SEC. 1. Short Title.
This Act may be cited as the “Violence Against Women Act Reauthorization Act of 2022”.
Division W — Violence Against Women Act Reauthorization Act of 2022
DIVISION W Violence Against Women Act Reauthorization Act of 2022
SEC. 2. Universal Definitions and Grant Conditions.
in subsection (a)—
in the matter preceding paragraph (1), by striking “ In this title” and inserting “ In this title, for the purpose of grants authorized under this title”;
by redesignating paragraphs (43) through (45) as paragraphs (50) through (52), respectively;
by redesignating paragraphs (34) through (42) as paragraphs (41) through (49), respectively;
by redesignating paragraphs (26) through (33) as paragraphs (32) through (39), respectively;
by redesignating paragraphs (18) through (25) as paragraphs (23) through (30), respectively;
by redesignating paragraphs (16) and (17) as paragraphs (22) and (21), respectively, and transferring paragraph (22), as so redesignated, so as to appear before paragraph (23), as so redesignated;
by redesignating paragraphs (12) through (15) as paragraphs (17) through (20), respectively;
by redesignating paragraph (11) as paragraph (14);
by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively;
by redesignating paragraph (8) as paragraph (12), and transferring it to appear after paragraph (11), as so redesignated;
by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively;
by redesignating paragraph (2) as paragraph (7), and transferring it to appear before paragraph (8), as so redesignated;
by redesignating paragraphs (4) and (5) as paragraphs (5) and (4), respectively, and transferring paragraph (4), as so redesignated, so as to appear after paragraph (3);
by redesignating paragraph (1) as paragraph (2);
by inserting before paragraph (2), as so redesignated, the following:
“(1) 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.”
by inserting after paragraph (5), as so redesignated, the following:
“(6) Court-based personnel; court-related personnel.—The terms ‘court-based personnel’ and ‘court-related personnel’ mean individuals working in the court, whether paid or volunteer, including—
“(A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process;
“(B) court security personnel;
“(C) personnel working in related supplementary offices or programs (such as child support enforcement); and
“(D) any other court-based or community-based personnel having responsibilities or authority to address domestic violence, dating violence, sexual assault, or stalking in the court system.”
in paragraph (12), as so redesignated, by striking “ includes felony” and all that follows through “ jurisdiction.” and inserting the following:
“(A) is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;
“(B) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
“(C) shares a child in common with the victim; or
“(D) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.”
by inserting after paragraph (12), as so redesignated, the following:
“(13) 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.”
by inserting after paragraph (14), as so redesignated, the following:
“(15) Female genital mutilation or cutting.—The term ‘female genital mutilation or cutting’ has the meaning given such term in section 116 of title 18, United States Code.
“(16) Forced marriage.—The term ‘forced marriage’ means a marriage to which 1 or both parties do not or cannot consent, and in which 1 or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking.”
by striking paragraph (17), as so redesignated, and inserting the following:
“(17) Homeless.—The term ‘homeless’ has the meaning given such term in section 41403.”
in paragraph (22), as so redesignated—
in the heading, by inserting “ ; indian tribe” after “ tribe”; and
by striking “ term ‘Indian tribe’ means” and inserting “ terms ‘Indian tribe’ and ‘Indian Tribe’ mean”;
by striking paragraph (24), as so redesignated, and inserting the following:
“(24) Legal assistance.—
“(A) Definition.—The term ‘legal assistance’ means assistance provided by or under the direct supervision of a person described in subparagraph (B) to an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking relating to a matter described in subparagraph (C).
“(B) Person described.—A person described in this subparagraph is—
“(i) a licensed attorney;
“(ii) in immigration proceedings, a Board of Immigration Appeals accredited representative;
“(iii) in claims of the Department of Veterans Affairs, a representative authorized by the Secretary of Veterans Affairs; or
“(iv) any person who functions as an attorney or lay advocate in tribal court.
“(C) Matter described.—A matter described in this subparagraph is a matter relating to—
“(i) divorce, parental rights, child support, Tribal, territorial, immigration, employment, administrative agency, housing, campus, education, healthcare, privacy, contract, consumer, civil rights, protection or other injunctive proceedings, related enforcement proceedings, and other similar matters;
“(ii) criminal justice investigations, prosecutions, and post-conviction matters (including sentencing, parole, and probation) that impact the victim’s safety, privacy, or other interests as a victim;
“(iii) alternative dispute resolution, restorative practices, or other processes intended to promote victim safety, privacy, and autonomy, and offender accountability, regardless of court involvement; or
“(iv) with respect to a conviction of a victim relating to or arising from domestic violence, dating violence, sexual assault, stalking, or sex trafficking victimization of the victim, post-conviction relief proceedings in State, local, Tribal, or territorial court.
“(D) Intake or referral.—For purposes of this paragraph, intake or referral, by itself, does not constitute legal assistance.”
by inserting after paragraph (30), as so redesignated, the following:
“(31) Restorative practice.—The term ‘restorative practice’ means a practice relating to a specific harm that—
“(A) is community-based and unaffiliated with any civil or criminal legal process;
“(B) is initiated by a victim of the harm;
“(C) involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual—
“(i) 1 or more individuals who committed the harm;
“(ii) 1 or more victims of the harm; and
“(iii) the community affected by the harm through 1 or more representatives of the community;
“(D) shall include and has the goal of—
“(i) collectively seeking accountability from 1 or more individuals who committed the harm;
“(ii) developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and
“(iii) developing a written course of action plan—
“(I) that is responsive to the needs of 1 or more victims of the harm; and
“(II) upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and
“(E) is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community.”
by inserting after paragraph (39), as so redesignated, the following:
“(40) 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 technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.”
; and
in paragraph (51), as so redesignated, by inserting “ legal assistance and” before “ legal advocacy”; and
in subsection (b)—
in paragraph (2), by adding at the end the following:
“(H) Death of the party whose privacy had been protected.—In the event of the death of any victim whose confidentiality and privacy is required to be protected under this subsection, grantees and subgrantees may share personally identifying information or individual information that is collected about deceased victims being sought for a fatality review to the extent permitted by their jurisdiction’s law and only if the following conditions are met:
“(i) The underlying objectives of the fatality review are to prevent future deaths, enhance victim safety, and increase offender accountability.
“(ii) The fatality review includes policies and protocols to protect identifying information, including identifying information about the victim’s children, from further release outside the fatality review team.
“(iii) The grantee or subgrantee makes a reasonable effort to get a release from the victim’s personal representative (if one has been appointed) and from any surviving minor children or the guardian of such children (but not if the guardian is the abuser of the deceased parent), if the children are not capable of knowingly consenting.
“(iv) The information released is limited to that which is necessary for the purposes of the fatality review.”
in paragraph (3), by striking the period at the end and inserting
“(A) the confidentiality and privacy requirements of this title are maintained; and
“(B) 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 (11)—
by striking “ Of the total” and inserting the following:
“(A) In general.—Of the total”
; and
by adding at the end the following:
“(B) Requirement.—The Office on Violence Against Women shall make all technical assistance available as broadly as possible to any appropriate grantees, subgrantees, potential grantees, or other entities without regard to whether the entity has received funding from the Office on Violence Against Women for a particular program or project, with priority given to recipients awarded a grant before the date of enactment of the Violence Against Women Act Reauthorization Act of 2022.”
in paragraph (14)—
by striking “ services and assistance to victims” and inserting
“(A) victims”
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(B) adult survivors of child sexual abuse; and
“(C) victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of female genital mutilation or cutting, or forced marriage.”
by striking paragraph (15);
by redesignating paragraph (16) as paragraph (15); and
in paragraph (15), as so redesignated—
in subparagraph (A), by striking clause (iii) and inserting the following:
“(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.”
; and
in subparagraph (C)(i), by striking “ $20,000” and inserting “ $100,000” and by inserting “ the Director or Principal Deputy Director of the Office on Violence Against Women or” before “ the Deputy Attorney General”; and
by adding at the end the following:
“(16) Innovation fund.—Of the amounts appropriated to carry out this title, not more than 1 percent shall be made available for pilot projects, demonstration projects, and special initiatives designed to improve Federal, State, local, Tribal, and other community responses to gender-based violence.”
Definitions and Grant Conditions.— Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291) shall apply to this Act and any grant program authorized under this Act.
SEC. 3. Agency and Department Coordination.
Each head of an Executive department (as defined in section 101 of title 5, United States Code) responsible for carrying out a program under this Act, the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), or the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) may 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 Federal 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, 304, 606, 803, and 1306 and any amendments made by such sections shall take effect on the date of enactment of this Act.
SEC. 5. Sense of Congress.
SEC. 6. Severability.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions or amendment to any other person or circumstance, shall not be affected.
TITLE I Enhancing Legal Tools to Combat Domestic Violence, Dating Violence, Sexual Assault, and Stalking
SEC. 101. Stop Grants.
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—
in section 2001 (34 U.S.C. 10441)—
in subsection (b)—
in paragraph (3), by inserting before the semicolon at the end the following: “ , including implementation of the grant conditions in section 40002(b) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b))”;
in paragraph (5), by inserting “ and legal assistance” after “ improving delivery of victim services”; and
in paragraph (9)—
by striking “ older and disabled women” and inserting “ individuals 50 years of age or over, individuals with disabilities, and Deaf individuals”;
by inserting “ legal assistance,” after “ counseling,”; and
by striking “ older and disabled individuals” and inserting “ individuals”;
in paragraph (11), by inserting before the semicolon at the end the following: “ , including rehabilitative work with offenders”;
in paragraph (19), by striking “ and” at the end;
in paragraph (20)—
by striking “ or stalking” and inserting “ stalking, or female genital mutilation or cutting”; and
by striking the period at the end and inserting a semicolon; and
by inserting after paragraph (20), the following:
“(21) developing, enhancing, or strengthening programs and projects to improve evidence collection methods for victims of domestic violence, dating violence, sexual assault, or stalking, including through funding for technology that better detects bruising and injuries across skin tones and related training;
“(22) developing, enlarging, or strengthening culturally specific victim services programs to provide culturally specific victim services and responses to female genital mutilation or cutting;
“(23) providing victim advocates in State or local law enforcement agencies, prosecutors’ offices, and courts to provide supportive services and advocacy to Indian victims of domestic violence, dating violence, sexual assault, and stalking; and
“(24) paying any fees charged by any governmental authority for furnishing a victim or the child of a victim with any of the following documents:
“(A) A birth certificate or passport of the individual, as required by law.
“(B) An identification card issued to the individual by a State or Tribe, that shows that the individual is a resident of the State or a member of the Tribe.”
; and
in subsection (d)(3), in the matter preceding subparagraph (A), by striking “ 2014 through 2018” and inserting “ 2023 through 2027”;
in section 2007 (34 U.S.C. 10446)—
in subsection (d)—
by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and
by inserting after paragraph (4) the following:
“(5) proof of compliance with the requirements regarding training for victim-centered prosecution described in section 2017;
“(6) certification of compliance with the grant conditions under section 40002(b) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)), as applicable;”
in subsection (i)—
in paragraph (1), by inserting before the semicolon at the end the following: “ and the requirements under section 40002(b) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)), as applicable”; and
in paragraph (2)(C)(iv), by inserting after “ ethnicity,” the following: “ sexual orientation, gender identity,”; and
in subsection (j)(2), by adding a period at the end; and
by adding at the end the following:
“SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
“In order for a prosecutor’s office to be eligible to receive grant funds under this part, the head of the office shall certify, to the State, Indian Tribal government, or territorial government receiving the grant funding, that the office will, during the 3-year period beginning on the date on which the grant is awarded, engage in planning, developing and implementing—
“(1) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;
“(2) policies that support a victim-centered approach, informed by such training; and
“(3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim.”
Authorization of Appropriations.— Section 1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(18)) is amended by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 102. Grants to Improve the Criminal Justice Response.
Heading.— Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended in the heading, by striking “ grants to encourage arrest policies” and inserting “ grants to improve the criminal justice response”.
Grants.— Section 2101 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461) is amended—
by striking subsection (a) and inserting the following:
“(a) Purpose.—The purpose of this part is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims.”
in subsection (b)—
in paragraph (1), by striking “ proarrest” and inserting “ offender accountability and homicide reduction”;
in paragraph (5), by striking “ legal advocacy service programs” and inserting “ legal advocacy and legal assistance programs”;
in paragraph (8), by striking “ older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002))” and inserting “ individuals 50 years of age or over, Deaf individuals,”;
in paragraph (19), by inserting before the period at the end the following “ , including victims among underserved populations (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)))”; and
by adding at the end the following:
“(25) To develop Statewide databases with information on where sexual assault nurse examiners are located.
“(26) 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.”
; and
in subsection (c)(1)—
in subparagraph (A)—
in clause (i), by striking “ encourage or mandate arrests of domestic violence offenders” and inserting “ encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders”; and
in clause (ii), by striking “ encourage or mandate arrest of domestic violence offenders” and inserting “ encourage arrest of offenders”;
in subparagraph (E)(ii), by striking “ and” at the end; and
by inserting after subparagraph (E) the following:
“(F) except for a court, not later than 3 years after the date on which an eligible grantee receives the first award under this part after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022, certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located ensure that prosecutor’s offices engage in planning, developing, and implementing—
“(i) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;
“(ii) policies that support a victim-centered approach, informed by such training; and
“(iii) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim; and
“(G) except for a court, certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located prohibits the prosecution of a minor under the age of 18 with respect to prostitution; and”
Authorization of Appropriations.— Section 1001(a)(19) of title I 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 “ 2023 through 2027”.
SEC. 103. Legal Assistance for Victims.
Section 1201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C. 20121) is amended—
in subsection (a), by inserting after “ no cost to the victims.” the following: “ When legal assistance to a dependent is necessary for the safety of a victim, such assistance may be provided.”;
in subsection (d)—
by amending paragraph (1) to read as follows:
“(1) any person providing legal assistance through a program funded under this section—
“(A)
(i) is a licensed attorney or is working under the direct supervision of a licensed attorney;
“(ii) in immigration proceedings, is a Board of Immigration Appeals accredited representative;
“(iii) in Veterans’ Administration claims, is an accredited representative; or
“(iv) is any person who functions as an attorney or lay advocate in Tribal court; and
“(B)
(i) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or
“(ii)
(I) is partnered with an entity or person that has demonstrated expertise described in clause (i); and
“(II) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide;”
in paragraph (2), by striking “ or local” and insert the following: “ local, or culturally specific”;
in paragraph (4), after “dating violence,” by inserting “ stalking,”; and
in subsection (f)(1)—
by striking “ $57,000,000” and inserting “ $60,000,000”; and
by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
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—
in subsection (b)(8), by striking “ to improve” and inserting “ improve”;
in subsection (e), by striking “ 2014 through 2018” and inserting “ 2023 through 2027”; and
by adding at the end the following:
“(g) Cultural Relevance.—Any services provided pursuant to a grant funded under this section shall be provided in a culturally relevant manner.”
SEC. 105. Outreach and Services to Underserved Populations Grants.
Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20123) is amended—
in subsection (b)(3), by inserting “ Native Hawaiian,” before “ or local organization”;
in subsection (d)—
in paragraph (4)—
by striking “ effectiveness” and inserting “ response”;
by inserting “ population-specific” before “ training”; and
by striking “ or” at the end;
in paragraph (5), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(6) developing, enlarging, or strengthening culturally specific programs and projects to provide culturally specific services regarding responses to, and prevention of, female genital mutilation and cutting; or
“(7) strengthening the response of social and human services by providing population-specific training for service providers on domestic violence, dating violence, sexual assault, or stalking in underserved populations.”
; and
in subsection (g)—
by striking “ $2,000,000” and inserting “ $6,000,000”; and
by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 106. Criminal Provisions.
Section 2265(d)(3) of title 18, United States Code, is amended—
by striking “ restraining order or injunction,”; and
by adding at the end the following: “ The prohibition under this paragraph applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe.”.
SEC. 107. Rape Survivor Child Custody.
Section 409 of the Justice for Victims of Trafficking Act of 2015 (34 U.S.C. 21308) is amended by striking “ 2015 through 2019” and inserting “ 2023 through 2027”.
SEC. 108. Enhancing Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20124) is amended—
in subsection (a)—
in paragraph (1)—
by striking “ paragraph (a)(2) of this subsection” and inserting “ paragraph (2)”; and
by striking “ shall take 5 percent of such appropriated amounts” and inserting “ shall take 15 percent of such appropriated amounts for the program under paragraph (2)(A) and 5 percent of such appropriated amounts for the programs under subparagraphs (B) through (E) of paragraph (2)”; and
by adding at the end the following:
“(3) Additional authorization of appropriations.—In addition to the amounts made available under paragraph (1), there are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2023 through 2027.
“(4) Distribution.—
“(A) In general.—Of the total amount available for grants under this section, not less than 40 percent of such funds shall be allocated for programs or projects that meaningfully address non-intimate partner relationship sexual assault.
“(B) Alternative allocation.—Notwithstanding 40002(b)(11) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(11)), the Director may allocate a portion of funds described in subparagraph (A) to enhanced technical assistance relating to non-intimate partner sexual assault if the Office on Violence Against Women does not receive sufficient qualified applications proposing to address non-intimate partner relationship sexual assault.”
in subsection (b)(3), by adding at the end the following: “ Not less than 1 such organization shall have demonstrated expertise primarily in domestic violence services, and not less than 1 such organization shall have demonstrated expertise primarily in non-intimate partner sexual assault services.”;
by striking subsection (e); and
by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.
SEC. 109. Pilot Program on Restorative Practices.
In General.— The Violence Against Women Act of 1994 (title IV of Public Law 103–322), as amended by section 205, is further amended by adding at the end the following:
“Subtitle R— Restorative Practices
“SEC. 41801. PILOT PROGRAM ON RESTORATIVE PRACTICES.
“(a) Definitions.—In this section:
“(1) Director.—The term ‘Director’ means the Director of the Office on Violence Against Women.
“(2) Eligible entity.—The term ‘eligible entity’ means—
“(A) a State;
“(B) a unit of local government;
“(C) a tribal government;
“(D) a tribal organization;
“(E) a victim service provider;
“(F) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and
“(G) a private or public nonprofit organization, including—
“(i) a tribal nonprofit organization; and
“(ii) a faith-based nonprofit organization.
“(3) Restorative practice.—The term ‘restorative practice’ means a practice relating to a specific harm that—
“(A) is community-based and unaffiliated with any civil or criminal legal process;
“(B) is initiated by a victim of the harm;
“(C) involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual—
“(i) 1 or more individuals who committed the harm;
“(ii) 1 or more victims of the harm; and
“(iii) the community affected by the harm through 1 or more representatives of the community;
“(D) shall include and has the goal of—
“(i) collectively seeking accountability from 1 or more individuals who committed the harm;
“(ii) developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and
“(iii) developing a written course of action plan—
“(I) that is responsive to the needs of 1 or more victims of the harm; and
“(II) upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and
“(E) is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community.
“(b) Grants Authorized.—The Director shall award grants to eligible entities to develop and implement a program, or to assess best practices, for—
“(1) restorative practices to prevent or address domestic violence, dating violence, sexual assault, or stalking;
“(2) training by eligible entities, or for eligible entities, courts, or prosecutors, on restorative practices and program implementation; and
“(3) evaluations of a restorative practice described in paragraph (1).
“(c) Priority.—In awarding grants under subsection (b), the Director shall give priority to eligible entities that submit proposals that meaningfully address the needs of culturally specific or underserved populations.
“(d) Qualifications.—To be eligible to receive a grant under this section, an eligible entity shall demonstrate a history of comprehensive training and experience in working with victims of domestic violence, dating violence, sexual assault, or stalking.
“(e) Program Requirements.—
“(1) In general.—An eligible entity or a subgrantee of an eligible entity that offers a restorative practices program with funds awarded under this section shall ensure that such program—
“(A) includes set practices and procedures for screening the suitability of any individual who committed a harm based on—
“(i) the history of civil and criminal complaints against the individual involving domestic violence, sexual assault, dating violence, or stalking;
“(ii) parole or probation violations of the individual or whether active parole or probation supervision of the individual is being conducted for prior offenses involving domestic violence, sexual assault, dating violence, or stalking;
“(iii) the risk to the safety of any victim of the harm based on an evidence-based risk assessment;
“(iv) the risk to public safety, including an evidence-based risk assessment of the danger to the public; and
“(v) past participation of any individual who committed the harm in restorative practice programing; and
“(B) denies eligibility to participate in the program for any individual who committed a harm against whom there is—
“(i) a pending felony or misdemeanor prosecution for an offense against any victim of the harm or a dependent of any such victim;
“(ii) a restraining order or a protection order (as defined in section 2266 of title 18, United States Code) that protects any victim of the harm or a dependent of any such victim, unless there is an exception in the restraining order or protective order allowing for participation in a restorative practices program;
“(iii) a pending criminal charge involving or relating to sexual assault, including rape, human trafficking, or child abuse, including child sexual abuse; or
“(iv) a conviction for child sexual abuse against the victim or a sibling of the victim if the victim or sibling of the victim is currently a minor.
“(2) Referral.—With respect to a risk assessment described in paragraph (1)(A)(iii) for which an eligible entity or a subgrantee of an eligible entity determines that a victim or a dependent of a victim are at significant risk of subsequent serious injury, sexual assault, or death, the eligible entity or subgrantee shall refer the victim or dependent to other victim services, instead of restorative practices.
“(f) Nondisclosure of Confidential or Private Information.—For the purpose of section 40002(b)(2), an individual described in subsection (a)(3)(C) shall be considered a person receiving services.
“(g) Relation to Criminal Justice Intervention.—Restorative practices performed with funds awarded under this section are not intended to function as a replacement for criminal justice intervention for a specific harm.
“(h) Reports.—
“(1) Report to director.—As a part of the report required to be submitted under section 40002(b)(6), an eligible entity that receives a grant under this section shall annually submit to the Director information relating to the effectiveness of the restorative practices carried out with amounts from the grant, including—
“(A) the number of individuals for whom the eligible entity supported a restorative practice;
“(B) if applicable, the number of individuals who—
“(i) sought restorative practices from the eligible entity; and
“(ii) the eligible entity could not serve;
“(C) if applicable, the number of individuals—
“(i) who sought restorative practice training;
“(ii) who received restorative practice training;
“(iii) who provided restorative practice training; and
“(iv) to whom the eligible entity could not provide restorative practice training;
“(D) a victim evaluation component that is documented through survey or interview, including the satisfaction of victims of a harm with the restorative practice services;
“(E) if applicable, the number of individuals who committed a harm and—
“(i) successfully completed and executed a written course of action plan;
“(ii) failed to successfully complete and execute a written course of action plan; and
“(iii) were involved in a criminal or civil complaint involving domestic violence, dating violence, sexual assault, or stalking against the victims or victims during the course of the restorative practice process; and
“(F) any other qualitative or quantitative information determined by the Director.
“(2) Report to congress.—Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Director shall submit to Congress a report that summarizes the reports received by the Director under paragraph (1).
“(i) Authorization of Appropriations.—There are authorized to be appropriated to the Director such sums as may be necessary for each of fiscal years 2023 through 2027 to carry out this section.”
Clerical Amendment.— The table of contents in section 2 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) is amended by inserting after the item relating to section 41601 the following:
“Subtitle R— Restorative Practices
“Sec. 41801. Pilot program on restorative practices.”.
TITLE II Improving Services for Victims
SEC. 201. Sexual Assault Services Program.
Section 41601 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12511) is amended—
in subsection (b)—
in paragraph (2)(C)(iii), by inserting “ direct payments,” before “ and comprehensive”; and
in paragraph (4), by striking “ 0.25 percent” and inserting “ 0.5 percent”;
in subsection (c)—
in paragraph (4)—
by striking “ (4) Distribution” and all that follows through “ The Attorney General” and inserting the following:
“(4) Distribution.—The Attorney General”
; and
by striking subparagraph (B);
by redesignating paragraph (6) as paragraph (7); and
by inserting after paragraph (5) the following:
“(6) Technical assistance.—The Attorney General shall provide technical assistance to recipients of grants under this subsection by entering into a cooperative agreement or contract with a national, nonprofit, nongovernmental organization or organizations whose primary focus and expertise is in addressing sexual assault within culturally specific communities.”
; and
in subsection (f)—
in paragraph (1), by striking “ $40,000,000 to remain available until expended for each of fiscal years 2014 through 2018” and inserting “ $100,000,000 to remain available until expended for each of fiscal years 2023 through 2027”; and
in paragraph (2)(B)—
by striking “ 2.5” and inserting “ 8”; and
by striking the semicolon at the end and inserting “ of which not less than 20 percent shall be available for technical assistance to recipients and potential recipients of grants under subsection (c);”.
SEC. 202. Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance Program.
Section 40295 of the Violence Against Women Act of 1994 (34 U.S.C. 12341) is amended—
in subsection (a)—
in paragraph (2), by striking “ and” at the end;
in paragraph (3)(B), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(4) to develop, expand, implement, and improve the quality of sexual assault forensic medical examination or sexual assault nurse examiner programs.”
in subsection (b)—
in paragraph (4), by striking the period at the end and inserting a semicolon; and
in paragraph (5)—
by inserting after “ by the lack of access to” the following: “ quality forensic sexual assault examinations by trained health care providers,”; and
by striking “ shelters and” and inserting “ shelters, and”; and
in subsection (e)(1), by striking “ $50,000,000 for each of fiscal years 2014 through 2018” and inserting “ $100,000,000 for each of fiscal years 2023 through 2027”.
SEC. 203. Grants for Training and Services to End Violence Against Individuals with Disabilities and Deaf People.
Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (34 U.S.C. 20122) is amended—
in the heading—
by striking “ women” and inserting “ individuals”; and
by inserting after “ disabilities” the following: “ and deaf people”;
in subsection (a)(1)—
by striking “ and sexual assault” and inserting “ sexual assault, and abuse by caregivers”; and
by inserting after “ with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102))” the following: “ and Deaf people”;
in subsection (b)—
by striking “ disabled individuals” each place it appears and inserting “ individuals with disabilities and Deaf people”;
in paragraph (3), by inserting after “ law enforcement” the following: “ and other first responders”; and
in paragraph (8), by striking “ providing advocacy and intervention services within” and inserting “ to enhance the capacity of”;
in subsection (c)(1)(D), by striking “ disabled individuals” and inserting “ individuals with disabilities and Deaf people”; and
in subsection (e)—
by striking “ $9,000,000” and inserting “ $15,000,000”; and
by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 204. Training and Services to End Abuse in Later Life.
Subtitle H of the Violence Against Women Act of 1994 (34 U.S.C. 12421 et seq.) is amended—
in the subtitle heading, by striking “ Enhanced Training” and inserting “ Training”; and
in section 40801 (34 U.S.C. 12421)—
in the section heading, by striking “ enhanced training” and inserting “ training”;
by striking subsection (a); and
in subsection (b)—
by striking “ (b) Grant Program.—” and all that follows through paragraph (1) and inserting the following: “ The Attorney General shall make grants to eligible entities in accordance with the following:”;
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;
in paragraph (1), as so redesignated—
by striking “ , including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect” each place it appears;
in subparagraph (A)—
in clause (i)—
by striking “ elder abuse” and inserting “ abuse in later life”; and
by striking “ victim advocates, and” and inserting “ victim advocates, or”; and
in clause (iv), by striking “ advocates, victim service providers, and courts to better serve victims of abuse in later life” and inserting “ leaders, victim advocates, victim service providers, courts, and first responders to better serve older victims”; and
in subparagraph (B)—
in clause (i), by striking “ or other community-based organizations in recognizing and addressing instances of abuse in later life” and inserting “ community-based organizations, or other professionals who may identify or respond to abuse in later life”; and
in clause (ii), by striking “ elder abuse and”;
in paragraph (2), as so redesignated—
in subparagraph (A)—
in clause (iv), by striking “ with demonstrated experience in assisting individuals over 50 years of age”; and
in clause (v), by striking “ with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking”; and
in subparagraph (B)(iv), by striking “ in later life;” and inserting “ 50 years of age or over.”; and
in paragraph (4), as so redesignated—
by striking “ $9,000,000” and inserting “ $10,000,000”; and
by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 205. Abby Honold Act.
Short Title.— This section may be cited as the “Abby Honold Act”.
Amendment.— Title IV of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291 et seq.) is amended by adding at the end the following:
“Subtitle Q— Trauma-Informed, Victim-Centered Training for Law Enforcement
“SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED, VICTIM-CENTERED TRAINING FOR LAW ENFORCEMENT.
“(a) Definitions.—In this section—
“(1) the term ‘Attorney General’ means the Attorney General, acting through the Director of the Office on Violence Against Women;
“(2) the term ‘covered individual’ means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including—
“(A) an individual working for or on behalf of an eligible entity;
“(B) an administrator or personnel of a school, university, or other educational program or activity (including a campus police officer or a school resource officer); and
“(C) an emergency services or medical employee;
“(3) the term ‘demonstration site’, with respect to an eligible entity that receives a grant under this section, means the area over which the eligible entity has jurisdiction;
“(4) the term ‘eligible entity’ means a State, local, territorial, or Tribal law enforcement agency; and
“(5) the term ‘mandatory partner’ means a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in paragraph (4).
“(b) Grants Authorized.—
“(1) In general.—The Attorney General shall award grants on a competitive basis to eligible entities to collaborate with their mandatory partners to carry out the demonstration program under this section by implementing evidence-based or promising investigative policies and practices to incorporate trauma-informed, victim-centered techniques designed to—
“(A) prevent re-traumatization of the victim;
“(B) ensure that covered individuals use evidence-based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking;
“(C) improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible;
“(D) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and
“(E) evaluate the effectiveness of the training process and content.
“(2) Award basis.—The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and communities, including—
“(A) urban, suburban, Tribal, remote, and rural areas;
“(B) college campuses; or
“(C) traditionally underserved communities.
“(c) Use of Funds.—An eligible entity that receives a grant under this section shall use the grant to—
“(1) train covered individuals within the demonstration site of the eligible entity to use evidence-based, trauma-informed, and victim-centered techniques and knowledge of crime victims’ rights throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by—
“(A) conducting victim interviews in a manner that—
“(i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and
“(ii) avoids re-traumatization of the victim;
“(B) conducting field investigations that mirror best and promising practices available at the time of the investigation;
“(C) customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served;
“(D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking—
“(i) facilitated by alcohol or drugs;
“(ii) involving strangulation;
“(iii) committed by a non-stranger;
“(iv) committed by an individual of the same sex as the victim;
“(v) involving a victim with a disability;
“(vi) involving a male victim; or
“(vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as ‘LGBT’) victim;
“(E) developing collaborative relationships between—
“(i) law enforcement officers and other members of the response team; and
“(ii) the community being served; and
“(F) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and
“(2) promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable.
“(d) Demonstration Program Trainings on Trauma-Informed, Victim-Centered Approaches.—
“(1) Identification of existing trainings.—
“(A) In general.—The Attorney General shall identify trainings for law enforcement officers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that—
“(i) employ a trauma-informed, victim-centered approach to domestic violence, dating violence, sexual assault, and stalking; and
“(ii) focus on the fundamentals of—
“(I) trauma responses;
“(II) the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking; and
“(III) techniques for effectively investigating domestic violence, dating violence, sexual assault, and stalking.
“(B) Selection.—An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity.
“(2) Consultation.—In carrying out paragraph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed, victim-centered care for victims of domestic violence, dating violence, sexual assault, and stalking.
“(e) Evaluation.—The Attorney General, in consultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to—
“(1) design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds;
“(2) periodically conduct an evaluation described in paragraph (1); and
“(3) periodically make publicly available, during the grant period—
“(A) preliminary results of the evaluations conducted under paragraph (2); and
“(B) recommendations for improving the use of the grant funds.
“(f) Authorization of Appropriations.—There are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section.
“(g) Rule of Construction.—Nothing in this section shall be construed to interfere with the due process rights of any individual.”
SEC. 206. Lgbt Specific Services Program.
Establishment.— The Attorney General, acting through the Director of the Violence Against Women Office (referred to in this section as the “Director”), shall make grants to eligible entities to enhance lesbian, gay, bisexual, and transgender (referred to in this section as “LGBT”) specific services for victims of domestic violence, dating violence, sexual assault and stalking.
Purpose of Program and Grants .—
General program purpose.— The purpose of the program required by this section is to promote the following:
The maintenance and replication of existing successful LGBT specific domestic violence, dating violence, sexual assault, and stalking community-based programs providing services and resources for LGBT victims of domestic violence, dating violence, sexual assault, and stalking.
The development of innovative LGBT specific strategies and projects to enhance access to services and resources for LGBT victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
Purposes for which grants may be used.— The Director shall make grants to community-based programs for the purpose of enhancing LGBT specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive LGBT specific responses to domestic violence, dating violence, sexual assault, and stalking, including—
providing or enhancing services for LGBT victims of domestic violence, dating violence, sexual assault, or stalking, including services that address the safety, emotional well-being, economic, housing, legal and workplace needs of LGBT victims;
supporting programs that specifically address underserved LGBT communities, including culturally specific communities, to provide specific resources and support for LGBT underserved victims of domestic violence, dating violence, sexual assault, and stalking;
working in cooperation with the community to develop education and prevention strategies highlighting LGBT specific issues and resources regarding victims of domestic violence, dating violence, sexual assault, and stalking;
conducting outreach activities to ensure that LGBT people who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance;
providing training for victim service providers, governmental agencies, courts, law enforcement and other first responders, and nonprofit, nongovernmental organizations serving the LGBT community about risk reduction, intervention, prevention, and the nature of domestic violence, dating violence, stalking, and sexual assault;
developing and implementing LGBT specific programming that focuses on victim autonomy, agency, and safety in order to provide resolution and restitution for the victim; and
providing LGBT specific programs for the non-offending LGBT parents of children exposed to domestic violence, dating violence, sexual assault, and stalking.
Technical assistance and training.— The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provision of effective LGBT specific community-based services by entering into cooperative agreements or contracts with an organization or organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of LGBT specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking.
Eligible Entities.— Eligible entities for grants under this section include—
community-based organizations, the primary purpose of which is providing LGBT specific services to victims of domestic violence, dating violence, sexual assault, and stalking; and
community-based organizations, the primary purpose of which is providing LGBT specific services that can partner with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and stalking, and that agrees to receive technical assistance from a program with LGBT specific expertise.
Reporting.— The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to LGBT victims of domestic violence, dating violence, sexual assault, and stalking and the types of LGBT specific programs, strategies, technical assistance, and training developed or enhanced through this program.
Evaluation.— The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
Non-Exclusivity.— Nothing in this section shall be construed to exclude LGBT community-based organizations from applying to other grant programs authorized under this Act.
Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
TITLE III Services, Protection, and Justice for Young Victims
SEC. 301. Rape Prevention and Education Grant.
Section 393A of the Public Health Service Act (42 U.S.C. 280b–1b) is amended—
in subsection (a)—
in paragraph (2), by inserting before the semicolon at the end the following “ or utilization of other communication technologies for purposes related to such a hotline”;
in paragraph (3), by striking “ professionals” and inserting “ professionals, including school-based professionals, to identify and refer students who may have experienced or are at risk of experiencing sexual violence”; and
in paragraph (7)—
by striking “ sexual assault” and inserting “ sexual violence, sexual assault, and sexual harassment”; and
by inserting “ and Deaf individuals” before the period at the end;
in subsection (b), by striking “ Indian tribal” and inserting “ Indian Tribal”;
by redesignating subsection (c) and (d) as subsections (d) and (e), respectively;
by inserting the following new subsection after subsection (b):
“(c) Meaningful Involvement of State Sexual Assault Coalitions, Culturally Specific Organizations, and Underserved Communities.—In awarding funds to States under this section, the Secretary shall set forth procedures designed to ensure meaningful involvement of sexual assault coalitions, culturally specific organizations, and representatives from underserved communities of the State or territory in the application for, and implementation of, funding.”
in subsection (d) (as redesignated by paragraph (3))—
in paragraph (1), by striking “ $50,000,000 for each of fiscal years 2014 through 2018” and inserting “ $100,000,000 for each of fiscal years 2023 through 2027”;
in paragraph (3), by adding at the end the following: “ Not less than 80 percent of the total amount made available under this subsection in each fiscal year shall be awarded in accordance with this paragraph.”; and
by adding at the end the following:
“(4) State, territorial, and tribal sexual assault coalition allotment.—
“(A) In general.—Of the total amount appropriated under this subsection for a fiscal year, not less than 15 percent shall be allocated to State, territorial, and Tribal sexual assault coalitions for the purposes of coordinating and providing prevention activities, providing assistance to prevention programs, and collaborating and coordinating with applicable Federal, State, Tribal, and local entities engaged in sexual violence prevention, in accordance with this paragraph.
“(B) Allocations.—Of the total amount appropriated under this subsection and allocated to making awards to sexual assault coalitions, as described in subparagraph (A), for a fiscal year—
“(i) not less than 10 percent shall be made available to Tribal sexual assault coalitions; and
“(ii) any remaining amounts shall be made available, in equal amounts, to each State coalition and each territorial coalition.
“(C) Clarification.—Receipt of an award under this subsection by a sexual assault coalition shall not preclude the coalition from receiving additional grants or administering funds to carry out the purposes described in subsection (a).”
; and
by adding at the end the following:
“(f) Report.—Not later than 1 year after the date of the enactment of the Violence Against Women Act Reauthorization Act of 2022, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives and the Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on the Judiciary of the Senate a report on the activities funded by grants awarded under this section and best practices relating to rape prevention and education.”
SEC. 302. Creating Hope Through Outreach, Options, Services, and Education (choose) for Children and Youth.
Section 41201 of the Violence Against Women Act of 1994 (34 U.S.C. 12451) is amended—
in subsection (b)—
in paragraph (1)—
in the matter preceding subparagraph (A), in the first sentence, by striking “ target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking” and inserting “ target youth, including youth in underserved populations, who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking”;
in subparagraph (B), by striking “ or” at the end;
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
by inserting after subparagraph (C) the following:
“(D) clarify State or local mandatory reporting policies and practices regarding peer-on-peer dating violence, sexual assault, stalking, and sex trafficking; or
“(E) develop, enlarge, or strengthen culturally specific victim services and responses related to, and prevention of, female genital mutilation or cutting.”
in paragraph (2)—
in subparagraph (A), by striking “ stalking, or sex trafficking” and inserting “ stalking, sex trafficking, or female genital mutilation or cutting”;
in subparagraph (C), by inserting “ confidential” before “ support services”; and
in subparagraph (E), by inserting after “ programming for youth” the following: “ , including youth in underserved populations,”; and
by adding at the end the following:
“(3) Children exposed to violence and abuse.—To develop, maintain, or enhance programs designed to prevent future incidents of domestic violence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children’s exposure to violence in the home, including by—
“(A) providing services for children exposed to domestic violence, dating violence, sexual assault or stalking, including—
“(i) direct counseling or advocacy; and
“(ii) support for the non-abusing parent; and
“(B) training and coordination for educational, after-school, and childcare programs on how to—
“(i) safely and confidentially identity children and families experiencing domestic violence, dating violence, sexual assault, or stalking; and
“(ii) properly refer children exposed and their families to services and violence prevention programs.
“(4) Teen dating violence awareness and prevention.—To develop, maintain, or enhance programs that change attitudes and behaviors around the acceptability of domestic violence, dating violence, sexual assault, and stalking and provide education and skills training to young individuals and individuals who influence young individuals, which—
“(A) may include the use evidenced-based, evidence-informed, or innovative strategies and practices focused on youth; and
“(B) shall include—
“(i) age and developmentally-appropriate education on—
“(I) domestic violence;
“(II) dating violence;
“(III) sexual assault;
“(IV) stalking;
“(V) sexual coercion; and
“(VI) healthy relationship skills, in school, in the community, or in health care settings;
“(ii) community-based collaboration and training for individuals with influence on youth, such as parents, teachers, coaches, healthcare providers, faith leaders, older teens, and mentors;
“(iii) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and
“(iv) policy development targeted to prevention, including school-based policies and protocols.”
in subsection (c)—
in paragraph (1)(A)—
by inserting “ organization” after “ tribal nonprofit”; and
by inserting “ Native Hawaiian organization, urban Indian organization,” before “ or population-specific community-based organization”; and
in paragraph (2)(A), by striking “ paragraph (1)” and inserting “ subparagraph (A) or (B) of paragraph (1)”;
in subsection (d)(3), by striking the period at the end and inserting “ , including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served.”; and
in subsection (f), by striking “ $15,000,000 for each of fiscal years 2014 through 2018” and inserting “ $30,000,000 for each of fiscal years 2023 through 2027”.
SEC. 303. Grants to Combat Violent Crimes on Campuses.
In General.— Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is amended—
in subsection (a)—
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2);
in subsection (b)—
by amending paragraph (2) to read as follows:
“(2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and all participants in the resolution process, including personnel from the Title IX coordinator’s office, student conduct office, and campus disciplinary or judicial boards on such policies, protocols, and services that promote a prompt, fair, and impartial investigation.”
by amending paragraph (3) to read as follows:
“(3) To provide prevention and education programming about domestic violence, dating violence, sexual assault, and stalking, including technological abuse and reproductive and sexual coercion, that is age-appropriate, culturally relevant, ongoing, delivered in multiple venues on campus, accessible, promotes respectful nonviolent behavior as a social norm, and engages men and boys. Such programming should be developed in partnership or collaboratively with experts in intimate partner and sexual violence prevention and intervention.”
in paragraph (9), by striking “ and provide” and inserting “ , provide, and disseminate”;
in paragraph (10), by inserting after “ or adapt” the following: “ and disseminate”; and
by inserting after paragraph (10) the following:
“(11) To train campus health centers and appropriate campus faculty, such as academic advisors or professionals who deal with students on a daily basis, on how to recognize and respond to domestic violence, dating violence, sexual assault, and stalking, including training health providers on how to provide universal education to all members of the campus community on the impacts of violence on health and unhealthy relationships and how providers can support ongoing outreach efforts.
“(12) To train campus personnel in how to use a victim-centered, trauma-informed interview technique, which means asking questions of a student or a campus employee who is reported to be a victim of sexual assault, domestic violence, dating violence, or stalking, in a manner that is focused on the experience of the reported victim, that does not judge or blame the reported victim for the alleged crime, and that is informed by evidence-based research on trauma response. To the extent practicable, campus personnel shall allow the reported victim to participate in a recorded interview and to receive a copy of the recorded interview.
“(13) To develop and implement restorative practices (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a))).”
in subsection (c)(3), by striking “ 2014 through 2018” and inserting “ 2023 through 2027”;
in subsection (d)—
in paragraph (3)—
in subparagraph (B), by striking “ for all incoming students” and inserting “ for all students”; and
by striking subparagraph (D) and inserting the following:
“(D) The grantee shall train all participants in the resolution process, including the campus disciplinary board, the title IX coordinator’s office, and the student conduct office, to respond effectively to situations involving domestic violence, dating violence, sexual assault, or stalking.”
; and
in paragraph (4)(C), by inserting after “ sex,” the following: “ sexual orientation, gender identity,”; and
in subsection (e), by striking “ $12,000,000 for each of fiscal years 2014 through 2018” and inserting “ $15,000,000 for each of fiscal years 2023 through 2027, of which not less than 10 percent shall be made available for grants to historically Black colleges and universities”.
Report on Best Practices Regarding Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campuses.— Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report, which shall include—
an evaluation of programs, events, and educational materials related to domestic violence, dating violence, sexual assault, and stalking; and
an assessment of best practices and guidance from the evaluation described in paragraph (1), which shall be made publicly available online to universities and college campuses to use as a resource.
SEC. 304. Study on State Coverage of Forensic Examinations and Related Costs Following a Sexual Assault.
Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall issue a report to Congress on requirements and funding of States for forensic exams conducted after sexual assaults and any related medical expenses, as applicable, which shall include, with respect to each State—
the total annual cost of conducting forensic exams described in section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
each funding source used to pay for the forensic exams described in section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b));
a description of any laws or policies of the State to ensure that individuals do not receive bills for all or part of the cost of forensic exams conducted after sexual assaults, consistent with section 2010(b) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b)), including any oversight to ensure those individuals do not receive bills;
an identification of any best practices implemented by the State to ensure that individuals do not receive bills for forensic exams conducted after sexual assaults;
any requirements under laws of the State relating to payment for medical expenses and ancillary costs relating to a sexual assault, which may include treatment of injuries associated with the assault, imaging (including x-rays, MRIs, and CAT scans), and other emergency medical care required as a result of the sexual assault for which a victim receives a forensic exam; and
if a law of the State requires the State to pay for the medical expenses described in paragraph (5)—
a detailed list of which medical expenses require coverage;
the total annual cost of medical expenses relating to a sexual assault for which a victim receives a forensic exam outside of the cost of the forensic exam; and
each funding source the State uses to pay for medical expenses relating to a sexual assault for which a victim receives a forensic exam.
TITLE IV Violence Reduction Practices
SEC. 401. Study Conducted by the Centers for Disease Control and Prevention.
Section 402 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b–4) is amended—
in subsection (b), by striking “ violence against women” and inserting “ violence against adults, youth,”; and
in subsection (c), by striking “ the fiscal years 2014 through 2018” and inserting “ fiscal years 2023 through 2027”.
SEC. 402. Saving Money and Reducing Tragedies Through Prevention (smart Prevention) Grants.
Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C. 12463) is amended—
in subsection (a), by striking “ taking a comprehensive approach that focuses on youth, children exposed to violence, and men” and inserting “ focusing on men and youth”;
in subsection (b)—
by striking “ for the following purposes:” and all that follows through “ (3) engaging men as leaders and models.—To develop” and inserting “ to develop”; and
by inserting “ and youth” after “ men” the first 2 times it appears;
in subsection (d)(3)—
in subparagraph (A), by striking “ and” at the end;
in subparagraph (B), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(C) include a focus on the unmet needs of underserved populations.”
in subsection (f), by striking “ $15,000,000 for each of fiscal years 2014 through 2018” and inserting “ $20,000,000 for each of fiscal years 2023 through 2027”; and
by striking subsection (g).
TITLE V Strengthening the Health Care System’s Response
SEC. 501. Grants to Strengthen the Health Care System’s Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
Section 399P of the Public Health Service Act (42 U.S.C. 280g–4) is amended—
in subsection (a)—
in paragraph (1), by inserting “ community health workers, violence prevention advocates working with health providers,” after “ health staff,”;
in paragraph (2), by striking “ for medical” and all that follows through “ stalking; and” and inserting “ for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers (including midwives and doulas);”; and
in paragraph (3)—
by striking “ response” and inserting “ capacity”;
by inserting “ prevent and respond to” after “ (including behavioral and mental health programs) to”; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(4) the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among families they serve; and
“(5) the development or enhancement and implementation of comprehensive statewide strategies for health and violence prevention programs to work together to promote primary prevention of domestic violence, dating violence, sexual assault, and stalking.”
in subsection (b)(1)—
in subparagraph (A)(i)—
by striking “ to identify and provide” and inserting “ to provide universal education on healthy relationships and provide trauma-informed”; and
by striking “ and” at the end;
in subparagraph (A)(ii)—
by striking “ culturally competent clinical training components” and inserting “ training components that center the experiences of, and are developed in collaboration with, culturally specific individuals and American Indians and Alaska Natives, and include community-defined practices such as the use of doulas, midwives, and traditional healers,”;
by inserting “ (including labor and sex trafficking)” after “ other forms of violence and abuse”; and
by striking “ disparities” and inserting “ inequities”;
in subparagraph (A), by inserting after clause (ii) the following:
“(iii) are designed to be inclusive of the experiences of all individuals, including LGBT individuals, and include training on improving equity and reducing disparities in access to health care services and prevention resources; and
“(iv) include training on the use of a universal prevention education approach to both prevent and respond to domestic violence, dating violence, sexual assault, or stalking in health care settings;”
in subparagraph (B), in the matter preceding clause (i), by striking “ response of the health care system” and inserting “ capacity of the health care system to prevent and respond”;
in subparagraph (B)(i)—
by striking “ identifying and responding to” inserting “ identifying, responding to, and promoting prevention of”;
by inserting “ during in-person or virtual visits” after “ and stalking”; and
by inserting “ and to maximize victim choice on the use and sharing of their health information” before the semicolon at the end;
in subparagraph (B)(ii)—
by striking “ on-site access to” and all that follows through the semicolon at the end and inserting the following:
“(I) increasing the capacity of existing health care professionals (including professionals who specialize in trauma or in substance use disorders) in behavioral and mental health care, community health workers, and public health staff to address domestic violence, dating violence, sexual assault, stalking, and children exposed to violence;
“(II) contracting with or hiring advocates for victims of domestic violence or sexual assault to provide such services; or
“(III) providing funding to State domestic and sexual violence coalitions to improve the capacity of such coalitions to coordinate and support health advocates and other health system partnerships;”
in subparagraph (B)(iii)—
by striking “ of identification” and inserting “ of prevention”;
by inserting “ during in-person or virtual visits” after “ and stalking”; and
by striking “ and” at the end;
in subparagraph (B)(iv)—
by inserting “ and promote prevention during in-person or virtual visits,” after “ or stalking,”; and
by striking the period at the end and inserting a semicolon;
in subparagraph (B), by adding at the end the following:
“(v) the development, implementation, dissemination, and evaluation of best practices, tools, and training materials, including culturally relevant tools, for mental health, behavioral health, and substance use disorder professionals to identify and respond to domestic violence, sexual violence, stalking, and dating violence; and
“(vi) the development and provision of culturally relevant training and follow-up technical assistance to health care professionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking from culturally specific communities and promote prevention, using tools and training materials, developed by and for culturally specific communities, with priority given to trainings provided by culturally specific organizations; and”
; and
by inserting after subparagraph (B) the following:
“(C) design and implement comprehensive strategies to prevent domestic or sexual violence including through the use of universal education in clinical and public health settings, hospitals, clinics and other health settings.”
in subsection (b)(2)(A)—
in the subparagraph heading, by striking “ Child and elder abuse” and inserting “ Child abuse and abuse in later life”; and
by striking “ child or elder abuse” and inserting “ child abuse or abuse in later life”;
in subsection (b)(2)(C)(i), by striking “ elder abuse” and inserting “ abuse in later life”;
in subsection (b)(2)(C)(ii), by inserting “ programs that promote the prevention of sexual assault as well as” after “ implementation of”;
in subsection (b)(2)(C)(iii)—
by inserting “ and exposure to violence across generations” after “ abuse”; and
by striking “ or” at the end;
in subsection (b)(2)(C)(iv)—
by inserting “ mental health,” after “ dental,”; and
by striking “ exams.” and inserting “ exams and certifications;”;
in subsection (b)(2)(C), by inserting after clause (iv) the following:
“(v) providing funding to culturally specific organizations to improve the capacity of such organizations to engage and partner with health care providers to support victims and meet increased referrals from health systems;
“(vi) developing a State-level pilot program to—
“(I) improve the response of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to domestic violence, dating violence, sexual assault, and stalking;
“(II) improve the capacity of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to serve survivors of domestic violence, dating violence, sexual assault, and stalking dealing with substance use disorder; and
“(III) improve the capacity of domestic violence, dating violence, sexual assault, and stalking programs to serve survivors who have substance use history; or
“(vii) developing and utilizing existing technical assistance and training resources to improve the capacity of substance use disorder treatment programs and harm reduction programs for people who use substances to address domestic violence, dating violence, sexual assault, and stalking among patients the programs serve.”
in subsection (c)(3)(A), by striking “ given to outcome based evaluations.” and inserting the following:
“(i) outcome based evaluations;
“(ii) culturally specific and population specific organizations; and
“(iii) programs developing and implementing community-driven solutions to address domestic violence, dating violence, sexual assault, or stalking.”
in subsection (c)(3)(B)(i)(III), by inserting “ , including a culturally specific organization or community-based organization working to address the social determinants of health,” after “ nonprofit entity”;
in subsection (c)(3)(C)(ii)—
by striking “ strategies for” and inserting the following:
“(I) for”
by inserting “ and generations” after “ lifespan”;
by striking “ settings;” and inserting “ settings; and”; and
by adding at the end the following:
“(II) to address primary prevention of domestic violence, dating violence, sexual assault, and stalking over the lifespan and generations, including strategies that address related social determinants of health, economic justice, and equity issues, and that are inclusive of LGBT individuals;”
in subsection (c)(3)(C)(iii), by striking “ State or tribal law enforcement task forces (where appropriate)” and inserting “ culturally specific organizations”;
in subsection (c)(3)(C)(iv), by inserting “ (including culturally specific organizations)” after “ service providers”;
in subsection (d)(2)(A)—
by inserting “ (including mental health or substance abuse agencies)” after “ of health”;
by striking “ or mental” and inserting “ or behavioral”; and
by inserting “ and substance use disorder prevention and treatment” before the semicolon at the end;
in subsection (d)(2)(B)—
by inserting “ behavioral health treatment system,” after “ hospital,”;
by striking “ or any other community-based” and inserting “ a community-based”; and
by inserting “ or substance use disorder prevention and treatment, or a community-based organization with a history of partnership with programs in the field of domestic violence, dating violence, sexual assault, or stalking and health care, including physical or mental health care or substance use disorder prevention and treatment” after “ mental health care”;
in subsection (g)—
by striking “ $10,000,000” and inserting “ $20,000,000”; and
by striking “ 2014 through 2018” and inserting “ 2023 through 2027”; and
in subsection (h)—
by striking “ herein”; and
by striking “ provided for”.
SEC. 502. Maternal Mortality or Morbidity Study.
Study.— The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Attorney General, the Director of the Indian Health Service, and other stakeholders (including community based organizations), shall conduct a study on the leading causes of pregnancy-associated morbidity and mortality and the extent which domestic violence, dating violence, sexual assault, or stalking throughout the United States contribute to the risk of maternal mortality or morbidity.
Reports.— Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Attorney General, the Director of the Indian Health Service, and other stakeholders (including community based organizations), shall report to Congress on the study conducted under subsection (a), which shall include the following:
An analysis of the extent to which domestic violence, dating violence, sexual assault, or stalking contribute to pregnancy-associated morbidity and mortality.
An analysis of the impact of domestic violence, dating violence, sexual assault, or stalking on access to health care.
A breakdown of individuals particularly impacted by domestic violence, dating violence, sexual assault, or stalking, by race and ethnicity, disability status, and sexual orientation and gender identity.
An analysis of the impact of domestic violence, dating violence, sexual assault, or stalking on Tribal communities and among Indians.
An assessment of the factors that increase risks for infant and maternal mortality or morbidity among victims of domestic violence, dating violence, sexual assault, or stalking.
Recommendations for legislative or policy changes to help reduce infant and maternal mortality rates.
Best practices to reduce pregnancy-related deaths among survivors of domestic violence, dating violence, sexual assault, or stalking.
Any other information on maternal mortality or morbidity the Secretary determines appropriate to include in the report.
SEC. 503. Understanding Sexual Assault Care in Health Systems.
Purpose.— It is the purpose of this section to identify areas for improvement in health care delivery systems providing forensic examinations to survivors of sexual assault.
Grants.— The Secretary of Health and Human Services (referred to in this section as “the Secretary”) shall award grants to States and Indian Tribes to develop and implement State and Tribal surveys to identify—
the availability of, and patient access to, medical forensic examinations;
the training level of the health care providers who perform medical forensic examinations;
the hospitals or clinics that offer medical forensic examinations and whether each hospital or clinic has full-time, part-time, or on-call coverage;
barriers to medical forensic examinations provided through sexual assault care and services;
billing and reimbursement practices for medical forensic examinations;
State and Tribal requirements, minimum standards, and protocols for training sexual assault examiners for sexual assault forensic examiners and for other personnel involved in medical forensic examinations;
the availability of sexual assault forensic examiner training, the frequency of such training, the providers of such training, the State’s or Indian Tribe’s role in such training, and the processes or procedures in place for continuing education of such examiners; and
the dedicated Federal and State funding available to support sexual assault forensic examiner training.
Eligibility.— To be eligible to receive a grant under this section, a State or Indian Tribe shall submit to the Secretary an application through a competitive process to be determined by the Secretary.
Public Dissemination and Campaign.—
Public availability.— The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis.
Campaigns.— A State or Indian Tribe that receives a grant under this section shall carry out the following activities:
Make the findings of the survey conducted using amounts received under the grant public, including a map showing health care providers who perform medical forensic examinations, based on the findings from the State and Tribal surveys under subsection (b)(3).
Use the findings to develop a strategic action plan to increase the number of trained medical forensic examiners available in the State or Tribal community and create policies to increase survivor access to trained examiners.
Use the findings to develop and implement a public awareness campaign that includes the following:
An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including medical forensic examinations, in the State or Tribal community.
A model standard response protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault.
A model sexual assault response team protocol incorporating interdisciplinary community coordination between hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and human service agencies and stakeholders with respect to delivering survivor-centered sexual assault care and medical forensic examinations.
A notice of applicable laws prohibiting charging or billing survivors of sexual assault for care and services related to sexual assault.
Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2023 through 2027.
SEC. 504. National Report on Sexual Assault Services in Our Nation’s Health System.
In General.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women’s Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (collectively referred to in this section as the “Agencies”), shall submit to the Secretary of Health and Human Services (referred to in this section as “the Secretary”) a report of existing Federal, Indian Tribe, and State practices relating to medical forensic examinations which may include the findings of the surveys developed under section 503.
Core Competencies.— In conducting activities under this section, the Agencies shall address sexual assault forensic examination competencies, including—
providing medical care to sexual assault patients;
demonstrating the ability to conduct a medical forensic examination, including an evaluation for evidence collection;
showing compassion and sensitivity towards survivors of sexual assault;
testifying in Federal, State, local, and Tribal courts; and
other competencies, as the Agencies determine appropriate.
Publication.— The Agency for Healthcare Research and Quality shall establish, maintain, and publish on the website of the Department of Health and Human Services an online public map of availability of sexual assault forensic examinations. Such maps shall clarify if there is full-time, part-time, or on-call coverage.
Report to Congress.— Not later than 60 days after receiving the report described in subsection (a), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and Labor of the House of Representatives recommendations for improving sexual assault forensic examination competencies based on the report described in subsection (a).
SEC. 505. Improving and Strengthening the Sexual Assault Examiner Workforce Clinical and Continuing Education Pilot Program.
Purpose.— It is the purpose of this section to establish a pilot program to develop, test, and implement training and continuing education that expands and supports the availability of medical forensic examination services for survivors of sexual assault.
Establishment.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as “the Secretary”) shall establish a National Continuing and Clinical Education Pilot Program for sexual assault forensic examiners, sexual assault nurse examiners, and other individuals who perform medical forensic examinations.
Consultation.— In establishing such program, the Secretary shall consult with the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Violence Against Women of the Department of Justice, and the Office on Women’s Health of the Department of Health and Human Services, and shall solicit input from regional, national, and Tribal organizations with expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’ advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Tribal communities.
Functions.— The pilot program established under subsection (b) shall develop, pilot, implement, and update, as appropriate, continuing and clinical education program modules, webinars, and programs for all hospitals and providers to increase access to medical forensic examination services and address ongoing competency issues in medical forensic examination services, including—
training and continuing education to help support sexual assault forensic examiners practicing in rural or underserved areas;
training to help connect sexual assault survivors who are Indian with sexual assault forensic examiners, including through emergency first aid, referrals, culturally competent support, and forensic evidence collection in rural communities;
replication of successful sexual assault forensic examination programs to help develop and improve the evidence base for medical forensic examinations; and
training to increase the number of medical professionals who are considered sexual assault forensic examiners based on the recommendations of the National Sexual Assault Forensic Examination Training Standards issued by the Office on Violence Against Women of the Department of Justice.
Eligibility to Participate in Pilot Programs.— The Secretary shall ensure that medical forensic examination services provided under the pilot program established under subsection (b), and other medical forensic examiner services under the pilot program are provided by health care providers who are also one of the following:
A physician, including a resident physician.
A nurse practitioner.
A nurse midwife.
A physician assistant.
A certified nurse specialist.
A registered nurse.
A community health practitioner or a community health aide who has completed level III or level IV certification and training requirements.
Nature of Training.— The continuing education program established under this section shall incorporate and reflect current best practices and standards on medical forensic examination services consistent with the purpose of this section.
Availability.— After termination of the pilot program established under subsection (b)(1), the training and continuing education program established under such program shall be available to all sexual assault forensic examiners and other providers employed by, or any individual providing services through, facilities that receive Federal funding.
Effective Date.— The pilot program established under this section shall terminate on the date that is 2 years after the date of such establishment.
Authorization.— There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2025.
SEC. 506. Expanding Access to Unified Care.
Establishment of Program.— The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall establish a program (referred to in this section as the “program”) to award grants to eligible entities for the clinical training of sexual assault forensic examiners (including registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians) to administer medical forensic examinations and treatments to survivors of sexual assault.
Purpose.— The purpose of the program is to enable each grant recipient to expand access to medical forensic examination services by providing new providers with the clinical training necessary to establish and maintain competency in such services and to test the provisions of such services at new facilities in expanded health care settings.
Grants.— Under the program, the Secretary shall award 3-year grants to eligible entities that meet the requirements established by the Secretary.
Eligible Entities.— To be eligible to receive a grant under this section, an entity shall—
be—
a safety net clinic acting in partnership with a high-volume emergency services provider or a hospital currently providing sexual assault medical forensic examinations performed by sexual assault forensic examiners, that will use grant funds to—
assign rural health care service providers to the high-volume hospitals for clinical practicum hours to qualify such providers as sexual assault forensic examiners; or
assign practitioners at high-volume hospitals to rural health care services providers to instruct, oversee, and approve clinical practicum hours in the community to be served;
an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of such Code, that provides legal training and technical assistance to Tribal communities and to organizations and agencies serving Indians; or
an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of whether the applicant will provide services described in subparagraph (A) or (B) of paragraph (1).
Grant Amount.— Each grant awarded under this section shall be in an amount not to exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary.
Authorization of Appropriations.—
In general.— There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.
Set-aside.— Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 15 percent of such amount for purposes of making grants to entities that are affiliated with Indian Tribes or Tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), or Urban Indian organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)). Amounts reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.
SEC. 507. Expanding Access to Forensics for Victims of Interpersonal Violence.
Definitions.— In this section:
Community health aide; community health practitioner.— The terms “community health aide” and “community health practitioner” have the meanings given such terms for purposes of section 119 of the Indian Health Care Improvement Act (25 U.S.C. 1616l).
Health care provider.— The term “health care provider” has the meaning given such term by the Secretary, and includes registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians.
Indian tribe; tribal organization.— The terms “Indian Tribe” and “Tribal organization” shall have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Institution of higher education.— The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Interpersonal violence.— The term “interpersonal violence” means any form of violence that is emotional and trauma-inducing for victims, families of victims, perpetrators, and communities.
Native hawaiian organization.— The term “Native Hawaiian organization” has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11711).
Secretary.— The term “Secretary” means the Secretary of Health and Human Services.
Trauma-informed care.— The term “trauma-informed care” means care received by trauma survivors that is culturally competent in accordance with professional standards of practice and accounting for patients’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the patient.
Urban indian organization.— The term “Urban Indian organization” has the meaning given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).
Demonstration Grants for Comprehensive Forensic Training.—
Establishment of program.— The Secretary shall establish a demonstration program to award grants to eligible entities for the clinical training of health care providers to provide generalist forensic services and trauma-informed care to survivors of interpersonal violence of all ages.
Purpose.— The purpose of the demonstration program under this subsection is to develop training and curriculum to provide health care providers with the skills to support the provision of forensic assessment and trauma-informed care to individuals, families, and communities that have experienced violence or trauma and to be available to collaborate with members of an inter-professional forensic team.
Term.— Grants under this subsection shall be for a term of 5 years.
Eligible entities.— To be eligible to receive a grant under this subsection, an entity shall—
be an institute of higher education, including a minority serving institution as described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q); and
submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Grant amount.— Each grant awarded under this subsection shall be in an amount that does not exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary.
Authorization of appropriations.—
In general.— There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027.
Set-aside.— Of the amount appropriated under this paragraph for a fiscal year, the Secretary shall reserve 10 percent for purposes of making grants to support training and curricula that addresses the unique needs of Indian Tribes, Tribal organizations, Urban Indian organizations, and Native Hawaiian organizations. Amounts so reserved may be used to support training, referrals, and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training.
Technical Assistance Grants and Learning Collectives.—
In general.— The Secretary shall establish a State and Tribal forensic provider technical resource center to provide technical assistance and support collaboration and best practices for health care providers, community health aides, and community health practitioners to improve the quality of, and increase access to, forensic services for all survivors of interpersonal violence. The Secretary may enter into contracts with national experts for purposes of carrying out this subsection.
Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection, $2,000,000 for each of fiscal years 2023 through 2027.
National Report.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Office for Victims of Crime of the Department of Justice, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office on Women’s Health of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice shall jointly submit to the Secretary a report on the need for, throughout the States, Indian Tribes, and territories—
access to generalist medical forensic services, evidence collection, and documentation that aids in meeting the needs of health care patients and improves future law enforcement investigation and prosecution; and
data for research to support the response to and prevention of interpersonal violence, improved ability of health care providers to adequately respond to patients who exhibit signs of victimization, and address the unique needs of Tribal communities.
TITLE VI Safe Homes for Victims
SEC. 601. Housing Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
Section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)) is amended—
in paragraph (1)(A), by striking “ brother, sister,” and inserting “ sibling,”; and
in paragraph (3)—
in subparagraph (A), by inserting before the semicolon at the end the following: “ , including the direct loan program under such section”;
in subparagraph (D), by striking “ the program under subtitle A of” and inserting “ the programs under”;
in subparagraph (I)—
by striking “ sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p–2)” and inserting “ sections 514, 515, 516, 533, 538, and 542 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p–2, 1490r)”; and
by striking “ and” at the end;
in subparagraph (J), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(K) the provision of assistance from the Housing Trust Fund 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;
“(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;
“(O) the provision of transitional housing assistance for victims of domestic violence, dating violence, sexual assault, or stalking under the grant program under chapter 11 of subtitle B; and
“(P) any other Federal housing programs providing affordable housing to low- and moderate-income persons by means of restricted rents or rental assistance, or more generally providing affordable housing opportunities, as identified by the appropriate agency through regulations, notices, or any other means.”
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:
“SEC. 41412. COMPLIANCE REVIEWS.
“(a) Regular Compliance Reviews.—
“(1) In general.—Each appropriate agency shall establish a process by which to review compliance with the requirements of this subtitle, which shall—
“(A) where possible, be incorporated into other existing compliance review processes of the appropriate agency, in consultation with the Gender-based Violence Prevention Office and Violence Against Women Act Director described in section 41413 and any other relevant officials of the appropriate agency; and
“(B) examine—
“(i) compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking;
“(ii) compliance with confidentiality provisions set forth in section 41411(c)(4);
“(iii) compliance with the notification requirements set forth in section 41411(d)(2);
“(iv) compliance with the provisions for accepting documentation set forth in section 41411(c);
“(v) compliance with emergency transfer requirements set forth in section 41411(e); and
“(vi) compliance with the prohibition on retaliation set forth in section 41414.
“(2) Frequency.—Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency.
“(b) Regulations.—
“(1) In general.—Not later than 2 years after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022, each appropriate agency shall issue regulations in accordance with section 553 of title 5, United States Code, to implement subsection (a) of this section, which shall—
“(A) define standards of compliance under covered housing programs;
“(B) 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; and
“(C) include standards for corrective action plans where compliance standards have not been met.
“(2) Consultation.—In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate—
“(A) individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and
“(B) individuals and organizations with expertise in the administration or management of covered housing programs, including industry stakeholders and public housing agencies.
“(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—
“(1) includes an evaluation of each topic identified in subsection (a); and
“(2) is made publicly available.
“SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GENDER-BASED VIOLENCE PREVENTION OFFICE AND VIOLENCE AGAINST WOMEN ACT DIRECTOR.
“(a) Establishment.—The Secretary of Housing and Urban Development shall establish a Gender-based Violence Prevention Office with a Violence Against Women Act Director (in this section referred to as the ‘Director’).
“(b) Duties.—The Director shall, among other duties—
“(1) support implementation of this chapter;
“(2) coordinate with Federal agencies on legislation, implementation, and other issues affecting the housing provisions under this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking;
“(3) coordinate with State and local governments and agencies, including State housing finance agencies, regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking;
“(4) ensure that technical assistance and support are provided to each appropriate agency and 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;
“(5) implement internal systems to track, monitor, and address compliance failures; and
“(6) address the housing needs and barriers faced by victims of sexual assault, as well as sexual coercion and sexual harassment by a public housing agency or owner or manager of housing assisted under a covered housing program.
“(c) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2027.
“SEC. 41414. PROHIBITION ON RETALIATION.
“(a) Non-retaliation Requirement.—No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle, or because that person testified, assisted, or participated in any matter related to this chapter.
“(b) Prohibition on Coercion.—No public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any rights or protections under this chapter, including—
“(1) intimidating or threatening any person because that person is assisting or encouraging a person entitled to claim the rights or protections under this chapter; and
“(2) retaliating against any person because that person has participated in any investigation or action to enforce this chapter.
“(c) Implementation.—The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this chapter consistent with, and in a manner that provides, the rights and remedies provided for in title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).”
SEC. 603. Protecting the Right to Report Crime from One’s Home.
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:
“SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES FROM ONE’S HOME.
“(a) Definition.—In this section, the term ‘covered governmental entity’ means any municipal, county, or State government that receives funding under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
“(b) Right to Report.—
“(1) In general.—Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing—
“(A) 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
“(B) 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.
“(2) Prohibited penalties.—Penalties that are prohibited under paragraph (1) include—
“(A) actual or threatened assessment of monetary or criminal penalties, fines, or fees;
“(B) actual or threatened eviction;
“(C) actual or threatened refusal to rent or renew tenancy;
“(D) actual or threatened refusal to issue an occupancy permit or landlord permit; and
“(E) actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.
“(c) Reporting.—Consistent with the process described 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, tenants, 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 the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees.
“(d) Implementation.—The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this chapter consistent with, and in a manner that provides, the same rights and remedies as those provided for in title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).
“(e) Subgrantees.—For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (c)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, tenants, 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.”
SEC. 604. Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.
Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C. 12351) is amended—
in subsection (a), in the matter preceding paragraph (1)—
by striking “ the Director of the Violence Against Women Office” and inserting “ the Director of the Office on Violence Against Women”; and
by inserting after “ , other nonprofit, nongovernmental organizations” the following: “ , population-specific organizations”; and
in subsection (g)—
in paragraph (1), by striking “ 2014 through 2018” and inserting “ 2023 through 2027”;
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2)(B), as so redesignated, by striking “ 0.25 percent” and inserting “ 0.5 percent”.
SEC. 605. Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
McKinney-Vento Homeless Assistance Grants.— The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended—
in section 103 (42 U.S.C. 11302), by amending subsection (b) to read as follows:
“(b) Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Other Dangerous, Traumatic, or Life-threatening Conditions Relating to Such Violence.—Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any individual or family who—
“(1) is experiencing trauma or a lack of safety related to, or fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence against the individual or a family member in the individual’s or family’s current housing situation, including where the health and safety of children are jeopardized;
“(2) has no other safe residence; and
“(3) lacks the resources to obtain other safe permanent housing.”
; and
in section 423(a) (42 U.S.C. 11383(a)), by adding at the end the following:
“(13) Facilitating and coordinating activities to ensure compliance with subsection (e) of section 41411 of the Violence Against Women Act of 1994 (34 U.S.C. 12491) and monitoring compliance with the confidentiality protections of subsection (c)(4) of such section.”
Collaborative Grants To Increase the Long-term Stability of Victims.— Section 41404(i) of the Violence Against Women Act of 1994 (34 U.S.C. 12474(i)) is amended by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
Grants To Combat Violence Against Women in Public and Assisted Housing.— Section 41405 of the Violence Against Women Act of 1994 (34 U.S.C. 12475) is amended—
in subsection (b)(1), by striking “ the Director of the Violence Against Women Office” and inserting “ the Director of the Office on Violence Against Women”;
in subsection (c)(2)(D), by inserting after “ linguistically and culturally specific service providers,” the following: “ population-specific organizations,”; and
in subsection (g), by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
VAWA Training and Technical Assistance Grants.— 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 41415 the following:
“SEC. 41416. TRAINING AND TECHNICAL ASSISTANCE GRANTS.
“There is authorized to be appropriated to the Secretary of Housing and Urban Development such sums as may be necessary for fiscal years 2023 through 2027 to be used for training and technical assistance to support the implementation of this chapter, including technical assistance agreements with entities whose primary purpose and expertise is assisting survivors of sexual assault and domestic violence or providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking.”
SEC. 606. Study and Report on Housing and Service Needs of Survivors of Trafficking and Individuals at Risk for Trafficking.
Definitions.— In this section:
Survivor of a severe form of trafficking.— The term “survivor of a severe form of trafficking” has the meaning given the term “victim of a severe form of trafficking” in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
Survivor of trafficking.— The term “survivor of trafficking” has the meaning given the term “victim of trafficking” in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
Study.—
In general.— The Secretary of Housing and Urban Development shall conduct a study assessing the availability and accessibility of housing and services for individuals experiencing homelessness or housing instability who are—
survivors of trafficking, including survivors of a severe form of trafficking; or
at risk of being trafficked.
Coordination and consultation.— In conducting the study required under paragraph (1), the Secretary shall—
coordinate with—
the Interagency Task Force to Monitor and Combat Trafficking established under section 105 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103);
the United States Advisory Council on Human Trafficking;
the Secretary of Health and Human Services; and
the Attorney General; and
consult with—
the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States;
survivors of trafficking;
direct service providers, including—
organizations serving runaway and homeless youth;
organizations serving survivors of trafficking through community-based programs; and
organizations providing housing services to survivors of trafficking; and
housing and homelessness assistance providers, including recipients of grants under—
the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); and
the Emergency Solutions Grants program authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.).
Contents.— The study conducted pursuant to paragraph (1) shall include—
with respect to the individuals described in such paragraph—
an evaluation of formal assessments and outreach methods used to identify and assess the housing and service needs of such individuals, including outreach methods—
to ensure effective communication with individuals with disabilities; and
to reach individuals with limited English proficiency;
a review of the availability and accessibility of homelessness or housing services for such individuals, including the family members of such individuals who are minors involved in foster care systems, that identifies the disability-related needs of such individuals, including the need for housing with accessibility features;
an analysis of the effect of any policies and procedures of mainstream homelessness or housing services that facilitate or limit the availability of such services and accessibility for such individuals, including those such individuals who are involved in the legal system, as such services are in effect as of the date on which the study is conducted;
a determination of the best practices in meeting the housing and service needs of such individuals; and
an assessment of barriers to fair housing and housing discrimination against survivors of trafficking who are members of a protected class under the Fair Housing Act (42 U.S.C. 3601 et seq.);
an assessment of the ability of mainstream homelessness or housing services to meet the specialized needs of survivors of trafficking, including trauma responsive approaches specific to labor and sex trafficking survivors; and
an evaluation of the effectiveness of, and infrastructure considerations for, housing and service-delivery models that are specific to survivors of trafficking, including survivors of severe forms of trafficking, including emergency rental assistance models.
Report.— Not later than 18 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall—
submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that contains the information described in subparagraphs (A) through (C) of subsection (b)(3); and
make the report submitted pursuant to paragraph (1) available to the public.
TITLE VII Economic Security for Victims
SEC. 701. Findings.
Congress finds the following:
Over 1 in 3 women experience sexual violence, and 1 in 5 women have survived completed or attempted rape. Such violence has a devastating impact on women’s physical and emotional health, financial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security.
Homicide is one of the leading causes of death for women on the job. Domestic partners or relatives commit 43 percent of workplace homicides against women. One study found that intimate partner violence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 workplace homicides among women during the period. In fact, in 2010, homicides against women at work increased by 13 percent despite continuous declines in overall workplace homicides in recent years.
Violence can have a dramatic impact on the survivor of such violence. Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, and 64 percent indicated their workplace performance was affected by such violence. Another recent survey found that 78 percent of offenders used workplace resources to express anger, check up on, pressure, or threaten a survivor. Sexual assault, whether occurring in or out of the workplace, can impair an employee’s work performance, require time away from work, and undermine the employee’s ability to maintain a job. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
Studies find that 60 percent of single women lack economic security and 81 percent of households with single mothers live in economic insecurity. Significant barriers that survivors confront include access to housing, transportation, and child care. Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent of such women cite domestic violence as the direct cause for homelessness. Survivors are deprived of their autonomy, liberty, and security, and face tremendous threats to their health and safety.
The Centers for Disease Control and Prevention report that survivors of severe intimate partner violence lose nearly 8,000,000 days of paid work, which is the equivalent of more than 32,000 full-time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding housing, to avoid or prevent further violence.
Annual costs of intimate partner violence are estimated to be more than $8,300,000,000. According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000. These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity. These statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included.
Fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company’s productivity, and more than 70 percent said domestic violence negatively affects attendance. Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 4 percent of employers provided training on domestic violence.
Harassment is a persistent and significant problem in the workplace in the United States, and the Equal Employment Opportunity Commission found that not less than 25 percent, and as many as 85 percent, of women surveyed report having experienced sexual harassment at work.
For decades, survivors of sexual violence have come forward to seek justice and demand their right to be free from violence, harassment, and other forms of discrimination. These calls for change reached a tipping point after October 2017 as a result of Tarana Burke’s work and #MeToo going viral. Thousands of courageous individuals, from Hollywood to the halls of Congress and the military, to restaurants, agricultural fields, and factory floors, shined a light on the pervasive and insidious nature of workplace harassment and sexual assault.
Working people can be subjected to multiple forms of harassment in the workplace at the same time.
According to the Equal Employment Opportunity Commission, approximately 3 out of 4 individuals who experience harassment never talked to a supervisor, manager, or union representative about the harassing conduct.
The impact of domestic violence, dating violence, sexual assault, and stalking on the workplace is a part of the challenge of workplace harassment.
Studies indicate that one of the best predictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a survivor’s ability to maintain employment.
Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting their partners’ access to cash or transportation, and sabotaging their partners’ child care arrangements.
Economic abuse refers to behaviors that control an intimate partner’s ability to acquire, use, and maintain access to money, credit, ownership of assets, or governmental or private financial benefits, including defaulting on joint obligations (such as school loans, credit card debt, mortgages, or rent). Other forms of such abuse may include preventing someone from attending school, threatening to or actually terminating employment, controlling or withholding access to cash, checking, or credit accounts, and attempting to damage or sabotage the creditworthiness of an intimate partner, including forcing an intimate partner to write bad checks, forcing an intimate partner to default on payments related to household needs, such as housing, or forcing an intimate partner into bankruptcy.
This title aims to empower survivors of domestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and control, which restrains basic human rights to freedom and safety in the United States.
SEC. 702. National Resource Center on Workplace Responses to Assist Victims of Domestic and Sexual Violence.
Section 41501 of the Violence Against Women Act of 1994 (34 U.S.C. 12501) is amended—
in subsection (a)—
by inserting “ and sexual harassment” after “ domestic and sexual violence”; and
by striking “ employers and labor organizations” and inserting “ employers, labor organizations, and victim service providers”; and
in subsection (b)(3), by striking “ and stalking” and inserting “ stalking, and sexual harassment”;
in subsection (c)(1), by inserting “ or sexual harassment” before the period at the end;
in subsection (c)(2)(A), by inserting “ or sexual harassment” after “ sexual violence”;
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
by inserting after subsection (d) the following:
“(e) Pathways to Opportunity Pilot Project.—An eligible nonprofit nongovernmental entity or tribal organization that receives a grant under this section may develop a plan to enhance the capacity of survivors to obtain and maintain employment, including through the implementation of a demonstration pilot program to be known as ‘Pathways to Opportunity’, which shall—
“(1) build collaborations between and among victim service providers, workforce development programs, and educational and vocational institutions to provide trauma informed programming to support survivors seeking employment; and
“(2) be centered around culturally specific organizations or organizations that primarily serve populations traditionally marginalized in the workplace.”
in subsection (f), as so redesignated, by striking “ $1,000,000 for each of fiscal years 2014 through 2018” and inserting “ $2,000,000 for each of fiscal years 2023 through 2027”.
SEC. 703. Provisions Related to the Temporary Assistance for Needy Families Program.
TANF Personnel Training.—
In general.— 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 victims of sexual harassment or survivors of domestic 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 and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic 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 trained in—
“(I) the nature and dynamics of sexual harassment and domestic violence, sexual assault, and stalking;
“(II) State standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking; and
“(III) methods of ascertaining and ensuring the confidentiality of personal information and documentation related to applicants for assistance and their children who have provided notice about their experiences of sexual harassment, domestic violence, sexual assault, or stalking; and
“(iii) ensure that, if a State has elected to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence, sexual assault, or stalking pursuant to paragraph (7)—
“(I) the State program funded under this part provides information about the options under this part to current and potential beneficiaries; and
“(II) case workers and other agency personnel responsible for administering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7).
“(B) Definitions.—For purposes of this paragraph—
“(i) the term ‘sexual harassment’ means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment;
“(ii) the term ‘domestic violence’ has the meaning given such term in paragraph (7); and
“(iii) the terms ‘sexual assault’ and ‘stalking’ have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291).”
Implementation.— Not later than 1 year after the date of enactment of this Act, each State shall submit the certification required under paragraph (8) of subsection (a) of section 402 of the Social Security Act (42 U.S.C. 602), as added by paragraph (1), in the form of an amendment to the State’s plan submitted under such section. A State shall not be regarded as failing to comply with the requirement of such paragraph (8) before the date that is 1 year after the date of enactment of this Act.
National Grant Program for Developing a Model Training Program for TANF Personnel Training.—
Grants authorized.—
Model training program.— The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) shall—
develop and disseminate a model training program (and related materials) for the training required under section 402(a)(8) of the Social Security Act, and if the State so elects, section 402(a)(7) of such Act; and
provide technical assistance with respect to such model training program to eligible States (as defined in section 402 of the Social Security Act).
Grants.— In developing the model training program under subparagraph (A)(i), the Secretary may award grants and contracts and may develop such program in cooperation with an eligible partner.
Eligible partner defined.— For purposes of paragraph (1), the term “eligible partner” means an entity that is—
a State or tribal domestic violence coalition or sexual assault coalition; or
a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or domestic violence program.
Report.—
Report to congress.— Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection.
Report available to public.— The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report.
Authorization of appropriations.— There are authorized to be appropriated $3,000,000 to carry out this section for each of fiscal years 2023 through 2027.
SEC. 704. Study and Reports on Barriers to Survivors’ Economic Security Access.
Study.— The Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall conduct a study on the barriers that survivors of domestic violence, dating violence, sexual assault, or stalking throughout the United States experience in maintaining economic security, including the impact of the COVID–19 pandemic on such victims’ ability to maintain economic security, as a result of issues related to domestic violence, dating violence, sexual assault, or stalking.
Reports.— Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall submit a report to Congress on the study conducted under subsection (a).
Contents.— The study and reports under this section shall include—
identification of geographic areas in which State laws, regulations, and practices have a strong impact on the ability of survivors of domestic violence, dating violence, sexual assault, or stalking to exercise—
any rights under this title (including any amendments made by this title) without compromising personal safety or the safety of others, including family members and excluding the abuser; and
other components of economic security, including financial empowerment, affordable housing, transportation, health care access, credit history, and quality education and training opportunities;
identification of geographic areas with shortages in resources for such survivors, with an accompanying analysis of the extent and impact of such shortage;
analysis of the unique barriers faced by such survivors living in rural communities;
analysis of factors related to industries, workplace settings, employer practices, trends, and other elements that impact the ability of such survivors to exercise any rights under this Act (including any amendments made by this Act) without compromising personal safety or the safety of others, including family members;
the recommendations of the Secretary of Health and Human Services and the Secretary of Labor with respect to resources, oversight, and enforcement tools to ensure successful implementation of the provisions of this Act in order to support the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking;
best practices for States, employers, health carriers, insurers, and other private entities in addressing issues related to domestic violence, dating violence, sexual assault, or stalking; and
barriers that impede victims’ ability to pursue legal action, including legal costs and filing fees, and complexities of the jurisdiction of law enforcement agencies.
SEC. 705. Gao Study.
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that examines, with respect to survivors of domestic violence, dating violence, sexual assault, or stalking who are, or were, enrolled at institutions of higher education and borrowed a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for which the survivors have not repaid the total interest and principal due, each of the following:
The implications of domestic violence, dating violence, sexual assault, or stalking on a borrower’s ability to repay their Federal student loans.
The adequacy of policies and procedures regarding Federal student loan deferment, forbearance, and grace periods when a survivor has to suspend or terminate the survivor’s enrollment at an institution of higher education due to domestic violence, dating violence, sexual assault, or stalking.
The adequacy of institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate the survivor’s enrollment at an institution of higher education due to domestic violence, dating violence, sexual assault, or stalking.
The availability or any options for a survivor of domestic violence, dating violence, sexual assault, or stalking who attended an institution of higher education that committed unfair, deceptive, or abusive acts or practices, or otherwise substantially misrepresented information to students, to be able to seek a defense to repayment of the survivor’s Federal student loan.
The limitations faced by a survivor of domestic violence, dating violence, sexual assault, or stalking to obtain any relief or restitution on the survivor’s Federal student loan debt due to the use of forced arbitration, gag orders, or bans on class actions.
TITLE VIII Safety for Indian Women
Subtitle A Tools to Enhance Public Safety for Indian Tribes
SEC. 801. Findings and Purposes.
Findings.— Congress finds that—
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;
more than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime;
the vast majority of American Indian and Alaska Native victims of violence—96 percent of women victims and 89 percent of male victims—have experienced sexual violence by a non-Indian perpetrator at least once in their lifetime;
Indian Tribes exercising special domestic violence criminal jurisdiction over non-Indians pursuant to section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the “Indian Civil Rights Act of 1968”), restored by section 904 of the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes of domestic violence, dating violence, and civil protection order violations;
Tribal prosecutors for Indian Tribes exercising special domestic violence criminal jurisdiction report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at one of the highest rates in the United States;
childhood exposure to violence can have 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;
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;
in some areas of the United States, Native American women are murdered at rates more than 10 times the national average;
according to a 2017 report by the Department of Justice, 66 percent of criminal prosecutions for crimes in Indian country that United States Attorneys declined to prosecute involved assault, murder, or sexual assault;
investigation into cases of missing or murdered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of—
necessary personnel, training, equipment, or funding;
interagency cooperation;
appropriate laws in place; and
access to Federal law enforcement databases;
domestic violence calls are among the most dangerous calls that law enforcement receives;
the complicated jurisdictional scheme that exists in Indian country—
has a significant impact on public safety in Indian communities;
according to Tribal justice officials, has been increasingly exploited by criminals; and
requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials;
restoring and enhancing Tribal capacity to address violence against women provides for greater local control, safety, accountability, and transparency;
Indian Tribes with restrictive settlement Acts, such as Indian Tribes in the State of Maine, and Indian Tribes located in States with concurrent authority to prosecute crimes in Indian country under the amendments made by the Act of August 15, 1953 (67 Stat. 590, chapter 506), face unique public safety challenges; and
Native Hawaiians experience a disproportionately high rate of human trafficking, with 64 percent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawaiian.
Purposes.— The purposes of this subtitle are—
to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, crimes against children, and assault against Tribal law enforcement officers;
to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies;
to empower Tribal governments and Native American communities, including urban Indian communities and Native Hawaiian communities, with the resources and information necessary to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Native Americans; and
to increase the collection of data related to missing or murdered Native Americans and the sharing of information among Federal, State, Tribal, and local officials responsible for responding to and investigating crimes impacting Indian Tribes and Native American communities, including urban Indian communities and Native Hawaiian communities, especially crimes relating to cases of missing or murdered Native Americans.
SEC. 802. Tribal Access Program.
Access to National Crime Information Databases by Indian Tribes.— Section 233(b) of the Tribal Law and Order Act of 2010 (34 U.S.C. 41107) is amended—
by striking paragraph (1) and inserting the following:
“(1) In general.—The Attorney General shall ensure that—
“(A) tribal law enforcement officials that meet applicable Federal or State requirements shall be permitted access to national crime information databases; and
“(B) technical assistance and training is provided to Bureau of Indian Affairs and tribal law enforcement agencies to gain access to, and the ability to use and input information into, the National Crime Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code.”
; and
in paragraph (3), by striking “ with criminal jurisdiction over Indian country”.
Acquisition, Preservation, and Exchange of Identification Records and Information.— Section 534(d) of title 28, United States Code, is amended—
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
in the matter preceding subparagraph (A) (as so redesignated) by striking “ The Attorney General” and inserting the following:
“(1) In general.—The Attorney General”
; and
by adding at the end the following:
“(2) Tribal access program.—
“(A) In general.—The Attorney General shall establish a program, to be known as the ‘Tribal Access Program’, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section.
“(B) Authorization of appropriations.—There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
“(3) Information sharing.—To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine.”
Identification Records.— The second paragraph of the matter under the heading “salaries and expenses” under the heading “Federal Bureau of Investigation” of the Department of Justice Appropriation Act, 1973 (34 U.S.C. 41101) is amended—
by inserting “ or Tribal” after “ if authorized by State”; and
by inserting “ , Tribal,” before “ and local governments”.
SEC. 803. Bureau of Prisons Tribal Prisoner Program.
Section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C. 1302 note; Public Law 111–211) is amended—
in the subsection heading, by striking “ Pilot”;
by striking “ pilot” each place it appears;
in paragraph (1), by striking “ Not later than 120 days after the date of enactment of this title” and inserting “ Not later than 120 days after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022”;
in paragraph (2)(B), by striking “ 2 or more years” and inserting “ 1 or more years”; and
by striking paragraphs (5) and (6).
SEC. 804. Tribal Jurisdiction Over Covered Crimes.
Section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the “Indian Civil Rights Act of 1968”) is amended—
in the section heading, by striking “ crimes of domestic violence” and inserting “ covered crimes”;
by striking “ special domestic violence criminal jurisdiction” each place it appears and inserting “ special Tribal criminal jurisdiction”;
in subsection (a)—
by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (6), (7), (8), (10), (11), (14), and (15), respectively;
by inserting before paragraph (6) (as so redesignated) the following:
“(1) Assault of tribal justice personnel.—The term ‘assault of Tribal justice personnel’ means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the use, attempted use, or threatened use of physical force against an individual authorized to act for, or on behalf of, that Indian tribe or serving that Indian tribe during, or because of, the performance or duties of that individual in—
“(A) preventing, detecting, investigating, making arrests relating to, making apprehensions for, or prosecuting a covered crime;
“(B) adjudicating, participating in the adjudication of, or supporting the adjudication of a covered crime;
“(C) detaining, providing supervision for, or providing services for persons charged with a covered crime; or
“(D) incarcerating, supervising, providing treatment for, providing rehabilitation services for, or providing reentry services for persons convicted of a covered crime.
“(2) Child.—The term ‘child’ means a person who has not attained the lesser of—
“(A) the age of 18; and
“(B) except in the case of sexual abuse, the age specified by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.
“(3) Child violence.—The term ‘child violence’ means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.
“(4) Coercion; commercial sex act.—The terms ‘coercion’ and ‘commercial sex act’ have the meanings given the terms in section 1591(e) of title 18, United States Code.
“(5) Covered crime.—The term ‘covered crime’ means—
“(A) assault of Tribal justice personnel;
“(B) child violence;
“(C) dating violence;
“(D) domestic violence;
“(E) obstruction of justice;
“(F) sexual violence;
“(G) sex trafficking;
“(H) stalking; and
“(I) a violation of a protection order.”
in paragraph (6) (as so redesignated), by striking “ violence committed” and inserting “ any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed”;
by striking paragraph (7) (as so redesignated) and inserting the following:
“(7) Domestic violence.—The term ‘domestic violence’ means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed by—
“(A) a current or former spouse or intimate partner of the victim;
“(B) a person with whom the victim shares a child in common;
“(C) a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or
“(D) a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs.”
by inserting after paragraph (8) (as so redesignated) the following:
“(9) 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 that involves interfering with the administration or due process of the laws of the Indian tribe, including any Tribal criminal proceeding or investigation of a crime.”
by inserting after paragraph (11) (as so redesignated) the following:
“(12) Sex trafficking.—The term ‘sex trafficking’ means conduct within the meaning of section 1591(a) of title 18, United States Code.
“(13) 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.”
in paragraph (14) (as so redesignated), in the paragraph heading, by striking “ Special domestic violence criminal jurisdiction” and inserting “ Special tribal criminal jurisdiction”; and
by adding at the end the following:
“(16) 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—
“(A) to fear for the person’s safety or the safety of others; or
“(B) to suffer substantial emotional distress.
“(17) Violation of a protection order.—The term ‘violation of a protection order’ means an act that—
“(A) occurs in the Indian country of a participating tribe; and
“(B) violates a provision of a protection order that—
“(i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person;
“(ii) was issued against the defendant;
“(iii) is enforceable by the participating tribe; and
“(iv) is consistent with section 2265(b) of title 18, United States Code.”
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,”;
in subsection (b)(4)—
in the paragraph heading, by striking “ Exceptions” and inserting “ Exception if victim and defendant are both non-indians”;
in subparagraph (A)(i), by inserting “ , other than obstruction of justice or assault of Tribal justice personnel,” after “ over an alleged offense”;
by striking subparagraph (B);
in subparagraph (A)—
by striking the subparagraph designation and heading and all that follows through “ A participating” in clause (i) and inserting the following:
“(A) In general.—A participating”
; and
by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and
in subparagraph (B) (as so redesignated), by striking “ subparagraph” and inserting “ paragraph”;
by striking subsection (c) and inserting the following:
“(c) Criminal Conduct.—A participating tribe may exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe.”
in subsection (e), by striking paragraph (3); and
by striking subsections (f), (g), and (h) and inserting the following:
“(f) Petitions for Writs of Habeas Corpus.—
“(1) In general.—After a defendant has been sentenced by a participating tribe, the defendant may file a petition for a writ of habeas corpus in a court of the United States under section 203.
“(2) Requirement.—An application for a writ of habeas corpus on behalf of a person in custody pursuant to an order of a Tribal court shall not be granted unless —
“(A) the applicant has exhausted the remedies available in the Tribal court system;
“(B) there is an absence of an available Tribal corrective process; or
“(C) circumstances exist that render the Tribal corrective process ineffective to protect the rights of the applicant.
“(g) Notice; Habeas Corpus Petitions.—A participating tribe that has ordered the detention of any person has a duty to timely notify in writing such person of their rights and privileges under this section and under section 203.
“(h) Reimbursement and Grants to Tribal Governments.—
“(1) Reimbursement.—
“(A) In general.—The Attorney General may reimburse Tribal government authorities (or an authorized designee of a Tribal government) for expenses incurred in exercising special Tribal criminal jurisdiction.
“(B) Eligible expenses.—Eligible expenses for reimbursement under subparagraph (A) shall include expenses and costs incurred in, relating to, or associated with—
“(i) investigating, making arrests relating to, making apprehensions for, or prosecuting covered crimes (including costs involving the purchasing, collecting, and processing of sexual assault forensic materials);
“(ii) detaining, providing supervision of, or providing services for persons charged with covered crimes (including costs associated with providing health care);
“(iii) providing indigent defense services for 1 or more persons charged with 1 or more covered crimes; and
“(iv) incarcerating, supervising, or providing treatment, rehabilitation, or reentry services for 1 or more persons charged with 1 or more covered crimes.
“(C) Procedure.—
“(i) In general.—Reimbursements authorized under subparagraph (A) shall be in accordance with rules promulgated by the Attorney General, after consultation with Indian tribes, and within 1 year after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022.
“(ii) Maximum reimbursement.—The rules promulgated by the Attorney General under clause (i)—
“(I) shall set a maximum allowable reimbursement to any Tribal government (or an authorized designee of any Tribal government) in a 1-year period; and
“(II) may allow the Attorney General—
“(aa) to establish conditions under which a Tribal government (or an authorized designee of a Tribal government) may seek a waiver to the maximum allowable reimbursement requirement established under subclause (I); and
“(bb) to waive the maximum allowable reimbursement requirements established under subclause (I) for a Tribal government (or an authorized designee of a Tribal government) if the conditions established by the Attorney General under item (aa) are met by that Tribal government (or authorized designee).
“(iii) Timeliness of reimbursements.—To the maximum extent practicable, the Attorney General shall—
“(I) not later than 90 days after the date on which the Attorney General receives a qualifying reimbursement request from a Tribal government (or an authorized designee of a Tribal government)—
“(aa) reimburse the Tribal government (or authorized designee); or
“(bb) notify the Tribal government (or authorized designee) of the reason by which the Attorney General was unable to issue the reimbursement; and
“(II) not later than 30 days after the date on which a Tribal government (or an authorized designee of a Tribal government) reaches the annual maximum allowable reimbursement for the Tribal government (or an authorized designee) established by the Attorney General under clause (ii)(I), notify the Tribal government (or authorized designee) that the Tribal government has reached its annual maximum allowable reimbursement.
“(D) Eligibility for participating tribes in alaska.—A Tribal government (or an authorized designee of a Tribal Government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022 shall be eligible for reimbursement, in accordance with this paragraph, of expenses incurred in exercising special Tribal criminal jurisdiction under that subtitle.
“(2) Grants.—The Attorney General may award grants to Tribal governments (or authorized designees of Tribal governments), including a Tribal government (or an authorized designee of a Tribal government) of an Indian tribe designated as a participating Tribe under subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022—
“(A) to strengthen Tribal criminal justice systems to assist Indian tribes in exercising special Tribal criminal jurisdiction, including for—
“(i) law enforcement (including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority agencies but have been designated by an Indian tribe as responsible for maintaining public safety within the territorial jurisdiction of the Indian tribe, to enter information into and obtain information from national crime information databases);
“(ii) prosecution;
“(iii) trial and appellate courts (including facilities maintenance, renovation, and rehabilitation);
“(iv) supervision systems;
“(v) detention and corrections (including facilities maintenance, renovation, and rehabilitation);
“(vi) treatment, rehabilitation, and reentry programs and services;
“(vii) culturally appropriate services and assistance for victims and their families; and
“(viii) criminal codes and rules of criminal procedure, appellate procedure, and evidence;
“(B) to provide indigent criminal defendants with licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes;
“(C) to ensure that, in criminal proceedings in which a participating tribe exercises special Tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and
“(D) to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with Tribal law and custom.
“(i) Supplement, Not Supplant.—Amounts made available under this section shall supplement and not supplant any other Federal, State, or local government amounts made available to carry out activities described in this section.
“(j) Authorization of Appropriations.—
“(1) In general.—There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027—
“(A) to carry out subsection (h); and
“(B) to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes.
“(2) Limitations.—Of the total amount made available under paragraph (1) for each fiscal year, not more than 40 percent shall be used for reimbursements under subsection (h)(1).”
Subtitle B Alaska Tribal Public Safety Empowerment
SEC. 811. Findings; Purposes.
Findings.— Congress finds that—
according to the report of the Indian Law and Order Commission established by section 15 of the Indian Law Enforcement Reform Act (25 U.S.C. 2812), Alaska Native women—
are overrepresented in the domestic violence victim population by 250 percent;
in the State of Alaska, comprise—
19 percent of the population of the State; but
47 percent of reported rape victims in the State; and
as compared to the populations of other Indian Tribes, suffer the highest rates of domestic and sexual violence;
most Alaska Native villages are located in remote areas that—
are often inaccessible by road; and
have no local law enforcement presence;
the Commission referred to in paragraph (1)—
determined that the Alaska Department of Public Safety—
has primary responsibility for law enforcement in rural Alaska; but
provides only 1 to 1.4 field officers per 1,000,000 acres; and
recommended that “devolving authority to Alaska Native communities is essential for addressing local crime. Their governments are best positioned to effectively arrest, prosecute, and punish, and they should have the authority to do so-or to work out voluntary agreements with each other, and with local governments and the State on mutually beneficial terms”; and
the unique legal relationship of the United States to Indian Tribes creates a Federal trust responsibility to assist Tribal governments in safeguarding the lives of Indian women.
Purposes.— The purposes of this subtitle are—
to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies; and
to empower Indian Tribes to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Alaska Natives through the exercise of special Tribal criminal jurisdiction.
SEC. 812. Definitions.
In this subtitle:
Assault of tribal justice personnel; covered crime; obstruction of justice; protection order; violation of a protection order.—
In general.— The terms “assault of Tribal justice personnel”, “covered crime”, “obstruction of justice”, “protection order”, and “violation of a protection order” have the meanings given the terms in section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the “Indian Civil Rights Act of 1968”).
Application.— For purposes of the application of the definitions of “assault of Tribal justice personnel”, “obstruction of justice”, and “violation of a protection order”, and for purposes of the application of the defined terms contained in the definition of “covered crime”, under section 204(a) of Public Law 90–284 (25 U.S.C. 1304(a)) (commonly known as the “Indian Civil Rights Act of 1968”) to the pilot program, the Attorney General shall modify any reference to “Indian country” to mean the Village of a participating Tribe.
Indian; indian court; indian tribe; powers of self-government.— The terms “Indian”, “Indian court”, “Indian tribe”, and “powers of self-government” have the meanings given the terms in section 201 of Public Law 90–284 (25 U.S.C. 1301) (commonly known as the “Indian Civil Rights Act of 1968”).
Participating tribe.— The term “participating Tribe” means an Indian tribe that is designated under section 813(d)(1) as a participating Tribe to exercise special Tribal criminal jurisdiction.
Pilot program.— The term “pilot program” means the pilot program established by section 813(d)(1).
Special tribal criminal jurisdiction.— The term “special Tribal criminal jurisdiction” means the criminal jurisdiction that a participating Tribe may exercise under this subtitle but could not otherwise exercise.
State.— The term “State” means the State of Alaska.
Village.— The term “Village” means the Alaska Native Village Statistical Area covering all or any portion of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), as depicted on the applicable Tribal Statistical Area Program Verification map of the Bureau of the Census.
SEC. 813. Tribal Jurisdiction in Alaska.
In General.— Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), Congress recognizes and affirms the inherent authority of any Indian tribe occupying a Village in the State to exercise criminal and civil jurisdiction over all Indians present in the Village.
Tribal Civil Jurisdiction to Enforce Protection Orders.—
In general.— A court of any Indian tribe in the State shall have full civil jurisdiction to issue and enforce protection orders involving any person in matters—
arising within the Village of the Indian tribe; or
otherwise within the authority of the Indian tribe.
Inclusions.— The full civil jurisdiction to issue and enforce protection orders under paragraph (1) includes the authority to enforce protection orders through—
civil contempt proceedings;
exclusion of violators from the Village of the Indian tribe; and
other appropriate mechanisms.
Special Tribal Criminal Jurisdiction.—
In general.— Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed under subsection (a), the powers of self-government of a participating Tribe include the inherent power of the participating Tribe, which is hereby recognized and affirmed, to exercise special Tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Village of the participating Tribe.
Concurrent jurisdiction.— The exercise of special Tribal criminal jurisdiction by a participating Tribe shall be concurrent with the jurisdiction of the United States, the State, or both.
Exception if victim and defendant are both non-indians.—
In general.— A participating Tribe may not exercise special Tribal criminal jurisdiction over an alleged offense of a covered crime, other than obstruction of justice or assault of Tribal justice personnel, if neither the defendant nor the alleged victim is an Indian.
Definition of victim.— In this paragraph and with respect to a criminal proceeding in which a participating Tribe exercises special Tribal criminal jurisdiction based on a violation of a protection order, the term “victim” means a person specifically protected by the protection order that the defendant allegedly violated.
Pilot Program for Special Tribal Criminal Jurisdiction Over Persons Who Are Not Indians.—
Establishment.— Subject to title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the “Indian Civil Rights Act of 1968”), there is established a pilot program under which the Attorney General, subject to paragraph (5), shall designate not more than 5 Indian tribes per calendar year as participating Tribes to exercise the special Tribal criminal jurisdiction described in paragraph (6) over all persons present in the Village of the Indian tribe.
Procedure.— At any time during the 1-year period beginning on the date of enactment of this Act, and annually thereafter, an Indian tribe may request the Attorney General to designate the Indian tribe as a participating Tribe under paragraph (1).
Designation of participating tribes.—
In general.— The Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall establish a process to designate Indian tribes to participate in the pilot program, which process shall—
require that preference shall be given to Indian tribes occupying Villages—
the populations of which are predominantly Indian; and
that lack a permanent State law enforcement physical presence;
require that for each Indian tribe requesting to be designated as a participating Tribe, the Attorney General makes a determination that the criminal justice system of the Indian tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the “Indian Civil Rights Act of 1968”); and
be subject to such other criteria as the Attorney General considers to be appropriate to achieve the purposes of this subtitle.
Designation.— The Attorney General shall designate Indian tribes to participate in the pilot program under paragraph (1) using the process established under subparagraph (A).
Intertribal participation.—
In general.— 2 or more participating Tribes (or the Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) of the participating Tribe, if the Tribal organization is exercising delegated authority from the participating Tribe)—
may elect to participate jointly in the pilot program by providing shared resources to carry out the purposes of the pilot program; and
on making an election pursuant to clause (i), shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5).
Additional participating tribes.—
In general.— Additional participating Tribes may elect to join an established intertribal partnership under subparagraph (A) at any time after the intertribal partnership is established.
Application.— An intertribal partnership that additional participating Tribes elect to join pursuant to clause (i) shall be considered to be a single participating Tribe for purposes of the maximum number of participating Tribes under paragraphs (1) and (5).
Maximum number of participating tribes.—
In general.— Except as provided in subparagraph (B), the Attorney General may designate not more than 30 Indian tribes to participate in the pilot program.
Exception.— The limitation under subparagraph (A) shall not apply if the Attorney General submits to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, and publishes in the Federal Register, a written notice of the intention to designate additional Indian tribes as participating Tribes, including the rationale for the designation, by not later than the date that is 180 days before the date of designation.
Description of jurisdiction.— Congress recognizes and affirms that an Indian tribe selected to participate in the pilot program as a participating Tribe may exercise, subject to paragraph (7), special Tribal criminal jurisdiction with respect to covered crimes.
Rights of defendants.— In exercising special Tribal criminal jurisdiction under the pilot program, a participating Tribe shall provide to each defendant all rights described in section 204(d) of Public Law 90–284 (25 U.S.C. 1304(d)) (commonly known as the “Indian Civil Rights Act of 1968”).
Sentences.— In a criminal proceeding in which an Indian court of a participating Tribe, in exercising special Tribal criminal jurisdiction with respect to a covered crime, imposes a sentence of imprisonment of more than 1 year on a defendant pursuant to section 202(b) of Public Law 90–284 (25 U.S.C. 1302(b)) (commonly known as the “Indian Civil Rights Act of 1968”), the Indian court may require the defendant—
to serve a sentence—
in a Tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines set by the Bureau of Indian Affairs;
at the expense of the United States, in the nearest appropriate Federal facility pursuant to the Bureau of Prisons Tribal Prisoner Program established under section 234(c)(1) of the Tribal Law and Order Act of 2010 (25 U.S.C. 1302 note; Public Law 111–211); or
at the expense of the participating Tribe and, subject to section 204(f)(1) of Public Law 90–284 (25 U.S.C. 1304(f)(1)) (commonly known as the “Indian Civil Rights Act of 1968”), reimbursable by the Attorney General, in a detention or correctional center approved by the State or a local government of the State pursuant to a memorandum of agreement between the participating Tribe and the State or local government of the State; or
to serve another alternative form of punishment, as determined by the Indian court pursuant to Tribal law.
Memoranda of Agreement.— The Attorney General and the Secretary of the Interior may enter into such memoranda of agreement with participating Tribes and the State as are necessary and appropriate—
to coordinate respective law enforcement activities;
to share equipment and other resources;
to establish cross-deputization arrangements;
to coordinate appropriate training activities; and
to address any other matters that will facilitate the successful implementation of the pilot program, including intergovernmental agreements regarding—
the incarceration of convicted persons; and
cooperation in the investigation and prosecution of crimes.
Alaska Tribal Public Safety Advisory Committee.—
Establishment.— Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Interior, affected Indian tribes, and the State, shall establish a committee, to be known as the “Alaska Tribal Public Safety Advisory Committee” (referred to in this subsection as the “Committee”).
Membership.— The Committee shall consist of 1 or more representatives from—
participating Tribes and Indian tribes aspiring to participate in the pilot program;
Federal, Tribal, State, and local law enforcement; and
Tribal nonprofit organizations providing victim services.
Duties.— The Committee shall focus on—
improving the justice systems, crime prevention, and victim services of Indian tribes and the State; and
increasing coordination and communication among Federal, Tribal, State, and local law enforcement agencies.
Travel expenses.— A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.
Nonapplicability of faca.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.
Authorization of appropriations.— There are authorized to be appropriated to carry out this subsection such sums as may be necessary for the period of fiscal years 2023 through 2027, to remain available until expended.
Report to Congress.— Not later than 5 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Interior and affected Indian tribes, shall submit to Congress a report describing the results of the pilot program, including an explanation of any modifications to law necessary to facilitate improved law enforcement in Villages.
Applicability.— Nothing in this subtitle—
limits, alters, expands, or diminishes the civil or criminal jurisdiction of the United States, the State, any subdivision of the State, or any Indian tribe in the State;
creates or eliminates any Federal or State criminal jurisdiction over a Village; or
affects the authority of the United States or any authority delegated by the United States to the State to investigate and prosecute a criminal violation in a Village.
TITLE IX Office on Violence Against Women
SEC. 901. Establishment of Office on Violence Against Women.
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—
in the section heading, by striking “ violence against women office” and inserting “ office on violence against women”;
in subsection (a), by striking “ a Violence Against Women Office” and inserting “ an Office on Violence Against Women”;
in subsection (b), by inserting “ , not subsumed by any other office” after “ within the Department of Justice”; and
in subsection (c)(2), by striking “ authorized or undertaken under the” and all that follows and inserting
“(A) the Violence Against Women Act of 1994 (title IV of Public Law 103–322);
“(B) the Violence Against Women Act of 2000 (division B of Public Law 106–386);
“(C) the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960);
“(D) the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54); and
“(E) the Violence Against Women Act Reauthorization Act of 2022.”
Director of the Office on Violence Against Women.— Section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10443) is amended—
in the section heading, by striking “ violence against women office” and inserting “ office on violence against women”;
in subsection (a)—
by striking “ the Violence Against Women Office” and inserting “ the Office on Violence Against Women”; and
by striking “ in this title referred to” and inserting “ in this part referred to”;
in subsection (b)(2)—
by striking “ or the Violence” and inserting “ , the Violence”; and
by striking the period at the end and inserting “ , the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), or the Violence Against Women Act Reauthorization Act of 2022.”.
Duties and Functions of Director of the Office on Violence Against Women.— Section 2004 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10444) is amended—
in the section heading, by striking “ violence against women office” and inserting “ office on violence against women”;
in paragraph (5), in the matter preceding subparagraph (A)—
by striking “ and the Violence” and inserting “ , the Violence”; and
by striking “ , including with” and inserting “ , the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 2960), the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54), and the Violence Against Women Act Reauthorization Act of 2022, including with”; and
in paragraph (6)(B), by inserting “ synchronize Federal definitions and protocols,” before “ and improve coordination”.
Staff of Office on Violence Against Women.— Section 2005 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10445) is amended in the section heading, by striking “ violence against women office” and inserting “ office on violence against women”.
Conforming 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. 902. Senior Policy Advisor for Culturally Specific Communities of the Office on Violence Against Women.
Part T of the Omnibus Crime Control and Safe Streets Act (34 U.S.C. 10441 et seq.), as amended by section 101, is further amended by adding at the end the following:
“SEC. 2018. SENIOR POLICY ADVISOR FOR CULTURALLY SPECIFIC COMMUNITIES.
“(a) Establishment.—There is established in the Office on Violence Against Women a Senior Policy Advisor for Culturally Specific Communities.
“(b) Duties.—The Senior Policy Advisor for Culturally Specific Communities, under the guidance and authority of the Director, shall—
“(1) advise on the administration of grants related to culturally specific services and contracts with culturally specific organizations;
“(2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;
“(3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;
“(4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;
“(5) ensure that appropriate technical assistance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities;
“(6) ensure access to grants and technical assistance for culturally specific organizations; and
“(7) analyze the distribution of grant funding in order to identify barriers for culturally specific organizations.
“(c) Qualifications.—Not later than 120 days after the date of enactment of this section, the Director shall hire for the position established under subsection (a) an individual with personal, lived, and work experience from a culturally specific community, and a demonstrated history and expertise addressing domestic violence or sexual assault in a nongovernmental agency.”
TITLE X Improving Conditions for Women in Federal Custody
SEC. 1001. Improving the Treatment of Primary Caretaker Parents and Other Individuals in Federal Prisons.
Short Title.— This section may be cited as the “Ramona Brant Improvement of Conditions for Women in Federal Custody Act”.
Amendment.— Chapter 303 of title 18, United States Code, is amended by adding at the end the following:
Ҥ 4051. Treatment of primary caretaker parents and other individuals
“(a) Definitions.—In this section—
“(1) the term ‘correctional officer’ means a correctional officer of the Bureau of Prisons;
“(2) the term ‘covered institution’ means a Federal penal or correctional institution;
“(3) the term ‘Director’ means the Director of the Bureau of Prisons;
“(4) the term ‘post-partum recovery’ means the first 12-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) is victim or witness of a crime;
“(D) has filed a nonfrivolous civil rights claim in Federal or State court; or
“(E) 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, consider placing the prisoner as close to the children as possible; and
“(B) consider any other factor that the office determines to be appropriate.
“(c) Prohibition on Placement of Pregnant Prisoners or Prisoners in 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 paragraph (1) in a segregated housing unit shall be limited and temporary.
“(d) Intake and Assessments.—The Director shall assess the need for family-focused programming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs.
“(e) Parenting Classes.—The Director shall provide voluntary parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
“(f) Trauma Screening.—The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
“(1) identify a prisoner who may have 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 health care professional for diagnosis and treatment.
“(g) Family Needs Training.—The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on—
“(1) how to interact with children in an age-appropriate manner, and the children’s caregivers;
“(2) basic childhood and adolescent development information; and
“(3) basic customer service skills.
“(h) 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. The Director shall make rules—
“(A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and
“(B) providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products.
“(3) Gynecologist access.—The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
“(4) Relation to other laws.—Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).”
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 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) on the basis of a failure by the eligible prisoner, before being committed to the custody of the Bureau of Prisons, to disclose to any official of the Bureau of Prisons that the prisoner had a substance abuse problem on or before the date on which the eligible prisoner was committed to the custody of the Bureau of Prisons.”
Implementation Date.—
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.
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 progress report on the implementation of this section and the amendments made by this section.
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:
“4051. Treatment of primary caretaker parents and other individuals.”.
SEC. 1002. Health and Safety of Pregnant Women and Mothers.
Short Title.— This section may be cited as the “Stop Infant Mortality and Recidivism Reduction Act” or the “SIMARRA Act”.
Establishment.— Not later than 270 days after the date of enactment of this Act, the Director of the 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.
Purposes.— The purposes of this section are to—
prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates;
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;
utilize a female offender risk and needs assessment to encourage a more effective and efficient Federal prison system;
utilize a validated post-sentencing risk and needs assessment system that relies on dynamic factors to provide Federal prison officials with information regarding needs of Federal pregnant offenders and enhance public safety;
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
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 parenting programming safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforcement missions.
Duties of the Director of Bureau of Prisons.—
In general.— The Director shall carry out this section in consultation with—
the Director of the Administrative Office of the United States Courts;
the Director of the Office of Probation and Pretrial Services; and
the Director of the National Institute of Justice.
Duties.— The Director shall, in accordance with paragraph (3), and in addition to the mandates under section 3631 of title 18, United States Code—
evaluate the female offender risk and needs assessment for its ability to address the particular health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this subsection;
develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c);
conduct ongoing research and data analysis on—
the best practices relating to the use of offender risk and needs assessment tools for female offenders with a particular emphasis on how those tools address the health and sensitivities of federally incarcerated pregnant women and mothers;
potential improvements to risk and needs assessment tools for female offenders to address the health and sensitivities of federally incarcerated pregnant women and mothers; and
which recidivism reduction programs are the most effective—
for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and
for addressing the specific needs of federally incarcerated pregnant women and mothers;
on a biennial basis, review any findings related to evaluations conducted 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 to female offender risk and needs assessment systems, and if so, make such revisions or updates;
hold periodic meetings with the individuals listed in paragraph (1) at intervals to be determined by the Director;
develop tools to communicate parenting program availability and eligibility criteria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of Prisons facility understands the resources available to such inmate; and
report to Congress in accordance with subsection (h).
Methods.— In carrying out the duties under paragraph (2), the Director shall—
consult relevant stakeholders; and
make decisions using data that is based on available statistical and empirical evidence.
Eligibility.— An inmate may apply to participate in the Program if the inmate—
is pregnant at the beginning of or during the term of imprisonment; and
is in the custody or control of the Bureau of Prisons.
Program Terms.—
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—
the date that the inmate’s term of imprisonment terminates; or
the date the infant fails to meet any medical criteria established by the Director.
Inmate requirements.— For the duration of an inmate’s participation in the Program, the inmate shall agree to—
take substantive steps towards acting in the role of a parent or guardian to any child of that inmate;
participate in any recommended educational or counseling opportunities, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate;
abide by any court decision regarding the legal or physical custody of the child; and
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.
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.
Reporting.—
In general.— Not later than 6 months after the date of enactment of this Act, and once each year thereafter for 5 years, the Director shall submit a progress report to the Congress with regards to implementing the Program.
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.
SEC. 1003. Research and Report on Women in Federal Incarceration.
Not later than 18 months after the date of enactment of this Act, and thereafter, every other year, the National Institute of Justice, in consultation with the Bureau of Justice Statistics and the Bureau of Prisons (including the Women and Special Population Branch) shall prepare a report on the status of women in Federal incarceration. Depending on the topic to be addressed, and the facility, data shall be collected from Bureau of Prisons personnel and a sample that is representative of the population of incarcerated women. The report shall include—
with regard to Federal facilities wherein women are incarcerated—
responses by such women to questions from the Adverse Childhood Experience (ACES) questionnaire;
demographic data of such women;
data on the number of women who are incarcerated and placed in Federal and private facilities more than 200 miles from their place of residence;
responses by such women to questions about the extent of exposure to sexual victimization, sexual violence and domestic violence (both inside and outside of incarceration);
the number of such women pregnant at the time that they entered incarceration;
the number of such women who have children age 18 or under, and if so, how many; and
the crimes for which such women are incarcerated and the length of their sentence and to the extent practicable, any information on the connection between the crime of which they were convicted and their experience of domestic violence, dating violence, sexual assault, or stalking; and
with regard to all Federal facilities where persons are incarcerated—
a list of best practices with respect to women’s incarceration and transition, including staff led programs, services, and management practices (including making sanitary products readily available and easily accessible, and access to and provision of healthcare);
the availability of trauma treatment at each facility (including number of beds, and number of trained staff);
rates of serious mental illness broken down by gender and security level and a list of residential programs available by site; and
the availability of vocational education and a list of vocational programs provided by each facility.
SEC. 1004. Reentry Planning and Services for Incarcerated Women.
In General.— The Attorney General, in coordination with the Director of the Office of Probation and Pretrial Services and the Director of the Bureau of Prisons (including the Women and Special Population Branch), shall collaborate on a model of gender responsive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic and sexual violence.
Required Consultation.— In developing the model required under subsection (a), the Attorney General shall consult with such experts within the Federal government (including the Office on Violence Against Women of the Department of Justice), within Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), and in the victim service provider community (including sexual and domestic violence and homelessness, job training and job placement service providers) as are necessary to the completion of a comprehensive plan.
Contents.— The model required under subsection (a) shall address, at a minimum—
the development by the Bureau of Prisons of a contract for gender collaborative services; and
identification by re-entry affairs coordinators and responsive planning for the needs of re-entering women with respect to—
housing, including risk of homelessness;
previous exposure to and risk for domestic and sexual violence;
the need for parenting classes, assistance securing childcare, or assistance in seeking or securing jobs that afford flexibility (as might be necessary in the re-entry, parenting or other contexts);
other support tailored to the needs of Indigenous women, including American Indian, Alaska Native, and Native Hawaiian women; and
the need to ensure a family-focused reentry, by—
including incarcerated mothers, their children, and their caregivers to create family reentry planning and programming; and
informing reentry information to visiting families.
SEC. 1005. Authorization of Appropriations.
To carry out this title, there are authorized to be appropriated $8,000,000 for each of fiscal years 2023 through 2027.
TITLE XI Law Enforcement Tools to Enhance Public Safety
SEC. 1101. Nics Denial Notification Act of 2022.
Short Title.— This section may be cited as the “NICS Denial Notification Act of 2022”.
Local Law Enforcement Authority Defined.— Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
“(36) The term ‘local law enforcement authority’ means a bureau, office, department or other authority of a State or local government or Tribe that has jurisdiction to investigate a violation or potential violation of, or enforce, a State, local, or Tribal law.”
Amendment.— Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following:
Ҥ 925B. Reporting of background check denials to State authorities
“(a) In General.—If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) (referred to in this section as ‘NICS’) provides a notice pursuant to section 922(t) that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 or State, local, or Tribal law, the Attorney General shall, in accordance with subsection (b) of this section—
“(1) report to the local law enforcement authority of the State or Tribe where the person sought to acquire the firearm and, if different, the local law enforcement authorities of the State or Tribe of residence of the person—
“(A) that the notice was provided;
“(B) the Federal, State, local or Tribal prohibition;
“(C) the date and time the notice was provided;
“(D) the location of the licensee where the firearm was sought to be transferred; and
“(E) the identity of the person; and
“(2) where practicable, report the incident to State and local prosecutors or Tribal prosecutors in the jurisdiction where the firearm transfer was sought.
“(b) Requirements for Report.—A report is made in accordance with this subsection if the report is made under subsection (a) within 24 hours after the NICS denies a firearm transfer in accordance with section 922(t) of title 18, United States Code, except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation.
“(c) Amendment of Report.—If a report is made in accordance with subsection (b) and, after such report is made, the Federal Bureau of Investigation determines that the receipt of a firearm by a person for whom the report was made would not violate subsection (g) or (n) of section 922 or State, local, or Tribal law, the Attorney General shall notify any law enforcement authority and any prosecutor to whom the report was made of that determination.
“(d) Rule of Construction.—Nothing in subsection (a) shall be construed to require a report with respect to a person to be made to the same State authorities that made the original denial determination with respect to the transfer of the firearm.”
Clerical Amendment.— The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 925A the following:
“925B. Reporting of background check denials to State authorities.”.
SEC. 1102. Annual Report to Congress.
In General.— Chapter 44 of title 18, United States Code, as amended by section 1101, is amended by inserting after section 925B the following:
Ҥ 925C. Annual report to Congress
“Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district:
“(1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 or State law from receiving or possessing a firearm who are so denied a firearm—
“(A) the number of denials;
“(B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
“(C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 or State law from receiving or possessing a firearm;
“(D) the number of denials overturned through the appeals process of the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901);
“(E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
“(F) the number of persons charged with a Federal criminal offense in connection with a denial; and
“(G) the number of convictions obtained by Federal authorities in connection with a denial.
“(2) The number of background check notices reported pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)).”
Clerical Amendment.— The table of sections for chapter 44 of title 18, United States Code, as amended by section 1101, is amended by inserting after the item relating to section 925B the following:
“925C. Annual report to Congress.”.
SEC. 1103. Special Assistant U.s. Attorneys and Cross-Deputized Attorneys.
In General.— Chapter 44 of title 18, United States Code, as amended by section 1102, is further amended by inserting after section 925C the following:
Ҥ 925D. Special assistant U.S. attorneys and cross-deputized attorneys
“(a) In General.—In order to improve the enforcement of paragraphs (8) and (9) 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 to serve as special assistant United States attorneys for the purpose of prosecuting violations of such paragraphs; and
“(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, and Explosives in responding to and investigating violations of such paragraphs.
“(b) Improve Intimate Partner and Public Safety.—The Attorney General shall—
“(1) identify not fewer 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) and (9) of section 922(g) and where local authorities lack the resources to address such violence;
“(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; 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, and Explosives; and
“(B) each District Office of the United States Attorneys.
“(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.”
Clerical Amendment.— The table of sections for chapter 44 of title 18, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 925C the following:
“925D. Special assistant U.S. attorneys and cross-deputized attorneys.”.
SEC. 1104. Unlawful Acts.
Misdemeanor Crime of Domestic Violence Defined.— Section 921(a)(33)(A)(i) of title 18, United States Code, is amended by striking “ or Tribal law” and inserting “ , Tribal, or local law”.
Transfers.— Section 922(t) of title 18, United States Code, is amended-
in paragraph (1)(B)(ii), by inserting “ , or State, local, or Tribal law” after “ subsection (g) or (n) of this section”;
in paragraph (2), in the matter preceding subparagraph (A), by inserting “ , local or Tribal” after “ State”;
in paragraph (4), by inserting “ local, or Tribal” after “ State”; and
in paragraph (5), by inserting “ local, or Tribal” after “ State”.
SEC. 1105. Review on Criminal Offenses Affecting Native Hawaiians.
Native Hawaiian Defined.— In this section, the term “Native Hawaiian” has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4221).
Review of Relevant Federal Crime Prevention, Victim Service, and Criminal Justice Programs Serving Native Hawaiians.—
Report.— Not later than 18 months after the date of enactment of this Act, the Attorney General shall submit a report to Congress containing the following:
The results and findings of the comprehensive review required to be conducted under paragraph (2).
The amount of Federal funding received by Native Hawaiian-serving organizations from relevant Federal programs, including the percentage of each such amount of funding received by Native Hawaiian-serving organizations relative to the total amount of funding dispersed for each relevant Federal program.
Recommendations and legislative proposals to—
improve how relevant Federal programs address the needs of Native Hawaiians;
improve responses to and investigation of incidences of missing or murdered Native Hawaiians;
reduce the likelihood that a Native Hawaiian may become involved in the criminal justice system; and
address any other relevant matters deemed necessary by the Attorney General.
Comprehensive review.— The Attorney General shall conduct a comprehensive review of relevant Federal programs.
Relevant federal program.— In this subsection, the term “relevant Federal program” means any—
law enforcement or other crime prevention program targeting criminal offenses that affect Native Hawaiians, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, missing or murdered individuals, and substance abuse;
any program that provide services to victims of criminal offenses affecting Native Hawaiians, including child sexual exploitation, child abuse, intimate partner violence, human trafficking, and substance abuse; and
any criminal justice system program or service available to and used by Native Hawaiians in various jurisdictions, including diversion programs, in-prison education programs, and reentry services.
Report on Native Hawaiians in the Criminal Justice System.—
In general.— Not later than 180 days after the date of enactment of this Act, the Attorney General, acting through the National Institute of Justice, in coordination with the Bureau of Justice Statistics, shall prepare a report on the interaction of Native Hawaiians with the criminal justice system.
Contents of report.— The report required under this subsection shall include—
known statistics related to the percentage of persons who are Native Hawaiians out of the total of—
all persons arrested;
all persons detained in Federal, State, and local jails;
all persons subject to pretrial supervision;
all persons subject to post-conviction supervision;
all persons incarcerated in Federal and State prisons; and
all persons subject to post-release supervision;
an explanation of why the statistics described in subparagraph (A) may not be comprehensive;
recommendations on how data collection related to the statistics described in subparagraph (A) could be improved;
a description of any culturally relevant programs available to Native Hawaiians who interact with the Federal criminal justice system; and
a summary of any available data on the number of Native Hawaiians who are incarcerated and placed in Federal and private correctional facilities more than 200 miles from their place of residence.
TITLE XII Closing the Law Enforcement Consent Loophole
SEC. 1201. Short Title.
This title may be cited as the “Closing the Law Enforcement Consent Loophole Act of 2022”.
SEC. 1202. Penalties for Civil Rights Offenses Involving Sexual Misconduct.
Amendment.—
In general.— Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
Ҥ 250. Penalties for civil rights offenses involving sexual misconduct
“(a) Offense.—It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct.
“(b) Penalties.—Any person who violates subsection (a) shall be—
“(1) in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life;
“(2) in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life;
“(3) in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years;
“(4) in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing—
“(A) fined under this title and imprisoned for not more than 10 years; and
“(B) if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years;
“(5) in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)—
“(A) fined under this title and imprisoned for not more than 3 years; and
“(B) if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and
“(6) in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244—
“(A) fined under this title and imprisoned for not more than 2 years; and
“(B) if the offense involves a child under the age of 12, imprisoned for not more than 10 years.”
Technical and conforming amendment.— The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following:
“250. Penalties for civil rights offenses involving sexual misconduct.”.
in paragraph (1), by striking “ or” at the end;
in paragraph (2)(B), by inserting “ or” after the semicolon; and
by inserting after paragraph (2) the following:
“(3) engages in a sexual act with another person without that other person’s consent, to include doing so through coercion;”
Sexual Abuse of a Minor, a Ward, or an Individual in Federal Custody.—
by striking the section heading and inserting “ Sexual abuse of a minor, a ward, or an individual in Federal custody”;
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by adding after subsection (b) the following:
“(c) Of an Individual in Federal Custody.—Whoever, while acting in their capacity as a Federal law enforcement officer, knowingly engages in a sexual act with an individual who is under arrest, under supervision, in detention, or in Federal custody, shall be fined under this title, imprisoned not more than 15 years, or both.”
Clerical amendment.— The table of sections for chapter 109A of title 18, United States Code, is amended by striking the item relating to section 2243 and inserting the following:
“2243. Sexual abuse of a minor, a ward, or an individual in Federal custody.”.
in paragraph (4), by striking “ or” at the end;
in paragraph (5), by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(6) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both;”
in paragraph (5), by striking “ and” at the end;
in paragraph (6), by striking the period at the end and inserting “ ; and”; and
by inserting after paragraph (6) the following:
“(7) the term ‘Federal law enforcement officer’ has the meaning given the term in section 115.”
SEC. 1203. Incentives for States.
Authority To Make Grants.— The Attorney General is authorized to make grants to States that have in effect a law that—
makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and
prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.
Reporting Requirement.— A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—
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
the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.
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).
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:
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”).
Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) (commonly referred to as the “Sexual Assault Services Program”).
Grant Term.—
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.
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.
Limit.— A State may not receive a grant under this section for more than 4 years.
Uses of Funds.— A State that receives a grant under this section shall use—
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
75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).
Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.
Definition.— For purposes of this section, the term “State” means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
SEC. 1204. Reports to Congress.
Report by Attorney General.— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress and make publicly available on the Department of Justice website a report containing—
the information required to be reported to the Attorney General under section 1203(b); and
information on—
the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act while acting under color of law; and
the disposition of each case in which sexual misconduct by a person acting under color of law was reported.
Report by GAO.— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 1302, committed during the 1-year period covered by the report.
Report by Attorney General on Conflicts Between State’s Marriage-age and Age-based Sex Offenses.— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report that examines inconsistencies between State laws on marriage-age and State laws on age-based sex offenses and, in particular, States with laws that—
provide an exception to definitions of age-based sex offenses (including statutory rape), or a defense to prosecution for such offenses, based on the marriage of the perpetrator to the victim; or
allow marriages between parties at ages, or with age differences between them, such that sexual acts between those parties outside of marriage would constitute an age-based sex offense (including statutory rape).
SEC. 1205. Definition.
In this title, the term “sexual act” has the meaning given the term in section 2246 of title 18, United States Code.
TITLE XIII Other Matters
SEC. 1301. National Stalker and Domestic Violence Reduction.
Section 40603 of the Violence Against Women Act of 1994 (34 U.S.C. 12402) is amended by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 1302. Federal Victim and Witness Coordinators Reauthorization.
Section 40114 of the Violence Against Women Act of 1994 (Public Law 103–322; 108 Stat. 1910) is amended to read as follows:
“SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS COORDINATORS.
“There are authorized to be appropriated for the United States attorneys for the purpose of appointing victim and witness coordinators for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia), $1,000,000 for each of fiscal years 2023 through 2027.”
SEC. 1303. Child Abuse Training Programs for Judicial Personnel and Practitioners Reauthorization.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C. 20334(a)) is amended by striking “ subtitle” and all that follows and inserting “ subtitle $2,300,000 for each of fiscal years 2023 through 2027”.
SEC. 1304. Sex Offender Management.
Section 40152(c) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12311(c)) is amended to read as follows:
“(c) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.”
SEC. 1305. Court-Appointed Special Advocate Program.
Section 219(a) of the Crime Control Act of 1990 (34 U.S.C. 20324(a)) is amended by striking “ 2014 through 2018” and inserting “ 2023 through 2027”.
SEC. 1306. Review of Link Between Substance Use and Victims of Domestic Violence Dating Violence, Sexual Assault, or Stalking.
Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall complete a review and submit to Congress a report on whether being a victim of domestic violence, dating violence, sexual assault, or stalking increases the likelihood of having a substance use disorder.
SEC. 1307. Interagency Working Group to Study Federal Efforts to Collect Data on Sexual Violence.
Establishment.— Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish an interagency working group to study Federal efforts to collect data on sexual violence and to make recommendations on the harmonization of such efforts.
Composition.— The Working Group shall be comprised of at least one representative from each of the following agencies, who shall be selected by the head of that agency:
The Centers for Disease Control and Prevention.
The Department of Education.
The Department of Health and Human Services.
The Department of Justice.
The Equal Employment Opportunity Commission.
Duties.— The Working Group shall consider the following:
What activity constitutes different acts of sexual violence.
Whether reports that use the same terms for acts of sexual violence are collecting the same data on these acts.
Whether the context which led to an act of sexual violence should impact how that act is accounted for in reports.
Whether the data collected is presented in a way that allows the general public to understand what acts of sexual violence are included in each measurement.
Steps that agencies that compile reports relating to sexual violence can take to avoid double counting incidents of sexual violence.
Report Required.— Not later than 2 years after the date of enactment of this Act, the Working Group shall publish and submit to Congress a report on the following:
The activities of the Working Group.
Recommendations to harmonize Federal efforts to collect data on sexual violence.
Actions Federal agencies can take to implement the recommendations described in paragraph (2).
Recommendations, if any, for congressional action to implement the recommendations described in paragraph (2).
Termination.— The Working Group shall terminate 30 days after the date on which the report is submitted pursuant to subsection (d).
Definitions.— In this section:
Harmonize.— The term “harmonize” includes efforts to coordinate sexual violence data collection to produce complementary information, as appropriate, without compromising programmatic needs.
Sexual violence.— The term “sexual violence” includes an unwanted sexual act (including both contact and non-contact) about which the Federal Government collects information.
Working group.— The term “Working Group” means the interagency working group established under subsection (a).
SEC. 1308. National Resource Center on Workplace Responses to Assist Victims of Domestic and Sexual Violence; Assistance for Microbusinesses.
Section 41501(b) of the Violence Against Women Act of 1994 (34 U.S.C. 12501(b)) is amended—
in paragraph (2)—
by striking “ companies and public entities” and inserting “ companies, public entities”; and
by inserting “ , and employers with fewer than 20 employees” after “ State and local governments”; and
in paragraph (3), by inserting before the period at the end the following: “ , which materials shall include a website with resources for employers with fewer than 20 employees, including live training materials”.
SEC. 1309. Civil Action Relating to Disclosure of Intimate Images.
Definitions.— In this section:
Commercial pornographic content.— The term “commercial pornographic content” means any material that is subject to the record keeping requirements under section 2257 of title 18, United States Code.
Consent.— The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.
Depicted individual.— The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction.
Disclose.— The term “disclose” means to transfer, publish, distribute, or make accessible.
Intimate visual depiction.— The term “intimate visual depiction”—
means a visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, that depicts—
the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
the display or transfer of bodily sexual fluids—
on to any part of the body of an identifiable individual;
from the body of an identifiable individual; or
an identifiable individual engaging in sexually explicit conduct and
includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—
voluntarily display the content depicted; or
consent to the sexual conduct depicted.
Sexually explicit conduct.— The term “sexually explicit conduct” has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code.
Civil Action.—
Right of action.—
In general.— Except as provided in paragraph (4), an individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3).
Rights on behalf of certain individuals.— In the case of an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the identifiable individual’s estate, another family member, or any other person appointed as suitable by the court, may assume the identifiable individual’s’ rights under this section, but in no event shall the defendant be named as such representative or guardian.
Consent.— For purposes of an action under paragraph (1)—
the fact that the individual consented to the creation of the depiction shall not establish that the person consented to its distribution; and
the fact that the individual disclosed the intimate visual depiction to someone else shall not establish that the person consented to the further disclosure of the intimate visual depiction by the person alleged to have violated paragraph (1).
Relief.—
In general.— In a civil action filed under this section—
an individual may recover the actual damages sustained by the individual or liquidated damages in the amount of $150,000, and the cost of the action, including reasonable attorney’s fees and other litigation costs reasonably incurred; and
the court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the visual depiction.
Preservation of anonymity.— In ordering relief under subparagraph (A), the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.
Exceptions.— An identifiable individual may not bring an action for relief under this section relating to—
an intimate image that is commercial pornographic content, unless that content was produced by force, fraud, misrepresentation, or coercion of the depicted individual;
a disclosure made in good faith—
to a law enforcement officer or agency;
as part of a legal proceeding;
as part of medical education, diagnosis, or treatment; or
in the reporting or investigation of—
unlawful content; or
unsolicited or unwelcome conduct;
a matter of public concern or public interest; or
a disclosure reasonably intended to assist the identifiable individual.
SEC. 1310. Choose Respect Act.
Short Title.— This section may be cited as the “Choose Respect Act”.
Designation.—
In general.— Chapter 1 of title 36, United States Code, is amended by adding at the end the following:
Ҥ 146. Choose Respect Day
“(a) Designation.—October 1 is Choose Respect Day.
“(b) Recognition.—All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Choose Respect Day through proclamations, activities, and educational efforts in furtherance of changing the culture around the tolerance of violence against women.”
Technical and conforming amendment.— The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following:
“146. Choose Respect Day.”.
Media Campaign.—
Definitions.— In this subsection:
Director.— The term “Director” means the Director of the Office on Violence Against Women.
National media campaign.— The term “national media campaign” means the national “Choose Respect” media campaign described in paragraph (2).
Media campaign.— The Director shall, to the extent feasible and appropriate, conduct a national “Choose Respect” media campaign in accordance with this section for the purposes of—
preventing and discouraging violence against women, including domestic violence, dating violence, sexual assault, and stalking by targeting the attitudes, perceptions, and beliefs of individuals who have or are likely to commit such crimes;
encouraging victims of the crimes described in subparagraph (A) to seek help through the means determined to be most effective by the most current evidence available, including seeking legal representation; and
informing the public about the help available to victims of the crimes described in subparagraph (A).
Use of funds.—
In general.— Amounts made available to carry out this section for the national media campaign may only be used for the following:
The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases.
Creative and talent costs, consistent with subparagraph (B).
Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues.
Testing and evaluation of advertising.
Evaluation of the effectiveness of the national media campaign.
Costs of contracts to carry out activities authorized by this subsection.
Partnerships with professional and civic groups, community-based organizations, including faith-based organizations and culturally specific organizations, and government organizations related to the national media campaign.
Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, corporate sponsorship and participation, and professional sports associations and military branch participation.
Operational and management expenses.
Specific requirements.—
Creative services.— In using amounts for creative and talent costs under subparagraph (A), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising—
responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or
intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost.
Testing and evaluation of advertising.— In using amounts for testing and evaluation of advertising under subparagraph (A)(iv), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective with the target audience and meet industry-accepted standards. The Director may waive this requirement for advertisements using not more than 10 percent of the purchase of advertising time purchased under this section in a fiscal year and not more than 10 percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign.
Consultation.— For the planning of the campaign under paragraph (2), the Director may consult with—
the Office for Victims of Crime, the Administration on Children, Youth and Families, and other related Federal Government entities;
State, local, and Indian Tribal governments;
the prevention of domestic violence, dating violence, sexual assault, or stalking, including national and local non-profits; and
communications professionals.
Evaluation of effectiveness of national media campaign.— In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Attorney General shall—
designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from any relevant studies or publications, as determined by the Attorney General, including tracking and evaluation data collected according to marketing and advertising industry standards; and
ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to violence against women and such other measures of evaluation as the Attorney General determines are appropriate.
Advertising.— In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
Responsibilities and functions under the program.—
In general.— The Director shall determine the overall purposes and strategy of the national media campaign.
Director.—
In general.— The Director shall approve—
the strategy of the national media campaign;
all advertising and promotional material used in the national media campaign; and
the plan for the purchase of advertising time and space for the national media campaign.
Implementation.— The Director shall be responsible for implementing a focused national media campaign to meet the purposes described in paragraph (2) and shall ensure—
information disseminated through the campaign is accurate and scientifically valid; and
the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and requirements of paragraph (2), which may include—
a media campaign, as described in paragraph (3);
local, regional, or population specific messaging;
the development of websites to publicize and disseminate information;
conducting outreach and providing educational resources for women;
collaborating with law enforcement agencies; and
providing support for school-based public health education classes to improve teen knowledge about the effects of violence against women.
Prohibitions.— None of the amounts made available under paragraph (3) may be obligated or expended for any of the following:
To supplant current antiviolence against women campaigns by community-based coalitions.
To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns.
For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.
To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to schedule C of subpart C of title 5, Code of Federal Regulations.
To fund advertising that does not contain a primary message intended to reduce or prevent violence against women.
To fund advertising containing a primary message intended to promote support for the national media campaign or private sector contributions to the national media campaign.
Financial and performance accountability.— The Director shall cause to be performed—
audits and reviews of costs of the national media campaign pursuant to section 4706 of title 41, United States Code; and
an audit to determine whether the costs of the national media campaign are allowable under chapter 43 of title 41, United States Code.
Report to congress.— The Director shall submit on an annual basis a report to Congress that describes—
the strategy of the national media campaign and whether specific objectives of the national media campaign were accomplished;
steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign;
plans to purchase advertising time and space;
policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse;
all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign;
the results of any financial audit of the national media campaign;
a description of any evidence used to develop the national media campaign;
specific policies and steps implemented to ensure compliance with this subsection;
a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information necessary to provide a complete accounting of the funds expended; and
a review and evaluation of the effectiveness of the national media campaign strategy for the previous year.
Authorization of appropriations.— There are authorized to be appropriated to the Director to carry out this section $5,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.
SEC. 1311. Technical Correction to Victims of Crime Act.
Section 1403(a)(1) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(a)(1)) is amended by striking “ paragraph (3)” and inserting “ paragraph (4)”.
SEC. 1312. Eliminating the Marriage Defense to Statutory Rape.
Section 2243(c) of title 18, United States Code, is amended—
in paragraph (1), by striking “ (1) In a” and inserting “ In a”; and
by striking paragraph (2).
SEC. 1313. Senior Policy Advisor on Culturally Specific Communities Within the Office of Justice Programs.
Establishment; Duties.— There shall be a Senior Policy Advisor on Culturally Specific Communities within the Office of Justice Programs who shall, under the guidance and authority of the Assistant Attorney General of the Office of Justice Programs—
advise on the administration of grants related to culturally specific (as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a))) services and contracts with culturally specific organizations;
coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), in culturally specific communities;
advise the Assistant Attorney General for the Office of Justice Programs concerning policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;
provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;
ensure that appropriate technical assistance, developed and provided by entities having expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities; and
ensure access to grants and technical assistance for culturally specific organizations and analyze the distribution of funding in order to identify barriers for culturally specific organizations.
Qualifications.— The Senior Policy Advisor on Culturally Specific Communities shall be an individual with—
personal, lived, and work experience from a culturally specific community; and
a demonstrated history of and expertise in addressing domestic violence or sexual assault in a nongovernmental agency.
Initial Appointment.— Not later than 120 days after the date of enactment of this Act, the Assistant Attorney General of the Office of Justice Programs shall appoint an individual as Senior Policy Advisor on Culturally Specific Communities.
SEC. 1314. Task Force on Sexual Violence in Education.
Task Force on Sexual Violence in Education.— Not later than September 1, 2022, the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General shall establish a joint interagency task force to be known as the “Task Force on Sexual Violence in Education” that shall—
provide pertinent information to the Secretary of Education, the Attorney General, Congress, and the public with respect to campus sexual violence prevention, investigations, and responses, including the creation of consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f));
provide recommendations to educational institutions for establishing sexual assault prevention and response teams;
develop recommendations for educational institutions on providing survivor resources, including health care, sexual assault kits, sexual assault nurse examiners, culturally responsive and inclusive standards of care, trauma-informed services, and access to confidential advocacy and support services;
develop recommendations in conjunction with student groups for best practices for responses to and prevention of sexual violence and dating violence for educational institutions, taking into consideration an institution’s size and resources;
develop recommendations for educational institutions on sex education, as appropriate, training for school staff, and various equitable discipline models;
develop recommendations on culturally responsive and inclusive approaches to supporting survivors, which include consideration of race, ethnicity, national origin, religion, immigrant status, lesbian, gay, bisexual, or transgender (commonly referred to as “LGBT”) status, ability, disability, socio-economic status, exposure to trauma, and other compounding factors;
solicit periodic input from a diverse group of survivors, trauma specialists, advocates from national, State, and local anti-sexual violence advocacy organizations, institutions of higher education, and other public stakeholders;
assess the Department of Education’s ability under section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the advisability of additional remedies for such noncompliance, in addition to the remedies already available under Federal law; and
create a plan described in subsection (c).
Personnel Details.—
Authority to detail.— Notwithstanding any other provision of law, the head of a component of any Federal agency for which appropriations are authorized under the Violence Against Women Act of 1994 (34 U.S.C. 13925 et seq.), or any amendments made by that Act, may detail an officer or employee of such component to the Task Force on Sexual Violence in Education or to the Secretary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such component and the Task Force.
Terms of detail.— A personnel detail made under paragraph (1) may be made—
for a period of not more than 3 years; and
on a reimbursable or nonreimbursable basis.
Additional Plan.— Not later than 90 days after the date on which the Task Force on Sexual Violence in Education is established under subsection (a), the Task Force shall submit to Congress recommendations for recruiting, retaining, and training a highly-qualified workforce employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section 485(f) (20 U.S.C. 1092(f)), with respect to sexual violence in education, which shall include—
an assessment to identify gaps or challenges in carrying out such investigation and enforcement, which may include surveying the current investigative workforce to solicit feedback on areas in need of improvement;
an examination of issues of recruiting, retention, and the professional development of the current investigative workforce, including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions;
an assessment of the benefits of outreach and training with both law enforcement agencies and educational institutions with respect to such workforce;
an examination of best practices for making educational institutions aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and
strategies for addressing such other matters as the Secretary of Education considers necessary to sexual violence prevention, investigation, and responses.
Annual Reporting.— The Task Force on Sexual Violence in Education shall submit to Congress, and make publicly available, an annual report of its activities and any update of the plan required under subsection (c), including—
the number of complaints received regarding sexual violence at educational institutions;
the number of open investigations of sexual violence at educational institutions;
the number of such complaints that continued to resolution;
the number of such complaints resolved using informal resolution;
the average time to complete such an investigation;
the number of such investigations initiated based on complaints; and
the number of such investigations initiated by the Department of Education.
Definitions.— In this section:
Educational institution.— The term “educational institution” includes an institution of higher education, an elementary school, or a secondary school.
Elementary school; secondary school.— The terms “elementary school” and “secondary school” have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Institution of higher education.— The term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
SEC. 1315. Bree’s Law.
Short Title.— This section may be cited as “Bree’s Law”.
Teen Dating Violence Prevention.— Section 1708 of the Public Health Service Act (42 U.S.C. 300u-7) is amended—
by striking subsection (c) and inserting the following:
“(c) Certain Demonstration Projects.—
“(1) In general.—In carrying out subsection (b)(3), the Secretary may make grants to carry out demonstration projects for the purpose of improving adolescent health, including—
“(A) projects to train health care providers in providing services to adolescents; and
“(B) projects to reduce the incidence of violence among adolescents, particularly violence related to teen dating, which shall include projects to develop and implement educational program to increase abuse awareness and prevention.
“(2) Authorization of appropriations.—For the purpose of carrying out paragraph (1), there are authorized to be appropriated $8,000,000 for each of fiscal years 2023 through 2027.”
; and
by adding at the end the following:
“(g) Interagency Work Group.—
“(1) Establishment.—The Secretary shall establish the Federal Interagency Work Group on Teen Dating Violence (referred to in this section as the ‘Work Group’).
“(2) In general.—
“(A) Composition.—Not later than 120 days after the date of enactment of Bree’s Law, the Secretary shall appoint representatives to the Work Group from the Administration for Children and Families, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Department of Education, the Department of Justice, and other Federal agencies as determined appropriate by the Secretary.
“(B) Consultation.—The Work Group shall consult with—
“(i) experts at the State, Tribal, and local levels with relevant backgrounds in reducing and preventing the incidence of teen dating violence;
“(ii) victims of teen dating violence; and
“(iii) family members of teens who were killed by a dating partner.
“(3) Duties.—The Work Group shall—
“(A) examine all Federal efforts directed towards reducing and preventing teen dating violence;
“(B) identify strategies, resources, and supports to improve State, Tribal, and local responses to the incidence of teen dating violence;
“(C) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent teen dating violence; and
“(D) make recommendations for educating middle and high school students on teen dating violence.
“(4) Annual report to secretary.—The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent teen dating violence.”
SEC. 1316. Fairness for Rape Kit Backlog Survivors Act of 2022.
Short Title.— This section may be cited as the “Fairness for Rape Kit Backlog Survivors Act of 2022”.
Crime Victim Compensation.— Section 1403(b) of the Victims of Crime Act of 1984 (34 U.S.C. 20102(b)) is amended—
in paragraph (8), by striking “ and” at the end;
by redesignating paragraph (9) as paragraph (10); and
by inserting after paragraph (8) the following:
“(9) beginning not later than 3 years after the date of enactment of this paragraph, such program—
“(A) provides a waiver for any application filing deadline imposed by the program for a crime victim if—
“(i) the crime victim is otherwise eligible for compensation; and
“(ii) the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and
“(B) does not require the crime victim to undergo an appeals process to have the application of the crime victim considered for a filing deadline waiver under subparagraph (A); and”
SEC. 1317. Study Relating to State Actions to Prohibit Aiding and Abetting Sexual Misconduct in Schools.
Not later than 30 days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register the findings of the Department of Education’s study, as described in the notice published in the Federal Register entitled “Agency Information Collection Activities; Comment Request; Study of State Policies to Prohibit Aiding and Abetting Sexual Misconduct in Schools” (84 Fed. Reg. 57708 (October 28, 2019)), reviewing State actions to prohibit, in accordance with section 8546 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7926), the aiding and abetting of sexual misconduct in schools.
SEC. 1318. Supporting Access to Nurse Exams Act.
Short Title.— This section may be cited as the “Supporting Access to Nurse Exams Act” or the “SANE Act”.
Definitions.— Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by striking subsections (a), (b), and (c) and inserting the following:
“(a) Definitions.—In this section:
“(1) Eligible entity.—The term ‘eligible entity’ includes—
“(A) a State, Tribal, or local government or hospital;
“(B) a sexual assault examination program, including—
“(i) a SANE program;
“(ii) a SAFE program;
“(iii) a SART program;
“(iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and
“(v) a victim service provider involved in treating victims of sexual assault;
“(C) a State sexual assault coalition;
“(D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE;
“(E) a sexual assault examination program that provides SANE or SAFE training; and
“(F) a community-based program that provides sexual assault forensic examinations, including pediatric forensic exams in a multidisciplinary setting, by a qualified or certified SANE or SAFE outside of a traditional health care setting.
“(2) Health care facility.—The term ‘health care facility’ means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients.
“(3) Medical forensic examination; mfe.—The term ‘medical forensic examination’ or ‘MFE’ means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—
“(A) gathering information from the patient for the medical forensic history;
“(B) an examination;
“(C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;
“(D) documentation of findings;
“(E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and
“(F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence.
“(4) Pediatric sane and safe.—The term ‘pediatric SANE and SAFE’ means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18.
“(5) Qualified personnel.—The term ‘qualified personnel’ includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations.
“(6) Qualified sane and safe training program.—The term ‘qualified SANE and SAFE training program’ means a program that—
“(A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training;
“(B) provides that preparation under a health care model that uses trauma-informed techniques; and
“(C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners.
“(7) Rural area.—The term ‘rural area’ has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291).
“(8) Secretary.—The term ‘Secretary’ means the Secretary of Health and Human Services.
“(9) Sexual assault.—The term ‘sexual assault’ means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent.
“(10) Sexual assault forensic examiner; safe.—The term ‘sexual assault forensic examiner’ or ‘SAFE’ means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations.
“(11) Sexual assault forensic examination.—The term ‘sexual assault forensic examination’ means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes—
“(A) gathering information from the patient for the medical forensic history;
“(B) an examination;
“(C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient;
“(D) documentation of findings;
“(E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical concerns; and
“(F) providing follow-up as needed to provide additional healing, treatment, or collection of evidence.
“(12) Sexual assault nurse examiner; sane.—The term ‘sexual assault nurse examiner’ or ‘SANE’ means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations.
“(13) Sexual assault response team; sart.—The term ‘sexual assault response team’ or ‘SART’ means a multidisciplinary team that—
“(A) provides a specialized and immediate response to survivors of sexual assault; and
“(B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists.
“(14) State.—The term ‘State’ means any State of the United States, the District of Columbia, and any territory or possession of the United States.
“(15) Trauma-informed.—The term ‘trauma-informed’ means, with respect to services or training, services or training that—
“(A) use a patient-centered approach to providing services or care;
“(B) promote the dignity, strength, and empowerment of patients who have experienced trauma; and
“(C) incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives.
“(16) Underserved populations.—The term ‘underserved populations’ has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291).”
Sexual Assault Nurse Examiner Grants.— Section 304 of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723) is amended by inserting after subsection (a), as amended by subsection (b) of this section, the following:
“(b) Sexual Assault Nurse Examiner Training Program Grants.—
“(1) Authorization for grants.—The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes:
“(A) To establish qualified regional SANE training programs—
“(i) to provide clinical education for SANE students;
“(ii) to provide salaries for full and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and
“(iii) to provide access to simulation laboratories and other resources necessary for clinical education.
“(B) To provide full and part time salaries for SANEs and SAFEs, including pediatric SANEs and SAFEs.
“(C) To increase access to SANEs and SAFEs by otherwise providing training, education, or technical assistance relating to the collection, preservation, analysis, and use of DNA samples and DNA evidence by SANEs, SAFEs, and other qualified personnel.
“(2) Preference for grants.—In reviewing applications for grants under this section, the Attorney General shall give preference to any eligible entity that certifies in the grant application that the entity will coordinate with a rape crisis center or the State sexual assault coalition to facilitate sexual assault advocacy to support sexual assault survivors and use the grant funds to—
“(A) establish qualified SANE training programs in localities with a high volume of forensic trauma cases, including adult and child sexual assault, domestic violence, elder abuse, sex trafficking, and strangulation cases;
“(B) increase the local and regional availability of full and part time sexual assault nurse examiners in a rural area, Tribal area, an area with a health professional shortage, or for an underserved population, including efforts to provide culturally competent services; or
“(C) establish or sustain sexual assault mobile teams or units or otherwise enhance SANE and SAFE access through telehealth.”
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (b), as added by subsection (c) of this section, the following:
“(c) Directive to the Attorney General.—
“(1) In general.—Not later than the beginning of fiscal year 2022, the Attorney General shall coordinate with the Secretary to inform health care facilities, including Federally qualified health centers and hospitals, colleges and universities, and other appropriate health-related entities about—
“(A) the availability of grant funding under this section; and
“(B) the role of sexual assault nurse examiners, both adult and pediatric, and available resources of the Department of Justice and the Department of Health and Human Services to train or employ sexual assault nurses examiners to address the needs of communities dealing with sexual assault, domestic violence, sex trafficking, elder abuse, strangulation, and, in particular, the need for pediatric SANEs, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents.
“(2) Requirement.—In carrying out paragraph (1), the Attorney General shall collaborate with nongovernmental organizations representing SANEs.
“(d) Public Information on Access to Sexual Assault Forensic Examinations.—
“(1) In general.—Not later than 2 years after the date of enactment of the Supporting Access to Nurse Exams Act, the Attorney General, in consultation with the Secretary, shall establish, and update annually, a public website on the access to forensic nurse examiners.
“(2) Contents.—The website required under paragraph (1) shall with specificity describe, by State—
“(A) funding opportunities for SANE training and continuing education; and
“(B) the availability of sexual assault advocates at locations providing sexual assault forensic exams.
“(3) Report to congress.—Not later than 4 years after the date of enactment of the Supporting Access to Nurse Exams Act, the Attorney General, in consultation with the Secretary, shall submit to the Committee on the Judiciary of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives a report on—
“(A) the availability of, and patient access to, trained SANEs and other providers who perform MFEs or sexual assault forensic examinations;
“(B) the health care facilities, including hospitals or clinics, that offer SANEs and sexual assault forensic examinations and whether each health care facility, including a hospital or clinic, has full-time, part-time, or on-call coverage;
“(C) regional, provider, or other barriers to access for SANE care and services, including MFEs and sexual assault forensic examinations;
“(D) State requirements, minimum standards, and protocols for training SANEs, including trauma-informed and culturally competent training standards;
“(E) State requirements, minimum standards, and protocols for training emergency services personnel involved in MFEs and sexual assault forensic examinations;
“(F) the availability of sexual assault nurse examiner training, frequency of when training is convened, the providers of such training, the State’s role in such training, and what process or procedures are in place for continuing education of such examiners;
“(G) the dedicated Federal and State funding to support SANE training;
“(H) funding opportunities for SANE training and continuing education;
“(I) the availability of sexual assault advocates at locations providing MFEs and sexual assault forensic exams; and
“(J) the total annual cost of conducting sexual assault forensic exams described in section 2010(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10449(b)).”
Authorization of Appropriations.— Subsection (e) of section 304 of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40723), as redesignated by subsection (d) of this section, is amended to read as follows:
“(e) Authorization of Appropriations.—There are authorized to be appropriated $30,000,000 for each of fiscal years 2023 through 2027 to carry out this section.”
TITLE XIV Cybercrime Enforcement
SEC. 1401. Local Law Enforcement Grants for Enforcement of Cybercrimes.
Definitions.— In this section:
Computer.— The term “computer” includes a computer network and an interactive electronic device.
Cybercrime against individuals.— The term “cybercrime against individuals”—
means a criminal offense applicable in the area under the jurisdiction of the relevant State, Indian Tribe, or unit of local government that involves the use of a computer to harass, threaten, stalk, extort, coerce, cause fear to, or intimidate an individual, or without consent distribute intimate images of an adult, except that use of a computer need not be an element of such an offense; and
does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person.
Indian tribe; state; tribal government; unit of local government.— The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), as amended by this Act.
Authorization of Grant Program.— Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
Application.—
In general.— To request a grant under this section, the chief executive officer of a State, Tribal government, or unit of local government shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for a fiscal year, in such form as the Attorney General may require.
Contents.— An application submitted under paragraph (1) shall include the following:
A certification that Federal funds made available under this section will not be used to supplant State, Tribal, or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
An assurance that, not later than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State, Tribe, or unit of local government (or to an organization designated by that governing body).
An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—
the application (or amendment) was made public; and
an opportunity to comment on the application (or amendment) was provided to citizens, to neighborhood or community-based organizations, and to victim service providers, to the extent applicable law or established procedure makes such an opportunity available;
An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.
A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—
the programs to be funded by the grant meet all the requirements of this section;
all the information contained in the application is correct;
there has been appropriate coordination with affected agencies; and
the applicant will comply with all provisions of this section and all other applicable Federal laws.
A certification that the State, Tribe, or in the case of a unit of local government, the State in which the unit of local government is located, has in effect criminal laws which prohibit cybercrimes against individuals.
A certification that any equipment described in subsection (d)(8) purchased using grant funds awarded under this section will be used primarily for investigations and forensic analysis of evidence in matters involving cybercrimes against individuals.
Use of Funds.— Grants awarded under this section may be used only for programs that provide—
training for State, Tribal, or local law enforcement personnel relating to cybercrimes against individuals, including—
training such personnel to identify and protect victims of cybercrimes against individuals, provided that the training is developed in collaboration with victim service providers;
training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
training such personnel to identify and investigate cybercrimes against individuals;
training such personnel to enforce and utilize the laws that prohibit cybercrimes against individuals;
training such personnel to utilize technology to assist in the investigation of cybercrimes against individuals and enforcement of laws that prohibit such crimes; and
the payment of overtime incurred as a result of such training;
training for State, Tribal, or local prosecutors, judges, and judicial personnel relating to cybercrimes against individuals, including—
training such personnel to identify, investigate, prosecute, or adjudicate cybercrimes against individuals;
training such personnel to utilize laws that prohibit cybercrimes against individuals;
training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals; and
training such personnel to utilize technology to assist in the prosecution or adjudication of acts of cybercrimes against individuals, including the use of technology to protect victims of such crimes;
training for State, Tribal, or local emergency dispatch personnel relating to cybercrimes against individuals, including—
training such personnel to identify and protect victims of cybercrimes against individuals;
training such personnel to utilize Federal, State, Tribal, local, and other resources to assist victims of cybercrimes against individuals;
training such personnel to utilize technology to assist in the identification of and response to cybercrimes against individuals; and
the payment of overtime incurred as a result of such training;
assistance to State, Tribal, or local law enforcement agencies in enforcing laws that prohibit cybercrimes against individuals, including expenses incurred in performing enforcement operations, such as overtime payments;
assistance to State, Tribal, or local law enforcement agencies in educating the public in order to prevent, deter, and identify violations of laws that prohibit cybercrimes against individuals;
assistance to State, Tribal, or local law enforcement agencies to support the placement of victim assistants to serve as liaisons between victims of cybercrimes against individuals and personnel of law enforcement agencies;
assistance to State, Tribal, or local law enforcement agencies to establish task forces that operate solely to conduct investigations, forensic analyses of evidence, and prosecutions in matters involving cybercrimes against individuals;
assistance to State, Tribal, or local law enforcement agencies and prosecutors in acquiring computers, computer equipment, and other equipment necessary to conduct investigations and forensic analysis of evidence in matters involving cybercrimes against individuals, including expenses incurred in the training, maintenance, or acquisition of technical updates necessary for the use of such equipment for the duration of a reasonable period of use of such equipment;
assistance in the facilitation and promotion of sharing, with State, Tribal, and local law enforcement agencies and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving laws that prohibit cybercrimes against individuals, including the use of multijurisdictional task forces; or
assistance to State, Tribal, and local law enforcement and prosecutors in processing interstate extradition requests for violations of laws involving cybercrimes against individuals, including expenses incurred in the extradition of an offender from one State to another.
Reports to the Attorney General.— On the date that is 1 year after the date on which a State, Indian Tribe, or unit of local government receives a grant under this section, and annually thereafter, the chief executive officer of the State, Tribal government, or unit of local government shall submit to the Attorney General a report which contains—
a summary of the activities carried out during the previous year with any grant received under this section by such State, Indian Tribe, or unit of local government;
an evaluation of the results of such activities; and
such other information as the Attorney General may reasonably require.
Reports to Congress.— Not later than November 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the reports submitted under subsection (e).
Authorization of Appropriations.—
In general.— There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.
Limitation.— Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses.
SEC. 1402. National Resource Center Grant.
Definitions.— In this section:
Cybercrime against individuals.— The term “cybercrime against individuals” has the meaning given such term in section 1401.
Eligible entity.— The term “eligible entity” means a nonprofit private organization that—
focuses on cybercrimes against individuals;
provides documentation to the Attorney General demonstrating experience working directly on issues of cybercrimes against individuals; and
includes on the organization’s advisory board representatives who—
have a documented history of working directly on issues of cybercrimes against individuals;
have a history of working directly with victims of cybercrimes against individuals; and
are geographically and culturally diverse.
Authorization of Grant Program.— Subject to the availability of appropriations, the Attorney General shall award a grant under this section to an eligible entity for the purpose of the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals to provide resource information, training, and technical assistance to improve the capacity of individuals, organizations, governmental entities, and communities to prevent, enforce, and prosecute cybercrimes against individuals.
Application.—
In general.— To request a grant under this section, an eligible entity shall submit an application to the Attorney General not later than 90 days after the date on which funds to carry out this section are appropriated for fiscal year 2022 in such form as the Attorney General may require.
Contents.— An application submitted under paragraph (1) shall include the following:
An assurance that, for each fiscal year covered by the application, the applicant will maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.
A certification, made in a form acceptable to the Attorney General, that—
the programs funded by the grant meet all the requirements of this section;
all the information contained in the application is correct; and
the applicant will comply with all provisions of this section and all other applicable Federal laws.
Use of Funds.— The eligible entity awarded a grant under this section shall use such amounts for the establishment and maintenance of a National Resource Center on Cybercrimes Against Individuals, which shall—
offer a comprehensive array of technical assistance and training resources to Federal, State, and local governmental agencies, community-based organizations, and other professionals and interested parties related to cybercrimes against individuals, including programs and research related to victims;
maintain a resource library which shall collect, prepare, analyze, and disseminate information and statistics related to—
the incidence of cybercrimes against individuals;
the enforcement and prosecution of laws relating to cybercrimes against individuals; and
the provision of supportive services and resources for victims, including victims from underserved populations, of cybercrimes against individuals; and
conduct research related to—
the causes of cybercrimes against individuals;
the effect of cybercrimes against individuals on victims of such crimes; and
model solutions to prevent or deter cybercrimes against individuals or to enforce the laws relating to cybercrimes against individuals.
Duration of Grant.—
In general.— A grant awarded under this section shall be awarded for a period of 5 years.
Renewal.— A grant under this section may be renewed for additional 5-year periods if the Attorney General determines that the funds made available to the recipient were used in a manner described in subsection (d), and if the recipient resubmits an application described in subsection (c) in such form, and at such time, as the Attorney General may reasonably require.
Subgrants.— The eligible entity awarded a grant under this section may make subgrants to other nonprofit private organizations with relevant subject matter expertise in order to establish and maintain the National Resource Center on Cybercrimes Against Individuals in accordance with subsection (d).
Reports to the Attorney General.— On the date that is 1 year after the date on which an eligible entity receives a grant under this section, and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report which contains—
a summary of the activities carried out under the grant program during the previous year;
an evaluation of the results of such activities; and
such other information as the Attorney General may reasonably require.
Reports to Congress.— Not later than November 1 of each even-numbered fiscal year, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in the reports submitted under subsection (g).
Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2023 through 2027.
SEC. 1403. National Strategy, Classification, and Reporting on Cybercrime.
Definitions.— In this section:
Computer.— The term “computer” includes a computer network and any interactive electronic device.
Cybercrime against individuals.— The term “cybercrime against individuals” has the meaning given the term in section 1401.
National Strategy.— The Attorney General shall develop a national strategy to—
reduce the incidence of cybercrimes against individuals;
coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies;
increase the number of Federal prosecutions of cybercrimes against individuals; and
develop an evaluation process that measures rates of cybercrime victimization and prosecutorial rates among Tribal and culturally specific communities.
Classification of Cybercrimes Against Individuals for Purposes of Crime Reports.— In accordance with the authority of the Attorney General under section 534 of title 28, United States Code, the Director of the Federal Bureau of Investigation shall—
design and create within the Uniform Crime Reports a category for offenses that constitute cybercrimes against individuals;
to the extent feasible, within the category established under paragraph (1), establish subcategories for each type of cybercrime against individuals that is an offense under Federal or State law;
classify the category established under paragraph (1) as a Part I crime in the Uniform Crime Reports; and
classify each type of cybercrime against individuals that is an offense under Federal or State law as a Group A offense for the purpose of the National Incident-Based Reporting System.
Annual Summary.— The Attorney General shall publish an annual summary of the information reported in the Uniform Crime Reports and the National Incident-Based Reporting System relating to cybercrimes against individuals, including an evaluation of the implementation process for the national strategy developed under subsection (b) and outcome measurements on its impact on Tribal and culturally specific communities.
TITLE XV Keeping Children Safe from Family Violence
SEC. 1501. Short Title.
This title may be cited as the “Keeping Children Safe From Family Violence Act” or “Kayden’s Law”.
SEC. 1502. Findings.
Congress finds the following:
Approximately 1 in 15 children is exposed to domestic violence each year.
Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.
More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data of the Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age.
Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience father-daughter incest than female children who do not have abusive fathers.
Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States.
Empirical research indicates that courts regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than ¼ of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother “alienated” the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indicates that child sexual abuse allegations are credible between 50 and 70 percent of the time.
Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately ⅓ of parents alleged to have committed child abuse took primary custody from the protective parent reporting the abuse, placing children at ongoing risk.
Researchers have documented nearly 800 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver.
Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of alleged abuse, relying instead on unsound and unproven theories.
Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training.
SEC. 1503. Purposes.
The purposes of this title are to—
increase the priority given to child safety in any State court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings;
strengthen the abilities of courts to—
recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence; and
enter orders that protect and minimize the risk of harm to children; and
ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse.
SEC. 1504. Increased Funding for Stop Grants.
Section 2007 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10446) is amended by adding at the end the following:
“(k) Grant Increases for States With Certain Child Custody Proceeding Laws and Standards.—
“(1) Definitions.—In this subsection:
“(A) Child custody proceeding.—The term ‘child custody proceeding’—
“(i) means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and
“(ii) does not include—
“(I) any child protective, abuse, or neglect proceeding;
“(II) a juvenile justice proceeding; or
“(III) any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to the proceeding.
“(B) Eligible state.—The term ‘eligible State’ means a State that—
“(i) receives a grant under subsection (a); and
“(ii) has in effect—
“(I) each law described in paragraph (3);
“(II) the standards described in paragraph (4); and
“(III) the training program described in paragraph (5).
“(C) Reunification treatment.—The term ‘reunification treatment’ means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child.
“(2) Increase.—
“(A) In general.—The Attorney General shall increase the amount of a grant awarded under subsection (a) to an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection (a) under the 3 most recent awards to the State.
“(B) Term of increase.—An increase of a grant under subparagraph (A) shall be for 1 fiscal year.
“(C) Renewal.—An eligible State that receives an increase under subparagraph (A) may submit an application for renewal of the increase at such time, in such manner, and containing such information as the Attorney General may reasonably require.
“(D) Limit.—An eligible State may not receive an increase under subparagraph (A) for more than 4 fiscal years.
“(3) Laws.—The laws described in this paragraph are the following:
“(A) A law that ensures that, with respect to a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse—
“(i) expert evidence from a court-appointed or outside professional relating to the alleged abuse may be admitted only if the professional possesses demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature; and
“(ii) in making a finding regarding any allegation of domestic violence or child abuse, including child sexual abuse, in addition to any other relevant admissible evidence, evidence of past sexual or physical abuse committed by the accused parent shall be considered, including—
“(I) any past or current protection or restraining orders against the accused parent;
“(II) sexual violence abuse protection orders against the accused parent;
“(III) arrests of the accused parent for domestic violence, sexual violence, or child abuse; or
“(IV) convictions of the accused parent for domestic violence, sexual violence, or child abuse.
“(B) A law that ensures that, during a child custody proceeding—
“(i) a court may not, solely in order to improve a deficient relationship with the other parent of a child, remove the child from a parent or litigating party—
“(I) who is competent, protective, and not physically or sexually abusive; and
“(II) with whom the child is bonded or to whom the child is attached;
“(ii) a court may not, solely in order to improve a deficient relationship with the other parent of a child, restrict contact between the child and a parent or litigating party—
“(I) who is competent, protective, and not physically or sexually abusive; and
“(II) with whom the child is bonded or to whom the child is attached;
“(iii) a court may not order a reunification treatment, unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification treatment;
“(iv) a court may not order a reunification treatment that is predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached; and
“(v) any order to remediate the resistance of a child to have contact with a violent or abusive parent primarily addresses the behavior of that parent or the contributions of that parent to the resistance of the child before ordering the other parent of the child to take steps to potentially improve the relationship of the child with the parent with whom the child resists contact.
“(C) A law that requires judges and magistrates who hear child custody proceedings and other relevant court personnel involved in child custody proceedings, including guardians ad litem, best interest attorneys, counsel for children, custody evaluators, masters, and mediators to complete, with respect to the training program described in paragraph (5)—
“(i) not less than 20 hours of initial training; and
“(ii) not less than 15 hours of ongoing training every 5 years.
“(4) Uniform required standards.—The standards described in this paragraph are uniform required standards that—
“(A) apply to any neutral professional appointed by a court during a child custody proceeding to express an opinion relating to abuse, trauma, or the behaviors of victims and perpetrators of abuse and trauma; and
“(B) require that a professional described in subparagraph (A) possess demonstrated expertise and clinical experience in working with victims of domestic violence or child abuse, including child sexual abuse, that is not solely of a forensic nature.
“(5) Training and education program.—The training program described in this paragraph is an ongoing training and education program that—
“(A) focuses solely on domestic and sexual violence and child abuse, including—
“(i) child sexual abuse;
“(ii) physical abuse;
“(iii) emotional abuse;
“(iv) coercive control;
“(v) implicit and explicit bias, including biases relating to parents with disabilities;
“(vi) trauma;
“(vii) long- and short-term impacts of domestic violence and child abuse on children; and
“(viii) victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
“(B) is provided by—
“(i) a professional with substantial experience in assisting survivors of domestic violence or child abuse, including a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)); and
“(ii) if possible, a survivor of domestic violence or child physical or sexual abuse;
“(C) relies on evidence-based and peer-reviewed research by recognized experts in the types of abuse described in subparagraph (A);
“(D) does not include theories, concepts, or belief systems unsupported by the research described in subparagraph (C); and
“(E) is designed to improve the ability of courts to—
“(i) recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in all family victims, particularly children; and
“(ii) make appropriate custody decisions that—
“(I) prioritize child safety and well-being; and
“(II) are culturally sensitive and appropriate for diverse communities.
“(6) Application.—
“(A) In general.—An eligible State desiring a grant increase under this subsection 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.
“(B) Contents.—An application submitted by an eligible State under subparagraph (A) shall include information relating to—
“(i) the laws described paragraph (3);
“(ii) the standards described in paragraph (4); and
“(iii) the training program described in paragraph (5).
“(7) Use of funds.—An eligible State that receives a grant increase under paragraph (2)(A) shall use the total amount of the increase for the purposes described in subparagraph (C) or (D) of subsection (c)(4).
“(8) Rule of construction.—Nothing in this subsection shall be interpreted as discouraging States from adopting additional provisions to increase safe outcomes for children. Additional protective provisions are encouraged.
“(9) Authorization of appropriations.—There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2023 through 2027.”
SEC. 1505. Sexual Assault Survivors’ Rights.
Section 3772(a)(2) of title 18, United States Code, is amended—
in subparagraph (B), by striking “ ; and” and inserting a semicolon;
in subparagraph (C), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following new subparagraph:
“(D) be informed of the status and location of a sexual assault evidence collection kit.”
SEC. 1506. Grants to State and Tribal Courts to Implement Protection Order Pilot Programs.
Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended—
by redesignating sections 2103, 2104, and 2105 as sections 2104, 2105, and 2106, respectively; and
by inserting after section 2102 the following:
“SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT PROTECTION ORDER PILOT PROGRAMS.
“(a) Definition of Eligible Entity.—In this section, the term ‘eligible entity’ means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—
“(1) a State, Tribal, or local law enforcement agency;
“(2) a State, Tribal, or local prosecutor’s office;
“(3) a victim service provider or State or Tribal domestic violence coalition;
“(4) a provider of culturally specific services;
“(5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;
“(6) the bar association of the applicable State or Indian Tribe;
“(7) the State or Tribal association of court clerks;
“(8) a State, Tribal, or local association of criminal defense attorneys;
“(9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;
“(10) not fewer than 2 State or Tribal court judges with experience in—
“(A) the field of domestic violence; and
“(B) issuing protective orders; and
“(11) a judge assigned to the criminal docket of the State or Tribal court.
“(b) Grants Authorized.—
“(1) In general.—The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
“(2) Number.—The Attorney General may award not more than 10 grants under paragraph (1).
“(3) Amount.—The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.
“(c) Mandatory Activities.—
“(1) In general.—An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
“(A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
“(i) modernize the service process and make the process more effective and efficient;
“(ii) provide for improved safety of victims; and
“(iii) make protection orders enforceable as quickly as possible;
“(B) develop best practices relating to the service of protection orders through electronic communication methods;
“(C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and
“(D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
“(2) Timeline.—An eligible entity that receives a grant under this section shall—
“(A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and
“(B) carry out the program required under paragraph (1)(A) for not fewer than 3 years.
“(d) Diversity of Recipients.—The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—
“(1) a State court that serves a population of not fewer than 1,000,000 individuals;
“(2) a State court that—
“(A) serves a State that is among the 7 States with the lowest population density in the United States; and
“(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
“(3) a State court that—
“(A) serves a State that is among the 7 States with the highest population density in the United States; and
“(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
“(4) a court that uses an integrated, statewide case management system;
“(5) a court that uses a standalone case management system;
“(6) a Tribal court; and
“(7) a court that primarily serves a culturally specific and underserved population.
“(e) Application.—
“(1) In general.—An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
“(A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;
“(B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—
“(i) successful service; and
“(ii) enforcement;
“(C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and
“(D) any other information the Attorney General may reasonably require.
“(2) No other application required.—An eligible entity shall not be required to submit an application under section 2102 to receive a grant under this section.
“(f) Report to Attorney General.—
“(1) Initial report.—Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).
“(2) Subsequent reports.—
“(A) In general.—Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
“(i) the viability;
“(ii) the cost;
“(iii) service statistics;
“(iv) the challenges;
“(v) an analysis of the technology used to fulfill the goals of the program;
“(vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and
“(vii) best practices for implementing such a program in other similarly situated locations.
“(B) Contents of final report.—An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—
“(i) future nationwide implementation of the program implemented by the eligible entity; and
“(ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.
“(g) No Regulations or Guidelines Required.—Notwithstanding section 2105, the Attorney General shall not be required to publish regulations or guidelines implementing this section.
“(h) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.”
SEC. 1507. Online Survey Tool for Campus Safety.
In General.— The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, the Secretary of Health and Human Services, and experts in domestic violence, dating violence, sexual assault, sexual harassment, and stalking, shall develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding postsecondary student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
Development of Survey Tool.— In developing the survey tool required under subsection (a), the Secretary of Education shall—
use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
consult with the higher education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including victims from culturally specific populations and victims with disabilities, regarding the development and design of such survey tool and the methodology for administration of such survey tool; and
ensure that the survey tool is readily accessible to and usable by individuals with disabilities.
Elements.—
In general.— The survey tool developed pursuant to this section shall be fair and unbiased, be scientifically valid and reliable, meet the highest standards of survey research, and notify the participant that anonymized results of the survey may be published.
Survey questions.— Survey questions included in the survey tool developed pursuant to this section shall—
be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents;
use trauma-informed language to prevent re-traumatization; and
include—
questions that give students the option to report their demographic information;
questions designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
questions regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
questions designed to determine, if victims reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking—
to whom the incident was reported and what response the victim may have received;
whether the victim was informed of, or referred to, national, State, local, Tribal, or on-campus resources; and
whether the entity to whom the victim reported the incident conducted an investigation and the duration and final resolution of such an investigation;
questions regarding contextual factors, such as whether force, incapacitation, or coercion was involved;
questions to determine whether an accused individual was a student at the institution;
questions to determine whether a victim reported an incident to Federal, State, local, Tribal, or campus law enforcement;
questions to determine why the victim chose to report or not report an incident to the institution or State, local, or campus law enforcement;
questions to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (such as costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, loss of foreign-student visas, and costs associated with counseling, medical services, or housing changes);
questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;
questions to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander to sex-based (including against lesbian, gay, bisexual, or transgender (commonly referred to as “LGBT”) individuals), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and
other questions, as determined by the Secretary of Education.
Additional elements.— In addition to the standardized questions developed by the Secretary of Education under paragraph (2), subject to the review and approval of the Secretary of Education, an institution of higher education may request additional information from students that would increase the understanding of the institution of school climate factors unique to the campuses affiliated with the institution.
Responses.— The responses to the survey questions described in paragraph (2) shall—
be submitted confidentially;
not be included in crime statistics; and
in the case of such responses being included in a report, not include personally identifiable information.
Administration of Survey.—
Federal administration.— The Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and the Secretary of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with respect to the survey tool developed pursuant to this section—
administer such survey tool; and
modify such survey tool to include additional elements or requirements, as determined by the institution, subject to the review and approval of the Secretary of Education.
Costs.— The Secretary of Education may not require an institution of higher education to pay to modify the survey tool in accordance with paragraph (1)(B).
Accessibility.— The Secretary of Education shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities.
Institutional administration.— Beginning not later than 1 year after the date on which the Secretary of Education makes available to institutions the mechanism described in paragraph (1), and every 2 years thereafter, each institution of higher education that receives Federal educational assistance shall administer the survey tool developed pursuant to this section.
Completed Surveys.— The Secretary of Education shall require each institution of higher education that administers the survey tool developed pursuant to this section to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey tool developed pursuant to this section.
Report.—
In general.— Beginning not later than 2 years after the date of enactment of this Act, the Secretary of Education shall—
prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible format on the website of the Department of Education, including as part of any online consumer tool offered or supported by the Department of Education that provides information to students regarding specific postsecondary educational institutions, such as the College Scorecard or any successor or similar tool; and
submit such report to Congress.
Inclusions and exclusions.— The report required to be prepared under paragraph (1)—
shall include campus-level data for each institution and attributed by name of each campus in a manner that permits comparisons across institutions and campuses; and
shall not publish any individual survey responses.
Publication.— Each institution of higher education shall publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities—
the campus-level results of the standardized elements of the survey under this section on the website of the institution and in the biennial report required under subsection (f) for the campuses affiliated with the institution; and
the campus-level results of the additional elements modifying the survey by the institution, if any, on the website of the institution.
SEC. 1508. Study on Child Custody in Domestic Violence Cases.
The Attorney General, in consultation with the Secretary of Health and Human Services, shall conduct a study that shall—
provide a review of State laws, regulations, and practices on how child neglect and custody situations are handled in domestic violence situations; and
include a list of recommendations on how to restructure State laws, regulations, and practices to better protect victims of domestic violence and their children.