Family Violence Prevention and Services Improvement Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2259 To amend the Family Violence Prevention and Services Act to make improvements. IN THE SENATE OF THE UNITED STATES JULY 24, 2019 Mr. CASEY (for himself and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL 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 IN ACT. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Family Violence Prevention and Services Improvement 5 Act of 2019’’. 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 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2259 IS sion of the Family Violence Prevention and Services Act 1 (42 U.S.C. 10401 et seq.). 2 SEC. 2. PURPOSE. 3 Subsection (b) of section 301 (42 U.S.C. 10401) is 4 amended to read as follows: 5 ‘‘(b) PURPOSE.—It is the purpose of this title to im- 6 prove services and interventions and advance primary and 7 secondary prevention of family violence, domestic violence, 8 and dating violence by— 9 ‘‘(1) assisting States and territories in sup- 10 porting local family violence programs to provide ac- 11 cessible, trauma-informed, culturally relevant resi- 12 dential and non-residential services to domestic vio- 13 lence victims and their children and dependents; 14 ‘‘(2) strengthening the capacity of Indian 15 Tribes to exercise their sovereign authority to re- 16 spond to family violence committed against Indians; 17 ‘‘(3) providing for a network of technical assist- 18 ance and training centers to support effective policy, 19 practice, research, and cross-system collaboration to 20 improve intervention and prevention efforts through- 21 out the country; 22 ‘‘(4) supporting the efforts of State, territorial, 23 and Tribal coalitions to document and address the 24 needs of victims and their children and dependents, 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2259 IS including victims and their children and dependents 1 who are underserved, implement effective coordi- 2 nated community and systems responses, and pro- 3 mote ongoing public education and community en- 4 gagement; 5 ‘‘(5) maintaining national domestic violence 6 hotlines, including a national Indian domestic vio- 7 lence hotline; and 8 ‘‘(6) supporting the development and implemen- 9 tation of evidence-informed, coalition-led, and com- 10 munity-based primary prevention approaches and 11 programs.’’. 12 SEC. 3. DEFINITIONS. 13 Section 302 (42 U.S.C. 10402) is amended— 14 (1) by amending paragraph (2) to read as fol- 15 lows: 16 ‘‘(2) DATING PARTNER.—The term ‘dating 17 partner’ means any person who is or has been in a 18 social relationship of a romantic or intimate nature 19 with a victim, and where the existence of such a re- 20 lationship shall be determined based on a consider- 21 ation of— 22 ‘‘(A) the length of the relationship; 23 ‘‘(B) the type of the relationship; and 24 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2259 IS ‘‘(C) the frequency of interaction between 1 the persons involved in the relationship.’’; 2 (2) by striking paragraphs (3) and (4); 3 (3) by inserting after paragraph (2) the fol- 4 lowing: 5 ‘‘(3) DIGITAL SERVICES.—The term ‘digital 6 services’ means services, resources, information, sup- 7 port, or referrals provided through electronic com- 8 munications platforms and media, which may in- 9 clude mobile phone technology, video technology, 10 computer technology (including use of the internet), 11 and any other emerging communications tech- 12 nologies that are appropriate for the purposes of 13 providing services, resources, information, support, 14 or referrals for the benefit of victims of domestic vio- 15 lence, dating violence, or family violence. 16 ‘‘(4) DOMESTIC VIOLENCE, DATING VIOLENCE, 17 FAMILY VIOLENCE.—The terms ‘domestic violence’, 18 ‘dating violence’, and ‘family violence’ mean any act, 19 threatened act, or pattern of acts of physical or sex- 20 ual violence, stalking, harassment, psychological 21 abuse, economic abuse, technological abuse, or any 22 other form of abuse, including threatening to com- 23 mit harm against children or dependents or other 24 members of the household of the recipient of the 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 2259 IS threat for the purpose of coercion, threatening, or 1 causing harm, directed against— 2 ‘‘(A) a dating partner or other person 3 similarly situated to a dating partner under the 4 laws of the jurisdiction; 5 ‘‘(B) a person who is cohabitating with or 6 has cohabitated with the person committing 7 such an act; 8 ‘‘(C) a current or former spouse or other 9 person similarly situated to a spouse under the 10 laws of the jurisdiction; 11 ‘‘(D) a person who shares a child or de- 12 pendent in common with the person committing 13 such an act; or 14 ‘‘(E) 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 (4) by amending paragraph (5) to read as fol- 19 lows: 20 ‘‘(5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- 21 TION.—The terms ‘Indian’, ‘Indian Tribe’, and 22 ‘Tribal organization’ have the meanings given the 23 terms ‘Indian’, ‘Indian tribe’, and ‘tribal organiza- 24 tion’, respectively, in section 4 of the Indian Self-De- 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 2259 IS termination and Education Assistance Act (25 1 U.S.C. 5304).’’; 2 (5) by— 3 (A) redesignating paragraphs (13) and 4 (14) as paragraphs (17) and (18), respectively; 5 (B) redesignating paragraphs (8) through 6 (12) as paragraphs (11) through (15), respec- 7 tively; and 8 (C) redesignating paragraphs (6) and (7) 9 as paragraphs (7) and (8), respectively; 10 (6) by inserting after paragraph (5) the fol- 11 lowing: 12 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— 13 The term ‘institution of higher education’ has the 14 meaning given such term in section 101 of the High- 15 er Education Act of 1965 (20 U.S.C. 1001).’’; 16 (7) in paragraph (8), as so redesignated, by 17 striking ‘‘42 U.S.C. 13925(a)’’ and inserting ‘‘34 18 U.S.C. 12291(a)’’; 19 (8) by inserting after paragraph (8) the fol- 20 lowing: 21 ‘‘(9) POPULATION SPECIFIC SERVICES.—The 22 term ‘population specific services’ has the meaning 23 given such term in section 40002(a) of the Violence 24 Against Women Act (34 U.S.C. 12291(a)). 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 2259 IS ‘‘(10) RACIAL AND ETHNIC MINORITY GROUP.— 1 The term ‘racial and ethnic minority group’ has the 2 meaning given such term in section 1707(g) of the 3 Public Health Service Act (42 U.S.C. 300u–6(g)).’’; 4 (9) by amending paragraph (12), as so redesig- 5 nated, to read as follows: 6 ‘‘(12) SHELTER.—The term ‘shelter’ means the 7 provision of temporary refuge and basic necessities, 8 in conjunction with supportive services, provided on 9 a regular basis, in compliance with applicable State, 10 Tribal, territorial, or local law to victims of family 11 violence, domestic violence, or dating violence, and 12 their children and dependents. Such law includes 13 regulations governing the provision of safe homes 14 and other forms of secure temporary lodging, meals, 15 or supportive services (including providing basic ne- 16 cessities) to victims of family violence, domestic vio- 17 lence, or dating violence, and their children and de- 18 pendents.’’; 19 (10) in paragraph (14), as so redesignated— 20 (A) in the matter preceding subparagraph 21 (C), by inserting ‘‘, designated by the Sec- 22 retary,’’ after ‘‘organization’’; and 23 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 2259 IS (B) in subparagraph (C), by striking ‘‘de- 1 pendents’’ and inserting ‘‘children and depend- 2 ents’’; 3 (11) in paragraph (15), as so redesignated, by 4 striking ‘‘dependents’’ each place it appears and in- 5 serting ‘‘children and dependents’’; 6 (12) by inserting after paragraph (15), as so 7 redesignated, the following: 8 ‘‘(16) TRIBAL DOMESTIC VIOLENCE COALI- 9 TION.—The term ‘Tribal domestic violence coalition’ 10 means an established nonprofit, nongovernmental 11 Indian organization that— 12 ‘‘(A) provides education, support, and tech- 13 nical assistance to member Indian service pro- 14 viders in a manner that enables the member 15 providers to establish and maintain culturally 16 appropriate services, including shelter (includ- 17 ing supportive services) designed to assist In- 18 dian victims of family violence, domestic vio- 19 lence, or dating violence and the children and 20 dependents of such victims; and 21 ‘‘(B) is comprised of members that are 22 representative of— 23 ‘‘(i) the member service providers de- 24 scribed in subparagraph (A); and 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 2259 IS ‘‘(ii) the Tribal communities in which 1 the services are being provided.’’; 2 (13) in paragraph (17), as so redesignated— 3 (A) by striking ‘‘tribally’’ and inserting 4 ‘‘Tribally’’; 5 (B) by striking ‘‘tribal’’ and inserting 6 ‘‘Tribal’’; and 7 (C) by striking ‘‘tribe’’ each place it ap- 8 pears and inserting ‘‘Tribe’’; and 9 (14) by striking paragraph (18), as so redesig- 10 nated, and inserting the following: 11 ‘‘(18) UNDERSERVED POPULATIONS AND UN- 12 DERSERVED INDIVIDUALS.—The terms ‘underserved 13 populations’ and ‘underserved individuals’ mean vic- 14 tims of domestic violence, dating violence, or family 15 violence, and their children and dependents who face 16 obstacles in accessing and using State, Tribal, terri- 17 torial, or local domestic violence, dating violence, or 18 family violence services, and who may be overrepre- 19 sented due to historical barriers. Populations may be 20 underserved on the basis of, marginalized racial and 21 ethnic minority populations, Indigenous status, cul- 22 tural and language barriers, immigration status, 23 physical, sensory, or cognitive disabilities, mental 24 disabilities or other mental health needs, sexual ori- 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 2259 IS entation or gender identity, age (including both el- 1 ders and minors), geographical location, faith or reli- 2 gious practice, or other bases, as determined by the 3 Secretary, under the Family Violence Prevention 4 and Services Act program carried out under this 5 title. 6 ‘‘(19) CHILD.—The term ‘child’ means an indi- 7 vidual who is— 8 ‘‘(A) younger than age 18; and 9 ‘‘(B) not an emancipated minor.’’. 10 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 11 The Act is amended by repealing section 303 (42 12 U.S.C. 10403) and inserting the following: 13 ‘‘SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 14 ‘‘(a) APPLICATION.—This section shall apply for any 15 fiscal year before the first fiscal year for which the amount 16 appropriated to carry out the provisions specified in sub- 17 section (b) is not less than $185,000,000. 18 ‘‘(b) AUTHORIZATIONS.— 19 ‘‘(1) IN GENERAL.—There is authorized to be 20 appropriated to carry out sections 301 through 312, 21 $252,300,000 for each of fiscal years 2020 through 22 2024. 23 ‘‘(2) RESERVATION FOR GRANTS TO TRIBES.— 24 Of the amounts appropriated under paragraph (1) 25 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 2259 IS for a fiscal year, 10 percent shall be reserved and 1 used to carry out section 309. 2 ‘‘(3) FORMULA GRANTS TO STATES.—Of the 3 amounts appropriated under paragraph (1) for a fis- 4 cal year and not reserved under paragraph (2) (re- 5 ferred to in this subsection as the ‘remainder’), not 6 less than 75 percent shall be used for making grants 7 under section 306(a). 8 ‘‘(4) TECHNICAL ASSISTANCE AND TRAINING 9 CENTERS.—Of the remainder, not less than 6 per- 10 cent shall be used to carry out section 310. 11 ‘‘(5) GRANTS FOR STATE DOMESTIC VIOLENCE 12 COALITIONS.—Of the remainder, not less than 10 13 percent shall be used to carry out section 311. 14 ‘‘(6) SPECIALIZED SERVICES.—Of the remain- 15 der, not less than 5 percent shall be used to carry 16 out section 312. 17 ‘‘(7) ADMINISTRATION, EVALUATION, AND MON- 18 ITORING.—Of the remainder, not more than 4 per- 19 cent shall be used by the Secretary for evaluation, 20 monitoring, and other administrative costs under 21 this title. 22 ‘‘(c) TRIBAL DOMESTIC VIOLENCE COALITIONS.— 23 There is authorized to be appropriated to carry out section 24 VerDate Sep 11 2014 23:26 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2259.IS S2259 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 2259 IS 311A $7,500,000 for each of fiscal years 2020 through 1 2024. 2 ‘‘(d) NATIONAL DOMESTIC VIOLENCE HOTLINE.— 3 There is authorized to be appropriated to carry out section 4 313 $10,250,000 for each of fiscal years 2020 through 5 2024. 6 ‘‘(e) NATIONAL INDIAN DOMESTIC VIOLENCE HOT- 7 LINE.—There is authorized to be appropriated to carry 8 out section 313A $2,500,000 for each of fiscal years 2020 9 through 2024. 10 ‘‘(f) DOMESTIC VIOLENCE PREVENTION ENHANCE- 11 MENT AND LEADERSHIP THROUGH ALLIANCES.—There 12 is authorized to be appropriated to carry out section 314 13 $26,000,000 for each of fiscal years 2020 through 2024. 14 ‘‘(g) GRANTS FOR UNDERSERVED POPULATIONS.— 15 There is authorized to be appropriated to carry out section 16 315 $10,000,000 for each of fiscal years 2020 through 17 2024. 18 ‘‘(h) GRANTS FOR CULTURALLY SPECIFIC SERV- 19 ICES.—There is authorized to be appropriated to carry out 20 section 316 $6,250,000 for each of fiscal years 2020 [Text truncated for display. 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