Pub. L. 117-103, div. W, tit. VI, sec. 602 (as amended)
ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING RETALIATION AGAINST VICTIMS.
SEC. 602. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING RETALIATION AGAINST VICTIMS.
Chapter 2 of subtitle N of title IV of the Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after section 41411 the following:
“SEC. 41412. [34 U.S.C. 12492] COMPLIANCE REVIEWS
“(a) Regular Compliance Reviews.—
“(1) In general.—Each appropriate agency shall establish a process by which to review compliance with the requirements of this subtitle, which shall—
“(A) where possible, be incorporated into other existing compliance review processes of the appropriate agency, in consultation with the Gender-based Violence Prevention Office and Violence Against Women Act Director described in section 41413 and any other relevant officials of the appropriate agency; and
“(B) examine—
“(i) compliance with requirements prohibiting the denial of assistance, tenancy, or occupancy rights on the basis of domestic violence, dating violence, sexual assault, or stalking;
“(ii) compliance with confidentiality provisions set forth in section 41411(c)(4);
“(iii) compliance with the notification requirements set forth in section 41411(d)(2);
“(iv) compliance with the provisions for accepting documentation set forth in section 41411(c);
“(v) compliance with emergency transfer requirements set forth in section 41411(e); and
“(vi) compliance with the prohibition on retaliation set forth in section 41414.
“(2) Frequency.—Each appropriate agency shall conduct the review described in paragraph (1) on a regular basis, as determined by the appropriate agency.
“(b) Regulations.—
“(1) In general.—Not later than 2 years after the date of enactment of the Violence Against Women Act Reauthorization Act of 2022, each appropriate agency shall issue regulations in accordance with section 553 of title 5, United States Code, to implement subsection (a) of this section, which shall—
“(A) define standards of compliance under covered housing programs;
“(B) include detailed reporting requirements, including the number of emergency transfers requested and granted, as well as the length of time needed to process emergency transfers; and
“(C) include standards for corrective action plans where compliance standards have not been met.
“(2) Consultation.—In developing the regulations under paragraph (1), an appropriate agency shall engage in additional consultation with appropriate stakeholders including, as appropriate—
“(A) individuals and organizations with expertise in the housing needs and experiences of victims of domestic violence, dating violence, sexual assault and stalking; and
“(B) individuals and organizations with expertise in the administration or management of covered housing programs, including industry stakeholders and public housing agencies.
“(c) Public Disclosure.—Each appropriate agency shall ensure that an agency-level assessment of the information collected during the compliance review process completed pursuant to this subsection—
“(1) includes an evaluation of each topic identified in subsection (a); and
“(2) is made publicly available.
“SEC. 41413. [34 U.S.C. 12493] DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GENDER-BASED VIOLENCE PREVENTION OFFICE AND VIOLENCE AGAINST WOMEN ACT DIRECTOR
“(a) Establishment.—The Secretary of Housing and Urban Development shall establish a Gender-based Violence Prevention Office with a Violence Against Women Act Director (in this section referred to as the ‘Director’).
“(b) Duties.—The Director shall, among other duties—
“(1) support implementation of this chapter;
“(2) coordinate with Federal agencies on legislation, implementation, and other issues affecting the housing provisions under this subtitle, as well as other issues related to
advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking;
“(3) coordinate with State and local governments and agencies, including State housing finance agencies, regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking;
“(4) ensure that technical assistance and support are provided to each appropriate agency and housing providers regarding implementation of this subtitle, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including compliance with this subtitle;
“(5) implement internal systems to track, monitor, and address compliance failures; and
“(6) address the housing needs and barriers faced by victims of sexual assault, as well as sexual coercion and sexual harassment by a public housing agency or owner or manager of housing assisted under a covered housing program.
“(c) Authorization of Appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2023 through 2027.
“SEC. 41414. [34 U.S.C. 12494] PROHIBITION ON RETALIATION
“(a) Non-retaliation Requirement.—No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by this subtitle, or because that person testified, assisted, or participated in any matter related to this chapter.
“(b) Prohibition on Coercion.—No public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, or interfere with, or retaliate against, any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any rights or protections under this chapter, including—
“(1) intimidating or threatening any person because that person is assisting or encouraging a person entitled to claim the rights or protections under this chapter; and
“(2) retaliating against any person because that person has participated in any investigation or action to enforce this chapter.
“(c) Implementation.—The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this chapter consistent with, and in a manner that provides, the rights and remedies provided for in title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).”
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- Cross-references to the US Code
- 34 U.S.C. 1249234 U.S.C. 1249334 U.S.C. 12494