Section 1 Short title
This Act may be cited as the “Securing Women’s Independence For Today Act of 2023” or the “SWIFT Act of 2023”.
Securing Women’s Independence For Today Act of 2023
A BILL
To make further improvements relating to women’s rights and protections, and for other purposes.
Sec. 2 Improvements to health education curriculum
Health education in high schools— The Secretary of Education shall encourage each public high school in each State to implement health education curriculum that includes information on the prevention of rape, sexual assault, and sexual harassment.
Health education in institutions of higher education— Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
“(30) The institution will—
“(A) implement health education curriculum that includes information on the prevention of rape, sexual assault, and sexual harassment; and
“(B) require each student enrolled at such institution to complete such curriculum.”
Definitions— In this section:
High school— The term high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
State— The term State means each of the 50 States.
Sec. 3 Comprehensive education program to improve healthcare system with respect to domestic violence and sexual assault
Sense of Congress— It is the sense of the Congress that there should be a national effort to educate first responders and healthcare workers on how to engage with victims of sexual assault and violence.
Establishment of comprehensive education program described— Not later than the 13th of December after the date of the enactment of this Act, the Attorney General, in coordination and consultation with the Secretary of Health and Human Services, shall implement a comprehensive education program to improve the healthcare system in the United States and ensure that responses to domestic violence and sexual assault continually improve.
Comprehensive education program described—
In general— The comprehensive education program shall include—
enhanced training for covered employees, including—
training that considers mental health and encourages empathy;
training on taking and maintaining diligent records;
training on the proper handling of evidence; and
any other type of training relating to mental health that is recommended by the Secretary of Health and Human Services;
real world situational modules described in subsection (d).
Requirement to participate— The comprehensive education program shall be available to any covered employee. A covered employee shall complete the comprehensive education program within the first three months of hire and again at least every two years. Such participation shall be managed and required by the executive of each covered entity.
E-certification— Covered employees who have completed the comprehensive education program shall be issued an e-certificate which qualifies such an employee to interact with victims of sexual assault, sexual violence, or domestic violence.
Real world situational modules described— The comprehensive education program described under subsection (c)(1) shall include at minimum the following 13 modules:
A module detailing intake procedures for an individual documenting sexual assault.
A module detailing intake procedures for an individual documenting domestic violence.
A module detailing how to respond to a scene of domestic violence.
A module detailing how to respond to a scene of sexual assault.
A module on emotional support and empathy training.
A module on conflict de-escalation.
A module on reporting and associated procedures necessary for law enforcement efforts to investigate and prosecute perpetrators of sexual assault, sexual violence, or domestic violence.
A module on suicide prevention, de-escalation, and emergency response procedures, including how to interact with an individual dealing with suicidal thoughts or history.
A module on how to provide services to and handle the needs of victims who are minors.
A module on Federal, State, and local laws and policies related to sexual assault and domestic violence.
A module on physical evidence collection and record taking procedures for law enforcement, including mandatory reporting requirements for information reported by a victim.
A module on social services references and resources for helping victims in an individualized context.
A module on costs a victim may expect to be associated with care and costs associated with mental health resources and care.
Loss of Federal funds— Any covered entity that does not comply with the requirements of this section shall not be eligible for any Federal funding for the following year.
Fine— A covered entity found to have covered employees in violation of this section shall be fined $50,000 a month per employee who has not completed the requirements of this section.
Reducing national debt— Any fines collected pursuant to subsection (f) shall on December 13th of each year be deposited into the general fund of the Treasury for the sole purpose of reducing the national debt.
Appropriations— There is appropriated $13,000,000 per State for the Attorney General to carry out this section, to be derived from the unobligated balances of amounts previously appropriated as follows:
The unobligated balance of all amounts made available to the Attorney General to prevent, prepare for, or respond to the coronavirus as of the date of the enactment of the “Swift Act of 2023”.
To the extent the unobligated balances described in paragraph (1) do not exceed $650,000,000, an additional amount representing the difference between the amount described in paragraph (1) and $650,000,000, derived from the unobligated balances of amounts appropriated by Public Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022) for the Internal Revenue Service.
To the extent the unobligated balances described in paragraphs (1) and (2) do not exceed $650,000,000, an additional amount representing the difference between the amount described in paragraphs (1) and (2) and $650,000,000, derived from the unobligated balances of amounts appropriated to pay any interest or debt owed by the United States to the People’s Republic of China, or from any amounts made available to provide United States assistance to the People’s Republic of China.
Definitions— In this section:
Covered employee— The term covered employee includes any employee of any covered entity who directly, or has the potential to directly, interact with an individual who has been a victim of sexual assault, sexual violence, or domestic violence, including nurses, doctors, physician assistants, law enforcement officers, and first responders.
Covered entity— The term covered entity includes any entity that employs a covered employee.
Sec. 4 Prohibition on availability of funds for foreign countries that criminalize or discriminate based on gender
Prohibition— Except as provided in subsection (b), no Federal funds may be obligated or expended to provide assistance, directly or indirectly, to a country described in subsection (c) for five calendar years.
Exception—
In general— The President may authorize an obligation or expenditure of Federal funds to assist a country described in subsection (c) only if the President determines, on a case-by-case basis, that such proposed obligation or expenditure is vital to the national security interests of the United States.
Briefing— Upon making a determination under paragraph (1), the President, acting through the Secretary of State, shall provide to the appropriate congressional committees and congressional leadership a briefing on such determination.
Countries described— A country described in this subsection is a foreign country the government of which the President determines has enacted or established and is implementing any provision of law, or provision which has the force and effect of law, that criminalizes or discriminates on the basis of gender, including through such provisions that, on the basis of gender—
limit or prohibit women from—
enrolling in or attending any educational institution, school, or other program of instruction, or otherwise seeking or receiving education activities;
operating a vehicle;
freely exercising any religion; or
walking or otherwise traveling without a male escort; or
authorize (including as a form of punishment) female genital mutilation, sexual abuse, beheading, or any other practice that targets the lives of women.
Pay off the national debt— Any Federal funds not obligated or expended to provide assistance, directly or indirectly, to a country described in subsection (c) pursuant to subsection (a) or any Federal funds remaining for that fiscal year or previous years for such purpose shall be used to pay off the national debt.
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means the following:
The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
Congressional leadership— The term congressional leadership means the following:
The Speaker of the House of Representatives.
The minority leader of the House of Representatives.
The majority leader of the Senate.
The minority leader of the Senate.
Effective date— This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.
Sec. 5 Funding for prevention and response to sexual violence
There is appropriated $13,000,000 for the Director of the Centers for Disease Control and Prevention to carry out the Rape Prevention and Education Program, to be derived from the unobligated balances of amounts previously appropriated as follows:
The unobligated balance of all amounts made available Director of the Centers for Disease Control and Prevention to prevent, prepare for, or respond to the coronavirus as of the date of the enactment of the “Swift Act of 2023”.
To the extent the unobligated balances described in paragraph (1) do not exceed $13,000,000, an additional amount representing the difference between the amount described in paragraph (1) and $13,000,000, derived from the unobligated balances of amounts appropriated by Public Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022) for the Internal Revenue Service.
To the extent the unobligated balances described in paragraphs (1) and (2) do not exceed $13,000,000, an additional amount representing the difference between the amount described in paragraphs (1) and (2) and $13,000,000, derived from the unobligated balances of amounts appropriated to pay any interest or debt owed by the United States to the People’s Republic of China, or from any amounts made available to provide United States assistance to the People’s Republic of China.