Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable require- ments; ‘‘(D) to accord victims of domestic vio- lence, dating violence, sexual violence, stalking, sex trafficking, obstruction of justice, assault of a law enforcement or correctional officer, and violations of protection orders rights that are HR 1620 RFS 198 similar to the rights of a crime victim described in section 3771(a) of title 18, consistent with Tribal law and custom; and ‘‘(E) to create a pilot project to allow up to five Indian Tribes in Alaska to implement special Tribal criminal jurisdiction.
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts made available under this section shall supplement and not supplant any other Federal, State, Tribal, or local gov- ernment amounts made available to carry out activities de- 11 scribed in this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $7,000,000 for each of fiscal years 2022 through 2026 to carry out subsection (f) and to provide training, technical assistance, data col- lection, and evaluation of the criminal justice systems of 17 participating Tribes.
‘‘(i) USE OF FUNDS.—Not less than 25 percent of the total amount of funds appropriated under this section in a given year shall be used for each of the purposes de- scribed in paragraphs (1) and (2) of subsection (f), with remaining funds available to be distributed for either of the purposes described in paragraph (1) or (2) of sub- section (f), or any combination of such purposes, depend- ing on need and in consultation with Indian Tribes.’’; HR 1620 RFS 199 (10) by inserting after subsection (i) the fol- lowing: ‘‘(j) INDIAN COUNTRY DEFINED.—For purposes of the pilot project described in subsection (f)(5), the defini- tion of ‘Indian country’ shall include— ‘‘(1) Alaska Native-owned Townsites, Allot- ments, and former reservation lands acquired in fee by Alaska Native Village Corporations pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
33) and other lands transferred in fee to Native vil- lages; and ‘‘(2) all lands within any Alaska Native village with a population that is at least 75 percent Alaska Native.’’.

TITLE X—OFFICE ON VIOLENCE AGAINST WOMEN SEC.

1001.

ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.

(a) ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2002 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10442) is amended— 23 24 25 (1) in subsection (a), by striking ‘‘a Violence Against Women Office’’ and inserting ‘‘an Office on Violence Against Women’’; HR 1620 RFS 200 (2) in subsection (b), by inserting after ‘‘within the Department of Justice’’ the following: ‘‘, not subsumed by any other office’’; and (3) in subsection (c)(2), by striking ‘‘Violence Against Women Act of 1994 (title VI of Public Law 103–322) or the Violence Against Women Act of 2000 (division B of Public Law 106–386)’’ and in- serting ‘‘Violence Against Women Act of 1994 (title VII of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106– 386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat.
3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat.

54), and the Violence Against Women Act Reauthorization Act of 2021’’.

(b) DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10443) is amended to read as follows: ‘‘SEC.

2003.

DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.
‘‘(a) APPOINTMENT.—The President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this title HR 1620 RFS 201 referred to as the ‘Director’) to be responsible, under the general authority of the Attorney General, for the admin- istration, coordination, and implementation of the pro- grams and activities of the Office.
‘‘(b) OTHER EMPLOYMENT.—The Director shall not— ‘‘(1) engage in any employment other than that of serving as Director; or ‘‘(2) hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agree- ment under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat.
3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat.

54), or the Violence Against Women Act Reauthorization Act of 2021.

‘‘(c) VACANCY.—In the case of a vacancy, the Presi- dent may designate an officer or employee who shall act as Director during the vacancy.
‘‘(d) COMPENSATION.—The Director shall be com- pensated at a rate of pay not to exceed the rate payable HR 1620 RFS 202 for level V of the Executive Schedule under section 5316 of title 5, United States Code.’’.
(c) DUTIES AND FUNCTIONS OF DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2004 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10444) is amended to read as follows: ‘‘SEC.

2004.

DUTIES AND FUNCTIONS OF DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.

‘‘The Director shall have the following duties: ‘‘(1) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women.
‘‘(2) Providing information to the President, the Congress, the judiciary, State, local, and Tribal governments, and the general public on matters re- lating to violence against women.

‘‘(3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or com- missions addressing policy or issues relating to vio- lence against women.
‘‘(4) Serving, at the request of the President, acting through the Attorney General, as the rep- resentative of the United States Government on human rights and economic justice matters related HR 1620 RFS 203 to violence against women in international fora, in- cluding, but not limited to, the United Nations.
‘‘(5) Carrying out the functions of the Depart- ment of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat.

3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat.
54), and the Vi- olence Against Women Act Reauthorization Act of 2021, including with respect to those functions— ‘‘(A) the development of policy, protocols, and guidelines; ‘‘(B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and ‘‘(C) the awarding and termination of grants, cooperative agreements, and contracts.
‘‘(6) Providing technical assistance, coordina- tion, and support to— ‘‘(A) other components of the Department of Justice, in efforts to develop policy and to HR 1620 RFS 204 enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws; ‘‘(B) other Federal, State, local, and Trib- al agencies, in efforts to develop policy, provide technical assistance, synchronize Federal defini- tions and protocols, and improve coordination among agencies carrying out efforts to elimi- nate violence against women, including Indian or indigenous women; and ‘‘(C) grantees, in efforts to combat violence against women and to provide support and as- sistance to victims of such violence.
‘‘(7) Exercising such other powers and func- tions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General.

‘‘(8) Establishing such rules, regulations, guide- lines, and procedures as are necessary to carry out any function of the Office.’’.

(d) STAFF OF OFFICE ON VIOLENCE AGAINST WOMEN.—Section 2005 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10445) is amend- ed in the heading, by striking ‘‘VIOLENCE AGAINST HR 1620 RFS 205 WOMEN OFFICE’’ and inserting ‘‘OFFICE ON VIO- LENCE AGAINST WOMEN’’.
(e) CLERICAL AMENDMENT.—Section 121(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C.

20124(a)(1)) is amended by striking ‘‘the Violence Against Women Of- fice’’ and inserting ‘‘the Office on Violence Against Women’’.
(f) REPORT.—Not later than 180 days after the date of enactment of this Act, the Director of the Office on Violence Against Women shall— (1) in consultation with the Substance Abuse and Mental Health Services Administration, report to Congress on actions taken to prevent suicide amongst survivors of sexual assault, domestic vio- lence, dating violence, and stalking; and (2) in consultation with the Substance Abuse and Mental Health Services Administration, estab- lish best practices to prevent suicide amongst sur- vivors of sexual assault, domestic violence, dating vi- olence, and stalking.
HR 1620 RFS 206 SEC.

1002.

OFFICE ON VIOLENCE AGAINST WOMEN A DEP- UTY DIRECTOR FOR CULTURALLY SPECIFIC COMMUNITIES.

Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C.

10441 et seq.)
10441 et seq.)

is amended by in- serting after section 2004 the following: ‘‘SEC.

2004A.

DEPUTY DIRECTOR FOR CULTURALLY SPE- CIFIC COMMUNITIES.

‘‘(a) ESTABLISHMENT.—There is established in the Office on Violence Against Women a Deputy Director for Culturally Specific Communities.
‘‘(b) DUTIES.—The Deputy Director shall, under the guidance and authority of the Director of the Office on 14 Violence Against Women— 26 ‘‘(1) oversee the administration of grants re- lated to culturally specific services and contracts with culturally specific organizations; ‘‘(2) coordinate development of Federal policy, protocols, and guidelines on matters relating to do- mestic violence, dating violence, sexual assault, and stalking, in culturally specific communities; ‘‘(3) advise the Director of the Office on Vio- lence Against Women concerning policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities; HR 1620 RFS 207 ‘‘(4) provide technical assistance, coordination, and support to other offices and bureaus in the De- partment of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating vi- olence, sexual assault, and stalking in culturally spe- cific communities; ‘‘(5) ensure that appropriate technical assist- ance, developed and provided by entities having ex- pertise in culturally specific communities is made available to grantees and potential grantees pro- posing to serve culturally specific communities; and ‘‘(6) ensure access to grants and technical as- sistance for culturally specific organizations and analyze the distribution of funding in order to iden- tify barriers for culturally specific organizations.’’.
TITLE XI—IMPROVING CONDI- TIONS FOR WOMEN IN FED- ERAL CUSTODY SEC.

1101.

IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER INDIVID- UALS IN FEDERAL PRISONS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Ramona Brant Improvement of Conditions for Women in Federal Custody Act’’.
HR 1620 RFS 208 (b) IN GENERAL.—Chapter 303 of title 18, United States Code, is amended by adding at the end the fol- lowing: ‘‘§ 4051.
Treatment of primary caretaker parents and other individuals ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘correctional officer’ means a cor- rectional officer of the Bureau of Prisons; ‘‘(2) the term ‘covered institution’ means a Federal penal or correctional institution; ‘‘(3) the term ‘Director’ means the Director of the Bureau of Prisons; ‘‘(4) the term ‘post-partum recovery’ means the first 8-week period of post-partum recovery after giving birth; ‘‘(5) the term ‘primary caretaker parent’ has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C.
12242); ‘‘(6) the term ‘prisoner’ means an individual who is incarcerated in a Federal penal or correc- tional institution, including a vulnerable person; and ‘‘(7) the term ‘vulnerable person’ means an in- dividual who— HR 1620 RFS 209 ‘‘(A) is under 21 years of age or over 60 years of age; ‘‘(B) is pregnant; ‘‘(C) identifies as lesbian, gay, bisexual, transgender, or intersex; ‘‘(D) is victim or witness of a crime; ‘‘(E) has filed a nonfrivolous civil rights claim in Federal or State court; ‘‘(F) has a serious mental or physical ill- ness or disability; or ‘‘(G) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the vic- tim of gender-based violence— ‘‘(i) by any court or administrative ju- dicial proceeding; ‘‘(ii) by any corrections official; ‘‘(iii) by the individual’s attorney or legal service provider; or ‘‘(iv) by the individual.
‘‘(b) GEOGRAPHIC PLACEMENT.— ‘‘(1) ESTABLISHMENT OF OFFICE.—The Direc- tor shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
HR 1620 RFS 210 ‘‘(2) PLACEMENT OF PRISONERS.—In deter- mining the placement of a prisoner, the office estab- lished under paragraph (1) shall— ‘‘(A) if the prisoner has children, place the prisoner as close to the children as possible; ‘‘(B) in deciding whether to assign a transgender or intersex prisoner to a facility for male or female prisoners, and in making other housing and programming assignments, con- sider on a case-by-case basis whether a place- ment would ensure the prisoner’s health and safety, including serious consideration of the prisoner’s own views with respect to their safe- ty, and whether the placement would present management or security problems; and ‘‘(C) consider any other factor that the of- fice determines to be appropriate.
‘‘(c) PROHIBITION ON PLACEMENT OF PREGNANT PRISONERS OR PRISONERS IN POST-PARTUM RECOVERY IN SEGREGATED HOUSING UNITS.— ‘‘(1) PLACEMENT IN SEGREGATED HOUSING UNITS.—A covered institution may not place a pris- oner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner pre- HR 1620 RFS 211 sents an immediate risk of harm to the prisoner or others.
‘‘(2) RESTRICTIONS.—Any placement of a pris- oner described in subparagraph (A) in a segregated housing unit shall be limited and temporary.

‘‘(d) INTAKE AND ASSESSMENTS.—The Director shall administer family-focused programming at intake, such as questions about children, gauge interest in par- enting resources, and concerns about their child or caregiving; and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs.
‘‘(e) PARENTING CLASSES.—The Director shall pro- vide parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964.
‘‘(f) TRAUMA SCREENING.—The Director shall pro- vide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, includ- ing each instructor and health care professional, to enable those correctional officers and employees to— HR 1620 RFS 212 ‘‘(1) identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced; and ‘‘(2) refer a prisoner described in paragraph (1) to the proper healthcare professional for treatment.
‘‘(g) FAMILY NEEDS TRAINING.—The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on— ‘‘(1) how to interact with children in an age-ap- propriate manner, and the children’s caregivers; ‘‘(2) basic childhood and adolescent develop- ment information; and ‘‘(3) basic customer service skills.

‘‘(h) INMATE HEALTH.— ‘‘(1) HEALTH CARE ACCESS.—The Director shall ensure that all prisoners receive adequate health care.
‘‘(2) HYGIENIC PRODUCTS.—The Director shall make essential hygienic products, including sham- poo, toothpaste, toothbrushes, and any other hygien- ic product that the Director determines appropriate, available without charge to prisoners.
The Director shall make rules— HR 1620 RFS 213 ‘‘(A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products re- ceives a quantity the prisoner deems sufficient; and ‘‘(B) providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products.
‘‘(3) GYNECOLOGIST ACCESS.—The Director shall ensure that all prisoners have access to a gyne- cologist as appropriate.
‘‘(i) USE OF SEX-APPROPRIATE CORRECTIONAL OF- FICERS.— ‘‘(1) REGULATIONS.—The Director shall make rules under which— ‘‘(A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless— ‘‘(i) the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff is available to assist; or HR 1620 RFS 214 ‘‘(ii) the prisoner has previously re- quested that an officer of a different sex conduct searches; ‘‘(B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless— ‘‘(i) a prisoner in the restroom pre- sents a risk of immediate harm to them- selves or others; or ‘‘(ii) there is a medical emergency in the restroom and no other correctional offi- cer of the appropriate sex is available to assist; ‘‘(C) a transgender prisoner’s sex is deter- mined according to the sex with which they identify; and ‘‘(D) a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex.
‘‘(2) RELATION TO OTHER LAWS.—Nothing in paragraph (1) shall be construed to affect the re- quirements under the Prison Rape Elimination Act of 2003 (42 U.S.C.

15601 et seq.).’’.
HR 1620 RFS 215 (c) SUBSTANCE ABUSE TREATMENT.—Section 3621(e) of title 18, United States Code, is amended by adding at the end the following: ‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER PARENTS AND PREGNANT WOMEN.—The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as de- fined in section 4051) or pregnant from partici- pating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Pris- ons.’’.
(d) IMPLEMENTATION DATE.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Director of the Bureau of Prisons shall implement this section and the amendments made by this section.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committee on HR 1620 RFS 216 the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a re- port on the implementation of this section and the amendments made by this section.
(e) TECHNICAL AND CONFORMING AMENDMENT.— The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the fol- lowing: ‘‘4051.

Treatment of primary caretaker parents and other individuals.’’.

SEC.

1102.

PUBLIC HEALTH AND SAFETY OF WOMEN.

(a) SHORT TITLE.—This section may be cited as the ‘‘Stop Infant Mortality And Recidivism Reduction Act’’ or the ‘‘SIMARRA Act’’.
(b) ESTABLISHMENT.—Not later than 270 days after the date of the enactment of this section, the Director of the Federal Bureau of Prisons (in this section referred to as the ‘‘Director’’) shall establish a pilot program (in this section referred to as the ‘‘Program’’) in accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incar- ceration to reside together while the inmate serves a term of imprisonment in a separate housing wing of the prison.
(c) PURPOSES.—The purposes of this section are 23 to— 24 25 (1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trau- HR 1620 RFS 217 ma and stress experienced by the unborn fetuses of pregnant inmates; (2) reduce the recidivism rates of federally in- carcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with spe- cial needs; (3) establish female offender risk and needs as- sessment as the cornerstones of a more effective and efficient Federal prison system; (4) implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide Federal prison officials with a roadmap to address the pre- and post-natal needs of Federal pregnant offenders, manage limited re- sources, and enhance public safety; (5) perform regular outcome evaluations of the effectiveness of programs and interventions for fed- erally incarcerated pregnant women and mothers to assure that such programs and interventions are evi- dence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and (6) assist the Department of Justice to address the underlying cost structure of the Federal prison HR 1620 RFS 218 system and ensure that the Department can con- tinue to run prison nurseries safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforce- ment missions.
(d) DUTIES OF THE DIRECTOR OF BUREAU OF PRIS- ONS.— (1) IN GENERAL.—The Director shall carry out this section in consultation with— (A) a licensed and board-certified gyne- cologist or obstetrician; (B) the Director of the Administrative Of- fice of the United States Courts; (C) the Director of the Office of Probation and Pretrial Services; (D) the Director of the National Institute of Justice; and (E) the Secretary of Health and Human Services.
(2) DUTIES.—The Director shall, in accordance with paragraph (3)— (A) develop an offender risk and needs as- sessment system particular to the health and sensitivities of federally incarcerated pregnant HR 1620 RFS 219 women and mothers in accordance with this subsection; (B) develop recommendations regarding re- cidivism reduction programs and productive ac- tivities in accordance with subsection (c); (C) conduct ongoing research and data analysis on— (i) the best practices relating to the use of offender risk and needs assessment tools particular to the health and sensitivi- ties of federally incarcerated pregnant women and mothers; (ii) the best available risk and needs assessment tools particular to the health and sensitivities of federally incarcerated pregnant women and mothers and the level to which they rely on dynamic risk factors that could be addressed and changed over time, and on measures of risk of recidi- vism, individual needs, and responsiveness to recidivism reduction programs; (iii) the most effective and efficient uses of such tools in conjunction with re- cidivism reduction programs, productive activities, incentives, and rewards; and HR 1620 RFS 220 (iv) which recidivism reduction pro- grams are the most effective— (I) for federally incarcerated pregnant women and mothers classi- fied at different recidivism risk levels; and (II) for addressing the specific needs of federally incarcerated preg- nant women and mothers; (D) on a biennial basis, review
 the system developed under subparagraph (A) and the rec- ommendations developed under subparagraph (B), using the research conducted under sub- paragraph (C), to determine whether any revi- sions or updates should be made, and if so, make such revisions or updates; (E) hold periodic meetings with the indi- viduals listed in paragraph (1) at intervals to be determined by the Director; (F) develop tools to communicate par- enting program availability and eligibility cri- teria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of HR 1620 RFS 221 Prisons facility understands the resources avail- able to such inmate; and (G) report to Congress in accordance with subsection (i).
(3) METHODS.—In carrying out the duties under paragraph (2), the Director shall— (A) consult relevant stakeholders; and (B) make decisions using data that is based on the best available statistical and em- pirical evidence.

(e) ELIGIBILITY.—An inmate may apply to partici- pate in the Program if the inmate— (1) is pregnant at the beginning of or during the term of imprisonment; and (2) is in the custody or control of the Federal Bureau of Prisons.
(f) PROGRAM TERMS.— (1) TERM OF PARTICIPATION.—To correspond with the purposes and goals of the Program to pro- mote bonding during the critical stages of child de- velopment, an eligible inmate selected for the Pro- gram may participate in the Program, subject to subsection (g), until the earliest of— (A) the date that the inmate’s term of im- prisonment terminates; HR 1620 RFS 222 (B) the date the infant fails to meet any medical criteria established by the Director or the Director’s designee along with a collective determination of the persons listed in sub- section (d)(1); or (C) 30 months.
(2) INMATE REQUIREMENTS.—For the duration of an inmate’s participation in the Program, the in- mate shall agree to— (A) take substantive steps towards acting in the role of a parent or guardian to any child of that inmate; (B) participate in any educational or coun- seling opportunities established by the Director, including topics such as child development, par- enting skills, domestic violence, vocational train- ing, or substance abuse, as appropriate; (C) abide by any court decision regarding the legal or physical custody of the child; (D) transfer to the Federal Bureau of Prisons any child support payments for the in- fant of the participating inmate from any per- son or governmental entity; and (E) specify a person who has agreed to take at least temporary custody of the child if HR 1620 RFS 223 the inmate’s participation in the Program ter- minates before the inmate’s release.
(g) CONTINUITY OF CARE.—The Director shall take appropriate actions to prevent detachment or disruption of either an inmate’s or infant’s health and bonding-based well-being due to termination of the Program.

(h) REPORTING.— (1) IN GENERAL.—Not later than 6 months after the date of the enactment of this section and once each year thereafter for 5 years, the Director shall submit a report to the Congress with regards to progress in implementing the Program.
(2) FINAL REPORT.—Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that con- tains a detailed statement of the Director’s findings and conclusions, including recommendations for leg- islation, administrative actions, and regulations the Director considers appropriate.

(i) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026.
HR 1620 RFS 224 SEC.

1103.

RESEARCH AND REPORT ON WOMEN IN FED- ERAL INCARCERATION.
Not later than 18 months after the date of enactment of this Act, and thereafter, every other year, the National Institutes of Justice, in consultation with the Bureau of Justice Statistics and the Bureau of Prisons (including the Women and Special Population Branch) shall prepare a report on the status of women in Federal incarceration.
Depending on the topic to be addressed, and the facility, data shall be collected from Bureau of Prisons personnel and a sample that is representative of the population of incarcerated women.
The report shall include: (1) With regard to Federal facilities wherein women are incarcerated— (A) responses by such women to questions from the Adverse Childhood Experience (ACES) questionnaire; (B) demographic data of such women, in- cluding sexual orientation, gender identity, and status as an American Indian, Alaska Native, or Native Hawaiian; (C) data on the number of women who are incarcerated and placed in Federal and private facilities more than 200 miles from their place of residence; HR 1620 RFS 225 (D) responses by such women to questions about the extent of exposure to sexual victim- ization, sexual violence and domestic violence (both inside and outside of incarceration); (E) the number of such women were preg- nant at the time that they entered incarcer- ation; (F) the number of such women who have children age 18 or under, and if so, how many; and (G) the crimes for which such women are incarcerated and the length of their sentence and to the extent practicable, any information on the connection between the crime of which they were convicted & their experience of do- mestic violence, dating violence, sexual assault, or stalking.
(2) With regard to all Federal facilities where persons are incarcerated— (A) a list of best practices with respect to women’s incarceration and transition, including staff led programs, services and management practices (including making sanitary products readily available and easily accessible, and ac- cess to and provision of healthcare); HR 1620 RFS 226 (B) the availability of trauma treatment at each facility (including number of beds, and number of trained staff); (C) rates of serious mental illness broken down by gender and security level and a list of residential programs available by site; and (D) the availability of vocational education and a list of vocational programs provided by each facility.
SEC.

1104.

REENTRY PLANNING AND SERVICES FOR INCAR- CERATED WOMEN.

The Attorney General, in coordination with the Chief of U.S.

Probation and Pretrial Services and the Director of the Bureau of Prisons (including Women and Special Population Branch), shall collaborate on a model of gen- der responsive transition for incarcerated women, includ- ing the development of a national standard on prevention with respect to domestic and sexual violence.
In developing the model, the Chief and the Director shall consult with such experts within the Federal government (including the Office on Violence Against Women of the Department of Justice, Indian Tribes (as defined in section 4 of the In- dian Self-Determination and Education Assistance Act), and Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of HR 1620 RFS 227 1965)) and in the victim service provider community (in- cluding sexual and domestic violence and homelessness, job training and job placement service providers) as are necessary to the completion of a comprehensive plan.
Issues addressed should include— (1) the development by the Bureau of Prisons of a contract for gender collaborative services; and (2) identification by re-entry affairs coordina- tors and responsive planning for the needs of re-en- tering women with respect to— (A) housing, including risk of homeless- ness; (B) previous exposure to and risk for do- mestic and sexual violence; (C) the need for parenting classes, assist- ance securing childcare, or assistance in seeking or securing jobs that afford flexibility (as might be necessary in the re-entry, parenting or other contexts); (D) other support tailored to the needs of Indigenous women, including American Indian, Alaska Native, and Native Hawaiian women; and (E) the need to ensure a family-focused re- entry, by including incarcerated mothers, their HR 1620 RFS 228 children, and their caregivers to create family reentry planning and programming; and in- forming reentry information to visiting families.
TITLE XII—LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY SEC.

1201.

NOTIFICATION TO LAW ENFORCEMENT AGEN- CIES OF PROHIBITED PURCHASE OR AT- TEMPTED PURCHASE OF A FIREARM.

(a) IN GENERAL.—Title I of the NICS Improvement Amendments Act of 2007 (18 U.S.C.

922 note) is amend- ed by adding at the end the following: ‘‘SEC.

108.

NOTIFICATION TO LAW ENFORCEMENT AGEN- CIES OF PROHIBITED PURCHASE OF A FIRE- ARM.
‘‘(a) IN GENERAL.—In the case of a background check conducted by the National Instant Criminal Back- ground Check System pursuant to the request of a li- censed importer, licensed manufacturer, or licensed dealer of firearms (as such terms are defined in section 921 of title 18, United States Code), which background check de- termines that the receipt of a firearm by a person would violate subsection (g)(8), (g)(9), or (g)(10) of section 922 of title 18, United States Code, and such determination is made after 3 business days have elapsed since the li- HR 1620 RFS 229 censee contacted the System and a firearm has been trans- ferred to that person, the System shall notify the law en- forcement agencies described in subsection (b).
‘‘(b) LAW ENFORCEMENT AGENCIES DESCRIBED.— The law enforcement agencies described in this subsection are the law enforcement agencies that have jurisdiction over the location from which the licensee contacted the system and the law enforcement agencies that have juris- diction over the location of the residence of the person for which the background check was conducted, as follows: ‘‘(1) The field office of the Federal Bureau of Investigation.

‘‘(2) The local law enforcement agency.


‘‘(3) The State law enforcement agency.

‘‘(4) The Tribal law enforcement agency.’’.

(b) CLERICAL AMENDMENT.—The table of contents of the NICS Improvement Amendments Act of 2007 (18 10 U.S.C.

922 note) is amended by inserting after the item relating to section 107 the following: ‘‘Sec.

108.

Notification to law enforcement agencies of prohibited purchase of a firearm.’’.
HR 1620 RFS 230 SEC.

1202.

REPORTING OF BACKGROUND CHECK DENIALS TO STATE, LOCAL, AND TRIBAL AUTHORI- TIES.

(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following: ‘‘§ 925B.
Reporting of background check denials to State, local, and Tribal authorities ‘‘(a) IN GENERAL.—If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C.
922 note) provides a notice pursuant to section 922(t) of this title that the receipt of a firearm by a person would violate subsection (g)(8), (g)(9), or (g)(10) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b) of this section— ‘‘(1) report to the law enforcement authorities of the State where the person sought to acquire the firearm and, if different, the law enforcement au- thorities of the State of residence of the person— ‘‘(A) that the notice was provided; ‘‘(B) of the specific provision of law that would have been violated; ‘‘(C) of the date and time the notice was provided; HR 1620 RFS 231 ‘‘(D) of the location where the firearm was sought to be acquired; and ‘‘(E) of the identity of the person; and ‘‘(2) report the incident to local or Tribal law enforcement authorities and, where practicable, State, Tribal, or local prosecutors, in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides.
‘‘(b) REQUIREMENTS FOR REPORT.—A report is made in accordance with this subsection if the report is made within 24 hours after the provision of the notice de- scribed in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in sub- section (a) shall be construed to require a report with re- spect to a person to be made to the same State authorities that originally issued the notice with respect to the per- son.’’.

20 21 22 (b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 925A the following: ‘‘925B.
Reporting of background check denials to State, local, and Tribal au- thorities.’’.

 HR 1620 RFS 232 SEC.

1203.

SPECIAL ASSISTANT U.S.

ATTORNEYS AND CROSS-DEPUTIZED ATTORNEYS.


(a) IN GENERAL.—Chapter 44 of title 18, United States Code, as amended by this Act, is further amended by inserting after section 925B the following: ‘‘§ 925C.
Special assistant U.S. attorneys and cross- deputized attorneys ‘‘(a) IN GENERAL.—In order to improve the enforce- ment of paragraphs (8), (9), and (10) of section 922(g), 10 the Attorney General may— 26 ‘‘(1) appoint, in accordance with section 543 of title 28, qualified State, Tribal, territorial and local prosecutors and qualified attorneys working for the United States government to serve as special assist- ant United States attorneys for the purpose of pros- ecuting violations of such paragraphs; ‘‘(2) deputize State, Tribal, territorial and local law enforcement officers for the purpose of enhanc- ing the capacity of the agents of the Bureau of Alco- hol, Tobacco, Firearms, and Explosives in respond- ing to and investigating violations of such para- graphs; and ‘‘(3) establish, in order to receive and expedite requests for assistance from State, Tribal, territorial and local law enforcement agencies responding to in- timate partner violence cases where such agencies HR 1620 RFS 233 have probable cause to believe that the offenders may be in violation of such paragraphs, points of contact within— ‘‘(A) each Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and ‘‘(B) each District Office of the United States Attorneys.
‘‘(b) IMPROVE INTIMATE PARTNER AND PUBLIC SAFETY.—The Attorney General shall— ‘‘(1) identify no less than 75 jurisdictions among States, territories and Tribes where there are high rates of firearms violence and threats of fire- arms violence against intimate partners and other persons protected under paragraphs (8), (9), and (10) of section 922(g) and where local authorities lack the resources to address such violence; and ‘‘(2) make such appointments as described in subsection (a) in jurisdictions where enhanced en- forcement of such paragraphs is necessary to reduce firearms homicide and injury rates.
‘‘(c) QUALIFIED DEFINED.—For purposes of this section, the term ‘qualified’ means, with respect to an at- torney, that the attorney is a licensed attorney in good standing with any relevant licensing authority.’’.
HR 1620 RFS 234 (b) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by inserting after the item relating to section 925B the following: ‘‘925C.
Special assistant U.S. attorneys and cross-deputized attorneys.’’.

SEC.

1204. REVIEW ON NATIVE AMERICAN INTERACTIONS WITH LAW ENFORCEMENT.
(a) REVIEW ON LAW ENFORCEMENT AFFECTING NA- TIVE HAWAIIANS.—Not later than 180 days after the date of enactment of this Act, the Attorney General shall con- duct a comprehensive review of law enforcement and other crime prevention programs targeting criminal offenses that affect Native Hawaiians, including child sexual ex- ploitation, child abuse, intimate partner violence, human trafficking, missing or murdered individuals, and sub- stance abuse and submit to Congress a report thereon.
The review shall include for each such program the amount of Federal funding for the program that is re- ceived by Native Hawaiian-serving organizations as a per- centage of the total amount disbursed by the program.
The review shall also include recommendations relating 20 to— 21 22 23 (1) social, educational, economic, and any other factor that may contribute to a Native Hawaiian be- coming a missing or murdered Native Hawaiian; and HR 1620 RFS 235 (2) legislation to reduce the likelihood that a Native Hawaiian may become a missing or murdered Native Hawaiian.
(b) REVIEW OF NATIVE HAWAIIAN VICTIMS OF VAR- IOUS CRIMES.—Not later than 180 days after the date of enactment of this Act, the Attorney General shall con- duct a comprehensive review of programs that provide services to victims of criminal offenses affecting Native Hawaiians, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and sub- stance abuse.
The report shall include for each such pro- gram the amount of Federal funding that is received by Native Hawaiian-serving organizations as a percentage 14 of— (1) the total amount disbursed by the program; and (2) the total amount of Federal funds disbursed by the program.
(c) REPORT ON NATIVE HAWAIIANS IN THE CRIMI- 20 NAL JUSTICE SYSTEM.— (1) CRIMINAL JUSTICE SYSTEM.—Not later than 180 days after the date of enactment of this Act, the Attorney General, acting through the Na- tional Institute of Justice, in coordination with the Bureau of Justice Statistics, shall report on the HR 1620 RFS 236 interaction of Native Hawaiians with the criminal justice system, including the percentage of persons who are Native Hawaiians out of the total of— (A) all persons arrested; (B) all persons detained in Federal, State, and local jails; (C) all persons subject to pretrial super- vision; (D) all persons subject to post-conviction supervision; (E) all persons incarcerated in Federal and State prisons; and (F) all persons subject to post-release su- pervision.
(2) PROGRAMS AND SERVICES.—The report shall also include the programs and services avail- able to and used by Native Hawaiians in various ju- risdictions, including diversion programs, in-prison education programs, and reentry services.

The re- port shall also include the number of culturally rel- evant programs available to Native Hawaiians who interact with the criminal justice system.
The report shall also include data on the number of Native Ha- waiians who are incarcerated and placed in Federal HR 1620 RFS 237 and private facilities more than 200 miles from their place of residence.
(3) RECOMMENDATIONS.—The report shall also include recommendations relating to— (A) social, educational, economic, and any other factor that may contribute to a Native Hawaiian becoming involved in the criminal jus- tice system; and (B) legislation to reduce the likelihood that a Native Hawaiian may become involved in the criminal justice system.

TITLE XIII—CLOSING THE LAW CONSENT ENFORCEMENT LOOPHOLE SEC.

1301.

SHORT TITLE.
1301.

SHORT TITLE.

This title may be cited as the ‘‘Closing the Law En- forcement Consent Loophole Act of 2021’’.

SEC.

1302.

PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER COLOR OF LAW.
(a) IN GENERAL.—Section 2243 of title 18, United States Code, is amended— 22 23 24 (1) in the section heading, by adding at the end the following: ‘‘or by any person acting under color of law’’; HR 1620 RFS 238 (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the fol- lowing: ‘‘(c) OF AN INDIVIDUAL BY ANY PERSON ACTING UNDER COLOR OF LAW.— ‘‘(1) IN GENERAL.—Whoever, acting under color of law, knowingly engages in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual cus- tody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both.
‘‘(2) DEFINITION.—In this subsection, the term ‘sexual act’ has the meaning given the term in sec- tion 2246.’’; and (4) in subsection (d), as so redesignated, by adding at the end the following: ‘‘(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.’’.
22 (b) DEFINITION.—Section 2246 of title 18, United 23 States Code, is amended— 24 25 end; (1) in paragraph (5), by striking ‘‘and’’ at the HR 1620 RFS 239 (2) in paragraph (6), by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting after paragraph (6) the fol- lowing: ‘‘(7) the term ‘Federal law enforcement officer’ has the meaning given the term in section 115.’’.
(c) CLERICAL AMENDMENT.—The table of sections for chapter 109A of title 18, United States Code, is amended by amending the item related to section 2243 to read as follows: ‘‘2243.

Sexual abuse of a minor or ward or by any person acting under color of law.’’.

11 12 13 SEC.

1303.

INCENTIVES FOR STATES.
(a) AUTHORITY TO MAKE GRANTS.—The Attorney General is authorized to make grants to States that have 14 in effect a law that— (1) makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act with an individual, including an indi- vidual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the con- sent of the other individual as a defense.
HR 1620 RFS 240 (b) REPORTING REQUIREMENT.—A State that re- ceives a grant under this section shall submit to the Attor- ney General, on an annual basis, information on— (1) the number of reports made to law enforce- ment agencies in that State regarding persons en- gaging in a sexual act while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
(c) APPLICATION.—A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).
(d) GRANT AMOUNT.—The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State re- ceived under the following grant programs: (1) Part T of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (34 U.S.C.

10441 et seq.)

(commonly referred to as the ‘‘STOP Vio- lence Against Women Formula Grant Program’’).
HR 1620 RFS 241 (2) Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C.

12511) (commonly referred to as the ‘‘Sexual Assault Services Pro- gram’’).
(e) GRANT TERM.— (1) IN GENERAL.—The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in sub- section (d) for a 2-year period.

(2) RENEWAL.—A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(3) LIMIT.—A State may not receive a grant under this section for more than 4 years.
(f) USES OF FUNDS.—A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the per- missible uses of funds under the grant program de- scribed in paragraph (1) of subsection (d); and (2) 75 percent of such funds for any of the per- missible uses of funds under the grant program de- scribed in paragraph (2) of subsection (d).
HR 1620 RFS 242 (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this chapter $5,000,000 for each of fiscal years 2022 through 2026.
(h) DEFINITION.—For purposes of this section, the term ‘‘State’’ means each of the several States and the District of Columbia, Indian Tribes, and the Common- wealth of Puerto Rico, Guam, American Samoa, the Vir- gin Islands, and the Northern Mariana Islands.

SEC.

1304.

REPORTS TO CONGRESS.
(a) REPORT BY ATTORNEY GENERAL.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress and make publicly available on the Depart- ment of Justice website a report containing— (1) the information required to be reported to the Attorney General under section 3(b); and (2) information on— (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and (B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
HR 1620 RFS 243 (b) REPORT BY GAO.—Not later than 1 year after the date of enactment of this Act, and each year there- after, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 2, committed during the 1-year period covered by the report.
SEC.

1305.

DEFINITION.

In this title, the term ‘‘sexual act’’ has the meaning given the term in section 2246 of title 18, United States 11 Code.

12 TITLE XIV—OTHER MATTERS SEC.

1401.

NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

Section 40603 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.

12402) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 18 through 2026’’.

19 20 21 22 SEC.

1402.


FEDERAL VICTIM ASSISTANTS REAUTHORIZA- TION.

Section 40114 of the Violence Against Women Act of 1994 (Public Law 103–322) is amended to read as fol- 23 lows HR 1620 RFS 244 ‘‘SEC.

40114.

AUTHORIZATION FOR FEDERAL VICTIM’S CO- ORDINATORS.


‘‘There are authorized to be appropriated for the United States Attorneys for the purpose of appointing vic- tim/witness coordinators for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia), $1,000,000 for each of fiscal years 2022 through 2026.’’.

SEC.

1403.

CHILD ABUSE TRAINING PROGRAMS FOR JUDI- CIAL PERSONNEL AND PRACTITIONERS RE- AUTHORIZATION.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.

20334(a)) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

SEC.

1404.

SEX OFFENDER MANAGEMENT.

Section 40152(c) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.

12311(c)) is amended by striking ‘‘2014 through 2018’’ and inserting 19 ‘‘2022 through 2026’’.

20 21 22 23 24 SEC.

1405.

COURT-APPOINTED SPECIAL ADVOCATE PRO- GRAM.

Section 219(a) of the Crime Control Act of 1990 (34 U.S.C.
20324(a)) is amended by striking ‘‘2014 through 2018’’ and inserting ‘‘2022 through 2026’’.

 HR 1620 RFS 245 SEC.

1406.

SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

Section 304(d) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C.
40723(d)) is amended by striking ‘‘2019 through 2024’’ and inserting ‘‘2022 through 2026’’.

SEC.

1406A.

STRATEGIES TO IMPROVE COORDINATION OF SEXUAL ASSAULT FORENSIC NURSE EXAM TRAINING AND PROGRAM SUSTAINABILITY.

Not later than 1 year after the date of the enactment of this Act, the Attorney General and Secretary of the De- partment of Health and Human Services shall issue and disseminate guidance and best practices to improve sexual assault forensic nurse exam training and program sustain- ability.
Such guidance shall include technical assistance and best practices with respect to— (1) aspects of performing the medical forensic exam, including anogenital photography, other pho- tographic documentation, photographic documenta- tion record management, and quality assurance peer review; (2) training and certification; (3) leadership development; (4) examiner program sustainability and exam- iner retention; HR 1620 RFS 246 (5) education of community stakeholders, in- cluding law enforcement officials, victim advocates, and prosecutors; and (6) use of telehealth for both training exam- iners and conducting the exams, including the Project ECHO model and other models.
SEC.

1407. REVIEW ON LINK BETWEEN SUBSTANCE USE AND VICTIMS OF DOMESTIC VIOLENCE DAT- ING VIOLENCE, SEXUAL ASSAULT, OR STALK- ING.

Not later than 24 months after the date of enactment of this Act, the Secretary of the Department of Health and Human Services shall complete a review and submit a report to Congress on whether being a victim of domestic violence, dating violence, sexual assault, or stalking in- creases the likelihood of having a substance use disorder.

SEC.

1408.
SEC.

1408.

INTERAGENCY WORKING GROUP TO STUDY FED- ERAL EFFORTS TO COLLECT DATA ON SEX- UAL VIOLENCE.

(a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Attorney Gen- eral shall establish an interagency working group (in this section referred to as the ‘‘Working Group’’) to study Fed- eral efforts to collect data on sexual violence and to make recommendations on the harmonization of such efforts.
HR 1620 RFS 247 (b) COMPOSITION.—The Working Group shall be comprised of at least one representative from the following agencies, who shall be selected by the head of that agency: (1) The Centers for Disease Control and Pre- vention.

(2) The Department of Education.


(3) The Department of Health and Human Services.

(4) The Department of Justice.

(5) The Equal Employment Opportunity Com- mission.

(c) DUTIES.—The Working Group shall consider the following: (1) What activity constitutes different acts of sexual violence.

(2) Whether reports that use the same terms for acts of sexual violence are collecting the same data on these acts.
(3) Whether the context which led to an act of sexual violence should impact how that act is ac- counted for in reports.

(4) Whether the data collected is presented in a way that allows the general public to understand what acts of sexual violence are included in each measurement.
HR 1620 RFS 248 (5) Steps that agencies that compile reports re- lating to sexual violence can take to avoid double counting incidents of sexual violence.
(d) REPORT REQUIRED.—Not later than 2 years after the date of the enactment of this Act, the Working Group shall publish and submit to Congress a report on the following: (1) The activities of the Working Group.

(2) Recommendations to harmonize Federal ef- forts to collect data on sexual violence.

(3) Actions Federal agencies can take to imple- ment the recommendations described in paragraph (2).
(4) Recommendations, if any, for congressional action to implement the recommendations described in paragraph (2).

(e) TERMINATION.—The Working Group shall termi- nate 30 days after the date on which the report is sub- mitted pursuant to subsection (d).

(f) DEFINITIONS.—In this section: (1) HARMONIZE.—The term ‘‘harmonize’’ in- cludes efforts to coordinate sexual violence data col- lection to produce complementary information, as appropriate, without compromising programmatic needs.
HR 1620 RFS 249 (2) SEXUAL VIOLENCE.—The term ‘‘sexual vio- lence’’ includes an unwanted sexual act (including both contact and non-contact) about which the Fed- eral Government collects information.

SEC.

1409.

NATIONAL DOMESTIC VIOLENCE HOTLINE.


Not later than 3 months after the date of enactment of this Act, a national domestic violence hotline for which a grant is provided under section 313 of the Family Vio- lence Prevention and Services Act shall include the vol- untary feature of texting via telephone to ensure all meth- ods of communication are available for victims and those seeking assistance.

13 SEC.

1410.
SEC.

1410.

DEPUTY ASSISTANT ATTORNEY GENERAL ON CULTURALLY SPECIFIC COMMUNITIES WITH- IN THE OFFICE OF JUSTICE PROGRAMS.
There shall be a Deputy Assistant Attorney General on Culturally Specific Communities within the Office of Justice Programs who shall, under the guidance and au- thority of the Assistant Attorney General Office of Justice 20 Programs— (1) oversee the administration of grants related to culturally specific services and contracts with cul- turally specific organizations; (2) coordinate development of Federal policy, protocols, and guidelines on matters relating to do- HR 1620 RFS 250 mestic violence, dating violence, sexual assault and stalking, in culturally specific communities; (3) advise the Assistant Attorney General of the Office of Justice Programs concerning policies, legis- lation, implementation of laws, and other issues re- lating to domestic violence, dating violence, sexual assault and stalking in culturally specific commu- nities; (4) provide technical assistance, coordination, and support to other offices and bureaus in the De- partment of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating vi- olence, sexual assault, and stalking in culturally spe- cific communities; (5) ensure that appropriate technical assistance, developed and provided by entities having expertise in culturally specific is made available to grantees and potential grantees proposing to serve culturally specific communities; and (6) ensure access to grants and technical assist- ance for culturally specific organizations and analyze the distribution of funding in order to identify bar- riers for culturally specific organizations.
HR 1620 RFS SEC.

1411.

NATIONAL RESOURCE CENTER ON WORKPLACE 251 RESPONSES TO ASSIST VICTIMS OF DOMES- TIC AND SEXUAL VIOLENCE ASSISTANCE FOR MICROBUSINESSES.

Section 41501(b) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12501(b)) is amended— (1) in paragraph (2), by inserting after ‘‘State and local governments’’ the following: ‘‘, and em- ployers with fewer than 20 employees’’; and (2) in paragraph (3), by inserting before the pe- riod at the end the following: ‘‘, which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials’’.

SEC.

1412.

CIVIL ACTION RELATING TO DISCLOSURE OF IN- TIMATE IMAGES.
(a) DEFINITIONS.—In this section: (1) CONSENT.—The term ‘‘consent’’ means, with respect to an individual, an affirmative, con- scious, and voluntary authorization made by the in- dividual free from force, fraud, misrepresentation, or coercion of the depicted individual.
(2) COMMERCIAL PORNOGRAPHIC CONTENT.— The term ‘‘commercial pornographic content’’ means any material that is subject to the record keeping re- 26 HR 1620 RFS 252 quirements under section 2257 of title 18, United States Code.
(3) DEPICTED INDIVIDUAL.—The term ‘‘de- picted individual’’ means an individual whose body is disclosed in whole or in part in an intimate image.

(4) DISCLOSE.—The term ‘‘disclose’’ means to transfer, publish, distribute, or make accessible an intimate image.

(5) IDENTIFIABLE.—The term ‘‘identifiable’’ means recognizable by an individual other than the depicted individual from— (A) the intimate image itself; or (B) information or text displayed in con- nection with the intimate image.
(6) INTIMATE IMAGE.—The term ‘‘intimate image’’— (A) means a photograph, film, video re- cording, or digital recording that shows— (i) the uncovered genitals, pubic area, anus, or female nipple of an individual; (ii) the display or transfer of bodily sexual fluids on to any part of the body of an individual; (iii) an individual engaging in sexually explicit conduct; or HR 1620 RFS 253 (iv) an individual being subjected to sexually explicit conduct; and (B) includes any image described in sub- paragraph (A) captured or recorded while the depicted individual was in a public place if— (i) the depicted individual did not vol- untarily display the content depicted in the image; or (ii) the depicted individual did not consent to the sexual conduct depicted in the image.
(7) SEXUALLY EXPLICIT CONDUCT.—The term ‘‘sexually explicit conduct’’ has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code.
(b) CIVIL ACTION.— (1) RIGHT OF ACTION.—Except as provided in paragraph (4), a depicted individual, or in the case of a depicted individual who is a minor, the parent of the depicted individual, whose intimate image is disclosed, in or through interstate or foreign com- merce or using a means of interstate or foreign com- merce (including the internet), without the consent of the depicted individual, and such disclosure was made by a person who acted knowingly without, or HR 1620 RFS 254 with reckless disregard for, the consent of the de- picted individual to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for appropriate relief.
(2) CONSENT.—For purposes of an action under paragraph (1)— (A) evidence that the depicted individual provided consent to the capture or recording of the intimate image shall not, by itself, con- stitute evidence that the depicted individual provided consent to the disclosure of the inti- mate image; and (B) evidence that the depicted individual disclosed the image to the person alleged to have violated paragraph (1) shall not, by itself, constitute evidence that the depicted individual provided consent to the further disclosure of the intimate image.
(3) RELIEF.— (A) IN GENERAL.—In a civil action filed under this section— (i) an individual may recover the ac- tual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of the action, in- HR 1620 RFS 255 cluding reasonable attorney’s fees and other litigation costs reasonably incurred; and (ii) the court may, in addition to any other relief available at law, order equi- table relief, including a temporary restrain- ing order, a preliminary injunction, or a permanent injunction ordering the defend- ant to cease display or disclosure of the image.
(B) PRESERVATION OF ANONYMITY.—In ordering relief under subparagraph (A), the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseu- donym.
(4) EXCEPTIONS.—A depicted individual may not bring an action for relief under this section re- lating to— (A) an intimate image that is commercial pornographic content unless— (i) the content was produced by force, fraud, misrepresentation, or coercion of the depicted individual; and (ii) the claim of force, fraud, mis- representation, or coercion under clause (i) HR 1620 RFS 256 is demonstrated through a preponderance of evidence; (B) a disclosure made in good faith— (i) to a law enforcement officer or agency; (ii) as part of a legal proceeding; (iii) as part of medical education, di- agnosis, or treatment; or (iv) in the reporting or investigation of— (I) unlawful content; or (II) unsolicited or unwelcome conduct; (C) a matter of public concern or public in- terest; or (D) a disclosure reasonably intended to as- sist the depicted individual.
SEC.

1413.

CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Stopping Harmful Image Exploitation and Limiting Dis- tribution Act of 2021’’ or the ‘‘SHIELD Act of 2021’’.
(b) IN GENERAL.—Chapter 88 of title 18, United States Code, is amended by adding at the end the fol- lowing: HR 1620 RFS 257 ‘‘§ 1802.
Certain activities relating to intimate visual depictions ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COMMUNICATIONS SERVICE.—The term ‘communications service’ means— ‘‘(A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C.
153), insofar as the person is acting as a common carrier; ‘‘(B) an electronic communication service, as that term is defined in section 2510; ‘‘(C) an information service, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C.

153); and ‘‘(D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 (47 U.S.C.

230(f)).
230(f)).

‘‘(2) INFORMATION CONTENT PROVIDER.—The term ‘information content provider’ has the meaning given that term in section 230(f) of the Communica- tions Act of 1934 (47 U.S.C.

230(f)).
‘‘(3) INTIMATE VISUAL DEPICTION.—The term ‘intimate visual depiction’ means any visual depic- tion (as that term is defined in section 2256(5))— 26 HR 1620 RFS 258 ‘‘(A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction; ‘‘(B) in which— ‘‘(i) the individual has obtained 18 years of age and is engaging in sexually explicit conduct; or ‘‘(ii) the naked genitals, anus, pubic area or post-pubescent female nipple of the individual are visible; ‘‘(C) in which the content described in sub- paragraph (B) is not simulated; and ‘‘(D) in original or modified format.
‘‘(4) SEXUALLY EXPLICIT CONDUCT.—The term ‘sexually explicit conduct’ has the meaning given that term in section 2256(2)(A).
‘‘(b) OFFENSE.—Except as provided in subsection (d), it shall be unlawful to knowingly use any means or facility of interstate or foreign commerce to distribute an intimate visual depiction of an individual— ‘‘(1) with knowledge of or reckless disregard for— ‘‘(A) the lack of consent of the individual to the distribution; and HR 1620 RFS 259 ‘‘(B) the reasonable expectation of the in- dividual that the depiction would remain pri- vate; and ‘‘(2) without an objectively reasonable belief that such distribution touches upon a matter of pub- lic concern.
‘‘(c) PENALTY.—Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 2 years, for each individual victim depicted, or both.
‘‘(d) EXCEPTIONS.— ‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, AND OTHER LEGAL PROCEEDINGS.—This section— ‘‘(A) does not prohibit any lawful law en- forcement, correctional, or intelligence activity; ‘‘(B) shall not apply in the case of an indi- vidual acting in good faith to report unlawful activity or in pursuance of a legal or profes- sional or other lawful obligation; and ‘‘(C) shall not apply in the case of a docu- ment production or filing associated with a legal proceeding.
‘‘(2) SERVICE PROVIDERS.—This section shall not apply to any provider of a communications serv- ice with regard to content provided by another infor- mation content provider unless the provider of the HR 1620 RFS 260 communications service intentionally solicits, or knowingly and predominantly distributes, content that the provider of the communications service ac- tually knows is in violation of this section.
‘‘(e) THREATS.—Any person who intentionally threatens to commit an offense under subsection (b) shall be punished as provided in subsection (c).

‘‘(f) VENUE AND EXTRATERRITORIALITY.—A pros- ecution under this section may be brought in a district where the defendant or the depicted individual resides or in a district where the intimate visual depictions are dis- tributed.
There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the de- picted individual is a citizen or permanent resident of the 15 United States.’’.

16 17 18 (c) CLERICAL AMENDMENT.—The table of sections of chapter 88 of title 18, United States Code, is amended by inserting after the item relating to section 1801 the 19 following: ‘‘1802.

Certain activities relating to intimate visual depictions.’’.

SEC.

1414.

TASK FORCE ON SEXUAL VIOLENCE IN EDU- CATION.
(a) TASK FORCE ON SEXUAL VIOLENCE IN EDU- CATION.—Not later than September 1, 2022, the Sec- retary of Education, the Secretary of Health and Human Services, and the Attorney General shall establish a joint HR 1620 RFS 261 interagency task force to be known as the ‘‘Task Force on Sexual Violence in Education’’ that shall— (1) provide pertinent information to the Sec- retary of Education, Attorney General, Congress, and the public with respect to campus sexual vio- lence prevention, investigations, and responses, in- cluding the creation of consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.)

and section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)); (2) provide recommendations to educational in- stitutions for establishing sexual assault prevention and response teams; (3) develop recommendations for educational in- stitutions on providing survivor resources, including healthcare, sexual assault kits, sexual assault nurse examiners, culturally responsive and inclusive stand- ards of care, trauma-informed services, and access to confidential advocacy and support services; (4) develop recommendations in conjunction with student groups at greater statistical risk of per- petuating rape culture such as fraternities and ath- letic departments for best practices for responses and prevention with respect to sexual violence and HR 1620 RFS 262 dating violence for educational institutions, taking into consideration an institution’s size and resources; (5) develop recommendations for educational in- stitutions on sex education, as appropriate, training for school staff, and various equitable discipline models; (6) develop recommendations on culturally re- sponsive and inclusive approaches to supporting sur- vivors, which include consideration of race, ethnicity, national origin, immigrant status, gender identity, sexual orientation, ability, disability, socio-economic status, exposure to trauma, and other compounding factors; (7) solicit periodic input from a diverse group of survivors, trauma specialists, advocates from na- tional, State, and local anti-sexual violence advocacy organizations, institutions of higher education, and other public stakeholders; (8) assess the Department of Education’s abil- ity under section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 (20 U.S.C.

1681 et seq.)
1681 et seq.)

and the advisability of additional remedies for such non- HR 1620 RFS 263 compliance, in addition to the remedies already available under Federal law; and (9) create a plan described in subsection (c).
(b) PERSONNEL DETAILS.— (1) AUTHORITY TO DETAIL.—Notwithstanding any other provision of law, the head of a component of any Federal agency that is funded under the Vio- lence Against Women Act of 1994 (42 U.S.C.

13925 et seq.)

may detail an officer or employee of such component to the Task Force on Sexual Violence in Education or to the Secretary of Education to assist the Task Force with the duties described in sub- section (a), as jointly agreed to by the head of such component and the Task Force.
(2) BASIS FOR DETAIL.—A personnel detail made under paragraph (1) may be made— (A) for a period of not more than 3 years; and (B) on a reimbursable or nonreimbursable basis.
(c) ADDITIONAL PLAN.—Not later than 90 days after the date on which the Task Force on Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress recommendations for re- cruiting, retaining, and training a highly-qualified work- HR 1620 RFS 264 force employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.)

or section 485(f) of the Higher Education Act of 1965 (20 U.S.C.

1092(f)), and enforcement of such title IX (20 U.S.C.

1681 et seq.)

or such section 485(f) (20 U.S.C.

1092(f)), with respect to sexual violence in education.
Such plan shall include— (1) an assessment to identify current gaps or challenges carrying out such investigation and en- forcement, which may include surveying current in- vestigative workforce to solicit feedback on areas in need of improvement; (2) an examination of issues of recruiting, re- tention, and the professional development of such workforce, including the possibility of providing re- tention bonuses or other forms of compensation for the purpose of ensuring the Department of Edu- cation has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions; (3) an assessment of the benefits of outreach and training with both law enforcement agencies and educational institutions with respect to such work- force; HR 1620 RFS 265 (4) an examination of best practices for making educational institutions aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and (5) strategies for addressing such other matters as the Secretary of Education considers necessary to sexual violence prevention, investigation, and re- sponses.
(d) ANNUAL REPORT.—The Task Force on Sexual Violence in Education shall report to Congress on an an- nual basis, and make publicly available, a report of its ac- tivities and any update of the plan required under sub- section (c), including the number of complaints received regarding sexual violence (including violence on the basis of sexual orientation and gender identity), the number of open investigations, the number of complaints that contin- ued to resolution, the number of complaints resolved using informal resolution, the average time to complete an inves- tigation, the number of investigations initiated based on complaints, and the number of investigations initiated by the Department of Education.
23 (e) DEFINITIONS.—In this section HR 1620 RFS 266 (1) The term ‘‘educational institution’’ includes an institution of higher education, an elementary school, or a secondary school.
(2) The terms ‘‘elementary school’’ and ‘‘sec- ondary school’’ have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7801).

(3) The term ‘‘institution of higher education’’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C.

1002).

SEC.

1415.

SURVIVORS’ BILL OF RIGHTS.


(a) IN GENERAL.—The Attorney General shall make grants to States that have in place a law that provides to sexual assault survivors the rights, at a minimum, under section 3772 of title 18, United States Code.
(b) GRANT AMOUNT.—Subject to the availability of appropriations, a grant to a State under this section shall be equal to 10 percent of the average of the amount of funding of the 3 most recent awards that the State re- ceived under part T of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (34 U.S.C.

10441 et seq.)

(commonly referred to as the ‘‘STOP Violence Against Women Formula Grant Program’’).
(c) APPLICATION.—A State seeking a grant under this section shall submit an application to the Attorney HR 1620 RFS 267 General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).
SEC.

1416.

REPORT ON SEXUAL ASSAULT RESPONSE TEAMS AT HOSPITALS.

In order to be eligible for funds made available by the Department of Justice under this Act or an amend- ment made by this Act, a State or unit of local government shall submit to the Attorney General a report, on an an- nual basis, which contains the following: (1) The number of hospitals in the jurisdiction that have sexual assault response teams (or their equivalent).
(2) The average response time of each such team in responding to the needs, including the emo- tional needs, of rape and sexual assault victims in the emergency room.

TITLE XV—CYBERCRIME ENFORCEMENT SEC.

1501.

LOCAL LAW ENFORCEMENT GRANTS FOR EN- FORCEMENT OF CYBERCRIMES.
(a) IN GENERAL.—Subject to the availability of ap- propriations, the Attorney General shall award grants under this section to States and units of local government HR 1620 RFS for the prevention, enforcement, and prosecution of 268 cybercrimes against individuals.
(b) APPLICATION.— (1) IN GENERAL.—To request a grant under this section, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 90 days after the date on which funds to carry out this section are ap- propriated for a fiscal year, in such form as the At- torney General may require.
Such application shall include the following: (A) A certification that Federal funds made available under this section will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
(B) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attor- ney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body).
HR 1620 RFS 269 (C) An assurance that, before the applica- tion (or any amendment to the application) was submitted to the Attorney General— (i) the application (or amendment) was made public; and (ii) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or commu- nity-based organizations, to the extent ap- plicable law or established procedure makes such an opportunity available.
(D) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and in- formation (programmatic and financial) as the Attorney General may reasonably require.
(E) A certification, made in a form accept- able to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that— (i) the programs to be funded by the grant meet all the requirements of this sec- tion; HR 1620 RFS 270 (ii) all the information contained in the application is correct; (iii) there has been appropriate co- ordination with affected agencies; and (iv) the applicant will comply with all provisions of this section and all other ap- plicable Federal laws.
(F) A certification that the State or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals.

(G) A certification that any equipment de- scribed in subsection (c)(7) purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals.
(c) USE OF FUNDS.—Grants awarded under this sec- tion may only be used for programs that provide— (1) training for State or local law enforcement personnel relating to cybercrimes against individuals, including— HR 1620 RFS 271 (A) training such personnel to identify and protect victims of cybercrimes against individ- uals; (B) training such personnel to utilize Fed- eral, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to identify and investigate cybercrimes against individuals; (D) training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals; (E) training such personnel to utilize tech- nology to assist in the investigation of cybercrimes against individuals and enforce- ment of laws that prohibit such crimes; and (F) the payment of overtime incurred as a result of such training; (2) training for State or local prosecutors, judges, and judicial personnel, relating to cybercrimes against individuals, including— (A) training such personnel to identify, in- vestigate, prosecute, or adjudicate cybercrimes against individuals; (B) training such personnel to utilize laws that prohibit cybercrimes against individuals; HR 1620 RFS 272 (C) training such personnel to utilize Fed- eral, State, local, and other resources to assist victims of cybercrimes against individuals; and (D) training such personnel to utilize tech- nology to assist in the prosecution or adjudica- tion of acts of cybercrimes against individuals, including the use of
 technology to protect vic- tims of such crimes; (3) training for State or local emergency dis- patch personnel relating to cybercrimes against indi- viduals, including— (A) training such personnel to identify and protect victims of cybercrimes against individ- uals; (B) training such personnel to utilize Fed- eral, State, local, and other resources to assist victims of cybercrimes against individuals; (C) training such personnel to utilize tech- nology to assist in the identification of and re- sponse to cybercrimes against individuals; and (D) the payment of overtime incurred as a result of such training; (4) assistance to State or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in HR 1620 RFS 273 performing enforcement operations, such as overtime payments; (5) assistance to State or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals; (6) assistance to State or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evi- dence, and prosecutions in matters involving cybercrimes against individuals; (7) assistance to State or local law enforcement and prosecutors in acquiring computers, computer equipment, and other equipment necessary to con- duct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, mainte- nance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment; (8) assistance in the facilitation
 and promotion of sharing, with State and local law enforcement of- ficers and prosecutors, of the expertise and informa- tion of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters HR 1620 RFS 274 involving laws that prohibit cybercrimes against indi- viduals, including the use of multijurisdictional task forces; or (9) assistance to State and local law enforce- ment and prosecutors in processing interstate extra- dition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another.
(d) REPORT TO THE SECRETARY.—On the date that is 1 year after the date on which a State or unit of local government receives a grant under this section, and annu- ally thereafter, the chief executive of such State or unit of local government shall submit to the Attorney General a report which contains— (1) a summary of the activities carried out dur- ing the previous year with any grant received by such State or unit of local government; (2) an evaluation of the results of such activi- ties; and (3) such other information as the Attorney General may reasonably require.
(e) REPORT TO CONGRESS.—Not later than Novem- ber 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary HR 1620 RFS 275 of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a com- pilation of the information contained in the report sub- mitted under subsection (d).
(f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2022 through 2026.

(2) LIMITATION.—Of the amount made avail- able under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and ad- ministrative expenses.
(g) DEFINITIONS.—In this section: (1) The term ‘‘cybercrimes against individuals’’ means the criminal offenses applicable in the rel- evant State or unit of local government that involve the use of a computer to cause personal harm to an individual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or vio- late the privacy of, an individual, except that— (A) use of a computer need not be an ele- ment of such an offense; and HR 1620 RFS 276 (B) such term does not include the use of a computer to cause harm to a commercial enti- ty, government agency, or any non-natural per- sons.
(2) The term ‘‘computer’’ includes a computer network and an interactive electronic device.

SEC.

1502.

NATIONAL RESOURCE CENTER GRANT.
(a) IN GENERAL.—Subject to the availability of ap- propriations, the Attorney General shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a National Re- source Center on Cybercrimes Against Individuals to pro- vide resource information, training, and technical assist- ance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, en- force, and prosecute cybercrimes against individuals.
(b) APPLICATION.—To request a grant under this section, an eligible entity shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for fiscal year 2022 in such form as the Attorney General may require.
Such application shall include the following: (1) An assurance that, for each fiscal year cov- ered by an application, the applicant shall maintain and report such data, records, and information (pro- HR 1620 RFS 277 grammatic and financial) as the Attorney General may reasonably require.
(2) A certification, made in a form acceptable to the Attorney General, that— (A) the programs funded by the grant meet all the requirements of this section; (B) all the information contained in the application is correct; and (C) the applicant will comply with all pro- visions of this section and all other applicable Federal laws.
(c) USE OF FUNDS.—The eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals, which shall— (1) offer a comprehensive array of technical as- sistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties, related to cybercrimes against individuals, including programs and research related to victims; (2) maintain a resource library which shall col- lect, prepare, analyze, and disseminate information and statistics related to— HR 1620 RFS 278 (A) the incidence of cybercrimes against individuals; (B) the enforcement, and prosecution of laws relating to cybercrimes against individuals; and (C) the provision of supportive services and resources for victims of cybercrimes against in- dividuals; and (3) conduct research related to— (A) the causes of cybercrimes against indi- viduals; (B) the effect of cybercrimes against indi- viduals on victims of such crimes; and (C) model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individ- uals.
(d) DURATION OF GRANT.— (1) IN GENERAL.—The grant awarded under this section shall be awarded for a period of 5 years.
(2) RENEWAL.—A grant under this section may be renewed for additional 5-year periods if the At- torney General determines that the funds made available to the recipient were used in a manner de- scribed in subsection (c), and if the recipient resub- HR 1620 RFS 279 mits an application described in subsection (b) in such form, and at such time as the Attorney General may reasonably require.
(e) SUBGRANTS.—The eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter exper- tise in order to establish and maintain the National Re- source Center on Cybercrimes Against Individuals in ac- cordance with subsection (c).
(f) REPORT TO THE SECRETARY.—On the date that is 1 year after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report which contains— (1) a summary of the activities carried out under the grant program during the previous year; (2) an evaluation of the results of such activi- ties; and (3) such other information as the Attorney General may reasonably require.
(g) REPORT TO CONGRESS.—Not later than Novem- ber 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a com- HR 1620 RFS 280 pilation of the information contained in the report sub- mitted under subsection (d).
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2022 through 2026.

(i) DEFINITIONS.—In this section: (1) CYBERCRIMES AGAINST INDIVIDUALS.—The term ‘‘cybercrimes against individuals’’ has the meaning given such term in section 1501(g).
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- ty’’ means a nonprofit private organization that fo- cuses on cybercrimes against individuals and that— (A) provides documentation to the Attor- ney General demonstrating experience working directly on issues of cybercrimes against indi- viduals; and (B) includes on the entity’s advisory board representatives who have a documented history of working directly on issues of cybercrimes against individuals and who are geographically and culturally diverse.

SEC.
SEC.

1503.

NATIONAL STRATEGY, CLASSIFICATION, AND RE- PORTING ON CYBERCRIME.

(a) DEFINITIONS.—In this section: HR 1620 RFS 281 (1) COMPUTER.—The term ‘‘computer’’ in- cludes a computer network and any interactive elec- tronic device.
(2) CYBERCRIME AGAINST INDIVIDUALS.—The term ‘‘cybercrime against individuals’’ means a Fed- eral, State, or local criminal offense that involves the use of a computer to cause personal harm to an in- dividual, such as the use of a computer to harass, threaten, stalk, extort, coerce, cause fear, intimidate, without consent distribute intimate images of, or vio- late the privacy of, an individual, except that— (A) use of a computer need not be an ele- ment of the offense; and (B) the term does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person.
(b) NATIONAL STRATEGY.—The Attorney General shall develop a national strategy to— (1) reduce the incidence of cybercrimes against individuals; (2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; and (3) increase the number of Federal prosecutions of cybercrimes against individuals.
HR 1620 RFS 282 (c) CLASSIFICATION OF CYBERCRIMES AGAINST IN- DIVIDUALS FOR PURPOSES OF CRIME REPORTS.—In ac- cordance with the authority of the Attorney General under section 534 of title 28, United States Code, the Director of the Federal Bureau of Investigation shall— (1) design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals; (2) to the extent feasible, within the category established under paragraph (1), establish subcat- egories for each type of cybercrime against individ- uals that is an offense under Federal or State law; (3) classify the category established under para- graph (1) as a Part I crime in the Uniform Crime Reports; and (4) classify each type of cybercrime against in- dividuals that is an offense under Federal or State law as a Group A offense for the purpose of the Na- tional Incident-Based Reporting System.
(d) ANNUAL SUMMARY.—The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident- Based Reporting System relating to cybercrimes against individuals.
HR 1620 RFS 283 TITLE XVI—KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE SEC.

1601.

SHORT TITLE.

This title may be cited as the ‘‘Keeping Children Safe From Family Violence Act’’ or ‘‘Kayden’s Law’’.

SEC.

1602.

FINDINGS.


Congress finds the following: (1) Approximately one in 15 children are ex- posed each year to domestic violence.

(2) Most child abuse is perpetrated in the fam- ily and by a parent.

Intimate partner violence and child abuse overlap in the same families at rates of 30 to 60 percent.

A child’s risk of abuse increases after a perpetrator of intimate partner violence sepa- rates from their domestic partner, even when the perpetrator had not previously directly abused the child.
Children who have witnessed intimate partner violence are approximately four times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.

(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child.
U.S. Department of Justice data shows that family members are almost half (49 per- HR 1620 RFS 284 cent) of the perpetrators of child sex assault victims under age 6.
(4) Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization.

One study found female children whose fathers were batterers of the mother were six- and-a-half times more likely to experience father- daughter incest than female children who do not have an abusive father.

(5) Child abuse is a major public health issue in the United States.
Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment (including child physical abuse, sexual abuse, psychological abuse and neglect) re- sults in $124 billion in annual costs to the U.S. economy, or approximately one percent of the gross domestic product.
(6) Empirical research indicates that allegations of child physical and sexual abuse are regularly dis- counted by courts when raised in child custody cases, with fewer than one-fourth of claims that a father has committed child physical or sexual abuse believed; and where the allegedly abusive parent claimed the mother was ‘‘alienating’’ the child, only 1 out of 51 claims of sexual molestation by a father HR 1620 RFS 285 were believed.
Independent research indicates that child sexual abuse allegations are credible 50 to 70 percent of the time.

(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts.

Approximately one-third of parents alleged to have committed child abuse took primary custody from the protective par- ent reporting the abuse, placing children at ongoing risk.
(8) Researchers have documented nearly 800 children murdered in the United States since 2008 by a divorcing or separating parent.

More than 100 of these child murders are known to have occurred after a court ordered the child into contact with the dangerous parent over the objection of a safe parent or caregiver.
(9) Scientifically unsound theories that treat mothers’ abuse allegations as likely false attempts to undermine the father are frequently applied in fam- ily court to minimize or deny parents’ and children’s reports of abuse.

Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.
HR 1620 RFS 286 (10) Judges presiding over custody cases with allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, nor have most States es- tablished standards for such trainings.

SEC.

1603.

PURPOSES.
The purposes of this title are to: (1) increase the priority given to child safety in any private State court proceeding affecting chil- dren’s care and custody, excluding child protective and social service proceedings; (2) strengthen courts’ abilities to recognize and adjudicate domestic violence and child abuse allega- tions based on valid, admissible evidence, and to enter orders which protect and minimize the risk of harm to children as the first priority; and (3) ensure that professional personnel involved in cases containing abuse allegations receive trauma- informed and culturally appropriate training on the dynamics, signs and impact of domestic violence and child abuse, including child sexual abuse.
SEC.

1604.

DEFINITION OF COVERED FORMULA GRANT.

The term ‘‘covered formula grant’’ means a grant under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10441 et seq.)
10441 et seq.)

(com- HR 1620 RFS 287 monly referred to as the ‘‘STOP Violence Against Women Formula Grant Program’’).

SEC.

1605.

INCREASED FUNDING FOR FORMULA GRANTS AUTHORIZED.
(a) IN GENERAL.—The Attorney General shall in- crease the amount provided to a State under the covered formula grants in accordance with this title if— (1) EVIDENCE.— (A) EXPERTS.—The State has in place a law ensuring that, in a custody proceeding where a parent has been alleged to have com- mitted domestic violence or child abuse, includ- ing child sexual abuse, evidence from court-ap- pointed or outside professionals regarding the alleged abuse may be admitted only when the professional possesses demonstrated expertise and clinical, not solely forensic, experience in working with victims of domestic violence or child abuse, including child sexual abuse.
(B) NON-EXPERTS.—The State has in place a law ensuring that, in a custody pro- ceeding where a parent has been alleged to have committed domestic violence or child abuse, in- cluding child sexual abuse, evidence of past sex- ual or physical abuse committed by a party, in- HR 1620 RFS 288 cluding but not limited to any past or current protection from abuse orders, sexual violence abuse protection orders, arrests, or convictions, must be considered in determining the truth of any allegations of family violence.
(2) EXPERTS.—The State has in place uniform required standards of domestic violence and child abuse expertise and experience for all court-ap- pointed neutral professional opinions related to abuse, trauma, and the behaviors of victims and per- petrators, which meet the criteria in paragraph (1)(A).
(3) REMEDIES FOR A CHILD’S RESISTANCE TO CONTACT WITH A PARENT.—The State has in place a law ensuring that— (A) NO REMOVAL OF CARE FROM SAFE PARENT.—No child shall be removed from the care of a competent protective, non-physically or sexually abusive parent or litigating party to whom the child is bonded or attached, nor shall the child’s contact with such parent be re- stricted, solely in order to improve a deficient relationship with the other parent.
(B) REUNIFICATION TREATMENT.—No ‘‘reunification treatment’’ may be ordered by HR 1620 RFS 289 the court without scientifically valid and gen- erally accepted proof of the safety, effectiveness and therapeutic value of the particular treat- ment, nor may any treatment predicated on cutting off a child from the parent to whom they are bonded or attached be ordered.
(C) CAUSES OF CHILD RESISTANCE.—Any order to remediate a child’s contact resistance must address the resisted parent’s behaviors or contributions to the child’s resistance first, be- fore ordering the preferred parent to take steps to potentially improve the child’s relationship with the parent they resist.
(4) TRAINING AND EDUCATION PROGRAM.— (A) IN GENERAL.—The State has in place an ongoing education and training program for judges and magistrates who hear custody mat- ters, and relevant court personnel, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, mas- ters, and mediators, focusing solely on domestic violence and child abuse, including— (i) child sexual abuse; (ii) physical abuse; (iii) emotional abuse; HR 1620 RFS 290 (iv) coercive control; (v) implicit and explicit bias; (vi) trauma; (vii) long and short-term impacts of domestic violence and child abuse on chil- dren; and (viii) victim and perpetrator behav- iors.
(B) PROVIDERS.—Training must be pro- vided by— (i) professionals with substantial expe- rience in assisting survivors of domestic vi- olence or child abuse, such as a victim service provider; and (ii) where possible, survivors of do- mestic violence, or child physical or sexual abuse.
(C) EVIDENCE-BASED RESEARCH.— (i) IN GENERAL.—The education and training program in subparagraph (A) shall rely on evidence-based and peer-re- viewed research by recognized experts in the types of abuse designated under this section.
HR 1620 RFS 291 (ii) EXCLUSION.—The education and training program shall not include theories, concepts, and belief systems unsupported by valid, credible scientific research.
(D) OBJECTIVE OF EDUCATION AND TRAINING PROGRAM.—The education and train- ing program shall be designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domes- tic violence, and trauma on all family victims, particularly children, and make appropriate custody decisions that prioritize child safety and well-being, and shall be culturally sensitive and appropriate for diverse communities.
(E) TRAINING REQUIREMENTS.—Judges and all other personnel identified in subpara- graph (A) must receive at least 60 hours of ini- tial training on these identified topics, and at least 20 hours of this ongoing training every 2 years.
(F) CUSTODY EVALUATOR REQUIRE- MENTS.—Prior to being appointed in a case, a custody evaluator shall, at a minimum, hold a Master’s degree in a relevant field and must HR 1620 RFS 292 have completed the training requirements of subparagraph (E).
(4) LEGAL REPRESENTATION.—The State shall notify parties of the importance of legal representa- tion and shall direct the parties to appropriate re- sources.

(b) GRANT INCREASE.—The amount of the increase provided to a State under the covered formula grant under this title shall be equal to not more than 10 percent of the average of the total amount of funding provided to the State under the covered formula grant under the 3 most recent awards to the State.

SEC.

1606.

APPLICATION.


A State seeking a grant under this title shall submit an application to the Attorney General at such time, in such manner, and containing such information as the At- torney General may reasonably require, including informa- tion regarding the law described in section 1605.

SEC.

1607.

RULE OF CONSTRUCTION.


Nothing in this title shall be interpreted to discourage States from adopting additional provisions to increase safe outcomes for children; additional protective provisions are encouraged HR 1620 RFS SEC.

1608.

GRANT TERM.
1608.

GRANT TERM.

293 (a) IN GENERAL.—The term of a covered grant shall be for 1 year.

(b) RENEWAL.—A State that receives a covered grant may submit an application for a renewal of such grant at such time, in such manner, and containing such infor- mation as the Attorney General may reasonably require.

(c) LIMIT.—A State shall not receive a covered grant for more than 4 years.

SEC.

1609.

USES OF FUNDS.


A State that receives an increase under the covered formula grants under this title shall use the amount of the increase for subgrants pursuant to section 14 15 2007(c)(4)(C) or (D) of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (34 U.S.C.

16 10446(c)(4)).

17 18 19 SEC.

1610.

AUTHORIZATION OF APPROPRIATIONS.


There is authorized to be appropriated to carry out this title $5,000,000 for each of fiscal years 2022 through 20 2026.

21 22 SEC.

1611.

SEXUAL ASSAULT SURVIVORS’ RIGHTS.
Section 3772(a)(2) of title 18, United States Code, 23 is amended— 24 25 (1) in subparagraph (B), by striking ‘‘; and’’ and inserting a semicolon; HR 1620 RFS 294 (2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (3) by inserting the following new subpara- graph: ‘‘(D) be informed of the status and loca- tion of a sexual assault evidence collection kit.’’.
SEC.

1612.

GRANTS TO STATE AND TRIBAL COURTS TO IM- PLEMENT PROTECTION ORDER PILOT PRO- GRAMS.

Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.

10461 et seq.)

is amended— (1) by redesignating sections 2103, 2104, and 2105 as sections 2104, 2105, and 2106, respectively; and (2) by inserting after section 2102 the fol- lowing: ‘‘SEC.

2103.
2103.

GRANTS TO STATE AND TRIBAL COURTS TO IM- PLEMENT PROTECTION ORDER PILOT PRO- GRAMS.
‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec- tion, the term ‘eligible entity’ means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable— HR 1620 RFS 295 ‘‘(1) State, Tribal, or local law enforcement agency; ‘‘(2) a State, Tribal, or local prosecutor advo- cate group; ‘‘(3) a victim service provider or State or Tribal domestic violence coalition; ‘‘(4) a nonprofit program or government agency with demonstrated experience in providing legal as- sistance or legal advice to victims of domestic vio- lence and sexual assault; ‘‘(5) the bar association of the applicable State or Indian Tribe; ‘‘(6) the State or Tribal association of court clerks; ‘‘(7) a State, Tribal, or local association of criminal defense attorneys; ‘‘(8) not fewer than 2 individuals with expertise in the design and management of court case man- agement systems and systems of integration; ‘‘(9) not fewer than 2 State or Tribal court judges with experience in— ‘‘(A) the field of domestic violence; and ‘‘(B) issuing protective orders; and ‘‘(10) a judge assigned to the criminal docket of the State or Tribal court.
HR 1620 RFS 296 ‘‘(b) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—In addition to grants au- thorized under section 2101, the Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
‘‘(2) NUMBER.—The Attorney General may award not more than 10 grants under paragraph (1).

‘‘(3) AMOUNT.—The amount of a grant award- ed under paragraph (1) may be not more than $1,500,000.
‘‘(c) MANDATORY ACTIVITIES.— ‘‘(1) IN GENERAL.—An eligible entity that re- ceives a grant under this section shall use the grant funds, in consultation with the partners required under subsection (a), to— ‘‘(A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to— ‘‘(i) modernize the service process and make the process more effective and effi- cient; ‘‘(ii) provide for improved safety of victims; and HR 1620 RFS 297 ‘‘(iii) make protection orders enforce- able as quickly as possible; ‘‘(B) develop best practices relating to the service of protection orders through electronic communication methods; ‘‘(C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and ‘‘(D) implement any technology necessary to carry out the program developed under sub- paragraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
‘‘(2) TIMELINE.—An eligible entity that re- ceives a grant under this section shall— ‘‘(A) implement the program required under paragraph (1)(A) not later than 2 years after receiving the grant; and ‘‘(B) carry out the program for not fewer than 3 years.
‘‘(d) DIVERSITY OF RECIPIENTS.—The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including— HR 1620 RFS 298 ‘‘(1) a State court that serves a population of not fewer than 1,000,000 individuals; ‘‘(2) a State court that— ‘‘(A) serves a State that is among the 7 States with the lowest population density in the United States; and ‘‘(B) has a relatively low rate of successful service with respect to protection orders, as de- termined by the Attorney General; ‘‘(3) a State court that— ‘‘(A) serves a State that is among the 7 States with the highest population density in the United States; and ‘‘(B) has a relatively low rate of successful service with respect to protection orders, as de- termined by the Attorney General; ‘‘(4) a court that uses an integrated, statewide case management system; ‘‘(5) a court that uses a standalone case man- agement system; ‘‘(6) a Tribal court; and ‘‘(7) a court that serves a culturally specific and underserved population.
‘‘(e) APPLICATION.— HR 1620 RFS 299 ‘‘(1) IN GENERAL.—An eligible entity shall sub- mit an application to the Attorney General that in- cludes— ‘‘(A) a description of the process that the eligible entity uses for service of protection or- ders at the time of submission of the applica- tion; ‘‘(B) to the extent practicable, statistics re- lating to protection orders during the 3 cal- endar years preceding the date of submission of the application, including rates of— ‘‘(i) successful service; and ‘‘(ii) enforcement; ‘‘(C) an initial list of the entities serving as the partners required under subsection (a); and ‘‘(D) any other information the Attorney General may reasonably require.
‘‘(2) NO OTHER APPLICATION REQUIRED.—An eligible entity shall not be required to submit an ap- plication under section 2102 to receive a grant under this section.

‘‘(f) TECHNICAL ASSISTANCE.—Notwithstanding sec- tion 40002(b)(11) of the Violence Against Women Act of 1994 (34 U.S.C.
12291(b)(11)), as applied under section 2106 of this part, not less than 5 percent and not more HR 1620 RFS 300 than 8 percent of the total amounts appropriated to carry out this section shall be available to the Attorney General for technical assistance relating to the purposes of this section.
‘‘(g) REPORT TO ATTORNEY GENERAL.— ‘‘(1) INITIAL REPORT.—Not later than 2 years after receiving a grant under this section, an eligible entity shall submit to the Attorney General a report that details the plan of the entity for implementation of the program under subsection (c).
‘‘(2) SUBSEQUENT REPORTS.— ‘‘(A) IN GENERAL.—Not later than 1 year after implementing the program under sub- section (c), and not later than 2 years there- after, an eligible entity shall submit to the At- torney General a report that describes the pro- gram implemented under subsection (c), includ- ing with respect to— ‘‘(i) viability; ‘‘(ii) cost; ‘‘(iii) service statistics; ‘‘(iv) challenges; ‘‘(v) analysis of the technology used to fulfill the goals of the program; HR 1620 RFS 301 ‘‘(vi) analysis of any legal or due proc- ess issues resulting from the electronic service method described in subsection (c)(1)(A); and ‘‘(vii) best practices for implementing such a program in other similarly situated locations.
‘‘(B) CONTENTS OF FINAL REPORT.—An eligible entity shall include in the second report submitted under subparagraph (A) rec- ommendations for— ‘‘(i) future nationwide implementation of the program implemented by the eligible entity; and ‘‘(ii) usage of electronic service, simi- lar to the service used by the eligible enti- ty, for other commonly used court orders, including with respect to viability and cost.
‘‘(h) NO REGULATIONS OR GUIDELINES RE- QUIRED.—Notwithstanding section 2105, the Attorney General shall not be required to publish regulations or guidelines implementing this section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In addi- tion to amounts otherwise made available to carry out this part, there is authorized to be appropriated to carry out HR 1620 RFS this section $10,000,000 for fiscal years 2019 through 302 2024.’’.

SEC.

1613.
SEC.

1613.

ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
(a) IN GENERAL.—The Secretary of Education shall, in consultation with the Attorney General, Director of the Centers for Disease Control, and the Secretary of the De- partment of Health and Human Services and experts in domestic violence, dating violence, sexual assault, sexual harassment, and stalking, develop, design, and make avail- able through a secure and accessible online portal, a standardized online survey tool regarding student experi- ences with domestic violence, dating violence, sexual as- sault, sexual harassment, and stalking.
(b) DEVELOPMENT OF SURVEY TOOL.—In devel- oping the survey tool required under subsection (a), the Secretary of Education shall— (1) use best practices from peer-reviewed re- search measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking; (2) consult with the higher education commu- nity, experts in survey research related to domestic violence, dating violence, sexual assault, sexual har- assment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating vio- HR 1620 RFS 303 lence, sexual assault, sexual harassment, and stalk- ing regarding the development and design of such survey tool and the methodology for administration of such survey tool; and (3) ensure that the survey tool is readily acces- sible to and usable by individuals with disabilities.
(c) ELEMENTS.— (1) IN GENERAL.—The survey tool developed pursuant to this paragraph shall be fair and unbi- ased, scientifically valid and reliable, and meet the highest standards of survey research.
(2) SURVEY QUESTIONS.—Survey questions in- cluded in the survey tool developed pursuant to this section shall— (A) be designed to gather information on student experiences with domestic violence, dat- ing violence, sexual assault, sexual harassment, and stalking, including the experiences of vic- tims of such incidents; (B) use trauma-informed language to pre- vent retraumatization; and (C) include the following: (i) Questions that give students the option to report their demographic infor- mation.
HR 1620 RFS 304 (ii) Questions designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
(iii) Questions regarding whether stu- dents know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual har- assment, and stalking.
(iv) Questions designed to determine, if victims reported domestic violence, dat- ing violence, sexual assault, sexual harass- ment, or stalking— (I) to whom the incident was re- ported and what response the victim may have received; (II) whether the victim was in- formed of, or referred to, national, State, local, or on-campus resources; and (III) whether the entity to whom the victim reported the incident con- ducted an investigation and the dura- tion and final resolution of such an investigation.
HR 1620 RFS 305 (v) Questions regarding contextual factors, such as whether force, incapacita- tion, or coercion was involved.

(vi) Questions to determine whether an accused individual was a student at the institution.
(vii) Questions to determine whether a victim reported an incident to State, local, or campus law enforcement.

(viii) Questions to determine why the victim chose to report or not report an in- cident to the institution or State, local, or campus law enforcement.
(ix) Questions to determine the im- pact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, includ- ing diminished grades, dropped classes, leaves of absence, and negative financial consequences (such as costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, and cost associated with counseling, medical services, or hous- ing changes).
HR 1620 RFS 306 (x) Questions to determine the impact and effectiveness of prevention and aware- ness programs and complaints processes.
(xi) Questions to determine attitudes toward sexual violence and harassment, in- cluding the willingness of individuals to in- tervene as a bystander of sex-based (in- cluding sexual orientation-based and gen- der identity-based), race-based, national origin-based, and disability-based discrimi- nation, harassment, assault, domestic vio- lence, dating violence, sexual assault, sex- ual harassment, and stalking.

(xii) Other questions, as determined by the Secretary of Education.
(3) ADDITIONAL ELEMENTS.—In addition to the standardized questions developed by the Sec- retary of Education under paragraph (2), an institu- tion may request additional information from stu- dents that would increase the understanding of the institution of school climate factors unique to their campuses.
(4) RESPONSES.—The responses to the survey questions described in paragraph (2) shall— (A) be submitted confidentially; HR 1620 RFS 307 (B) not be included in crime statistics; and (C) in the case of such responses being in- cluded in a report, shall not include personally identifiable information.
(d) ADMINISTRATION OF SURVEY.— (1) FEDERAL ADMINISTRATION.—The Sec- retary of Education, in consultation with the Attor- ney General, Director of the Centers for Disease Control, and Secretary of the Department of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with re- spect to the survey tool developed pursuant to this section— (A) administer such survey tool; and (B) modify such survey tool to include ad- ditional elements or requirements, as deter- mined by the institution.
(2) COSTS.—The Secretary of Education may not require an institution of higher education to pay to modify the survey tool in accordance with para- graph (1)(B).

(3) ACCESSIBILITY.—The Secretary of Edu- cation shall ensure that the survey tool is adminis- tered in such a way as to be readily accessible to and usable by individuals with disabilities.
HR 1620 RFS 308 (4) INSTITUTIONAL ADMINISTRATION.—Begin- ning not later than 1 year after the date on which the Secretary of Education makes available to insti- tutions the mechanism described in paragraph (1), and every 2 years thereafter, each institution shall administer the survey tool developed pursuant to this section.
(e) COMPLETED SURVEYS.—The Secretary of Edu- cation shall require each institution participating in any program under this title to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey tool devel- oped pursuant to this section.
(f) REPORT.—Beginning not later than 2 years after the date of enactment of this Act, the Secretary of Edu- cation shall prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible for- mat on the website of the Department and submit such report to Congress.
The report shall include campus-level data for each school and attributed by name of each cam- pus in a manner that permits comparisons across schools 24 and campuses.
HR 1620 RFS 309 (g) PUBLICATION.—Each institution shall publish, in a manner that is readily accessible and usable by individ- uals, including individuals with disabilities— (1) the campus-level results of the standardized elements of the survey under this section on the website of the institution and in the annual security report required under subsection (f) for the cam- puses affiliated with the institution; and (2) the campus-level results of the additional elements modifying the survey by the institution, if any, on the website of the institution.
(h) VIOLATION.—Upon a determination pursuant to section 487(c)(3)(B) of the Higher Education Act of 1965 (20 U.S.C.

1094(c)(3)(B)) that an institution of higher education has violated or failed to carry out any provision under this section, the Secretary of Education shall im- pose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 487(c)(3)(B) of the Higher Education Act of 1965 (20 U.S.C.

1094(c)(3)(B)).

SEC.

1614.


STUDY ON CHILD CUSTODY IN DOMESTIC VIO- LENCE CASES.
The Attorney General, in consultation with the Sec- retary of Health and Human Services, shall conduct a study investigating whether victims who raise evidence of HR 1620 RFS 310 domestic violence are more likely to lose primary custody of children to an abusive partner or to the State, includ- ing— (1) a review of State laws, regulations, and practices on how child neglect and custody situations are handled in domestic violence situations; and (2) a list of recommendations on how to re- structure State laws, regulations, and practices to better protect victims of domestic violence and their children.
TITLE XVII—PROTECTIONS FOR CERTAIN IMMIGRANT WOMEN SEC.

1701.

PILOT PROGRAM TO PROVIDE ADDITIONAL PRO- TECTIONS.

Notwithstanding any other provision of law, the Sec- retary of Homeland Security shall publish an interim final rule establishing a 6-year pilot program allowing non- immigrants authorized for employment under section 106 of the Immigration and Nationality Act (8 U.S.C.
1105a), and their children, to apply for lawful temporary status and travel authorization independent of the principal non- immigrants to which their current status is or was tied.
Such interim final rule shall be published and take effect HR 1620 RFS 1 2 not later than 180 days after the date of the enactment 311 of this Act.

Passed the House of Representatives March 17, 2021.

Attest: CHERYL L. JOHNSON, Clerk.
Attest: CHERYL L. JOHNSON, Clerk HR 1620 RFS