Safer Homes and Families Act

Bill: 118-hr-6034
Sponsor: full_name: Rep. Sykes, Emilia Strong [D-OH-13]
Introduced: 2023-10-24
Policy area: Crime and Law Enforcement
Latest action: action_date: 2024-12-17
text: Referred to the Subcommittee on Social Security.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 6034 IN THE HOUSE OF REPRESENTATIVES October 24, 2023 Mrs. Sykes introduced the following bill October 25, 2023 Referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To criminalize stalking using an unauthorized geotracking device, modify the 10-year marriage rule relating to spouse’s and surviving spouse’s insurance benefits in cases of domestic violence, ensure that healthcare providers can assist survivors of domestic violence, provide additional housing protections for survivors of domestic violence, and for other purposes.

1. Short title This Act may be cited as the Safer Homes and Families Act . 2. Stalking penalty Section 2261A of title 18, United States Code, is amended— (1) by striking Whoever and inserting (a) In general.— Whoever ; (2) by inserting after uses the mail, the following: uses an unauthorized geotracking device ; and (3) by adding at the end the following: (b) Definitions In this section: (1) The term geotracking device means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person. (2) The term unauthorized means, with respect to a geotracking device, that the person on whom the geotracking device is being used has not consented to such use or otherwise revoked consent to such use. . 3. Modification of 10-year marriage rule in cases of domestic violence (a) In general Section 216(d) of the Social Security Act ( 42 U.S.C. 416(d) ) is amended by adding at the end the following: (9) (A) In the case of a divorced woman described in paragraph (1) or (2) or a divorced man described in paragraph (4) or (5) who provides to the Commissioner of Social Security a finding made by a court of law that the divorced woman or divorced man was the victim of domestic violence committed by the spouse during the course of the marriage, such paragraph as may be applicable with respect to such divorced woman or divorced man shall be applied for purposes of this title by substituting 5 years for 10 years . (B) For purposes of subparagraph (A), the term domestic violence has the meaning given such term in section 40002(a) of the Violence Against Women Act of 1994. . (b) Termination of wife’s insurance benefits Section 202(b) of the Social Security Act ( 42 U.S.C. 402(b) ) is amended by adding at the end the following: (5) In the case of any divorced wife who provides to the Commissioner of Social Security a finding made by a court of law that the divorced wife was the victim of domestic violence (as defined in section 216(d)(9)(B)) committed by the spouse during the course of the marriage, clause (ii) of paragraph (1)(G) shall be applied by substituting 5 years for 10 years . . (c) Termination of husband’s insurance benefits Section 202(c) of the Social Security Act ( 42 U.S.C. 402(c) ) is amended by adding at the end the following: (5) In the case of any divorced husband who provides to the Commissioner of Social Security a finding made by a court of law that the divorced husband was the victim of domestic violence (as defined in section 216(d)(9)(B)) committed by the spouse, clause (ii) of paragraph (1)(G) shall be applied by substituting 5 years for 10 years . . (d) Effective date The amendments made by this section shall apply with respect to monthly insurance benefits for months beginning at least 18 months after the date of enactment of this Act. 4. Demonstration program on trauma-informed, victim-centered training for healthcare providers (a) In general Subtitle Q of title IV of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12513 et seq. ) is amended by adding at the end the following: 41702. Demonstration program on trauma-informed, victim-centered training for healthcare providers (a) Definitions In this section— (1) the term Attorney General means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term Secretary  means the Secretary of the Department of Health and Human Services; (3) the term covered individual means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including— (A) an individual working for or on behalf of an eligible entity; (B) an administrator or personnel of a school, university, or other educational program or activity (including a campus police officer or a school resource officer); and (C) an emergency services employee; (4) the term eligible entity means a facility as described in paragraph (1), (2), (4), (5), or (6) of section 1624 of the Public Health Service Act ( 42 U.S.C. 300s–3 ); and (5) the term mandatory partner means a national, regional, or local victim services organization or agency working in collaboration with a facility described in paragraph (4). (b) Grants authorized (1) In general The Attorney General, in consultation with the Secretary, shall award grants on a competitive basis to eligible entities to collaborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and practices to incorporate trauma-informed, victim-centered techniques designed to— (A) prevent re-traumatization of the victim; (B) ensure that covered individuals use evidence-based practices to identify, respond to, and treat cases of domestic violence, dating violence, sexual assault, and stalking; (C) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and (D) evaluate the effectiveness of the training process and content. (2) Award basis The Attorney General, in consultation with the Secretary, shall award grants under this section to multiple eligible 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 communities. (c) Use of funds An eligible entity that receives a grant under this section shall use the grant to— (1) train covered individuals associated with the eligible entity to use evidence-based, trauma-informed, and victim-centered techniques to identify and treat individuals who have experienced domestic violence, dating violence, sexual assault, or stalking, including by— (A) customizing treatment approaches to ensure a culturally and linguistically appropriate approach to the community being served; (B) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual 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 disability; (vi) involving a male victim; or (vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as LGBT ) victim; (C) developing collaborative relationships between— (i) healthcare providers, law enforcement officers, and other members of the response team; and (ii) the community being served; and (D) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and (2) promote the efforts of the eligible entity to improve the response of covered individuals to domestic 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 associated with 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 (1) In general The Attorney General, in consultation with the Secretary, shall identify trainings for covered individuals, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that— (A) employ a trauma-informed, victim-centered approach to domestic violence, dating violence, sexual assault, and stalking; and (B) focus on the fundamentals of— (i) trauma responses; (ii) the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking; and (iii) techniques for effectively treating the medical consequences of domestic violence, dating violence, sexual assault, and stalking. (2) 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 paragraph (1) to test at the eligible entity. (e) Evaluations (1) In general The Attorney General and the Secretary, in consultation 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— (A) design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; (B) periodically conduct an evaluation described in subparagraph (A); and (C) periodically make publicly available, during the grant period— (i) preliminary results of the evaluations conducted under subparagraph (B); and (ii) recommendations for improving the use of the grant funds. (2) GAO Report Not later than three years after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committees on Ways and Means, Energy and Commerce, and Judiciary of the House of Representatives and the Committees on Judiciary and on Finance of the Senate a report summarizing the implementation of this section. (f) Authorization of appropriations There are authorized to be appropriated to the Attorney General $10,000,000 for each of fiscal years 2024 through 2028 to carry out this section. . (b) Clerical amendment The table of contents for the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 10101 note) is amended by inserting after the item related to section 41701 the following: 41702. Demonstration program on trauma-informed, victim-centered training for healthcare providers. . 5. Prohibition on the imposition of fees for early lease termination Section 41411 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 ) is amended by adding at the end the following: (h) Prohibition on the imposition of fees for early lease termination (1) Voluntary exit An applicant for or tenant of housing assisted under a covered housing program may voluntarily exit a lease for housing earlier than the end date of such lease on the basis that the applicant or tenant has been a victim of domestic violence, dating violence, sexual assault, or stalking. (2) Fee prohibition Notwithstanding any lease agreement, an applicant or tenant described in paragraph (1) may not be charged a fee for exiting a lease for housing earlier than the end date of such lease on the basis described in paragraph (1). .