Violence Against Women Act Reauthorization Act of 2021

IIB 117TH CONGRESS 2D SESSION H. R. 1620 IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Received MAY 24, 2022 Read twice and referred to the Committee on the Judiciary AN ACT To reauthorize the Violence Against Women Act of 1994, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1620 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Violence Against Women Act Reauthorization Act of 3 2021’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title; table of contents. Sec. 2. Universal definitions and grant conditions. Sec. 3. Agency and Department Coordination. Sec. 4. Effective date. Sec. 5. Availability of funds. Sec. 6. Sense of Congress. Sec. 7. Inclusion of disparate impact in studies. TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec. 101. Stop grants. Sec. 102. Grants to encourage improvements and alternatives to the criminal justice response. Sec. 103. Legal assistance for victims. Sec. 104. Grants to support families in the justice system. Sec. 105. Outreach and services to underserved populations grants. Sec. 106. Criminal provisions. Sec. 107. Rape survivor child custody. Sec. 108. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 109. Grants for lethality assessment programs authorization. TITLE II—IMPROVING SERVICES FOR VICTIMS Sec. 201. Sexual assault services program. Sec. 202. Sexual Assault Services Program. Sec. 203. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program. Sec. 204. Grants for training and services to end violence against people with disabilities and Deaf people. Sec. 205. Training and services to end abuse in later life. Sec. 206. Demonstration program on trauma-informed, victim-centered training for law enforcement. Sec. 207. Authorization of the FAST Initiative. Sec. 208. Lesbian, Gay, Bisexual, and Transgender Specific Services Program. TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS Sec. 301. Rape prevention and education grant. Sec. 302. Creating hope through outreach, options, services, and education (CHOOSE) for children and youth. Sec. 303. Grants to combat violent crimes on campuses. VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1620 RFS TITLE IV—VIOLENCE REDUCTION PRACTICES Sec. 401. Study conducted by the Centers for Disease Control and Prevention. Sec. 402. Saving Money and Reducing Tragedies (SMART) through Prevention grants. TITLE V—STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE Sec. 501. Grants to strengthen the healthcare systems response to domestic vio- lence, dating violence, sexual assault, and stalking. Sec. 502. Maternal mortality or morbidity study. TITLE VI—SAFE HOMES FOR VICTIMS Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 602. Ensuring compliance and implementation; prohibiting retaliation against victims. Sec. 603. Protecting the right to report crime from one’s home. Sec. 604. Transitional housing assistance grants for victims of domestic vio- lence, dating violence, sexual assault, or stalking. Sec. 605. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 606. United States Housing Act of 1937 amendments. TITLE VII—ECONOMIC SECURITY FOR VICTIMS Sec. 701. Findings. Sec. 702. National Resource Center on workplace responses to assist victims of domestic and sexual violence. Sec. 703. Provisions related to Unemployment Compensation and the Tem- porary Assistance for Needy Families Program. Sec. 704. Study and reports on barriers to survivors’ economic security access. Sec. 705. GAO Study. Sec. 706. Education and information programs for survivors. Sec. 707. Severability. Sec. 708. Study on costs of divorce in domestic violence cases. TITLE VIII—HOMICIDE REDUCTION INITIATIVES Sec. 801. Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders. Sec. 802. Prohibiting stalkers and individuals subject to court order from pos- sessing a firearm. TITLE IX—SAFETY FOR INDIAN WOMEN Sec. 901. Findings and purposes. Sec. 902. Authorizing funding for the Tribal access program. Sec. 903. Tribal jurisdiction over covered crimes of domestic violence, dating vi- olence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or correc- tions officer. TITLE X—OFFICE ON VIOLENCE AGAINST WOMEN Sec. 1001. Establishment of Office on Violence Against Women. VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 4 HR 1620 RFS Sec. 1002. Office on Violence Against Women a Deputy Director for Culturally Specific Communities. TITLE XI—IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY Sec. 1101. Improving the treatment of primary caretaker parents and other in- dividuals in federal prisons. Sec. 1102. Public health and safety of women. Sec. 1103. Research and report on women in federal incarceration. Sec. 1104. Reentry planning and services for incarcerated women. TITLE XII—LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY Sec. 1201. Notification to law enforcement agencies of prohibited purchase or attempted purchase of a firearm. Sec. 1202. Reporting of background check denials to state, local, and Tribal au- thorities. Sec. 1203. Special assistant U.S. attorneys and cross-deputized attorneys. Sec. 1204. Review on Native American interactions with law enforcement. TITLE XIII—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE Sec. 1301. Short title. Sec. 1302. Prohibition on engaging in sexual acts while acting under color of law. Sec. 1303. Incentives for States. Sec. 1304. Reports to Congress. Sec. 1305. Definition. TITLE XIV—OTHER MATTERS Sec. 1401. National stalker and domestic violence reduction. Sec. 1402. Federal victim assistants reauthorization. Sec. 1403. Child abuse training programs for judicial personnel and practi- tioners reauthorization. Sec. 1404. Sex offender management. Sec. 1405. Court-appointed special advocate program. Sec. 1406. Sexual assault forensic exam program grants. Sec. 1406A. Strategies to improve coordination of sexual assault forensic nurse exam training and program sustainability. Sec. 1407. Review on link between substance use and victims of domestic vio- lence dating violence, sexual assault, or stalking. Sec. 1408. Interagency working group to study Federal efforts to collect data on sexual violence. Sec. 1409. National Domestic Violence Hotline. Sec. 1410. Deputy Assistant Attorney General on Culturally Specific Commu- nities within the Office of Justice Programs. Sec. 1411. National resource center on workplace responses to assist victims of domestic and sexual violence assistance for microbusinesses. Sec. 1412. Civil action relating to disclosure of intimate images. Sec. 1413. Certain activities relating to intimate visual depictions. Sec. 1414. Task force on sexual violence in education. Sec. 1415. Survivors’ bill of rights. Sec. 1416. Report on sexual assault response teams at hospitals. VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 5 HR 1620 RFS TITLE XV—CYBERCRIME ENFORCEMENT Sec. 1501. Local law enforcement grants for enforcement of cybercrimes. Sec. 1502. National Resource Center Grant. Sec. 1503. National strategy, classification, and reporting on cybercrime. TITLE XVI—KEEPING CHILDREN SAFE FROM FAMILY VIOLENCE Sec. 1601. Short title. Sec. 1602. Findings. Sec. 1603. Purposes. Sec. 1604. Definition of covered formula grant. Sec. 1605. Increased funding for formula grants authorized. Sec. 1606. Application. Sec. 1607. Rule of construction. Sec. 1608. Grant term. Sec. 1609. Uses of funds. Sec. 1610. Authorization of appropriations. Sec. 1611. Sexual assault survivors’ rights. Sec. 1612. Grants to State and Tribal courts to implement protection order pilot programs. Sec. 1613. Online survey tool for campus safety. Sec. 1614. Study on child custody in domestic violence cases. TITLE XVII—PROTECTIONS FOR CERTAIN IMMIGRANT WOMEN Sec. 1701. Pilot program to provide additional protections. SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS. 1 Section 40002 of the Violence Against Women Act 2 of 1994 (34 U.S.C. 12291) is amended— 3 (1) in subsection (a)— 4 (A) by striking ‘‘In this title’’ and insert- 5 ing ‘‘In this title, and for the purpose of all 6 grants authorized under this title’’; 7 (B) by striking paragraph (5) and insert- 8 ing the following new paragraph: 9 ‘‘(5) COURT-BASED AND COURT-RELATED PER- 10 SONNEL.—The terms ‘court-based personnel’ and 11 ‘court-related personnel’ mean persons working in 12 the court, whether paid or volunteer, including— 13 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 6 HR 1620 RFS ‘‘(A) clerks, special masters, domestic rela- 1 tions officers, administrators, mediators, cus- 2 tody evaluators, guardians ad litem, lawyers, 3 negotiators, probation, parole, interpreters, vic- 4 tim assistants, victim advocates, and judicial, 5 administrative, or any other professionals or 6 personnel similarly involved in the legal process; 7 ‘‘(B) court security personnel; 8 ‘‘(C) personnel working in related, supple- 9 mentary offices or programs (such as child sup- 10 port enforcement); and 11 ‘‘(D) any other court-based or community- 12 based personnel having responsibilities or au- 13 thority to address domestic violence, dating vio- 14 lence, sexual assault, or stalking in the court 15 system.’’; 16 (C) by striking paragraph (8) and insert- 17 ing the following new paragraph: 18 ‘‘(8) DOMESTIC VIOLENCE.—The term ‘domes- 19 tic violence’ means a pattern of behavior involving 20 the use or attempted use of physical, sexual, verbal, 21 psychological, economic, or technological abuse or 22 any other coercive behavior committed, enabled, or 23 solicited to gain or maintain power and control over 24 a victim, by a person who— 25 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 7 HR 1620 RFS ‘‘(A) is a current or former spouse or dat- 1 ing partner of the victim, or other person simi- 2 larly situated to a spouse of the victim; 3 ‘‘(B) is cohabitating with or has 4 cohabitated with the victim as a spouse or dat- 5 ing partner; 6 ‘‘(C) shares a child in common with the 7 victim; 8 ‘‘(D) is an adult family member of, or paid 9 or nonpaid caregiver in an ongoing relationship 10 of trust with, a victim aged 50 or older or an 11 adult victim with disabilities; or 12 ‘‘(E) commits acts against a youth or adult 13 victim who is protected from those acts under 14 the family or domestic violence laws of the ju- 15 risdiction.’’; 16 (D) in paragraph (9)— 17 (i) by striking ‘‘consideration of’’ and 18 inserting ‘‘consideration of one or more of 19 the following factors’’; 20 (ii) in subparagraph (B), by striking 21 ‘‘; and’’ and inserting a semicolon; 22 (iii) in subparagraph (C), by striking 23 the period at the end and inserting ‘‘; or’’; 24 and 25 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 8 HR 1620 RFS (iv) by inserting the following new 1 subparagraph: 2 ‘‘(D) the cultural context of the relation- 3 ship.’’; 4 (E) in the matter following paragraph (9), 5 by inserting the following: 6 ‘‘Sexual contact is not a necessary component of 7 such a relationship.’’; 8 (F) in paragraph (10)— 9 (i) by striking ‘‘person—’’ and insert- 10 ing ‘‘dating partner.’’; and 11 (ii) by striking subparagraphs (A) and 12 (B); 13 (G) by striking paragraphs (11) and (12); 14 (H) by striking paragraph (19) and insert- 15 ing the following new paragraph: 16 ‘‘(19) LEGAL ASSISTANCE.— 17 ‘‘(A) The term ‘legal assistance’ means as- 18 sistance provided by or under the direct super- 19 vision of a person described in subparagraph 20 (B) to a person described in subparagraph (C) 21 relating to a matter described in subparagraph 22 (D). 23 ‘‘(B) A person described in this subpara- 24 graph is— 25 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 9 HR 1620 RFS ‘‘(i) a licensed attorney; 1 ‘‘(ii) in the case of an immigration 2 proceeding, a Board of Immigration Ap- 3 peals accredited representative; 4 ‘‘(iii) in the case of legal services pro- 5 vided at a facility operated by the Depart- 6 ment of Veterans Affairs, a representative 7 authorized by the Secretary who is pro- 8 viding legal services in connection with 9 medical services, and other unmet legal 10 needs, such as issues related to child cus- 11 tody, elder law, and landlord-tenant dis- 12 putes; or 13 ‘‘(iv) any person who functions as an 14 attorney or lay advocate in a Tribal court. 15 ‘‘(C) A person described in this subpara- 16 graph is an adult or youth victim of domestic 17 violence, dating violence, sexual assault, or 18 stalking. 19 ‘‘(D) A matter described in this subpara- 20 graph is a matter related to— 21 ‘‘(i) divorce, parental rights, child 22 support, Tribal, territorial, immigration, 23 employment, administrative agency, hous- 24 ing, campus, education, healthcare, pri- 25 VerDate Sep 11 2014 02:23 May 25, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1620.RFS H1620 kjohnson on DSK79L0C42PROD with BILLS 10 HR 1620 RFS vacy, contract, consumer, civil rights, pro- 1 tection or order or other injunctive pro- 2 ceedings, related enforcement proceedings, 3 and other similar matters; 4 ‘‘(ii) criminal justice investigations, 5 prosecutions and post-conviction matters 6 (including sentencing, parole, probation, 7 and vacatur or expungement) that impact 8 the victim’s safety, privacy, or other inter- 9 ests as a victim; or 10 ‘‘(iii) alternative dispute resolution, 11 restorative practices, or other processes in- 12 tende [Text truncated for display. Full text available on Congress.gov.]