Violence Against Women Act Reauthorization Act of 2021
AN ACT
To reauthorize the Violence Against Women Act of 1994, and for other purposes.
Sec. 2 Universal definitions and grant conditions
Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) is amended—
in subsection (a)—
by striking “In this title” and inserting “In this title, and for the purpose of all grants authorized under this title”;
by striking paragraph (5) and inserting the following new paragraph:
“(5) Court-based and court-related personnel—The terms court-based personnel and court-related personnel mean persons working in the court, whether paid or volunteer, including—
“(A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process;
“(B) court security personnel;
“(C) personnel working in related, supplementary offices or programs (such as child support enforcement); and
“(D) any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system.”
by striking paragraph (8) and inserting the following new paragraph:
“(8) Domestic violence—The term domestic violence means a pattern of behavior involving the use or attempted use of physical, sexual, verbal, psychological, economic, or technological abuse or any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, by a person who—
“(A) is a current or former spouse or dating partner of the victim, or other person similarly situated to a spouse of the victim;
“(B) is cohabitating with or has cohabitated with the victim as a spouse or dating partner;
“(C) shares a child in common with the victim;
“(D) is an adult family member of, or paid or nonpaid caregiver in an ongoing relationship of trust with, a victim aged 50 or older or an adult victim with disabilities; or
“(E) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.”
in paragraph (9)—
by striking “consideration of” and inserting “consideration of one or more of the following factors”;
in subparagraph (B), by striking “; and” and inserting a semicolon;
in subparagraph (C), by striking the period at the end and inserting “; or”; and
by inserting the following new subparagraph:
“(D) the cultural context of the relationship.”
in the matter following paragraph (9), by inserting the following:
in paragraph (10)—
by striking “person—” and inserting “dating partner.”; and
by striking subparagraphs (A) and (B);
by striking paragraphs (11) and (12);
by striking paragraph (19) and inserting the following new paragraph:
“(19) Legal assistance
“(A) The term legal assistance means assistance provided by or under the direct supervision of a person described in subparagraph (B) to a person described in subparagraph (C) relating to a matter described in subparagraph (D).
“(B) A person described in this subparagraph is—
“(i) a licensed attorney;
“(ii) in the case of an immigration proceeding, a Board of Immigration Appeals accredited representative;
“(iii) in the case of legal services provided at a facility operated by the Department of Veterans Affairs, a representative authorized by the Secretary who is providing legal services in connection with medical services, and other unmet legal needs, such as issues related to child custody, elder law, and landlord-tenant disputes; or
“(iv) any person who functions as an attorney or lay advocate in a Tribal court.
“(C) A person described in this subparagraph is an adult or youth victim of domestic violence, dating violence, sexual assault, or stalking.
“(D) A matter described in this subparagraph is a matter related to—
“(i) divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or order or other injunctive proceedings, related enforcement proceedings, and other similar matters;
“(ii) criminal justice investigations, prosecutions and post-conviction matters (including sentencing, parole, probation, and vacatur or expungement) that impact the victim's safety, privacy, or other interests as a victim; or
“(iii) alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement.”
in paragraph (39)—
by inserting “who cannot access, or” before “who face barriers”;
by striking “and using victim services” and inserting “, using, or receiving appropriate victim services”; and
by striking “alienage” and inserting “immigration”; and
by adding at the end the following new paragraphs:
“(46) Abuse in later life—The term abuse in later life—
“(A) means—
“(i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or
“(ii) domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and
“(B) does not include self-neglect.
“(47) Restorative practice—The term restorative practice means a process, whether court-referred 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, as well as the affected community;
“(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-referred) can agree;
“(C) is conducted in a framework that protects victim safety and supports victim autonomy; and
“(D) includes protocols to address the use of information disclosed during such process for other law enforcement purposes.
“(48) 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.
“(49) 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.
“(50) Internet enabled device—The term internet enabled device means devices that have a connection the Internet, send and receive information and data, and may be 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.
“(51) Technological abuse—The term technological abuse means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of information technology, including: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging platforms, apps, location tracking devices, communication technologies, or any other emerging technologies.
“(52) Female genital mutilation—The term “female genital mutilation” has the meaning given such term in section 116 of title 18, United States Code.
“(53) Elder abuse—The term elder abuse has the meaning given that term in section 2 of the Elder Abuse Prevention and Prosecution Act. The terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j).
“(54) 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.
“(55) Homeless—The term homeless has the meaning given such term in section 41403(6).”
in subsection (b)—
in the matter before paragraph (1), by inserting “For the purpose of all grants authorized under this title:”;
in paragraph (2), by inserting after subparagraph (G) the following:
“(H) Death of the party whose privacy had been protected—In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, such requirement shall continue to apply, and the right to authorize release of any confidential or protected information 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.
“(I) 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.”
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”;
in paragraph (6), by adding at the end the following: “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.”;
in paragraph (8), by striking “under this title” and inserting “under this title. In this title, including for the purpose of grants authorized under this title, the term violent crimes against women includes violent crimes against a person of any gender.”;
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.”;
in paragraph (13)—
in subparagraph (A)—
by inserting after “the Violence Against Women Reauthorization Act of 2013” the following: “(Public Law 113–4; 127 Stat. 54)”; and
by striking “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, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women” and inserting “the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013, the Violence Against Women Act Reauthorization Act of 2021, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women”; and
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)”;
in paragraph (14)—
by inserting after “are also victims of” the following: “forced marriage, or”; and
by inserting “, and includes services and assistance to adult survivors of child sexual assault” before the period at the end;
by striking paragraph (15); and
in paragraph (16)—
by striking paragraph (A)(iii) and inserting the following new clause:
“(iii) Technical assistance—A recipient of grant funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt, individualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the following 2 fiscal years.”
in paragraph (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,”; and
by adding at the end the following:
“(E) Ineligibility—If the Attorney General finds that a recipient of grant funds under this Act has fraudulently misused such grant funds, after reasonable notice and opportunity for a hearing, such recipient shall not be eligible to receive grant funds under this Act for up to 5 years. A misuse of grant funds or an error that does not rise to the level of fraud is not grounds for ineligibility.”
Sec. 3 Agency and Department Coordination
The heads of Executive Departments responsible for carrying out this Act are authorized to coordinate and collaborate on the prevention of domestic violence, dating violence, sexual assault, and stalking, including sharing best practices and efficient use of resources and technology for victims and those seeking assistance from the Government.
Sec. 4 Effective date
In general— Except as provided in subsection (b), this Act and the amendments made by this Act shall not take effect until October 1 of the first fiscal year beginning after the date of enactment of this Act.
Effective on date of enactment— Sections 106, 107, 205, 304, 606, 702, 801, 802, 903, and 1406 and any amendments made by such sections shall take effect on the date of enactment of this Act.
Sec. 5 Availability of funds
Any funds appropriated pursuant to an authorization of appropriations under this Act or an amendment made by this Act shall remain available until expended.
Sec. 6 Sense of Congress
Sec. 7 Inclusion of disparate impact in studies
Any study conducted under this Act or an amendment made by this Act shall include an assessment, to the extent practicable, of any disparate impacts of the matter studied, by race, ethnicity, sex, sexual orientation, and gender identity.