Family Violence Prevention and Services Improvement Act of 2021

II Calendar No. 156 117TH CONGRESS 1ST SESSION H. R. 2119 IN THE SENATE OF THE UNITED STATES OCTOBER 27, 2021 Received; read twice and placed on the calendar AN ACT To amend the Family Violence Prevention and Services Act to make improvements. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; REFERENCES; SEVERABILITY. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Family Violence Prevention and Services Improvement 5 Act of 2021’’. 6 (b) REFERENCES.—Except as otherwise specified, 7 amendments made by this Act to a section or other provi- 8 sion of law are amendments to such section or other provi- 9 sion of the Family Violence Prevention and Services Act 10 (42 U.S.C. 10401 et seq.). 11 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 2119 PCS (c) SEVERABILITY.—If any provision of this Act, an 1 amendment made by this Act, or the application of such 2 provision or amendment to any person or circumstance is 3 held to be unconstitutional, the remainder of this Act, the 4 amendments made by this Act, and the application of such 5 provision or amendment to any person or circumstance 6 shall not be affected thereby. 7 SEC. 2. PURPOSE. 8 Subsection (b) of section 301 (42 U.S.C. 10401) is 9 amended to read as follows: 10 ‘‘(b) PURPOSE.—It is the purpose of this title to im- 11 prove services and interventions for victims of domestic 12 violence, dating violence, and family violence, and to ad- 13 vance primary and secondary prevention of domestic vio- 14 lence, dating violence, and family violence by— 15 ‘‘(1) assisting States and territories in sup- 16 porting local domestic violence, dating violence, and 17 family violence programs to provide accessible, trau- 18 ma-informed, culturally relevant residential and non- 19 residential services to domestic violence, dating vio- 20 lence, and family violence victims and their children 21 and dependents; 22 ‘‘(2) strengthening the capacity of Indian 23 Tribes to exercise their sovereign authority to re- 24 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 2119 PCS spond to domestic violence, dating violence, and fam- 1 ily violence committed against Indians; 2 ‘‘(3) providing for a network of technical assist- 3 ance and training centers to support effective policy, 4 practice, research, and cross-system collaboration to 5 improve intervention and prevention efforts through- 6 out the country; 7 ‘‘(4) supporting the efforts of State, territorial, 8 and Tribal coalitions to document and address the 9 needs of victims and their children and dependents, 10 including victims and their children and dependents 11 who are underserved, implement effective coordi- 12 nated community and systems responses, and pro- 13 mote ongoing public education and community en- 14 gagement; 15 ‘‘(5) maintaining national domestic violence, 16 dating violence, and family violence hotlines, includ- 17 ing a national Indian domestic violence, dating vio- 18 lence, and family violence hotline; and 19 ‘‘(6) supporting the development and implemen- 20 tation of evidence-informed, coalition-led, and com- 21 munity-based primary prevention approaches and 22 programs.’’. 23 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 2119 PCS SEC. 3. DEFINITIONS. 1 Section 302 (42 U.S.C. 10402) is amended to read 2 as follows: 3 ‘‘SEC. 302. DEFINITIONS. 4 ‘‘In this title: 5 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na- 6 tive’ has the meaning given the term Native in sec- 7 tion 3 of the Alaska Native Claims Settlement Act 8 (43 U.S.C. 1602). 9 ‘‘(2) CHILD.—The term ‘child’ means an indi- 10 vidual who is younger than age 18. 11 ‘‘(3) DATING PARTNER.— 12 ‘‘(A) IN GENERAL.—The term ‘dating 13 partner’ means any person who is or has been 14 in a social relationship of a romantic or inti- 15 mate nature with an abuser, and where the ex- 16 istence of such a relationship shall be deter- 17 mined based on a consideration of one or more 18 of the following factors: 19 ‘‘(i) The length of the relationship. 20 ‘‘(ii) The type of the relationship. 21 ‘‘(iii) The frequency of interaction be- 22 tween the persons involved in the relation- 23 ship. 24 ‘‘(iv) The cultural context of the rela- 25 tionship. 26 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 2119 PCS ‘‘(B) CONSTRUCTION.—Sexual contact is 1 not a necessary component of a relationship de- 2 scribed in subparagraph (A). 3 ‘‘(4) DIGITAL SERVICES.—The term ‘digital 4 services’ means services, resources, information, sup- 5 port, or referrals provided through electronic com- 6 munications platforms and media, which may in- 7 clude mobile phone technology, video technology, 8 computer technology (including use of the internet), 9 and any other emerging communications tech- 10 nologies that are appropriate for the purposes of 11 providing services, resources, information, support, 12 or referrals for the benefit of victims of domestic vio- 13 lence, dating violence, and family violence. 14 ‘‘(5) DOMESTIC VIOLENCE, DATING VIOLENCE, 15 FAMILY VIOLENCE.—The terms ‘domestic violence’, 16 ‘dating violence’, and ‘family violence’ mean any act, 17 threatened act, or pattern of acts of physical or sex- 18 ual violence, stalking, harassment, psychological 19 abuse, economic abuse, technological abuse, or any 20 other form of abuse, including threatening to com- 21 mit harm against children or dependents or other 22 members of the household of the recipient of the 23 threat for the purpose of coercion, threatening, or 24 causing harm, directed against— 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 2119 PCS ‘‘(A) a dating partner or other person 1 similarly situated to a dating partner under the 2 laws of the jurisdiction; 3 ‘‘(B) a person who is cohabitating with or 4 has cohabitated with the person committing 5 such an act; 6 ‘‘(C) a current or former spouse or other 7 person similarly situated to a spouse under the 8 laws of the jurisdiction; 9 ‘‘(D) a person who shares a child or de- 10 pendent in common with the person committing 11 such an act; 12 ‘‘(E) a person who is related by marriage, 13 blood, or is otherwise legally related; or 14 ‘‘(F) any other person who is protected 15 from any such act under the domestic or family 16 violence laws, policies, or regulations of the ju- 17 risdiction. 18 ‘‘(6) ECONOMIC ABUSE.—The term ‘economic 19 abuse’, when used in the context of domestic vio- 20 lence, dating violence, and family violence, means be- 21 havior that is coercive or deceptive related to a per- 22 son’s ability to acquire, use, or maintain economic 23 resources to which they are entitled, or that unrea- 24 sonably controls or restrains a person’s ability to ac- 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 2119 PCS quire, use, or maintain economic resources to which 1 they are entitled. This includes using coercion, 2 fraud, or manipulation to— 3 ‘‘(A) restrict a person’s access to money, 4 assets, credit, or financial information; 5 ‘‘(B) unfairly use a person’s personal eco- 6 nomic resources, including money, assets, and 7 credit, for one’s own advantage; or 8 ‘‘(C) exert undue influence over a person’s 9 financial and economic behavior or decisions, 10 including forcing default on joint or other fi- 11 nancial obligations, exploiting powers of attor- 12 ney, guardianship, or conservatorship, or failing 13 or neglecting to act in the best interests of a 14 person to whom one has a fiduciary duty. 15 ‘‘(7) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- 16 TION.—The terms ‘Indian’, ‘Indian Tribe’, and 17 ‘Tribal organization’ have the meanings given the 18 terms ‘Indian’, ‘Indian tribe’, and ‘tribal organiza- 19 tion’, respectively, in section 4 of the Indian Self-De- 20 termination and Education Assistance Act (25 21 U.S.C. 5304). 22 ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— 23 The term ‘institution of higher education’ has the 24 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 2119 PCS meaning given such term in section 101 of the High- 1 er Education Act of 1965 (20 U.S.C. 1001). 2 ‘‘(9) NATIVE HAWAIIAN; NATIVE HAWAIIAN OR- 3 GANIZATION.—The terms ‘Native Hawaiian’ and 4 ‘Native Hawaiian organization’ have the meanings 5 given such terms in section 6207 of the Native Ha- 6 waiian Education Act (20 U.S.C. 7517). 7 ‘‘(10) PERSONALLY IDENTIFYING INFORMA- 8 TION.—The term ‘personally identifying information’ 9 has the meaning given the term in section 40002(a) 10 of the Violence Against Women Act of 1994 (34 11 U.S.C. 12291(a)). 12 ‘‘(11) POPULATION SPECIFIC SERVICES.—The 13 term ‘population specific services’ has the meaning 14 given such term in section 40002(a) of the Violence 15 Against Women Act (34 U.S.C. 12291(a)). 16 ‘‘(12) RACIAL AND ETHNIC MINORITY GROUP; 17 RACIAL AND ETHNIC MINORITY POPULATION.—The 18 terms ‘racial and ethnic minority group’ and ‘racial 19 and ethnic minority population’ include each group 20 listed in the definition of such term in section 21 1707(g) of the Public Health Service Act (42 U.S.C. 22 300u–6(g)). 23 ‘‘(13) SECRETARY.—The term ‘Secretary’ 24 means the Secretary of Health and Human Services. 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 2119 PCS ‘‘(14) SHELTER.—The term ‘shelter’ means the 1 provision of temporary refuge and basic necessities, 2 in conjunction with supportive services, provided on 3 a regular basis, in compliance with applicable State, 4 Tribal, territorial, or local law to victims of domestic 5 violence, dating violence, or family violence and their 6 children and dependents. Such law includes regula- 7 tions governing the provision of safe homes and 8 other forms of secure temporary lodging, meals, 9 other basic necessities, or supportive services to vic- 10 tims of domestic violence, dating violence, or family 11 violence and their children and dependents. 12 ‘‘(15) STATE.—The term ‘State’ means each of 13 the several States, the District of Columbia, the 14 Commonwealth of Puerto Rico, and, except as other- 15 wise provided, Guam, American Samoa, the United 16 States Virgin Islands, and the Commonwealth of the 17 Northern Mariana Islands. 18 ‘‘(16) STATE DOMESTIC VIOLENCE COALI- 19 TION.—The term ‘State Domestic Violence Coalition’ 20 means a statewide nongovernmental nonprofit pri- 21 vate domestic violence, dating violence, and family 22 organization designated by the Secretary that— 23 ‘‘(A) has a membership that includes a 24 majority of the primary-purpose domestic vio- 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 2119 PCS lence, dating violence, and family violence serv- 1 ice providers in the State; 2 ‘‘(B) has board membership that is rep- 3 resentative of primary-purpose domestic vio- 4 lence, dating violence, and family violence serv- 5 ice providers, and which may include represent- 6 atives of the communities in which the services 7 are being provided in the State; 8 ‘‘(C) has as its purpose to provide edu- 9 cation, support, and technical assistance to such 10 service providers to enable the providers to es- 11 tablish and maintain shelter and supportive 12 services for victims of domestic violence, dating 13 violence, and family violence and their children 14 and dependents; and 15 ‘‘(D) serves as an information clearing- 16 house, primary point of contact, and resource 17 center on domestic violence, dating violence, 18 and family violence for the State and supports 19 the development of polices, protocols, and proce- 20 dures to enhance domestic violence, dating vio- 21 lence, and family violence intervention and pre- 22 vention in the State. 23 ‘‘(17) SUPPORTIVE SERVICES.—The term ‘sup- 24 portive services’ means services for adult and youth 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 2119 PCS victims of domestic violence, dating violence, or fam- 1 ily violence, and children and dependents exposed to 2 domestic violence, dating violence, or family violence, 3 that are designed to— 4 ‘‘(A) meet the needs of such victims of do- 5 mestic violence, dating violence, or family vio- 6 lence, and their children and dependents, for 7 short-term, transitional, or long-term safety; 8 and 9 ‘‘(B) provide counseling, advocacy, or as- 10 sistance for victims of domestic violence, dating 11 violence, or family violence, and their children 12 and dependents. 13 ‘‘(18) TECHNOLOGICAL ABUSE.—The term 14 ‘technological abuse’ means an act or pattern of be- 15 havior that— 16 ‘‘(A) occurs within domestic violence, dat- 17 ing violence, or family violence; 18 ‘‘(B) is intended to harm, threaten, intimi- 19 date, control, stalk, harass, impersonate, ex- 20 ploit, extort, or monitor, except as otherwise 21 permitted by law, another person; and 22 ‘‘(C) uses any form of information tech- 23 nology, including any of the following: 24 ‘‘(i) Internet-enabled devices. 25 VerDate Sep 11 2014 21:35 Oct 27, 2021 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2119.PCS H2119 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 2119 PCS ‘‘(ii) Online spaces or platforms. 1 ‘‘(iii) Computers, mobile devices, or 2 software applications. 3 ‘‘(iv) Location tracking devices. 4 ‘‘(v) Communication technologies. 5 ‘‘(vi) Cameras or imaging platforms. 6 ‘‘(vii) Any other emerging technology. 7 ‘‘(19) TRIBAL DOMESTIC VIOLENCE COALI- 8 TION.—The term ‘Tribal domestic violence coalition’ 9 means an established nonprofit, nongovernmental 10 Indian organization recognized by the Office of Vio- 11 lence Against Women at the Department of Justice 12 that— 13 ‘‘(A) provides education, support, and tech- 14 nical assistance to member Indian service pro- 15 viders in a manner that enables the member 16 providers to establish and maintain culturally 17 ap [Text truncated for display. 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