H.R. 1585 — what changed
Violence Against Women Reauthorization Act of 2019
From Reported in House to Engrossed in House. 37 sections amended and 17 added between Reported in House and Engrossed in House.
Sec. 2 Universal definitions and grant conditions
Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) is amended—
“(39) Internet enabled device—The term internet enabled device means devices that have a connection the Internet, send and receive information and data, and maybe accessed via mobile device technology, video technology, or computer technology, away from the location where the device is installed, and may include home automation systems, door locks, and thermostats.
“(40) Technological abuse—The term technological abuse means behavior intended to harm, threaten, intimidate, control, stalk, harass, impersonate, or monitor, except as otherwise permitted by law, another person, that occurs using the Internet, internet enabled devices, social networking sites, computers, mobile devices, cellular telephones, apps, location tracking devices, instant messages, text messages, or other forms of technology. Technological abuse may include—
“(A) unwanted, repeated telephone calls, text messages, instant messages, or social media posts;
“(B) non-consensual accessing e-mail accounts, texts or instant messaging accounts, social networking accounts, or cellular telephone logs;
“(C) controlling or restricting a person’s ability to access technology with the intent to isolate them from support and social connection;
“(D) using tracking devices or location tracking software for the purpose of monitoring or stalking another person’s location;
“(E) impersonating a person (including through the use of spoofing technology in photo or video or the creation of accounts under a false name) with the intent to deceive or cause harm; or
changed
“(F) sharing or urging or compelling the sharing of another person’s private information, photographs, or videos without their consent.”consent.
added “(41) Female genital mutilation—The terms female genital mutilation, female genital cutting, FGM/C, or female circumcision mean the intentional removal or infibulation (or both) of either the whole or part of the external female genitalia for non-medical reasons. External female genitalia includes the pubis, labia minora, labia majora, clitoris, and urethral and vaginal openings.”
“(13) Digital services—The term digital services means services, resources, information, support or referrals provided through electronic communications platforms and media, whether via mobile device technology, video technology, or computer technology, including utilizing the internet, as well as any other emerging communications technologies that are appropriate for the purposes of providing services, resources, information, support, or referrals for the benefit of victims of domestic violence, dating violence, sexual assault, or stalking.
“(14) Economic abuse—The term economic abuse, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to—
“(A) restrict a person’s access to money, assets, credit, or financial information;
“(B) unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or
“(C) exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.
“(15) Elder abuse—The term elder abuse has the meaning given that term in section 2 of the Elder Abuse Prevention and Prosecution Act. The terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j).
“(16) Forced marriage—The term forced marriage means a marriage to which one or both parties do not or cannot consent, and in which one or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking.
“(17) Homeless—The term homeless has the meaning given such term in section 41403(6).”
“(10) Domestic violence—The term domestic violence means a pattern of behavior involving the use or attempted use of physical, sexual, verbal, emotional, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, by a person who—
“(A) is a current or former spouse or dating partner of the victim, or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction;
“(B) is cohabitating with or has cohabitated with the victim as a spouse or dating partner, or other person similarly situated to a spouse of the victim under the family or domestic violence laws of the jurisdiction;
“(C) shares a child in common with the victim;
“(D) is an adult family member of, or paid or nonpaid caregiver for, a victim aged 50 or older or an adult victim with disabilities; or
“(E) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.”
changed
“(7) Court-based and court-related personnel—The term terms court-based personnel and court-related personnel means mean persons working in the court, whether paid or volunteer, including—
“(A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process;
“(B) court security personnel;
“(C) personnel working in related, supplementary offices or programs (such as child support enforcement); and
“(D) any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system.”
“(3) Alternative justice response—The term alternative justice response means a process, whether court-ordered or community-based, that—
“(A) involves, on a voluntary basis, and to the extent possible, those who have committed a specific offense and those who have been harmed as a result of the offense;
“(B) has the goal of collectively seeking accountability from the accused, and developing a process whereby the accused will take responsibility for his or her actions, and a plan for providing relief to those harmed, through allocution, restitution, community service, or other processes upon which the victim, the accused, the community, and the court (if court-ordered) can agree;
“(C) is conducted in a framework that protects victim safety and supports victim autonomy; and
“(D) provides that information disclosed during such process may not be used for any other law enforcement purpose, including impeachment or prosecution, without the express permission of all participants.”
“(1) Abuse in later life—The term abuse in later life means neglect, abandonment, domestic violence, dating violence, sexual assault, or stalking of an adult over the age of 50 by any person, or economic abuse of that adult by a person in an ongoing, relationship of trust with the victim. Self-neglect is not included in this definition.”
changed
“(G) Death of the party whose privacy had been protected—In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, such requirement shall continue to apply, and the right to authorize release of any confidential or protected information is be vested in the next of kin, except that consent for release of the deceased victim’s information may not be given by a person who had perpetrated abuse against the deceased victim.”
“(D) Use of technology—Grantees and subgrantees may use telephone, internet, and other technologies to protect the privacy, location and help-seeking activities of victims using services. Such technologies may include—
“(i) software, apps or hardware that block caller ID or conceal IP addresses, including instances in which victims use digital services; or
“(ii) technologies or protocols that inhibit or prevent a perpetrator’s attempts to use technology or social media to threaten, harass or harm the victim, the victim’s family, friends, neighbors or co-workers, or the program providing services to them.”
added “(E) Ineligibility—If the Attorney General finds that a recipient of grant funds under this Act has fraudulently misused such grant funds, after reasonable notice and opportunity for a hearing, such recipient shall not be eligible to receive grant funds under this Act for up to 5 years. A misuse of grant funds or an error that does not rise to the level of fraud is not grounds for ineligibility.”
added “(c) Rule of construction—For purposes of this Act, nothing may be construed to preclude the term “domestic violence” from including economic abuse each place the term “domestic violence” occurs unless doing so would trigger an extension of effective date under section 703(f)(1)(B) of the Violence Against Women Reauthorization Act of 2019.”
Sec. 3 Reporting on female genital mutilation, female genital cutting, or female circumcision
addedSec. 4 Agency and Department Coordination
addedadded The heads of Executive Departments responsible for carrying out this Act are authorized to coordinate and collaborate on the prevention of domestic violence, dating violence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the Government.
Sec. 101 Stop grants
“(21) developing and implementing laws, policies, procedures, or training to ensure the lawful recovery and storage of any dangerous weapon by the appropriate law enforcement agency from an adjudicated perpetrator of any offense of domestic violence, dating violence, sexual assault, or stalking, and the return of such weapon when appropriate, where any Federal, State, tribal, or local court has—
“(A)
“(i) issued protective or other restraining orders against such a perpetrator; or
“(ii) found such a perpetrator to be guilty of misdemeanor or felony crimes of domestic violence, dating violence, sexual assault, or stalking; and
changed
“(B) ordered the perpetrator to relinquish dangerous weapons that the perpetrator possesses or has used in the commission of at least one of the aforementioned crimes.”crimes;
added “(22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific victim services regarding, responses to, and prevention of female genital mutilation, female genital cutting, or female circumcision;
added “(23) providing victim advocates in State or local law enforcement agencies, prosecutors’ offices, and courts and providing supportive services and advocacy to urban American Indian and Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking.”
“(5) proof of compliance with the requirements regarding protocols to strongly discourage compelling victim testimony, described in section 2017;
“(6) proof of compliance with the requirements regarding civil rights under section 40002(b)(13) of the Violent Crime Control and Law Enforcement Act of 1994;”
“(k) Reviews for compliance with nondiscrimination requirements
“(1) In general—If allegations of discrimination in violation of section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)) by a potential grantee under this part have been made to the Attorney General, the Attorney General shall, prior to awarding a grant under this part to such potential grantee, conduct a review of the compliance of the potential grantee with such section.
“(2) Establishment of rule—Not later than 1 year after the date of enactment of the Violence Against Women Reauthorization Act of 2019, the Attorney General shall by rule establish procedures for such a review.
“(3) Annual report—Beginning on the date that is 1 year after the date of enactment of the Violence Against Women Reauthorization Act of 2019, the Attorney General shall report to the Committees on the Judiciary of the Senate and of the House of Representatives regarding compliance with section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)) by recipients of grants under this part.”
“2017. Grant eligibility regarding compelling victim testimony
“In order to be eligible for a grant under this part, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after the date of enactment of this section, their laws, policies, or practices will include a detailed protocol to discourage the use of bench warrants, material witness warrants, perjury charges, or other means of compelling victim-witness testimony in the investigation, prosecution, trial, or sentencing of a crime related to the domestic violence, sexual assault, dating violence or stalking of the victim.”
Sec. 102 Grants to improve the criminal justice response
“(a) General program purpose—The purpose of this part is to assist States, State and local courts (including juvenile courts), Indian tribal governments, tribal courts, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women.”
“(23) To develop and implement an alternative justice response (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).
“(24) To develop and implement policies, procedures, protocols, laws, regulations, or training to ensure the lawful recovery and storage of any dangerous weapon by the appropriate law enforcement agency from an adjudicated perpetrator of any offense of domestic violence, dating violence, sexual assault, or stalking, and the return of such weapon when appropriate, where any Federal, State, tribal, or local court has—
“(A)
“(i) issued protective or other restraining orders against such a perpetrator; or
“(ii) found such a perpetrator to be guilty of misdemeanor or felony crimes of domestic violence, dating violence, sexual assault, or stalking; and
“(B) ordered the perpetrator to relinquish dangerous weapons that the perpetrator possesses or has used in the commission of at least one of the aforementioned crimes.”
changed
“(F) certify that, not later than 3 years after the date of the enactment of this subparagraph, their laws, policies, or practices will include a detailed protocol to strongly discourage the use of bench warrants, material witness warrants, perjury charges, or other means of compelling victim-witness testimony in the investigation, prosecution, trial, or sentencing of a crime related to the domestic violence, sexual assault, dating violence or stalking of the victim.”victim; and”
Sec. 103 Legal assistance for victims
removed
Section 1201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C. 20121) is amended—
Sec. 104 Grants to support families in the justice system
Section 1301 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C. 12464) is amended—
“(9) develop and implement an alternative justice response (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).”
Sec. 105 Outreach and services to underserved populations grants
changed
Section 120(h) 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20123(h)) 20123) is amended by striking “2014 through 2018” and inserting “2020 through 2024”.amended—
added “(6) developing, enlarging, or strengthening culturally specific programs and projects to provide culturally specific services regarding, responses to, and prevention of female genital mutilation, female genital cutting, or female circumcision.”
Sec. 108 Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking
addedadded Section 121(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20124(a)) is amended by adding at the end the following:
added “(3) Additional authorization of appropriations—In addition to the amounts made available under paragraph (1), there are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2020 through 2024.”
Sec. 109 Grants for lethality assessment programs
addedSec. 201 Sexual assault services program
changed
Section 41601(f)(1) 41601 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12511(f)(1)) 12511) is amended by striking “2014 through 2018” and inserting “2020 through 2024”.amended—
Sec. 202 Sexual Assault Services Program
changed
Section 40295 41601(f)(1) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12341) 12511(f)(1)) is amended—amended by striking “$40,000,000 to remain available until expended for each of fiscal years 2014 through 2018” and inserting “$60,000,000 to remain available until expended for each of fiscal years 2020 through 2024”.
Sec. 203 Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program
changed
Section 1402 of division B 40295 of the Victims of Trafficking Violent Crime Control and Violence Protection Law Enforcement Act of 2000 1994 (34 U.S.C. 20122) 12341) is amended—
Sec. 204 Training and services to end violence against people with disabilities
changed
Section 40801 1402 of division B of the Violent Crime Control Victims of Trafficking and Law Enforcement Violence Protection Act of 1994 2000 (34 U.S.C. 12421)—20122) is amended—
Sec. 205 Training and services to end abuse in later life
addedadded Section 40801 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12421)—
Sec. 206 Demonstration program on trauma-informed training for law enforcement
addedadded Title IV of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 10101 note) is amended by adding at the end the following:
added “Q Trauma-informed Training for Law Enforcement
added “41701. Demonstration program on trauma-informed training for law enforcement
added “(a) Definitions—In this section—
added “(1) the term Attorney General means the Attorney General, acting through the Director of the Office on Violence Against Women;
added “(2) the term covered individual means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including—
added “(A) an individual working for or on behalf of an eligible entity;
added “(B) a school or university administrator; and
added “(C) an emergency services or medical employee;
added “(3) the term demonstration site, with respect to an eligible entity that receives a grant under this section, means—
added “(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
added “(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
added “(4) the term eligible entity means—
added “(A) a State, local, territorial, or Tribal law enforcement agency; or
added “(B) a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in subparagraph (A).
added “(b) Grants authorized
added “(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—
added “(A) prevent re-traumatization of the victim;
added “(B) ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking;
added “(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;
added “(D) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and
added “(E) evaluate the effectiveness of the training process and content by measuring—
added “(i) investigative and prosecutorial practices and outcomes; and
added “(ii) the well-being of victims and their satisfaction with the criminal justice process.
added “(2) Term—The Attorney General shall make grants under this section for each of the first 2 fiscal years beginning after the date of enactment of this Act.
added “(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—
added “(A) urban, suburban, Tribal, remote, and rural areas;
added “(B) college campuses; or
added “(C) traditionally underserved communities.
added “(c) Use of funds—An eligible entity that receives a grant under this section shall use the grant to—
added “(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—
added “(A) conducting victim interviews in a manner that—
added “(i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and
added “(ii) avoids re-traumatization of the victim;
added “(B) conducting field investigations that mirror best and promising practices available at the time of the investigation;
added “(C) customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served;
added “(D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking—
added “(i) facilitated by alcohol or drugs;
added “(ii) involving strangulation;
added “(iii) committed by a non-stranger;
added “(iv) committed by an individual of the same sex as the victim;
added “(v) involving a victim with a disability;
added “(vi) involving a male victim; or
added “(vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as “LGBT”) victim;
added “(E) developing collaborative relationships between—
added “(i) law enforcement officers and other members of the response team; and
added “(ii) the community being served; and
added “(F) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and
added “(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.
added “(d) Demonstration program trainings on trauma-Informed approaches
added “(1) Identification of existing trainings
added “(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—
added “(i) employ a trauma-informed approach to domestic violence, dating violence, sexual assault, and stalking; and
added “(ii) focus on the fundamentals of—
added “(I) trauma responses; and
added “(II) the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking.
added “(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.
added “(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.
added “(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—
added “(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;
added “(2) periodically conduct an evaluation described in paragraph (1); and
added “(3) periodically make publicly available, during the grant period—
added “(A) preliminary results of the evaluations conducted under paragraph (2); and
added “(B) recommendations for improving the use of the grant funds.
added “(f) Authorization of appropriations—The Attorney General shall carry out this section using amounts otherwise available to the Attorney General.
added “(g) Rule of construction—Nothing in this section shall be construed to interfere with the due process rights of any individual.”
Sec. 301 Rape prevention and education grant
Section 393A of the Public Health Service Act (42 U.S.C. 280b–1b) is amended—
added “(e) Report—Not later than 1 year after the date of the enactment of the Violence Against Women Reauthorization Act of 2019, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to Congress, the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities funded by grants awarded under this section and best practices relating to rape prevention and education.”
Sec. 302 Creating hope through outreach, options, services, and education (CHOOSE) for children and youth
Section 41201 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12451) is amended—
added “(D) clarify State or local mandatory reporting policies and practices regarding peer-to-peer dating violence, sexual assault, stalking, and sex trafficking; or
added “(E) develop, enlarge, or strengthen culturally specific programs and projects to provide culturally specific services regarding, responses to, and prevention of female genital mutilation, female genital cutting, or female circumcision.”
removed
“(D) clarify State or local mandatory reporting policies and practices regarding peer-to-peer dating violence, sexual assault, and stalking.”
Sec. 303 Grants to combat violent crimes on campuses
removed
Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is amended—
added “(2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and all participants in the resolution process, including the Title IX coordinator’s office and student conduct office on campus disciplinary or judicial boards on such policies, protocols, and services.”
“(3) To provide prevention and education programming about domestic violence, dating violence, sexual assault, and stalking, including technological abuse and reproductive and sexual coercion, that is age-appropriate, culturally relevant, ongoing, delivered in multiple venues on campus, accessible, promotes respectful nonviolent behavior as a social norm, and engages men and boys. Such programming should be developed in partnership or collaboratively with experts in intimate partner and sexual violence prevention and intervention.”
added “(11) To train campus health centers and appropriate campus faculty, such as academic advisors or professionals who deal with students on a daily basis, on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalking, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts.
added “(12) To train campus personnel in how to use a victim-centered, trauma-informed interview technique, which means asking questions of a student or a campus employee who is reported to be a victim of sexual harassment, sexual assault, domestic violence, dating violence, or stalking, in a manner that is focused on the experience of the reported victim, that does not judge or blame the reported victim for the alleged crime, and that is informed by evidence-based research on the neurobiology of trauma. To the extent practicable, campus personnel shall allow the reported victim to participate in a recorded interview and to receive a copy of the recorded interview.
added “(13) To develop and implement an alternative justice response (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).”
removed
“(11) To train campus health centers on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalking, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts.”
added “(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.”
Sec. 304 Combat online predators
“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.”
Sec. 501 Grants to strengthen the healthcare systems response to domestic violence, dating violence, sexual assault, and stalking
Section 399P of the Public Health Service Act (42 U.S.C. 280g–4) is amended—
“(4) the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among families they serve.”
changed
“(I) increasing the capacity of existing health care professionals professionals, including specialists in trauma and in behavioral health care, and public health staff to address domestic violence, dating violence, sexual assault, stalking, and stalking;children exposed to violence;
“(II) contracting with or hiring advocates for victims of domestic violence or sexual assault to provide such services; or
“(III) providing funding to State domestic and sexual violence coalitions to improve the capacity of such coalitions to coordinate and support health advocates and other health system partnerships;”
“(v) the development, implementation, dissemination, and evaluation of best practices, tools, and training materials for behavioral health professionals to identify and respond to domestic violence, sexual violence, stalking, and dating violence.”
“(v) development of a State-level pilot program to—
“(I) improve the response of substance use disorder treatment programs and systems to domestic violence, dating violence, sexual assault, and stalking; and
“(II) improve the capacity of substance use disorder treatment programs and systems to serve survivors of domestic violence, dating violence, sexual assault, and stalking dealing with substance use disorder; or
“(vi) development and utilization of existing technical assistance and training resources to improve the capacity of substance use disorder treatment programs to address domestic violence, dating violence, sexual assault, and stalking among patients the programs serve.”
“(E) research on the intersection of substance use disorder and domestic violence, dating violence, sexual assault, and stalking, including the effect of coerced use and efforts by an abusive partner or other to interfere with substance use disorder treatment and recovery; and
“(F) improvement of data collection using existing Federal surveys by including questions about domestic violence, dating violence, sexual assault, or stalking and substance use disorder, coerced use, and mental or behavioral health.”
Sec. 601 Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
Section 41411 of the Violence Against Women Act of 1994 (34 U.S.C. 12491) is amended—
“(K) the provision of assistance from the Housing Trust Fund as established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501);
“(L) the provision of assistance for housing under the Comprehensive Service Programs for Homeless Veterans program under subchapter II of chapter 20 of title 38, United States Code (38 U.S.C. 2011 et seq.);
“(M) the provision of assistance for housing and facilities under the grant program for homeless veterans with special needs under section 2061 of title 38, United States Code;
“(N) the provision of assistance for permanent housing under the program for financial assistance for supportive services for very low-income veteran families in permanent housing under section 2044 of title 38, United States Code; and
“(O) any other Federal housing programs providing affordable housing to low-income persons by means of restricted rents or rental assistance as identified by the appropriate agency.”
changed
“(4) Covered housing provider—The term covered housing provider refers to the individual or entity under a covered housing program that has responsibility for the administration or oversight of housing assisted under a covered housing program and includes public housing agencies, sponsors, owners, mortgagors, managers, Continuums grantee under the Continuum of Care, State and local governments or agencies thereof, and nonprofit or for-profit organizations or entities.
changed
“(5) Continuum of Care—The term Continuum of Care means an entity receiving a grant the Federal program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.).
changed
“(6) Internal transfer—The term internal transfer means a an emergency transfer under subsection (e) from a unit of a covered housing provider to a unit of the same covered housing provider and under the same covered housing program except for programs under the McKinney-Vento Homeless Assistance Act.Act that can transfer to any unit of the same covered housing provider.
changed
“(7) External transfer—The term external transfer means a an emergency transfer under subsection (e) from a unit of a covered housing provider to a unit of a different covered housing provider under any the same covered housing program.”
“(A) Denial of assistance, tenancy, and occupancy rights prohibited
“(i) In general—A tenant shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.
“(ii) Criminal activity engaged in by perpetrator of abuse—A tenant shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity, including drug-related criminal activity (as such term is defined section 3(b)(9) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(9)), engaged in by the perpetrator of the domestic violence, dating violence, sexual assault, or stalking.
“(iii) Review prior to denial of assistance—Prior to denying assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant on the basis of criminal activity of the tenant, including drug-related criminal activity, the covered housing provider must conduct an individualized review of the totality of the circumstances regarding the criminal activity at issue if the tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. Such review shall include consideration of—
“(I) the nature and severity of the criminal activity;
“(II) the amount of time that has elapsed since the occurrence of the criminal activity;
“(III) if the tenant engaged in more than one instance of criminal activity, the frequency and duration of the criminal activity;
“(IV) whether the criminal activity was related to a symptom of a disability, including a substance use disorder;
“(V) whether the victim was coerced by the perpetrator of domestic violence, dating violence, sexual assault, or stalking;
“(VI) whether the victim has taken affirmative steps to reduce the likelihood that the criminal activity will recur; and
“(VII) any mitigating factors.”
“(i) In general—If a family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, and the perpetrator no longer resides in the unit and was the sole tenant eligible to receive assistance under a covered housing program, the covered housing provider shall—
“(I) provide any other tenant or resident the opportunity to establish eligibility for the covered housing program; or
“(II) provide that tenant or resident with at least 180 days to remain in the unit under the same terms and conditions as the perpetrator and find new housing or establish eligibility for another covered housing program.”
“(v) to limit any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 (Public Law 109–162, 119 Stat. 2960) prior to the date of enactment of the Violence Against Women Reauthorization Act of 2019.”
“(D) Early termination—A covered housing provider shall permit a tenant assisted under the covered housing program to terminate the lease at any time prior to the end date of the lease, without penalty, if the tenant has been a victim of domestic violence, dating violence, sexual assault, or stalking and the tenant—
“(i) sends notice of the early lease termination to the landlord in writing prior to or within 3 days of vacating the premises unless a shorter notice period is provided for under State law;
“(ii)
“(I) reasonably believes that the tenant is threatened with imminent harm if the tenant remains within the same dwelling unit subject to the lease; or
“(II) is a victim of sexual assault, the sexual assault occurred on the premises during the 180-day period preceding the request for lease termination; and
“(iii) provides a form of documentation consistent with the requirements outlined in subsection (c)(3).”
“(e) Emergency transfers
changed
“(1) In general—Tenants general—A tenant who are victims is a victim of domestic violence, dating violence, sexual assault, or stalking shall be transferred may apply for an emergency transfer to another available and safe dwelling unit assisted under a covered housing program program, and the covered housing provider shall grant such application if—
“(A) the tenant expressly requests the transfer from the covered housing provider; and
“(B)
“(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 180 day period preceding the request for transfer.
changed
“(2) Policies—Each appropriate agency shall adopt an emergency transfer policy to be overseen by the Department for Housing and Urban Development for use by the covered housing programs within the jurisdiction of a regional office of the Department. programs. Such emergency transfer policies shall reflect the variations in program operation and administration by covered housing program type. The policies must, at a minimum—
changed
“(A) describe a process to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking an internal transfer to another available and safe dwelling unit assisted under the same covered housing program;that—
changed
“(B) describe a process to permit “(i) permits tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to complete an emergency external transfer move to another available and safe dwelling unit of quickly through an internal transfer and by receiving a covered housing provider;tenant protection voucher, if eligible, pursuant to subsection (f);
changed
“(C) mandate “(ii) provides that emergency the victim can choose between completing an internal and external transfers take priority over non-emergency transfers;transfer or receiving a tenant protection voucher, whichever is the safest option for the victim; and
changed
“(D) mandate “(iii) requires that emergency an internal and external transfers take priority over existing waiting lists for transfer must occur within 10 days after a covered housing program;provider’s approval of a request for an emergency transfer;
changed
“(E) ensure “(B) describe a victim process to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking is transferred into a comparable covered housing program if available;to complete an external transfer;
changed
“(F) incorporate confidentiality measures to ensure that the appropriate regional office of the Department of Housing and Urban Development (hereinafter in this section referred to as “(C) describe a “HUD regional office”) and the covered housing provider do not disclose any information regarding process that allows a tenant who is victim of domestic violence, dating violence, sexual assault, or stalking, including the location of a new dwelling unit stalking to any person or entity temporarily relocate, while maintaining eligibility for the covered housing program without the written authorization loss of their housing status, if there are no alternative comparable housing program units available, until a safe housing unit under the tenant; andcovered housing program or a tenant protection voucher is available;
changed
“(G) mandate a uniform policy “(D) prioritize completing internal transfers and receiving tenant protection vouchers over external transfers, except for how a victim Continua of domestic violence, dating violence, sexual assault, or stalking requests Care, which shall prioritize completing an emergency internal transfer or external transfer.transfer prior to receiving a tenant protection voucher;
changed
“(3) Regional offices—Each HUD regional office shall develop “(E) mandate that internal and implement an external emergency transfer plan for all covered housing providers within the regional office’s jurisdictional reach. HUD regional offices shall develop and implement such plans in collaboration with the local Continua of Care and shall defer to emergency transfer priorities and strategies set by local Continua of Care. In addition to reflecting the policies of the appropriate agencies as defined by paragraph (2), the plan shall, at a minimum—transfers take priority over non-emergency transfers;
changed
“(A) set forth policies “(F) mandate that internal and procedures to identify an emergency external transfer transfers are not considered new applicants and take priority over existing waiting lists for a comparable covered housing program, if available, within 30 days of an approved request; andprogram;
changed
“(B) set forth policies “(G) incorporate confidentiality measures to ensure that the appropriate agency and procedures for the local Continua covered housing provider do not disclose any information regarding a tenant who is victim of Care to—domestic violence, dating violence, sexual assault, or stalking, including the location of a new dwelling unit to any person or entity without the written authorization of the tenant;
changed
“(i) coordinate emergency “(H) mandate that if a victim cannot receive an internal transfer, external transfers among all transfer, and a tenant protection voucher, then the covered housing providers participating provider must assist the victim in identifying other housing providers who may have safe and available units to which the Continuum of Care;victim can move and that the covered housing provider also assist tenants in contacting local organizations offering assistance to victims; and
changed
“(ii) coordinate emergency transfers with Continua of Care in other jurisdictions in cases where the “(I) mandate a uniform policy for how a victim of domestic violence, dating violence, sexual assault, or stalking requests an out-of-jurisdiction transfer; andinternal or external transfer.
changed
“(iii) ensure a victim is not required “(3) Local systems funded by Continuum of Care—In addition to be reassessed through adopting the local policies as defined in paragraph (2) in an emergency transfer policy, each grantee under the Continuum of Care intake process when seeking an shall designate the entity within its geographic area that will coordinate and facilitate emergency transfer placement.transfers, and that entity shall also—
changed
“(4) Covered housing providers—Each “(A) coordinate external transfers among all covered housing provider shall—providers participating in the Continuum of Care;
changed
“(A) provide a victim of domestic violence, dating violence, sexual assault, or stalking residing in a dwelling unit assisted under a covered housing program “(B) identify an internal transfer to another safe dwelling unit assisted under the same covered housing program, external transfer, if available, not later than 10 within 30 days after of an approved request for an emergency transfer;request;
changed
“(B) if an internal transfer described under subparagraph (A) is unavailable or if the victim of domestic violence, dating violence, sexual assault, or stalking determines that a dwelling unit provided by an internal transfer described under subparagraph (A), contact the regional office “(C) coordinate emergency transfers with Continua of Care in other jurisdictions in cases where the appropriate agency within 10 days of an approved request for an emergency transfer for victim requests an external emergency transfer under paragraph (3); out-of-jurisdiction transfer; and
changed
“(C) allow “(D) ensure a victim of domestic violence, dating violence, sexual assault, or stalking to temporarily relocate, and maintain eligibility for the covered housing program without the loss of their housing status, to housing is not eligible for assistance under a covered housing program or required to housing assisted under another covered housing program if there are no alternative comparable housing program units available until a safe internal or external housing unit under be reassessed through the covered housing program is available.”local Continuum of Care intake process when seeking an emergency transfer placement.
added “(4) Regional offices—Each regional office of the Department of Housing and Urban Development (hereinafter in this section referred to as a “HUD regional office”) shall develop and implement a regional emergency transfer plan in collaboration with public housing agencies and the entities designated under paragraph (3). Such a plan shall set forth how public housing agencies will coordinate emergency transfers with other public housing agencies regionally. The plans must be submitted to the Violence Against Women Director and be made publicly available. HUD regional offices shall defer to any additional emergency transfer policies, priorities and strategies set by entities designated under paragraph (3).
added “(5) Covered housing providers—Each covered housing provider shall develop and implement an emergency transfer policy consistent with the requirements in paragraph (2) or (3).”
changed
“(g) Emergency transfer vouchers—Provision policies and procedures—The head of each appropriate agency shall establish the policy required under subsection (e) with respect to emergency transfers and emergency transfer vouchers to victims of domestic violence, dating violence, sexual assault, or stalking under subsection (e), shall be considered an eligible use within 180 days after the date of any funding for tenant protection voucher assistance available under section 8(o) enactment of the United States Housing Violence Against Women Reauthorization Act of 1937 (42 U.S.C. 1437f(o)).2019.
changed
“(h) Authorization Emergency transfer vouchers—Provision of appropriations—There are authorized to be appropriated to carry out emergency transfers transfer vouchers to victims of domestic violence, dating violence, sexual assault, or stalking under this section, $20,000,000 subsection (e), shall be considered an eligible use of any funding for tenant protection voucher assistance available under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for each subject to the availability of fiscal years 2020 through 2024.appropriated funds.
changed
“(i) ImplementationAuthorization of appropriations—There are authorized to be appropriated to carry out emergency transfers under this section, $20,000,000 under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for each of fiscal years 2020 through 2024.
added “(j) Training and referrals
“(1) Training for staff of covered housing programs—The Secretary of Housing and Urban Development, in partnership with domestic violence experts, shall develop mandatory training for staff of covered housing providers to provide a basic understanding of domestic violence, dating violence, sexual assault, and stalking, and to facilitate implementation of this section. All staff of covered housing providers shall attend the basic understanding training once annually; and all staff and managers engaged in tenant services shall attend both the basic understanding training and the implementation training once annually.
removed
“(2) Referrals—The appropriate agency with respect to each covered housing program shall supply all appropriate staff of the covered housing providers with a referral listing of public contact information for all domestic violence, dating violence, sexual assault, and stalking service providers offering services in its coverage area.
changed
“(3) Implementation—The “(2) Referrals—The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to supply all appropriate staff of the covered housing program.”providers with a referral listing of public contact information for all domestic violence, dating violence, sexual assault, and stalking service providers offering services in its coverage area.”
Sec. 602 Ensuring compliance and implementation; prohibiting retaliation against victims
Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after section 41411 the following:
“41412. Compliance reviews
“(a) Annual compliance reviews—Each appropriate agency administering a covered housing program shall establish a process by which to review compliance with the requirements of this subtitle, on an annual basis, of the covered housing providers administered by that agency. Such a review shall examine the following topics:
“(1) Covered housing provider compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking.
“(2) Covered housing provider compliance with confidentiality provisions set forth in section 41411(c)(4).
“(3) Covered housing provider compliance with the notification requirements set forth in section 41411(d)(2).
“(4) Covered housing provider compliance with accepting documentation set forth in section 41411(c).
“(5) Covered housing provider compliance with emergency transfer requirements set forth in section 41411(e).
“(6) Covered housing provider compliance with the prohibition on retaliation set forth in section 41414.
changed
“(b) Regulations—Each appropriate agency shall issue regulations to implement subsection (a) not later than one 1 year after the effective date of the Violence Against Women Reauthorization Act of 2019. These regulations shall—
“(1) define standards of compliance for covered housing providers;
“(2) include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers, disaggregated by external and internal transfers; and
“(3) include standards for corrective action plans where a covered housing provider has failed to meet compliance standards.
“(c) Public Disclosure—Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection is made publicly available. This agency-level assessment shall include an evaluation of each topic identified in subsection (a).
“(d) Rules of Construction—Nothing in this section shall be construed—
“(1) to limit any claim filed or other proceeding commenced, by the date of enactment of the Violence Against Women Reauthorization Act of 2019, with regard to any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 (Public Law 109–162, 119 Stat. 2960), as in effect on the day prior to such date of enactment; or
changed
“(2) to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection section for victims of domestic violence, dating violence, sexual assault, or stalking.
“41413. Department of Housing and Urban Development Violence Against Women Director
“(a) Establishment—There shall be, within the Office of the Secretary of the Department of Housing and Urban Development, a Violence Against Women Director (in this section referred to as the “Director”).
“(b) Duties—The Director shall—
“(1) support implementation of the provisions of this subtitle;
“(2) coordinate development of Federal regulations, policy, protocols, and guidelines on matters relating to the implementation of this subtitle, at each agency administering a covered housing program;
changed “(3) advise and coordinate with designated officials within the United States Interagency Council on Homelessness, the Department of Housing and Urban Development, the Department of the Treasury, the Department of Agriculture, the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice concerning legislation, implementation, and other issues relating to or affecting the housing provisions under this subtitle;
“(4) provide technical assistance, coordination, and support to each appropriate agency regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle;
“(5) ensure that adequate technical assistance is made available to covered housing providers regarding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle;
“(6) act as a liaison with the judicial branches of Federal, State, and local governments on matters relating to the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking;
“(7) implement a quality control system and a corrective action plan system for those covered housing providers that fail to comply with this subtitle, wherein—
“(A) such corrective action plans shall be developed in partnership with national, State, or local programs focused on child or adult victims of domestic violence, dating violence, sexual assault, or stalking; and
“(B) such corrective action plans shall include provisions requiring covered housing providers to review and develop appropriate notices, procedures, and staff training to improve compliance with this subtitle, in partnership with national, state, or local programs focused on child or adult victims;
“(8) establish a formal reporting process to receive individual complaints concerning noncompliance with this subtitle;
“(9) coordinate the development of interagency guidelines to ensure that information concerning available dwelling units is forwarded to the Director by all covered housing providers for use by the Secretary in facilitating the emergency transfer process;
“(10) coordinate with HUD regional offices and officials at each appropriate agency the development of Federal regulations, policy, protocols, and guidelines regarding uniform timeframes for the completion of emergency transfers; and
“(11) ensure that the guidance and notices to victims are distributed in commonly encountered languages.
changed
“(c) Emergency transfer databaseRules of Construction—Nothing in this section shall be construed—
removed
“(1) In general—The Director shall maintain a database of information about dwelling units that are available for occupancy or that will be available for occupancy for tenants who are transferred under section 41411(e) and establish the format for its use. The emergency transfer database may be a new system or a modification of an existing database. The database shall incorporate information from all covered housing providers.
removed
“(2) Reporting requirements—Not later than 3 business days after a covered housing provider becomes aware of an available dwelling or a dwelling that will imminently become available, the covered housing provider shall report information about that dwelling to the Director, including the following:
removed
“(A) Project name, if applicable.
removed
“(B) Dwelling address.
removed
“(C) Date of availability.
removed
“(D) Number of bedrooms.
removed
“(E) Restrictions on eligibility of potential tenants under the covered housing program for that dwelling.
removed
“(F) Accessibility, including whether the dwelling is accessible by elevator.
removed
“(G) Smoking policy.
removed
“(H) Pet policy.
removed
“(I) Monthly rent and estimated utilities.
removed
“(J) Eligibility of the dwelling for assistance under other covered housing programs.
removed
“(K) Property manager contact information.
removed
“(L) Legal owner.
removed
“(3) Data access—The Director shall have access to all information in the database and shall regularly monitor its usage. The Director shall determine how covered housing providers shall have access to the database, and establish policies for the coordination of emergency transfers across jurisdictions.
removed
“(d) Rules of Construction—Nothing in this section shall be construed—
“(1) to limit any claim filed or other proceeding commenced, by the date of enactment of the Violence Against Women Reauthorization Act of 2019, with regard to any right, remedy, or procedure otherwise available under the Violence Against Women Reauthorization Act of 2005 (Public Law 109–162, 119 Stat. 2960), as in effect on the day prior to such date of enactment; or
added “(2) to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.
removed
“(2) to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking.
“41414. Prohibition on retaliation
“(a) Nondiscrimination requirement—No covered housing provider shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle, or because that individual testified, assisted, or participated in any matter related to this subtitle.
“(b) Prohibition on coercion—No covered housing provider shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other individual in the exercise or enjoyment of, any rights or protections under this subtitle, including—
“(1) intimidating or threatening any person because that person is assisting or encouraging an individual entitled to claim the rights or protections under this subtitle; and
“(2) retaliating against any person because that person has participated in any investigation or action to enforce this subtitle.
“(c) Enforcement authority of the Secretary—The authority of the Secretary of Housing and Urban Development and the Office for Fair Housing and Equal Opportunity to enforce this section shall be the same as the Fair Housing Act (42 U.S.C. 3610 et seq.).”
Sec. 603 Protecting the right to report crime from one’s home
“41415. Right to Report Crime and Emergencies from One’s Home
“(a) In general—Landlords, homeowners, residents, occupants, and guests of, and applicants for, housing assisted under a covered housing program shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance, and shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities as defined in subsection (d). Penalties that are prohibited include—
“(1) actual or threatened assessment of penalties, fees, or fines;
“(2) actual or threatened eviction;
“(3) actual or threatened refusal to rent or renew tenancy;
“(4) actual or threatened refusal to issue an occupancy permit or landlord permit; and
“(5) actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.
“(b) Reporting—Consistent with the process provided for in section 104(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(b)), covered governmental entities shall—
“(1) report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and
“(2) certify that they are in compliance with the protections under this subtitle or describe the steps they will take within 180 days to come into compliance, or to ensure compliance among subgrantees.
“(c) Oversight—Oversight and accountability mechanisms provided for under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall be available to address violations of this section.
“(d) Definition—For purposes of this section, “covered governmental entity” shall mean any municipal, county, or state government that receives funding pursuant to section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
“(e) Subgrantees—For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (b)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property.”
“(I) Programs for the development and implementation of alternative methods of reducing crime in communities, to supplant punitive programs or policies. For purposes of this subparagraph, a punitive program or policy is a program or policy that (i) imposes a penalty on a victim of domestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the victim for law enforcement or emergency assistance; or (ii) imposes a penalty on such a victim because of criminal activity at the property in which the victim resides.”
“(24) to develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies (as such term is defined in section 501(a)(1)(I)).”
changed
“(23) “(25) To develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies. For purposes of this paragraph, a punitive program or policy is a program or policy that (A) imposes a penalty on a victim of domestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the victim for law enforcement or emergency assistance; or (B) imposes a penalty on such a victim because of criminal activity at the property in which the victim resides.”
Sec. 604 Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking
Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C. 12351) is amended—
Sec. 605 Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking
added “(13) Facilitating and coordinating activities to ensure compliance with section 41411(e) of the Violence Against Women Act of 1994, including, in consultation with the regional office (if applicable) of the appropriate agency (as such term is defined in section 41411 of the Violence Against Women Act of 1994), development of external transfer memoranda of understanding between covered housing providers, participating in the local Continua of Care, facilitation of external transfers between those covered housing providers participating in the local Continua of Care, and monitoring compliance with the confidentiality protections of section 41411(c)(4) of the Violence Against Women Act of 1994 for reporting to that regional office.”
removed
“(13) Facilitating and coordinating activities to ensure compliance with section 41411(e) of the Violence Against Women Act of 1994, including, in consultation with the regional office (if applicable) of the appropriate agency (as such term is defined in section 41411 of the Violence Against Women Act of 1994), development of external emergency transfer memoranda of understanding between covered housing providers, participating in the local Continua of Care, facilitation of external emergency transfers between those covered housing providers participating in the local Continua of Care, and monitoring compliance with the confidentiality protections of section 41411(c)(4) of the Violence Against Women Act of 1994 for reporting to that regional office.”
added “(b) Domestic violence and other dangerous or life-Threatening conditions—Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any individual or family who—
added “(1) is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, and who have no other residence and lack resources to obtain other permanent housing; or
added “(2) is fleeing or attempting to flee a dangerous or life-threatening condition in the individual’s or family’s current housing situation, including where the health and safety of children are jeopardized and who have no other residence and lack the resources or support networks to obtain other permanent housing.”
removed
“(4) Development of supportive services and coordination regarding emergency transfers—The Secretary shall provide bonuses or other incentives to geographic areas for developing supportive services under section 423(a)(6) and facilitating and coordinating activities for emergency transfers under section 423(a)(13) that have been proven to be effective at reducing homelessness among victims of domestic violence, dating violence, sexual assault, and stalking.”
removed
“(f) Minimum allocation for monitoring and facilitating compliance—From the amounts made available to carry out this part for a fiscal year, a portion equal to not less than 5 percent of the sums made available to carry out part B and this part shall be made available to monitor and facilitate compliance with section 41411 of the Violence Against Women Act of 1994, including supportive services under section 423(a)(6) and facilitation and coordination activities under section 423(a)(13).”
Sec. 606 United States Housing Act of 1937 amendments
Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)) is amended—
“(13) Domestic violence, dating violence, sexual assault, or stalking programs
“(A) Copies—A copy of—
“(i) all standardized notices issued pursuant to the housing protections under subtitle N of the Violence Against Women Act of 1994, including the notice required under section 41411(d) of the Violence Against Women Act of 1994;
“(ii) the emergency transfer plan issued pursuant to section 41411 of the Violence Against Women Act of 1994; and
“(iii) any and all memoranda of understanding with other covered housing providers developed to facilitate emergency transfers under section 41411(e) of the Violence Against Women Act of 1994.
“(B) Descriptions—A description of—
“(i) any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking;
“(ii) any activities, services, or programs provided or offered by a public housing agency that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing;
“(iii) any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families; and
“(iv) all training and support services offered to staff of the public housing agency to provide a basic understanding of domestic violence, dating violence, sexual assault, and stalking, and to facilitate implementation of the housing protections of section 41411 of the Violence Against Women Act of 1994.”
Sec. 701 Findings
Congress finds the following:
Sec. 702 National Resource Center on workplace responses to assist victims of domestic and sexual violence
Section 41501 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12501) is amended—
Sec. 703 Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, sexual assault, or stalking
changed
“(19) no person may be denied compensation under such State law solely on the basis of the individual having a voluntary separation from work if such separation is attributable to such individual being a victim of sexual or other harassment or a survivor of domestic violence, dating violence, sexual assault, or stalking; and”
“(g) Sexual or other harassment; etc
changed
“(1) Documentation—For purposes of subsection (a)(19), a voluntary separation of an individual shall be considered to be attributable to such individual being a survivor of or victim of sexual or other harassment or a survivor of domestic violence, dating violence, sexual assault, or stalking if such individual submits such evidence as the State deems sufficient.
“(2) Sufficient documentation—For purposes of paragraph (1), a State shall deem sufficient, at a minimum—
“(A) evidence of such harassment, violence, assault, or stalking in the form of—
changed
“(i) a sworn statement and a form of identification,identification;
changed
“(ii) a police or court record, record; or
changed
“(iii) documentation from a survivor services organization, victim service provider, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another professional, professional; and
“(B) an attestation that such voluntary separation is attributable to such harassment, violence, assault, or stalking.
“(3) Definitions—For purposes of this section—
changed
“(A) The terms “domestic violence”, “sexual assault”, “stalking”, “victim of sexual or other harassment”, and “survivor of domestic violence, dating violence, sexual assault, and stalking or stalking” have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994.under State law, regulation, or policy.
changed
“(B) The term survivor of domestic violence, dating violence, sexual assault, or stalking “victim service provider” has the meaning given such term in section 41502 40002 of the Violence Against Women Act of 1994.1994.”
removed
“(C) The term survivor services organization means an organization exempt from tax under section 501(a) that provides assistance to or advocates for survivors of domestic violence, dating violence, sexual assault, or stalking.”
“(4)
“(A) Such methods of administration as will ensure that—
“(i) applicants for unemployment compensation and individuals inquiring about such compensation are notified of the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and
“(ii) claims reviewers and hearing personnel are trained in—
changed
“(I) the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and
changed
“(II) methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking to ensure that—
changed
“(aa) requests for unemployment compensation based on separations stemming from sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking are identified and adjudicated; and
“(bb) confidentiality is provided for the individual’s claim and submitted evidence.
“(B) For purposes of this paragraph—
changed
“(i) the terms domestic violence, dating violence, sexual assault, and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 ;1994;
“(ii) the term sexual and other harassment has the meaning given such term under State law, regulation, or policy; and
changed
“(iii) the term survivor of domestic violence, dating violence, sexual assault, or stalking means—
changed
“(I) a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and
changed
“(II) a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking.”
changed
“(8) Certification that the State will provide information to survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking
“(A) In general—A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—
changed “(i) ensure that applicants for assistance under the State program funded under this part and individuals inquiring about such assistance are adequately notified of—
“(I) the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and
changed
“(II) assistance made available by the State to survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking;
“(ii) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are adequately trained in—
changed
“(I) the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking;
changed
“(II) State standards and procedures relating to the prevention of, and assistance for individuals who are survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and
changed
“(III) methods of ascertaining and keeping confidential information about possible experiences of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking;
“(iii) ensure that, if a State has elected to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence pursuant to paragraph (7)—
“(I) applicants for assistance under the State program funded under this part and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures; and
“(II) case workers and other agency personnel responsible for administering the State program funded under this part are provided with adequate training regarding such standards and procedures and options available under such standards and procedures; and
“(iv) ensure that the training required under subparagraphs (B) and, if applicable, (C)(ii) is provided through a training program operated by an eligible entity.
“(B) Definitions—For purposes of this paragraph—
changed
“(i) the terms domestic violence, dating violence, sexual assault, and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 ;1994;
“(ii) the term sexual and other harassment has the meaning given such term under State law, regulation, or policy; and
changed
“(iii) the term survivor of domestic violence, dating violence, sexual assault, or stalking means—
changed
“(I) a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and
changed
“(II) a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking.”
Sec. 704 Study and reports on barriers to survivors’ economic security access
Sec. 706 Education and information programs for survivors
Sec. 801 Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders
Section 921(a) of title 18, United States Code, is amended—
“(A) means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and
“(B) includes—
“(i) a dating partner or former dating partner (as defined in section 2266); and
“(ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.”
“(34)
changed
“(A) the The term misdemeanor crime of stalking means an offense that—
“(i) is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and
“(ii) is a course of harassment, intimidation, or surveillance of another person that—
“(I) places that person in reasonable fear of material harm to the health or safety of—
“(aa) that person;
“(bb) an immediate family member (as defined in section 115) of that person;
“(cc) a household member of that person; or
“(dd) a spouse or intimate partner of that person; or
“(II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I).
“(B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
“(i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
“(ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either—
“(I) the case was tried by a jury; or
“(II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
“(C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”
Sec. 802 Prohibiting stalkers and individuals subject to court order from possessing a firearm
Section 922 of title 18, United States Code, is amended—
“(10) who has been convicted in any court of a misdemeanor crime of stalking.”
“(8) who is subject to a court order—
“(A) that was issued—
“(i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or
“(ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—
“(I) within the time required by State, tribal, or territorial law; and
“(II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;
“(B) that restrains such person from—
“(i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or
“(ii) intimidating or dissuading a witness from testifying in court; and
“(C) that—
“(i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or
“(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury;”
“(10) who has been convicted in any court of a misdemeanor crime of stalking,”
Sec. 901 Findings and purposes
Sec. 902 Authorizing funding for the tribal access program
added “(g) Authorization of appropriations—There is authorized to be appropriated $3,000,000 for each of fiscal years 2020 through 2024, to remain available until expended, for the purposes of enhancing the ability of tribal government entities to access, enter information into, and obtain information from, Federal criminal information databases, as authorized by this section.”
added “(d) Indian tribe and Indian law enforcement information sharing—The Attorney General shall permit tribal law enforcement entities (including entities designated by a tribe as maintaining public safety within a tribe’s territorial jurisdiction that has no federal or state arrest authority) and Bureau of Indian Affairs law enforcement agencies—
added “(1) to access and enter information into Federal criminal information databases; and
added “(2) to obtain information from the databases.”
removed
Section 534 of title 28, United States Code, is amended by adding at the end the following:
removed
“(g) Authorization of appropriations—There is authorized to be appropriated $3,000,000 for each of fiscal years 2020 through 2024, to remain available until expended, for the purposes of enhancing the ability of tribal government entities to access, enter information into, and obtain information from, Federal criminal information databases, as authorized by this section.”
Sec. 903 Tribal jurisdiction over crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or corrections officer
Section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the “Indian Civil Rights Act of 1968”) is amended—
“(12) Stalking—The term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person to—
“(A) fear for the person’s safety or the safety of others; or
“(B) suffer substantial emotional distress.”
“(8) Sex trafficking
“(A) In general—The term sex trafficking means conduct—
“(i) consisting of—
“(I) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or
“(II) benefitting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and
“(ii) carried out with the knowledge, or, except where the act constituting the violation of clause (i) is advertising, in reckless disregard of the fact, that—
“(I) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or
“(II) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.
“(B) Definitions—In this paragraph, the terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code.
“(9) Sexual violence—The term sexual violence 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 the capacity to consent to the act.”
“(3) Domestic violence—The term domestic violence means violence—
“(A) committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs; or
changed
“(B) committed against a victim who is a child under the age of 18, or an elder (as such term is defined by tribal law) who resides or has resided in the same household as the defendant.”“(B)
added “(i) committed against a victim who is a child under the age of 18, or an elder (as such term is defined by tribal law), including when an offender recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to the victim, or committed as described in subparagraph (A) while the child or elder is present; and
added “(ii) the child or elder—
added “(I) resides or has resided in the same household as the offender;
added “(II) is related to the offender by blood or marriage;
added “(III) is related to another victim of the offender by blood or marriage;
added “(IV) is under the care of a victim of the offender who is an intimate partner or former spouse; or
added “(V) is under the care of a victim of the offender who is similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs.”
“(1) Assault of a law enforcement or correctional officer—The term assault of a law enforcement or correctional officer means any criminal violation of the law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the threatened, attempted, or actual harmful or offensive touching of a law enforcement or correctional officer.”
“(5) Obstruction of justice—The term obstruction of justice means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, and the violation involves interfering with the administration or due process of the tribe’s laws including any tribal criminal proceeding or investigation of a crime.”
“(iv) is being prosecuted for a crime of sexual violence, stalking, sex trafficking, obstructing justice, or assaulting a police or corrections officer under the laws of the prosecuting tribe.”
added “(f) Grants and reimbursement to tribal governments
added “(1) Reimbursement
added “(A) In general—The Attorney General is authorized to reimburse tribal government authorities for expenses incurred in exercising special tribal criminal jurisdiction.
added “(B) Eligible expenses—Eligible expenses for reimbursement shall include—
added “(i) expenses incurred to arrest or prosecute offenders and to detain inmates (including costs associated with providing health care);
added “(ii) expenses related to indigent defense services; and
added “(iii) costs associated with probation and rehabilitation services.
added “(C) Procedure—Reimbursements authorized pursuant to this section shall be in accordance with rules promulgated by the Attorney General after consultation with Indian tribes and within 1 year after the date of enactment of this Act. The rules promulgated by the Department shall set a maximum allowable reimbursement to any tribal government in a 1-year period.
added “(2) Grants—The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)—
added “(A) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including—
added “(i) law enforcement (including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by a tribe as responsible for maintaining public safety within its territorial jurisdiction, to enter information into and obtain information from national crime information databases);
added “(ii) prosecution;
added “(iii) trial and appellate courts (including facilities construction);
added “(iv) probation systems;
added “(v) detention and correctional facilities (including facilities construction);
added “(vi) alternative rehabilitation centers;
added “(vii) culturally appropriate services and assistance for victims and their families; and
added “(viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence;
added “(B) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes—
added “(i) a crime of domestic violence;
added “(ii) a crime of dating violence;
added “(iii) a criminal violation of a protection order;
added “(iv) a crime of sexual violence;
added “(v) a crime of stalking;
added “(vi) a crime of sex trafficking;
added “(vii) a crime of obstruction of justice; or
added “(viii) a crime of assault of a law enforcement or correctional officer;
added “(C) to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements;
added “(D) to accord victims of domestic violence, dating violence, sexual violence, stalking, sex trafficking, obstruction of justice, assault of a law enforcement or correctional officer, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, consistent with tribal law and custom; and
added “(E) to create a pilot project to allow up to five Indian tribes in Alaska to implement special tribal criminal jurisdiction.
added “(g) 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.
added “(h) Authorization of appropriations—There are authorized to be appropriated $7,000,000 for each of fiscal years 2020 through 2024 to carry out subsection (f) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes.
added “(i) Use of funds—Not less than 25 percent of the total amount of funds appropriated under this section in a given year shall be used for each of the purposes described in paragraphs (1) and (2) of subsection (f), with remaining funds available to be distributed for either of the purposes described in paragraph (1) or (2) of subsection (f), or any combination of such purposes, depending on need and in consultation with Indian tribes.”
removed
“(A) a crime of domestic violence;
removed
“(B) a crime of dating violence;
removed
“(C) a criminal violation of a protection order;
removed
“(D) a crime of sexual violence;
removed
“(E) a crime of stalking;
removed
“(F) a crime of sex trafficking;
removed
“(G) a crime of obstruction of justice; or
removed
“(H) a crime of assault of a law enforcement or correctional officer.”
removed
“(5) to create a pilot project to allow up to five Indian tribes in Alaska to implement special tribal criminal jurisdiction.”
added “(j) Indian country defined—For purposes of the pilot project described in subsection (f)(5), the definition of “Indian country” shall include—
added “(1) Alaska Native-owned Townsites, Allotments, and former reservation lands acquired in fee by Alaska Native Village Corporations pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 33) and other lands transferred in fee to Native villages; and
added “(2) all lands within any Alaska Native village with a population that is at least 75 percent Alaska Native.”
removed
“(g) Indian country defined—For purposes of the pilot project described in subsection (f)(5), the definition of “Indian country” shall include Alaska Native-owned Townsites, Allotments, and former reservation lands acquired in fee by Alaska Native Village Corporations pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 33) and other lands transferred in fee to Native villages.”
Sec. 905 Report on the response of law enforcement agencies to reports of missing or murdered Indians
addedSec. 1001 Establishment of Office on Violence Against Women
“2003. Director of the Office on Violence Against Women
“(a) Appointment—The President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this title referred to as the “Director”) to be responsible, under the general authority of the Attorney General, for the administration, coordination, and implementation of the programs and activities of the Office.
“(b) Other employment—The Director shall not—
“(1) engage in any employment other than that of serving as Director; or
changed
“(2) hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); 54), or the Violence Against Women Reauthorization Act of 2019.
“(c) Vacancy—In the case of a vacancy, the President may designate an officer or employee who shall act as Director during the vacancy.
“(d) Compensation—The Director shall be compensated at a rate of pay not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.”
“2004. Duties and functions of Director of the Office on Violence Against Women
“The Director shall have the following duties:
“(1) Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to violence against women.
“(2) Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women.
“(3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women.
“(4) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations.
changed
“(5) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); 54), and the Violence Against Women Reauthorization Act of 2019, including with respect to those functions—
“(A) the development of policy, protocols, and guidelines;
“(B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and
changed
“(C) the award awarding and termination of grants, cooperative agreements, and contracts.
“(6) Providing technical assistance, coordination, and support to—
“(A) other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to violence against women, including the litigation of civil and criminal actions relating to enforcing such laws;
“(B) other Federal, State, local, and tribal agencies, in efforts to develop policy, provide technical assistance, synchronize federal definitions and protocols, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and
“(C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence.
“(7) Exercising such other powers and functions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General.
“(8) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.”
Sec. 1002 Report of the Attorney General on the effects of the shutdown
addedadded Not later than 180 days after the date of enactment of this title, the Attorney General shall submit a report to Congress on the effects of the Federal Government shutdown that lasted from December 22, 2018 to January 25, 2019, evaluating and detailing the extent of the effect of the shutdown on the ability of the Department of Justice to disperse funding and services under the Violence Against Women Act of 1994, the Violence Against Women and Department of Justice Reauthorization Act of 2005, and the Victims of Crime Act of 1984, to victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 1101 Improving the treatment of primary caretaker parents and other individuals in federal prisons
changed
“4050. “4051. Treatment of primary caretaker parents and other individuals
“(a) Definitions—In this section—
“(1) the term correctional officer means a correctional officer of the Bureau of Prisons;
“(2) the term covered institution means a Federal penal or correctional institution;
“(3) the term Director means the Director of the Bureau of Prisons;
“(4) the term post-partum recovery means the first 8-week period of post-partum recovery after giving birth;
“(5) the term primary caretaker parent has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242);
“(6) the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
“(7) the term vulnerable person means an individual who—
“(A) is under 21 years of age or over 60 years of age;
“(B) is pregnant;
“(C) identifies as lesbian, gay, bisexual, transgender, or intersex;
“(D) is victim or witness of a crime;
“(E) has filed a nonfrivolous civil rights claim in Federal or State court;
“(F) has a serious mental or physical illness or disability; or
“(G) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
“(i) by any court or administrative judicial proceeding;
“(ii) by any corrections official;
“(iii) by the individual’s attorney or legal service provider; or
“(iv) by the individual.
“(b) Geographic placement
“(1) Establishment of office—The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
“(2) Placement of prisoners—In determining the placement of a prisoner, the office established under paragraph (1) shall—
“(A) if the prisoner has children, place the prisoner as close to the children as possible;
“(B) in deciding whether to assign a transgender or intersex prisoner to a facility for male or female prisoners, and in making other housing and programming assignments, consider on a case-by-case basis whether a placement would ensure the prisoner’s health and safety, including serious consideration of the prisoner’s own views with respect to their safety, and whether the placement would present management or security problems; and
“(C) consider any other factor that the office determines to be appropriate.
changed
“(c) Prohibition on placement of pregnant prisoners or prisoners in post-partum post-Partum recovery in segregated housing units
“(1) Placement in segregated housing units—A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others.
“(2) Restrictions—Any placement of a prisoner described in subparagraph (A) in a segregated housing unit shall be limited and temporary.
changed
“(d) Parenting classes—The Director shall provide parenting classes to each prisoner who is a primary caretaker parent.parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964.
changed
“(e) Trauma screening—The Director shall provide training training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
“(1) identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced; and
“(2) refer a prisoner described in paragraph (1) to the proper healthcare professional for treatment.
“(f) Inmate health
“(1) Health care access—The Director shall ensure that all prisoners receive adequate health care.
“(2) Hygienic products—The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners.
“(3) Gynecologist access—The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
changed
“(g) Use of sex-appropriate sex-Appropriate correctional officers
“(1) Regulations—The Director shall make rules under which—
“(A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless—
“(i) the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff is available to assist; or
“(ii) the prisoner has previously requested that an officer of a different sex conduct searches;
“(B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless—
“(i) a prisoner in the restroom presents a risk of immediate harm to themselves or others; or
“(ii) there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist;
“(C) a transgender prisoner’s sex is determined according to the sex with which they identify; and
“(D) a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex.
“(2) Relation to other laws—Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).”
changed
“(7) Eligibility of primary caretaker parents and pregnant women—The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as defined in section 4050) 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons.”
Sec. 1102 Public health and safety of women
Sec. 1103 Research and report on women in federal incarceration
addedadded Not later than 18 months after the date of enactment of this Act, and thereafter, every other year, the National Institutes of Justice, in consultation with the Bureau of Justice Statistics and the Bureau of Prisons (including the Women and Special Population Branch) shall prepare a report on the status of women in federal incarceration. Depending on the topic to be addressed, and the facility, data shall be collected from Bureau of Prisons personnel and a sample that is representative of the population of incarcerated women. The report shall include:
Sec. 1104 Reentry planning and services for incarcerated women
addedadded The Attorney General, in coordination with the Chief of U.S. Probation and Pretrial Services and the Director of the Bureau of Prisons (including Women and Special Population Branch), shall collaborate on a model of gender responsive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic and sexual violence. In developing the model, the Chief and the Director shall consult with such experts within the federal government (including the Office on Violence Against Women of the Department of Justice) and in the victim service provider community (including sexual and domestic violence and homelessness, job training and job placement service providers) as are necessary to the completion of a comprehensive plan. Issues addressed should include—
Sec. 1201 Notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm
“108. Notification to law enforcement agencies of prohibited purchase of a firearm
“(a) In general—In the case of a background check conducted by the National Instant Criminal Background Check System pursuant to the request of a licensed importer, licensed manufacturer, or licensed dealer of firearms (as such terms are defined in section 921 of title 18, United States Code), which background check determines that the receipt of a firearm by a person would violate subsection (g)(8), (g)(9), or (g)(10) of section 922 of title 18, United States Code, and such determination is made after 3 business days have elapsed since the licensee contacted the System and a firearm has been transferred to that person, the System shall notify the law enforcement agencies described in subsection (b).
“(b) Law enforcement agencies described—The law enforcement agencies described in this subsection are the law enforcement agencies that have jurisdiction over the location from which the licensee contacted the system and the law enforcement agencies that have jurisdiction over the location of the residence of the person for which the background check was conducted, as follows:
“(1) The field office of the Federal Bureau of Investigation.
“(2) The local law enforcement agency.
“(3) The State law enforcement agency.
“(4) The Tribal law enforcement agency.”
Sec. 1303 Incentives for States
Sec. 1406 Rape kit backlog
changed
Section 2(j) 2 of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701) is amended by striking “2015 through 2019” and inserting “2020 through 2024”.amended—
added “(2) information on best practices for state and local governments to reduce the backlog of DNA evidence”
Sec. 1408 Review on link between substance use and victims of domestic violence dating violence, sexual assault, or stalking
addedadded Not later than 24 months after the date of enactment of this Act, the Secretary of the Department of Health and Human Services shall complete a review and submit a report to Congress on whether being a victim of domestic violence, dating violence, sexual assault, or stalking increases the likelihood of having a substance use disorder.
Sec. 1409 Interagency working group to study Federal efforts to collect data on sexual violence
addedSec. 1410 National Domestic Violence Hotline
addedadded Not later than 3 months after the date of enactment of this Act, a national domestic violence hotline for which a grant is provided under section 313 of the Family Violence Prevention and Services Act shall include the voluntary feature of texting via telephone to ensure all methods of communication are available for victims and those seeking assistance.
Sec. 1411 Rule of construction regarding compliance with immigration laws
addedadded Nothing in this Act, or in any amendments made by this Act, shall affect the obligation to fully comply with the immigration laws.