Violence Against Women Reauthorization Act of 2019

II Calendar No. 66 116TH CONGRESS 1ST SESSION H. R. 1585 IN THE SENATE OF THE UNITED STATES APRIL 8, 2019 Received APRIL 9, 2019 Read the first time APRIL 10, 2019 Read the second time and placed on the calendar 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Violence Against Women Reauthorization Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Universal definitions and grant conditions. VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 1585 PCS Sec. 3. Reporting on female genital mutilation, female genital cutting, or female circumcision. Sec. 4. Agency and Department Coordination. TITLE I—ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec. 101. Stop grants. Sec. 102. Grants to improve 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. 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. Training and services to end violence against people with disabilities. Sec. 205. Training and services to end abuse in later life. Sec. 206. Demonstration program on trauma-informed training for law enforce- ment. 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. Sec. 304. Combat online predators. 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. 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. VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 1585 PCS 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. Entitlement to unemployment compensation for victims of sexual and other harassment and survivors of domestic violence, sexual as- sault, or stalking. 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. 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 crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or corrections officer. Sec. 904. Annual reporting requirements. Sec. 905. Report on the response of law enforcement agencies to reports of missing or murdered Indians. TITLE X—OFFICE ON VIOLENCE AGAINST WOMEN Sec. 1001. Establishment of Office on Violence Against Women. Sec. 1002. Report of the Attorney General on the effects of the shutdown. 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. VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 1585 PCS Sec. 1203. Special assistant U.S. attorneys and cross-deputized attorneys. 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. Rape kit backlog. Sec. 1407. Sexual assault forensic exam program grants. Sec. 1408. Review on link between substance use and victims of domestic vio- lence dating violence, sexual assault, or stalking. Sec. 1409. Interagency working group to study Federal efforts to collect data on sexual violence. Sec. 1410. National Domestic Violence Hotline. Sec. 1411. Rule of construction regarding compliance with immigration laws. 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. 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, including for the purpose of 6 grants authorized under this Act’’; 7 (B) by redesignating paragraphs (34) 8 through (45) as paragraphs (42) through (53); 9 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 1585 PCS (C) by inserting after paragraph (33) the 1 following: 2 ‘‘(39) INTERNET ENABLED DEVICE.—The term 3 ‘internet enabled device’ means devices that have a 4 connection the Internet, send and receive informa- 5 tion and data, and maybe accessed via mobile device 6 technology, video technology, or computer tech- 7 nology, away from the location where the device is 8 installed, and may include home automation sys- 9 tems, door locks, and thermostats. 10 ‘‘(40) TECHNOLOGICAL ABUSE.—The term 11 ‘technological abuse’ means behavior intended to 12 harm, threaten, intimidate, control, stalk, harass, 13 impersonate, or monitor, except as otherwise per- 14 mitted by law, another person, that occurs using the 15 Internet, internet enabled devices, social networking 16 sites, computers, mobile devices, cellular telephones, 17 apps, location tracking devices, instant messages, 18 text messages, or other forms of technology. Techno- 19 logical abuse may include— 20 ‘‘(A) unwanted, repeated telephone calls, 21 text messages, instant messages, or social 22 media posts; 23 ‘‘(B) non-consensual accessing e-mail ac- 24 counts, texts or instant messaging accounts, so- 25 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 1585 PCS cial networking accounts, or cellular telephone 1 logs; 2 ‘‘(C) controlling or restricting a person’s 3 ability to access technology with the intent to 4 isolate them from support and social connec- 5 tion; 6 ‘‘(D) using tracking devices or location 7 tracking software for the purpose of monitoring 8 or stalking another person’s location; 9 ‘‘(E) impersonating a person (including 10 through the use of spoofing technology in photo 11 or video or the creation of accounts under a 12 false name) with the intent to deceive or cause 13 harm; or 14 ‘‘(F) sharing or urging or compelling the 15 sharing of another person’s private information, 16 photographs, or videos without their consent. 17 ‘‘(41) FEMALE GENITAL MUTILATION.—The 18 terms ‘female genital mutilation’, ‘female genital 19 cutting’, ‘FGM/C’, or ‘female circumcision’ mean the 20 intentional removal or infibulation (or both) of either 21 the whole or part of the external female genitalia for 22 non-medical reasons. External female genitalia in- 23 cludes the pubis, labia minora, labia majora, clitoris, 24 and urethral and vaginal openings.’’; 25 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 1585 PCS (D) in paragraph (19)(B), by striking 1 ‘‘and probation’’ and inserting ‘‘probation, and 2 vacatur or expungement’’; 3 (E) by redesignating paragraphs (13) 4 through (33) as paragraphs (18) through (38); 5 (F) by striking paragraphs (11) and (12) 6 and inserting the following: 7 ‘‘(13) DIGITAL SERVICES.—The term ‘digital 8 services’ means services, resources, information, sup- 9 port or referrals provided through electronic commu- 10 nications platforms and media, whether via mobile 11 device technology, video technology, or computer 12 technology, including utilizing the internet, as well 13 as any other emerging communications technologies 14 that are appropriate for the purposes of providing 15 services, resources, information, support, or referrals 16 for the benefit of victims of domestic violence, dating 17 violence, sexual assault, or stalking. 18 ‘‘(14) ECONOMIC ABUSE.—The term ‘economic 19 abuse’, in the context of domestic violence, dating vi- 20 olence, and abuse in later life, means behavior that 21 is coercive, deceptive, or unreasonably controls or re- 22 strains a person’s ability to acquire, use, or maintain 23 economic resources to which they are entitled, in- 24 cluding using coercion, fraud, or manipulation to— 25 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 8 HR 1585 PCS ‘‘(A) restrict a person’s access to money, 1 assets, credit, or financial information; 2 ‘‘(B) unfairly use a person’s personal eco- 3 nomic resources, including money, assets, and 4 credit, for one’s own advantage; or 5 ‘‘(C) exert undue influence over a person’s 6 financial and economic behavior or decisions, 7 including forcing default on joint or other fi- 8 nancial obligations, exploiting powers of attor- 9 ney, guardianship, or conservatorship, or failing 10 or neglecting to act in the best interests of a 11 person to whom one has a fiduciary duty. 12 ‘‘(15) ELDER ABUSE.—The term ‘elder abuse’ 13 has the meaning given that term in section 2 of the 14 Elder Abuse Prevention and Prosecution Act. The 15 terms ‘abuse,’ ‘elder,’ and ‘exploitation’ have the 16 meanings given those terms in section 2011 of the 17 Social Security Act (42 U.S.C. 1397j). 18 ‘‘(16) FORCED MARRIAGE.—The term ‘forced 19 marriage’ means a marriage to which one or both 20 parties do not or cannot consent, and in which one 21 or more elements of force, fraud, or coercion is 22 present. Forced marriage can be both a cause and 23 a consequence of domestic violence, dating violence, 24 sexual assault or stalking. 25 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 9 HR 1585 PCS ‘‘(17) HOMELESS.—The term ‘homeless’ has 1 the meaning given such term in section 41403(6).’’; 2 (G) by redesignating paragraphs (9) and 3 (10) as paragraphs (11) and (12), respectively; 4 (H) by amending paragraph (8) to read as 5 follows: 6 ‘‘(10) DOMESTIC VIOLENCE.—The term ‘domes- 7 tic violence’ means a pattern of behavior involving 8 the use or attempted use of physical, sexual, verbal, 9 emotional, economic, or technological abuse or any 10 other coercive behavior committed, enabled, or solic- 11 ited to gain or maintain power and control over a 12 victim, by a person who— 13 ‘‘(A) is a current or former spouse or dat- 14 ing partner of the victim, or other person simi- 15 larly situated to a spouse of the victim under 16 the family or domestic violence laws of the ju- 17 risdiction; 18 ‘‘(B) is cohabitating with or has 19 cohabitated with the victim as a spouse or dat- 20 ing partner, or other person similarly situated 21 to a spouse of the victim under the family or 22 domestic violence laws of the jurisdiction; 23 ‘‘(C) shares a child in common with the 24 victim; 25 VerDate Sep 11 2014 23:17 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585 pamtmann on DSKBFK8HB2PROD with BILLS 10 HR 1585 PCS ‘‘(D) is an adult family member of, or paid 1 or nonpaid caregiver for, a victim aged 50 or 2 older or an adult victim with disabilities; or 3 ‘‘(E) commits acts against a youth or adult 4 victim who is protected from those acts under 5 the family or domestic violence laws of the ju- 6 risdiction.’’; 7 (I) by redesignating paragraphs (6) and 8 (7) as paragraphs (8) and (9), respectively; [Text truncated for display. 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