[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2920 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 308
116th CONGRESS
1st Session
S. 2920
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2019
Ms. Ernst (for herself, Mr. Graham, Mr. Cornyn, Mrs. Capito, Mrs.
Blackburn, Mr. Cramer, Mr. Rubio, Mrs. Fischer, Mr. Sullivan, Mr.
Hoeven, and Mr. Perdue) introduced the following bill; which was read
the first time
November 21, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
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.
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. Grants to support families in the justice system.
Sec. 104. Outreach and services to underserved populations grants.
Sec. 105. Criminal provisions.
Sec. 106. Rape survivor child custody.
Sec. 107. Enhancing culturally specific services for victims of
domestic violence, dating violence, sexual
assault, and stalking.
Sec. 108. 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 women with
disabilities.
Sec. 204. Training and services to end abuse in later life.
Sec. 205. Abby Honold Act.
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 for children and youth (``Choose
Children & Youth'').
Sec. 303. Grants to combat violent crimes on campuses.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies (SMART) through
prevention grants.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE
Sec. 501. Strengthening the healthcare systems response.
TITLE VI--SAFE HOMES FOR VICTIMS
Subtitle A--HEALS Act
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Strengthening housing resources protections for survivors of
domestic violence, dating violence, sexual
assault, or stalking.
Sec. 604. Increasing access to safe shelter for survivors of domestic
violence, dating violence, sexual assault,
or stalking.
Sec. 605. Report to Congress.
Subtitle B--Housing Protections for Victims
Sec. 611. Housing rights.
Sec. 612. Monitoring; Director of Domestic Violence Prevention.
Sec. 613. VAWA Emergency Transfer Demonstration Program.
Sec. 614. Housing programs.
TITLE VII--ASSISTING VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE IN THE
WORKPLACE
Sec. 701. National resource center on workplace responses to assist
victims of domestic and sexual violence.
Sec. 702. Study on workplace best practices.
Sec. 703. GAO study.
TITLE VIII--SAFETY FOR INDIAN WOMEN
Subtitle A--Safety for Indian Women
Sec. 801. Grants to Indian Tribal governments.
Sec. 802. Grants to Indian Tribal coalitions.
Sec. 803. Consultation.
Sec. 804. Tribal jurisdiction over crimes committed in Indian country.
Sec. 805. Reporting requirements.
Subtitle B--SURVIVE Act
Sec. 811. Short title.
Sec. 812. Indian victims of crime.
Sec. 813. Regulations regarding Indian Tribes.
Subtitle C--Savanna's Act
Sec. 821. Short title.
Sec. 822. Purposes.
Sec. 823. Definitions.
Sec. 824. Improving Tribal access to databases.
Sec. 825. Guidelines for responding to cases of missing or murdered
Indians.
Sec. 826. Annual reporting requirements.
Sec. 827. Implementation and incentive.
Subtitle D--Tribal Law and Order Reauthorization and Amendments Act
Sec. 831. Short title.
PART I--Tribal Law and Order
Sec. 841. Office of Justice Services law enforcement.
Sec. 842. Authority to execute emergency orders.
Sec. 843. Detention services.
Sec. 844. Tribal law enforcement Officers.
Sec. 845. Oversight, coordination, and accountability.
Sec. 846. Integration and coordination of programs.
Sec. 847. Data sharing with Indian tribes.
Sec. 848. Judicial administration in Indian country.
Sec. 849. Federal notice.
Sec. 850. Detention facilities.
Sec. 851. Reauthorization for tribal courts training.
Sec. 852. Public defenders.
Sec. 853. Offenses in Indian country: trespass on Indian land.
Sec. 854. Resources for public safety in Indian communities; drug
trafficking prevention.
Sec. 855. Substance abuse prevention tribal action plans.
Sec. 856. Office of Justice Services spending report.
Sec. 857. Trafficking Victims Protection.
Sec. 858. Reporting on Indian victims of trafficking.
PART II--Improving Justice for Indian Youth
Sec. 861. Federal jurisdiction over Indian juveniles.
Sec. 862. Reauthorization of tribal youth programs.
Sec. 863. Assistance for Indian tribes relating to juvenile crime.
Sec. 864. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 865. Grants for delinquency prevention programs.
Subtitle E--BADGES for Native Communities Act
Sec. 871. Short title.
Sec. 872. Definitions.
PART I--Bridging Agency Data Gaps
Sec. 873. Federal law enforcement database reporting requirements.
Sec. 874. National Missing and Unidentified Persons System Tribal
liaison.
PART II--Ensuring Safety for Native Communities
Sec. 875. Missing and murdered response coordination grant program.
Sec. 876. GAO study on Federal law enforcement agency evidence
collection, handling, and processing.
Sec. 877. Bureau of Indian Affairs and Tribal law enforcement officer
counseling resources interdepartmental
coordination.
Subtitle F--Tribal Labor Sovereignty Act
Sec. 881. Short title.
Sec. 882. Definition of employer.
TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN TECHNICAL CLARIFICATIONS
Sec. 901. Office on Violence Against Women technical clarifications.
TITLE X--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
Sec. 1001. Short title.
Sec. 1002. Prohibition on engaging in sexual acts while acting under
color of law.
Sec. 1003. Incentive for states.
Sec. 1004. Reports to Congress.
TITLE XI--HOLDING VIOLENT CRIMINALS AND CHILD PREDATORS ACCOUNTABLE
Sec. 1101. Enhanced penalties.
Sec. 1102. Combat online predators.
Sec. 1103. Maximizing access to forensic exams.
Sec. 1104. Study on State coverage of forensic examinations and related
medical costs following a sexual assault.
TITLE XII--CHOOSE RESPECT
Subtitle A--Choose Respect Act
Sec. 1201. Short title.
Sec. 1202. Designation.
Sec. 1203. Media Campaign.
Subtitle B--Legal Assistance for Victims
Sec. 1211. Legal assistance for victims.
Sec. 1212. Report on protection order service processes.
TITLE XIII--COMBATTING FEMALE GENITAL MUTILATION OR CUTTING
Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Amendments to current law prohibiting female genital
mutilation.
Sec. 1304. Increased penalty for female genital mutilation.
Sec. 1305. Pilot program to prevent and respond to female genital
mutilation or cutting.
Sec. 1306. Reporting on female genital mutilation or cutting.
TITLE XIV--EMPOWERING VICTIMS OF REVENGE PORNOGRAPHY
Sec. 1401. Empowering victims of revenge pornography.
TITLE XV--CREEPS ACT
Sec. 1501. Short title.
Sec. 1502. Sexual assault by Federal employees and contractors.
TITLE XVI--ADDITIONAL GRANT PROGRAMS
Sec. 1601. National stalker and domestic violence reduction.
Sec. 1602. Federal victim assistants reauthorization.
Sec. 1603. Child abuse training programs for judicial personnel and
practitioners reauthorization.
Sec. 1604. Sex offender management.
Sec. 1605. Court-appointed special advocate program.
SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) In General.--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, for the purpose of grants authorized
under this title'';
(B) by redesignating paragraphs (12) through (45)
as paragraphs (15) through (48), respectively;
(C) by redesignating paragraph (11) as paragraph
(12);
(D) by redesignating paragraph (8) as paragraph
(11) and moving it to appear before paragraph (12), as
so redesignated;
(E) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively;
(F) by redesignating paragraph (2) as paragraph (6)
and moving it to appear before paragraph (7), as so
redesignated;
(G) by redesignating paragraph (3) as paragraph
(2);
(H) by redesignating paragraph (5) as paragraph (3)
and moving it to appear after paragraph (2), as so
redesignated;
(I) by inserting after paragraph (4) the following:
``(5) Court-based personnel; court-related personnel.--The
terms `court-based personnel' and `court-related personnel'
mean individuals 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.'';
(J) in paragraph (11), as so redesignated, by
striking ``includes felony'' and all that follows
through ``jurisdiction.'' and inserting the following:
``includes felony or misdemeanor crimes under the
family or domestic violence laws of the jurisdiction
receiving grant funding, and, in the case of victim
services, includes the use or attempted use of physical
abuse or sexual abuse, or a pattern of any other
coercive behavior committed, enabled, or solicited to
gain or maintain power and control over a victim,
including verbal, psychological, economic, or
technological abuse, by a person who--
``(A) is a current or former spouse or intimate
partner of the victim, or person similarly situated to
a spouse of the victim;
``(B) is cohabitating, or has cohabitated, with the
victim as a spouse or intimate 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 50 years of age 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.'';
(K) by inserting after paragraph (12), as so
redesignated, the following:
``(13) Female genital mutilation or cutting.--The term
`female genital mutilation or cutting' means intentionally
circumcising, excising, infibulating the whole or any part of
the labia majora or labia minora or clitoris, or in any way
causing bodily injury (as defined in section 1365 of title 18,
United States Code) to the female genitalia for non-medical
reasons.
``(14) Forced marriage.--The term `forced marriage' means a
marriage to which 1 or both parties do not or cannot consent,
and in which 1 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.''; and
(L) by striking paragraph (32), as so redesignated,
and inserting the following:
``(32) Sexual assault.--The term `sexual assault'--
``(A) means any non-consensual sexual act
proscribed by Federal, Tribal or State law, including
when the victim lacks capacity to consent; and
``(B) includes sex trafficking described in section
103(11)(A) of the Victims of Trafficking and Violence
Protection Act of 2000.'';
(2) in subsection (b)--
(A) in paragraph (2), by adding at the end the
following:
``(H) 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 the following conditions are met:
``(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.
``(iv) The information released is limited
to that which is necessary for the purposes of
the fatality review.'';
(B) 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, with priority given to current and former
grantees and subgrantees.'';
(C) in paragraph (13), by striking subparagraph (D)
and inserting the following:
``(D) Construction.--Nothing contained in this
paragraph shall be construed, interpreted, or applied--
``(i) to supplant, displace, preempt, or
otherwise diminish the responsibilities and
liabilities under other State or Federal civil
rights law, whether statutory or common; or
``(ii) to affect the otherwise lawful
employment practices of any organization under
Federal law.'';
(D) in paragraph (14), by inserting before the
period at the end the following: `` or other forms of
gender-based violence, including female genital
mutilation or cutting, forced marriage, and honor
violence. For individuals who are 0 to 18 years of age
and are victims of sexual assault, victim-centered
services shall, to the extent practicable, be
coordinated with services specified in section 212 of
the Victims of Child Abuse Act of 1990 (34 U.S.C.
20302). If such an organization is not available,
services shall, to the extent practicable, be delivered
in partnership with multidisciplinary teams.''; and
(E) by adding at the end the following:
``(17) Innovation fund.--Of the amounts appropriated to
carry out this title, not more than 1 percent shall be made
available for pilot projects, demonstration projects, and
special initiatives designed to improve Federal, State, local,
Tribal, and other community responses to violence against women
and girls.''.
(b) Grant Accountability.--Section 40002(b)(16) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(b)(16)) shall apply to this
Act and any grant program authorized under this Act.
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) (34 U.S.C. 10441(b))--
(A) by striking paragraph (6) and inserting the
following:
``(6) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes and
urban Indian victims in dealing with violent crimes against
women, including the crimes of domestic violence, dating
violence, sexual assault and stalking;'';
(B) in paragraph (19), by striking ``and'' at the
end;
(C) by striking paragraph (20) and inserting the
following:
``(20) developing, enhancing, or strengthening prevention
and educational programming to address domestic violence,
dating violence, sexual assault, stalking, or female genital
mutilation or cutting, with not more than 5 percent of the
amount allocated to a State to be used for this purpose;''; and
(D) by inserting after paragraph (20), the
following:
``(21) developing, enlarging, or strengthening culturally
specific victim services for and responses to female genital
mutilation or cutting; and
``(22) developing, implementing, and training 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.'';
(2) in section 2007(d) (34 U.S.C. 10446(d))--
(A) by redesignating paragraphs(5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) not later than 3 years after the date of enactment of
this paragraph, proof of compliance with the requirements
regarding development, implementation, and training on best
practices for victim-centered prosecution described in section
2017;''; and
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
``(a) In General.--To be eligible for a grant or subgrant under
this part, a prosecution office shall certify, not later than 3 years
after the date of enactment of this section, that the office developed,
implemented, and trained on best practices, based on national
guidelines described in subsection (b), 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.
``(b) Establishment of National Guidelines.--Not later than 120
days after the date of enactment of this section, the Director shall
publish national guidelines 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, developed by experts in the fields of gender-based violence and
national prosecution standards.''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(18)) is amended by striking ``222,000,00 for each of fiscal
years 2014 through 2018'' and inserting ``244,200,000 for each of
fiscal years 2020 through 2029''.
(c) Effective Date.--The amendments made by subsection (a) shall
not take effect until October 1, 2020.
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 title I 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 ``section 3(2) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)))'' and inserting ``section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102))'';
(C) in paragraph (19), by inserting before the
period at the end the following: ``, including victims
among underserved populations''; and
(D) by adding at the end the following:
``(23) To develop, implement and train 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.
``(24) To train and maintain a designated VAWA Officer in
State and local law enforcement agencies to coordinate and
support the response to domestic violence, dating violence,
sexual assault, and stalking.''; and
(2) in subsection (c)(1)--
(A) by moving the margins of subparagraphs (A)
through (E) two ems to the right;
(B) in subparagraph (A)--
(i) by moving the margins for clauses (i)
and (ii) to ems to the right; and
(ii) in clause (i), by striking ``encourage
or mandate arrests of domestic violence
offenders'' and inserting ``encourage arrests
of domestic violence offenders'';
(C) in subparagraph (E), by moving the margins for
clauses (i) and (ii) to ems to the right; and
(D) by adding at the end the following:
``(F) in the case of a prosecution office, certify
that, not later than 3 years after the date of
enactment of this subparagraph, the office has
developed, 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 described in
section 2017; 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 ``$73,000,000 for each of fiscal
years 2014 through 2018'' and inserting ``80,300,000 for each of fiscal
years 2020 through 2029''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall not take effect until October 1, 2020.
SEC. 103. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
(a) In General.--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), by striking ``to improve'' and
inserting ``improve''; and
(2) in subsection (e), by striking ``$22,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$24,200,000
for each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
not take effect until October 1, 2020.
SEC. 104. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.
(a) In General.--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 victim services and responses related to, and
prevention of female genital mutilation or cutting.''; and
(2) in subsection (g), by striking ``$2,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$2,200,000 for
each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
not take effect until October 1, 2020.
SEC. 105. CRIMINAL PROVISIONS.
Section 2265(d)(3) of title 18, United States Code, is amended--
(1) by striking ``restraining order or injunction,''; and
(2) by adding at the end the following: ``This publication
limitation applies to all protection orders issued by a State,
territorial, or Tribal court, as well as protection orders
issued by another State, territory, or Tribe.''.
SEC. 106. 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 ``$5,000,000 for each of
fiscal years 2015 through 2019'' and inserting ``$5,500,000 for each of
fiscal years 2020 through 2029.''.
SEC. 107. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) Amendment.--Section 121 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20124) is
amended--
(1) in subsection (a), 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 $2,200,000 for each of fiscal years 2020 through
2029.''; and
(2) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``or'' at the
end;
(B) in subparagraph (H), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(I) developing, enlarging, or strengthening
culturally specific victim services for and responses
to female genital mutilation or cutting, honor
violence, forced marriage, and child marriage.''.
(b) Effective Date.--The amendments made by subsection (a)(2) shall
not take effect until October 1, 2020.
SEC. 108. 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) Lethality Assessment Program Defined.--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 other entities in the
criminal 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) Eligibility.--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 $5,500,000 to carry out this section for each of fiscal
years 2020 through 2029.
TITLE II--IMPROVING SERVICES FOR VICTIMS
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601(f)(1) of the Violence Against Women Act of 1994 (34
U.S.C. 12511(f)(1)) is amended by striking ``$40,000,00 to remain
available until expended for each of fiscal years 2014 through 2018''
and inserting ``$120,000,000 to remain available until expended for
each of fiscal years 2020 through 2029''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295(e)(1) of the Violence Against Women Act of 1994 (34
U.S.C. 12341(e)(1)) is amended by striking ``$50,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$150,000,000 for each
of fiscal years 2020 through 2029''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN 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 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'';
(2) in subsection (c)(1)(D), by striking ``disabled
individuals'' and inserting ``individuals with disabilities'';
and
(3) in subsection (e), by striking ``$9,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$9,900,000 for
each of fiscal years 2020 through 2029''.
SEC. 204. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
(a) Amendments.--Section 40801(b) of the Violence Against Women Act
of 1994 (34 U.S.C. 12421(b)) is amended--
(1) in paragraph (2)(A), by striking clause (iv) and
inserting the following:
``(iv) conduct cross-training for law
enforcement agencies and other first
responders, prosecutors, agencies of States or
units of local government, attorneys, health
care providers, population specific
organizations, faith-based leaders, victim
advocates, victim service providers, and courts
to better serve victims of abuse in later life,
including domestic violence, dating violence,
sexual assault, stalking, exploitation or
neglect.'';
(2) in paragraph (3)--
(A) in subparagraph (A)(iv), by striking ``over 50
years of age'' and inserting ``50 years of age or
over''; and
(B) in subparagraph (B)(iv), by striking ``in later
life'' and inserting ``50 years of age or over''; and
(3) in paragraph (5), by striking ``$9,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$9,900,000 for
each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by paragraphs (1) and (2)
of subsection (a) shall not take effect until October 1, 2020.
SEC. 205. ABBY HONOLD ACT.
(a) Short Title.--This section may be cited as the ``Abby Honold
Act''.
(b) Amendment.--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) an administrator of an institution of higher
education; 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 stake holders
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 the Violence Against Women
Reauthorization Act of 2019.
``(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;
or
``(vi) involving a male 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.
(a) In General.--Section 393A of the Public Health Service Act (42
U.S.C. 280b-1b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, including primary prevention
activities,'' after ``programs''; and
(B) in paragraph (2), by inserting before the
semicolon at the end the following: ``or utilization of
other communication technologies for the purposes
related to such a hotline'';
(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
``$165,000,000 for each of fiscal years 2020 through
2029''; and
(B) in paragraph (3), by adding at the end the
following: ``Not less than 75 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 this Act, 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 describing the activities carried out
under this section.''.
(b) Effective Date.--The amendments made by paragraphs (1), (2),
and (4) of subsection (a) shall not take effect until October 1, 2020.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH (``CHOOSE CHILDREN &
YOUTH'').
(a) In General.--Section 41201 of the Violence Against Women Act of
1994 (34 U.S.C. 12451) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by inserting after subparagraph (C)
the following:
``(D) clarify State or local mandatory reporting
policies and practices regarding peer-on-peer dating
violence, sexual assault, stalking, and sex
trafficking.''; and
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``or
sex trafficking'' and inserting ``sex
trafficking, or female genital mutilation or
cutting''; and
(ii) in subparagraph (B) by striking ``or
sex trafficking'' and inserting ``sex
trafficking, or female genital mutilation or
cutting,'';
(2) in subsection (d)(3), by inserting ``, and, where
intervention or programming will include a focus on female
genital mutilation or cutting, sufficient training on that
topic'' after ``sex trafficking''; and
(3) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$27,000,000
for each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by paragraphs (1) and (2)
of subsection (a) shall not take effect until October 1, 2020.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) In General.--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 personnel from the title
IX coordinator's office and student conduct office serving on
campus disciplinary or judicial boards, on such policies,
protocols, and services that promote a prompt, fair, and
impartial investigation and resolution.'';
(B) by amending paragraph (3) to read as follows:
``(3) To provide prevention and education programming,
including primary prevention activities, 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 domestic
violence, dating violence, sexual assault, and stalking
prevention and intervention.'';
(C) in paragraph (9), by striking ``and provide''
and inserting ``, provide, and disseminate'';
(D) in paragraph (10), by inserting ``and
disseminate'' after ``or adapt''; and
(E) 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 campus health providers on how
to educate all members of the campus community on the impacts
of violence on health, unhealthy relationships, and how to
support ongoing outreach efforts.'';
(2) in subsection (c)(3), by striking ``fiscal years 2014
through 2018'' and inserting ``fiscal years 2020 through
2029'';
(3) in subsection (d)(3)--
(A) in subparagraph (B), by striking ``for all
incoming students'' and inserting ``for all students'';
(B) by amending subparagraph (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
(4) in subsection (e), by striking ``$12,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$17,600,000
for each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by paragraphs (1) and (3)
of subsection (a) shall not take effect until October 1, 2020.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402(c) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c)) is amended by
striking ``$1,000,000 for each of the fiscal years 2014 through 2018''
and inserting ``$1,000,000 for each of fiscal years 2020 through
2029''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES (SMART) THROUGH
PREVENTION GRANTS.
(a) In General.--Section 41303 of the Violence Against Women Act of
1994 (34 U.S.C. 12463) is amended--
(1) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$49,500,000
for each of fiscal years 2020 through 2029''; and
(2) 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.''.
(b) Effective Date.--The amendments made by subsection (a)(2) shall
not take effect until October 1, 2020.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE
SEC. 501. STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE.
(a) In General.--Section 399P of the Public Health Service Act (42
U.S.C. 280g-4) is amended--
(1) in subsection (a)(3), by striking ``behavioral and
mental health programs'' and inserting ``mental health and
substance use disorder programs''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``mental or behavioral care'' and
inserting ``mental health and substance
use disorders''; and
(II) in clause (ii), by inserting
``, including human trafficking'' after
``other forms of violence and abuse'';
and
(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 specialists in trauma and in
mental health and substance use
disorders, and public health staff to
address domestic violence, dating
violence, sexual assault, and stalking,
including for children exposed to such
violence; or
``(II) improving the capacity of
State domestic and sexual violence
coalitions to coordinate with and
support health care professionals and
others in addressing domestic violence,
dating violence, sexual assault, and
stalking;''; and
(II) in clause (iv) by striking the
period at the end and inserting the
following: ``, with priority given to
relevant programs administered through
the Health Resources and Services
Administration, Office of Women's
Health;''; and
(B) in paragraph (2)(C)--
(i) in clause (iii)--
(I) by striking ``mental and
behavioral health'' and inserting
``mental health and substance use
disorder''; and
(II) 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) improving the capacity of substance
use disorder treatment programs to respond to
domestic violence, dating violence, sexual
assault, and stalking, including through the
provision of technical assistance and training
to such programs.'';
(3) in subsection (d)(2)--
(A) by striking ``mental health'' in each place
such term appears and inserting ``mental health and
substance use disorders''; and
(B) in subparagraph (B), by inserting ``, including
related to mental health or substance use disorder
services,'' after ``health system'';
(4) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(5) by inserting after subsection (f), the following:
``(g) Technical Assistance and Best Practices for Early Childhood
Programs.--The Secretary shall, as appropriate, provider technical
assistance and identify best practices to improve the capacity of early
childhood programs funded by the Health Resources and Services
Administration and the Administration for Children and Families to
address domestic violence, dating violence, sexual assault, and
stalking among families served by such programs.'';
(6) in subsection (h), as so redesignated, by striking
``$10,000,000 for each of fiscal years 2014 through 2018'' and
inserting ``$11,000,000 for each of fiscal years 2020 through
2029''; and
(7) in subsection (h), by striking ``herein'' and
``provided for''.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the activities carried out under
section 399P of the Public Health Service Act (42 U.S.C. 280g-4), as
amended by subsection (a).
TITLE VI--SAFE HOMES FOR VICTIMS
Subtitle A--HEALS Act
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Help End Abusive Living
Situations Act'' or the ``HEALS Act''.
SEC. 602. DEFINITIONS.
In this subtitle--
(1) the terms ``dating violence'', ``domestic violence'',
``sexual assault'', and ``stalking'' have the meanings given
those terms in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a));
(2) the term ``Secretary'' means the Secretary of Housing
and Urban Development;
(3) the term ``victim service provider'' has the meaning
given the term in section 401 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360); and
(4) the term ``victim service provider project'' means a
project administered by a victim service provider designed to
meet the needs of survivors of domestic violence, dating
violence, sexual assault, or stalking and their families.
SEC. 603. STRENGTHENING HOUSING RESOURCES PROTECTIONS FOR SURVIVORS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
(a) Notice of Funding Availability.--Subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) is
amended--
(1) in section 422 (42 U.S.C. 11382)--
(A) in subsection (a)--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Scoring.--For purposes of scoring applicants in the
notice of funding availability, the Secretary shall neither
prioritize nor deprioritize the following categories of
projects solely on the basis of the category:
``(A) Rapid re-housing.
``(B) Permanent supportive housing.
``(C) Transitional housing.
``(D) Short-term emergency shelter.''; and
(2) in section 428(d)(2) (42 U.S.C. 11386b(d)(2))--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) transitional housing for various populations,
including, for survivors of domestic violence, dating
violence, sexual assault, or stalking and their
families, projects providing transitional or permanent
housing that provide trauma-informed services, maximize
client choice, and address the special needs of those
survivors; and''.
(b) Strategic Plan.--In the next strategic plan required after the
date of enactment of this Act under section 306 of title 5, United
States Code, the Secretary shall include as a goal or objective--
(1) responding, including allocating appropriate resources,
to the housing needs of survivors of domestic violence, dating
violence, sexual assault, or stalking and their families; and
(2) collaborating with the Office of Violence Against Women
of the Department of Justice to ensure that there is no
conflict between the rapid re-housing requirements of that
Office and of the Department of Housing and Urban Development.
(c) Evaluation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop--
(1) in accordance with the selection criteria under section
427(b)(1) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11386a(b)(1)), as amended by section 604, measurable
criteria upon which applicants for a grant under section
subtitle C of title IV of that Act (42 U.S.C. 11381 et seq.)
are evaluated to demonstrate their local policy priorities
focused on survivors of domestic violence, dating violence,
sexual assault, or stalking and their families, including
survivor-centered coordinated entry processes that
appropriately assess and prioritize those survivors and take
into account the safety and confidentiality needs of those
survivors and their families; and
(2) mechanisms that promote the provision of technical
assistance and support for programs to improve outcomes and
maintain grant funding.
(d) Research Agenda.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a research agenda
that--
(1) works and collaborates with the Family Violence
Prevention and Services Program of the Department of Health and
Human Services and the Office of Violence Against Women of the
Department of Justice; and
(2) focuses on survivors of domestic violence, dating
violence, sexual assault, or stalking and their families,
concentrating on the housing modalities that best support them
and the mechanisms that best facilitate their efforts to secure
housing, while also paying attention to the critical safety
concerns and the link between trauma and residential stability.
SEC. 604. INCREASING ACCESS TO SAFE SHELTER FOR SURVIVORS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
Section 427 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11386a)) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B)(iv)(I), by inserting ``,
including survivors of domestic violence, dating
violence, sexual assault, or stalking and their
families'' after ``subpopulations'';
(B) in subparagraph (C)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) in clause (iv), by adding ``and'' at
the end; and
(iii) by adding at the end the following:
``(v) meets the safety and trauma needs of
survivors of domestic violence, dating
violence, sexual assault, or stalking and their
families, including access to safe shelter;'';
(C) in subparagraph (F)(ii), by striking ``and'' at
the end;
(D) by redesignating subparagraph (G) as
subparagraph (H); and
(E) by inserting after subparagraph (F) the
following:
``(G) the extent to which the assistance to be
provided within the geographic area will meet the
safety and trauma needs of survivors of domestic
violence, dating violence, sexual assault, or stalking
and their families, including access to safe shelter;
and''; and
(2) by adding at the end the following:
``(d) Equal Consideration of Transitional Housing Projects.--In
awarding funds to recipients under this subtitle, the Secretary shall
consider transitional housing projects on an even basis with any other
project of a qualified applicant.''.
SEC. 605. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to Congress a report on--
(1) the trends in allocating resources beginning after the
date of enactment of the Homeless Emergency Assistance and
Rapid Transition to Housing Act of 2009 (Public Law 111-22; 123
Stat. 1663) to address the housing needs of survivors of
domestic violence, dating violence, sexual assault, or stalking
and their families; and
(2) the increase in the effectiveness of those resources
for promoting self-sufficiency and assisting survivors in
finding employment beginning after the date of enactment of
this Act.
Subtitle B--Housing Protections for Victims
SEC. 611. HOUSING RIGHTS.
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 (D), by striking ``the
program under subtitle A'' and inserting ``the
programs under subtitles B through D'';
(ii) by redesignating subparagraphs (I) and
(J) as subparagraphs (J) and (K), respectively;
(iii) by inserting after subparagraph (H)
the following:
``(I) the program under section 1338 of the Federal
Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568);'';
(iv) in subparagraph (J), as so
redesignated, by striking ``and'' at the end;
(v) in subparagraph (K), as so
redesignated, by striking the period at the end
and inserting a semicolon; and
(vi) by adding at the end the following:
``(L) housing assisted under the Comprehensive
Service Programs for Homeless Veterans program under
subchapter II of chapter 20 of title 38, United States
Code (38 U.S.C. 2011 et seq.);
``(M) housing and facilities assisted under the
grant program for homeless veterans with special needs
under section 2061 of title 38, United States Code;
``(N) permanent housing for which assistance is
provided 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) to the extent practicable, such other Federal
housing programs or Federally subsidized units
providing affordable housing to low-income persons by
means of restricted rents or rental assistance as
identified by the appropriate agency; and'';
(2) by amending subsection (e) to read as follows:
``(e) Emergency Transfers.--
``(1) In general.--Each appropriate agency shall adopt a
model emergency transfer plan for use by public housing
agencies and owners or managers of housing assisted under
covered housing programs that--
``(A) allows tenants who are victims of domestic
violence, dating violence, sexual assault, or stalking
to transfer to another available and safe dwelling unit
assisted under a covered housing program if--
``(i) the tenant expressly requests the
transfer; 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 transfer; and
``(B) incorporates reasonable confidentiality
measures, subject to other Federal and State law, to
ensure that the public housing agency or owner or
manager does not disclose the location of the dwelling
unit of a tenant to a person that commits an act of
domestic violence, dating violence, sexual assault, or
stalking against the tenant.
``(2) Additional transfers.--
``(A) In general.--A public housing agency or owner
or manager of housing assisted under a covered housing
program may permit the tenant of any covered housing
program to transfer to an available unit without regard
to any waiting list or preference required or permitted
under Federal law if the tenant meets the Federal
eligibility requirements for the program and qualifies
for an emergency transfer under this subsection.
``(B) Requirement.--The public housing agency or
owner or manager choosing to implement this provision
must do so pursuant to a written policy that is set
forth in the public housing agency plan or under a
written policy adopted by the owner or manager.
``(C) Housing assisted under a covered housing
program definition.--For purposes of this paragraph,
the term `housing assisted under a covered housing
program' includes housing for which the assistance
under the covered housing program was provided before
the effective date of this provision.''; and
(3) by amending subsection (g) to read as follows:
``(g) Implementation.--
``(1) Training for staff of covered housing programs.--The
appropriate agency shall develop, in consultation with national
service providers, training for public housing agencies or
owners or managers of housing assisted under a covered housing
program to provide a basic understanding of domestic violence,
dating violence, sexual assault, and stalking, and to
facilitate implementation of this section. Such training will
be provided by the public housing agencies or owners or
managers to the extent practicable.
``(2) Information.--Public housing agencies or owners or
managers of housing assisted under a covered housing program
shall supply all their appropriate staff with public contact
information for all domestic violence, dating violence, sexual
assault, and stalking service providers offering services in
its local area, including interagency providers and private
providers, including faith-based organizations.
``(3) Agency implementation.--The appropriate agency with
respect to each covered program shall implement this section,
as this section applies to the covered housing program.
``(4) Regulations.--The Secretary of each appropriate
agency shall issue proposed regulations to carry out this
section not later than 545 days after the date of enactment of
the Violence Against Women Reauthorization Act of 2019.''.
SEC. 612. MONITORING; DIRECTOR OF DOMESTIC VIOLENCE PREVENTION.
Chapter 2 of subtitle N of Violence Against Women Act of 1994 (34
U.S.C. 12491 et seq.) is amended by adding at the end the following:
``SEC. 41412. MONITORING.
``The appropriate agency shall, with respect to each covered
housing program, establish a process, which may be complaint-based, to
monitor, on a periodic basis, compliance with the requirements of
section 41411.
``SEC. 41413. DIRECTOR OF DOMESTIC VIOLENCE PREVENTION.
``(a) Establishment.--There is established within the Department of
Housing and Urban Development a Director of Domestic Violence
Prevention, who may hold other job titles in addition to the Director
of Domestic Violence Prevention.
``(b) Duties.--The Director of Domestic Violence Prevention shall--
``(1) coordinate the development of regulations, policies,
protocols, and guidelines relating to the implementation of
this subtitle within the Department of Housing and Urban
Development;
``(2) coordinate development of Federal regulations,
policies, protocols, and guidelines on matters relating to the
implementation of this subtitle at each appropriate agency
administering a covered housing program; and
``(3) advise and coordinate with designated officials
within the United States Interagency Council on Homelessness,
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.''.
SEC. 613. VAWA EMERGENCY TRANSFER DEMONSTRATION PROGRAM.
(a) Authority.--The Secretary shall conduct a demonstration program
to test locally or regionally based models of an emergency transfer
program to determine how best to design a comprehensive approach to
allow victims of domestic violence, dating violence, sexual assault,
and stalking to quickly, safely, and confidentially access other
covered housing through emergency transfers, including how to collect
and maintain information on units available for emergency transfers.
(b) Waivers and Alternative Requirements.--
(1) In general.--The Secretary may, as needed to test the
effectiveness of local or regional plans for emergency
transfers, waive or provide alternative requirements for any
statute administered by the Secretary (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment) for communities selected for participation
in the demonstration program authorized under this section.
(2) Notice required.--The Secretary shall publish any
waivers or alternative requirements provided under paragraph
(1) in the Federal Register not later than 10 calendar days
before they become effective.
(3) Expiration of waivers or alternative requirements.--Any
waivers or alternative requirements provided under this section
shall expire on the date that is 5 years after the publication
of the notice under subsection (c).
(c) Implementation.--The Secretary may implement the demonstration
program under this section through a notice published in the Federal
Register.
(d) Selection of Participants.--The Secretary shall select
participating communities through a single competitive process, as
detailed in the notice published under subsection (c).
(e) Evaluation.--Not later than 8 years after the date of
publication of the implementing notice under subsection (c), the
Secretary shall assess and publish findings regarding the
effectiveness, efficiency, and cost effectiveness of the emergency
transfer programs under the demonstration program.
(f) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section $22,000,000. Such funds shall
remain available until the date that is 8 years after the date on which
the notice is published under subsection (c).
SEC. 614. HOUSING PROGRAMS.
(a) In General.--Section 41411(a)(3) of the Violence Against Women
Act of 1994 (34 U.S.C. 12491(a)(3)), as amended by section 606 of this
Act, is amended by adding at the end the following:
``(P) rural development housing voucher assistance
provided by the Secretary of Agriculture pursuant to
section 542 of the Housing Act of 1949 (42 U.S.C.
1490r), without regard to subsection (b) of such
section, and applicable appropriation Acts.''.
(b) 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), by striking ``the Director of the Violence Against Women
Office'' and inserting ``the Director of the Office on Violence
Against Women''; and
(2) in subsection (g)(1), by striking ``$35,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$38,500,000 for each of fiscal years 2020 through 2029''.
(c) 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 ``$4,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$4,400,000 for each of
fiscal years 2020 through 2029''.
(d) 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''; and
(2) in subsection (g), by striking ``$4,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$4,400,000 for
each fiscal years 2020 through 2029''.
TITLE VII--ASSISTING VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE IN THE
WORKPLACE
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
(a) In General.--Section 41501 of the Violence Against Women Act of
1994 (34 U.S.C. 12501) is amended--
(1) in subsection (a), by striking ``employers and labor
organizations'' and inserting ``employers, labor organizations,
and victim service providers''; and
(2) in subsection (e), by striking ``$1,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$2,500,000 for
each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
not take effect until October 1, 2020.
SEC. 702. STUDY ON WORKPLACE BEST PRACTICES.
(a) Study on Workplace Best Practices.--The Attorney General, in
consultation with the Secretary of Health and Human Services, the
Secretary of Labor, and the Chair of the Equal Employment Opportunity
Commission, shall conduct a study on workplace best practices for
providing support to victims of domestic violence, dating violence,
sexual assault, or stalking.
(b) Public Release and Education Program.--Not later than November
1, 2021, the Attorney General, in consultation with the Secretary of
Health and Human Services, the Secretary of Labor, and the Chair of the
Equal Employment Opportunity Commission shall--
(1) submit to Congress the study conducted pursuant to
subsection (a);
(2) publish the study conducted pursuant to subsection (a)
on the Department of Justice's website; and
(3) provide the public with educational resources to--
(A) promote communication skills in the workplace;
and
(B) highlight Federal and State resources for
victims of domestic violence, dating violence, sexual
assault, or stalking.
SEC. 703. GAO STUDY.
Not later than 24 months 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 victims 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 victims 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 existence of policies and procedures regarding
Federal student loan deferment, forbearance, and grace periods
when a victim has to suspend or terminate the victim's
enrollment at an institution of higher education due to
domestic violence, dating violence, sexual assault, or
stalking.
(3) The existence of institutional policies and practices
regarding retention or transfer of credits when a victim has to
suspend or terminate the victim'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 victim 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 victim's Federal
student loan.
(5) The limitations faced by a victim of domestic violence,
dating violence, sexual assault, or stalking to obtain any
relief or restitution of the victim's Federal student loan
debt.
TITLE VIII--SAFETY FOR INDIAN WOMEN
Subtitle A--Safety for Indian Women
SEC. 801. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10452(a)) is amended, in paragraphs (2),
(4), (5), (7), (8), and (9), by inserting ``crimes, including'' before
``domestic'' each place the term appears.
SEC. 802. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d)(3) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441) is amended, in the matter
preceding subparagraph (A), by striking ``2014 through 2018'' and
inserting ``2020 through 2029''.
SEC. 803. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a), by striking ``and the Violence
Against Women Reauthorization Act of 2013'' and inserting ``the
Violence Against Women Reauthorization Act of 2013, and the
Violence Against Women Reauthorization Act of 2019''; and
(2) in subsection (b)(2), by inserting ``crimes,
including'' before ``domestic''.
SEC. 804. TRIBAL JURISDICTION OVER CRIMES COMMITTED IN INDIAN COUNTRY.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly
known as the ``Indian Civil Rights Act of 1968'') is amended by
striking section 204 (25 U.S.C. 1304) and inserting the following:
``SEC. 204. TRIBAL JURISDICTION OVER CRIMES COMMITTED IN INDIAN
COUNTRY.
``(a) Definitions.--In this section:
``(1) Assault of a law enforcement or correctional
officer.--The term `assault of a law enforcement or
correctional officer' means any violation of the criminal law
of the Indian tribe that has jurisdiction over the Indian
country where the violation occurs where a person forcibly
assaults, resists, opposes, impedes, intimidates, or interferes
with any person designated as a tribal law enforcement or
correctional officer engaged in or on account of the
performance of their official duties.
``(2) Covered conduct.--The term `covered conduct' means an
offense--
``(A) described in paragraphs (1), (3), (4), (5),
(6), (10), (13), and (14); and
``(B) committed in Indian country.
``(3) Crimes against children.--The term `crimes against
children' means any violation of the criminal law of the Indian
tribe that is a participating tribe if the violation occurs and
is committed against an Indian child by a parent, legal
custodian, or guardian of the Indian child, or a caregiver or
person that would be subject to special tribal criminal
jurisdiction.
``(4) Dating violence.--The term `dating violence' means
any violation of the criminal law of the Indian tribe that has
jurisdiction over the Indian country where the violation occurs
that was committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.
``(5) Domestic violence.--The term `domestic violence'
means any violation of the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs that was committed by a current or former
spouse or intimate partner of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse or intimate partner, or by a person similarly situated
to a spouse of the victim under the domestic- or family-
violence laws of an Indian tribe that has jurisdiction over the
Indian country where the violence occurs.
``(6) Human trafficking.--The term `human trafficking'
means any violation of the criminal law of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs by a person that commits an act or practice
described in paragraph (11) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(7) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(8) Participating tribe.--The term `participating tribe'
means an Indian tribe that--
``(A) meets the requirements to exercise special
criminal jurisdiction described in subsection (b)(4);
``(B) elects to exercise special criminal
jurisdiction over the Indian country of that Indian
tribe; and
``(C) submits notice to the Attorney General of the
intent of the Indian tribe to self-certify and begin
exercising special criminal jurisdiction.
``(9) Protection order.--The term `protection order'--
``(A) means any injunction, restraining order, or
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence against, contact or
communication with, or physical proximity to, another
person; and
``(B) includes any temporary or final order issued
by a civil or criminal court, whether obtained by
filing an independent action or as a pendent lite order
in another proceeding, if the civil or criminal order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.
``(10) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act or 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 capacity to consent.
``(11) Special criminal jurisdiction.--The term `special
criminal jurisdiction' means the criminal jurisdiction that a
participating tribe may exercise under this section but could
not otherwise exercise.
``(12) Spouse or intimate partner.--The term `spouse or
intimate partner' has the meaning given the term in section
2266 of title 18, United States Code.
``(13) Stalking.--The term `stalking' means engaging in a
course of conduct in violation of the criminal law of the
Indian tribe that has jurisdiction over the Indian country
where the violation occurs that would cause a reasonable person
to fear for the safety of the person or the safety of others.
``(14) Violation of a protection order.--The term
`violation of a protection order' means any act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates 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) is enforceable by the participating
tribe; and
``(iii) is consistent with section 2265(b)
of title 18, United States Code.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed by sections 201 and 203, the powers of self-
government of a participating tribe, including any
participating tribe in the State of Maine, include the inherent
power of that tribe, which is hereby recognized and affirmed,
to exercise special criminal jurisdiction over all persons.
``(2) Concurrent jurisdiction.--The exercise of special
criminal jurisdiction by a participating tribe shall be
concurrent with the jurisdiction of the United States, of a
State, or of both.
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country; or
``(B) affects the authority of the United States or
any State government that has been delegated authority
by the United States to investigate and prosecute a
criminal violation in Indian country.
``(4) Requirements to exercise special criminal
jurisdiction over covered conduct.--No participating tribe may
exercise special criminal jurisdiction or otherwise exercise
jurisdiction over covered conduct committed in the jurisdiction
of a participating tribe by a defendant unless--
``(A) the proceeding is presided over by a judge of
the participating tribe with a current, valid license,
and in good standing, to practice law in any State, the
District of Columbia, or territory of the United
States; and
``(B) each attorney prosecuting or defending the
defendant has a current, valid license, and in good
standing, to practice law in any State, the District of
Columbia, or territory of the United States.
``(5) Exceptions.--
``(A) Victim and defendant are both non-indians.--
``(i) Definition of victim.--In this
subparagraph and with respect to a criminal
proceeding in which a participating tribe
exercises special criminal jurisdiction based
on a violation of a protection order, the term
`victim' means a person specifically protected
by a protection order that the defendant
allegedly violated.
``(ii) Exception.--A participating tribe
may not exercise special criminal jurisdiction
over an alleged offense if neither the
defendant nor the alleged victim is an Indian.
``(B) Defendant lacks ties to the participating
tribe.--A participating tribe may exercise special
criminal jurisdiction over a defendant only if the
defendant--
``(i) resides in the Indian country of the
participating tribe;
``(ii) is employed in the Indian country of
the participating tribe; or
``(iii) is a spouse, intimate partner, or
dating partner of--
``(I) a member of the participating
tribe; or
``(II) an Indian who resides in the
Indian country of the participating
tribe.
``(6) Special criminal jurisdiction self-certification.--
``(A) In general.--An Indian tribe shall submit to
the Attorney General written notice of the intent of
the Indian tribe to begin exercising special criminal
jurisdiction.
``(B) Auditing requirements.--
``(i) In general.--The Attorney General may
conduct an audit or review of a participating
tribe to determine if the participating tribe
is in compliance with all requirements
necessary to exercise special criminal
jurisdiction.
``(ii) Onsite visits.--To the maximum
extent practicable, the audits and reviews
conducted under clause (i) shall include onsite
visits by the appropriate official of the
Department of Justice.
``(iii) Regulations.--The Attorney General,
in consultation with participating tribes,
shall promulgate regulations to ensure that
appropriate action is taken if a participating
tribe is found under clause (i) not to be in
compliance with all requirements necessary to
exercise special criminal jurisdiction.
``(c) Rights of Defendants.--In a criminal proceeding in which a
participating tribe exercises criminal jurisdiction over covered
conduct by a defendant, including special criminal jurisdiction, the
participating tribe shall provide to the defendant all rights under the
Constitution of the United States afforded criminal defendants by the
courts of the United States, as interpreted by the courts of the United
States, including the right to an impartial jury, the right to counsel,
and the right to due process.
``(d) Selection of Detention Facility.--
``(1) In general.--Except as provided in paragraph (2), on
conviction of a non-Indian defendant by a participating tribe,
the participating tribe may select, with the consent of the
Attorney General, a Federal or Tribal detention facility.
``(2) Exception.--Nothing in this subsection shall prohibit
a participating tribe from housing a non-Indian inmate in a
tribal facility that was prosecuted under the special criminal
jurisdiction of the Indian tribe.
``(e) Post-sentencing Notice Requirements.--Immediately on the
sentencing of a defendant to any form of custody following a trial or
guilty plea, the tribal court of the participating tribe shall--
``(1) notify the defendant of his or her right to file a
habeas corpus petition in the Federal district court for the
district in which the defendant will be held in custody;
``(2) provide the defendant with a form habeas corpus
petition for petitioners seeking relief and with adequate
postage to enable the defendant to mail the form from the place
of custody to the district court for filing;
``(3) advise a defendant who is unable to pay applicable
filing fees of the right to ask for permission to file a habeas
corpus petition in forma pauperis; and
``(4) advise the defendant of his or her appellate rights,
which include--
``(A) the right to stay proceedings;
``(B) the right to an attorney; and
``(C) the right both--
``(i) to appeal to the appellate court of
the participating tribe; and
``(ii) to file a petition for a writ of
habeas corpus in a court of the United States.
``(f) Post-conviction Relief.--
``(1) In general.--Not later than 14 days after the date on
which a sentence has been imposed, the defendant may request an
appeal of the decision to the appellate court of jurisdiction
of the participating tribe, which shall hear the appeal and
render a decision not later than 90 days after the date on
which the request is received.
``(2) Licensed attorneys and judges of tribal appellate
courts.--Subsection (b)(4) shall apply to each attorney and
each judge on an appellate court proceeding of the
participating tribe reviewing a sentence under this subsection.
``(g) Petitions for Special Tribal Writs of Habeas Corpus.--
``(1) In general.--Regardless of whether a defendant
requests an appeal under subsection (f)(1), the defendant may
file a petition for a writ of habeas corpus in a court of the
United States under section 203 at any time after the
conviction of the defendant becomes final.
``(2) Effect of order.--Tribal courts shall be bound by all
orders issued by a court of the United States after review of a
petition for a writ of habeas corpus under section 203.
``(3) Scope of review.--A court of the United States
reviewing a petition for a writ of habeas corpus under this
subsection shall have jurisdiction to review the conviction of
the defendant, including any deprivation of the rights of the
defendant under subsection (c).
``(4) Prohibition on incorporating certain habeas
provisions.--In reviewing a petition for a writ of habeas
corpus under section 203 by a non-Indian petitioner, no court
may apply any requirement described in section 2254 or 2255 of
title 28, United States Code.
``(h) Petitions to Stay Detention.--
``(1) In general.--A person who has filed a petition for a
writ of habeas corpus in a court of the United States under
section 203 may petition that court, the appellate court of
jurisdiction of the participating tribe, or both, to stay
further detention of that person by the participating tribe.
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood
that the habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the
matter an opportunity to be heard, finds by clear and
convincing evidence that under conditions imposed by
the court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
``(3) Notice.--An Indian tribe that has ordered the
detention of any person has a duty to immediately notify such
person of his or her rights and privileges under this
subsection and under section 203.
``(i) Civil Action for Deprivation of Rights.--
``(1) In general.--Every person who, under color of any
statute, ordinance, regulation, custom, or usage of any
participating tribe, subjects, or causes to be subjected, any
defendant in a criminal prosecution of the covered conduct,
including the special criminal jurisdiction of the
participating tribe, to the deprivation of any rights,
privileges, or immunities secured by the Constitution of the
United States and Federal laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper
proceeding for redress.
``(2) Immunity for tribal officials.--In any action
described in paragraph (1), tribal officials shall be entitled
to claim the same immunity accorded public officials in actions
brought under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983).
``(3) Administration.--
``(A) In general.--An action described in paragraph
(1) may be brought in any appropriate district court of
the United States.
``(B) Timing.--An action described in paragraph (1)
shall commence not later than 4 years after the date on
which the conduct giving rise to the action occurred.
``(j) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special criminal
jurisdiction, including--
``(A) law enforcement (including the capacity of
law enforcement or court personnel to enter information
into and obtain information from national crime
information databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) pretrial services;
``(E) probation systems;
``(F) detention and correctional facilities;
``(G) alternative rehabilitation centers;
``(H) culturally appropriate services and
assistance for victims and their families;
``(I) criminal codes and rules of criminal
procedure, appellate procedure, and evidence; and
``(J) contracting for services directly relating to
the prosecution or defense of a defendant;
``(2) 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 a violation of covered conduct committed in
Indian country;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special criminal jurisdiction,
jurors are summoned, selected, and instructed in a manner
consistent with all applicable requirements; and
``(4) to accord victims of covered conduct 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.
``(k) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each of fiscal years 2020 through 2029 to
carry out subsection (j) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.''.
SEC. 805. REPORTING REQUIREMENTS.
(a) Definitions.--In this section, the terms ``participating
tribe'' and ``special criminal jurisdiction'' have the meanings given
the terms in section 204 of Public Law 90-284 (25 U.S.C. 1304)
(commonly known as the ``Indian Civil Rights Act of 1968'').
(b) Requirements.--The Attorney General, in consultation with the
Secretary of the Interior, shall submit to the Committee on Indian
Affairs and the Committee on the Judiciary of the Senate and the
Committee on Natural Resources and the Committee on the Judiciary of
the House of Representatives an annual report that includes--
(1) a comprehensive list of each participating tribe,
including the date on which each participating tribe noticed
the intent to begin exercising special criminal jurisdiction;
(2) details of prosecutions, for each participating tribe
and in total, under the special criminal jurisdiction,
including--
(A) the number and type of arrests;
(B) the number of convictions;
(C) the number of cases pending;
(D) the number of acquittals;
(E) the number of Federal referrals;
(F) the number of guilty pleas;
(G) the number of dismissals;
(H) the number of declinations;
(I) the number of jury trials, bench trials, and
jury convictions;
(J) the number, results, current status of special
tribal writs of habeas corpus; and
(K) demographic information on those arrested and
prosecuted under the special criminal jurisdiction; and
(3) recommendations to Congress on how the special criminal
jurisdiction can be improved.
Subtitle B--SURVIVE Act
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``Securing Urgent Resources Vital
to Indian Victim Empowerment Act'' or the ``SURVIVE Act''.
SEC. 812. INDIAN VICTIMS OF CRIME.
(a) Grant Program for Indian Crime Victim Services.--The Victims of
Crime Act of 1984 (34 U.S.C. 20101 et seq.) is amended by inserting
after section 1404F the following:
``grant program for indian crime victim services
``Sec. 1404G. (a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Indian Affairs of the
Senate;
``(B) the Subcommittee on Indian, Insular and
Alaska Native Affairs of the Committee on Natural
Resources of the House of Representatives;
``(C) the Committee on the Judiciary of the Senate;
and
``(D) the Committee on the Judiciary of the House
of Representatives.
``(2) Covered grant.--The term `covered grant' means a
grant under subsection (c).
``(3) Eligible indian tribe.--The term `eligible Indian
Tribe' means an Indian Tribe that submits a written proposal
for a covered grant to the Director in accordance with
subsection (c)(2).
``(4) Immediate family member.--The term `immediate family
member' has the meaning given the term in section 115(c) of
title 18, United States Code.
``(5) Indian.--The term `Indian' means a member of an
Indian Tribe.
``(6) Indian land.--The term `Indian land' has the meaning
given the term `Indian lands' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
``(7) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(8) Personally identifying information.--The term
`personally identifying information' has the meaning given the
term in section 40002(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)).
``(9) Services to victims of crime.--The term `services to
victims of crime'--
``(A) has the meaning given the term in section
1404; and
``(B) includes efforts that--
``(i) respond to the emotional,
psychological, or physical needs of a victim of
crime;
``(ii) assist a victim of crime in
stabilizing his or her life after
victimization;
``(iii) assist a victim of crime in
understanding and participating in the criminal
justice system; or
``(iv) restore a measure of security and
safety for a victim of crime.
``(10) Victim of crime.--The term `victim of crime' means
an individual who has suffered direct physical, sexual,
financial, or emotional harm as a result of the commission of a
crime.
``(b) Duties of the Director.--The Director shall--
``(1) administer the grant program described in subsection
(c);
``(2) provide planning, research, training, and technical
assistance to recipients of covered grants; and
``(3) coordinate with the Office of Tribal Justice, the
Indian Health Service, and the Bureau of Indian Affairs in
implementing the grant program described in subsection (c).
``(c) Grant Program.--
``(1) In general.--On an annual basis, the Director shall
make grants to eligible Indian Tribes for the purposes of
funding--
``(A) a program, administered by one or more Indian
Tribes, that provides services to victims of crime,
which may be provided in traditional form or through
electronic, digital, or other technological formats,
including--
``(i) services to victims of crime provided
through subgrants to agencies or departments of
Tribal governments or nonprofit organizations;
``(ii) domestic violence shelters, rape
crisis centers, child abuse programs, child
advocacy centers, and elder abuse programs
providing services to victims of crime;
``(iii) medical care, equipment, treatment,
and related evaluations arising from the
victimization, including--
``(I) emergency medical care and
evaluation, nonemergency medical care
and evaluation, psychological and
psychiatric care and evaluation, and
other forms of medical assistance,
treatment, or therapy, regardless of
the setting in which the services are
delivered;
``(II) mental and behavioral health
and crisis counseling, evaluation, and
assistance, including outpatient
therapy, counseling services, substance
abuse treatment, and other forms of
specialized treatment, including
intervention and prevention services;
``(III) prophylactic treatment to
prevent an individual from contracting
HIV/AIDS or any other sexually
transmitted disease or infection; and
``(IV) forensic medical evidence
collection examinations and forensic
interviews of victims of crime--
``(aa) to the extent that
other funding sources are
unavailable or insufficient;
and
``(bb) on the condition
that, to the extent
practicable, the examiners and
interviewers follow relevant
guidelines or protocols issued
by the State, unit of local
government, or Indian Tribe
with jurisdiction over the area
in which the examination or
interview is conducted;
``(iv) legal services, legal assistance
services, and legal clinics (including services
provided by pro bono legal clinics and
practitioners), the need for which arises
directly from the victimization;
``(v) the training and certification of
service animals and therapy animals;
``(vi) equipment for Braille or TTY/TTD
machines for the deaf necessary to provide
services to victims of crime;
``(vii) restorative justice opportunities
that allow victims of crime to meet with the
perpetrators if the meetings are voluntarily
agreed to by the victim of crime and are for
therapeutic purposes; and
``(viii) training and related materials,
including books, training manuals, and training
videos, for staff and service providers to
develop skills necessary to offer quality
services to victims of crime;
``(B) the development or implementation of
training, technical assistance, or professional
development that improves or enhances the quality of
services to victims of crime, including coordination
between healthcare, education, and justice systems;
``(C) the transportation of victims of crime to--
``(i) receive services; or
``(ii) participate in criminal justice
proceedings;
``(D) emergency legal assistance to victims of
crime that is directly connected to the crime;
``(E) the supervision of direct service providers
and contracts for professional or specialized services
that are related directly to providing services to
victims of crime;
``(F) the repair and replacement of essential items
used during the provision of services to victims of
crime to contribute to and maintain a healthy and safe
environment for the victims;
``(G) transitional housing for victims of crime,
particularly victims who have a particular need for
such housing and cannot safely return to previous
housing, including travel, rental assistance, security
deposits, utilities, and other related costs that are
incidental to the relocation to transitional housing;
``(H) the relocation of victims of crime,
particularly where necessary for the safety and well-
being of the victim, including reasonable moving
expenses, security deposits for housing, rental
expenses, and utility startup costs;
``(I) the coordination of activities that
facilitate the provision of direct services to victims
of crime;
``(J) a multi-system, inter-agency, multi-
disciplinary response to the needs of victims of crime;
and
``(K) the administration of the program and
services described in this section.
``(2) Eligibility.--An Indian Tribe seeking a covered grant
shall, in response to a request for proposal, submit to the
Director a written proposal for a covered grant, which shall
include--
``(A) a description of the need for services and
the mission and goals of the activity to be carried out
using the grant;
``(B) a description of how amounts received under
the grant would be used;
``(C) the proposed annual budget for the activities
for each fiscal year in which amounts received under
the grant may be used;
``(D) any qualifications, certifications, or
licenses that may be required for individuals involved
in administering the program;
``(E) a certification by the Indian Tribe that,
under the law of that Indian Tribe or the law of a
State to which the Act of August 15, 1953 (67 Stat.
588, chapter 505) (commonly known as `Public Law 280')
applies--
``(i) victims of crime are entitled to the
rights and protections described in section
3771(a) of title 18, United States Code, or
substantially similar rights and protections;
and
``(ii) individuals who report crimes are
protected by law from retribution and
retaliation;
``(F) a certification by the Indian Tribe that
grant funds will be used to supplement and not supplant
other Federal, State, local, and Tribal funds that are
used for the purposes described in paragraph (1);
``(G) a description of any plans or agreements to
coordinate services among Federal, State, local, and
Tribal governments; and
``(H) any additional information required by the
Director through written guidance, after consultation
with Indian Tribes.
``(3) No matching requirement.--A recipient or subrecipient
of a covered grant shall not be required to make a matching
contribution for Federal dollars received.
``(4) Prohibited uses of funds.--A recipient or
subrecipient of a covered grant may not use the amounts of the
grant for--
``(A) salaries, benefits, fees, furniture,
equipment, and other expenses of executive directors,
board members, and other administrators, except as
specifically allowed under this section;
``(B) lobbying and administrative advocacy; and
``(C) fundraising activities.
``(5) Annual report.--A recipient of a covered grant shall,
on an annual basis, submit to the Director an itemized budget
with a report describing the purpose for which the grant was
used, which shall include--
``(A) the purpose for which grant funds were
obligated or spent and the amount of funds obligated or
spent by the recipient or subrecipient for each
purpose, including, on a quarterly basis--
``(i) the amount of grant funds obligated
or spent by the recipient or subrecipient for
administrative and operational costs; and
``(ii) the amount of grant funds obligated
or spent by the recipient or subrecipient for
direct services;
``(B) the number of individuals served as a result
of the grant;
``(C) a description, in the aggregate, of the types
of individuals served, including--
``(i) the alleged crime and injury
involved;
``(ii) whether the victim is an Indian; and
``(iii) the age, sex, and Tribal
affiliation of the victim, if applicable; and
``(D) a description, in the aggregate, of the
general nature and location of the alleged crimes
involved, including--
``(i) whether the crime was committed on
Indian land;
``(ii) whether the alleged perpetrator is
an Indian;
``(iii) the disposition of the incident;
and
``(iv) all jurisdictions involved in any
disposition.
``(6) Obligation to report fraud, waste, or abuse of grant
funds.--A recipient or subrecipient of a covered grant shall
immediately report to the Director any finding of fraud, waste,
or abuse of grant funds.
``(d) Protection of Crime Victim Confidentiality and Privacy.--
``(1) Annual reports.--In order to ensure the safety of
victims of crime and immediate family members of victims of
crime, recipients and subrecipients of covered grants shall
protect the confidentiality and privacy of individuals
receiving services from the recipient or subrecipient.
``(2) Nondisclosure.--
``(A) In general.--Subject to paragraphs (3) and
(4), a recipient or subrecipient of a covered grant
shall not disclose, reveal, or release any personally
identifying information collected in connection with
any service requested, used, or denied through a
program of the recipient or subrecipient or require the
release of personally identifying information as a
condition of eligibility for the services provided by
the recipient or subrecipient--
``(i) regardless of whether the information
has been encoded, encrypted, hashed, or
otherwise protected; and
``(ii) subject to subparagraph (B) and the
condition that consent for release may not be
given by an abuser of the minor, an abuser of a
parent or guardian of a minor, or an
incapacitated individual, absent the informed,
written, reasonably time-limited consent of--
``(I) the individual about whom
information is sought;
``(II) in the case of an
emancipated minor, the minor, and the
parent or guardian; or
``(III) in the case of legal
incapacity, a court-appointed guardian.
``(B) Certain minors and other individuals.--If a
minor or individual with a legally appointed guardian
may lawfully receive services without the consent of a
parent or guardian, that minor or individual may
consent to the release of information under
subparagraph (A)(ii) without the additional consent of
a parent or guardian.
``(3) Release.--If the release of information described in
paragraph (2) is compelled by a statutory or court mandate, a
recipient or subrecipient of a covered grant shall--
``(A) make reasonable attempts to provide notice to
victims of crime affected by the disclosure of
information; and
``(B) take steps necessary to protect the privacy
and safety of the individuals affected by the release
of the information.
``(4) Information sharing.--A recipient or subrecipient of
a covered grant may share--
``(A) data in the aggregate that is not personally
identifying information regarding services to clients
and demographics in order to comply with Federal,
State, Tribal, or territorial reporting, evaluation, or
data collection requirements;
``(B) court-generated and law enforcement-generated
information contained in secure governmental registries
for protection order enforcement purposes; and
``(C) law enforcement-generated and prosecution-
generated information necessary for law enforcement and
prosecution purposes.
``(5) Statutorily mandated reports of abuse or neglect.--
Nothing in this subsection shall be construed to prohibit a
recipient or subrecipient of a covered grant from reporting
suspected abuse or neglect of an individual.
``(6) Congressional oversight.--
``(A) In general.--Nothing in this subsection shall
be construed to prohibit the Director from disclosing
grant activities authorized by this section to the
appropriate committees of Congress.
``(B) Requirements.--The Director shall ensure that
a disclosure under subparagraph (A) protects
confidentiality and omits personally identifying
information.
``(7) Confidentiality assessment and assurances.--A
recipient or subrecipient of a covered grant shall document
compliance with the confidentiality and privacy requirements of
this subsection.
``(e) Oversight and Enforcement Authority.--
``(1) Authority.--The Director shall--
``(A) regularly monitor and review covered grants
awarded, which shall include evaluation of quarterly
financial reports for victim services grants; and
``(B) conduct investigations and audits--
``(i) to ensure compliance with all
applicable Federal law; and
``(ii) to prevent duplication and
redundancy in the awarding of covered grants.
``(2) Performance measures and enforceable agreements.--The
Director shall ensure that all covered grants are subject to
performance measures and enforceable agreements that allow for
thorough program oversight.
``(3) Compliance reports to congress.--For the first fiscal
year beginning after the date of enactment of this section and
each fiscal year thereafter, the Director shall submit to the
appropriate committees of Congress an annual compliance report
on all covered grants awarded.
``(4) Violations.--
``(A) In general.--If, after reasonable notice and
opportunity for a hearing on the record (subject to
subparagraph (B)), the Director finds that a recipient
or subrecipient of a covered grant has failed to comply
substantially with any provision of this section or a
rule, regulation, guideline, or procedure issued under
this section, a commitment or certification made in the
written proposal submitted under subsection (c)(2), or
the provisions of any other applicable law, the
Director shall--
``(i) terminate payments to the recipient;
``(ii) suspend payments to the recipient
until the Director is satisfied that the
noncompliance has ended; or
``(iii) take any other action that the
Director determines appropriate.
``(B) Subrecipients.--A subrecipient of a covered
grant may not request a hearing under subparagraph (A)
but may assist a recipient in providing information
during the hearing process.
``(f) Timelines.--
``(1) Negotiated rulemaking.--Not later than 60 days after
the date of enactment of this section, the Director shall
publish a notice in the Federal Register to initiate the
negotiated rulemaking described in section 913(b) of the
Securing Urgent Resources Vital to Indian Victim Empowerment
Act, which shall be completed not later than 180 days after
that publication.
``(2) Request for proposal.--Not later than 60 days after
the negotiated rulemaking described in paragraph (1) is
complete, the Director shall publish a request for proposal in
the Federal Register for covered grants.
``(3) Required disbursal.--Not later than January 31 of
each of the first 10 fiscal years beginning after the date of
enactment of this section, the Director shall disburse
competitive grants to Indian Tribes in accordance with this
section.
``(g) Availability of Grant Funds.--Any amount awarded under a
covered grant that remains unobligated at the end of the fiscal year in
which the grant is made may be expended for the purpose for which the
grant was made at any time during the 5 succeeding fiscal years, at the
end of which period, any unobligated sums shall remain available to the
Director for award under this section in the following fiscal year.
``(h) Effect.--Nothing in this section prohibits--
``(1) an Indian Tribe from contracting for the
administration of a program or activity funded under this
section; or
``(2) multiple Indian Tribes or Tribal organizations from
forming a consortium for any of the purposes described in this
section.
``(i) Funding.--
``(1) In general.--The grant program established under this
section shall be carried out using amounts made available under
section 1402(d)(1).
``(2) Administrative expenses.--For each fiscal year in
which a grant is made or grant funds may be obligated under
this section, the Director may use not more than 4 percent of
the amounts made available under this section for--
``(A) administration and management of covered
grants; and
``(B) training and technical assistance.
``(j) Term.--This section shall be effective for the first 10
fiscal years beginning after the date of enactment of this section.''.
(b) Funding for Grants for Tribal Victims of Crime.--Section
1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is
amended--
(1) by inserting before paragraph (2) the following:
``(1) For each of the first 10 fiscal years beginning after
the date of enactment of the Securing Urgent Resources Vital to
Indian Victim Empowerment Act, 5 percent of the total amount in
the Fund available for obligation during a fiscal year shall be
made available to the Director to make grants under section
1404G.'';
(2) in paragraph (2)(A), by inserting ``after compliance
with paragraph (1)'' after ``deposited in the Fund'';
(3) in paragraph (3)(A), in the matter preceding clause
(i), by striking ``paragraph (2)'' and inserting ``paragraphs
(1) and (2)'';
(4) in paragraph (5)(A), by inserting ``(1),'' before
``(2)'' each place that term appears; and
(5) in paragraph (6)(A), by inserting ``(1),'' before
``(2)''.
SEC. 813. REGULATIONS REGARDING INDIAN TRIBES.
(a) Existing Regulations.--Any regulation, rule, or guidance
promulgated by the Director of the Office for Victims of Crime before
the date of enactment of this Act shall have no force or effect with
respect to section 1404G of the Victims of Crime Act of 1984, as added
by section 912.
(b) Negotiated Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office for Victims
of Crime, in consultation with the Secretary of the Interior
and Indian Tribes (as defined in section 1404G of the Victims
of Crime Act of 1984, as added by section 912) and through
notice and comment negotiated rulemaking, following the
provisions of subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'), shall promulgate final regulations carrying out
section 1404G of the Victims of Crime Act of 1984, as added by
section 912.
(2) Requirements.--The Director of the Office for Victims
of Crime shall ensure that--
(A) not fewer than 2 Indian Tribes from each Bureau
of Indian Affairs region participate in the
consultation; and
(B) small, medium, and large land-based Indian
Tribes are represented.
Subtitle C--Savanna's Act
SEC. 821. SHORT TITLE.
This subtitle may be cited as ``Savanna's Act''.
SEC. 822. PURPOSES.
The purposes of this subtitle are--
(1) to clarify the responsibilities of Federal, State,
Tribal, and local law enforcement agencies with respect to
responding to cases of missing or murdered Indians;
(2) to increase coordination and communication among
Federal, State, Tribal, and local law enforcement agencies,
including medical examiner and coroner offices;
(3) to empower Tribal governments with the resources and
information necessary to effectively respond to cases of
missing or murdered Indians; and
(4) to increase the collection of data related to missing
or murdered Indian men, women, and children, regardless of
where they reside, and the sharing of information among
Federal, State, and Tribal officials responsible for responding
to and investigating cases of missing or murdered Indians.
SEC. 823. DEFINITIONS.
In this subtitle:
(1) Confer.--The term ``confer'' has the meaning given the
term in section 514 of the Indian Health Care Improvement Act
(25 U.S.C. 1660d).
(2) Databases.--The term ``databases'' means--
(A) the National Crime Information Center database;
(B) the Combined DNA Index System;
(C) the Next Generation Identification System; and
(D) any other database relevant to responding to
cases of missing or murdered Indians, including that
under the Violent Criminal Apprehension Program and the
National Missing and Unidentified Persons System.
(3) Indian.--The term ``Indian'' means a member of an
Indian Tribe.
(4) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(5) Indian land.--The term ``Indian land'' means Indian
lands, as defined in section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4302).
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(7) Law enforcement agency.--The term ``law enforcement
agency'' means a Tribal, Federal, State, or local law
enforcement agency.
SEC. 824. IMPROVING TRIBAL ACCESS TO DATABASES.
(a) Tribal Enrollment Information.--The Attorney General shall
provide training to law enforcement agencies regarding how to record
the Tribal enrollment information or affiliation, as appropriate, of a
victim in Federal databases.
(b) Consultation.--
(1) Consultation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General, in cooperation
with the Secretary of the Interior, shall complete a formal
consultation with Indian Tribes on how to further improve
Tribal data relevance and access to databases.
(2) Initial confer.--Not later than 180 days after the date
of enactment of this Act, the Attorney General, in coordination
with the Secretary of the Interior, shall confer with Tribal
organizations and urban Indian organizations on how to further
improve American Indian and Alaska Native data relevance and
access to databases.
(3) Annual consultation.--Section 903(b) of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (34 U.S.C. 20126) is amended--
(A) by striking paragraph (2) and inserting the
following:
``(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, homicide, stalking,
and sex trafficking;'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) improving access to local, regional, State, and
Federal crime information databases and criminal justice
information systems.''.
(c) Notification.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall--
(1) develop and implement a dissemination strategy to
educate the public of the National Missing and Unidentified
Persons System; and
(2) conduct specific outreach to Indian Tribes, Tribal
organizations, and urban Indian organizations regarding the
ability to publicly enter information, through the National
Missing and Unidentified Persons System or other non-law
enforcement sensitive portal, regarding missing persons, which
may include family members and other known acquaintances.
SEC. 825. GUIDELINES FOR RESPONDING TO CASES OF MISSING OR MURDERED
INDIANS.
(a) In General.--Not later than 60 days after the date on which the
consultation described in section 4(b)(1) is completed, the Attorney
General shall direct United States attorneys to develop regionally
appropriate guidelines to respond to cases of missing or murdered
Indians that shall include--
(1) guidelines on inter-jurisdictional cooperation among
law enforcement agencies at the Tribal, Federal, State, and
local levels, including inter-jurisdictional enforcement of
protection orders and detailing specific responsibilities of
each law enforcement agency;
(2) best practices in conducting searches for missing
persons on and off Indian land;
(3) standards on the collection, reporting, and analysis of
data and information on missing persons and unidentified human
remains, and information on culturally appropriate
identification and handling of human remains identified as
Indian, including guidance stating that all appropriate
information related to missing or murdered Indians be entered
in a timely manner into applicable databases;
(4) guidance on which law enforcement agency is responsible
for inputting information into appropriate databases under
paragraph (3) if the Tribal law enforcement agency does not
have access to those appropriate databases;
(5) guidelines on improving law enforcement agency response
rates and follow-up responses to cases of missing or murdered
Indians; and
(6) guidelines on ensuring access to culturally appropriate
victim services for victims and their families.
(b) Consultation.--United States attorneys shall develop the
guidelines required under subsection (a) in consultation with Indian
Tribes and other relevant partners, including--
(1) the Department of Justice;
(2) the Federal Bureau of Investigation;
(3) the Department of the Interior;
(4) the Bureau of Indian Affairs;
(5) Tribal, State, and local law enforcement agencies;
(6) medical examiners;
(7) coroners;
(8) Tribal, State, and local organizations that provide
victim services; and
(9) national, regional, or urban Indian organizations with
relevant expertise.
(c) Compliance.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the United States attorneys shall
implement, by incorporating into office policies and
procedures, the guidelines developed under subsection (a).
(2) Modification.--Each Federal law enforcement agency
shall modify the guidelines, policies, and protocols of the
agency to incorporate the guidelines developed under subsection
(a).
(3) Determination.--Not later than the end of each fiscal
year beginning after the date the guidelines are established
under this section and incorporated under this subsection, upon
the request of a Tribal, State, or local law enforcement
agency, the Attorney General shall determine whether the
Tribal, State, or local law enforcement agency seeking
recognition of compliance has incorporated guidelines into
their respective guidelines, policies, and protocols.
(d) Accountability.--Not later than 30 days after compliance
determinations are made each fiscal year in accordance with subsection
(c)(3), the Attorney General shall--
(1) disclose and publish, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that the Attorney General has determined
has incorporated guidelines in accordance with subsection
(c)(3);
(2) disclose and publish, including on the website of the
Department of Justice, the name of each Tribal, State, or local
law enforcement agency that has requested a determination in
accordance with subsection (c)(3) that is pending;
(3) collect the guidelines into a resource of examples and
best practices that can be used by other law enforcement
agencies seeking to create and implement such guidelines.
(e) Training and Technical Assistance.--The Attorney General shall
use the National Indian Country Training Initiative to provide training
and technical assistance to Indian Tribes and law enforcement agencies
on--
(1) implementing the guidelines developed under subsection
(a) or developing and implementing locally specific guidelines
or protocols for responding to cases of missing or murdered
Indians; and
(2) using the National Missing and Unidentified Persons
System and accessing program services that will assist Indian
Tribes with responding to cases of missing or murdered Indians.
SEC. 826. ANNUAL REPORTING REQUIREMENTS.
(a) Annual Reporting.--Beginning in the first fiscal year after the
date of enactment of this Act, the Attorney General shall include in
its annual Indian Country Investigations and Prosecutions report to
Congress information that--
(1) includes known statistics on missing Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(2) includes known statistics on murdered Indians in the
United States, available to the Department of Justice,
including--
(A) age;
(B) gender;
(C) Tribal enrollment information or affiliation,
if available;
(D) the current number of open cases per State;
(E) the total number of closed cases per State each
calendar year, from the most recent 10 calendar years;
and
(F) other relevant information the Attorney General
determines is appropriate;
(3) maintains victim privacy to the greatest extent
possible by excluding information that can be used on its own
or with other information to identify, contact, or locate a
single person, or to identify an individual in context; and
(4) includes--
(A) an explanation of why the statistics described
in paragraph (1) may not be comprehensive; and
(B) recommendations on how data collection on
missing or murdered Indians may be improved.
(b) Compliance.--
(1) In general.--Beginning in the first fiscal year after
the date of enactment of this Act, and annually thereafter, for
the purpose of compiling accurate data for the annual report
required under subsection (a), the Attorney General shall
request all Tribal, State, and local law enforcement agencies
to submit to the Department of Justice all relevant information
pertaining to missing or murdered Indians collected by the
Tribal, State, and local law enforcement agency, and in a
format provided by the Department of Justice that ensures the
streamlining of data reporting.
(2) Disclosure.--The Attorney General shall disclose and
publish annually, including on the website of the Department of
Justice, the name of each Tribal, State, or local law
enforcement agency that the Attorney General has determined has
submitted the information requested under paragraph (1) for the
fiscal year in which the report was published.
(c) Inclusion of Gender in Missing and Unidentified Persons
Statistics.--Beginning in the first calendar year after the date of
enactment of this Act, and annually thereafter, the Federal Bureau of
Investigation shall include gender in its annual statistics on missing
and unidentified persons published on its public website.
SEC. 827. IMPLEMENTATION AND INCENTIVE.
(a) Grant Authority.--Section 2101(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is
amended by adding at the end the following:
``(23) To develop, strengthen, and implement policies,
protocols, and training for law enforcement regarding cases of
missing or murdered Indians, as described in section 825 of
Savanna's Act.
``(24) To compile and annually report data to the Attorney
General related to missing or murdered Indians, as described in
section 826 of Savanna's Act.''.
(b) Grants to Indian Tribal Governments.--Section 2015 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10452(a)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(11) develop, strengthen, and implement policies,
protocols, and training for law enforcement regarding cases of
missing or murdered Indians, as described in section 825 of
Savanna's Act; and
``(12) compile and annually report data to the Attorney
General related to missing or murdered Indians, as described in
section 826 of Savanna's Act.''.
Subtitle D--Tribal Law and Order Reauthorization and Amendments Act
SEC. 831. SHORT TITLE.
This subtitle may be cited as the ``Tribal Law and Order
Reauthorization and Amendments Act of 2019''
PART I--TRIBAL LAW AND ORDER
SEC. 841. OFFICE OF JUSTICE SERVICES LAW ENFORCEMENT.
(a) Spending Report.--Section 3(c) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2802(c)) is amended--
(1) by striking paragraph (13);
(2) by redesignating paragraphs (14) through (18) as
paragraphs (13) through (17), respectively; and
(3) in subparagraph (C) of paragraph (15) (as
redesignated)--
(A) by inserting ``(for which any tribal
information may be summarized by State)'' after ``a
list''; and
(B) by striking ``and public safety and emergency
communications and technology needs'' and inserting
``public safety and emergency communications and
technology needs, and other administrative and
supporting needs of program operations, including
information technology and other equipment, travel, and
training''.
(b) Allowance for Rentals of Quarters and Facilities.--Section 8 of
the Indian Law Enforcement Reform Act (25 U.S.C. 2807) is amended--
(1) by striking the section heading and designation and all
that follows through ``Notwithstanding the limitation'' and
inserting the following:
``SEC. 8. ALLOWANCES.
``(a) Uniforms.--Notwithstanding the limitation''; and
(2) by adding at the end the following:
``(b) Rentals for Quarters and Facilities.--Notwithstanding section
5911 of title 5, United States Code, the Secretary, on recommendation
of the Director of the Office of Justice Services, shall establish
applicable rental rates for quarters and facilities for employees of
the Office of Justice Services.''.
(c) Background Checks for Tribal Justice Officials.--
(1) In general.--The Office of Justice Services shall
develop standards and deadlines for the provision of background
checks to tribal law enforcement and corrections officials.
(2) Timing.--
(A) Timing.--If a request for a background check is
made by an Indian tribe that has contracted or entered
into a compact for law enforcement or corrections
services with the Office of Justice Services pursuant
to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.), the Office of
Justice Services shall complete the check not later
than 60 days after the date of receipt of a completed
background application package, containing all of the
documentation and information requested by the Office
of Justice Services.
(B) Extension.--The Office of Justice Services may
extend the 60-day period required under subparagraph
(A) for completion of a background request for not more
than an additional 30 days upon written notice to the
Indian tribe that states the reason for the extension.
(3) Establishment of program.--
(A) In general.--The Secretary of the Interior
(referred to in this paragraph as the ``Secretary'')
shall establish a demonstration program for the purpose
of conducting or adjudicating, in coordination with the
Director of the Office of Justice Services, personnel
background investigations for applicants for law
enforcement positions in the Office of Justice
Services.
(B) Background investigations and security
clearance determinations.--
(i) OJS investigations.--As part of the
demonstration program established under this
paragraph, the Secretary, through the Office of
Justice Services, is authorized to carry out a
background investigation, security clearance
determination, or both a background
investigation and a security clearance
determination for an applicant for a law
enforcement position in the Office of Justice
Services.
(ii) Use of previous investigations and
determinations.--
(I) In general.--Subject to
subclause (II), as part of the
demonstration program established under
this paragraph, the Secretary, in
adjudicating background investigations
for applicants for law enforcement
positions in the Office of Justice
Services, shall consider previous
background investigations for an
applicant, security clearance
determinations for an applicant, or
both background investigations and
security clearance determinations for
an applicant, as the case may be, that
have been conducted by a State, local,
or Tribal Government, or by the Office
of Justice Services (or by the Bureau
of Indian Affairs before the date of
enactment of this Act), within the 5-
year period preceding the application
for employment with the Office of
Justice Services.
(II) Quality.--The Secretary shall
only consider previous background
investigations and security clearance
determinations for an applicant that
have been conducted by a State, local,
or Tribal Government if the Secretary
can verify that those previous
investigations and determinations, as
the case may be, are of a comparable
quality and thoroughness to
investigations and determinations
carried out by the Office of Justice
Services, the Office of Personnel
Management, or another Federal agency.
(III) Additional investigation.--
If, as described in subclause (I), the
Secretary considers an existing
background investigation, security
clearance determination, or both, as
the case may be, for an applicant that
has been carried out by a State, local,
or Tribal Government, or by the Office
of Justice Services (or by the Bureau
of Indian Affairs before the date of
enactment of this Act), the Secretary--
(aa) may carry out
additional investigation and
examination of the applicant if
the Secretary determines that
such additional information is
needed in order to make an
appropriate determination as to
the character and
trustworthiness of the
applicant before final
adjudication can be made and a
security clearance can be
issued; and
(bb) shall not initiate a
new background investigation
process with the National
Background Investigations
Bureau or other Federal agency
unless that new background
investigation process covers a
period of time that was not
covered by a previous
background investigation
process.
(IV) Agreements.--The Secretary may
enter into a Memorandum of Agreement
with a State, local, or Tribal
Government to develop steps to expedite
the process of receiving and obtaining
access to background investigation and
security clearance determinations for
use in the demonstration program.
(C) Sunset.--The demonstration program established
under this paragraph shall terminate 5 years after the
date of the commencement of the program.
(D) Sufficiency.--Notwithstanding any other
provision of law, a background investigation conducted
or adjudicated by the Secretary pursuant to the
demonstration program authorized under this paragraph
that results in the granting of a security clearance to
an applicant for a law enforcement position in the
Office of Justice Services shall be sufficient to meet
the applicable requirements of the Office of Personnel
Management or other Federal agency for such
investigations.
(E) Annual report.--The Secretary shall submit an
annual report to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the
House of Representatives on the demonstration program
established under this paragraph, which shall include a
description of--
(i) the demonstration program and any
relevant annual changes or updates to the
program;
(ii) the number of background
investigations carried out under the program;
(iii) the costs, including any cost
savings, associated with the investigation and
adjudication process under the program;
(iv) the processing times for the
investigation and adjudication processes under
the program;
(v) any Memoranda of Agreement entered into
with State, local, or Tribal Governments; and
(vi) any other information that the
Secretary determines to be relevant.
(F) GAO study and report.--
(i) Initial report.--Not later than 18
months after the beginning of the demonstration
program under this paragraph, the Comptroller
General of the United States shall prepare and
submit to Congress an initial report on such
demonstration program.
(ii) Final report.--Not later than 3 years
after the beginning of the demonstration
program under this paragraph, the Comptroller
General of the United States shall prepare and
submit to Congress a final report on such
demonstration program.
(iii) Tribal input.--In preparing the
reports under this subparagraph, the
Comptroller General shall prioritize input from
Indian Tribes regarding the demonstration
program under this paragraph.
(d) Law Enforcement and Judicial Training.--Section 4218(b) of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2451(b)) is amended by striking ``2011 through 2015'' and
inserting ``2020 through 2024''.
(e) Public Safety and Community Policing Grants.--Section 1701(j)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(j)) is amended--
(1) in paragraph (1), by striking ``any fiscal year'' and
inserting ``each fiscal year''; and
(2) in paragraph (4), by striking ``2011 through 2015'' and
inserting ``2020 through 2024''.
(f) Reorganization of the Office of Justice Services Within the
Department of the Interior.--
(1) In general.--Section 3 of the Indian Law Enforcement
Reform Act (25 U.S.C. 2802) is amended--
(A) in subsection (a), by striking ``, acting
through the Bureau,'';
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``in the Bureau'' and all
the follows through ``shall be responsible for--'' and
inserting ``under the Assistant Secretary for Indian
Affairs an office, to be known as the `Office of
Justice Services', the Director of which shall be
responsible for--'';
(C) in subsection (c)(16)--
(i) in subparagraph (A)(i), by striking
``Bureau'' and inserting ``Office of Justice
Services''; and
(ii) in subparagraph (C)--
(I) by striking ``tribal and Bureau
of Indian Affairs justice agencies''
and inserting ``tribal justice agencies
and the Office of Justice Services'';
and
(II) by striking ``Bureau
corrections'' and inserting ``Office of
Justice Services corrections'';
(D) in subsection (d)--
(i) in paragraph (2), by striking
``Bureau'' and inserting ``Office of Justice
Services'';
(ii) in paragraph (3), by striking
``Bureau'' and inserting ``Office of Justice
Services''; and
(iii) in paragraph (4)--
(I) in clause (i), by striking the
second sentence;
(II) by striking clause (ii); and
(III) by striking ``(4)(i) Criminal
investigative'' and inserting ``(4)
Criminal investigative''; and
(E) in subsection (e)(4)(B), by striking ``Bureau
of Indian Affairs'' and inserting ``Office of Justice
Services''.
(2) Definitions.--Section 2(3) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2801(3)) is amended by
striking ``Bureau'' each place it appears and inserting
``Office of Justice Services''.
(3) Law enforcement authority.--Section 4 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803) is amended in the
matter preceding paragraph (1) by striking ``the Bureau'' and
inserting ``the Office of Justice Services''.
(4) Acceptance of assistance.--Section 5(g) of the Indian
Law Enforcement Reform Act (25 U.S.C. 2804(g)) is amended, in
the matter preceding paragraph (1), by striking ``Bureau'' and
inserting ``Office of Justice Services''.
(5) Jurisdiction.--Section 7(b) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2806(b)) is amended by
striking ``Bureau'' and inserting ``Office of Justice
Services''.
(6) Savings provisions.--
(A) Continuing effect of legal documents.--
(i) In general.--The orders,
determinations, rules, regulations, permits,
agreements, grants, contracts, certificates,
licenses, registrations, privileges, and other
administrative actions described in clause (ii)
shall continue in effect according to the terms
of the administrative actions until modified,
terminated, superseded, set aside, or revoked--
(I) by operation of law; or
(II) otherwise in accordance with
applicable law by--
(aa) the President;
(bb) the Secretary of the
Interior;
(cc) another authorized
official; or
(dd) a court of competent
jurisdiction.
(ii) Description of administrative
actions.--An order, determination, rule,
regulation, permit, agreement, grant, contract,
certificate, license, registration, privilege,
or other administrative action referred to in
clause (i) is any order, determination, rule,
regulation, permit, agreement, grant, contract,
certificate, license, registration, privilege,
or other administrative action that--
(I) has been issued, made, granted,
or allowed to become effective, in the
performance of a function transferred
by this Act or an amendment made by
this Act, by--
(aa) the President;
(bb) the head of an agency;
(cc) an authorized Federal
official; or
(dd) a court of competent
jurisdiction; and
(II)(aa) is in effect on the date
of enactment of this Act; or
(bb)(AA) was final before the date
of enactment of this Act; and
(BB) will become effective on or
after the date of enactment of this
Act.
(B) Proceedings not affected.--
(i) Effect of act.--Nothing in this Act or
an amendment made by this Act affects any
proceeding (including a notice of proposed
rulemaking) or any application for a license,
permit, certificate, or financial assistance
pending before the Office of Justice Services
on the date of enactment of this Act with
respect to any function transferred by this Act
or an amendment made by this Act.
(ii) Treatment.--
(I) In general.--A proceeding or
application described in clause (i)
shall be continued in effect on and
after the date of enactment of this
Act.
(II) Orders, appeals, and fees.--
With respect to a proceeding described
in clause (i)--
(aa) appropriate orders and
appeals shall be issued or
filed, as applicable, and
payments shall be made pursuant
to those orders, as if this Act
had not been enacted; and
(bb) orders issued in such
a proceeding shall continue in
effect until modified,
terminated, superseded, or
revoked by--
(AA) an authorized
official;
(BB) a court of
competent jurisdiction;
or
(CC) operation of
law.
(iii) Effect of subparagraph.--Nothing in
this subparagraph prohibits the discontinuance
or modification of any proceeding described in
clause (i) under the same terms and conditions,
and to the same extent, that such proceeding
could have been discontinued or modified if
this Act had not been enacted.
(C) Suits not affected.--
(i) Effect of act.--Nothing in this Act or
an amendment made by this Act affects any
judicial action or proceeding commenced before
the date of enactment of this Act.
(ii) Treatment.--With respect to an action
described in clause (i), proceedings shall be
had, appeals taken, and judgments rendered in
the same manner, and with the same effect, as
if this Act had not been enacted.
(D) No abatement of actions.--No action or other
proceeding commenced by or against the Office of
Justice Services, or by or against any individual in
the official capacity of the individual as an officer
of the Office of Justice Services, shall abate by
reason of the enactment of this Act.
(E) Administrative actions relating to promulgation
of regulations.--Any administrative action relating to
the preparation or promulgation of a regulation by the
Secretary of the Interior relating to a function
transferred by this Act or an amendment made by this
Act may be continued by the Secretary of the Interior
with the same effect as if this Act had not been
enacted.
(F) References.--Any reference in any other Federal
law (including an Executive order, rule, or
regulation), in any delegation of authority, or in any
other document, of or relating to a department, agency,
or office from which a function is transferred by this
Act or an amendment made by this Act--
(i) to the Director of the Bureau of Indian
Affairs with respect to law enforcement
provisions is deemed to refer to the Secretary
of the Interior; and
(ii) to the Office of Justice Services of
the Bureau of Indian Affairs is deemed to refer
to the Office of Justice Services.
(g) Clarifying the Use of Intergovernmental Aid.--Section 5(a) of
the Indian Law Enforcement Reform Act (25 U.S.C. 2804(a)) is amended by
adding at the end the following:
``(4) Exemption.--Section 1342 of title 31, United States
Code, shall not apply to personnel or facilities subject to a
memorandum of agreement under paragraph (1).''.
(h) Addressing the Law Enforcement Shortage in Indian Country.--
Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(e)) is amended by adding at the end the following:
``(5) Expedited hiring of law enforcement officers.--If the
Secretary determines that a law enforcement or corrections
officer position within the Office of Justice Services is a
hard-to-fill duty station (including a duty station at a
district, office, or agency level), the Secretary may waive the
application of section 12 of the Act of June 18, 1934 (25
U.S.C. 5116) (commonly known as the `Indian Reorganization
Act').
``(6) Request to passover a preference eligible.--
``(A) In general.--Subject to subparagraph (B), the
Office of Justice Services (at the district, office, or
agency level) may request a passover of a preference
eligible in accordance with section 3318 of title 5,
United States Code.
``(B) Requirement.--If the Office of Justice
Services is requesting a passover of a preference
eligible under subparagraph (A), the Office of Justice
Services shall--
``(i) complete the Office of Personnel
Management Agency Request to Pass Over a
Preference Eligible or Object to an Eligible,
commonly known as `OPM Standard Form 62',
describing the reason for the request; and
``(ii) submit the completed form to the
appropriate officer within the Office of
Justice Services for a decision and
processing.''.
SEC. 842. AUTHORITY TO EXECUTE EMERGENCY ORDERS.
(a) In General.--Section 4 of the Indian Law Enforcement Reform Act
(25 U.S.C. 2803) (as amended by section 841(f)(3)) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting the following:
``(a) The Secretary''; and
(2) by adding at the end the following:
``(b)(1) In addition to the activities described in subsection (a),
the Secretary may authorize employees of the Office of Justice Services
with law enforcement responsibilities to execute an emergency civil
order of detention (referred to in this section as an `EOD'), or take
an individual into protective custody for emergency mental health
purposes, and transport that individual to an appropriate mental health
facility, when--
``(A) requested to do so by a tribal court of competent
civil jurisdiction pursuant to an EOD (when that court has
determined the individual likely poses serious harm to himself
or herself or others, and to the extent that the individual can
be detained in a mental health treatment facility); or
``(B) in the absence of an EOD, an employee who is
authorized by State or tribal law to take an individual into
protective custody for emergency mental health purposes
reasonably believes that an individual is mentally ill,
alcohol-dependent, or drug-dependent to such a degree that
immediate emergency action is necessary due to the likelihood
of serious harm to that individual or others.
``(2) In carrying out this subsection, employees of the Office of
Justice Services with law enforcement responsibilities--
``(A) shall take or cause such individual to be taken into
custody and immediately transport that individual to the
nearest mental health facility, either within or outside of
Indian country, for an initial assessment or other appropriate
treatment; and
``(B) will be given the full coverage and protection of
chapter 171 of title 28, United States Code (commonly known as
the `Federal Tort Claims Act'), and any other Federal tort
liability statute, both within and outside of Indian country.
``(3) Before implementing this subsection, the Office of Justice
Services and the United States Indian Police Academy shall--
``(A) establish appropriate standards regarding experience,
mental health and disability education, and other relevant
qualifications for employees of the Office of Justice Services
who are law enforcement personnel implementing this subsection;
and
``(B) provide training for such Office of Justice Services
employees.
``(4) Not later than 180 days after the date of enactment of this
subsection, the Office of Justice Services shall enter into agreements
with State and tribal mental health officials that outline the process
for carrying out an EOD or taking an individual into protective custody
in a case in which Office of Justice Services law enforcement provides
the primary law enforcement to a tribe.
``(5) There is authorized to be appropriated $1,500,000 to the
Office of Justice Services to implement this subsection, which shall
remain available until expended.
``(c) Corrections officers of the Office of Justice Services and
tribal corrections officers--
``(1) may carry out searches and seize evidence from
individuals incarcerated in an Indian country detention
facility; and
``(2) may carry out searches and seize evidence within any
Indian country detention facility.''.
(b) Definitions.--Section 2 of the Indian Law Enforcement Reform
Act (25 U.S.C. 2801) is amended by inserting after paragraph (8) the
following:
``(9) The term `tribal corrections officer' means an
officer who is--
``(A) employed by--
``(i) the Office of Justice Services; or
``(ii) an Indian tribe carrying out a
detention or corrections program, function,
service, or activity under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5301 et seq.); and
``(B) charged with the supervision of criminal
offenders or inmates in--
``(i) a tribal detention facility; or
``(ii) a detention facility of the Office
of Justice Services.''.
(c) Tribal Corrections Officers.--
(1) Protection of officers and employees of the united
states.--Section 1114 of title 18, United States Code, is
amended by inserting ``and a tribal corrections officer (as
defined in section 2 of the Indian Law Enforcement Reform Act
(25 U.S.C. 2801))'' after ``services''.
(2) Tort claims procedure exceptions.--Section 2680(h) of
title 28, United States Code, is amended by inserting ``,
including tribal corrections officers (as defined in section 2
of the Indian Law Enforcement Reform Act (25 U.S.C. 2801))''
after ``Government''.
(3) Compensation for work injuries.--Section 8191 of title
5, United States Code, is amended--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the semicolon and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) a tribal corrections officers (as defined in section
2 of the Indian Law Enforcement Reform Act (25 U.S.C.
2801)).''.
SEC. 843. DETENTION SERVICES.
(a) Incarcerated Individuals.--In accordance with the Act of August
5, 1954 (42 U.S.C. 2001 et seq.) (commonly referred to as the
``Transfer Act''), the Indian Health Service shall be responsible for
the medical care and treatment of all Indians detained or incarcerated
in an Office of Justice Services or tribal detention or correctional
center. Care shall be provided to those individuals without regard to
the individual's normal domicile.
(b) Memorandum of Agreement.--The Office of Justice Services and
the Indian Health Service shall enter a memorandum of agreement to
implement this section. Such agreement shall include provisions
regarding appropriate training, treatment locations for detained or
incarcerated individuals, and other matters relating to medical care
and treatment under this section.
SEC. 844. TRIBAL LAW ENFORCEMENT OFFICERS.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is
amended by inserting after section 4 the following:
``SEC. 4A. TRIBAL LAW ENFORCEMENT OFFICERS.
``(a) Notwithstanding any other provision of Federal law, law
enforcement officers of any Indian tribe that has contracted or
compacted any or all Federal law enforcement functions through the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.) shall have the authority to enforce Federal law within the
area under the tribe's jurisdiction, if--
``(1) the tribal officers involved have--
``(A) completed training that is comparable to that
of an employee of the Office of Justice Services who is
providing the same services in Indian country, as
determined by the Director of the Office of Justice
Services or the Director's designee;
``(B) passed an adjudicated background
investigation equivalent to that of an employee of the
Office of Justice Services who is providing the same
services in Indian country; and
``(C) received a certification from the Office of
Justice Services, as described in subsection (c); and
``(2) the tribe has adopted policies and procedures that
meet or exceed those of the Office of Justice Services for the
same program, service, function, or activity.
``(b) While acting under the authority granted by the Secretary
through an Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.) contract or compact, a tribal law enforcement
officer shall be deemed to be a Federal law enforcement officer for the
purposes of--
``(1) sections 111 and 1114 of title 18, United States
Code;
``(2) consideration as an eligible officer under subchapter
III of chapter 81 of title 5, United States Code; and
``(3) chapter 171 of title 28, United States Code (commonly
known as the `Federal Tort Claims Act').
``(c)(1) Not later than 12 months after the date of enactment of
this section, the Secretary shall develop procedures for the
credentialing of tribal officers under this section, independent of
section 5, to provide confirmation that tribal officers meet minimum
certification standards and training requirements for Indian country
peace officers, as proscribed by the Secretary.
``(2) Tribal law enforcement officers who choose to attend a State
or other equivalent training program approved by the Director of the
Office of Justice Services, or the Director's designee, rather than
attend the Indian Police Academy, shall be required to attend the IPA
Bridge Program, or an equivalent program, prior to receiving a
certification under this subsection.''.
SEC. 845. OVERSIGHT, COORDINATION, AND ACCOUNTABILITY.
The Attorney General, acting through the Deputy Attorney General,
shall coordinate and provide oversight for all Department of Justice
activities, responsibilities, functions, and programs to ensure a
coordinated approach for public safety in Indian communities,
accountability, and compliance with Federal law, including--
(1) the timely submission of reports to Congress;
(2) robust training, as required under Federal law and as
needed or requested by Indian tribes or Federal and State
officials relating to--
(A) public safety in Indian communities; and
(B) training outcomes demonstrating a better
understanding of public safety approaches in Indian
communities;
(3) the updating and improvements to United States attorney
operational plans;
(4) comprehensive evaluation and analysis of data,
including approaches to collecting better data, relating to
public safety in Indian communities; and
(5) other duties or responsibilities as needed to improve
public safety in Indian communities.
SEC. 846. INTEGRATION AND COORDINATION OF PROGRAMS.
(a) In General.--
(1) Consultation.--Not later than 18 months after the date
of enactment of this Act, the Secretary of the Interior, the
Secretary of Health and Human Services, and the Attorney
General shall consult with Indian tribes regarding--
(A) the feasibility and effectiveness of the
establishment of base funding for, and the integration
and consolidation of, Federal law enforcement, public
safety, and substance abuse and mental health programs
designed to support Indian tribal communities, for the
purposes of coordinating the programs, reducing
administrative costs, and improving services for Indian
tribes, individual Indians, and Indian communities;
(B) the use of a single application and reporting
system for the consolidated approach described in
subparagraph (A);
(C) the application of chapter 75 of title 31,
United States Code (commonly known as the ``Single
Audit Act'') to the consolidated approach described in
subparagraph (A);
(D) the processes for, and approaches for
addressing delays in, interagency transfer of funds for
the consolidated approach described in subparagraph
(A);
(E) the method for Federal oversight for the
consolidated approach described in subparagraph (A);
and
(F) any legal or administrative barriers to the
implementation of the consolidated approach described
in subparagraph (A).
(2) Responsibilities.--As part of the consultation
described in paragraph (1), each applicable unit of the
Department of the Interior, the Department of Health and Human
Services, and the Department of Justice shall identify--
(A) each program under the jurisdiction of that
unit that is designed to support Indian tribal
communities; and
(B) the regulations governing each program
described in subparagraph (A).
(3) Submission of plan.--Not later than 2 years after the
date of enactment of this Act, the Secretary of the Interior,
the Secretary of Health and Human Services, and the Attorney
General shall jointly submit to the Committee on Indian Affairs
of the Senate, the Committee on Natural Resources of the House
of Representatives, and the Committee on the Judiciary of the
House of Representatives a plan that includes--
(A) the findings of the consultation described in
paragraph (1);
(B) the programs identified in accordance with
paragraph (2);
(C) any legal or administrative barriers to the
implementation of the consolidated approach described
in paragraph (1)(A); and
(D) a method, approach, and timeline for
implementing the integration and consolidation
described in paragraph (1)(A).
(b) Program Evaluation.--Not later than 18 months after the date of
enactment of this Act, the Attorney General shall conduct an evaluation
of and submit to the Committee on Indian Affairs of the Senate, the
Committee on Natural Resources of the House of Representatives, the
Committee on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report on--
(1) law enforcement grants and other resources made
available to State, local, and tribal governments under current
requirements encouraging intergovernmental cooperation;
(2) benefits of, barriers to, and the need for
intergovernmental cooperation between State, local, and tribal
governments; and
(3) recommendations, if any, for incentivizing
intergovernmental cooperation, including any legislation or
regulations needed to achieve those incentives.
(c) Interagency Coordination and Cooperation.--
(1) Memorandum of agreement.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Attorney General,
acting through the Bureau of Prisons, the Secretary of
the Interior, acting through the Office of Justice
Services, and the Secretary of Health and Human
Services shall enter into a Memorandum of Agreement to
cooperate, confer, transfer funds (except that the
funding for the Office of Justice Services shall not be
reduced), share resources and, as permitted by law,
information on matters relating to the detention of
Indian inmates, the reduction of recidivism (including
through substance abuse treatment and mental and health
care services), and the lease or loan of facilities,
technical assistance, training, and equipment.
(B) Strategies and best practices.--Not later than
2 years after the date of enactment of this Act, the
Attorney General, the Secretary of the Interior, the
Secretary of Health and Human Services, and, as
appropriate, the Administrative Office of the United
States Courts shall enter into a Memorandum of
Agreement to develop, share, and implement effective
strategies, best practices, and resources, and transfer
funds (except that the funding for the Office of
Justice Services shall not be reduced), to improve the
re-entry of Indian inmates into Indian communities
after incarceration.
(2) Requirements.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, the Secretary of
the Interior, and the Secretary of Health and Human Services
shall--
(A) consult with and solicit comments from entities
as described in section 4205(c) of the Indian Alcohol
and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2411(c)); and
(B) submit to the Committee on Indian Affairs of
the Senate, the Committee on Natural Resources of the
House of Representatives, the Committee on the
Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report
regarding any legal or regulatory impediments to
carrying out subparagraphs (A) and (B) of paragraph
(1).
(3) Report.--Not later than 4 years after the date of
enactment of this Act, the Attorney General, the Secretary of
the Interior, and the Secretary of Health and Human Services
shall submit to the Committee on Indian Affairs of the Senate,
the Committee on Natural Resources of the House of
Representatives, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives a report regarding the implementation of the
Memoranda of Agreement under subparagraphs (A) and (B) of
paragraph (1).
SEC. 847. DATA SHARING WITH INDIAN TRIBES.
(a) Information Sharing With Indian Tribes.--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 indenting
appropriately;
(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.--Out of any funds available
and not otherwise obligated, the Attorney General shall
establish and carry out a tribal access program to enhance the
ability of tribal governments to access, enter information
into, and obtain information from, Federal criminal information
databases as authorized under this section.
``(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,
including for the purpose of conducting background checks,
shall be shared with Indian tribes of jurisdiction.''.
(b) Access to National Criminal Information Databases.--Section
233(b) of the Tribal Law and Order Act of 2010 (34 U.S.C. 41107; Public
Law 111-211) is amended 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 be permitted
access to national crime information databases;
``(B) technical assistance and training to Office
of Justice Services and tribal law enforcement
officials is provided to gain access and input ability
to use the National Criminal Information Center and
other national crime information databases pursuant to
section 534 of title 28, United States Code; and
``(C) the Federal Bureau of Investigation
coordinates with the Office of Justice Services to
ensure Indian tribal law enforcement agencies are
assigned appropriate credentials or ORI numbers for
uniform crime reporting purposes.''.
(c) Bureau of Justice Statistics.--Section 302(d) of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10132(d)) is
amended--
(1) by striking the subsection designation and all that
follows through ``To ensure'' in paragraph (1) and inserting
the following:
``(d) Justice Statistical Collection, Analysis, and
Dissemination.--
``(1) In general.--To ensure'';
(2) in paragraph (1)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) confer and cooperate with the Office of
Justice Services as needed to carry out the purposes of
this part, including by entering into cooperative
resource and data sharing agreements in conformity with
all laws and regulations applicable to the disclosure
and use of data.''; and
(3) in paragraph (2)--
(A) by striking ``The Director'' and inserting the
following:
``(A) In general.--The Director''; and
(B) by adding at the end the following:
``(B) Information sharing requirement.--Analysis of
the information collected under subparagraph (A) shall
be shared with the Indian tribe that provided the
information that was collected.''.
(d) Reports to Tribes.--Section 10(b) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2809(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively,
and indenting appropriately; and
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) 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
(4) by adding at the end the following:
``(2) Consultation.--Not later than 1 year after the date
of enactment of the Tribal Law and Order Reauthorization and
Amendments Act of 2019, and every 5 years thereafter, the
Attorney General shall consult with Indian tribes, including
appropriate tribal justice officials, regarding--
``(A) the annual reports described in paragraph (1)
to improve the data collected, the information
reported, and the reporting system; and
``(B) improvements to the processes for the
satisfaction of the requirements for coordination
described in paragraphs (1) and (3) of subsection (a),
or to the reporting requirements under paragraph
(1).''.
(e) Enhanced Ability of Tribal Governments To Use Federal Criminal
Information Databases.--The Attorney General is authorized to use any
balances remaining for the account under the heading ``violence against
women prevention and prosecution programs'' under the heading ``State
and Local Law Enforcement Activities Office on Violence Against Women''
of the Department of Justice from appropriations for full fiscal years
prior to the date of enactment of this Act for tracking violence
against Indian women, as authorized by section 905(b) of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (34
U.S.C. 20903), to enhance the ability of Tribal Government entities to
access, enter information into, and obtain information from, Federal
criminal information databases, as authorized by section 534 of title
28, United States Code. Some or all of such balances may be
transferred, at the discretion of the Attorney General, to the account
under the heading ``justice information sharing technology'' under the
heading ``General Administration'' of the Department of Justice for the
tribal access program for national crime information in furtherance of
the objectives described in the previous sentence.
SEC. 848. JUDICIAL ADMINISTRATION IN INDIAN COUNTRY.
(a) Bureau of Prisons Tribal Prisoner Program.--Section 234(c) of
the Tribal Law and Order Act of 2010 (25 U.S.C. 1302 note; Public Law
111-211) is amended--
(1) in paragraph (5), by striking ``3 years after the date
of establishment of the pilot program'' and inserting ``5 years
after the date of enactment of the Tribal Law and Order
Reauthorization and Amendments Act of 2019'';
(2) by redesignating paragraph (6) as paragraph (7);
(3) by inserting after paragraph (5) the following:
``(6) Consultation.--Not later than 1 year after the date
of enactment of the Tribal Law and Order Reauthorization and
Amendments Act of 2019, the Director of the Bureau of Prisons
and the Director of the Office of Justice Services shall
coordinate and consult with Indian tribes to develop
improvements in implementing the pilot program, including
intergovernmental communication, training, processes, and other
subject matters as appropriate.''; and
(4) in paragraph (7) (as redesignated), by striking
``paragraph shall expire--on the date that is 4 years after the
date on which the program is established'' and inserting
``subsection--
``(A) shall expire, with respect to any new
requests for confinement, on the date that is 9 years
after the date of enactment of the Tribal Law and Order
Reauthorization and Amendments Act of 2019; and
``(B) may be temporarily extended for offenders who
have been confined through the program under this
subsection before the expiration date described in
subparagraph (B) and whose underlying tribal conviction
has not yet expired, except in no case shall such
extension exceed the maximum period of time authorized
under tribal law, pursuant to section 202 of Public Law
90-284 (25 U.S.C. 1302) (commonly known as the `Indian
Civil Rights Act of 1968').''.
(b) Consultation for Juvenile Justice Reform.--Section 3 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended by adding
at the end the following:
``(g) Consultation for Juvenile Justice Reform.--Not later than 1
year after date of enactment of this subsection, the Director of the
Office of Justice Services, the Director of the Bureau of Prisons, the
Director of the Indian Health Service, the Administrator of the Office
of Juvenile Justice and Delinquency Prevention, and the Administrator
of the Substance Abuse and Mental Health Services Administration shall
consult with Indian tribes regarding Indian juvenile justice and
incarceration, including--
``(1) the potential for using Office of Justice Services or
tribal juvenile facilities for the incarceration of Indian
youth in the Federal system as alternative locations closer to
the communities of the Indian youth;
``(2) improving community-based options for the services
needed and available for Indian youth in Federal incarceration;
``(3) barriers to the use of--
``(A) alternatives to incarceration; or
``(B) cross-agency services for Indian youth in
incarceration; and
``(4) the application of the Federal sentencing guidelines
to Indian youth.''.
SEC. 849. FEDERAL NOTICE.
Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C.
2809) is amended by adding at the end the following:
``(d) Federal Notice.--On conviction in any district court of the
United States of an enrolled member of a federally recognized Indian
tribe, the Office of the United States Attorney for the district in
which the member was convicted may provide to the appropriate tribal
justice official notice of the conviction and any other pertinent
information otherwise permitted by law.''.
SEC. 850. DETENTION FACILITIES.
(a) Indian Law Enforcement Reform Act.--Section 3 of the Indian Law
Enforcement Reform Act (25 U.S.C. 2802) (as amended by section 848(b))
is amended by adding at the end the following:
``(h) Alternatives to Detention.--In carrying out the
responsibilities of the Secretary under this Act or title II of Public
Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968')
(25 U.S.C. 1301 et seq.), the Secretary shall authorize an Indian tribe
carrying out a contract or compact pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304 et seq.), on
request of the Indian tribe, to use any available detention funding
from the contract or compact for such appropriate alternatives to
detention to which the Indian tribe and Secretary, acting through the
Director of the Office of Justice Services, mutually agree.''.
(b) Indian Tribal Justice Act.--Section 103 of the Indian Tribal
Justice Act (25 U.S.C. 3613) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Alternatives to Detention.--In carrying out the
responsibilities of the Secretary under this Act or title II of Public
Law 90-284 (commonly known as the `Indian Civil Rights Act of 1968')
(25 U.S.C. 1301 et seq.), the Secretary shall authorize an Indian tribe
carrying out a contract or compact pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304 et seq.), on
request of the Indian tribe, to use any available detention funding
from the contract or compact for such appropriate alternatives to
detention to which the Indian tribe and Secretary, acting through the
Director of the Office of Justice Services, mutually agree.''.
(c) Juvenile Detention Centers.--Section 4220(b) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2453(b)) is amended by striking ``2011 through 2015'' each place
it appears and inserting ``2020 through 2024''.
(d) Payments for Incarceration on Tribal Land.--Section 20109(a) of
the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109) is amended by striking ``2011 through 2015'' and inserting
``2020 through 2024''.
SEC. 851. REAUTHORIZATION FOR TRIBAL COURTS TRAINING.
(a) Tribal Justice Systems.--Section 201 of the Indian Tribal
Justice Act (25 U.S.C. 3621) is amended by striking ``2011 through
2015'' each place it appears and inserting ``2020 through 2024''.
(b) Technical and Legal Assistance.--
(1) Authorization of appropriations.--Section 107 of the
Indian Tribal Justice Technical and Legal Assistance Act of
2000 (25 U.S.C. 3666) is amended by striking ``2011 through
2015'' and inserting ``2020 through 2024''.
(2) Grants.--Section 201(d) of the Indian Tribal Justice
Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681(d))
is amended by striking ``2011 through 2015'' and inserting
``2020 through 2024''.
SEC. 852. PUBLIC DEFENDERS.
The Indian Law Enforcement Reform Act is amended by inserting after
section 13 (25 U.S.C. 2810) the following:
``SEC. 13A. PUBLIC DEFENSE IN INDIAN COUNTRY.
``(a) In General.--Not later than one year after the date of
enactment of this Act, the Director of the Administrative Office of the
United States Courts shall collaborate and consult with Indian tribes,
including relevant tribal court personnel, regarding--
``(1) developing working relationships and maintaining
communication with tribal leaders and tribal community,
including the interchange and understanding of cultural issues
that may impact the effective assistance of counsel; and
``(2) providing technical assistance and training regarding
criminal defense techniques and strategies, forensics, and
reentry programs and strategies for responding to crimes
occurring in Indian country.
``(b) Sense of Congress.--It is the sense of Congress that the
Director of the Administrative Office of the United States Courts and
the Attorney General should work together to ensure that each district
that includes Indian country has sufficient resources to provide
adequate criminal defense representation for defendants in Indian
country.''.
SEC. 853. OFFENSES IN INDIAN COUNTRY: TRESPASS ON INDIAN LAND.
(a) In General.--Section 1165 of title 18, United States Code, is
amended--
(1) in the section heading, by striking ``Hunting,
trapping, or fishing on Indian land'' and inserting ``Criminal
trespass'';
(2) by inserting ``(referred to in this section as `tribal
land')'' after ``for Indian use'';
(3) by striking ``Whoever'' and inserting the following:
``(a) Hunting, Trapping, or Fishing on Indian Land.--Whoever''; and
(4) by adding at the end the following:
``(b) Violation of Tribal Exclusion Order.--
``(1) Definition of exclusion order.--In this subsection,
the term `exclusion order' means an order issued in a
proceeding by a court of an Indian tribe that temporarily or
permanently excludes a person from the Indian country of the
Indian tribe because of a criminal conviction or civil
adjudication under the laws of the tribal government for a
victimless crime such as--
``(A) criminal street gang activity (as defined
under section 521 of this title); or
``(B) the sale and distribution of controlled
substances (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)).
``(2) Violation described.--It shall be unlawful for any
person to knowingly violate the terms of an exclusion order
that was issued by a court of an Indian tribe in accordance
with paragraph (4).
``(3) Penalty.--Any person who violates paragraph (2) shall
be fined not more than $5,000, imprisoned for not more than 1
year, or both.
``(4) Requirements.--The violation described in paragraph
(2) applies only to an exclusion order--
``(A) for which--
``(i) the act occurs in the Indian country
of the Indian tribe;
``(ii) the court issuing the exclusion
order has jurisdiction over the parties and
matter under the law of the Indian tribe; and
``(iii) the underlying complaint included--
``(I) a plain statement of facts
that, if true, would provide the basis
for the issuance of an exclusion order
against the respondent;
``(II) the date, time, and place
for a hearing on the complaint; and
``(III) a statement informing the
respondent that if the respondent fails
to appear at the hearing on the
complaint, an order may issue, the
violation of which may result in--
``(aa) criminal prosecution
under Federal law; and
``(bb) the imposition of a
fine or imprisonment, or both;
``(B) for which a hearing on the underlying
complaint sufficient to protect the right of the
respondent to due process was held on the record, at
which the respondent was provided reasonable notice and
an opportunity to be heard and present testimony of
witnesses and other evidence as to why the order should
not issue;
``(C) that--
``(i) temporarily or permanently excludes
the respondent from the Indian country of the
Indian tribe; and
``(ii) includes a statement that a
violation of the order may result in--
``(I) criminal prosecution under
Federal law; and
``(II) the imposition of a fine or
imprisonment, or both; and
``(D) with which the respondent was served or of
which the respondent had actual notice.
``(5) Tribal court jurisdiction.--For purposes of this
section, a court of an Indian tribe shall have full civil
jurisdiction to issue and enforce exclusion orders involving
any person, including the authority to enforce any orders
through civil contempt proceedings, to exclude violators from
the Indian country of the Indian tribe, or otherwise within the
authority of the Indian tribe.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 18, United States Code, is amended by striking the
item relating to section 1165 and inserting the following:
``1165. Criminal trespass.''.
SEC. 854. RESOURCES FOR PUBLIC SAFETY IN INDIAN COMMUNITIES; DRUG
TRAFFICKING PREVENTION.
(a) Shadow Wolves.--
(1) In general.--There is established within the Bureau of
Immigration and Customs Enforcement of the Department of
Homeland Security a division to be known as the ``Shadow Wolves
Division''.
(2) Duties.--The Shadow Wolves Division shall--
(A) carry out such duties as are assigned by the
Director of the Bureau of Immigration and Customs
Enforcement; and
(B) in carrying out those duties, coordinate with
the Office of Justice Services and other applicable
Federal agencies and State and tribal governments.
(b) Reauthorization of Funding To Combat Illegal Narcotics
Trafficking.--Section 4216 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is amended by
striking ``2011 through 2015'' each place it appears and inserting
``2020 through 2024''.
(c) Maintenance of Certain Indian Reservation Roads.--The
Commissioner of U.S. Customs and Border Protection may transfer funds
to the Director of the Bureau of Indian Affairs to maintain or repair
roads under the jurisdiction of the Director, on the condition that the
Commissioner and the Director mutually agree that the primary user of
the subject road is U.S. Customs and Border Protection.
SEC. 855. SUBSTANCE ABUSE PREVENTION TRIBAL ACTION PLANS.
(a) Inter-Departmental Memorandum of Agreement.--Section 4205(a) of
the Indian Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2411(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``the Secretary of Agriculture, the Secretary of Housing and
Urban Development,'' after ``the Attorney General,'';
(2) in paragraph (2)(A), by inserting ``the Department of
Agriculture, the Department of Housing and Urban Development,''
after ``Services Administration,'';
(3) in paragraph (5), by inserting ``the Department of
Agriculture, the Department of Housing and Urban Development,''
after ``Services Administration,''; and
(4) in paragraph (7) by inserting ``the Secretary of
Agriculture, the Secretary of Housing and Urban Development,''
after ``the Attorney General,''.
(b) Reauthorization of Tribal Action Plans Funds.--Section
4206(d)(2) of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2412(d)(2)) is amended by striking
``2011 through 2015'' and inserting ``2020 through 2024''.
(c) Grants for Training, Education, and Prevention Programs.--
Section 4206(f)(3) of the Indian Alcohol and Substance Abuse Prevention
and Treatment Act of 1986 (25 U.S.C. 2412(f)(3)) is amended by striking
``2011 through 2015'' and inserting ``2020 through 2024''.
SEC. 856. OFFICE OF JUSTICE SERVICES SPENDING REPORT.
Section 3(c)(16)(C) of the Indian Law Enforcement Reform Act (25
U.S.C. 2802(c)(16)(C)) is amended by inserting ``health care,
behavioral health, and tele-health needs at tribal jails,'' after
``court facilities,''.
SEC. 857. TRAFFICKING VICTIMS PROTECTION.
Section 107(f)(3) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(f)(3)) is amended by adding at the end the following:
``(C) Report.--For each grant awarded under this
subsection, the Secretary of Health and Human Services
and the Attorney General, in consultation with the
Secretary of Labor, shall submit to Congress a report
that lists--
``(i) the total number of entities that
received a grant under this subsection that
directly serve or are Indian tribal governments
or tribal organizations; and
``(ii) the total number of health care
providers and other related providers that
participated in training supported by the pilot
program who are employees of the Indian Health
Service.''.
SEC. 858. REPORTING ON INDIAN VICTIMS OF TRAFFICKING.
(a) In General.--The Director of the Office of Justice Programs,
the Director of the Office on Violence Against Women, and the Assistant
Secretary for the Administration for Children and Families shall
require each grantee that receives funds to serve victims of severe
forms of trafficking in persons to report, as appropriate--
(1) the number of human trafficking victims served with
grant funding; and
(2) the number of human trafficking victims that are
members of an Indian tribe.
(b) Exceptions; Respecting Victim Privacy.--
(1) Rule of construction.--Nothing in this section shall be
construed to require an individual victim seeking services from
a grantee described in subsection (a) to report the
individual's Native American status or any other personally
identifiable information the individual wishes to remain
confidential.
(2) Prohibition on denial of service.--A grantee described
in subsection (a) may not deny services to a victim on the
basis that the victim declines to provide information on the
victim's Native American status or any other personally
identifiable information the victim wishes to remain
confidential.
(c) Report.--Not later than January 1 of each year, the Attorney
General shall submit to Congress a report on the data collected in
accordance with subsection (a).
PART II--IMPROVING JUSTICE FOR INDIAN YOUTH
SEC. 861. FEDERAL JURISDICTION OVER INDIAN JUVENILES.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) in paragraph (1), by inserting ``or Indian
tribe'' after ``court of a State''; and
(B) in paragraph (2), by inserting ``or Indian
tribe'' after ``the State'';
(2) in the second undesignated paragraph--
(A) in the first sentence, by inserting ``or Indian
tribe'' after ``such State''; and
(B) by adding at the end the following: ``In this
section, the term `Indian tribe' has the meaning given
the term in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5130).'';
(3) in the third undesignated paragraph, in the first
sentence, by inserting ``or Indian tribe'' after ``State''; and
(4) in the fourth undesignated paragraph, in the first
sentence--
(A) by inserting ``or Indian tribal'' after
``State''; and
(B) by inserting ``, or of a representative of an
Indian tribe of which the juvenile is a member,'' after
``counsel''.
SEC. 862. REAUTHORIZATION OF TRIBAL YOUTH PROGRAMS.
(a) Summer Youth Programs.--Section 4212(a)(3) of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25
U.S.C. 2432(a)(3)) is amended by striking ``2011 through 2015'' and
inserting ``2020 through 2024''.
(b) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
2433(e)) is amended, in paragraphs (1) and (2), by striking ``2011
through 2015'' each place it appears and inserting ``2020 through
2024''.
SEC. 863. ASSISTANCE FOR INDIAN TRIBES RELATING TO JUVENILE CRIME.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is
amended by adding at the end the following:
``SEC. 18. ASSISTANCE FOR INDIAN TRIBES RELATING TO JUVENILE CRIME.
``(a) Activities.--Not later than 1 year after the date of
enactment of this section, the Secretary shall coordinate with the
Secretary of Health and Human Services, the Attorney General, and the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention within the Department of Justice (referred to in this
section as the `Administrator')--
``(1) to assist Indian tribal governments in addressing
juvenile offenses and crime through technical assistance,
research, training, evaluation, and the dissemination of
information on effective, evidence-based, and promising
programs and practices for combating juvenile delinquency;
``(2) to conduct consultation, not less frequently than
biannually, with Indian tribes regarding--
``(A) strengthening the government-to-government
relationship between the Federal Government and Indian
tribes relating to juvenile justice issues;
``(B) improving juvenile delinquency programs,
services, and activities affecting Indian youth and
Indian tribes;
``(C) improving coordination among Federal
departments and agencies to reduce juvenile offenses,
delinquency, and recidivism;
``(D) the means by which traditional or cultural
tribal programs may serve or be developed as promising
or evidence-based programs;
``(E) a process and means of submitting to the
Attorney General and the Secretary an analysis and
evaluation of the effectiveness of the programs and
activities carried out for juvenile justice systems in
which Indian youth are involved, including a survey of
tribal needs; and
``(F) any other matters relating to improving
juvenile justice for Indian youth;
``(3) to develop a means for collecting data on the number
of offenses committed by Indian youth in Federal, State, and
tribal jurisdictions, including information regarding--
``(A) the offenses (including status offenses),
charges, disposition, and case outcomes for each Indian
youth;
``(B) whether the Indian youth was held in pre-
adjudication detention;
``(C) whether the Indian youth was removed from
home, and for which offenses;
``(D) whether the Indian youth was at any point
placed in secure confinement; and
``(E) an assessment of the degree to which the
notice of removal for status offenses was provided
under section 102(a) of the Act of November 8, 1978
(Public Law 95-608);
``(4) to develop a process for informing Indian tribal
governments when a juvenile member of that Indian tribe comes
in contact with the juvenile justice system of the Federal,
State, or other unit of local government and for facilitating
intervention by, the provision of services by, or coordination
with, such Indian tribe for any Indian juvenile member of that
Indian tribe or other local Indian tribes;
``(5) to facilitate the incorporation of tribal cultural or
traditional practices designed to reduce delinquency among
Indian youth into Federal, State, or other unit of local
government juvenile justice systems or programs;
``(6) to develop or incorporate in existing programs
partnerships among State educational agencies, local
educational agencies, and Bureau-funded schools (as defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); and
``(7) to conduct research and evaluate--
``(A) the number of Indian juveniles who, prior to
placement in the juvenile justice system, were under
the care or custody of a State or tribal child welfare
system and the number of Indian juveniles who are
unable to return to their family after completing their
disposition in the juvenile justice system and who
remain wards of the State or Indian tribe;
``(B) the extent to which State and tribal juvenile
justice systems and child welfare systems are
coordinating systems and treatment for the juveniles
referred to in subparagraph (A);
``(C) the types of post-placement services used;
``(D) the frequency of case plan reviews for
juveniles referred to in subparagraph (A) and the
extent to which these case plans identify and address
permanency and placement barriers and treatment plans;
``(E) services, treatment, and aftercare placement
of Indian juveniles who were under the care of the
State or tribal child protection system before their
placement in the juvenile justice system;
``(F) the frequency, seriousness, and incidence of
drug use by Indian youth in schools and tribal
communities;
``(G) in consultation and coordination with Indian
tribes--
``(i) the structure and needs of tribal
juvenile justice systems;
``(ii) the characteristics and outcomes for
youth in tribal juvenile systems; and
``(iii) recommendations for improving
tribal juvenile justice systems; and
``(H) educational program offerings for
incarcerated Indian juveniles, the educational
attainment of incarcerated Indian juveniles, and
potential links to recidivism among previously
incarcerated Indian juveniles and delayed educational
opportunities while incarcerated.
``(b) Consultation Policy.--Not later than 1 year after the date of
enactment of this section, the Attorney General and the Administrator
shall issue a tribal consultation policy for the Office of Juvenile
Justice and Delinquency Prevention to govern the consultation by the
Office to be conducted under subsection (a).
``(c) Action.--Not later than 3 years after the date of enactment
of the Tribal Law and Order Reauthorization and Amendments Act of 2019,
the Administrator shall implement the improvements, processes, and
other activities under paragraphs (3), (4), (5), and (6) of subsection
(a).
``(d) Report.--Not later than 3 years after the date of enactment
of the Tribal Law and Order Reauthorization and Amendments Act of 2019,
the Administrator shall submit to the Committee on the Judiciary and
the Committee on Indian Affairs of the Senate and the Committee on
Education and Labor of the House of Representatives a report that
summarizes the results of the consultation activities described in
subsection (a)(2) and consultation policy described in subsection (b),
recommendations, if any, for ensuring the implementation of paragraphs
(3), (4), (5), and (6) of subsection (a), and any recommendations of
the Coordinating Council on Juvenile Justice and Delinquency Prevention
regarding improving resource and service delivery to Indian tribal
communities.''.
SEC. 864. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11116) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Director of the
Indian Health Service,'' after ``the Secretary
of Health and Human Services,''; and
(ii) by striking ``Commissioner of
Immigration and Naturalization'' and inserting
``Assistant Secretary for Immigration and
Customs Enforcement, the Secretary of the
Interior, the Assistant Secretary for Indian
Affairs''; and
(B) in paragraph (2)(A), by striking ``United
States'' and inserting ``Federal Government''; and
(2) in subsection (c)(1)--
(A) in the first sentence, by inserting ``,
tribal,'' after ``State''; and
(B) in the second sentence, by inserting
``tribal,'' before ``and local''.
SEC. 865. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (34 U.S.C. 11313) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``tribe'' and inserting ``tribes''; and
(2) in subsection (d)(4), by striking ``2011 through 2015''
and inserting ``2020 through 2024''.
Subtitle E--BADGES for Native Communities Act
SEC. 871. SHORT TITLE.
This subtitle may be cited as the ``Bridging Agency Data Gaps and
Ensuring Safety for Native Communities Act'' or the ``BADGES for Native
Communities Act''.
SEC. 872. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Office of Justice Services.
(2) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means the Bureau of Indian Affairs direct-
service police, the Federal Bureau of Investigation, and any
other Federal law enforcement agency that--
(A) has jurisdiction over crimes in Indian country;
or
(B) investigates missing persons cases of interest
to Indian tribes, murder cases of interest to Indian
tribes, or unidentified remains cases of interest to
Indian tribes.
(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 country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(5) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(6) 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).
(7) Manslaughter.--The term ``manslaughter'' has the
meaning given the term in section 1112 of title 18, United
States Code.
(8) Missing.--The term ``missing'' has the meaning
determined by the applicable Federal law enforcement agency.
(9) Missing persons case of interest to indian tribes.--The
term ``missing persons case of interest to Indian tribes''
means a case involving--
(A) a missing Indian; or
(B) a missing person whose last known location is
believed to be on, in, or near Indian land.
(10) Murder.--The term ``murder'' has the meaning given the
term in section 1111 of title 18, United States Code.
(11) Murder case of interest to indian tribes.--The term
``murder case of interest to Indian tribes'' means a case
involving--
(A) a murdered Indian; or
(B) a person murdered on, in, or near Indian land.
(12) Murdered.--The term ``murdered'', with respect to a
person, means the person was the victim of--
(A) murder; or
(B) manslaughter.
(13) National crime information databases.--The term
``national crime information databases'' has the meaning given
the term in section 534(f)(3) of title 28, United States Code.
(14) Relevant tribal stakeholder.--The term ``relevant
Tribal stakeholder'' means, as applicable--
(A) an Indian tribe;
(B) a tribal organization; and
(C) a national or regional organization that--
(i) represents a substantial Indian
constituency; and
(ii) has expertise in the fields of--
(I) human trafficking;
(II) violence against women and
children; or
(III) Tribal justice systems.
(15) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(16) Tribal justice official.--The term ``tribal justice
official'' has the meaning given the term in section 2 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2801).
(17) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(18) Unidentified remains case of interest to indian
tribes.--The term ``unidentified remains case of interest to
Indian tribes'' means a case involving--
(A) unidentified Indian remains; or
(B) unidentified remains found on, in, or near
Indian land.
PART I--BRIDGING AGENCY DATA GAPS
SEC. 873. FEDERAL LAW ENFORCEMENT DATABASE REPORTING REQUIREMENTS.
(a) In General.--Section 151(a) of the Sex Offender Registration
and Notification Act (34 U.S.C. 20961(a)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) the National Missing and Unidentified Persons System,
to be used by a person accessing the System only within the
scope of the work of the person in assisting or supporting law
enforcement efforts to solve missing, unidentified, and
unclaimed person cases across the United States; and''.
(b) Sharing of Information.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall, in a manner that
maintains the integrity of confidential, private, and law enforcement
sensitive information, provide for information on missing persons and
unidentified remains contained in national crime information databases
to be transmitted to, entered in, and otherwise shared with the
National Missing and Unidentified Persons System.
(c) Temporary Reporting Requirements.--Until such time as the data
sharing procedures required under subsection (b) are in effect, each
Federal law enforcement agency shall enter into the National Missing
and Unidentified Persons System each missing persons case of interest
to Indian tribes and each unidentified remains case of interest to
Indian tribes reported to or investigated by the Federal law
enforcement agency.
(d) Coordination With NamUs Tribal Liaison.--The Director and the
Director of the Federal Bureau of Investigation shall each appoint a
liaison to coordinate with the 1 or more Tribal liaisons appointed
under section 874(a) to ensure that--
(1) all missing persons cases of interest to Indian tribes
and all unidentified remains cases of interest to Indian tribes
are fully captured in the National Missing and Unidentified
Persons System; and
(2) Indian tribes are aware of, and able to access,
information in the National Missing and Unidentified Persons
System.
SEC. 874. NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM TRIBAL
LIAISON.
(a) Appointment.--The Attorney General, acting through the Director
of the National Institute of Justice, shall appoint 1 or more Tribal
liaisons for the National Missing and Unidentified Persons System.
(b) Duties.--The duties of a Tribal liaison appointed under
subsection (a) shall include--
(1) coordinating the reporting of information relating to
missing persons cases of interest to Indian tribes and
unidentified remains cases of interest to Indian tribes;
(2) consulting and coordinating with relevant Tribal
stakeholders to address the reporting, documentation, and
tracking of missing persons cases of interest to Indian tribes
and unidentified remains cases of interest to Indian tribes;
(3) developing working relationships, and maintaining
communication, with relevant Tribal stakeholders;
(4) providing technical assistance and training to relevant
Tribal stakeholders, victim service advocates, medical
examiners, and tribal justice officials regarding--
(A) the gathering and reporting of information to
the National Missing and Unidentified Persons System;
and
(B) working with non-Tribal law enforcement
agencies to ensure all missing persons cases of
interest to Indian tribes and unidentified remains
cases of interest to Indian tribes are reported to the
National Missing and Unidentified Persons System;
(5) coordinating with the Office of Tribal Justice and the
Office of Justice Services, as necessary; and
(6) conducting other training, information gathering, and
outreach activities to improve resolution of missing persons
cases of interest to Indian tribes and unidentified remains
cases of interest to Indian tribes.
(c) Reporting and Transparency.--
(1) Annual reports to congress.--During the 3-year-period
beginning on the date of enactment of this Act, the Attorney
General, acting through the Director of the National Institute
of Justice, shall submit to the Committees on Indian Affairs
and the Judiciary of the Senate and the Committees on Natural
Resources and the Judiciary of the House of Representatives an
annual report--
(A) describing the activities and accomplishments
of the 1 or more Tribal liaisons appointed under
subsection (a) during the 1-year period preceding the
date of the report; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian tribes and unidentified
remains cases of interest to Indian tribes
listed in the National Missing and Unidentified
Persons System;
(ii) the percentage of missing persons
cases of interest to Indian tribes and
unidentified remains cases of interest to
Indian tribes closed during the 1-year period
preceding the date of the report; and
(iii) the reasons for those closures.
(2) Public transparency.--Annually, the Attorney General,
acting through the Director of the National Institute of
Justice, shall publish on a website publicly accessible
information--
(A) describing the activities and accomplishments
of the 1 or more Tribal liaisons appointed under
subsection (a) during the 1-year period preceding the
date of the publication; and
(B) summarizing--
(i) the number of missing persons cases of
interest to Indian tribes and unidentified
remains cases of interest to Indian tribes
listed in the National Missing and Unidentified
Persons System;
(ii) the percentage of missing persons
cases of interest to Indian tribes and
unidentified remains cases of interest to
Indian tribes closed during the 1-year period
preceding the date of the report; and
(iii) the reasons for those closures.
PART II--ENSURING SAFETY FOR NATIVE COMMUNITIES
SEC. 875. MISSING AND MURDERED RESPONSE COORDINATION GRANT PROGRAM.
(a) Establishment of Program.--The Attorney General shall establish
within the Office of Justice Programs a grant program under which the
Attorney General shall make grants to eligible entities described in
subsection (b) to carry out eligible activities described in subsection
(c).
(b) Eligible Entities.--
(1) In general.--To be eligible to receive a grant under
the grant program established under subsection (a) an entity
shall be--
(A) a relevant Tribal stakeholder;
(B) subject to paragraph (2), a State, in
consortium with a relevant Tribal stakeholder;
(C) a consortium of 2 or more relevant Tribal
stakeholders; or
(D) subject to paragraph (2), a consortium of 2 or
more States and 1 or more relevant Tribal stakeholders.
(2) State eligibility.--To be eligible under subparagraph
(B) or (D) of paragraph (1), a State shall demonstrate to the
satisfaction of the Attorney General that the State--
(A) reports missing persons cases in the State to
the national crime information databases; or
(B) if not, has a plan to do so using a grant
received under the grant program established under
subsection (a).
(c) Eligible Activities.--An eligible entity receiving a grant
under the grant program established under subsection (a) may use the
grant--
(1) to establish a statewide or regional center to document
and track missing persons cases of interest to Indian tribes
and murder cases of interest to Indian tribes;
(2) to establish a State or regional commission to respond
to, and to improve coordination between Federal law enforcement
agencies, and Tribal, State, and local law enforcement agencies
of the investigation of, missing persons cases of interest to
Indian tribes and murder cases of interest to Indian tribes;
and
(3) to document, develop, and disseminate resources for use
by Federal law enforcement agencies and Tribal, State, and
local law enforcement agencies for the coordination of the
investigation of missing persons cases of interest to Indian
tribes and murder cases of interest to Indian tribes.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $1,000,000 for each of fiscal
years 2020 through 2024.
SEC. 876. GAO STUDY ON FEDERAL LAW ENFORCEMENT AGENCY EVIDENCE
COLLECTION, HANDLING, AND PROCESSING.
(a) In General.--The Comptroller General of the United States shall
conduct a study--
(1) on the evidence collection, handling, and processing
procedures and practices of the Office of Justice Services and
the Federal Bureau of Investigation in exercising jurisdiction
over crimes involving Indians or committed in Indian country;
(2) on any barriers to evidence collection, handling, and
processing by the agencies referred to in paragraph (1);
(3) on the views of law enforcement officials at the
agencies referred to in paragraph (1) and their counterparts
within the Offices of the United States Attorneys concerning
any relationship between--
(A) the barriers identified under paragraph (2);
and
(B) United States Attorneys declination rates due
to insufficient evidence; and
(4) that includes a survey of barriers to evidence
collection, handling, and processing faced by State and local
law enforcement agencies that exercise jurisdiction over Indian
country under the Act of August 15, 1953 (67 Stat. 588, chapter
505), and the amendments made by that Act.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report describing the results of the study conducted
under subsection (a).
SEC. 877. BUREAU OF INDIAN AFFAIRS AND TRIBAL LAW ENFORCEMENT OFFICER
COUNSELING RESOURCES INTERDEPARTMENTAL COORDINATION.
The Secretary of Health and Human Services, acting through the
Director of the Indian Health Service and the Administrator of the
Substance Abuse and Mental Health Services Administration, and the
Attorney General shall coordinate with the Director to ensure that
Federal training materials and resources for establishing and
maintaining mental health wellness programs are available to Tribal and
Bureau of Indian Affairs law enforcement officers experiencing
occupational stress.
Subtitle F--Tribal Labor Sovereignty Act
SEC. 881. SHORT TITLE.
This subtitle may be cited as the ``Tribal Labor Sovereignty Act of
2019''.
SEC. 882. DEFINITION OF EMPLOYER.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any Indian tribe,
or any enterprise or institution owned and operated by an
Indian tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian tribe' means any Indian tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian tribe or individual or held by any Indian tribe
or individual subject to restriction by the United
States against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
Federally recognized Indian tribe.''.
TITLE IX--OFFICE ON VIOLENCE AGAINST WOMEN TECHNICAL CLARIFICATIONS
SEC. 901. OFFICE ON VIOLENCE AGAINST WOMEN TECHNICAL CLARIFICATIONS.
(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 the section heading, by striking ``violence against
women office'' and inserting ``office on violence against
women'';
(2) in subsection (a), by striking ``a Violence Against
Women Office'' and inserting ``an Office on Violence Against
Women'';
(3) in subsection (b), by inserting ``, not subsumed by any
other office'' after ``within the Department of Justice''; and
(4) in subsection (c)(2), by striking ``Violence Against
Women Act of 1994 (title IV 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 IV of Public Law 103-322), the Violence Against Women
Act of 2000 (division B of Public Law 106-386), the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162; 119 Stat. 2960), 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 title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10443) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``office on violence against
women'';
(2) in subsection (a), by striking ``Violence Against Women
Office'' and inserting ``Office on Violence Against Women'';
and
(3) in subsection (b)(2) by striking ``Violence Against
Women Act of 1994 (title IV of Public Law 103-322) or the
Violence Against Women Act of 2000 (division B of Public Law
106-386)'' and inserting ``Violence Against Women Act of 1994
(title IV of Public Law 103-322), the Violence Against Women
Act of 2000 (division B of Public Law 106-386), the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162; 119 Stat. 2960), 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) Duties and Functions of Director of the Office on Violence
Against Women.--Section 2004 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10444) is amended--
(1) in the section heading, by striking ``violence against
women office'' and inserting ``the office on violence against
women''; and
(2) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``Violence Against Women Act of 1994 (title IV
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 IV 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 IV of Public Law 103-322), the Violence
Against Women Act of 2000 (division B of Public Law 106-386),
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162; 119 Stat.
2960), the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4; 127 Stat. 54), and the Violence Against
Women Reauthorization Act of 2019''.
(d) Staff of Office on Violence Against Women.--Section 2005 of
title I the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10445) is amended, in section 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 X--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Closing the Law Enforcement
Consent Loophole Act of 2019''.
SEC. 1002. 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. 1003. INCENTIVE 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 section$5,500,000 for each of fiscal
years 2020 through 2024.
(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. 1004. 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 1003(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 1002, committed during the 1-year period covered by
the report.
TITLE XI--HOLDING VIOLENT CRIMINALS AND CHILD PREDATORS ACCOUNTABLE
SEC. 1101. ENHANCED PENALTIES.
(a) Sexual Abuse of a Minor or Ward.--Section 2243 of title 18,
United States Code, is amended by striking ``not more than 15 years''
each place the term appears and inserting ``for any number of years up
to life''.
(b) Abusive Sexual Contact.--Section 2244(c) of title 18, United
States Code, is amended by striking ``twice that otherwise provided in
this section'' and replace with ``up to life''.
(c) Sexual Exploitation of Children.--Section 2251 of title 18,
United States Code, is amended by striking subsection (e) and inserting
the following:
``(e)(1) Except as provided in paragraph (2), any person who
violates, or attempts or conspires to violate, this section shall be
fined under this title and imprisoned not less than 15 years or for
life.
``(2) In the case of a person described in paragraph (1) who--
``(A) has 1 prior conviction under this chapter, section
1591, chapter 71, chapter 109A, or chapter 117, or under
section 920 of title 10 (article 120 of the Uniform Code of
Military Justice), or under the laws of any State relating to
aggravated sexual abuse, sexual abuse, abusive sexual contact
involving a minor or ward, or sex trafficking of children, or
the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography,
the person shall be fined under this title and imprisoned for
not less than 25 years or for life; and
``(B) has 2 or more prior convictions under this chapter,
chapter 71, chapter 109A, or chapter 117, or under section 920
of title 10 (article 120 of the Uniform Code of Military
Justice), or under the laws of any State relating to the sexual
exploitation of children, the person shall be fined under this
title and imprisoned not less than 35 years or for life.
``(3) Any organization that violates, or attempts or conspires to
violate, this section shall be fined under this title.
``(4) Whoever, in the course of an offense under this section,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for not less than 30 years or for
life.''.
(d) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``not more than 20 years'' and
inserting ``not more than 40 years''; and
(B) by striking ``nor more than 40 years'' and
inserting ``or for life''; and
(2) in paragraph (2), by striking ``for not more than 20
years, or if'' and inserting ``for any number of years up to
life, or if''.
(e) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by striking ``for not more than 20 years, or
if'' and inserting ``for any number of years up to life, or if''.
(f) Interstate Domestic Violence.--Section 2261(b) of title 18,
United States Code, is amended--
(1) in paragraph (1), by striking ``for life or any term of
years'' and inserting ``for not less than 15 years or for
life'';
(2) in paragraph (2), by striking ``20 years'' and
inserting ``25 years''; and
(3) in paragraph (3), by striking ``10 years'' and
inserting ``15 years''.
SEC. 1102. 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:
``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 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.
SEC. 1103. MAXIMIZING ACCESS TO FORENSIC EXAMS.
Section 304(c)(1) of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40723(c)(1)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively; and
(2) by inserting before subparagraph (B) the following:
``(A) maximize access to forensic exams, including
by establishing or sustaining forensic nurse mobile
teams or units or telehealth programs;''.
SEC. 1104. STUDY ON STATE COVERAGE OF FORENSIC EXAMINATIONS AND RELATED
MEDICAL COSTS FOLLOWING A SEXUAL ASSAULT.
Not later than 270 days after the date of enactment of this Act,
the Comptroller General of the United States shall issue a report on
State requirements and funding for forensic exams conducted after
sexual assaults and any related medical expenses, as applicable--
(1) the total annual cost of conducting forensic exams
described in section 2010(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
(2) each funding source used to pay for forensic exams as
required under section 2010(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
(3) description of any State laws or policies to ensure
that individuals do not receive bills for forensic exams
conducted after sexual assaults, consistent with section
2010(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10449(b)), including any
oversight to ensure such individuals do not receive bills;
(4) identification of any best practices implemented to
ensure that individuals do not receive bills for forensic exams
conducted after sexual assaults;
(5) any requirements under State laws relating regarding
payment for medical expenses relating to a sexual assault,
which may include treatment of injuries associated with the
assault, imaging (including x-rays, MRIs, and CAT scans), and
other emergency medical care required as a result of the sexual
assault for which a victim receives a forensic exam;
(6) if State law requires the State to pay for medical
expenses described in paragraph (5)--
(A) detailed list of which medical expenses require
coverage;
(B) total annual cost of medical expenses related
to a sexual assault in which a victim receives a
forensic exam, outside of the cost of the forensic
exam;
(C) each funding source the State uses to pay for
medical expenses related to sexual assault in which a
victim receives a forensic exam.
TITLE XII--CHOOSE RESPECT
Subtitle A--Choose Respect Act
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ``Choose Respect Act''.
SEC. 1202. DESIGNATION.
(a) In General.--Chapter 1 of title 36, United States Code, is
amended by adding at the end the following:
``Sec. 146. Choose respect day
``(a) Designation.--October 1 is Choose Respect Day.
``(b) Recognition.--All private citizens and Federal, State, and
local governmental and legislative entities are encouraged to recognize
Choose Respect Day through proclamations, activities, and educational
efforts in furtherance of changing the culture around violence against
women.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 36, United States Code, is amended by adding at the
end the following:
``146. Choose Respect Day.''.
SEC. 1203. MEDIA CAMPAIGN.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office on Violence Against Women.
(2) National media campaign.--The term ``national media
campaign'' means the national ``Choose Respect'' media campaign
described in subsection (b).
(b) Media Campaign.--The Director shall, to the extent feasible and
appropriate, conduct a national ``Choose Respect'' media campaign in
accordance with this section for the purposes of--
(1) preventing and discouraging violence against women,
including domestic violence, dating violence, sexual assault,
and stalking by targeting the attitudes, perceptions, and
beliefs of individuals who have or are likely to commit such
crimes;
(2) encouraging victims of the crimes described in
paragraph (1) to seek help through the means determined to be
most effective by the most current evidence available,
including seeking legal representation; and
(3) informing the public about the help available to
victims of the crimes described in paragraph (1).
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section for the national media campaign may only be used for
the following:
(A) The purchase of media time and space, including
the strategic planning for, tracking, and accounting
of, such purchases.
(B) Creative and talent costs, consistent with
paragraph (2).
(C) Advertising production costs, which may include
television, radio, internet, social media, and other
commercial marketing venues.
(D) Testing and evaluation of advertising.
(E) Evaluation of the effectiveness of the national
media campaign.
(F) Costs of contracts to carry out activities
authorized by this section.
(G) Partnerships with professional and civic
groups, community-based organizations, including faith-
based organizations, and government organizations
related to the national media campaign.
(H) Entertainment industry outreach, interactive
outreach, media projects and activities, public
information, news media outreach, corporate sponsorship
and participation, and professional sports associations
and military branch participation.
(I) Operational and management expenses.
(2) Specific requirements.--
(A) Creative services.--In using amounts for
creative and talent costs under paragraph (1), the
Director shall use creative services donated at no cost
to the Government wherever feasible and may only
procure creative services for advertising--
(i) responding to high-priority or emergent
campaign needs that cannot timely be obtained
at no cost; or
(ii) intended to reach a minority, ethnic,
or other special audience that cannot
reasonably be obtained at no cost.
(B) Testing and evaluation of advertising.--In
using amounts for testing and evaluation of advertising
under paragraph (1)(D), the Director shall test all
advertisements prior to use in the national media
campaign to ensure that the advertisements are
effective with the target audience and meet industry-
accepted standards. The Director may waive this
requirement for advertisements using no more than 10
percent of the purchase of advertising time purchased
under this section in a fiscal year and no more than 10
percent of the advertising space purchased under this
section in a fiscal year, if the advertisements respond
to emergent and time-sensitive campaign needs or the
advertisements will not be widely utilized in the
national media campaign.
(C) Consultation.--For the planning of the campaign
under subsection (b), the Director may consult with--
(i) the Office for Victims of Crime, the
Administration on Children, Youth and Families,
and other related government entities;
(ii) State, local, and Tribal governments;
(iii) the prevention of domestic violence,
dating violence, sexual assault, or stalking,
including national and local non-profits; and
(iv) communications professionals.
(D) Evaluation of effectiveness of national media
campaign.--In using amounts for the evaluation of the
effectiveness of the national media campaign under
paragraph (1)(E), the Attorney General shall--
(i) designate an independent entity to
evaluate by April 20 of each year the
effectiveness of the national media campaign
based on data from any relevant studies or
publications, as determined by the Attorney
General, including tracking and evaluation data
collected according to marketing and
advertising industry standards; and
(ii) ensure that the effectiveness of the
national media campaign is evaluated in a
manner that enables consideration of whether
the national media campaign has contributed to
changes in attitude or behaviors among the
target audience with respect to violence
against women and such other measures of
evaluation as the Attorney General determines
are appropriate.
(d) Advertising.--In carrying out this section, the Director shall
ensure that sufficient funds are allocated to meet the stated goals of
the national media campaign.
(e) Responsibilities and Functions Under the Program.--
(1) In general.--The Director shall determine the overall
purposes and strategy of the national media campaign.
(2) Director.--
(A) In general.--The Director shall approve--
(i) the strategy of the national media
campaign;
(ii) all advertising and promotional
material used in the national media campaign;
and
(iii) the plan for the purchase of
advertising time and space for the national
media campaign.
(B) Implementation.--The Director shall be
responsible for implementing a focused national media
campaign to meet the purposes set forth in subsection
(b) and shall ensure--
(i) information disseminated through the
campaign is accurate and scientifically valid;
and
(ii) the campaign is designed using
strategies demonstrated to be the most
effective at achieving the goals and
requirements of subsection (b), which may
include--
(I) a media campaign, as described
in subsection (c);
(II) local, regional, or population
specific messaging;
(III) the development of websites
to publicize and disseminate
information;
(IV) conducting outreach and
providing educational resources for
women;
(V) collaborating with law
enforcement agencies; and
(VI) providing support for school-
based public health education classes
to improve teen knowledge about the
effects of violence against women.
(f) Prohibitions.--None of the amounts made available under
subsection (c) may be obligated or expended for any of the following:
(1) To supplant current antiviolence against women
community-based coalitions.
(2) To supplant pro bono public service time donated by
national and local broadcasting networks for other public
service campaigns.
(3) For partisan political purposes, or to express advocacy
in support of or to defeat any clearly identified candidate,
clearly identified ballot initiative, or clearly identified
legislative or regulatory proposal.
(4) To fund advertising that features any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
section 213 of Schedule C of title 5, Code of Federal
Regulations.
(5) To fund advertising that does not contain a primary
message intended to reduce or prevent violence against women.
(6) To fund advertising containing a primary message
intended to promote support for the national media campaign or
private sector contributions to the national media campaign.
(g) Financial and Performance Accountability.--The Director shall
cause to be performed--
(1) audits and reviews of costs of the national media
campaign pursuant to section 4706 of title 41, United States
Code; and
(2) an audit to determine whether the costs of the national
media campaign are allowable under chapter 43 of title 41,
United States Code.
(h) Report to Congress.--The Director shall submit on an annual
basis a report to Congress that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the national media campaign were
accomplished;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the national media campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse;
(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the national
media campaign;
(6) the results of any financial audit of the national
media campaign;
(7) a description of any evidence used to develop the
national media campaign;
(8) specific policies and steps implemented to ensure
compliance with this section;
(9) a detailed accounting of the amount of funds obligated
during the previous fiscal year for carrying out the national
media campaign, including each recipient of funds, the purpose
of each expenditure, the amount of each expenditure, any
available outcome information, and any other information
necessary to provide a complete accounting of the funds
expended; and
(10) a review and evaluation of the effectiveness of the
national media campaign strategy for the past year.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section $5,000,000 for
each of fiscal years 2020 through 2029, to remain available until
expended.
Subtitle B--Legal Assistance for Victims
SEC. 1211. 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) by striking subsection (a) and inserting the following:
``(a) In General.--The purpose of this section is to enable to the
Attorney General to award grants to increase the availability of civil
and criminal legal assistance necessary to provide effective aid to
adult and youth victims of domestic violence, dating violence,
stalking, or sexual assault who are seeking relief in legal matters
relating to or arising out of that abuse or violence, at minimal or no
cost to the victims. When legal assistance to a dependent is necessary
for the safety of a victim, such assistance may be provided. Criminal
legal assistance provided for under this section shall be limited to
criminal matters relating to or arising out of domestic violence,
sexual assault, dating violence, and stalking. To the extent
practicable, the Attorney General shall award grants to entities in
every State, with the goal of serving the maximum amount of victims
throughout the country.''; and
(2) in subsection (f)(1), by striking ``$57,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$80,000,000 for each of fiscal years 2020 through 2029''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
not take effect until October 1, 2020.
SEC. 1212. REPORT ON PROTECTION ORDER SERVICE PROCESSES.
The Attorney General shall submit to Congress a report on service
processes for protection orders, and potential improvements to
efficiency and safety through the use of electronic service process
methods, including--
(1) a summary of the current methods of serving and
enforcing protection orders in various jurisdictions;
(2) statistics on the efficiency and safety of the methods
described in paragraph (1), including statistics on how often
process servers succeed in serving protection orders on the
intended recipients or targets in the various jurisdictions;
(3) an analysis of potential improvements to the efficiency
and safety described in paragraph (2) across various
jurisdictions by using electronic service methods;
(4) recommendations on the implementation of electronic
service methods in various jurisdictions; and
(5) an analysis of potential issues with electronic service
methods with regard to technology and due process.
TITLE XIII--COMBATTING FEMALE GENITAL MUTILATION OR CUTTING
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Federal Prohibition of Female
Genital Mutilation Act of 2019''.
SEC. 1302. FINDINGS.
Congress finds the following:
(1) Congress has previously prohibited the practice of
female genital mutilation on minors, which causes physical and
psychological harm and is often beyond the ability of any
single State or jurisdiction to control.
(2) Individuals who perform the practice of female genital
mutilation on minors rely on a connection to interstate or
foreign commerce, such as interstate or foreign travel, the
transmission or receipt of communications in interstate or
foreign commerce, or interstate or foreign payments of any kind
in furtherance of this conduct.
(3) Amending section 116 of title 18, United States Code,
to specify a link to interstate or foreign commerce would
confirm that Congress has the affirmative power to prohibit
this conduct.
SEC. 1303. AMENDMENTS TO CURRENT LAW PROHIBITING FEMALE GENITAL
MUTILATION.
Section 116 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``, in any circumstance
described in subsection (e),'' after ``whoever''; and
(2) by adding at the end the following:
``(e) For purposes of subsection (a), the circumstances described
in this subsection are that--
``(1) the defendant or victim traveled in interstate or
foreign commerce, or traveled using a means, channel, facility,
or instrumentality of interstate or foreign commerce, in
furtherance of or in connection with the conduct described in
subsection (a);
``(2) the defendant used a means, channel, facility, or
instrumentality of interstate or foreign commerce in
furtherance of or in connection with the conduct described in
subsection (a);
``(3) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the conduct
described in subsection (a) using any means, channel, facility,
or instrumentality of interstate or foreign commerce or in or
affecting interstate or foreign commerce;
``(4) the defendant transmitted in interstate or foreign
commerce any communication relating to or in furtherance of the
conduct described in subsection (a) using any means, channel,
facility, or instrumentality of interstate or foreign commerce
or in or affecting interstate or foreign commerce by any means
or in any manner, including by computer, mail, wire, or
electromagnetic transmission;
``(5) the conduct described in subsection (a) occurred
within the special maritime and territorial jurisdiction of the
United States, or within the District of Columbia or any
territory or possession of the United States; or
``(6) the conduct described in subsection (a) otherwise
occurred in or affected interstate or foreign commerce.''.
SEC. 1304. INCREASED PENALTY FOR FEMALE GENITAL MUTILATION.
(a) In General.--Section 116 of title 18, United States Code, is
amended by striking ``5 years'' each place the term appears and
inserting ``15 years''.
(b) Sense of Congress.--It is the sense of Congress that States
should have in place laws that require health care professionals,
teachers, and other school employees to report to local law enforcement
agencies any instance of suspected female genital mutilation.
SEC. 1305. PILOT PROGRAM TO PREVENT AND RESPOND TO FEMALE GENITAL
MUTILATION OR CUTTING.
(a) Definitions.--In this section:
(1) Bodily injury.--The term ``bodily injury'' has the
meaning given the term in section 1365(h) of title 18, United
States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, territorial, or Tribal law
enforcement agency;
(B) a national, regional, or local victim services
organization; or
(C) a State, local, territorial, or Tribal law
enforcement agency working in collaboration with a
national, regional, or local organization.
(3) Female genital mutilation or cutting.--The term
``female genital mutilation or cutting'' means intentionally
circumcising, excising, infibulating the whole or any part of
the labia majora or labia minora or clitoris, or in any way
causing bodily injury to the female genitalia for non-medical
reasons.
(b) Award.--The Attorney General, acting through the Director of
the Office on Violence Against Women, shall award grants to eligible
entities on a competitive basis to create, implement, and oversee
female genital mutilation or cutting education, awareness, and
prevention pilot programs.
(c) Period of a Grant.--The period of a grant under this subsection
shall be up to 2 years.
(d) Term.--The Attorney General shall make grants under this
section for each of the first 6 fiscal years beginning after the date
of enactment of this Act.
(e) Preference.--In awarding grants under this subsection, the
Secretary shall give preference to eligible entities serving
communities with the highest estimate of women and girls at risk of
experiencing female genital mutilation or cutting.
(f) Use of Funds.--Any female genital mutilation or cutting
education, awareness, and prevention pilot program funded under this
subsection may--
(1) provide education on the harmful effects of female
genital mutilation or cutting;
(2) provide education and resources for treatment of female
genital mutilation or cutting;
(3) engage in public service announcement campaigns to
educate the community on the practice and prevention of female
genital mutilation or cutting; or
(4) provide training to law enforcement agencies, medical
personnel, social service agencies, or other community leaders
regarding the practice, prevention, and detection of female
genital mutilation or cutting.
(g) Limitation.--Of the funds received through a grant under this
section for a fiscal year, an eligible entity shall not use more than
10 percent for program evaluation.
(h) Reports.--
(1) In general.--Each entity that receives a grant under
paragraph (1) shall submit a report to the Attorney General
that includes information such as the methodology of and
outcomes and statistics from the pilot program.
(2) Report to congress.--Not later than 1 year after the
date on which the first grant is awarded under this Act and
annually thereafter for the duration of the pilot program, the
Attorney General shall submit to Congress a report on the pilot
program, based on the reports submitted by grant recipients
under paragraph (1).
(i) Authorization of Appropriations.--The Attorney General shall
carry out this section using amounts otherwise available to the
Attorney General.
SEC. 1306. REPORTING ON FEMALE GENITAL MUTILATION OR CUTTING.
The Director of the Federal Bureau of Investigation shall, pursuant
to section 534 of title 28, United States Code, include the offense of
female genital mutilation in the National Incident-Based Reporting
System (commonly known as ``NIBRS'').
TITLE XIV--EMPOWERING VICTIMS OF REVENGE PORNOGRAPHY
SEC. 1401. EMPOWERING VICTIMS OF REVENGE PORNOGRAPHY.
(a) Definition.--In this section, the term ``covered work'' means a
work involving pornography.
(b) Registration.--Section 408 of title 17, United States Code, is
amended by adding at the end the following:
``(g) Works Involving Pornography.--With respect to a work
involving pornography, in the absence of a validly executed contract
assigning ownership of the work, any individual appearing in the work
may obtain registration under this section of a copyright claim in the
work as a joint work.''.
(c) Licensing.--The licensing or sale of a covered work may be made
only with the consent of all individuals appearing in the work.
(d) Infringement and Remedies.--With respect to a covered work--
(1) infringement of the work shall be subject to the
remedies provided under chapter 5 of title 17, United States
Code; and
(2) an individual appearing in the work may submit a
request under section 512(h) of title 17, United States Code,
with respect to the identification of an alleged infringer of
the work.
TITLE XV--CREEPS ACT
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Compulsory Requirement to
Eliminate Employees who are Perpetrators of Sexual assault Act of
2019'' or the ``CREEPS Act''.
SEC. 1502. SEXUAL ASSAULT BY FEDERAL EMPLOYEES AND CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``becomes final'' means--
(A) that--
(i) there is a final agency action; and
(ii)(I) the time for seeking judicial
review of the final agency action has lapsed
and judicial review has not been sought; or
(II) judicial review of the final agency
action was sought and final judgment has been
entered upholding the agency action; or
(B) that final judgment has been entered in a civil
action;
(2) the term ``bonus''--
(A) means any bonus or cash award; and
(B) with respect to a Federal employee, includes--
(i) an award under chapter 45 of title 5,
United States Code;
(ii) an award under section 5384 of title
5, United States Code; and
(iii) a retention bonus under section 5754
of title 5, United States Code;
(3) the term ``civil service'' has the meaning given that
term in section 2101 of title 5, United States Code;
(4) the term ``contractor'' includes a subcontractor, at
any tier, of an individual or entity entering into a contract
with the Federal Government;
(5) the term ``Federal employee'' has the meaning given the
term ``employee'' in section 2105 of title 5, United States
Code, without regard to whether the employee is exempted from
the application of some or all of such title 5;
(6) the term ``sexual assault offense'' means a criminal
offense under Federal law or the law of a State that includes
as an element of the offense that the defendant engaged in a
nonconsensual sexual act upon another person; and
(7) the term ``sustained complaint involving sexual
assault'' means an administrative or judicial determination
that an employer engaged in an unlawful employment practice
under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) which included, as part of the course of conduct
constituting the unlawful employment practice, that an employee
of the employer engaged in a nonconsensual sexual act upon
another person.
(b) Federal Employees.--
(1) Criminal convictions.--The head of the agency, office,
or other entity employing a Federal employee who is convicted
of a sexual assault offense committed while a Federal employee
shall, after notice and an opportunity for a hearing, remove
the Federal employee from the civil service.
(2) Unlawful employment practices.--During the 5-year
period beginning on the date on which a sustained complaint
involving sexual assault with respect to an agency, office, or
other entity employing Federal employees becomes final, the
head of the agency, office, or other entity may not increase
the rate of basic pay (including any increase in grade and any
within-grade step increase) of a Federal employee who engaged
in a nonconsensual sexual act upon another person that was part
of the course of conduct constituting the applicable unlawful
employment practice, award such a Federal employee a bonus, or
promote such a Federal employee.
(3) Interaction with other laws.--The authority under this
subsection is in addition to any authority provided to the head
of an agency, office, or other entity employing Federal
employees.
(c) Contractors.--Any contract to procure property or services
entered into or modified by the Federal Government on or after the date
of enactment of this Act shall require that the contractor have in
effect policies that require that--
(1) the contractor shall, after notice and an opportunity
for a hearing, terminate an employee of the contractor who is
convicted of a sexual assault offense committed while an
employee of the contractor; and
(2) during the 5-year period beginning on the date on which
a sustained complaint involving sexual assault with respect to
the contractor becomes final, the contractor may not increase
the rate of basic pay of an employee of the contractor who
engaged in a nonconsensual sexual act upon another person that
was part of the course of conduct constituting the applicable
unlawful employment practice, award such an employee a bonus,
or promote such an employee.
TITLE XVI--ADDITIONAL GRANT PROGRAMS
SEC. 1601. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C.
12402) is amended by striking ``$3,000,000 for each of fiscal years
2014 through 2018'' and inserting ``$3,300,000 for each of fiscal years
2020 through 2029''.
SEC. 1602. 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 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), $1,100,000 for each of
fiscal years 2020 through 2029.''.
SEC. 1603. 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 ``$2,300,000 for each of fiscal years
2014 through 2018'' and inserting ``$3,000,000 for each of fiscal years
2020 through 2029''.
SEC. 1604. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994 (34
U.S.C. 12311(c)) is amended by striking ``$5,000,000 for each of fiscal
years 2014 through 2018'' and inserting ``$5,500,000 for each of fiscal
years 2020 through 2029''.
SEC. 1605. 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 ``$12,000,000 for each of fiscal years
2014 through 2018'' and inserting ``$15,000,000 for each of fiscal
years 2020 through 2029''.
Calendar No. 308
116th CONGRESS
1st Session
S. 2920
_______________________________________________________________________
A BILL
To reauthorize the Violence Against Women Act of 1994, and for other
purposes.
_______________________________________________________________________
November 21, 2019
Read the second time and placed on the calendar
Violence Against Women Reauthorization Act of 2019
#2920 | S Congress #116
Policy Area: Crime and Law Enforcement
Subjects: Administrative law and regulatory proceduresAdministrative remediesAgingAssault and harassment offensesChild safety and welfareCongressional oversightCrime preventionCrime victimsCrimes against childrenCrimes against womenCriminal investigation, prosecution, interrogationCriminal justice information and recordsDepartment of JusticeDetention of personsDomestic violence and child abuseEmergency medical services and trauma careEmployee hiringEmployment discrimination and employee rightsEvidence and witnesses
Last Action: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 308. (11/21/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text