Bill Summary
This legislation addresses various issues related to violence against women, including reauthorizing and expanding the Violence Against Women Act, creating an Office on Violence Against Women, providing training and resources for personnel handling cases of harassment and domestic violence, prohibiting stalkers and individuals subject to court orders from possessing firearms, and increasing funding for programs and grants. It also includes provisions for economic security for survivors, such as a grant program for training and technical assistance and a study on barriers faced by survivors. Additionally, it establishes an interagency working group to study and make recommendations on collecting data on sexual violence and addresses Tribal jurisdiction over covered crimes. There are also provisions related to improving conditions for women in federal custody, addressing cybercrimes against individuals, and ensuring that prohibited individuals do not have access to firearms.
Possible Impacts
1. The legislation includes provisions for training programs, emergency transfers and relocation for victims, and protections for survivors in the workplace, which will greatly benefit survivors of domestic violence, dating violence, sexual assault, and stalking.
2. By establishing a Violence Against Women Director within the Department of Housing and Urban Development, the legislation aims to support the implementation of the bill and improve the criminal justice response to violence against women.
3. The legislation also includes provisions for training and technical assistance related to addressing violence against women and promoting economic security for survivors, as well as a grant program for tribal law enforcement officials to access national crime information databases. This will aid in the prevention and prosecution of crimes against women and provide support for survivors in tribal communities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2843 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2843
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 2019
Mrs. Feinstein (for herself, Mr. Leahy, Ms. Klobuchar, Ms. Hirono, Ms.
Harris, Mrs. Murray, Ms. Stabenow, Ms. Cantwell, Mrs. Shaheen, Mrs.
Gillibrand, Ms. Baldwin, Ms. Warren, Ms. Duckworth, Ms. Hassan, Ms.
Cortez Masto, Ms. Smith, Ms. Sinema, Ms. Rosen, Mr. Schumer, Mr. Brown,
Mr. Udall, Mr. Wyden, Mr. Durbin, Mr. Reed, Mr. Carper, Mr. Menendez,
Mr. Cardin, Mr. Sanders, Mr. Casey, Mr. Whitehouse, Mr. Tester, Mr.
Warner, Mr. Merkley, Mr. Bennet, Mr. Manchin, Mr. Coons, Mr.
Blumenthal, Mr. Schatz, Mr. Murphy, Mr. Heinrich, Mr. King, Mr. Kaine,
Mr. Markey, Mr. Booker, Mr. Peters, Mr. Van Hollen, and Mr. Jones)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
Be it enacted by the Senate and House of Representatives 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 Reauthorization Act of 2019''.
(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.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 101. Stop grants.
Sec. 102. Grants to improve the criminal justice response.
Sec. 103. Legal assistance for victims.
Sec. 104. Grants to support families in the justice system.
Sec. 105. Outreach and services to underserved populations grants.
Sec. 106. Criminal provisions.
Sec. 107. Rape survivor child custody.
Sec. 108. Enhancing culturally specific services for victims of
domestic violence, dating violence, sexual
assault, and stalking.
Sec. 109. Grants for lethality assessment programs.
TITLE II--IMPROVING SERVICES FOR VICTIMS
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement
assistance program.
Sec. 203. Training and services to end violence against people with
disabilities.
Sec. 204. Training and services to end abuse in later life.
Sec. 205. Demonstration program on trauma-informed training for law
enforcement.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education (CHOOSE) for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Combat online predators.
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 HEALTH CARE SYSTEMS RESPONSE
Sec. 501. Grants to strengthen the health care systems response to
domestic violence, dating violence, sexual
assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Ensuring compliance and implementation; prohibiting
retaliation against victims.
Sec. 603. Protecting the right to report crime from one's home.
Sec. 604. Transitional housing assistance grants for victims of
domestic violence, 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. Entitlement to unemployment compensation for victims of
sexual and other harassment and survivors
of domestic violence, sexual assault, or
stalking.
Sec. 704. Study and reports on barriers to survivors' economic security
access.
Sec. 705. GAO study.
Sec. 706. Education and information programs for survivors.
Sec. 707. Severability.
TITLE VIII--HOMICIDE REDUCTION INITIATIVES
Sec. 801. Prohibiting persons convicted of misdemeanor crimes against
dating partners and persons subject to
protection orders.
Sec. 802. Prohibiting stalkers and individuals subject to court order
from possessing a firearm.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings and purpose.
Sec. 902. Authorization for Tribal Access Program.
Sec. 903. Tribal jurisdiction over covered crimes.
Sec. 904. Reports.
TITLE X--OFFICE ON VIOLENCE AGAINST WOMEN
Sec. 1001. Establishment of Office on Violence Against Women.
TITLE XI--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
Sec. 1101. Improving the treatment of primary caretaker parents and
other individuals in Federal prisons.
Sec. 1102. Public health and safety of women.
Sec. 1103. Research and report on women in Federal incarceration.
Sec. 1104. Reentry planning and services for incarcerated women.
TITLE XII--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
Sec. 1201. Notification to law enforcement agencies of prohibited
purchase or attempted purchase of a
firearm.
Sec. 1202. Reporting of background check denials to State, local, and
Tribal authorities.
Sec. 1203. Special assistant United States attorneys and cross-
deputized attorneys.
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
practitioners reauthorization.
Sec. 1404. Sex offender management.
Sec. 1405. Court-appointed special advocate program.
Sec. 1406. Rape kit backlog.
Sec. 1407. Sexual assault forensic exam program grants.
Sec. 1408. Review on link between substance use and victims of domestic
violence dating violence, sexual assault,
or stalking.
Sec. 1409. Interagency working group to study Federal efforts to
collect data on sexual violence.
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.
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 inserting
``In this title, including for the purpose of grants
authorized under this title'';
(B) by redesignating paragraphs (34) through (45)
as paragraphs (42) through (53), respectively;
(C) by redesignating paragraphs (18) through (33)
as paragraphs (25) through (40), respectively;
(D) by redesignating paragraph (16) as paragraph
(23);
(E) by redesignating paragraph (17) as paragraph
(22) and moving it to appear before paragraph (23), as
so redesignated;
(F) by redesignating paragraphs (13) through (15)
as paragraphs (19) through (21), respectively;
(G) by striking paragraphs (8), (11), and (12);
(H) by redesignating paragraphs (9) and (10) as
paragraphs (10) and (11), respectively;
(I) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively;
(J) by redesignating paragraph (2) as paragraph (7)
and moving it to appear before paragraph (8), as so
redesignated;
(K) by striking paragraph (5);
(L) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(M) by redesignating paragraph (1) as paragraph
(2);
(N) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Abuse in later life.--The term `abuse in later
life'--
``(A) means--
``(i) neglect, abandonment, economic abuse,
or willful harm of an adult over the age of 50
by an individuals in an ongoing relationship of
trust with the victim; or
``(ii) domestic violence, dating violence,
sexual assault, or stalking of an adult over
the age of 50 by any individual; and
``(B) does not include self-neglect.'';
(O) by inserting after paragraph (2), as so
redesignated, the following:
``(3) Alternative justice response.--The term `alternative
justice response' means a process, whether court-ordered 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;
``(B) has the goal of collectively seeking
accountability from the accused, and developing a
process whereby the accused will take responsibility
for his or her actions, and a plan for providing relief
to those harmed, through allocution, restitution,
community service, or other processes upon which the
victim, the accused, the community, and the court (if
court-ordered) can agree;
``(C) is conducted in a framework that protects
victim safety and supports victim autonomy; and
``(D) provides that information disclosed during
such process may not be used for any other law
enforcement purpose, including impeachment or
prosecution, without the express permission of all
participants.'';
(P) by inserting after paragraph (5), as so
redesignated, the following:
``(6) Court-based and court-related personnel.--The terms
`court-based personnel' and `court-related personnel' mean
persons working in the court, whether paid or volunteer,
including--
``(A) clerks, special masters, domestic relations
officers, administrators, mediators, custody
evaluators, guardians ad litem, lawyers, negotiators,
probation, parole, interpreters, victim 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, supplementary
offices or programs (such as child support
enforcement); and
``(D) any other court-based or community-based
personnel having responsibilities or authority to
address domestic violence, dating violence, sexual
assault, or stalking in the court system.'';
(Q) by inserting after paragraph (11), as so
redesignated, the following:
``(12) Digital services.--The term `digital services' means
services, resources, information, support or referrals provided
through electronic communications 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 for the benefit of victims of domestic
violence, dating violence, sexual assault, or stalking.
``(13) Domestic violence.--The term `domestic violence'
includes a felony or misdemeanor offense under the family or
domestic violence laws of a jurisdiction receiving grant funds,
and in the case of victim services, includes 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--
``(A) is a current or former spouse or dating
partner of the victim, or other person similarly
situated to a spouse of the victim;
``(B) is cohabitating with or has cohabitated with
the victim as a spouse or dating 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 jurisdiction.
``(14) Economic abuse.--The term `economic abuse', in the
context of domestic violence, dating violence, and abuse in
later life, means behavior that is coercive, deceptive, or
unreasonably controls or restrains a person's ability to
acquire, use, or maintain economic resources to which they are
entitled, including 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 economic
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 financial
obligations, exploiting powers of attorney,
guardianship, or conservatorship, or failing or
neglecting to act in the best interests of a person to
whom one has a fiduciary duty.
``(15) 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 meanings given those terms in section 2011 of the
Social Security Act (42 U.S.C. 1397j).
``(16) Female genital mutilation.--The terms `female
genital mutilation', `female genital cutting', `FGM/C', or
`female circumcision' mean the intentional removal or
infibulation (or both) of either the whole or part of the
external female genitalia for non-medical reasons. External
female genitalia includes the pubis, labia minora, labia
majora, clitoris, and urethral and vaginal openings.
``(17) 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.
``(18) Homeless.--The term `homeless' has the meaning given
such term in section 41403(6).'';
(R) by inserting after paragraph (23), as so
redesignated, the following:
``(24) Internet enabled device.--The term `internet enabled
device' means devices that have a connection the Internet, send
and receive information and data, and maybe accessed via mobile
device technology, video technology, or computer technology,
away from the location where the device is installed, and may
include home automation systems, door locks, and
thermostats.'';
(S) in paragraph (26)(B), as so redesignated, by
striking ``and probation'' and inserting ``probation,
and vacatur or expungement''; and
(T) by inserting after paragraph (40), as so
redesignated, the following:
``(41) Technological abuse.--The term `technological abuse'
means an act or pattern of behavior intended to harm, threaten,
intimidate, control, stalk, harass, impersonate, or monitor,
except as otherwise permitted by law, another person, that
occurs using the Internet, internet enabled devices, social
networking sites, computers, mobile devices, cellular
telephones, apps, location tracking devices, instant messages,
text messages, or other forms of technology. Technological
abuse may include--
``(A) unwanted, repeated telephone calls, text
messages, instant messages, or social media or
networking posts;
``(B) non-consensual accessing e-mail accounts,
texts or instant messaging accounts, social media or
networking accounts, or cellular telephone logs;
``(C) controlling or restricting a person's ability
to access technology with the intent to isolate them
from support and social connection;
``(D) using tracking devices or location tracking
software for the purpose of monitoring or stalking
another person's location;
``(E) impersonating a person (including through the
use of spoofing technology in photo or video or the
creation of accounts under a false name) with the
intent to deceive or cause harm; or
``(F) sharing or urging or compelling the sharing
of another person's private information, photographs,
or videos without their consent.''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (F) and
(G) as subparagraphs (H) and (I), respectively;
(ii) by redesignating subparagraphs (D)
through (E) as subparagraphs (E) through (F),
respectively;
(iii) by inserting after subparagraph (F),
as so redesignated, the following:
``(G) Death of the party whose privacy had been
protected.--In the event of the death of any victim
whose confidentiality and privacy is required to be
protected under this subsection, grantees and
subgrantees may share personally identifying
information or individual information that is collected
about deceased victims being sought for a fatality
review to the extent permitted by their jurisdiction's
law and only if--
``(i) the underlying objectives of the
fatality review are to prevent future deaths,
enhance victim safety, and increase offender
accountability;
``(ii) the fatality review includes
policies and protocols to protect identifying
information, including identifying information
about the victim's children, from further
release outside the fatality review team;
``(iii) the grantee or subgrantee makes a
reasonable effort to get a release from the
victim's personal representative (if one has
been appointed) and from any surviving minor
children or the guardian of such children (but
not if the guardian is the abuser of the
deceased parent), if the children are not
capable of knowingly consenting; and
``(iv) the information released is limited
to that which is necessary for the purposes of
the fatality review.''; and
(iv) by inserting after subparagraph (C)
the following:
``(D) Use of technology.--Grantees and subgrantees
may use telephone, internet, and other technologies to
protect the privacy, location 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, including
instances in which victims use digital
services; or
``(ii) technologies or protocols that
inhibit 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.'';
(B) in paragraph (3), by inserting after ``designed
to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking'' the following:
``provided that the confidentiality and privacy
requirements of this title are maintained, and that
personally identifying information about adult, youth,
and child victims of domestic violence, dating
violence, sexual assault and stalking is not requested
or included in any such collaboration or information-
sharing'';
(C) in paragraph (6), by adding at the end the
following: ``However, such disbursing agencies must
ensure that the confidentiality and privacy
requirements of this title are maintained in making
such reports, and that personally identifying
information about adult, youth and child victims of
domestic violence, dating violence, sexual assault and
stalking is not requested or included in any such
reports.'';
(D) in paragraph (11), by adding at the end the
following: ``The Office on Violence Against Women shall
make all technical assistance available as broadly as
possible to any appropriate grantees, subgrantees,
potential grantees, or other entities without regard to
whether the entity has received funding from the Office
on Violence Against Women for a particular program or
project. Priority shall be given to current and former
grantees and subgrantees.'';
(E) in paragraph (13)--
(i) in subparagraph (A), by inserting after
``the Violence Against Women Reauthorization
Act of 2013'' the following: ``(Public Law 113-
4; 127 Stat. 54)''; 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)'';
(F) in paragraph (14), by inserting after ``are
also victims of'' the following: ``forced marriage,
or''; and
(G) in paragraph (16)(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,''.
SEC. 3. AGENCY AND DEPARTMENT COORDINATION.
The heads of Executive Departments responsible for carrying out
this Act are authorized to coordinate and collaborate on the prevention
of domestic violence, dating violence, sexual assault, and stalking,
including sharing best practices and efficient use of resources and
technology for victims and those seeking assistance from the
Government.
SEC. 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 beginning after the date of enactment of this
Act.
(b) Effective on Date of Enactment.--Sections 106, 107, 205, 304,
606, 702, 903, and 1406 and any amendments made by such sections shall
take effect 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.
TITLE I--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, 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. 10441 et seq.) is amended--
(1) in section 2001(b)--
(A) in paragraph (3), by inserting before the
semicolon at the end the following: ``including
implementation of the non-discrimination requirements
in section 40002(b)(13) of the Violence Against Women
Act of 1994'';
(B) in paragraph (9)--
(i) by striking ``older and disabled
women'' and inserting ``people 50 years of age
or over and people with disabilities''; and
(ii) by striking ``older and disabled
individuals'' and inserting ``people'';
(C) in paragraph (19), by striking ``and'' at the
end;
(D) in paragraph (20), by striking the period at
the end and inserting a semicolon; and
(E) by inserting after paragraph (20), the
following:
``(21) developing and implementing laws, policies,
procedures, and training--
``(A) for the purpose of homicide prevention,
preventing lethal assaults, and responding to threats
of lethal assaults through effective enforcement of
court orders prohibiting possession of and mandating
the recovery of firearms from adjudicated domestic
violence, dating violence, 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;
``(22) developing, enlarging, or strengthening culturally
specific victim services programs to provide culturally
specific victim services regarding, responses to, and
prevention of female genital mutilation, female genital
cutting, or female circumcision;
``(23) providing victim advocates in State or local law
enforcement agencies, prosecutors' offices, and courts and
providing supportive services and advocacy to urban American
Indian and Alaska Native victims of domestic violence, dating
violence, sexual assault, and stalking.'';
(2) in section 2007--
(A) in subsection (d)--
(i) by redesignating paragraphs (5) and (6)
as paragraphs (7) and (8), respectively; and
(ii) by inserting after paragraph (4) the
following:
``(5) proof of compliance with the requirements regarding
training and best practices 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 before
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 inserting
after ``ethnicity,'' the following: ``sexual
orientation, gender identity,''; and
(C) by adding at the end the following:
``(k) Reviews for Compliance With Nondiscrimination Requirements.--
``(1) In general.--If allegations of discrimination 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 of 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 Violence Against Women
Reauthorization Act of 2019, 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
Reauthorization Act of 2019 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 of grants under this part.''; and
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
``In order for a prosecutor's office to be eligible for a subgrant
under this part, the office shall certify to the State, Indian tribal
government, or territorial government receiving grant funding under
this part, that the office implemented and trained on best practices
regarding victim-centered approaches in domestic violence, sexual
assault, dating violence, and stalking cases, including policies
addressing the use of bench warrants, body attachments, and material
witness warrants for victims who fail to appear. These best practices
shall be developed by experts in the fields of domestic violence,
sexual assault, dating violence, stalking, and prosecution.''.
(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 ``2021 through 2025''.
SEC. 102. GRANTS TO IMPROVE 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.) is amended in the
heading, by striking ``grants to encourage arrest policies'' and
inserting ``grants to improve the criminal justice response''.
(b) Grants.--Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10461) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``proarrest'' and
inserting ``offender accountability and homicide
reduction'';
(B) in paragraph (8), by striking ``older
individuals (as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002))'' and inserting
``people 50 years of age or over'';
(C) in paragraph (19), by inserting before the
period at the end the following ``, including victims
among underserved populations (as defined in section
40002(a)(46) of the Violence Against Women Act of
1994)''; and
(D) by adding at the end the following:
``(23) To develop and implement an alternative justice
response (as such term is defined in section 40002(a) of the
Violence Against Women Act of 1994).
``(24) To develop and implement laws, policies, procedures,
and training--
``(A) for the purpose of homicide prevention,
preventing lethal assaults, and responding to threats
of lethal assaults through effective enforcement of
court orders prohibiting possession of and mandating
the recovery of firearms from adjudicated domestic
violence, dating violence, 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.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``encourage
or mandate arrests of domestic violence
offenders'' and inserting ``encourage arrests
of offenders''; and
(ii) in clause (ii), by striking
``encourage or mandate arrest of domestic
violence offenders'' and inserting ``encourage
arrest of offenders''; and
(B) by inserting after subparagraph (E) the
following:
``(F) certify that, not later than 3 years after
the date of the enactment of this subparagraph that the
grantee has implemented and trained on best practices,
which have been developed by experts in the fields of
domestic violence, sexual assault, dating violence, and
prosecution, regarding victim-centered approaches in
domestic violence, sexual assault, dating violence, and
stalking cases, including policies addressing the use
of bench warrants, body attachments, and material
witness warrants for victims who fail to appear; and''.
(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 ``2021 through 2025''.
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 assistance to a
dependent is necessary for the safety of a victim, such
assistance may be provided.''; and
(2) in subsection (f)(1), by striking ``2014 through 2018''
and inserting ``2021 through 2025''.
SEC. 104. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
(1) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8)--
(i) by striking ``to improve'' and
inserting ``improve''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (8) the following:
``(9) develop and implement an alternative justice response
(as such term is defined in section 40002(a) of the Violence
Against Women Act of 1994).''; and
(2) in subsection (e), by striking ``2014 through 2018''
and inserting ``2021 through 2025''.
SEC. 105. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20123) is amended--
(1) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; or''; 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, female genital cutting, or female
circumcision.''; and
(2) in subsection (g), by striking ``2014 through 2018''
and inserting ``2021 through 2025''.
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
injunction,''; 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 protection 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 ``2021 through 2025''.
SEC. 108. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Section 121(a) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20124(a)) is amended by
adding at the end the following:
``(3) Additional authorization of appropriations.--In
addition to the amounts made available under paragraph (1),
there are authorized to be appropriated to carry out this
section $2,000,000 for each of fiscal years 2021 through
2025.''.
SEC. 109. GRANTS FOR LETHALITY ASSESSMENT PROGRAMS.
(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 assistance 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 violence to local
community-based victim service providers;
(2) helps first responders and others in the justice
system, including courts, law enforcement agencies, and
prosecutors of tribal government and units of local government,
identify and respond to possibly lethal circumstances; and
(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 experience in developing, implementing,
evaluating, and disseminating 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 2021 through 2025.
(e) Definitions.--Terms used in this section have the meanings
given such terms 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--
(1) in subsection (b)(4), by striking ``0.25 percent'' and
inserting ``0.5 percent''; and
(2) in subsection (f)(1), by striking ``$40,000,000 to
remain available 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 2021 through 2025''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12341) is amended--
(1) in subsection (a)(3), by striking ``women'' and
inserting ``adults, youth,''; and
(2) in subsection (e)(1), by striking ``2014 through 2018''
and inserting ``2021 through 2025''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST PEOPLE WITH
DISABILITIES.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20122) is amended--
(1) in the heading, by striking ``women'' and inserting
``people'';
(2) in subsection (b)--
(A) by striking ``disabled individuals'' each place
it appears and inserting ``individuals with
disabilities'';
(B) in paragraph (3), by inserting after ``law
enforcement'' the following: ``and other first
responders''; and
(C) in paragraph (8), by striking ``providing
advocacy and intervention services within'' and
inserting ``to enhance the capacity of'';
(3) in subsection (c), by striking ``disabled individuals''
and inserting ``individuals with disabilities''; and
(4) in subsection (e), by striking ``2014 through 2018''
and inserting ``2021 through 2025''.
SEC. 204. 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 paragraph (1) of
subsection (b) and inserting the following: ``The Attorney
General shall make grants to eligible entities in accordance
with the following:'';
(3) by redesignating paragraphs (2) through (5) of
subsection (b) as paragraphs (1) through (4);
(4) in paragraph (1) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``, including domestic violence,
dating violence, sexual assault, stalking,
exploitation, and neglect'' each place it appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting after
``elder abuse'' the following: ``and abuse in
later life'';
(ii) in clauses (ii) and (iii), by
inserting after ``victims of'' the following:
``elder abuse and''; and
(iii) in clause (iv), by striking
``advocates, victim service providers, and
courts to better serve victims of abuse in
later life'' and inserting ``leaders, victim
advocates, victim service providers, courts,
and first responders to better serve older
victims'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``or other
community-based organizations in recognizing
and addressing instances of abuse in later
life'' and inserting ``community-based
organizations, or other professionals who may
identify or respond to abuse in later life'';
and
(ii) in clause (ii), by inserting after
``victims of'' the following: ``elder abuse
and''; and
(D) in subparagraph (D), by striking ``subparagraph
(B)(ii)'' and inserting ``paragraph (2)(B)'';
(5) in paragraph (2) (as redesignated by paragraph (3))--
(A) in subparagraph (A), by striking ``over 50
years of age'' and inserting ``50 years of age or
over''; and
(B) in subparagraph (B), by striking ``in later
life'' and inserting ``50 years of age or over''; and
(6) in paragraph (4) (as redesignated by paragraph (3)), by
striking ``2014 through 2018'' and inserting ``2021 through
2025''.
SEC. 205. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW
ENFORCEMENT.
Title IV of the Violent Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 12291 et seq.) is amended by adding at the end the
following:
``Subtitle Q--Trauma-Informed Training for Law Enforcement
``SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW
ENFORCEMENT.
``(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 `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) a school or university administrator; and
``(C) an emergency services or medical employee;
``(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 enforcement
agency described in paragraph (4)(A), the area over
which the eligible entity has jurisdiction; and
``(B) if the eligible entity is an organization 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 jurisdiction; 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
collaboration with a law enforcement agency described
in subparagraph (A).
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall award grants
on a competitive basis to eligible entities to carry out the
demonstration program under this section by implementing
evidence-based or promising policies and practices to
incorporate trauma-informed techniques designed to--
``(A) prevent re-traumatization of the victim;
``(B) ensure that covered individuals use evidence-
based practices to respond to and investigate cases of
domestic violence, dating violence, sexual assault, and
stalking;
``(C) improve communication between victims and law
enforcement officers in an effort to increase the
likelihood of the successful investigation and
prosecution of the reported crime in a manner that
protects the victim to the greatest extent possible;
``(D) increase collaboration among stakeholders who
are part of the coordinated community response to
domestic violence, dating violence, 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
``(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 fiscal years beginning
after the date of enactment of this Act.
``(3) Award basis.--The Attorney General 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 within the demonstration
site of the eligible entity to use evidence-based, trauma-
informed techniques and knowledge of crime victims' rights
throughout an investigation into domestic violence, dating
violence, sexual assault, or stalking, including by--
``(A) conducting victim interviews in a manner
that--
``(i) elicits valuable information about
the domestic violence, dating violence, sexual
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 appropriate
approach to the community being served;
``(D) 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;
``(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 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 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
Approaches.--
``(1) Identification of existing trainings.--
``(A) In general.--The Attorney General shall
identify trainings for law enforcement officers, 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 approach to
domestic violence, dating violence, sexual
assault, and stalking; and
``(ii) focus on the fundamentals of--
``(I) trauma responses; and
``(II) the impact of trauma on
victims of domestic violence, dating
violence, 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 paragraph (1), the
Attorney General shall consult with the Director of the Office
for Victims of Crime in 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 care for victims of
domestic violence, dating violence, sexual assault, and
stalking.
``(e) Evaluation.--The Attorney General, 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--
``(1) 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;
``(2) periodically conduct an evaluation described 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.
``(f) Authorization of Appropriations.--The Attorney General shall
carry out this section using amounts otherwise available to the
Attorney General.
``(g) Rule of Construction.--Nothing in this section shall be
construed to interfere with the due process rights of any
individual.''.
TITLE III--SERVICES, PROTECTION, 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)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following ``or digital
services (as such term is defined in section 40002(a)
of the Violence Against Women Act of 1994)''; and
(B) in paragraph (7), by striking ``sexual
assault'' and inserting ``sexual violence, sexual
assault, and sexual harassment'';
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``$50,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$150,000,000 for each of fiscal years 2021 through
2025''; and
(B) in paragraph (3), by adding at the end the
following: ``Not less than 80 percent of the total
amount made available under this subsection in each
fiscal year shall be awarded in accordance with this
paragraph.''; and
(4) by adding at the end the following:
``(e) Report.--Not later than 1 year after the date of the
enactment of the Violence Against Women Reauthorization Act of 2019,
the Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall submit to Congress, the Committee on
Appropriations 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
activities funded by grants awarded under this section and best
practices relating to rape prevention and education.''.
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 amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``target youth who are victims
of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking'' and
inserting ``target youth, including youth in
underserved populations who are victims of
domestic violence, dating violence, sexual
assault, stalking, and sex trafficking'';
(ii) in subparagraph (B), by striking
``or'' at the end;
(iii) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
and
(iv) by inserting after subparagraph (C)
the following:
``(D) clarify State or local mandatory reporting
policies and practices regarding peer-to-peer dating
violence, sexual assault, stalking, and sex
trafficking; or
``(E) develop, enlarge, or strengthen culturally
specific programs and projects to provide culturally
specific services regarding, responses to, and
prevention of female genital mutilation, female genital
cutting, or female circumcision.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``stalking, or sex trafficking'' and inserting
``stalking, sex trafficking, or female genital
mutilation, female genital cutting, or female
circumcision'';
(ii) in subparagraph (C), by inserting
``confidential'' before ``support services'';
and
(iii) in subparagraph (E), by inserting
after ``programming for youth'' the following:
``, including youth in underserved
populations,'';
(2) in subsection (c)(2)(A), by striking ``paragraph (1)''
and inserting ``subparagraph (A) or (B) of paragraph (1)'';
(3) in subsection (d)(3), by striking ``stalking, and sex
trafficking'' and inserting ``and stalking, including training
on working with youth in underserved populations (and, where
intervention or programming will include a focus on female
genital mutilation, female genital cutting, or female
circumcision, or on sex trafficking, sufficient training on
those topics)''; and
(4) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$25,000,000
for each of fiscal years 2021 through 2025''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization 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 effectively
identify and respond to the crimes of domestic 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 the Title IX coordinator's
office and student conduct office on campus disciplinary or
judicial boards on such policies, protocols, and services.'';
(B) by amending paragraph (3) to read as follows:
``(3) To provide prevention and education programming about
domestic violence, dating violence, sexual assault, and
stalking, including technological abuse and reproductive and
sexual coercion, that is age-appropriate, culturally relevant,
ongoing, delivered in multiple venues on campus, accessible,
promotes respectful nonviolent behavior as a social norm, and
engages men and boys. Such programming should be developed in
partnership or collaboratively 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 disseminate'';
(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 appropriate
campus faculty, such as academic advisors or professionals who
deal with students on a daily basis, on how to recognize and
respond to domestic violence, dating violence, sexual assault,
and stalking, 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 providers can support ongoing outreach
efforts.
``(12) To train campus personnel in how to use a victim-
centered, trauma-informed interview technique, which means
asking questions of a student or a campus employee who is
reported to be a victim of sexual harassment, sexual assault,
domestic violence, 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 the
neurobiology of trauma. To the extent practicable, campus
personnel shall allow the reported victim to participate in a
recorded interview and to receive a copy of the recorded
interview.
``(13) To develop and implement an alternative justice
response (as such term is defined in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(a))).'';
(2) in subsection (c)(3), by striking ``2014 through 2018''
and inserting ``2021 through 2025'';
(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 participants in
the resolution process, including the Title IX
coordinator's office and student conduct office, to
respond effectively to situations involving domestic
violence, dating violence, sexual 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 inserting ``$16,000,000
for each of fiscal years 2021 through 2025''.
SEC. 304. COMBAT ONLINE PREDATORS.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended by inserting after section 2261A the following:
``Sec. 2261B. Enhanced penalty for stalkers of children
``(a) In General.--Except as provided in subsection (b), if the
victim of an offense under section 2261A is under the age of 18 years,
the maximum term of imprisonment for the offense is 5 years greater
than the maximum term of imprisonment otherwise provided for that
offense in section 2261.
``(b) Limitation.--Subsection (a) shall not apply to a person who
violates section 2261A if--
``(1) the person is subject to a sentence under section
2261(b)(5); and
``(2)(A) the person is under the age of 18 at the time the
offense occurred; or
``(B) the victim of the offense is not less than 15 nor
more than 17 years of age and not more than 3 years younger
than the person who committed the offense at the time the
offense occurred.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261A the following new item:
``2261B. Enhanced penalty for stalkers of children.''.
(c) Conforming Amendment.--Section 2261A of title 18, United States
Code, is amended in the matter following paragraph (2)(B), by striking
``section 2261(b) of this title'' and inserting ``section 2261(b) or
section 2261B, as the case may be''.
(d) Report on Best Practices Regarding Enforcement of Anti-Stalking
Laws.--Not later than 1 year after the date of the enactment of this
Act, the Attorney General shall submit a report to Congress, which
shall--
(1) include an evaluation of Federal, Tribal, State, and
local efforts to enforce laws relating to stalking; and
(2) identify and describe those elements of such efforts
that constitute the best practices for the enforcement of such
laws.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402 of the Violence Against Women and Department 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 ``2021 through 2025''.
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--
(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
populations.'';
(2) 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.'';
(3) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$45,000,000
for each of fiscal years 2021 through 2025''; and
(4) in subsection (g), by adding at the end the following:
``(3) Remaining amounts.--Any amounts not made available
under paragraphs (1) and (2) may be used for any set of
purposes described in paragraphs (1), (2), or (3) of subsection
(b), or for a project that fulfills 2 or more of such sets of
purposes.''.
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEMS RESPONSE
SEC. 501. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEMS 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 (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the development or enhancement and implementation of
training programs to improve the capacity of early childhood
programs to address domestic violence, dating violence, sexual
assault, and stalking among families they serve.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)(ii), by inserting
``, including labor and sex trafficking'' after
``other forms of violence and abuse'';
(ii) in subparagraph (B)--
(I) in clause (ii)--
(aa) by striking ``on-site
access to''; and
(bb) by striking ``patients
by increasing'' and all that
follows through the semicolon
and inserting the following:
``patients by--
``(I) increasing the capacity of
existing health care professionals,
including professionals who specialize
in trauma and in behavioral and mental
health care (including substance abuse
disorder), and public health staff to
address domestic violence, dating
violence, sexual assault, stalking, and
children exposed to violence;
``(II) contracting with or hiring
advocates for victims of domestic
violence or sexual assault to provide
such services; or
``(III) providing funding to State
domestic and sexual violence coalitions
to improve the capacity of such
coalitions to coordinate and support
health advocates and other health
system partnerships;'';
(II) in clause (iii), by striking
``and'' at the end;
(III) in clause (iv) by striking
the period at the end and inserting the
following: ``, with priority given to
programs administered through the
Health Resources and Services
Administration, Office of Women's
Health; and''; and
(IV) by adding at the end the
following:
``(v) the development, implementation,
dissemination, and evaluation of best
practices, tools, and training materials for
behavioral and mental health professionals to
identify and respond to domestic violence,
sexual violence, stalking, and dating
violence.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the heading, by striking
``Child and elder abuse'' and inserting
the following: ``Child abuse, abuse in
later life, and elder abuse''; and
(II) by striking ``child or elder
abuse'' and inserting the following:
``child abuse, abuse in later life, or
elder abuse'';
(ii) in subparagraph (C)--
(I) in clause (i), by striking
``and stalking and elder abuse'' and
inserting ``stalking, abuse in later
life, and elder abuse'';
(II) in clause (iii), by striking
``or'' at the end;
(III) in clause (iv)--
(aa) by inserting ``mental
health,'' after ``dental,'';
and
(bb) by striking ``exams.''
and inserting ``exams and
certifications;''; and
(IV) by inserting after clause (iv)
the following:
``(v) development of a State-level pilot
program to--
``(I) improve the response of
substance use disorder treatment
programs and systems to domestic
violence, dating violence, sexual
assault, and stalking;
``(II) improve the capacity of
substance use disorder treatment
programs and systems to serve survivors
of domestic violence, dating violence,
sexual assault, and stalking dealing
with substance use disorder; and
``(III) improve the capacity of
domestic violence, dating violence,
sexual assault, and stalking programs
to serve survivors with substance abuse
disorder; or
``(vi) development and utilization of
existing technical assistance and training
resources to improve the capacity of substance
use disorder treatment programs to address
domestic violence, dating violence, sexual
assault, and stalking among patients the
programs serve.'';
(3) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) by inserting ``or behavioral health''
after ``of health'';
(ii) by inserting ``behavioral'' after
``physical or''; and
(iii) by inserting ``, including substance
use disorder treatment,'' after ``health
care'';
(B) in subparagraph (B)--
(i) by striking ``or health system'' and
inserting ``behavioral health treatment
system''; and
(ii) by striking ``including physical or
mental health care'' and inserting ``including
physical, mental, or behavioral health care'';
(4) in subsection (f)--
(A) in the heading, by striking ``Research and
Evaluation'' and inserting ``Research, Evaluation, and
Data Collection'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``research and evaluation''
and inserting ``research, evaluation, or data
collection''; and
(ii) in subparagraph (B), by inserting
after ``health care'' the following: ``or
mental or behavioral health (including
substance use disorder treatment)'';
(C) in paragraph (2)--
(i) in the heading, by inserting after
``Research'' the following: ``and data
collection'';
(ii) in the matter preceding subparagraph
(A), by inserting ``or data collection'' before
``authorized in paragraph (1)'';
(iii) in subparagraph (C), by striking
``and'' at the end;
(iv) in subparagraph (D), by striking the
period at the end and inserting a semicolon;
and
(v) by inserting after subparagraph (D) the
following:
``(E) research on the intersection of substance use
disorder and domestic violence, dating violence, sexual
assault, and stalking, including the effect of coerced
use and efforts by an abusive partner or other to
interfere with substance use disorder treatment and
recovery; and
``(F) improvement of data collection using existing
Federal surveys by including questions about domestic
violence, dating violence, sexual assault, or stalking
and substance use disorder, coerced use, and mental or
behavioral health (including substance use
disorder).'';
(5) in subsection (g), by striking ``2014 through 2018''
and inserting ``2021 through 2025''; and
(6) in subsection (h), by striking ``herein'' and
``provided for''.
TITLE VI--SAFE HOMES FOR VICTIMS
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC 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 amended--
(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 following:
``including the direct loan program under such
section'';
(ii) in subparagraph (D), by striking ``the
program under subtitle A of'' and inserting
``the programs under'';
(iii) in subparagraph (I)--
(I) by striking ``sections 514,
515, 516, 533, and 538 of the Housing
Act of 1949 (42 U.S.C. 1484, 1485,
1486, 1490m, and 1490p-2)'' and
inserting ``sections 514, 515, 516,
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 semicolon;
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 Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4501);
``(L) the provision of assistance for housing under
the Comprehensive Service Programs for Homeless
Veterans program under subchapter II of chapter 20 of
title 38, United States Code;
``(M) the provision of assistance for housing and
facilities under the grant program for homeless
veterans with special needs under section 2061 of title
38, United States Code;
``(N) the provision of assistance for permanent
housing under the program for financial assistance for
supportive services for very low-income veteran
families in permanent housing under section 2044 of
title 38, United States Code;
``(O) housing assisted under the rent supplement
program under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); and
``(P) any other Federal housing programs providing
affordable housing to low-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 Homeless Assistance Act (42 U.S.C. 11360).
``(5) Continuum of care.--The term `Continuum of Care'
means the Federal program authorized under subtitle C of title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.).
``(6) Covered housing provider.--The term `covered housing
provider'--
``(A) means the individual or entity under a
covered housing program that has responsibility for the
administration or oversight of housing assisted under a
covered housing program; and
``(B) includes public housing agencies, sponsors,
owners, mortgagors, managers, grantees under the
Continuum of Care, State and local governments or
agencies thereof, and nonprofit 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 provided 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 `emergency transfer'--
``(A) except as provided under subparagraph (B),
means a transfer under subsection (e) from a unit of a
covered housing provider to any other unit of the same
principal, affiliate, or management agent of the
covered housing 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 covered housing program.
``(10) External referral.--The term `external referral'--
``(A) except as provided under subparagraph (B),
means a referral provided to a victim of domestic
violence, dating violence, sexual assault, or stalking
by a covered housing provider to the applicable
regional office of the Department 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 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 Victims Relocation Pool voucher' means a
housing voucher provided under section 8(o)(21) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(21)).'';
(2) 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 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, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other
person under the control of the tenant, if the
tenant or an affiliated individual of the
tenant is the victim or threatened victim of
such domestic violence, dating violence, sexual
assault, or stalking.
``(ii) Criminal activity engaged in by
perpetrator of abuse.--
``(I) In general.--A tenant shall
not be denied assistance, tenancy, or
occupancy rights to housing assisted
under a covered housing program solely
on the basis of criminal activity,
including drug-related criminal
activity, engaged in by the perpetrator
of the domestic violence, dating
violence, sexual assault, or stalking.
``(II) Rule of construction.--
Nothing in subclause (I) shall be
construed to limit the authority to
terminate assistance to a tenant or
evict a tenant from housing assisted
under a covered housing program if a
public housing agency or an owner or a
manager of the housing demonstrates
that an actual and imminent threat to
other tenants or individuals employed
at or providing service to the housing
would be present if the assistance is
not terminated or the tenant 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 who is a victim of
domestic violence, dating violence, sexual
assault, or stalking on the basis of criminal
activity of the tenant, including drug-related
criminal activity--
``(I) the covered housing provider
shall consider--
``(aa) the seriousness of
the case;
``(bb) the extent of
participation or culpability of
the tenant, including whether
the tenant was coerced by the
perpetrator of the domestic
violence, dating violence,
sexual assault, or stalking;
``(cc) whether the criminal
activity was related to a
symptom of a disability,
including a substance use
disorder;
``(dd) in cases involving
drug-related criminal activity
or criminal activity involving
alcohol abuse, whether the
tenant is participating in, or
has successfully completed, a
supervised drug or alcohol
rehabilitation program, or has
otherwise been rehabilitated
successfully; and
``(ee) any other relevant
mitigating circumstances; and
``(II) the covered housing program
shall provide the tenant with--
``(aa) a written summary of
the review conducted by the
covered housing program; and
``(bb) an opportunity to
invoke the applicable grievance
policy of the covered housing
program to dispute the findings
of the review.'';
(C) in subparagraph (B)--
(i) in the heading, by striking
``Bifurcation'' 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
violence, dating violence, sexual assault, or
stalking, and the perpetrator no longer resides
in the unit and was the sole tenant eligible to
receive assistance under a covered housing
program, the covered housing provider shall--
``(I) provide any other tenant or
resident of the unit who is an
unreported member of the household
because of domestic violence, dating
violence, sexual assault, dating
violence, or stalking the opportunity
to establish eligibility for the
covered housing program; or
``(II) provide a tenant or resident
described in subclause (I) with not
less than 180 days--
``(aa) to remain in the
unit under the same terms and
conditions as the perpetrator;
and
``(bb) find new housing or
establish eligibility for
another covered housing
program.'';
(iv) in clause (ii), as so redesignated--
(I) in the heading, by striking
``In general'' and inserting
``Eviction''; and
(II) by inserting after ``a public
housing agency'' the following: ``,
participating jurisdictions, grantees
under the Continuum of Care,
grantees,''; and
(v) by striking clause (iii), as so
redesignated;
(D) in subparagraph (C)--
(i) in clause (iii), by striking ``or'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(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 victims of domestic
violence, dating violence, sexual assault, or
stalking.''; and
(E) by inserting after subparagraph (C) the
following:
``(D) Early termination.--
``(i) In general.--A covered housing
provider shall permit a tenant 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 has been
a victim of domestic violence, dating violence,
sexual assault, or stalking and the tenant--
``(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 is threatened with imminent
harm if the tenant remains within the
same dwelling unit subject to the
lease; or
``(bb) is a victim of sexual
assault, the sexual assault occurred on
the premises during the 90-day period
preceding the request for lease
termination; and
``(III) provides a form of
documentation consistent with the
requirements outlined in subsection
(c)(3).
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed to
preclude any automatic termination of a lease
by operation of law.'';
(3) in subsection (c)(4), in the matter preceding
subparagraph (A)--
(A) by striking ``Any information submitted to a
public housing agency or owner or manager'' and
inserting ``Covered housing providers shall ensure any
information submitted''; and
(B) by inserting after ``owner or manager'' the
following: ``of housing assisted under a covered
housing program'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``an applicant for or tenants
of'' and inserting ``all adult members of
applicant households for or all adult tenants
of''; and
(ii) in subparagraph (B), by striking
``guidance issued by the Secretary of Housing
and Urban Development'' and inserting ``title
VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and any guidance issued by the
appropriate agencies''; and
(B) by adding at the end the following:
``(3) Translation of standardized documents.--Each
appropriate agency shall ensure that standardized documents
relating to the implementation of this title are--
``(A) translated into multiple languages; and
``(B) made accessible to covered housing providers
within a reasonable time after adoption of the
documents by the appropriate agency.'';
(5) by amending subsection (e) to read as follows:
``(e) Emergency Transfers and National VAWA Victims Relocation Pool
Policies.--
``(1) In general.--A tenant who is a victim of domestic
violence, 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.--
``(A) Emergency transfers.--A covered housing
provider shall grant an emergency transfer to a tenant
described in paragraph (1) if--
``(i) the covered housing provider and the
tenant determine that a safe dwelling unit is
available; and
``(ii) the tenant meets the eligibility
criteria described in paragraph (3).
``(B) Vouchers.--The Secretary of Housing and Urban
Development and a covered housing provider authorized
to determine eligibility for National VAWA Victims
Relocation Pool vouchers under policies and procedures
established under subsection (f)(1) shall approve a
National VAWA Victims Relocation Pool voucher for a
tenant described in paragraph (1) if the tenant meets
the eligibility criteria described in paragraph (3).
``(3) Criteria.--
``(A) In general.--The applicable responsible
entity under paragraph (2) shall approve an application
submitted by a tenant described in paragraph (1) for an
emergency transfer, a National VAWA Victims Relocation
Pool voucher, or both, if--
``(i) the tenant expressly requests the
emergency transfer or National VAWA Victims
Relocation Pool voucher, or both, from the
applicable responsible entity; and
``(ii)(I) the tenant reasonably believes
that the tenant is threatened with imminent
harm from further violence if the tenant
remains within the same dwelling unit assisted
under a covered housing program; or
``(II) in the case of a tenant who is a
victim of sexual assault, the sexual assault
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.--A tenant who is not in good
standing retains the right to an emergency transfer or
a National VAWA Victims Relocation Pool voucher if the
tenant meets the eligibility requirements in this
subsection and the eligibility requirements of the
program to which the tenant intends to transfer.
``(4) Policies.--Each appropriate agency shall adopt
emergency transfer and National VAWA Victim Relocation Pool
voucher policies for use by covered housing programs, which
shall--
``(A) reflect the variations in program operation
and administration by covered housing program type;
``(B) at a minimum, describe a process that--
``(i) permits tenants who are victims of
domestic violence, dating violence, sexual
assault, or stalking to move to another
available and safe dwelling quickly through an
emergency transfer, a National VAWA Victims
Relocation Pool voucher, or an external
referral; and
``(ii) provides that the tenant can request
an emergency transfer or a National VAWA
Victims Relocation Pool voucher, or both,
whichever is safe and available for the tenant;
and
``(C) with respect to a request for an emergency
transfer, provide that--
``(i) not later than 5 days after the date
on which a covered housing provider receives an
emergency transfer request from a tenant, the
covered housing provider shall determine
whether the tenant 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 request;
``(iii) if a safe unit is not available,
the covered housing provider shall provide to
the tenant--
``(I) a written status report
regarding the status of the emergency
transfer request of the tenant; and
``(II) information about National
VAWA Victims Relocation Pool vouchers;
and
``(iv) if the emergency transfer request
has been denied due to reasons unrelated to the
availability of a safe and suitable unit, the
tenant may appeal the decision through the
applicable grievance or hearing process of the
covered housing provider;
``(D) with respect to a request for a National VAWA
Victims Relocation Pool voucher--
``(i) the request may be made to the
Secretary of Housing and Urban Development by a
tenant, a collaborative applicant of the local
Continuum of Care or designee of the
collaborative applicant, a public housing
agency, 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 jurisdiction of the
tenant, the Secretary shall process the request
and refer administration of the National VAWA
Victims Relocation Pool voucher to the
appropriate public housing agency of the
selected jurisdiction of the tenant;
``(E) allow a victim of domestic violence dating
violence, sexual assault, or stalking to temporarily
relocate, while maintaining eligibility 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
National 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 priority over
existing 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 information
regarding a tenant who is victim of domestic violence,
dating violence, sexual assault, or stalking, including
the location of a new dwelling unit to any person or
entity without the time-limited written authorization
of the tenant; and
``(I) mandate that when a tenant described submits
an emergency transfer request to a covered housing
provider, the covered housing provider shall provide
contact information for--
``(i) local organizations offering
assistance to tenants and other housing
providers who may have safe and available
housing; or
``(ii) contact information for the regional
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 applicant 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
may be eligible;
``(C) coordinate external referrals with the
collaborative applicant of the local Continuum of Care,
or designee of the collaborative applicant, in other
jurisdictions in cases where a tenant requests an out-
of-jurisdiction transfer; and
``(D) ensure that a tenant is not required to be
reassessed and retains chronically homeless status, if
applicable, through the local Continuum of Care intake
process when seeking an emergency transfer or external
referral placement.
``(6) Regional offices.--Each HUD regional office shall--
``(A) in collaboration with public housing agencies
and the entities described in paragraph (5), develop
and implement a regional emergency transfer 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 section 41413 and
made publicly available; and
``(iii) include any additional policies,
priorities, and strategies set by the entities
described in paragraph (5); and
``(B) in consultation with the Violence Against
Women Director described in section 41413, facilitate
external referral requests for tenants who are victims
of domestic violence, dating violence, sexual assault,
or stalking if the tenant cannot obtain an emergency
transfer or a National VAWA Victims Relocation Pool
voucher.
``(7) Covered housing providers.--Each covered housing
provider shall develop and implement an emergency transfer
policy consistent with the requirements in paragraph (4) or
(5).'';
(6) by amending subsection (f) to read as follows:
``(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 Reauthorization Act of
2019, the Secretary of Housing and Urban Development shall
establish policies and procedures under which a tenant may
receive, under subsection (e), subject to the availability of
funds, a National VAWA Victims Relocation Pool voucher.
``(2) Appropriate agencies.--Not later than 180 days after
the date of enactment of the Violence Against Women
Reauthorization Act of 2019, the head of each appropriate
agency shall establish the policies required under subsection
(e) with respect to emergency transfers and National VAWA
Victims Relocation Pool vouchers.'';
(7) by redesignating subsection (g) as subsection (h);
(8) by inserting after subsection (f) the following:
``(g) Training and Referrals.--
``(1) Training for staff of covered housing programs.--
``(A) In general.--The Secretary of Housing and
Urban Development, in partnership 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 violence, 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 tenant
services to attend both the basic understanding
training and the implementation training
described in subparagraph (A) as necessary.
``(2) Referrals.--The appropriate agency with respect to
each covered housing program and the local Continuum of Care
shall supply all appropriate staff of the covered housing
providers with a referral listing of public contact information
for all domestic violence, dating violence, sexual assault, 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 2021 through
2025.''; and
(9) by inserting after subsection (h), as so redesignated,
the following:
``(i) Rules of Construction.--Nothing in this section 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
Reauthorization Act of 2019; 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 at the end the following:
``(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 assistance for the creation of a National VAWA
Victims Relocation Pool, which shall provide rental
assistance on behalf of tenants who are victims of
domestic violence, dating violence, sexual assault, and
stalking eligible for assistance under section 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 for a tenant
when the assistance for the tenant is terminated,
unless specifically authorized by the Secretary.
``(C) Authorization of appropriations.--Beginning
in fiscal year 2021 and each fiscal year thereafter,
there are authorized to be appropriated $20,000,000 to
provide vouchers for rental assistance under this
paragraph.''.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING
RETALIATION AGAINST VICTIMS.
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 compliance 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 appropriate agency; and
``(B) examine--
``(i) covered housing provider compliance
with requirements prohibiting the denial of
assistance, tenancy, or occupancy rights on the
basis of domestic violence, dating violence,
sexual assault, or stalking;
``(ii) covered housing provider compliance
with confidentiality provisions set forth in
section 41411(c)(4);
``(iii) covered housing provider compliance
with the notification requirements set forth in
section 41411(d)(2);
``(iv) covered housing provider compliance
with accepting documentation set forth in
section 41411(c);
``(v) covered housing provider compliance
with emergency transfer requirements set forth
in section 41411(e); and
``(vi) covered housing provider compliance
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 Reauthorization Act of 2019,
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, including
the number of emergency transfers and National VAWA Victims
Relocation Pool vouchers requested and granted, as well as the
length of time needed to process emergency transfers, 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 agency shall ensure that
an agency-level assessment of the information collected during the
compliance review process completed pursuant to this subsection--
``(1) includes an evaluation of each topic identified in
subsection (a); and
``(2) is made publicly available.
``SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIOLENCE
AGAINST WOMEN DIRECTOR.
``(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 regulations,
policy, protocols, and guidelines on matters relating to the
implementation of this subtitle, at each agency administering a
covered housing program;
``(3) advise and coordinate with designated officials
within the United States Interagency Council on Homelessness,
the Department of Housing and Urban Development, the Department
of the Treasury, 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 advancing housing
protections and access to housing for victims of domestic
violence, dating violence, sexual assault, and stalking,
including compliance with this subtitle;
``(5) ensure that adequate technical assistance is made
available to covered housing providers regarding implementation
of this subtitle, as well as other issues related to advancing
housing protections for victims of domestic violence, dating
violence, sexual 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 stalking;
``(7) implement a quality control system and a corrective
action plan system for those covered housing providers that
fail to comply with this subtitle, wherein--
``(A) covered housing providers completing
corrective action plans shall be required to consult
with national, State, or local programs focused on
victims of domestic violence, dating violence, sexual
assault, or stalking; and
``(B) the corrective action plans shall include
provisions requiring covered housing providers to
review and develop appropriate notices, 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 receive
individual complaints concerning noncompliance 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 requests,
notice, and approval of National VAWA Victims Relocation Pool
vouchers, and further implement, as necessary, any policies or
procedures relating to the National VAWA Victims Relocation
Pool vouchers;
``(11) work with HUD regional offices to develop a
mechanism to implement regional external referral plans and
officials at each appropriate agency relating to the
development of Federal regulations, policy, protocols, and
guidelines regarding uniform 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 multiple language and made
accessible to covered housing providers within a reasonable
time upon adoption of the documents by the appropriate 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 Executive 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 required under section
41412(a).
``(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 2021 through 2025.
``SEC. 41414. PROHIBITION ON RETALIATION.
``(a) Nondiscrimination Requirement.--No covered housing provider
shall discriminate against any person because that person has opposed
any act or practice made unlawful by this subtitle, or because that
individual testified, assisted, or participated in any matter related
to this subtitle.
``(b) Prohibition on Coercion.--No covered housing 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 enjoyment of, any
rights or protections under this subtitle, including--
``(1) intimidating or threatening any person because that
person is assisting or encouraging an individual entitled to
claim the rights or protections under this subtitle; and
``(2) retaliating against any person because that person
has participated in any investigation or action to enforce this
subtitle.
``(c) Enforcement Authority of the Secretary.--The authority of 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.), as
amended by this Act, is further amended 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 (42 U.S.C. 5306).
``(b) Right To Report.--
``(1) In general.--Landlords, homeowners, residents,
occupants, and guests of, and applicants for, housing--
``(A) shall have the right to seek law enforcement
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 activity
of which they are a victim or otherwise not at fault
under statutes, ordinances, regulations, 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.
``(c) Reporting.--Consistent with the process described 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 subgrantees, that
impose penalties on landlords, homeowners, residents,
occupants, guests, or housing applicants 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 ensure 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 available to address violations of this section.
``(e) Subgrantees.--For those covered governmental entities that
distribute funds to subgrantees, compliance with subsection (c)(1)
includes inquiring about the existence of laws and policies adopted by
subgrantees that impose penalties on landlords, homeowners, residents,
occupants, 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
following:
``(I) Programs for the development and
implementation 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 policy 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 emergency assistance; or
(ii) imposes a penalty described in section 41415(b)(2)
of the Violence Against Women Act of 1994 on a
landlord, homeowner, tenant, 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, 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 period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(24) to develop and implement methods of reducing crime
in communities, to supplant punitive programs or policies (as
such term is defined in section 501(a)(1)(I)).''.
(3) Additional authorized use of grants to improve criminal
justice response policies.--Section 2101(b) of part U of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10461(b)), as amended by this Act, is further amended by
adding at the end the following:
``(25) To develop and implement methods of reducing crime
in communities, to supplant punitive programs or policies. For
purposes of this paragraph, a punitive program or policy is a
program or policy that (A) imposes a penalty described in
section 41415(b) of the Violence Against Women Act of 1994 on
the basis of a request for law enforcement or emergency
assistance; or (B) imposes a penalty described in section
41415(b) of the Violence Against Women Act of 1994 on a
landlord, homeowner, tenant, 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, resident,
occupant, or guest was a victim of such criminal activity.''.
SEC. 604. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
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 Violence
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 ``2021 through 2025'';
(B) in paragraph (2), by striking ``5 percent'' and
inserting ``8 percent''; and
(C) in paragraph (3)(B), by striking ``0.25
percent'' and inserting ``0.5 percent''.
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 Homeless 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 ``2021 through 2025''.
(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--
(1) in subsection (b), by striking ``the Director of the
Violence Against Women Office'' and inserting ``the Director of
the Office on Violence Against Women'';
(2) in subsection (c)(2)(D), by inserting after
``linguistically and culturally specific service providers,''
the following: ``population-specific organizations,''; and
(3) in subsection (g), by striking ``2014 through 2018''
and inserting the following: ``2021 through 2025''.
SEC. 606. UNITED STATES HOUSING ACT OF 1937 AMENDMENTS.
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 follows:
``(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
``(iii) any and all memoranda of
understanding with other covered housing
providers developed to facilitate emergency
transfers under section 41411(e) of the
Violence Against Women Act of 1994.
``(B) Descriptions.--A description of--
``(i) any activities, services, or programs
provided or offered by an agency, either
directly or in partnership with other service
providers, to child or adult victims of
domestic violence, dating violence, sexual
assault, or stalking;
``(ii) any activities, services, or
programs provided or offered by a public
housing agency that helps child and adult
victims of domestic violence, dating violence,
sexual assault, or stalking, to obtain or
maintain housing;
``(iii) any activities, services, or
programs provided or offered by a public
housing agency to prevent domestic violence,
dating violence, sexual assault, and stalking,
or to enhance victim safety in assisted
families; and
``(iv) all training and support services
offered to staff of the public housing agency
to provide a basic understanding of domestic
violence, dating violence, sexual assault, and
stalking, and to facilitate implementation of
the housing protections of section 41411 of the
Violence Against Women Act of 1994.''; and
(2) in paragraph (16), by inserting ``the Violence Against
Women Act of 1994,'' before ``the Fair Housing Act''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
SEC. 701. FINDINGS.
Congress finds the following:
(1) More than 1 in 3 women and nearly 1 in 3 men experience
sexual violence, and 1 in 5 women have survived completed or
attempted rape. Such violence has a devastating impact on
women's physical and emotional health, financial 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 that is used by one intimate
partner to gain or maintain power and control over another
intimate partner. Domestic violence can include physical,
sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. Domestic
violence includes any behaviors that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound an individual.
(3) The Centers for Disease Control and Prevention 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 sexual 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 Prevention has
found that transgender and gender non-conforming people had an
elevated prevalence of suicide attempts, especially when they
have suffered physical or sexual violence.
(7) 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 partner 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 workplace homicides
among women during the period. In fact, in 2010, homicides
against women at work increased by 13 percent despite
continuous declines in overall workplace homicides in recent
years.
(8) Women in the United States are 25 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 firearm than all other means combined. The
presence of a gun in domestic violence situations increases the
risk of homicide for women by 500 percent.
(9) 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 occurring in or out of the
workplace, can impair an employee's work performance, require
time away from work, and undermine the employee's ability to
maintain a job. Nearly 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of the
assaults.
(10) Studies find that 60 percent of single women lack
economic security and 81 percent of households with single
mothers live in economic insecurity. 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 of their autonomy,
liberty, and security, and face tremendous threats to their
health and safety.
(11) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner 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
disproportionately 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.
(12) Annual costs of intimate partner violence are
estimated to be more than $8,300,000,000. According to the
Centers for Disease Control and Prevention, 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 because the costs associated with the criminal
justice system are not included.
(13) Sixty-one percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, and more than 70 percent said domestic
violence negatively affects attendance. Seventy-eight percent
of human resources 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 employers provided training on domestic
violence.
(14) Studies indicate that one of the best predictors 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 violence, dating violence, sexual assault,
and stalking often negatively impact a survivor's ability to
maintain employment.
(15) 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 partners at work, limiting their
partners' access to cash or transportation, and sabotaging
their partners' child care arrangements.
(16) 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 preventing someone from attending school, threatening
to or actually terminating employment, controlling or
withholding access to cash, checking, or credit accounts, 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
forcing an intimate partner into bankruptcy.
(17) The Patient Protection and Affordable Care Act (Public
Law 111-148), and the amendments 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.
(18) 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 violence,
dating violence, sexual assault, or stalking to take
leave from work to seek legal assistance and redress,
counseling, or assistance with safety planning
activities;
(B) address the eligibility of survivors of
domestic violence, dating violence, sexual assault, or
stalking for unemployment compensation;
(C) provide job protection to survivors of domestic
violence, dating violence, sexual assault, or stalking;
(D) prohibit insurers and employers who self-insure
employee benefits from discriminating against survivors
of domestic violence, dating violence, sexual assault,
or stalking and those who help them in determining
eligibility, rates charged, and standards for payment
of claims; or
(E) prohibit insurers from disclosing information
about abuse and the location of the survivors through
insurance databases and other means.
(19) This Act aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be
free from violence, hardship, and control, which restrains
basic human rights to freedom and safety in the United States.
SEC. 702. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12501) is amended--
(1) in subsection (a)--
(A) by inserting ``and sexual harassment'' after
``domestic and sexual violence''; and
(B) by striking ``employers and labor
organizations'' and inserting ``employers, labor
organizations, and victim service providers'';
(2) in subsection (b)(3), by striking ``and stalking'' and
inserting ``stalking, and sexual harassment'';
(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 inserting ``$2,000,000 for
each of fiscal years 2021 through 2025''.
SEC. 703. ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
SEXUAL AND OTHER HARASSMENT AND SURVIVORS OF DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) 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 following new
paragraph:
``(4)(A) Such methods of administration as will ensure
that--
``(i) applicants for unemployment compensation and
individuals inquiring about such compensation are
notified of the provisions of section 3304(a)(19) of
the Internal Revenue Code of 1986; and
``(ii) claims reviewers and hearing personnel are
trained in--
``(I) the nature and dynamics of sexual and
other harassment, domestic violence, sexual
assault, or stalking; and
``(II) methods of ascertaining and keeping
confidential information about possible
experiences of sexual and other harassment,
domestic violence, sexual assault, or stalking
to ensure that--
``(aa) requests for unemployment
compensation based on separations
stemming from sexual and other
harassment, domestic violence, sexual
assault, or stalking are identified and
adjudicated; and
``(bb) confidentiality is provided
for the individual's claim and
submitted evidence.
``(B) For purposes of this paragraph--
``(i) the terms `domestic violence', `sexual
assault', and `stalking' have the meanings given such
terms in section 40002 of the Violence Against Women
Act of 1994;
``(ii) the term `sexual and other harassment' has
the meaning given such term under State law,
regulation, or policy; and
``(iii) the term `survivor of domestic violence,
sexual assault, or stalking' means--
``(I) a person who has experienced or is
experiencing domestic violence, sexual assault,
or stalking; and
``(II) a person whose family or household
member has experienced or is experiencing
domestic violence, sexual assault, or
stalking.''.
(b) 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 survivors of sexual and other harassment, domestic violence,
sexual assault, or stalking.--
``(A) In general.--A certification by the chief
executive officer of the State that the State has
established and is enforcing standards and procedures
to--
``(i) ensure that applicants for assistance
under the State program funded under this part
and individuals inquiring about such assistance
are adequately notified of--
``(I) the provisions of section
3304(a)(19) of the Internal Revenue
Code of 1986; and
``(II) assistance made available by
the State to survivors of sexual and
other harassment, domestic violence,
sexual assault, or stalking;
``(ii) ensure that case workers and other
agency personnel responsible for administering
the State program funded under this part are
adequately trained in--
``(I) the nature and dynamics of
sexual and other harassment, domestic
violence, sexual assault, or stalking;
``(II) State standards and
procedures relating to the prevention
of, and assistance for individuals who
are survivors of sexual and other
harassment, domestic violence, sexual
assault, or stalking; and
``(III) methods of ascertaining and
keeping confidential information about
possible experiences of sexual and
other harassment, domestic violence,
sexual assault, or stalking;
``(iii) ensure that, if a State has elected
to establish and enforce standards and
procedures regarding the screening for, and
identification of, domestic violence pursuant
to paragraph (7)--
``(I) applicants for assistance
under the State program funded under
this part and individuals inquiring
about such assistance are adequately
notified of options available under
such standards and procedures; and
``(II) case workers and other
agency personnel responsible for
administering the State program funded
under this part are provided with
adequate training regarding such
standards and procedures and options
available under such standards and
procedures; and
``(iv) ensure that the training required
under subparagraphs (B) and, if applicable,
(C)(ii) is provided through a training program
operated by an eligible entity.
``(B) Definitions.--For purposes of this
paragraph--
``(i) the terms `domestic violence',
`sexual assault', and `stalking' have the
meanings given such terms in section 40002 of
the Violence Against Women Act of 1994;
``(ii) the term `sexual and other
harassment' has the meaning given such term
under State law, regulation, or policy; and
``(iii) the term `survivor of domestic
violence, sexual assault, or stalking' means--
``(I) a person who has experienced
or is experiencing domestic violence,
sexual assault, or stalking; and
``(II) a person whose family or
household member has experienced or is
experiencing domestic violence, sexual
assault, or stalking.''.
(c) Sexual and Other Harassment, Domestic Violence, Sexual Assault,
or Stalking Training Grant Program.--
(1) Grants authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award--
(A) a grant to a national victim service provider
in order for such organization to--
(i) develop and disseminate a model
training program (and related materials) for
the training required under section
303(a)(4)(B) of the Social Security Act, as
added by subsection (b), and under subparagraph
(B) and, if applicable, subparagraph (C)(ii) of
section 402(a)(8) of such Act, as added by
subsection (c); and
(ii) provide technical assistance with
respect to such model training program,
including technical assistance to the temporary
assistance for needy families program and
unemployment compensation personnel; and
(B) grants to State, Tribal, or local agencies in
order for such agencies to contract with eligible
entities to provide State, Tribal, or local caseworkers
and other State, Tribal, or local agency personnel
responsible for administering the temporary assistance
for needy families program established under part A of
title IV of the Social Security Act in a State or
Indian reservation with the training required under
subparagraph (B) and, if applicable, subparagraph
(C)(ii) of such section 402(a)(8).
(2) Eligible entity defined.--For purposes of paragraph
(1)(B), the term ``eligible entity'' means an entity--
(A) that is--
(i) a State or Tribal domestic violence
coalition or sexual assault coalition;
(ii) a State or local victim service
provider with recognized expertise in the
dynamics of domestic 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 domestic violence program; or
(iii) an organization with demonstrated
expertise in State or county welfare laws and
implementation of such laws and experience with
disseminating information on such laws and
implementation, but only if such organization
will provide the required training in
partnership with an entity described in clause
(i) or (ii); and
(B) that--
(i) has demonstrated expertise in the
dynamics of both domestic violence and sexual
assault, such as a joint domestic violence and
sexual assault coalition; or
(ii) will provide the required training in
partnership with an entity described in clause
(i) or (ii) of subparagraph (A) in order to
comply with the dual domestic violence and
sexual assault expertise requirement under
clause (i).
(3) Application.--An entity seeking a grant under this
subsection shall submit an application to the Secretary at such
time, in such form and manner, and containing such information
as the Secretary specifies.
(4) Reports.--
(A) Reports to congress.--Not later than a year
after the date of the enactment of this Act, and
annually thereafter, the Secretary shall submit to
Congress a report on the grant program established
under this subsection.
(B) Reports available to public.--The Secretary
shall establish procedures for the dissemination to the
public of each report submitted under subparagraph (A).
Such procedures shall include the use of the internet
to disseminate such reports.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated--
(i) $1,000,000 for fiscal year 2021 to
carry out the provisions of paragraph (1)(A);
and
(ii) $12,000,000 for each of fiscal years
2021 through 2025 to carry out the provisions
of paragraph (1)(B).
(B) Three-year availability of grant funds.--Each
recipient of a grant under this subsection shall return
to the Secretary any unused portion of such grant not
later than 3 years after the date the grant was
awarded, together with any earnings on such unused
portion.
(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).
(d) Effect on Existing Laws, etc.--
(1) More protective laws, agreements, programs, and
plans.--Nothing in this title shall be construed to supersede
any provision of any Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
survivors of sexual and other harassment, domestic violence,
sexual assault, or stalking than the rights established under
this title.
(2) Less protective laws, agreements, programs, and
plans.--Any law, collective bargaining agreement, or employment
benefits program or plan of a State or unit of local government
is preempted to the extent that such law, agreement, or program
or plan would impair the exercise of any right established
under this title or the amendments made by this title.
(e) Effective Date.--
(1) Unemployment amendments.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), the amendments made by this
section shall apply in the case of compensation paid
for weeks beginning on or after the expiration of the
180-day period beginning on the date of enactment of
this Act.
(B) Extension of effective date for state law
amendment.--
(i) In general.--Except as provided in
paragraph (2), in a case in which the Secretary
of Labor identifies a State as requiring a
change to its statutes, regulations, or
policies in order to comply with the amendments
made by this section, such amendments shall
apply in the case of compensation paid for
weeks beginning after the earlier of--
(I) the date the State changes its
statutes, regulations, or policies in
order to comply with such amendments;
or
(II) the end of the first session
of the State legislature which begins
after the date of enactment of this Act
or which began prior to such date and
remained in session for at least 25
calendar days after such date, except
that in no case shall such amendments
apply before the date that is 180 days
after the date of enactment of this
Act.
(ii) Session defined.--In this
subparagraph, the term ``session'' means a
regular, special, budget, or other session of a
State legislature.
(2) TANF amendment.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by subsection (c) shall take
effect on the date of enactment 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
action (including legislation, regulation, or other
administrative action) in order for the plan to meet
the additional requirements imposed by the amendment
made by subsection (c), the State plan shall not be
regarded as failing to comply with the requirements of
such amendment 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 enactment 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.
(f) Definitions.--In this section, the terms ``domestic violence'',
``sexual assault'', ``stalking'', ``survivor of domestic violence,
sexual assault, or stalking'', and ``victim service provider'' have the
meanings given such terms in section 3304(g) of the Internal Revenue
Code of 1986.
SEC. 704. STUDY AND REPORTS ON BARRIERS TO SURVIVORS' 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 as a result of issues related to domestic
violence, dating violence, sexual assault, or stalking.
(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 consultation 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 violence, dating violence, sexual
assault, or stalking to exercise--
(A) any rights under this Act without compromising
personal safety or the safety of others, including
family members and excluding the abuser; and
(B) other components of economic security,
including financial empowerment, affordable housing,
transportation, healthcare access, 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;
(3) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act without compromising personal safety or the
safety of others, including family members;
(4) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement 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; and
(5) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues
related to domestic violence, dating violence, sexual assault,
or stalking.
SEC. 705. GAO STUDY.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to 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, dating violence,
sexual assault, or stalking on a borrower's ability to repay
their Federal student loans.
(2) The adequacy of policies and procedures regarding
Federal student loan deferment, forbearance, and grace periods
when a survivor has to suspend or terminate the survivor's
enrollment at an institution of higher education due to
domestic violence, 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 education due to domestic violence,
dating violence, sexual assault, or stalking.
(4) The availability or any options for a survivor of
domestic violence, dating violence, sexual assault, or stalking
who attended an institution of higher education that committed
unfair, deceptive, or abusive acts or practices, or otherwise
substantially 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 domestic
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 (through the
Director of the Centers for Disease Control and Prevention and
the grant recipient 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) and the Attorney General (through the Principal
Deputy Director of the Office on Violence Against Women), 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 education 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.
(2) Dissemination.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services and the
Attorney General, as described in paragraph (1), may
disseminate information through the public outreach and
education campaign on the resources and rights referred to in
this subsection directly or through arrangements with health
agencies, professional and nonprofit organizations, consumer
groups, labor organizations, institutions of higher education,
clinics, the media, and Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (2) shall include, at a minimum, 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
Violence Against Women Act of 1994 (34 U.S.C.
12291 et seq.);
(B) guidelines and best practices on prevention of
domestic violence, dating violence, stalking, and
sexual assault;
(C) resources that promote healthy relationships
and communication skills;
(D) resources that encourage bystander intervention
in a situation involving domestic violence, dating
violence, stalking, or sexual assault;
(E) resources that promote workplace policies that
support and help maintain the economic security of
survivors of domestic violence, dating violence, sexual
assault, or stalking, including 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) determine are
appropriate to include.
(4) Common languages.--The Secretary of Labor shall ensure
that the information disseminated 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 public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, 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 commerce 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 relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (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 section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(c) Study on Workplace Responses.--The Secretary 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
stalking while employed, in each State and nationally, to improve 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 2021 through 2025.
SEC. 707. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, 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 shall not be affected.
TITLE VIII--HOMICIDE REDUCTION INITIATIVES
SEC. 801. PROHIBITING PERSONS CONVICTED OF MISDEMEANOR CRIMES AGAINST
DATING PARTNERS AND PERSONS SUBJECT TO PROTECTION ORDERS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32), by striking all that follows after
``The term `intimate partner''' and inserting the following:
``--
``(A) means, with respect to a person, the spouse
of the person, a former spouse of the person, an
individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with
the person; and
``(B) includes--
``(i) a dating partner or former dating
partner (as defined in section 2266); and
``(ii) any other person similarly situated
to a spouse who is protected by the domestic or
family violence laws of the State or tribal
jurisdiction in which the injury occurred or
where the victim resides.'';
(2) in paragraph (33)(A)--
(A) in clause (i), by inserting after ``Federal,
State,'' the following: ``municipal,''; and
(B) in clause (ii), by inserting ``dating partner
(as defined in section 2266),'' after ``spouse,'' each
place it appears;
(3) by redesignating paragraphs (34) and (35) as paragraphs
(35) and (36) respectively; and
(4) by inserting after paragraph (33) the following:
``(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 person;
or
``(dd) a spouse or intimate partner of that
person; or
``(II) causes, attempts to cause, or would
reasonably be expected to cause emotional distress to a
person described in item (aa), (bb), (cc), or (dd) of
subclause (I).
``(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 intelligently
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
jurisdiction 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.''.
SEC. 802. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT 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 restrains
such person'' and all that follows, and inserting
``described in subsection (g)(8);'';
(B) in paragraph (9), by striking the period 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 person
received actual notice, and at which such
person had an opportunity to participate; or
``(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
reasonable 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 threatening
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 witness
from testifying in court; and
``(C) that--
``(i) includes a finding that such person
represents a credible threat to the physical
safety of such individual described in
subparagraph (B); or
``(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
injury;'';
(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 PURPOSE.
(a) Findings.--Congress finds that--
(1) American Indians and Alaska Natives are--
(A) 2.5 times more likely to experience a violent
crime; and
(B) at least 2 times more likely to experience a
rape or sexual assault crime;
(2) 84.3 percent of American Indian and Alaska Native women
have experienced violence in their lifetimes;
(3) according to the report of the Indian Law and Order
Commission under section 15(f) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2812(f)), Alaska Native women are
overrepresented in the domestic violence victim population by
250 percent;
(4) the vast majority of American Indian and Alaska Native
victims, 96 percent of female victims and 89 percent of male
victims, report being victimized by a non-Indian;
(5) Indian Tribes exercising special domestic violence
criminal jurisdiction over non-Indians restored in the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4;
127 Stat. 54) have reported significant successes holding
violent offenders accountable for crimes of domestic violence,
dating violence, and civil protection order violations;
(6) Tribal prosecutors for Indian Tribes exercising special
domestic violence criminal jurisdiction report that the
majority of domestic violence cases involve children as either
witnesses or victims;
(7) the Department of Justice reports that American Indian
and Alaska Native children suffer exposure to violence at 1 of
the highest rates in the United States;
(8) childhood exposure to violence has immediate and long-
term effects, including--
(A) increased rates of altered neurological
development;
(B) poor physical and mental health;
(C) poor school performance;
(D) substance abuse; and
(E) overrepresentation in the juvenile justice
system;
(9) according to the Centers for Disease Control and
Prevention, homicide is--
(A) the third leading cause of death among American
Indian and Alaska Native women between the ages of 10
and 24; and
(B) the fifth leading cause of death for American
Indian and Alaska Native women between the ages of 25
and 34;
(10) on some reservations, Indian women are murdered at
rates of more than 10 times the national average;
(11) according to the 2017 report by the Department of
Justice entitled ``Indian Country Investigations and
Prosecutions'', 66 percent of criminal prosecutions for crimes
in Indian country that United States attorneys declined to
prosecute involved assault, murder, and sexual assault;
(12) 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) interjurisdictional and interagency
cooperation; and
(C) appropriate laws in effect;
(13) domestic violence calls are among the most dangerous
calls that law enforcement receives;
(14) the complicated jurisdictional scheme that exists in
Indian country--
(A) requires a high degree of commitment and
cooperation among Tribal, Federal, and State law
enforcement officials;
(B) impacts public safety in Indian communities;
and
(C) according to Tribal justice officials, has been
increasingly exploited by criminals;
(15) restoring and enhancing local and Tribal capacity to
address violence against women provides for greater local
control, safety, accountability, and transparency; and
(16) Indian Tribes with restrictive settlement Acts and
Indian Tribes located in States with authority under the
amendments made by the Act of August 15, 1953 (67 Stat. 590,
chapter 506), such as Indian Tribes located in the States of
Maine and Alaska, face unique public safety challenges.
(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 violence, stalking,
trafficking, sexual violence, crimes against children, and
assault against Tribal law enforcement officers;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies;
(3) to empower Indian Tribes and Native communities,
including urban Indian communities, with the resources and
information necessary to effectively respond to cases of
domestic violence, dating violence, stalking, sex trafficking,
sexual violence, and missing and murdered Indians; and
(4) to increase--
(A) the collection of law enforcement data,
especially data relating to missing Indians and
murdered Indians; and
(B) the sharing of information among Federal,
State, and Tribal officials responsible for responding
to, and investigating, crimes impacting Indian tribes
and Native communities, including urban Indian
communities, especially crimes relating to cases of
missing and murdered Indians.
SEC. 902. AUTHORIZATION FOR TRIBAL ACCESS PROGRAM.
(a) Access to National Crime Information Databases by Tribes.--
Section 233(b) of the Tribal Law and Order Act of 2010 (34 U.S.C.
41107) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The Attorney General shall ensure that--
``(A) tribal law enforcement officials that meet
applicable Federal or State requirements shall be
permitted access to national crime information
databases;
``(B) technical assistance and training is provided
to Bureau of Indian Affairs and tribal law enforcement
agencies to gain access to, and the ability to use and
input information into, the National Crime Information
Center and other national crime information databases
pursuant to section 534 of title 28, United States
Code; and
``(C) as appropriate, tribal law enforcement
agencies and tribal justice systems are assigned
appropriate credentials or ORI numbers for uniform
crime reporting purposes.''; and
(2) in paragraph (3), by striking ``with criminal
jurisdiction over Indian country''.
(b) Acquisition, Preservation, and Exchange of Identification
Records and Information.--Section 534(d) of title 28, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(2) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The Attorney General'' and
inserting the following:
``(1) In general.--The Attorney General''; and
(3) by adding at the end the following:
``(2) Tribal access program.--
``(A) In general.--The Attorney General shall
establish a program, to be known as the `Tribal Access
Program', to enhance the ability of tribal governments
to access, enter information into, and obtain
information from Federal criminal information databases
under this section.
``(B) Authorization of appropriations.--
``(i) In general.--There is authorized to
be appropriated to carry out the Tribal Access
Program under subparagraph (A)--
``(I) $5,000,000 for each of fiscal
years 2021 through 2022, to remain
available until expended; and
``(II) $7,000,000 for each fiscal
years 2023 through 2025, to remain
available until expended.
``(ii) Additional funding.--
``(I) In general.--The Attorney
General may use to carry out the Tribal
Access Program under subparagraph (A)
any balances remaining for amounts
appropriated under the heading
`violence against women prevention and
prosecution programs' under the heading
`State and Local Law Enforcement
Activities Office on Violence Against
Women Prevention and Prosecution
Programs' of the Department of Justice.
``(II) Transfer.--The Attorney
General may transfer any amount
described in subclause (I) to any
Department of Justice account as needed
to support the Tribal Access Program.
``(3) Information sharing.--To the extent otherwise
permitted by law, any report issued as a result of the analysis
of information entered into Federal criminal information
databases or obtained from Federal criminal databases shall be
shared with each Indian tribe of jurisdiction, including Indian
tribes located in the State of Maine.''.
(c) Identification Records.--The second paragraph of the matter
under the heading ``salaries and expenses'' under the heading ``Federal
Bureau of Investigation'' of the Department of Justice Appropriation
Act, 1973 (title II of Public Law 92-544; 86 Stat. 115) is amended--
(1) by inserting ``or Tribal'' after ``if authorized by
State''; and
(2) ``, Tribal,'' before ``and local governments''.
SEC. 903. TRIBAL JURISDICTION OVER COVERED CRIMES.
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 section heading--
(A) by striking ``of domestic violence''; and
(B) by inserting ``covered'' before ``crimes'';
(2) in subsection (a)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (1), (3), (4), (5),
(6), and (7) as paragraphs (6), (8), (10), (11), (14),
and (15), respectively; and
(C) by inserting before paragraph (6) (as so
redesignated) the following:
``(1) Assault of tribal justice personnel.--The term
`assault of tribal justice personnel' 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, attempted, or actual harmful or
offensive touching of a law enforcement officer, a correctional
officer, or an individual authorized to act for or on behalf of
an Indian tribe or serving an Indian tribe, who is authorized
under law to and engaging in the prevention, detection,
investigation, arrest, pretrial detention, prosecution, or
adjudication of an offense or the sentencing, including the
probation, parole, incarceration, or rehabilitation, of an
individual.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; and
``(B) except in the case of sexual abuse, the age
specified by the child protection law of the Indian
tribe that has jurisdiction over the Indian country
where the child resides.
``(3) Child violence.--The term `child violence' means the
use, threatened use, or attempted use of violence against a
child proscribed by the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the violation
occurs.
``(4) Coercion; commercial sex act.--The terms `coercion'
and `commercial sex act' have the meanings given the terms in
section 1591(e) of title 18, United States Code.
``(5) Covered crime.--The term `covered crime' means--
``(A) assault of tribal justice personnel;
``(B) child violence;
``(C) dating violence;
``(D) domestic violence;
``(E) obstruction of justice;
``(F) sexual violence;
``(G) sex trafficking;
``(H) stalking; and
``(I) a violation of a protection order.'';
(D) in paragraph (6) (as so redesignated), by
striking ``violence committed'' and inserting ``the
use, threatened use, or attempted use of violence that
is committed'';
(E) by inserting after paragraph (6) (as so
redesignated) the following:
``(7) Domestic violence.--The term `domestic violence'
means the use, threatened use, or attempted use of violence
that is--
``(A) proscribed by the Indian tribe that has
jurisdiction over the Indian country where the
violation occurs; and
``(B) committed by--
``(i) a current or former spouse or
intimate partner of the victim;
``(ii) a person with whom the victim shares
a child in common;
``(iii) a person who is cohabitating with
or has cohabitated with the victim as a spouse
or intimate partner;
``(iv) a person similarly situated to a
spouse of the victim under the domestic- or
family- violence laws of the Indian tribe that
has jurisdiction over the Indian country where
the violation occurs; or
``(v) a person against an adult or child
victim who is protected from the acts of that
person under the domestic- or family-violence
laws of the Indian tribe that has jurisdiction
over the Indian country where the violation
occurs.'';
(F) by inserting after paragraph (8) (as so
redesignated) the following:
``(9) Obstruction of justice.--The term `obstruction of
justice' means any violation--
``(A) of the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the
violation occurs; and
``(B) that involves interfering with the
administration or due process of the laws of the Indian
tribe, including any tribal criminal proceeding or
investigation of a crime.'';
(G) in paragraph (10) (as so redesignated), by
striking ``domestic violence'' and inserting
``tribal'';
(H) by inserting after paragraph (11) (as so
redesignated) the following:
``(12) Sex trafficking.--The term `sex trafficking' means
conduct--
``(A) consisting of--
``(i) recruiting, enticing, harboring,
transporting, providing, obtaining,
advertising, maintaining, patronizing, or
soliciting by any means a person; or
``(ii) benefitting, financially or by
receiving anything of value, from participation
in a venture that has engaged in an act
described in clause (i); and
``(B) carried out with the knowledge, or, except if
the act constituting the violation of subparagraph
(A)(i) is advertising, in reckless disregard of the
fact, that--
``(i) means of force, threats of force,
fraud, coercion, or any combination of such
means will be used to cause the person to
engage in a commercial 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.
``(13) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act of contact 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.'';
(I) in paragraph (14) (as so redesignated)--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal''; and
(J) by adding at the end the following:
``(16) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person proscribed by
the criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that would cause
a reasonable person--
``(A) to fear for the safety of the person or the
safety of others; or
``(B) to suffer substantial emotional distress.
``(17) Violation of a protection order.--The term
`violation of a protection order' means an act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates a provision of a protection order
that--
``(i) prohibits or provides protection
against violent or threatening acts or
harassment against, sexual violence against,
contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place
the term appears and inserting ``tribal'';
(B) in paragraph (1), by inserting ``, including
any participating tribe in the State of Maine,'' before
``include''; and
(C) in paragraph (4)--
(i) in subparagraph (A)(i), by inserting
``, other than obstruction of justice or
assault of tribal justice personnel,'' after
``offense''; and
(ii) 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 ``; or''; and
(III) by adding at the end the
following:
``(iv) is being prosecuted for a covered
crime.'';
(4) by striking subsection (c) and inserting the following:
``(c) Criminal Conduct.--A participating tribe may exercise special
tribal criminal jurisdiction over a defendant for a covered crime that
occurs in the Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place the term appears and inserting ``tribal''; and
(6) by striking subsections (f) through (h) and inserting
the following:
``(f) Alaska Special Tribal Criminal Jurisdiction Pilot Program.--
``(1) Definition of native village.--In this subsection:
``(A) Native village.--The term `Native village'
has the meaning given the term in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
``(B) Village area.--The term `village area' means
the Alaska Native Village Statistical Area covering all
or any portion of a Native village.
``(2) Establishment.--The Attorney General shall establish
a pilot program for Native villages in Alaska to exercise
special tribal criminal jurisdiction in village areas.
``(3) Requirement.--The Attorney General shall model the
pilot program established under paragraph (2) on the special
tribal criminal jurisdiction established under this section.
``(4) Selection of participating tribes.--The Attorney
General shall ensure that Native villages selected to
participate in the pilot program established under paragraph
(2)--
``(A) are predominantly composed of Indians;
``(B) lack a permanent State law enforcement
presence; and
``(C) meet such other criteria as the Attorney
General considers appropriate to carry out the purposes
of this subsection.
``(g) Grants and Reimbursement to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General may
reimburse governments of Indian tribes (or authorized
designees of those governments) for expenses incurred
in exercising special tribal criminal jurisdiction.
``(B) Eligible expenses.--Eligible expenses 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 relating to indigent
defense services; and
``(iii) costs associated with probation and
rehabilitation services.
``(C) Regulations.--Not later than 1 year after the
date of enactment of this subparagraph, the Attorney
General shall, after consultation with Indian tribes,
promulgate regulations to carry out this paragraph that
set the maximum allowable reimbursements under this
paragraph.
``(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--
``(i) law enforcement, including the
capacity of law enforcement, court personnel,
or other non-law enforcement entities that have
no Federal or State arrest authority but have
been designated by an Indian tribe as
responsible for maintaining public safety
within its territorial jurisdiction, to enter
information into and obtain information from
national crime information databases;
``(ii) prosecution;
``(iii) trial and appellate courts,
including facilities construction;
``(iv) probation systems;
``(v) detention and correctional
facilities, including facilities construction;
``(vi) alternative rehabilitation centers;
``(vii) culturally appropriate services and
assistance for victims and their families; and
``(viii) criminal codes and rules of
criminal procedure, appellate procedure, and
evidence;
``(B) to provide indigent criminal defendants with
the effective assistance of licensed defense counsel,
at no cost to the defendant, in criminal proceedings in
which a participating tribe prosecutes covered crimes;
``(C) to ensure that, in criminal proceedings in
which a participating tribe exercises special tribal
criminal jurisdiction, jurors are summoned, selected,
and instructed in a manner consistent with all
applicable requirements; and
``(D) to accord victims of covered crimes rights
that are similar to the rights of a crime victim
described in section 3771(a) of title 18, United States
Code, consistent with tribal law and custom.
``(h) Supplement, Not Supplant.--Amounts made available under
subsection (g)(2) shall supplement and not supplant any other Federal,
State, tribal, or local government amounts made available to carry out
activities described in this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 for each of fiscal years 2021 through 2025 to
carry out subsections (f) and (g) and to provide training, technical
assistance, data collection, and evaluation of the criminal justice
systems of participating tribes.
``(j) Use of Funds.--Of the funds appropriated under this section
for each fiscal year--
``(1) not less than 25 percent shall be used for the
purposes described in subsection (g)(1); and
``(2) not less than 25 percent shall be used for the
purposes described in subsection (g)(2).''.
SEC. 904. REPORTS.
(a) Definitions.--In this section:
(1) Covered database.--The term ``covered database''
means--
(A) the database of the National Crime Information
Center;
(B) the Combined DNA Index System;
(C) the Next Generation Identification System; and
(D) any other database or system of a law
enforcement agency under which a report of a missing
Indian or murdered Indian may be submitted, including--
(i) the Violent Criminal Apprehension
Program; and
(ii) the National Missing and Unidentified
Persons System.
(2) Death investigation.--The term ``death investigation''
has the meaning determined by the Attorney General.
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 3 of the Native American
Business Development, Trade Promotion, and Tourism Act of 2000
(25 U.S.C. 4302).
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Missing.--The term ``missing'' has the meaning
determined by the Attorney General.
(7) Notification system.--The term ``notification system''
means--
(A) the Criminal Justice Information Network;
(B) the AMBER Alert communications network
established under subtitle A of title III of the
PROTECT Act (34 U.S.C. 20501 et seq.); and
(C) any other system or public notification system
that relates to a report of a missing or murdered
Indian, including any Federal, State, local, or Tribal
notification system.
(8) Sexual assault.--The term ``sexual assault'' has the
meaning determined by the Attorney General.
(9) Special case of interest to indian tribes.--The term
``special case of interest to Indian tribes'' means a case
involving--
(A) a missing Indian;
(B) a missing person whose last known location is
believed to be on, in, or near Indian lands;
(C) death investigation of an Indian;
(D) death investigation of a person found on, in,
or near Indian lands;
(E) sexual assault of an Indian; or
(F) sexual assault on, in, or near Indian lands.
(b) Annual Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year after
the date of enactment of this Act, and annually thereafter, the
Attorney General shall include in the annual report submitted
to Congress under section 10(b) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2809(b))--
(A) a summary of known statistics relating to
special cases of interest to Indian tribes investigated
by the law enforcement agencies of the Department of
Justice or reported in the National Missing and
Unidentified Persons System; and
(B) recommendations regarding methods to improve
collection of the data relating to special cases of
interest to Indian tribes.
(2) Requirements.--
(A) Privacy.--To the maximum extent practicable,
the information submitted under paragraph (1) shall
maintain victim privacy by excluding information that
can be used, together with the information alone or in
conjunction with other information--
(i) to identify, contact, or locate an
individual; or
(ii) to identify an individual in context.
(B) Variations and trends.--The Attorney General
shall ensure that the statistics described in paragraph
(1)(A) reflect variations and trends in--
(i) age;
(ii) gender;
(iii) Tribal enrollment and affiliation, if
available; and
(iv) any other variation or trend that the
Attorney General determines to be appropriate.
(c) Government Accountability Office Report.--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 Indian Affairs
and the Committee on the Judiciary of the Senate and the Committee on
the Judiciary and the Committee on Natural Resources of the House of
Representatives a comprehensive report that includes--
(1) a review of--
(A) Federal, State, local, and Tribal law
enforcement agency jurisdiction, including--
(i) the facts that determine which law
enforcement agency has jurisdiction over a
case; and
(ii) interjurisdictional coordination best
practices;
(B) the response policies and procedures with
respect to a report of a missing Indian or murdered
Indian of--
(i) the Federal Bureau of Investigation;
(ii) the Bureau of Indian Affairs; and
(iii) any other Federal law enforcement
agency responsible for responding to, or
investigating, a report of a missing Indian or
murdered Indian;
(C) the covered databases relating to special cases
of interest to Indian tribes;
(D) the requirements for reporting information that
is specific to special cases of interest to Indian
tribes in covered databases;
(E) the impact that staffing levels may have on the
effectiveness of the response of law enforcement to
special cases of interest to Indian tribes; and
(F) notification systems relating to special cases
of interest to Indian tribes, including notification
systems used to alert--
(i) other law enforcement agencies; and
(ii) the public; and
(2) recommendations for improving--
(A) the policies of the Federal Bureau of
Investigation, the Bureau of Indian Affairs, and other
Federal law enforcement agencies for investigating and
reporting missing Indians and murdered Indians;
(B) coordination in response to special cases of
interest to Indian tribes between and among--
(i) Federal law enforcement agencies; and
(ii)(I) other Federal law enforcement
agencies; and
(II) State, local, and Tribal law
enforcement agencies;
(C) Tribal access to covered databases; and
(D) technical assistance to Indian tribes for
covered database access and use.
(d) Inclusion of Gender in Missing and Unidentified Persons
Statistics.--Beginning in the first calendar year beginning after the
date of enactment of this Act, and annually thereafter, the Federal
Bureau of Investigation shall include gender in the annual statistics
relating to missing and unidentified persons published on the public
website of the Federal Bureau of Investigation.
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--
(1) in subsection (a), by striking ``a Violence Against
Women Office'' and inserting ``an Office on Violence Against
Women'';
(2) in subsection (b), by inserting after ``within the
Department of Justice'' the following: ``, not subsumed by any
other office'';
(3) in subsection (c)(2), by striking ``Violence Against
Women Act of 1994 (title VI of Public Law 103-322) and the
Violence Against Women Act of 2000 (division B of Public Law
106-386)'' and inserting ``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 (title IX of 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
Reauthorization Act of 2019''.
(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 referred to as the `Director') to
be responsible, under the general authority of the Attorney General,
for the administration, coordination, and implementation of the
programs 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 agreement 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 (title IX of 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 Reauthorization Act of 2019.
``(c) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director during the
vacancy.
``(d) Compensation.--The Director shall be compensated at a rate of
pay not to exceed the rate payable 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 relating 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 commissions addressing policy or
issues relating to violence against women.
``(4) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to violence against women in international
fora, including, but not limited to, the United Nations.
``(5) Carrying out the functions of the Department 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 (title IX
of 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 Reauthorization Act of
2019, 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, coordination, and
support to--
``(A) other components of the Department of
Justice, in efforts to develop policy and to 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 tribal
agencies, in efforts to develop policy, provide
technical assistance, synchronize Federal definitions
and protocols, and improve coordination among agencies
carrying out efforts to eliminate violence against
women, including Indian or indigenous women; and
``(C) grantees, in efforts to combat violence
against women and to provide support and assistance to
victims of such violence.
``(7) Exercising such other powers and functions as may be
vested in the Director pursuant to this subchapter or by
delegation of the Attorney General.
``(8) Establishing such rules, regulations, guidelines, 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
amended in the heading, by striking ``violence against women office''
and inserting ``office on violence 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
Office'' and inserting ``the Office on Violence Against Women''.
TITLE XI--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
SEC. 1101. IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND
OTHER INDIVIDUALS IN FEDERAL PRISONS.
(a) Short Title.--This section may be cited as the ``Ramona Brant
Improvement of Conditions for Women in Federal Custody Act''.
(b) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
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 correctional institution,
including a vulnerable person; and
``(7) the term `vulnerable person' means an individual
who--
``(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 illness 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 victim of gender-based
violence--
``(i) by any court or administrative
judicial 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 Director shall
establish within the Bureau of Prisons an office that
determines the placement of prisoners.
``(2) Placement of prisoners.--In determining the placement
of a prisoner, the office established 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, consider on a case-by-case basis whether a
placement would ensure the prisoner's health and
safety, including serious consideration of the
prisoner's own views with respect to their safety, and
whether the placement would present management or
security problems; and
``(C) consider any other factor that the office
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 prisoner who is pregnant or in
post-partum recovery in a segregated housing unit unless the
prisoner presents an immediate risk of harm to the prisoner or
others.
``(2) Restrictions.--Any placement of a prisoner described
in subparagraph (A) in a segregated housing unit shall be
limited and temporary.
``(d) Parenting Classes.--The Director shall provide 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.
``(e) Trauma Screening.--The Director shall provide training,
including cultural competency training, to each correctional officer
and each employee of the Bureau of Prisons who regularly interacts with
prisoners, including each instructor and health care professional, to
enable those correctional officers and employees to--
``(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.
``(f) 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 shampoo, toothpaste, toothbrushes,
and any other hygienic product that the Director determines
appropriate, available without charge to prisoners.
``(3) Gynecologist access.--The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
``(g) Use of Sex-Appropriate Correctional Officers.--
``(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
``(ii) the prisoner has previously
requested 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 presents a
risk of immediate harm to themselves or others;
or
``(ii) there is a medical emergency in the
restroom and no other correctional officer of
the appropriate sex is available to assist;
``(C) a transgender prisoner's sex is determined
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 requirements under the Prison
Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''.
(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
defined in section 4051) or pregnant from participating 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 Prisons.''.
(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 the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report 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 following:
``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 incarceration 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 to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment 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 resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-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 system and
ensure that the Department can continue to run prison nurseries
safely and securely without compromising the scope or quality
of the Department's critical health, safety and law enforcement
missions.
(d) Duties of the Director of Bureau of Prisons.--
(1) In general.--The Director shall carry out this section
in consultation with--
(A) a licensed and board-certified gynecologist or
obstetrician;
(B) the Director of the Administrative Office 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 assessment
system particular to the health and sensitivities of
federally incarcerated pregnant women and mothers in
accordance with this subsection;
(B) develop recommendations regarding recidivism
reduction programs and productive activities 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 sensitivities 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 recidivism, individual
needs, and responsiveness to recidivism
reduction programs;
(iii) the most effective and efficient uses
of such tools in conjunction with recidivism
reduction programs, productive activities,
incentives, and rewards; and
(iv) which recidivism reduction programs
are the most effective--
(I) for federally incarcerated
pregnant women and mothers classified
at different recidivism risk levels;
and
(II) for addressing the specific
needs of federally incarcerated
pregnant women and mothers;
(D) on a biennial basis, review the system
developed under subparagraph (A) and the
recommendations developed under subparagraph (B), using
the research conducted under subparagraph (C), to
determine whether any revisions or updates should be
made, and if so, make such revisions or updates;
(E) hold periodic meetings with the individuals
listed in paragraph (1) at intervals to be determined
by the Director;
(F) develop tools to communicate parenting program
availability and eligibility criteria 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 Prisons facility understands the resources
available 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 empirical evidence.
(e) Eligibility.--An inmate may apply to participate 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 promote bonding during the critical
stages of child development, an eligible inmate selected for
the Program may participate in the Program, subject to
subsection (g), until the earliest of--
(A) the date that the inmate's term of imprisonment
terminates;
(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 subsection (d)(1); or
(C) 30 months.
(2) Inmate requirements.--For the duration of an inmate's
participation in the Program, the inmate 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 counseling
opportunities established by the Director, including
topics such as child development, parenting skills,
domestic violence, vocational training, 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 infant of the
participating inmate from any person or governmental
entity; and
(E) specify a person who has agreed to take at
least temporary custody of the child if the inmate's
participation in the Program terminates 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 contains a detailed statement of
the Director's findings and conclusions, including
recommendations for legislation, 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 2021 through 2025.
SEC. 1103. RESEARCH AND REPORT ON WOMEN IN FEDERAL 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, including
sexual orientation and gender identity;
(C) responses by such women to questions about the
extent of exposure to sexual victimization, sexual
violence and domestic violence (both inside and outside
of incarceration);
(D) the number of such women were pregnant at the
time that they entered incarceration;
(E) the number of such women who have children age
18 or under, and if so, how many; and
(F) the crimes for which such women are
incarcerated and the length of their sentence.
(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 access to and provision of
healthcare);
(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 INCARCERATED 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 gender responsive transition for incarcerated
women, including 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) and in the victim service provider community
(including 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 coordinators and
responsive planning for the needs of re-entering women with
respect to--
(A) housing, including risk of homelessness;
(B) previous exposure to and risk for domestic and
sexual violence; and
(C) the need for parenting classes, assistance
securing childcare, or assistance in seeking or
securing jobs that afford flexibility (as might be
necessary in the re-entry, parenting or other
contexts).
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.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended by adding at the end the
following:
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OF A FIREARM.
``(a) In General.--In the case of a background check conducted by
the National Instant Criminal Background Check System pursuant to the
request of a licensed 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 determines 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
licensee contacted the System and a firearm has been transferred to
that person, the System shall notify the law enforcement 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
jurisdiction over the location of the residence of the person for which
the background check was conducted, as follows:
``(1) The field office of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
``(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.''.
SEC. 1202. REPORTING OF BACKGROUND CHECK DENIALS TO STATE, LOCAL, AND
TRIBAL AUTHORITIES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 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 authorities 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;
``(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 described 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 subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that originally issued the notice with
respect to the person.''.
(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 authorities.''.
SEC. 1203. SPECIAL ASSISTANT UNITED STATES 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:
``Sec. 925C. Special assistant United States attorneys and cross-
deputized attorneys
``(a) In General.--In order to improve the enforcement of
paragraphs (8), (9), and (10) of section 922(g), the Attorney General
may--
``(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 assistant United States attorneys for the
purpose of prosecuting violations of such paragraphs;
``(2) deputize State, tribal, territorial and local law
enforcement officers for the purpose of enhancing the capacity
of the agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives in responding to and investigating violations of
such paragraphs; and
``(3) establish, in order to receive and expedite requests
for assistance from State, tribal, territorial and local law
enforcement agencies responding to intimate partner violence
cases where such agencies 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 firearms 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 enforcement 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 attorney, that the attorney is a
licensed attorney in good standing with any relevant licensing
authority.''.
(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 United States attorneys and cross-deputized
attorneys.''
TITLE XIII--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Closing the Law Enforcement
Consent Loophole Act of 2019''.
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--
(1) in the section heading, by adding at the end the
following: ``or by any person acting under color of law'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(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 custody 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 section 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.''.
(b) Definition.--Section 2246 of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(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.''.
SEC. 1303. INCENTIVES FOR STATES.
(a) Authority To Make Grants.--The Attorney General is authorized
to make grants to States that have 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 individual 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 consent of the other
individual as a defense.
(b) Reporting Requirement.--A State that receives a grant under
this section shall submit to the Attorney General, on an annual basis,
information on--
(1) the number of reports made to law enforcement agencies
in that State regarding persons engaging 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 received under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control 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'').
(2) Section 41601 of the Violence Against Women Act of 1994
(34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault
Services Program'').
(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 subsection (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 permissible
uses of funds under the grant program described in paragraph
(1) of subsection (d); and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of subsection (d).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this chapter $5,000,000 for each of fiscal
years 2021 through 2025.
(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 Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin 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 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.
(b) Report by GAO.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, 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 Code.
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 ``2021 through 2025''.
SEC. 1402. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
``There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing victim/witness counselors 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 2021 through 2025.''.
SEC. 1403. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS REAUTHORIZATION.
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
``2021 through 2025''.
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 ``2021 through 2025''.
SEC. 1405. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
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
``2021 through 2025''.
SEC. 1406. RAPE KIT BACKLOG.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (34
U.S.C. 40701) is amended--
(1) in subsection (f)--
(A) in paragraph (1) by striking ``and'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) information on best practices for state and local
governments to reduce the backlog of DNA evidence''; and
(2) in subsection (j), by striking ``2015 through 2019''
and inserting ``2021 through 2025''.
SEC. 1407. 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 ``2015 through 2019'' and
inserting ``2021 through 2025''.
SEC. 1408. REVIEW ON LINK BETWEEN SUBSTANCE USE AND VICTIMS OF DOMESTIC
VIOLENCE DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Not later than 2 years 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
increases the likelihood of having a substance use disorder.
SEC. 1409. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO
COLLECT DATA ON SEXUAL VIOLENCE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall establish an
interagency working group (in this section referred to as the ``Working
Group'') to study Federal efforts to collect data on sexual violence
and to make recommendations on the harmonization of such efforts.
(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 Prevention.
(2) The Department of Education.
(3) The Department of Health and Human Services.
(4) The Department of Justice.
(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 accounted 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.
(5) Steps that agencies that compile reports relating 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 efforts to collect
data on sexual violence.
(3) Actions Federal agencies can take to implement the
recommendations described in paragraph (2).
(4) Recommendations for congressional action to implement
the recommendations described in paragraph (2).
(e) Termination.--The Working Group shall terminate 30 days after
the date on which the report is submitted pursuant to subsection (d).
(f) Definitions.--In this section:
(1) Harmonize.--The term ``harmonize'' includes efforts to
coordinate sexual violence data collection to produce
complementary information, as appropriate, without compromising
programmatic needs.
(2) Sexual violence.--The term ``sexual violence'' includes
an unwanted sexual act (including both contact and non-contact)
about which the Federal Government collects information.
TITLE XV--CYBERCRIME ENFORCEMENT
SEC. 1501. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT OF CYBERCRIMES.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award grants under this section to States and
units of local government for the prevention, enforcement, and
prosecution of 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 appropriated for a fiscal year, in such form as the
Attorney 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 Attorney 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).
(C) An assurance that, before the application (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
community members and to neighborhood or
community-based organizations, to the extent
applicable 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 information
(programmatic and financial) as the Attorney General
may reasonably require.
(E) A certification, made in a form acceptable 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 section;
(ii) all the information contained in the
application is correct;
(iii) there has been appropriate
coordination with affected agencies; and
(iv) the applicant will comply with all
provisions of this section and all other
applicable 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 described 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 section may only be
used for programs that provide--
(1) training for State or local law enforcement personnel
relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
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 technology
to assist in the investigation of cybercrimes against
individuals and enforcement 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,
investigate, prosecute, or adjudicate cybercrimes
against individuals;
(B) training such personnel to utilize laws that
prohibit cybercrimes against individuals;
(C) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology
to assist in the prosecution or adjudication of acts of
cybercrimes against individuals, including the use of
technology to protect victims of such crimes;
(3) training for State or local emergency dispatch
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology
to assist in the identification of and response 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 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 evidence, 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 conduct investigations and
forensic analysis of evidence in matters involving cybercrimes
against individuals, including expenses incurred in the
training, maintenance, 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 officers and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional
task forces; or
(9) assistance to State and local law enforcement and
prosecutors in processing interstate extradition 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 annually 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 during the
previous year with any grant received by such State or unit of
local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(e) Report to Congress.--Not later than November 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
compilation of the information contained in the report submitted 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
2021 through 2025.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(g) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means the
criminal offenses applicable in the relevant 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
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element of
such an offense; and
(B) such term does not include the use of a
computer to cause harm to a commercial entity,
government agency, or any non-natural persons.
(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 appropriations, 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 Resource Center on Cybercrimes Against Individuals to provide
resource information, training, and technical assistance to improve the
capacity of individuals, organizations, governmental entities, and
communities to prevent, enforce, 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 2021 in such form as the
Attorney General may require. Such application shall include the
following:
(1) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic 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 provisions
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 assistance 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 collect,
prepare, analyze, and disseminate information and statistics
related to--
(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
individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals
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 individuals.
(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 Attorney General determines
that the funds made available to the recipient were used in a
manner described in subsection (c), and if the recipient
resubmits 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 expertise in order to establish and
maintain the National Resource Center on Cybercrimes Against
Individuals in accordance 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 activities; and
(3) such other information as the Attorney General may
reasonably require.
(g) Report to Congress.--Not later than November 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
compilation of the information contained in the report submitted 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 2021 through 2025.
(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 entity'' means a
nonprofit private organization that focuses on cybercrimes
against individuals and that--
(A) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; 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. 1503. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON
CYBERCRIME.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals'' means a Federal, State, Tribal, or local
criminal offense that involves 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
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element 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.
(c) Classification of Cybercrimes Against Individuals for Purposes
of Crime Reports.--In accordance 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 subcategories for each type of
cybercrime against individuals that is an offense under Federal
or State law;
(3) classify the category established under paragraph (1)
as a Part I crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against individuals
that is an offense under Federal or State law as a Group A
offense for the purpose of the National 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.
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