Violence Against Women Reauthorization Act of 2019

II Calendar No. 308 116TH CONGRESS 1ST SESSION S. 2920 To reauthorize the Violence Against Women Act of 1994, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 20, 2019 Ms. ERNST (for herself, Mr. GRAHAM, Mr. CORNYN, Mrs. CAPITO, Mrs. BLACKBURN, Mr. CRAMER, Mr. RUBIO, Mrs. FISCHER, Mr. SULLIVAN, Mr. HOEVEN, and Mr. PERDUE) introduced the following bill; which was read the first time NOVEMBER 21, 2019 Read the second time and placed on the calendar A BILL 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 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 2 •S 2920 PCS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Universal definitions and grant conditions. 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. Grants to support families in the justice system. Sec. 104. Outreach and services to underserved populations grants. Sec. 105. Criminal provisions. Sec. 106. Rape survivor child custody. Sec. 107. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Sec. 108. Grants for lethality assessment programs. TITLE II—IMPROVING SERVICES FOR VICTIMS Sec. 201. Sexual assault services program. Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance program. Sec. 203. Training and services to end violence against women with disabilities. Sec. 204. Training and services to end abuse in later life. Sec. 205. Abby Honold Act. 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 for children and youth (‘‘Choose Children & Youth’’). Sec. 303. Grants to combat violent crimes on campuses. 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. Strengthening the healthcare systems response. TITLE VI—SAFE HOMES FOR VICTIMS Subtitle A—HEALS Act Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Strengthening housing resources protections for survivors of domestic violence, dating violence, sexual assault, or stalking. Sec. 604. Increasing access to safe shelter for survivors of domestic violence, dating violence, sexual assault, or stalking. VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 3 •S 2920 PCS Sec. 605. Report to Congress. Subtitle B—Housing Protections for Victims Sec. 611. Housing rights. Sec. 612. Monitoring; Director of Domestic Violence Prevention. Sec. 613. VAWA Emergency Transfer Demonstration Program. Sec. 614. Housing programs. TITLE VII—ASSISTING VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE IN THE WORKPLACE Sec. 701. National resource center on workplace responses to assist victims of domestic and sexual violence. Sec. 702. Study on workplace best practices. Sec. 703. GAO study. TITLE VIII—SAFETY FOR INDIAN WOMEN Subtitle A—Safety for Indian Women Sec. 801. Grants to Indian Tribal governments. Sec. 802. Grants to Indian Tribal coalitions. Sec. 803. Consultation. Sec. 804. Tribal jurisdiction over crimes committed in Indian country. Sec. 805. Reporting requirements. Subtitle B—SURVIVE Act Sec. 811. Short title. Sec. 812. Indian victims of crime. Sec. 813. Regulations regarding Indian Tribes. Subtitle C—Savanna’s Act Sec. 821. Short title. Sec. 822. Purposes. Sec. 823. Definitions. Sec. 824. Improving Tribal access to databases. Sec. 825. Guidelines for responding to cases of missing or murdered Indians. Sec. 826. Annual reporting requirements. Sec. 827. Implementation and incentive. Subtitle D—Tribal Law and Order Reauthorization and Amendments Act Sec. 831. Short title. PART I—TRIBAL LAW AND ORDER Sec. 841. Office of Justice Services law enforcement. Sec. 842. Authority to execute emergency orders. Sec. 843. Detention services. Sec. 844. Tribal law enforcement Officers. Sec. 845. Oversight, coordination, and accountability. Sec. 846. Integration and coordination of programs. Sec. 847. Data sharing with Indian tribes. Sec. 848. Judicial administration in Indian country. Sec. 849. Federal notice. Sec. 850. Detention facilities. VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 4 •S 2920 PCS Sec. 851. Reauthorization for tribal courts training. Sec. 852. Public defenders. Sec. 853. Offenses in Indian country: trespass on Indian land. Sec. 854. Resources for public safety in Indian communities; drug trafficking prevention. Sec. 855. Substance abuse prevention tribal action plans. Sec. 856. Office of Justice Services spending report. Sec. 857. Trafficking Victims Protection. Sec. 858. Reporting on Indian victims of trafficking. PART II—IMPROVING JUSTICE FOR INDIAN YOUTH Sec. 861. Federal jurisdiction over Indian juveniles. Sec. 862. Reauthorization of tribal youth programs. Sec. 863. Assistance for Indian tribes relating to juvenile crime. Sec. 864. Coordinating Council on Juvenile Justice and Delinquency Preven- tion. Sec. 865. Grants for delinquency prevention programs. Subtitle E—BADGES for Native Communities Act Sec. 871. Short title. Sec. 872. Definitions. PART I—BRIDGING AGENCY DATA GAPS Sec. 873. Federal law enforcement database reporting requirements. Sec. 874. National Missing and Unidentified Persons System Tribal liaison. PART II—ENSURING SAFETY FOR NATIVE COMMUNITIES Sec. 875. Missing and murdered response coordination grant program. Sec. 876. GAO study on Federal law enforcement agency evidence collection, handling, and processing. Sec. 877. Bureau of Indian Affairs and Tribal law enforcement officer coun- seling resources interdepartmental coordination. Subtitle F—Tribal Labor Sovereignty Act Sec. 881. Short title. Sec. 882. Definition of employer. TITLE IX—OFFICE ON VIOLENCE AGAINST WOMEN TECHNICAL CLARIFICATIONS Sec. 901. Office on Violence Against Women technical clarifications. TITLE X—CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE Sec. 1001. Short title. Sec. 1002. Prohibition on engaging in sexual acts while acting under color of law. Sec. 1003. Incentive for states. Sec. 1004. Reports to Congress. TITLE XI—HOLDING VIOLENT CRIMINALS AND CHILD PREDATORS ACCOUNTABLE VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 5 •S 2920 PCS Sec. 1101. Enhanced penalties. Sec. 1102. Combat online predators. Sec. 1103. Maximizing access to forensic exams. Sec. 1104. Study on State coverage of forensic examinations and related med- ical costs following a sexual assault. TITLE XII—CHOOSE RESPECT Subtitle A—Choose Respect Act Sec. 1201. Short title. Sec. 1202. Designation. Sec. 1203. Media Campaign. Subtitle B—Legal Assistance for Victims Sec. 1211. Legal assistance for victims. Sec. 1212. Report on protection order service processes. TITLE XIII—COMBATTING FEMALE GENITAL MUTILATION OR CUTTING Sec. 1301. Short title. Sec. 1302. Findings. Sec. 1303. Amendments to current law prohibiting female genital mutilation. Sec. 1304. Increased penalty for female genital mutilation. Sec. 1305. Pilot program to prevent and respond to female genital mutilation or cutting. Sec. 1306. Reporting on female genital mutilation or cutting. TITLE XIV—EMPOWERING VICTIMS OF REVENGE PORNOGRAPHY Sec. 1401. Empowering victims of revenge pornography. TITLE XV—CREEPS ACT Sec. 1501. Short title. Sec. 1502. Sexual assault by Federal employees and contractors. TITLE XVI—ADDITIONAL GRANT PROGRAMS Sec. 1601. National stalker and domestic violence reduction. Sec. 1602. Federal victim assistants reauthorization. Sec. 1603. Child abuse training programs for judicial personnel and practi- tioners reauthorization. Sec. 1604. Sex offender management. Sec. 1605. Court-appointed special advocate program. SEC. 2. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS. 1 (a) IN GENERAL.—Section 40002 of the Violence 2 Against Women Act of 1994 (34 U.S.C. 12291) is amend- 3 ed— 4 (1) in subsection (a)— 5 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 6 •S 2920 PCS (A) by striking ‘‘In this title’’ and insert- 1 ing ‘‘In this title, for the purpose of grants au- 2 thorized under this title’’; 3 (B) by redesignating paragraphs (12) 4 through (45) as paragraphs (15) through (48), 5 respectively; 6 (C) by redesignating paragraph (11) as 7 paragraph (12); 8 (D) by redesignating paragraph (8) as 9 paragraph (11) and moving it to appear before 10 paragraph (12), as so redesignated; 11 (E) by redesignating paragraphs (6) and 12 (7) as paragraphs (7) and (8), respectively; 13 (F) by redesignating paragraph (2) as 14 paragraph (6) and moving it to appear before 15 paragraph (7), as so redesignated; 16 (G) by redesignating paragraph (3) as 17 paragraph (2); 18 (H) by redesignating paragraph (5) as 19 paragraph (3) and moving it to appear after 20 paragraph (2), as so redesignated; 21 (I) by inserting after paragraph (4) the 22 following: 23 ‘‘(5) COURT-BASED PERSONNEL; COURT-RE- 24 LATED PERSONNEL.—The terms ‘court-based per- 25 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 7 •S 2920 PCS sonnel’ and ‘court-related personnel’ mean individ- 1 uals working in the court, whether paid or volunteer, 2 including— 3 ‘‘(A) clerks, special masters, domestic rela- 4 tions officers, administrators, mediators, cus- 5 tody evaluators, guardians ad litem, lawyers, 6 negotiators, probation, parole, interpreters, vic- 7 tim assistants, victim advocates, and judicial, 8 administrative, or any other professionals or 9 personnel similarly involved in the legal process; 10 ‘‘(B) court security personnel; 11 ‘‘(C) personnel working in related, supple- 12 mentary offices or programs (such as child sup- 13 port enforcement); and 14 ‘‘(D) any other court-based or community 15 based personnel having responsibilities or au- 16 thority to address domestic violence, dating vio- 17 lence, sexual assault, or stalking in the court 18 system.’’; 19 (J) in paragraph (11), as so redesignated, 20 by striking ‘‘includes felony’’ and all that fol- 21 lows through ‘‘jurisdiction.’’ and inserting the 22 following: ‘‘includes felony or misdemeanor 23 crimes under the family or domestic violence 24 laws of the jurisdiction receiving grant funding, 25 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 8 •S 2920 PCS and, in the case of victim services, includes the 1 use or attempted use of physical abuse or sex- 2 ual abuse, or a pattern of any other coercive be- 3 havior committed, enabled, or solicited to gain 4 or maintain power and control over a victim, in- 5 cluding verbal, psychological, economic, or tech- 6 nological abuse, by a person who— 7 ‘‘(A) is a current or former spouse or inti- 8 mate partner of the victim, or person similarly 9 situated to a spouse of the victim; 10 ‘‘(B) is cohabitating, or has cohabitated, 11 with the victim as a spouse or intimate partner; 12 ‘‘(C) shares a child in common with the 13 victim; 14 ‘‘(D) is an adult family member of, or paid 15 or nonpaid caregiver, in an ongoing relationship 16 of trust, with a victim 50 years of age or older 17 or an adult victim with disabilities; or 18 ‘‘(E) commits acts against a youth or adult 19 victim who is protected from those acts under 20 the family or domestic violence laws of the ju- 21 risdiction.’’; 22 (K) by inserting after paragraph (12), as 23 so redesignated, the following: 24 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 9 •S 2920 PCS ‘‘(13) FEMALE GENITAL MUTILATION OR CUT- 1 TING.—The term ‘female genital mutilation or cut- 2 ting’ means intentionally circumcising, excising, 3 infibulating the whole or any part of the labia 4 majora or labia minora or clitoris, or in any way 5 causing bodily injury (as defined in section 1365 of 6 title 18, United States Code) to the female genitalia 7 for non-medical reasons. 8 ‘‘(14) FORCED MARRIAGE.—The term ‘forced 9 marriage’ means a marriage to which 1 or both par- 10 ties do not or cannot consent, and in which 1 or 11 more elements of force, fraud, or coercion is present. 12 Forced marriage can be both a cause and a con- 13 sequence of domestic violence, dating violence, sexual 14 assault or stalking.’’; and 15 (L) by striking paragraph (32), as so re- 16 designated, and inserting the following: 17 ‘‘(32) SEXUAL ASSAULT.—The term ‘sexual as- 18 sault’— 19 ‘‘(A) means any non-consensual sexual act 20 proscribed by Federal, Tribal or State law, in- 21 cluding when the victim lacks capacity to con- 22 sent; and 23 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2920.PCS S2920 kjohnson on DSK79L0C42 with BILLS 10 •S 2920 PCS ‘‘(B) includes sex trafficking described in 1 section 103(11)(A) of the Victims of Traf- 2 ficking and Violence Protection Act of 2000.’’; 3 (2) in subsection (b)— 4 (A) in paragraph (2), by adding at the end 5 the following: 6 ‘‘(H) DEATH OF THE PARTY WHOSE PRI- 7 VACY HAD BEEN PROTECTED.—In the event of 8 the death of any victim whose confidentiality 9 and privacy is required to be protected under 10 this subsection, grantees and subgrantees may 11 share personally identifying information or indi- 12 vidual information that is collected about de- 13 ceased victims being sought for a fatality review 14 to the extent permitted by their jurisdiction’s 15 law and only if the following conditions are met: 16 ‘‘(i) The underlying objectives of the 17 fatality review are to prevent future 18 deaths, [Text truncated for display. 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