---
kind: "diff"
citation: "H.R. 1585"
bill: "116-hr-1585"
heading: "Violence Against Women Reauthorization Act of 2019"
from: "ih"
from_label: "Introduced in House"
to: "rh"
to_label: "Reported in House"
sections_amended: 20
sections_added: 1
sections_removed: 0
url: "https://uscodex.org/bills/116/hr/1585/changes/rh"
---
# H.R. 1585 — what changed
H.R. 1585, Violence Against Women Reauthorization Act of 2019 — 20 sections amended and 1 added between Introduced in House and Reported in House.
Edits are marked `struck` and `inserted`.
## Sec. 2 Universal definitions and grant conditions
- Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) is amended—
- (1) in subsection (a)—
- (A) by striking “In this title” and inserting “In this title, including for the purpose of grants authorized under this Act,”;
- (B) by redesignating paragraphs paragraph (34) through paragraph (45) as paragraphs (41) through (52);
- (C) by inserting after paragraph (33) the following:
- “(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
- “(F) sharing or urging or compelling the sharing of another person’s private information, photographs, or videos without their consent.”
- (D) in paragraph (19)(B), by striking “and probation” and inserting “probation, “probation , and vacatur or expungement”;
- (E) by redesignating paragraphs (13) through (33) as paragraphs (18) through (38);
- (F) by striking paragraph (11) and inserting the following:
- “(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, ‘abuse,’ ‘elder,’ and exploitation ‘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).”
- (G) by redesignating paragraphs (9) and (10) as paragraphs (11) and (12), respectively;
- (H) by amending paragraph (8) to read as follows:
- “(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.”
- (I) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively;
- (J) by amending paragraph (5) to read as follows:
- “(7) Court-based and court-related personnel—The term court-based personnel and court-related personnel means 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.”
- (K) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6) respectively;
- (L) by inserting after paragraph (1) the following:
- “(3) Alternative justice response—The term alternative justice response means a process, whether court-ordered or community-based, that—
- “(A) involves, on a voluntary basis, and to the extent possible, those who have committed a specific offense and those who have been harmed as a result of the offense;
- “(B) has the goal of collectively seeking accountability from the accused, and developing a process whereby the accused will take responsibility for his or her actions, and a plan for providing relief to those harmed, through allocution, restitution, community service, or other processes upon which the victim, the accused, the community, and the court (if court-ordered) can agree;
- “(C) is conducted in a framework that protects victim safety and supports victim autonomy; and
- “(D) provides that information disclosed during such process may not be used for any other law enforcement purpose, including impeachment or prosecution, without the express permission of all participants.”
- (M) by redesignating paragraph (1) as paragraph (2); and
- (N) by inserting before paragraph (2) (as redesignated in subparagraph (O) of this paragraph) the following:
- “(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.”
- (2) in subsection (b)—
- (A) in paragraph (2)—
- (i) by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I);
- (ii) by inserting after subparagraph (E) the following:
- “(G) Death of the party whose privacy had been protected—In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, 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.”
- (iii) by redesignating subparagraphs (D) through (E) as subparagraphs (E) through (F); and
- (iv) by inserting after subparagraph (C) the following:
- “(D) Use of technology—Grantees and subgrantees may use telephone, internet, and other technologies to protect the privacy, location and help-seeking activities of victims using services. Such technologies may include—
- “(i) software, apps or hardware that block caller ID or conceal IP addresses, including instances in which victims use digital services; or
- “(ii) technologies or protocols that inhibit or prevent a perpetrator’s attempts to use technology or social media to threaten, harass or harm the victim, the victim’s family, friends, neighbors or co-workers, or the program providing services to them.”
- (B) in paragraph (3), by inserting after “designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking” the following: “provided that the confidentiality and privacy requirements of this title are maintained, and that personally identifying information about adult, youth, and child victims of domestic violence, dating violence, sexual assault and stalking is not requested or included in any such collaboration or information-sharing”;
- (C) in paragraph (6), by adding at the end the following: “However, such disbursing agencies must ensure that the confidentiality and privacy requirements of this title are maintained in making such reports, and that personally identifying information about adult, youth and child victims of domestic violence, dating violence, sexual assault and stalking is not requested or included in any such reports.”;
- (D) in paragraph (11), by adding at the end the following: “The Office on Violence Against Women shall make all technical assistance available as broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without regard to whether the entity has received funding from the Office on Violence Against Women for a particular program or project.”;
- (E) in paragraph (13)—
- (i) in subparagraph (A), by inserting after “the Violence Against Women Reauthorization Act of 2013” the following: “(Public Law 113–4; 127 Stat. 54)”; and
- (ii) in subparagraph (C), by striking “section 3789d of title 42, United States Code” and inserting “section 809 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10228)”;
- (F) in paragraph (14), by inserting after “are also victims of” the following: “forced marriage, or”; and
- (G) in paragraph (16)(C)(i), by striking “$20,000 in Department funds, unless the Deputy Attorney General” and inserting “$100,000 in Department funds, unless the Director or Principal Deputy Director of the Office on Violence Against Women, the Deputy Attorney General,”.
## Sec. 101 Stop grants
- (a) In general— Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended—
- (1) in section 2001(b)—
- (A) in paragraph (3), by inserting before the semicolon at the end the following: “including implementation of the nondiscrimination non-discrimination requirements in section 40002(b)(13) of the Violence Against Women Act of 1994”;
- (B) in paragraph (9)—
- (i) by striking “older and disabled women” and inserting “people 50 years of age or over and people with disabilities”; and
- (ii) by striking “older and disabled individuals” and inserting “people”;
- (C) in paragraph (19), by striking “and” at the end;
- (D) in paragraph (20), by striking the period at the end and inserting “; and”; and
- (E) by inserting after paragraph (20), the following:
- “(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
- “(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.”
- (2) in section 2007—
- (A) in subsection (d)—
- (i) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and
- (ii) by inserting after paragraph (4) the following:
- “(5) proof of compliance with the requirements regarding 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;”
- (B) in subsection (i)—
- (i) in paragraph (1), by inserting before the semicolon at the end the following: “and the requirements under section 40002(b) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291(b))”; and
- (ii) in paragraph (2)(C)(iv), by inserting after “ethnicity,” the following: “sexual orientation, gender identity,”; and
- (C) by adding at the end the following:
- “(k) Reviews for compliance with nondiscrimination requirements
- “(1) In general—If allegations of discrimination in violation of section 40002(b)(13)(A) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)) by a potential grantee under this part have been made to the Attorney General, the Attorney General shall, prior to awarding a grant under this part to such potential grantee, conduct a review of the compliance of the potential grantee with such section.
- “(2) Establishment of rule—Not later than 1 year after the date of enactment of the Violence Against Women Reauthorization Act of 2019, the Attorney General shall by rule establish procedures for such a review.
- “(3) 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.”
- (3) by adding at the end the following:
- “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.”
- (b) Authorization of appropriations— Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(18)) is amended by striking “2014 through 2018” and inserting “2020 through 2024”.
## Sec. 102 Grants to improve the criminal justice response
- (a) In general—Heading— Section 2101 Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461) 10461 et seq.) is amended—amended in the heading, by striking “Grants to encourage arrest policies” and inserting “Grants to improve the criminal justice response”.
- (b) Grants— Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended—
- (1) [was (2)(3)] by striking subsection (a) and inserting the following:
- “(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.”
- (2) [was (2)(4)] in subsection (b)—
- (A) [was (2)(4)(2)] in paragraph (1), by striking “proarrest” and inserting “offender accountability and homicide reduction”;
- (B) [was (2)(4)(3)] in paragraph (8)—
- (i) [was (2)(4)(3)(2)] by striking “older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002))” and inserting “people 50 years of age or over”; and
- (ii) [was (2)(4)(3)(3)] by striking “individuals with disabilities (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)))” and inserting “people with disabilities (as defined in the Americans with Disabilities Act of 1990 (42 U.S.C. 12102))”;
- (C) [was (2)(4)(4)] in paragraph (19), by inserting before the period at the end the following “, including victims among underserved populations (as defined in section 40002(a)(46) of the Violence Against Women Act of 1994)”; and
- (D) [was (2)(4)(5)] by adding at the end the following:
- “(23) To develop and implement an alternative justice response (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994).
- “(24) To develop and implement 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.”
- (3) [was (2)(5)] in subsection (c)(1)—
- (A) [was (2)(5)(2)] in subparagraph (A)—
- (i) [was (2)(5)(2)(2)] in clause (i), by striking “encourage or mandate arrests of domestic violence offenders” and inserting “encourage arrests of offenders”; and
- (ii) [was (2)(5)(2)(3)] in clause (ii), by striking “encourage or mandate arrest of domestic violence offenders” and inserting “encourage arrest of offenders”; and
- (B) [was (2)(5)(3)] by inserting after subparagraph (E) the following:
- “(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.”
- (c) [was (3)] Authorization of appropriations— Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(19)) is amended by striking “2014 through 2018” and inserting “2020 through 2024”.
## Sec. 104 Grants to support families in the justice system
- Section 1301 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C. 12464) is amended—
- (1) in subsection (b)—
- (A) in paragraph (7), by striking “and” at the end;
- (B) in paragraph (8)—
- (i) by striking “to improve” and inserting “improve”; and
- (ii) by striking the period at the end and inserting a semicolon; “; and” ; and
- (C) by inserting after paragraph (8) the following:
- “(9) develop and implement an alternative justice response (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994); and1994).”
- “(10) develop and implement 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
- “(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.”
- (2) in subsection (e), by striking “2014 through 2018” and inserting “2020 through 2024”.
## Sec. 304 Combat online predators
- (a) In general— Chapter 110A of title 18, United States Code, is amended by inserting after section 2261A the following:
- “2261B. Enhanced penalty for stalkers of children
- “(a) In general—Except as provided in subsection (b), if the victim of an offense under section 2261A is under the age of 18 years, the maximum term of imprisonment for the offense is 5 years greater than the maximum term of imprisonment otherwise provided for that offense in section 2261.
- “(b) Limitation—Subsection (a) shall not apply to a person who violates section 2261A if—
- “(1) the person is subject to a sentence under section 2261(b)(5); and
- “(2)
- “(A) the person is under the age of 18 at the time the offense occurred; or
- “(B) the victim of the offense is not less than 15 nor more than 17 years of age and not more than 3 years younger than the person who committed the offense at the time the offense occurred.”
- (b) Clerical amendment— The table of sections at the beginning of chapter 110A of title 18, United States Code, is amended by inserting after the item relating to 19 section 2261A the following new item:
- (c) Conforming amendment— Section 2261A of title 18, United States Code, is amended in the matter following paragraph (2)(B), by striking “section 2261(b) of this title” and inserting “section 2261(b) or section 2262B, as the case may be”.
- (d) Report on best practices regarding enforcement of anti-Stalking anti-stalking laws— Not later than 1 year after the date of the enactment of this Act, the Attorney General shall submit a report to Congress, which shall—
- (1) include an evaluation of Federal, tribal, State, and local efforts to enforce laws relating to stalking; and
- (2) identify and describe those elements of such efforts that constitute the best practices for the enforcement of such laws.
## Sec. 402 Saving Money and Reducing Tragedies (SMART) through Prevention grants
- Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C. 12463) is amended—
- (1) in subsection (b)(1)—
- (A) in subparagraph (C), by striking “and” at the end;
- (B) in subparagraph (D), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(E) strategies within each of these areas addressing the unmet needs of underserved populations.”
- (2) in subsection (d)(3)—
- (A) in subparagraph (A), by striking “and” at the end;
- (B) in subparagraph (B), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(C) include a focus on the unmet needs of underserved populations.”
- (3) in subsection (f), by striking “$15,000,000 for each of fiscal years 2014 through 2018” and inserting “$45,000,000 for each of fiscal years 2020 through 2024”; and
- (4) in subsection (g), by adding at the end the following:
- “(3) Remaining amounts—Any amounts not made available under paragraphs (1) and (2) may be used for any set of purposes described in paragraph paragraphs (1), (2), or (3) of subsection (b), or for a project that fulfills two or more of such sets of purposes.”
## 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—
- (1) in subsection (a)—
- (A) in paragraph (1)(A), by striking “brother, sister,” and inserting “sibling,”;“sibling,”; and
- (B) in paragraph (3)—
- (i) in subparagraph (A), by inserting before the semicolon at the end the following: “including the direct loan program under such section”;
- (ii) in subparagraph (D), by striking “the program under subtitle A” and inserting “the programs under subtitles A through D”;
- (iii) in subparagraph (I)—
- (I) by inserting after “sections 514, 515, 516, 533,” the following: “542,”; and
- (II) by striking “and” at the end;
- (iv) in subparagraph (J), by striking the period at the end and inserting a semicolon; and
- (v) by adding at the end the following:
- “(K) the provision of assistance from the Housing Trust Fund 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.”
- (C) by adding at the end the following:
- “(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 of Care, State and local governments or agencies thereof, and nonprofit or for-profit organizations or entities.
- “(5) Continuum of Care—The term Continuum of Care means an entity receiving a grant under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.).
- “(6) Internal transfer—The term internal transfer means a transfer to a unit of the same covered housing provider and under the same covered housing program except for programs under McKinney-Vento Homeless Assistance Act.
- “(7) External transfer—The term external transfer means a transfer to a unit of a different covered housing provider under any covered housing program.”
- (2) in subsection (b)(3)—
- (A) in the heading, by inserting after “criminal activity” the following: “and family break-up”;
- (B) in subparagraph (A), to read as follows:
- “(A) Denial of assistance, tenancy, and occupancy rights prohibited
- “(i) In general—A tenant shall not be denied assistance, tenancy, or occupancy rights to housing assisted under a covered housing program solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.
- “(ii) Criminal activity engaged in by perpetrator of abuse—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))), 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.”
- (C) in subparagraph (B)—
- (i) in the heading, by striking “Bifurcation” and inserting “Family break-up”;
- (ii) by redesignating clauses (i) and (ii) as clauses (ii) and (iii) respectively;
- (iii) by inserting before clause (ii) (as redesignated by clause (ii) of this subparagraph) the following:
- “(i) In general—If a family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, and the perpetrator no longer resides in the unit and was the sole tenant eligible to receive assistance under a covered housing program, the covered housing provider shall—
- “(I) provide any other tenant or resident 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.”
- (iv) in clause (ii) (as redesignated by clause (ii) of this subparagraph)—
- (I) in the heading, by striking “In general” and inserting “Eviction”; “Eviction” ; and
- (II) by inserting after “a public housing agency” the following: “, participating jurisdictions, Continuums of Care, grantees,”; and
- (v) by striking clause (iii) (as redesignated by clause (ii) of this subparagraph);
- (D) in subparagraph (C)—
- (i) in clause (iii), by striking “or” at the end;
- (ii) in clause (iv), by striking the period at the end and inserting “; or”; and
- (iii) by adding at the end the following:
- “(v) to 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.”
- (E) by inserting after subparagraph (C) the following:
- “(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).”
- (3) in subsection (c)(4), in the matter preceding subparagraph (A)—
- (A) by striking “Any information submitted to a public housing agency or owner or manager” and inserting “Covered housing providers shall ensure any information submitted”; and
- (B) by inserting after “owner or manager” the following: “of housing assisted under a covered housing program”;
- (4) by amending subsection (e) to read as follows:
- “(e) Emergency transfers
- “(1) In general—Tenants who are victims of domestic violence, dating violence, sexual assault, or stalking shall be transferred to another available and safe dwelling unit assisted under a covered housing program 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 180 day period preceding the request for transfer.
- “(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. Such emergency transfer policies shall reflect the variations in program operation and administration by covered housing program type. The policies must, at a minimum—
- “(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;
- “(B) describe a process to permit tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to complete an emergency external transfer to another available and safe dwelling unit of a covered housing provider;
- “(C) mandate that emergency internal and external transfers take priority over non-emergency transfers;
- “(D) mandate that emergency internal and external transfers take priority over existing waiting lists for a covered housing program;
- “(E) ensure a victim of domestic violence, dating violence, sexual assault, or stalking is transferred into a comparable covered housing program if available;
- “(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 a “HUD regional office”) and the covered housing provider do not disclose any information regarding a tenant who is victim of domestic violence, dating violence, sexual assault, or stalking, including the location of a new dwelling unit to any person or entity without the written authorization of the tenant; and
- “(G) mandate a uniform policy for how a victim of domestic violence, dating violence, sexual assault, or stalking requests an emergency internal or external transfer.
- “(3) Regional offices—Each HUD regional office shall develop 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—
- “(A) set forth policies and procedures to identify an emergency external transfer a comparable covered housing program, if available, within 30 days of an approved request; and
- “(B) set forth policies and procedures for the local Continua of Care to—
- “(i) coordinate emergency external transfers among all covered housing providers participating in the Continuum of Care;
- “(ii) coordinate emergency transfers with Continua of Care in other jurisdictions in cases where the victim requests an out-of-jurisdiction transfer; and
- “(iii) ensure a victim is not required to be reassessed through the local Continuum of Care intake process when seeking an emergency transfer placement.
- “(4) Covered housing providers—Each covered housing provider shall—
- “(A) provide a victim of domestic violence, dating violence, sexual assault, or stalking residing in a dwelling unit assisted under a covered housing program an internal transfer to another safe dwelling unit assisted under the same covered housing program, if available, not later than 10 days after an approved request for an emergency transfer;
- “(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 of the appropriate agency within 10 days of an approved request for an emergency transfer for an external emergency transfer under paragraph (3); and
- “(C) allow 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 not eligible for assistance under a covered housing program or 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 the covered housing program is available.”
- (5) in subsection (f), by adding at the end the following: “The Secretary shall establish these policies and procedures within 60 days after passage of the Violence Against Women Reauthorization Act of 2019.”;
- (6) by redesignating subsection (g) as subsection (j); and
- (7) by inserting after subsection (f) the following:
- “(g) Emergency transfer vouchers—Provision of emergency transfer vouchers to victims of domestic violence, dating violence, sexual assault, or stalking under 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)).
- “(h) Authorization 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.
- “(i) Implementation
- “(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.
- “(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.
- “(3) Implementation—The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program.”
## 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.
- “(b) Regulations—Each appropriate agency shall issue regulations to implement subsection (a) not later than one 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
- “(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.
- “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 (hereinafter in (in this section referred to as the “Director”).
- “(b) Duties—The Director shall—
- “(1) support implementation of the provisions of this subtitle;
- “(2) coordinate development of Federal regulations, policy, protocols, and guidelines on matters relating to the implementation of this subtitle, at each agency administering a covered housing program;
- “(3) advise and coordinate with designated officials within the United States Interagency Council on Homelessness, the Department of Housing and Urban Development, the Department of the Treasury, the Department of Agriculture, the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice concerning legislation, implementation, and other issues relating to or affecting the housing provisions under this subtitle;
- “(4) provide technical assistance, coordination, and support to each appropriate agency regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle;
- “(5) ensure that adequate technical assistance is made available to covered housing providers regarding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle;
- “(6) act as a liaison with the judicial branches of Federal, State, and local governments on matters relating to the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking;
- “(7) implement a quality control system and a corrective action plan system for those covered housing providers that fail to comply with this subtitle, wherein—
- “(A) 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, 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.
- “(c) Emergency transfer database
- “(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.
- “(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:
- “(A) Project name, if applicable.
- “(B) Dwelling address.
- “(C) Date of availability.
- “(D) Number of bedrooms.
- “(E) Restrictions on eligibility of potential tenants under the covered housing program for that dwelling.
- “(F) Accessibility, including whether the dwelling is accessible by elevator.
- “(G) Smoking policy.
- “(H) Pet policy.
- “(I) Monthly rent and estimated utilities.
- “(J) Eligibility of the dwelling for assistance under other covered housing programs.
- “(K) Property manager contact information.
- “(L) Legal owner.
- “(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.
- “(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
- “(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
- (a) In general— Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.), as amended by this Act, is further amended by inserting after section 41414 the following:
- “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 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.”
- (b) Supporting effective, alternative crime reduction methods—
- (1) Additional authorized use of Byrne-JAG funds— Section 501(a)(1) of subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding after subparagraph (H) the following:
- “(I) Programs for the development and implementation of 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.”
- (2) Additional authorized use of COPS funds— Section 1701(b) of part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended—
- (A) in paragraph (22), by striking “and” after the semicolon;
- (B) in paragraph (23), by striking the period at the end and inserting “; and”; and
- (C) by adding at the end the following:
- “(24) to develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies (as such term is defined in section 501(a)(1)(I)).”
- (3) Additional authorized use of grants to encourage arrest policies— Section 2101(b) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding after paragraph (22) the following:
- “(23) 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. 606 United States Housing Act of 1937 amendments
- Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)) is amended—
- (1) in paragraph (13), to read as follows:
- “(13) Domestic violence, dating violence, sexual assault, or stalking programs
- “(A) Copies—A copy of—
- “(i) all standardized notices issued pursuant to the housing protections under subtitle N of the Violence Against Women Act of 1994, including the notice required under section 41411(d) of the Violence Against Women Act of 1994;
- “(ii) the emergency transfer plan issued pursuant to section 41411 of the Violence Against Women Act of 1994; and
- “(iii) any and all memoranda of understanding with other covered housing providers developed to facilitate emergency transfers under section 41411(e) of the Violence Against Women Act of 1994.
- “(B) Descriptions—A description of—
- “(i) any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking;
- “(ii) any activities, services, or programs provided or offered by a public housing agency that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing;
- “(iii) any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families; and
- “(iv) all training and support services offered to staff of the public housing agency to provide a basic understanding of domestic violence, dating violence, sexual assault, and stalking, and to facilitate implementation of the housing protections of section 41411 of the Violence Against Women Act of 1994.”
- (2) in paragraph pararaph (16), by inserting “the Violence Against Women Act of 1994,” before “the Fair Housing Act”.
## Sec. 703 Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, dating violence, sexual assault, or stalking
- (a) Unemployment compensation—
- (1) Section 3304(a) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of paragraph (18), by redesignating paragraph (19) as paragraph (20), and by inserting after paragraph (18) the following new paragraphs:
- “(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”
- (2) Section 3304 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
- “(g) Sexual or other harassment; etc
- “(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 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—
- “(i) a sworn statement and a form of identification,
- “(ii) a police or court record, or
- “(iii) documentation from a survivor services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another 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—
- “(A) 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.
- “(B) The term survivor of domestic violence, dating violence, sexual assault, or stalking has the meaning given such term in section 41502 of the Violence Against Women Act of 1994.
- “(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.”
- (b) Unemployment compensation personnel training— Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended—
- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and
- (2) by inserting after paragraph (3) the following new paragraph:
- “(4)
- “(A) Such methods of administration as will ensure that—
- “(i) applicants for unemployment compensation and individuals inquiring about such compensation are notified of the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and
- “(ii) claims reviewers and hearing personnel are trained in—
- “(I) the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and
- “(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—
- “(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—
- “(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
- “(iii) the term survivor of domestic violence, dating violence, sexual assault, or stalking means—
- “(I) a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and
- “(II) a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking.”
- (c) TANF personnel training— Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following new paragraph:
- “(8) Certification that the State will provide information to 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—
- “(i) ensure that applicants for assistance under State program funded under this part and individuals inquiring about such assistance are adequately notified of—
- “(I) the provisions of section 3304(a)(19) of the Internal Revenue Code of 1986; and
- “(II) assistance made available by the State to survivors of sexual and other harassment, domestic violence, 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—
- “(I) the nature and dynamics of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking;
- “(II) State standards and procedures relating to the prevention of, and assistance for individuals who are survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking; and
- “(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—
- “(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
- “(iii) the term survivor of domestic violence, dating violence, sexual assault, or stalking means—
- “(I) a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and
- “(II) a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking.”
- (d) Sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking training grant program—
- (1) Grants authorized— The Secretary of Labor (in this subsection referred to as the “Secretary”) is authorized to award—
- (A) a grant to a national survivor services organization in order for such organization to—
- (i) develop and disseminate a model training program (and related materials) for the training required under section 303(a)(4)(B) of the Social Security Act, as added by subsection (b), and under subparagraph (B) and, if applicable, subparagraph (C)(ii) of section 402(a)(8) of such Act, as added by subsection (c); and
- (ii) provide technical assistance with respect to such model training program, including technical assistance to the temporary assistance for needy families program and unemployment compensation personnel; and
- (B) grants to State, tribal, or local agencies in order for such agencies to contract with eligible entities to provide State, tribal, or local caseworkers and other State, tribal, or local agency personnel responsible for administering the temporary assistance for needy families program established under part A of title IV of the Social Security Act in a State or Indian reservation with the training required under subparagraph (B) and, if applicable, subparagraph (C)(ii) of such section 402(a)(8).
- (2) Eligible entity defined— For purposes of paragraph (1)(B), the term eligible entity means an entity—
- (A) that is—
- (i) a State or tribal domestic violence coalition or sexual assault coalition;
- (ii) a State or local survivor services organization with recognized expertise in the dynamics of domestic violence, dating violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, dating violence, sexual assault, or stalking, including a rape crisis center or domestic violence program; or
- (iii) an organization with demonstrated expertise in State or county welfare laws and implementation of such laws and experience with disseminating information on such laws and implementation, but only if such organization will provide the required training in partnership with an entity described in clause (i) or (ii); and
- (B) that—
- (i) has demonstrated expertise in the dynamics of both domestic violence and sexual assault, such as a joint domestic violence and sexual assault coalition; or
- (ii) will provide the required training in partnership with an entity described in clause (i) or (ii) of subparagraph (A) in order to comply with the dual domestic violence and sexual assault expertise requirement under clause (i).
- (3) Application— An entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary specifies.
- (4) Reports—
- (A) Reports to congress— Not later than a year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant program established under this subsection.
- (B) Reports available to public— The Secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph (A). Such procedures shall include the use of the internet to disseminate such reports.
- (5) Authorization of appropriations—
- (A) In general— There are authorized to be appropriated—
- (i) $1,000,000 for fiscal year 2020 to carry out the provisions of paragraph (1)(A); and
- (ii) $12,000,000 for each of fiscal years 2020 through 2024 to carry out the provisions of paragraph (1)(B).
- (B) Three-year availability of grant funds— Each recipient of a grant under this subsection shall return to the Secretary any unused portion of such grant not later than 3 years after the date the grant was awarded, together with any earnings on such unused portion.
- (C) Amounts returned— Any amounts returned pursuant to subparagraph (B) shall be available without further appropriation to the Secretary for the purpose of carrying out the provisions of paragraph (1)(B).
- (e) Effect on existing laws, etc—
- (1) More protective laws, agreements, programs, and plans— Nothing in this title shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides greater unemployment insurance benefits for survivors of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking than the rights established under this title.
- (2) Less protective laws, agreements, programs, and plans— Any law, collective bargaining agreement, or employment benefits program or plan of a State or unit of local government is preempted to the extent that such law, agreement, or program or plan would impair the exercise of any right established under this title or the amendments made by this title.
- (f) Effective date—
- (1) Unemployment amendments—
- (A) In general— Except as provided in subparagraph (B) and paragraph (2), the amendments made by this section shall apply in the case of compensation paid for weeks beginning on or after the expiration of 180-day period beginning on the date of enactment of this Act.
- (B) Extension of effective date for State law amendment—
- (i) In general— Except as provided in paragraph (2), in a case in which the Secretary of Labor identifies a State as requiring a change to its statutes, regulations, or policies in order to comply with the amendments made by this section, such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of—
- (I) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or
- (II) the end of the first session of the State legislature which begins after the date of enactment of this Act or which began prior to such date and remained in session for at least 25 calendar days after such date, except that in no case shall such amendments apply before the date that is 180 days after the date of enactment of this Act.
- (ii) Session defined— In this subparagraph, the term session means a regular, special, budget, or other session of a State legislature.
- (2) TANF amendment—
- (A) In general— Except as provided in subparagraph (B), the amendment made by subsection (c) shall take effect on the date of enactment of this Act.
- (B) Extension of effective date for State law amendment— In the case of a State plan under part A of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State action (including legislation, regulation, or other administrative action) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (c), the State plan shall not be regarded as failing to comply with the requirements of such amendment on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a two-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.
- (g) Definitions— In this section, the terms sexual and other harassment, domestic violence, dating violence, sexual assault, stalking, survivor of sexual and other harassment, domestic violence, dating violence, sexual assault, or stalking, and survivor services organization have the meanings given such terms in section 3304(g) of the Internal Revenue Code of 1986.
## Sec. 706 Education and information programs for survivors
- (a) Public education campaign—
- (1) In general— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services (through the Director of the Centers for Disease Control and Prevention and the grant recipient under section 41501 of the Violence Against Women Act of 1994 that establishes the national resource center on workplace responses to assist victims of domestic and sexual violence) and the Attorney General (through the Principal Deputy Director of the Office on Violence Against Women), shall coordinate and provide for a national public outreach and education campaign to raise public awareness of the workplace impact of domestic violence, dating violence, sexual assault, and stalking, including outreach and education for employers, service providers, teachers, and other key partners. This campaign shall pay special attention to ensure that survivors are made aware of the existence of the following types of workplace laws (Federal (federal and/or State): anti-discrimination laws that bar treating survivors differently; leave laws, both paid and unpaid that are available for use by survivors; unemployment insurance laws and policies that address survivor eligibility.
- (2) Dissemination— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services and the Attorney General, as described in paragraph (1), may disseminate information through the public outreach and education campaign on the resources and rights referred to in this subsection directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, labor organizations, institutions of higher education, clinics, the media, and Federal, State, and local agencies.
- (3) Information— The information disseminated under paragraph (2) shall include, at a minimum, a description of—
- (A) the resources and rights that are—
- (i) available to survivors of domestic violence, dating violence, sexual assault, or stalking; and
- (ii) established in this Act and the Violence Against Women Act of 1994 (34 U.S.C. 12291 U.S.C.12291 et seq.);
- (B) guidelines and best practices on prevention of domestic violence, dating violence, stalking, and sexual assault;
- (C) resources that promote healthy relationships and communication skills;
- (D) resources that encourage bystander intervention in a situation involving domestic violence, dating violence, stalking, or sexual assault;
- (E) resources that promote workplace policies that support and help maintain the economic security of survivors of domestic violence, dating violence, sexual assault, or stalking; and
- (F) resources and rights that the heads of Federal agencies described in paragraph (2) determine are appropriate to include.
- (b) Definitions— In this section:
- (1) Employee—
- (A) In general— The term employee means any individual employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).
- (B) Basis— The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance.
- (2) Employer— The term employer—
- (A) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more individuals; and
- (B) includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
- (3) FLSA terms— The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
- (c) Study on workplace responses— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services, shall conduct a study on the status of workplace responses to employees who experience domestic violence, dating violence, sexual assault, or stalking while employed, in each State and nationally, to improve the access of survivors of domestic violence, dating violence, sexual assault, or stalking to supportive resources and economic security.
- (d) Authorization of appropriations— There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2020 through 2024.
## Sec. 802 Prohibiting stalkers and individuals subject to court order from possessing a firearm
- Section 922 of title 18, United States Code, is amended—
- (1) in subsection (d)—
- (A) in paragraph (8), by striking “that restrains such person” and all that follows, and inserting “described in subsection (g)(8);”;
- (B) in paragraph (9), by striking the period at the end and inserting “; or”; andor”;
- (C) by inserting after paragraph (9) the following:
- “(10) who has been convicted in any court of a misdemeanor crime of stalking.”
- (2) in subsection (g)—
- (A) by amending paragraph (8) to read as follows:
- “(8) who is subject to a court order—
- “(A) that was issued—
- “(i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or
- “(ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—
- “(I) within the time required by State, tribal, or territorial law; and
- “(II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;
- “(B) that restrains such person from—
- “(i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or
- “(ii) intimidating or dissuading a witness from testifying in court; and
- “(C) that—
- “(i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or
- “(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury;”
- (B) in paragraph (9), by striking the comma at the end and inserting “; or”; and
- (C) by inserting after paragraph (9) the following:
- “(10) who has been convicted in any court of a misdemeanor crime of stalking,”
## Sec. 901 Findings and purposes
- (a) Findings— Congress finds the following:
- (1) American Indians and Alaska Natives are 2.5 times as likely to experience violent crimes—and at least 2 times more likely to experience rape or sexual assault crimes—compared to all other races.
- (2) More than 4 in 5 American Indian and Alaska Native women, or 84.3 percent, have experienced violence in their lifetime.
- (3) The vast majority of Native victims—96% of women and 89% of male victims—report being victimized by a non-Indian.
- (4) Native victims of sexual violence are three times as likely to have experienced sexual violence by an interracial perpetrator as non-Hispanic White victims and Native stalking victims are nearly 4 times as likely to be stalked by someone of a different race.
- (5) While tribes exercising jurisdiction over non-Indians have reported significant successes, the inability to prosecute crimes related to the Special Domestic Violence Criminal Jurisdiction crimes continues to leave Tribes unable to fully hold domestic violence offenders accountable.
- (6) Tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims, and Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at rates higher than any other race in the United States.
- (7) Childhood exposure to violence has immediate and long-term effects, including: increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system.
- (8) According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age.
- (9) On some reservations, Indian women are murdered at more than 10 times the national average.
- (10) According to a 2010 Government Accountability Office report, United States Attorneys declined to prosecute nearly 52 percent of violent crimes that occur in Indian country.
- (11) Investigation into cases of missing and murdered Indian women is made difficult for tribal law enforcement agencies due to a lack of resources, such as—
- (A) necessary training, equipment, or funding;
- (B) a lack of interagency cooperation; and
- (C) a lack of appropriate laws in place.
- (12) Domestic violence calls are among the most dangerous calls that law enforcement receives.
- (13) The complicated jurisdictional scheme that exists in Indian country—
- (A) has a significant negative impact on the ability to provide public safety to Indian communities;
- (B) has been increasingly exploited by criminals; and
- (C) requires a high degree of commitment and cooperation among tribal, Federal, and State law enforcement officials.
- (14) Restoring and enhancing local, tribal capacity to address violence against women provides for greater local control, safety, accountability, and transparency.
- (15) In States with restrictive land settlement acts such as Alaska, “Indian country” is limited, resources for local tribal responses either nonexistent or insufficient to meet the needs, jurisdiction unnecessarily complicated and increases the already high levels of victimization of American Indian and Alaska Native women. According to the Tribal Law and Order Act Commission Report, Alaska Native women are overrepresented over-represented in the domestic violence victim population by 250 percent; they comprise 19 percent of the State population, but are 47 percent of reported rape victims. And among other Indian Tribes, Alaska Native women suffer the highest rates of domestic and sexual violence in the country.
- (b) Purposes— The purposes of this title are—
- (1) to clarify the responsibilities of Federal, State, tribal, and local governments with respect to responding to cases of domestic violence, dating violence, stalking, trafficking, sexual violence, crimes against children, and assault against tribal law enforcement officers and murdered Indians;
- (2) to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies;agencies; and
- (3) to empower tribal governments with the resources and information necessary to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing and murdered Indians; and
- (4) to increase the collection of data related to missing and murdered Indians and the sharing of information among Federal, State, and tribal officials responsible for responding to and investigating cases of missing and murdered Indians.
## 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—
- (1) in the heading, by striking “crimes of domestic violence” and inserting “crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement or corrections officer”;
- (2) in paragraph (6), in the heading, by striking “special domestic violence criminal jurisdiction” and inserting “special tribal criminal jurisdiction”;
- (3) by striking “special domestic violence criminal jurisdiction” each place such term appears and inserting “special tribal criminal jurisdiction”;
- (4) in subsection (a)—
- (A) by adding at the end the following:
- “(12) Stalking—The term stalking means engaging in a course of conduct directed at a 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.”
- (B) by redesignating paragraphs (6) and (7) as paragraphs (10) and (11);
- (C) by inserting before paragraph (10) (as redesignated) the following:
- “(8) Sex trafficking
- “(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) benefiting, 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.”
- (D) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7);
- (E) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4);
- (F) in paragraph (3) (as redesignated), to read as follows:
- “(3) Domestic violence—The term 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 family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs; or
- “(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.”
- (G) by inserting before paragraph (2) (as redesignated), the following:
- “(1) Assault of a law enforcement or correctional officer—The term assault of a law enforcement or correctional officer means any criminal violation of the law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the threatened, attempted, or actual harmful or offensive touching of a law enforcement or correctional officer.”
- (H) by inserting after paragraph (4) (as redesignated), the following:
- “(5) Obstruction of justice—The term obstruction of justice means any violation of the criminal law of the Indian tribe that has 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.”
- (5) in subsection (b)(1), by inserting after “the powers of self-government of a participating tribe” the following: “, including any participating tribes in the State of Maine,”;Maine,”
- (6) in subsection (b)(4)—
- (A) in subparagraph (A)(i), by inserting after “over an alleged offense” the following: “, other than obstruction of justice or an act of assault of a law enforcement or corrections officer,”; and
- (B) in subparagraph (B)—
- (i) in clause (ii), by striking “or” at the end;
- (ii) in clause (iii)(II), by striking the period at the end and inserting the following: “; or”; and
- (iii) by adding at the end the following:
- “(iv) is being prosecuted for a crime of sexual violence, stalking, sex trafficking, obstructing justice, or assaulting a police or corrections officer under the laws of the prosecuting tribe.”
- (7) in subsection (c)—
- (A) in the matter preceding paragraph (1), by striking “domestic violence” and inserting “tribal”; and
- (B) in paragraph (1)—
- (i) in the paragraph heading, by striking “and dating violence” and inserting “, dating violence, obstruction of justice, sexual violence, stalking, sex trafficking, or assault of a law enforcement or corrections officer”; and
- (ii) by striking “or dating violence” and inserting “, dating violence, obstruction of justice, sexual violence, stalking, sex trafficking, or assault of a law enforcement or corrections officer”;
- (8) in subsection (d), by striking “domestic violence” each place it appears and inserting “tribal”;
- (9) in subsection (f)—
- (A) by striking “special domestic violence” each place it appears and inserting “special tribal”;
- (B) in paragraph (2), by striking “prosecutes” and all that follows through the semicolon at the end and inserting the following:
- “(A) a crime of domestic violence;
- “(B) a crime of dating violence;
- “(C) a criminal violation of a protection order;
- “(D) a crime of sexual violence;
- “(E) a crime of stalking;
- “(F) a crime of sex trafficking;
- “(G) a crime of obstruction of justice; or
- “(H) a crime of assault of a law enforcement or correctional officer.”
- (C) in paragraph (4), by inserting “sexual violence, stalking, sex trafficking, assault of a law enforcement or correctional officer,” after “dating violence,”; and
- (D) by adding at the end the following:
- “(5) to create a pilot project to allow up to five Indian tribes in Alaska to implement special tribal criminal jurisdiction.”
- (10) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively;
- (11) by inserting after subsection (f) the following:following:; and
- “(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.”
- (12) in subsection (i) (as redesignated) by striking “fiscal years 2014 through 2018” and inserting “fiscal years 2020 through 2024”.
## Sec. 904 Annual reporting requirements — added
- Beginning in the first fiscal year after the date of enactment of this title, and annually thereafter, the Attorney General and the Secretary of the Interior shall jointly prepare and submit a report, to the Committee on Indian Affairs and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives, that—
- (1) includes known statistics on missing and murdered Indian women in the United States, including statistics relating to incidents of sexual abuse or sexual assault suffered by the victims; and
- (2) provides recommendations regarding how to improve data collection on missing and murdered Indian women.
## Sec. 1001 Establishment of Office on Violence Against Women
- (a) Establishment of Office on Violence Against Women— Section 2002 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10442) is amended—
- (1) in subsection (a), by striking “a Violence Against Women Office” and inserting “an Office on Violence Against Women”;
- (2) in subsection (b), by inserting after “within the Department of Justice” the following: “, not subsumed by any other office”;
- (3) in subsection (c)(2), by striking “Violence Against Women Act of 1994 (title VI of Public 103–322) and the Violence Against Women Act of 2000 (Division B of Public Law 106–386)” and inserting “Violence Against Women Act of 1994 (title VI1 of Public 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”.
- (b) Director of the Office on Violence Against Women— Section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10443) is amended to read as follows:
- “2003. Director of the Office on Violence Against Women
- “(a) Appointment—The President, by and with the advice and consent of the Senate, shall appoint a Director for the Office on Violence Against Women (in this title referred to as the “Director”) to be responsible, under the general authority of the Attorney General, for the administration, coordination, and implementation of the programs and activities of the Office.
- “(b) Other employment—The Director shall not—
- “(1) engage in any employment other than that of serving as Director; or
- “(2) hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), 54); or the Violence Against Women Reauthorization Act of 2019.
- “(c) Vacancy—In the case of a vacancy, the President may designate an officer or employee who shall act as Director during the vacancy.
- “(d) Compensation—The Director shall be compensated at a rate of pay not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.”
- (c) Duties and functions of Director of the Office on Violence Against Women— Section 2004 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10444) is amended to read as follows:
- “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 Governments on matters relating to violence against women.
- “(2) Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women.
- “(3) Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to violence against women.
- “(4) Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to violence against women in international fora, including, but not limited to, the United Nations.
- “(5) Carrying out the functions of the Department of Justice under the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Violence Against Women Act of 2000 (division B of Public Law 106–386), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), 54); and the Violence Against Women Reauthorization Act of 2019, including with respect to those functions—
- “(A) the development of policy, protocols, and guidelines;
- “(B) the development and management of grant programs and other programs, and the provision of technical assistance under such programs; and
- “(C) the award 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 federal definitions and protocols, and improve coordination among agencies carrying out efforts to eliminate violence against women, including Indian or indigenous women; and
- “(C) grantees, in efforts to combat violence against women and to provide support and assistance to victims of such violence.
- “(7) Exercising such other powers and functions as may be vested in the Director pursuant to this subchapter or by delegation of the Attorney General.
- “(8) Establishing such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Office.”
- (d) Staff of Office on Violence Against Women— Section 2005 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10445) is amended in the heading, by striking “Violence Against Women Office” and inserting “Office on Violence Against Women”.
- (e) Clerical amendment— Section 121(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20124(a)(1)) is amended by striking “the Violence Against Women Office” and inserting “the Office on Violence Against Women”.
## Sec. 1101 Improving the treatment of primary caretaker parents and other individuals in federal prisons
- (a) Short title— This section may be cited as the “Ramona Brant Improvement of Conditions for Women in Federal Custody Act”.
- (b) In general— Chapter 303 of title 18, United States Code, is amended by adding at the end the following:
- “4050. Treatment of primary caretaker parents and other individuals
- “(a) Definitions—In this section—
- “(1) the term correctional officer means a correctional officer of the Bureau of Prisons;
- “(2) the term covered institution means a Federal penal or correctional institution;
- “(3) the term Director means the Director of the Bureau of Prisons;
- “(4) the term post-partum recovery means the first 8-week period of post-partum recovery after giving birth;
- “(5) the term primary caretaker parent has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242);
- “(6) the term prisoner means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
- “(7) the term vulnerable person means an individual who—
- “(A) is under 21 years of age or over 60 years of age;
- “(B) is pregnant;
- “(C) identifies as lesbian, gay, bisexual, transgender, or intersex;
- “(D) is victim or witness of a crime;
- “(E) has filed a nonfrivolous civil rights claim in Federal or State court;
- “(F) has a serious mental or physical illness or disability; or
- “(G) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
- “(i) by any court or administrative judicial proceeding;
- “(ii) by any corrections official;
- “(iii) by the individual’s attorney or legal service provider; or
- “(iv) by the individual.
- “(b) Geographic placement
- “(1) Establishment of office—The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
- “(2) Placement of prisoners—In determining the placement of a prisoner, the office established under paragraph (1) shall—
- “(A) if the prisoner has children, place the prisoner as close to the children as possible;
- “(B) in deciding whether to assign a transgender or intersex prisoner to a facility for male or female prisoners, and in making other housing and programming assignments, consider on a case-by-case basis whether a placement would ensure the prisoner’s health and safety, including serious consideration of the prisoner’s own views with respect to their safety, and whether the placement would present management or security problems; and
- “(C) consider any other factor that the office determines to be appropriate.
- “(c) Prohibition on placement of pregnant prisoners or prisoners in post-Partum post-partum recovery in segregated housing units
- “(1) Placement in segregated housing units—A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others.
- “(2) Restrictions—Any placement of a prisoner described in subparagraph (A) in a segregated housing unit shall be limited and temporary.
- “(d) Parenting classes—The Director shall provide parenting classes to each prisoner who is a primary caretaker parent.
- “(e) Trauma screening—The Director shall provide training to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
- “(1) identify a prisoner who has a mental or physical health need relating to trauma the prisoner has experienced; and
- “(2) refer a prisoner described in paragraph (1) to the proper healthcare professional for treatment.
- “(f) Inmate health
- “(1) Health care access—The Director shall ensure that all prisoners receive adequate health care.
- “(2) Hygienic products—The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners.
- “(3) Gynecologist access—The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
- “(g) Use of sex-Appropriate sex-appropriate correctional officers
- “(1) Regulations—The Director shall make rules under which—
- “(A) a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless—
- “(i) the prisoner presents a risk of immediate harm to the prisoner or others, and no other correctional officer of the same sex as the prisoner, or medical staff is available to assist; or
- “(ii) the prisoner has previously requested that an officer of a different sex conduct searches;
- “(B) a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless—
- “(i) a prisoner in the restroom presents a risk of immediate harm to themselves or others; or
- “(ii) there is a medical emergency in the restroom and no other correctional officer of the appropriate sex is available to assist;
- “(C) a transgender prisoner’s sex is determined according to the sex with which they identify; and
- “(D) a correctional officer may not search or physically examine a prisoner for the sole purpose of determining the prisoner’s genital status or sex.
- “(2) Relation to other laws—Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).”
- (c) Substance abuse treatment— Section 3621(e) of title 18, United States Code, is amended by adding at the end the following:
- “(7) Eligibility of primary caretaker parents and pregnant women—The Director of the Bureau of Prisons may not prohibit an eligible prisoner who is a primary caretaker parent (as defined in section 4050) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons.”
- (d) Implementation date—
- (1) In general— Not later than 2 years after the date of enactment of this Act, the Director of the Bureau of Prisons shall implement this section and the amendments made by this section.
- (2) Report— Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this section and the amendments made by this section.
- (e) Technical and conforming amendment— The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following:
## Sec. 1102 Public health and safety of women
- (a) Short title— This section may be cited as the “Stop Infant Mortality And Recidivism Reduction Act” or the “SIMARRA Act”.
- (b) Establishment— Not later than 270 days after the date of the enactment of this section, the Director of the Federal Bureau of Prisons (in this section referred to as the “Director”) shall establish a pilot program (in this section referred to as the “Program”) in accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment in a separate housing wing of the prison.
- (c) Purposes— The purposes of this section are to—
- (1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by the unborn fetuses of pregnant inmates;
- (2) reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs;
- (3) establish female offender risk and needs assessment as the cornerstones of a more effective and efficient Federal prison system;
- (4) implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide Federal prison officials with a roadmap to address the pre- and post-natal needs of Federal pregnant offenders, manage limited resources, and enhance public safety;
- (5) perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and
- (6) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run prison nurseries safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforcement missions.
- (d) Duties of the Director of the Bureau of Prisons—
- (1) In general— The Director shall carry out this section in consultation with—
- (A) a licensed and board-certified gynecologist or obstetrician;
- (B) the Director of the Administrative Office of the United States Courts;
- (C) the Director of the Office of Probation and Pretrial Services;
- (D) the Director of the National Institute of Justice; and
- (E) the Secretary of Health and Human Services.
- (2) Duties— The Director shall, in accordance with paragraph (3)—
- (A) develop an offender risk and needs assessment system particular to the health and sensitivities of federally Federally incarcerated pregnant women and mothers in accordance with this subsection;
- (B) develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c);
- (C) conduct ongoing research and data analysis on—
- (i) the best practices relating to the use of offender risk and needs assessment tools particular to the health and sensitivities of federally incarcerated pregnant women and mothers;
- (ii) the best available risk and needs assessment tools particular to the health and sensitivities of federally Federally incarcerated pregnant women and mothers and the level to which they rely on dynamic risk factors that could be addressed and changed over time, and on measures of risk of recidivism, individual needs, and responsiveness to recidivism reduction programs;
- (iii) the most effective and efficient uses of such tools in conjunction with recidivism reduction programs, productive activities, incentives, and rewards; and
- (iv) which recidivism reduction programs are the most effective—
- (I) for federally Federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and
- (II) for addressing the specific needs of federally Federally incarcerated pregnant women and mothers;
- (D) on a biennial basis, review the system developed under subparagraph (A) and the recommendations developed under subparagraph (B), using the research conducted under subparagraph (C), to determine whether any revisions or updates should be made, and if so, make such revisions or updates;
- (E) hold periodic meetings with the individuals listed in paragraph (1) at intervals to be determined by the Director; and
- (F) report to Congress in accordance with subsection (i).
- (3) Methods— In carrying out the duties under paragraph (2), the Director shall—
- (A) consult relevant stakeholders; and
- (B) make decisions using data that is based on the best available statistical and empirical evidence.
- (e) Eligibility— An inmate may apply to participate in the Program if the inmate—
- (1) is pregnant at the beginning of or during the term of imprisonment; and
- (2) is in the custody or control of the Federal Bureau of Prisons.
- (f) Program terms—
- (1) Term of participation— To correspond with the purposes and goals of the Program to promote bonding during the critical stages of child development, an eligible inmate selected for the Program may participate in the Program, subject to subsection (g), until the earliest of—
- (A) the date that the inmate’s term of imprisonment terminates;
- (B) the date the infant fails to meet any medical criteria established by the Director or the Director’s designee along with a collective determination of the persons listed in subsection (d)(1); or
- (C) 30 months.
- (2) Inmate requirements— For the duration of an inmate’s participation in the Program, the inmate shall agree to—
- (A) take substantive steps towards acting in the role of a parent or guardian to any child of that inmate;
- (B) participate in any educational or counseling opportunities established by the Director, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate;
- (C) abide by any court decision regarding the legal or physical custody of the child;
- (D) transfer to the Federal Bureau of Prisons any child support payments for the infant of the participating inmate from any person or governmental entity; and
- (E) specify a person who has agreed to take at least temporary custody of the child if the inmate’s participation in the Program terminates before the inmate’s release.
- (g) Continuity of care— The Director shall take appropriate actions to prevent detachment or disruption of either an inmate’s or infant’s health and bonding-based well-being due to termination of the Program.
- (h) Reporting—
- (1) In general— Not later than 6 months after the date of the enactment of this section and once each year thereafter for 5 years, the Director shall submit a report to the Congress with regards to progress in implementing the Program.
- (2) Final report— Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that contains a detailed statement of the Director’s findings and conclusions, including recommendations for legislation, administrative actions, and regulations the Director considers appropriate.
- (i) Authorization of appropriations— To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2020 through 2024.
## Sec. 1203 Special assistant U.S. attorneys and cross-deputized attorneys
- (a) In general— Chapter 44 of title 18, United States Code, as amended by this Act, is further amended by inserting after section 925B the following:
- “925C. Special assistant U.S. attorneys and cross-deputized attorneys
- “(a) In general—In order to improve the enforcement of paragraphs (8), (9), and (10) of section 922(g), the Attorney General may—
- “(1) appoint, in accordance with section 543 of title 28, qualified State, tribal, territorial and local prosecutors and qualified attorneys working for the United States Government government to serve as special assistant United States attorneys for the purpose of prosecuting violations of such paragraphs;
- “(2) deputize State, tribal, territorial and local law enforcement officers for the purpose of enhancing the capacity of the agents of the Bureau of Alcohol, Tobacco, Firearms Firearms, and Explosives in responding to and investigating violations of such paragraphs; and
- “(3) establish, in order to receive and expedite requests for assistance from State, tribal, territorial and local law enforcement agencies responding to intimate partner violence cases where such agencies have probable cause to believe that the offenders may be in violation of such paragraphs, points of contact within—
- “(A) each Field Division of the Bureau of Alcohol, Tobacco, Firearms Firearms, and Explosives; and
- “(B) each District Office of the United States Attorneys.
- “(b) Improve intimate partner and public safety—The Attorney General shall—
- “(1) identify no less than 75 jurisdictions among States, territories and tribes where there are high rates of firearms violence and threats of firearms violence against intimate partners and other persons protected under paragraphs (8), (9), and (10) of section 922(g) and where local authorities lack the resources to address such violence; and
- “(2) make such appointments as described in subsection (a) in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury rates.
- “(c) Qualified defined—For purposes of this section, the term qualified means, with respect to an attorney, that the attorney is a licensed attorney in good standing with any relevant licensing authority.”
- (b) Clerical amendment— The table of sections for such chapter is amended by inserting after the item relating to section 925B the following:
## Sec. 1303 Incentives for States
- (a) Authority To to make grants— The Attorney General is authorized to make grants to States that have in effect a law that—
- (1) makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act with an individual, including an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and
- (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
- (b) Reporting requirement— A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—
- (1) the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and
- (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
- (c) Application— A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a).
- (d) Grant amount— The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs:
- (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).
- (2) Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) (commonly referred to as the “Sexual Assault Services Program”).
- (e) Grant term—
- (1) In general— The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period.
- (2) Renewal— A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require.
- (3) Limit— A State may not receive a grant under this section for more than 4 years.
- (f) Uses of funds— A State that receives a grant under this section shall use—
- (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and
- (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).
- (g) Authorization of appropriations— There are authorized to be appropriated to carry out this chapter $5,000,000 for each of fiscal years 2020 through 2024.
- (h) Definition— For purposes of this section, the term State means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.