[House Report 106-891]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-891
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
VIOLENCE AGAINST WOMEN ACT OF 2000
_______
July 20, 2000.--Ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1248]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1248) preventing violence against women, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 2
Purpose and Summary........................................ 24
Background and Need for the Legislation.................... 24
Hearings................................................... 25
Committee Consideration.................................... 25
Votes of the Committee..................................... 25
Committee Oversight Findings............................... 32
Committee on Government Reform Findings.................... 32
New Budget Authority and Tax Expenditures.................. 32
Congressional Budget Office Cost Estimate.................. 32
Constitutional Authority Statement......................... 34
Section-by-Section Analysis and Discussion................. 34
Agency Views............................................... 43
Changes in Existing Law Made by the Bill, as Reported...... 52
Additional Views........................................... 83
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence Against
Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
Sec. 101. Reauthorization.
Sec. 102. Technical amendments.
Sec. 103. State coalition grants.
Sec. 104. Full faith and credit enforcement of protection orders.
Sec. 105. Filing costs for criminal charges
Sec. 106. Elder abuse, neglect, and exploitation.
Subtitle B--National Domestic Violence Hotline
Sec. 111. Reauthorization.
Sec. 112. Technical amendments.
Subtitle C--Battered Women's Shelters and Services
Sec. 121. Short title.
Sec. 122. Authorization of appropriations for family violence
prevention and services.
Sec. 123. FVPSA improvements.
Sec. 124. Transitional housing assistance for victims of domestic
violence.
Subtitle D--Community Initiatives
Sec. 131. Grants for community initiatives.
Subtitle E--Education and Training for Judges and Court Personnel
Sec. 141. Reauthorization.
Subtitle F--Grants To Encourage Arrest Policies
Sec. 151. Reauthorization.
Sec. 152. Technical amendment.
Subtitle G--Rural Domestic Violence and Child Abuse Enforcement
Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
Subtitle H--National Stalker and Domestic Violence Reduction
Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
Subtitle I--Federal Victims' Counselors
Sec. 181. Reauthorization.
Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
Sec. 191. Reauthorization.
Sec. 192. Dissemination of information.
Subtitle K--Victims of Child Abuse Programs
Sec. 193. Reauthorization of court-appointed special advocate program.
Sec. 194. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 195. Reauthorization of grants for televised testimony.
Sec. 196. Dissemination of information.
TITLE II--SEXUAL ASSAULT PREVENTION
Sec. 201. Transfer of rape prevention and education program.
Sec. 202. Rape prevention education.
Sec. 203. Sexual assault and interpersonal violence; demonstration
projects.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
Sec. 301. Civil legal assistance for victims.
Subtitle B--Limiting the Effects of Violence on Children
Sec. 305 . Safe havens for children pilot program.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
Sec. 310. Findings.
Sec. 311. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 312. Violence Against Women Act.
Sec. 313. Grants for technical assistance.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
Sec. 315. Short title.
Sec. 316. Standards, practice, and training for sexual assault forensic
examinations.
Subtitle E--Domestic Violence Task Force
Sec. 320. Domestic Violence Task Force.
SEC. 2. DEFINITIONS.
(a) Domestic Violence.--
(1) Omnibus Crime Control and Safe Streets Act.--Section
2003(1) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2(1)) is amended to read as follows:
``(1) the term `domestic violence' includes acts or threats
of violence, not including acts of self-defense, committed by a
current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabiting with or has cohabited with the victim, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any other
person against a victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction;''.
(2) Omnibus Crime Control and Safe Streets Act.--Section
2105(1) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh-4(1)) is amended to read as follows:
``(1) the term `domestic violence' includes acts or threats
of violence, not including acts of self-defense, committed by a
current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabiting with or has cohabited with the victim, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any other
person against a victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction; and''.
(b) Indian Country.--Section 2003(2) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1)) is amended to read
as follows:
``(2) the term `Indian country' has the same meaning as is
given such term by section 1151 of title 18, United States
Code;''.
(c) Stalking.--Section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2) is amended by striking the
period at the end of paragraph (8) and inserting a semicolon and by
adding after paragraph (8) the following:
``(9) the term `stalking' means engaging in conduct that is
directed at an individual with the intent to injure and harass
the individual and which places the individual in reasonable
fear of the death of, or serious bodily injury to, that
individual, a member of that individual's immediate family or
that individual's intimate partner;''.
(d) Underserved Populations.--Section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) is amended
to read as follows:
``(7) the term `underserved populations' includes
populations underserved because of geographic location (such as
rural isolation), underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, or age), and any other
population determined to be underserved by the State planning
process in consultation with the Attorney General;''.
(e) Domestic Violence Coalition.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended
by subsection (c), is amended by adding after paragraph (9) the
following:
``(10) the term `domestic violence coalition' means a
statewide (except in the case of a coalition within lands under
tribal authority) nonprofit, nongovernmental membership
organization of a majority of domestic violence programs within
the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities
provides training and technical assistance to domestic violence
programs within the State, commonwealth, territory, or lands
under military, Federal, or tribal authority;''.
(f) Sexual Assault Coalition.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended
by subsection (e), is amended by adding after paragraph (10) the
following:
``(11) the term `sexual assault coalition' means a
statewide (except in the case of a coalition within lands under
tribal authority) nonprofit, nongovernmental membership
organization of a majority of sexual assault programs within
the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities
provides training and technical assistance to sexual assault
programs within the State, commonwealth, territory, or lands
under military, Federal, or tribal authority; and''.
(g) Dating Violence.--
(1) Section 2003.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2), as
amended by subsection (f), is amended by adding after paragraph
(11) the following:
``(12) The term `dating violence' means violence committed
by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction
between the persons involved in the
relationship.''.
(2) Section 2105.--Section 2105 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4) is
amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``; and'', and by adding after paragraph (2) the following:
``(3) the term `dating violence' means violence committed
by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction
between the persons involved in the
relationship.''.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
SEC. 101. REAUTHORIZATION.
Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by inserting after subparagraph (F) the following:
``(G) $185,000,000 for fiscal year 2001;
``(H) $185,000,000 for fiscal year 2002;
``(I) $185,000,000 for fiscal year 2003;
``(J) $195,000,000 for fiscal year 2004; and
``(K) $195,000,000 for fiscal year 2005.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Grant Allocation.--Section 2002(c)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is
amended to read as follows:
``(3) at least 50 percent is allocated to grants for law
enforcement, prosecution, and State and local court systems and
at least 35 percent is allocated for victim services; and''.
(b) Reallotment.--Section 2002(e) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding
at the end the following new paragraph:
``(3) Reallotment of funds.--
``(A) If, at the end of the 9th month of any fiscal
year for which funds are appropriated under section
1001(a)(18), the amounts made available are unspent or
unobligated, such unspent or unobligated funds shall be
reallotted to the current fiscal year recipients in the
victim services area pursuant to section 2002(c)(3)
proportionate to their original allotment for the
current fiscal year.
``(B) For the first 2 fiscal years following the
date of the enactment of the Violence Against Women Act
of 2000, the Attorney General may waive the
qualification requirements of section 2002(c)(3), at
the request of the State and with the support of law
enforcement, prosecution, and victim services grantees
currently funded under this section, if the
reallocation of funds among law enforcement,
prosecution, victim services, and State and local court
systems mandated by this Act adversely impacts victims
of sexual assault, domestic violence, and stalking, due
to the reduction of funds to programs and services
funded under this section in the prior fiscal year. Any
waiver granted under this subparagraph shall not
diminish the allocation of any State for victim
services.''.
(c) Expanded Grant Purposes.--Section 2001(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
(1) in paragraph (1), by striking ``sexual assault and
domestic violence'' and inserting ``sexual assault, domestic
violence, and dating violence'';
(2) in paragraph (5), by striking ``sexual assault and
domestic violence'' and inserting ``sexual assault, domestic
violence, and dating violence''; and
(3) by striking ``and'' at the end of paragraph (6);
(4) by redesignating paragraph (7) as paragraph (10) and by
inserting after paragraph (6) the following new paragraphs:
``(7) developing, enlarging, or strengthening State and
local court programs, including training for State, local, and
tribal judges and court personnel, addressing violent crimes
against women, including sexual assault, domestic violence, and
stalking;
``(8) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
``(9) supporting the development of sexual assault response
teams to strengthen the investigation of sexual assaults and
coordinate services for victims of sexual assault; and''.
(d) Monitoring and Compliance.--Section 2002 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended by
redesignating subsections (e), (f), (g), and (h) as subsections (f),
(g), (h), and (i), respectively, and by inserting after subsection (d)
the following:
``(e) Monitoring and Compliance.--The Attorney General shall deny
applications--
``(1) that do not meet the requirements set forth in
subsections (c) and (d); and
``(2) for failure to provide documentation, including
memoranda of understanding, contract, or other documentation of
any collaborative efforts with other agencies or
organizations.''.
(e) Victim Services.--Section 2003(8) of Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking
``assisting domestic violence or sexual assault victims through the
legal process'' and inserting ``providing advocacy and assistance for
victims seeking abuse-related health care services and legal and social
services, and, except that such term shall not include programs or
activities that are targeted primarily for offenders''.
(f) Indian tribal grants.--Section 2002(b)(1) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is
amended by striking ``4 percent'' and inserting ``5 percent''.
(g) Medical Cost Reimbursement.--Section 2005(b)(3) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(b)(3))
is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by inserting after subparagraph (D) the following:
``(E) the reimbursement is not contingent upon the
victim's report of the sexual assault to law
enforcement or upon the victim's cooperation in the
prosecution of the sexual assault.''.
(h) State and Local Courts.--Section 2002(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(a)) is amended
by inserting ``, State and local courts'' after ``States'' the second
time it appears.
(i) Information Reporting.--Section 2001(b)(4) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(4)) is
amended by adding before the semicolon the following: ``, including the
reporting of such information to the National Instant Criminal
Background Check System''.
SEC. 103. STATE COALITION GRANTS.
Section 2001 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg) is amended by inserting after subsection (b)
the following new subsection:
``(c) Grants.--
``(1) To coalitions.--The Attorney General shall make
grants to each of the State domestic violence and sexual
assault coalitions in the State for the purposes of
coordinating State victim services activities, and
collaborating and coordinating with Federal, State, and local
entities engaged in violence against women activities. In no
case will such awards preclude the State domestic violence and
sexual assault coalitions from receiving grants under this part
to fulfill the purposes described in subsections (a) and (b).
``(2) Percent allocations.--Domestic violence coalitions
and sexual assault coalitions shall each receive not less than
two and one-half percent of the funds appropriated for a fiscal
year under section 1001(a)(18) for the purposes described in
paragraph (1).
``(3) Geographical Allotment.--
``(A) Amount.--The domestic violence and sexual assault
coalition in each State, the District of Columbia, the
Commonwealth of Puerto Rico, and the combined United States
Territories shall each receive an amount equal to \1/54\ of the
amount made available under paragraph (2). The combined United
States Territories shall not receive less than 1.5 percent of
the funds made available under paragraph (2) for each fiscal
year and the tribal domestic violence and sexual assault
coalitions shall not receive less than 1.5 percent of the funds
made available under paragraph (2) for each fiscal year.
``(B) Definition.--For the purposes of this section, the
term `combined United States Territories' means Guam, American
Samoa, the United States Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
``(C) Indians.--\1/54\ of the amount appropriated shall be
made available for development and operation of nonprofit
nongovernmental tribal domestic violence and sexual assault
coalitions in Indian country.
``(4) Disbursement of Geographical Allotments.--50 percent of the
\1/54\ allotted to each State, the District of Columbia, Commonwealth
of Puerto Rico, the combined United States Territories, and Indian
country under paragraph (3) shall be made available to the domestic
violence coalition as defined in section 2003(10) of this Act and 50
percent shall be made available to the sexual assault coalition as
defined in section 2003(11) of this Act; and
``(5) Component Eligibility.--In the case of combined domestic
violence and sexual assault coalitions, each component shall be deemed
eligible for the awards for sexual assault and domestic violence
activities, respectively.
``(6) Application.--In the application submitted by a coalition for
the grant, the coalition provides assurances satisfactory to the
Attorney General that the coalition--
``(A) has actively sought and encouraged the participation
of law enforcement agencies and other legal or judicial
entities in the preparation of the application; and
``(B) will actively seek and encourage the participation of
such entities in the activities carried out with the grant.''.
SEC. 104. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the heading, by adding ``AND ENFORCEMENT OF
PROTECTION ORDERS'' at the end;
(2) in section 2101(b)--
(A) in paragraph (6), by inserting ``(including
juvenile courts)'' after ``courts''; and
(B) by adding at the end the following:
``(7) To provide technical assistance and computer and
other equipment to police departments, prosecutors, courts, and
tribal jurisdictions to facilitate the widespread enforcement
of protection orders, including interstate enforcement,
enforcement between States and tribal jurisdictions, and
enforcement between tribal jurisdictions.''; and
(3) in section 2102--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and''
at the end;
(ii) in paragraph (2), by striking the
period at the end and inserting ``, including
the enforcement of protection orders from other
States and jurisdictions (including tribal
jurisdictions);''; and
(iii) by adding at the end the following:
``(3) have established cooperative agreements or can
demonstrate effective ongoing collaborative arrangements with
neighboring jurisdictions to facilitate the enforcement of
protection orders from other States and jurisdictions
(including tribal jurisdictions); and
``(4) will give priority to using the grant to develop and
install data collection and communication systems, including
computerized systems, and training on how to use these systems
effectively to link police, prosecutors, courts, and tribal
jurisdictions for the purpose of identifying and tracking
protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully
effective.''; and
(B) by adding at the end the following:
``(c) Dissemination of Information.--The Attorney General shall
annually compile and broadly disseminate (including through electronic
publication) information about successful data collection and
communication systems that meet the purposes described in this section.
Such dissemination shall target States, State and local courts, Indian
tribal governments, and units of local government.''.
(b) Eligibility for grants to encourage arrest policies.--
(1) In general.--Section 2101 of part U of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh) is amended--
(A) in subsection (c), by striking paragraph (4)
and inserting the following:
``(4) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the costs
associated with the filing of criminal charges against the
offender, or the costs associated with the filing, issuance,
registration, or service of a warrant, protection order, or
witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction.''; and
(B) by adding at the end the following:
``(d) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
(2) Application for grants to encourage arrest policies.--
Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
1(a)(1)(B)) is amended by striking ``2 years of the date of
enactment of this part'' and inserting ``the expiration of the
1-year period beginning on the date of enactment of the
Violence Against Women Act of 2000''.
SEC. 105. FILING COSTS FOR CRIMINAL CHARGES
Section 2006 of part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-5) is amended--
(A) in the heading, by striking
``filing'' and inserting ``and
protection orders'' after
``charges'';
(B) in subsection (a)--
(i) by striking paragraph (1) and inserting
the following:
``(1) certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, or in
connection with the filing, issuance, registration, or service
of a protection order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the costs
associated with the filing of criminal charges against the
offender, or the costs associated with the filing, issuance,
registration, or service of a warrant, civil or criminal
protection order, or witness subpoena, whether issued inside or
outside the State, tribal, or local jurisdiction; or''; and
(ii) in paragraph (2)(B), by striking ``2
years'' and inserting ``1 year after the date
of enactment of the Violence Against Women Act
of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
SEC. 106. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat. 1902) is amended
by adding at the end the following:
``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including
Domestic Violence and Sexual Assault Against Older or Disabled
Individuals
``SEC. 40801. DEFINITIONS.
``In this subtitle:
``(1) In general.--The terms `elder abuse, neglect, and
exploitation', and `older individual' have the meanings given
the terms in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002).
``(2) Domestic violence.--The term `domestic violence' has
the meaning given such term by section 2105 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
4).
``(3) Sexual assault.--The term `sexual assault' has the
meaning given the term in section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
``SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
``The Attorney General shall make grants to law school clinical
programs for the purposes of funding the inclusion of cases addressing
issues of elder abuse, neglect, and exploitation, including domestic
violence and sexual assault, against older or disabled individuals.
``SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.
``The Attorney General shall develop curricula and offer, or
provide for the offering of, training programs to assist law
enforcement officers, prosecutors, and relevant officers of Federal,
State, and local courts in recognizing, addressing, investigating, and
prosecuting instances of elder abuse, neglect, and exploitation,
including domestic violence and sexual assault, against older or
disabled individuals.
``SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $15,000,000 for each of
the fiscal years 2001 through 2005 to carry out this subtitle.''.
Subtitle B--National Domestic Violence Hotline
SEC. 111. REAUTHORIZATION.
Section 316(f)(1) of the Family Violence Prevention and Services
Act (42 U.S.C. 10416(f)(1)) is amended to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out the purposes of this section--
``(A) $1,600,000 for fiscal year 2001;
``(B) $1,800,000 for fiscal year 2002;
``(C) $2,000,000 for fiscal year 2003; and
``(D) $2,000,000 for fiscal year 2004.''.
SEC. 112. TECHNICAL AMENDMENTS.
Section 316 of the Family Violence Prevention and Services Act (42
U.S.C. 10416) is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following:
``(f) Reports.--Within 90 days after the date of the enactment of
the Violence Against Women Act of 2000, all entities receiving funds
pursuant to activities under subsection (a) shall prepare and submit a
report to the Secretary that evaluates the effectiveness of the use of
amounts received under such grants by such grantee and containing such
other information as the Secretary may prescribe. The Secretary shall
publish any such reports and provide at least 90 days for notice and
opportunity for public comment prior to awarding or renewing any such
grants.''.
Subtitle C--Battered Women's Shelters and Services
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Battered Women's Shelters and
Services Act''.
SEC. 122. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE
PREVENTION AND SERVICES.
Section 310(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10409(a)) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title (other than section 316)--
``(1) $120,000,000 for fiscal year 2001;
``(2) $160,000,000 for fiscal year 2002;
``(3) $200,000,000 for fiscal year 2003; and
``(4) $260,000,000 for fiscal year 2004.''.
SEC. 123. FVPSA IMPROVEMENTS.
(a) Allotment of Funds.--Section 304(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(a)) is amended--
(1) by inserting after ``grant authorized under section
303(a)'' the following: ``$500,000, with the remaining funds to
be allotted to each State in'';
(2) by striking paragraph (1), by striking the dash
preceding paragraph (1), by striking ``(2)'', and by running in
the text of paragraph (2) after ``except that''; and
(3) by striking the last sentence.
(b) Reallotment of Funds.--Section 304(d) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(d)) is amended--
(1) by inserting after ``to such State in grants under
section 303(a)'' the following: ``or Indian tribe or tribal
organization under section 303(b)'';
(2) by inserting after ``failure of such State'' the
following: ``or Indian tribe or tribal organization, or other
entity'';
(3) by inserting after ``such amount to States'' the
following: ``and Indian tribes and tribal organizations'';
(4) by inserting after ``which meet such requirements'' the
following: ``proportionate to the original allocation made
under subsection (a) or (b) of section 303, respectively''; and
(5) by redesignating paragraph (2) as paragraph (3) and
adding after paragraph (1) the following:
``(2) If, at the end of the sixth month of any fiscal year for
which sums are appropriated under section 310, the amount allotted to
an entity has not been made available to such entity in grants under
sections 308 and 311 because of the failure of such entity to meet the
requirements for a grant or because the limitation on expenditure has
been reached, then the Secretary shall reallot such amount to States
and Indian tribes and tribal organizations that meet such requirements
proportionate to the original allocation under subsection (a) or (b) of
section 303, respectively.''
(c) Training and Technical Assistance.--Section 308(a)(2) of the
Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is
amended by adding ``on providing training and technical assistance''
after ``focusing'', and by adding at the end the following: ``The
Secretary may award grants to nonprofit, nongovernmental organizations
for technical assistance and training initiatives on the subjects
identified in subsection (c) if such initiatives do not duplicate the
work of the entities funded under subsection (c) and the total amounts
awarded for such initiatives do not exceed $500,000.''
(d) Eligibility Requirements.--Section 308(c) of the Family
Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended by
adding ``on emerging issues in domestic violence service, prevention,
or law'' before ``, and'', by striking ``of domestic violence service,
prevention, or law'' after ``following areas'', and by adding after
paragraph (7) the following:
``(8) Providing technical assistance and training to local
domestic violence programs that provide shelter or related
assistance.
``(9) Improving access to services, information, and
training within Indian tribes and tribal organizations.
``(10) Responding to emerging issues in the field of
domestic violence that the Secretary may identify in
consultation with advocates representing local programs
providing shelter or related assistance, State domestic
violence coalitions, and national domestic violence
organizations.
``(11) Nothing in this section shall prohibit the Secretary
from making multiple grants to any nonprofit, nongovernmental
entity to fulfill the purposes of this section.''.
(e) Family Violence.--Section 309(1)(B) of the Family Violence
Prevention and Services Act (42 U.S.C. 10408(1)(B)) is amended by
inserting ``, with whom such person is or has been in a continuing
social relationship of a romantic or intimate nature,'' before ``or
with whom''.
(f) Section 308 Grants.--Section 310(c) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(c)) is amended by adding
after ``for each fiscal year,'' the following: ``the lesser of
$7,500,000 or''.
(g) Coalition Grants.--
(1) In general.--Section 310(d) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(d)) is amended by
striking ``not less than'' and inserting ``the lesser of
$22,000,000 or'' and by adding at the end the following: ``At
such time as the appropriation under this subsection exceeds
$11,000,000, the Secretary shall designate that of the amounts
appropriated under this subsection up to 20 percent of such
funds shall be made available in the amounts necessary to State
domestic violence coalitions for the specific purpose of
providing technical assistance and training and direct
assistance in the following areas or other priorities that may
be determined by the Secretary in consultation with State
domestic violence coalitions and programs that provide shelter
or related assistance:
``(1) Model leadership grants for domestic violence
intervention in underserved populations.--The Secretary shall
award model leadership grants of up to 3 years to not more than
10 State and tribal domestic violence coalitions and not more
than 10 local domestic violence programs providing shelter or
related assistance to develop model strategies to address
domestic violence in underserved populations as defined in
section 2003(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-2(7)). Such grants shall be made
to assess the needs of underserved populations in the State or
Indian country; build collaborative relationships with
community-based organizations serving underserved populations;
and develop and implement model community intervention
strategies to decrease the incidence of domestic violence in
underserved populations.
``(A) Eligibility.--To be eligible for a 1-year
model leadership grant under this paragraph, an
applicant shall demonstrate--
``(i) a plan for assessing the needs of
underserved populations and identifying a
specific population for development of an
intervention strategy in the year of the grant;
and
``(ii) inclusion of representatives from
community-based organizations in underserved
populations in planning, designing, and
disseminating the needs assessment instruments.
``(B) Eligibility for continued funding.--To be
eligible for continued funding of up to 2 additional
years of a 1-year model leadership grant, an applicant
shall provide--
``(i) a plan for implementing the model
strategies which includes collaborative
partnerships with community-based organizations
within the underserved populations identified;
and
``(ii) a plan for disseminating the model
strategy throughout the State or Indian
country, or to other States during year 3 of
the grant.
``(C) Priority for collaborative funding.--In
awarding grants under this paragraph, the Secretary
shall give preference to State and tribal domestic
violence coalitions and local domestic violence
shelters and programs that submit applications in
collaboration with community-based organizations
serving underserved populations. A grant may not be
made under this subsection in an amount less than
$100,000 for each fiscal year.
``(2) Direct emergency assistance to victims of domestic
violence.--
``(A) In general.--The Secretary shall award grants
to each State and tribal domestic violence coalition
for the purpose of administering an emergency
assistance fund for victims of domestic violence. Funds
received under this paragraph may be used only to
provide emergency assistance directly to victims of
domestic violence who are in the process of fleeing an
abusive situation. Emergency assistance shall include
transportation, housing, and other expenses associated
with relocation. Funds shall be requested by domestic
violence shelters and programs on behalf of victims.
``(B) Application.--Prior to receipt of emergency
assistance grants under this paragraph, the State or
tribal domestic violence coalition shall provide to the
Secretary--
``(i) a detailed description of the process
for receiving and reviewing applications for
emergency assistance;
``(ii) a detailed description of the
process for notifying domestic violence
shelters and programs about the availability of
emergency assistance funds;
``(iii) an application form that includes
the type of assistance requested, a statement
of need for the funds, a statement about the
impact of the funds on the victim's ability to
escape domestic violence, and other such
information that would be helpful in disbursing
emergency assistance funds;
``(iv) the process used to make payments to
recipients; and
``(v) a statement of procedures used to
protect the confidentiality of recipients.
``(C) Reporting.--The State or tribal domestic
violence coalition shall file an annual report to the
Secretary describing the distribution of funds to
victims of domestic violence by type and amount of
assistance provided. For reasons of safety and
confidentiality, such report shall not contain
individually identifying information.
``(3) Technical assistance and training for state, local,
and tribal domestic violence programs.--
``(A) In general.--The Secretary shall award grants
to a State or tribal domestic violence coalition for
the purpose of providing training and technical
assistance for State and tribal domestic violence
coalitions and other nonprofit, nongovernmental State,
local, and tribal domestic violence programs. Funds
received under this paragraph shall be used to conduct
regional training and technical assistance initiatives
to be developed and implemented by a nonprofit,
nongovernmental State or tribal domestic violence
coalition within each of the regions administered by
the Department of Health and Human Services. Funds
shall be used to prioritize, plan, and implement
solutions to regional problems experienced by domestic
violence coalitions and programs providing shelter or
related assistance within the region.
``(B) Eligibility.--To be eligible for a grant
under this paragraph the grantee shall have the support
of the majority of State and tribal domestic violence
coalitions within the region and shall have its
principal place of operation within the region. Nothing
in this section shall prohibit domestic violence
programs within Indian tribes from receiving technical
assistance and training under this grant program.
Grantees shall be encouraged to work in collaboration
with domestic violence advocates and organizations
outside of the region and with the national resource
center and special issue resource centers established
in this Act to provide expertise in delivering training
and technical assistance within the region.
``(C) Reporting.--The grantee State or tribal
domestic violence coalition shall file an annual report
to the Secretary describing the recipients and the type
of technical assistance and training received.''.
(2) Technical amendment.--The subsection heading for
subsection (d) is amended by inserting ``and Tribal'' after
``State''.
(h) Reports.--Section 308(e) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(e)) is amended by adding at the end the
following: ``Within 90 days after the date of the enactment of the
Violence Against Women Act of 2000, all entities receiving funds
pursuant to activities under this section shall prepare and submit a
report to the Secretary that evaluates the effectiveness of the use of
amounts received under such grants by such grantee and containing such
other information as the Secretary may prescribe. The Secretary shall
publish any such reports and provide at least 90 days for notice and
opportunity for public comment prior to awarding or renewing any such
grants.''.
(i) Involvement in Application.--Section 307(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by
adding at the end the following:
``(3) The Secretary shall deny any application that fails to
provide documentation, including memoranda of understanding, of the
specific involvement of the State or tribal domestic violence coalition
and other knowledgeable individuals and interested organizations, in
the development of the State or tribe's application.''.
(j) Tribal Domestic Violence Coalitions.--Section 303(b) of the
Family Violence Prevention Services Act (42 U.S.C. 10402(b)) is amended
by adding at the end the following:
``(4) From the amounts made available under paragraph (1), there
shall be awarded by the Secretary not less than 5 percent of such
amounts for the funding of tribal domestic violence coalitions. To be
eligible for a grant under this paragraph, an entity shall be a private
nonprofit coalition whose membership includes representatives from a
majority of the programs for victims of domestic violence operating
within the boundaries of an Indian reservation and programs whose
primary purpose is serving the populations of such Indian country and
whose board membership is representative of such programs. Such
coalitions shall further the purposes of domestic violence intervention
and prevention through activities including--
``(A) training and technical assistance for local
Indian domestic violence programs and providers of
direct services to encourage appropriate responses to
domestic violence in Indian country;
``(B) planning and conducting needs assessments and
planning for comprehensive services in Indian country;
``(C) serving as an information clearinghouse and
resource center for the Indian reservation represented
by the coalition receiving these funds;
``(D) collaborating with Indian, State, and Federal
governmental systems which affect battered women in
Indian country, including judicial and law enforcement
and child protective services agencies, to encourage
appropriate responses to domestic violence cases;
``(E) conducting public education and outreach
activities addressing domestic violence in Indian
country;
``(F) collaborating with State domestic violence
coalitions in the areas described above; and
``(G) participating in planning and monitoring of
the distribution of grants and grant funds to the
Indian reservation and tribal organizations under
paragraph (1).''
SEC. 124. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg et seq.) is amended by adding at the end the
following:
``SEC. 2007. TRANSITIONAL HOUSING ASSISTANCE.
``(a) In General.--The Attorney General shall award grants to
States, units of local government, and Indian tribes under this section
to carry out programs to provide assistance to individuals and their
dependents--
``(1) who are homeless or in need of transitional housing
or other housing assistance, as a result of fleeing domestic
violence; and
``(2) for whom emergency shelter services are unavailable
or insufficient.
``(b) Assistance Described.--Assistance provided under this section
may include--
``(1) short-term housing assistance, including rental or
utilities payments assistance, where such assistance is
necessary to prevent homelessness due to fleeing domestic
violence; and
``(2) short-term support services, including expenses and
costs associated with transportation and job training
referrals, child care, counseling, transitional housing
identification and placement, and related expenses such as
utility or security deposits and other costs incidental to
relocation to transitional housing.
``(c) Term of Assistance.--An individual or family assisted under
this section may not receive transitional housing assistance for a
total of more than 12 months.
``(d) Reports.--
``(1) Report to attorney general.--
``(A) In general.--An entity that receives a grant
under this section shall annually prepare and submit to
the Attorney General a report describing the number of
individuals and dependents assisted, and the types of
housing assistance and support services provided, under
this section.
``(B) Contents.--Each report shall include
information on--
``(i) the purpose and amount of housing
assistance provided to each individual or
dependent assisted under this section;
``(ii) the number of months each individual
or dependent received the assistance;
``(iii) the number of individuals and
dependents who were eligible to receive the
assistance, and to whom the entity could not
provide the assistance solely due to a lack of
available housing; and
``(iv) the type of support services
provided to each individual or dependent
assisted under this section.
``(2) Report to congress.--The Attorney General shall
annually prepare and submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a compilation of
the information contained in reports submitted under paragraph
(1).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section--
``(1) $25,000,000 for each of fiscal years 2001 through
2003; and
``(2) $30,000,000 for each of fiscal years 2004 and
2005.''.
Subtitle D--Community Initiatives
SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.
(a) Authorization.--Section 318(h) of the Family Violence
Prevention and Services Act (42 U.S.C. 10418(h)) is amended to read as
follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $8,000,000 for fiscal year 2001;
``(2) $9,000,000 for fiscal year 2002;
``(3) $10,000,000 for fiscal year 2003; and
``(4) $11,000,000 for fiscal year 2004.''.
(b) Information.--Subsection (i) of section 318 of the Family
Violence Prevention and Services Act (42 U.S.C. 10418) is amended by
inserting the text of the subsection as a cut-in paragraph (1) with the
heading ``In general.--'' and by adding at the end the following:
``(2) Information.--The Secretary shall annually compile
and broadly disseminate (including through electronic
publication) information about the use of funds and about the
projects funded under this section, including any evaluations
of the projects and information to enable replication and
adoption of the strategies identified in the projects. Such
dissemination shall target other community-based programs,
including domestic violence and sexual assault programs.''.
Subtitle E--Education and Training for Judges and Court Personnel
SEC. 141. REAUTHORIZATION.
(a) Grants for Education and Training for Judges and Court
Personnel in State Courts.--
(1) Section 40412.--Section 40412 of the Equal Justice for
Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking ``and'' at the end of paragraph
(18);
(B) by striking the period at the end of paragraph
(19) and inserting a semicolon; and
(C) by inserting after paragraph (19) the
following:
``(20) the issues raised by domestic violence in
determining custody and visitation, including how to protect
the safety of the child and of a parent who is not a
predominant aggressor of domestic violence, the legitimate
reasons parents may report domestic violence, the ways domestic
violence may relate to an abuser's desire to seek custody, and
evaluating expert testimony in custody and visitation
determinations involving domestic violence;
``(21) the issues raised by child sexual assault in
determining custody and visitation, including how to protect
the safety of the child, the legitimate reasons parents may
report child sexual assault, and evaluating expert testimony in
custody and visitation determinations involving child sexual
assault, including the current scientifically-accepted and
empirically valid research on child sexual assault;
``(22) the extent to which addressing domestic violence and
victim safety contributes to the efficient administration of
justice;''.
(2) Section 40414.--Section 40414(a) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is
amended by inserting ``and $1,500,000 for each of the fiscal
years 2001 through 2005'' after ``1996''.
(b) Grants for Education and Training for Judges and Court
Personnel in Federal Courts.--
(1) Section 40421.--Section 40421(d) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is
amended to read as follows:
``(d) Continuing Education and Training Programs.--The Federal
Judicial Center, in carrying out section 620(b)(3) of title 28, United
States Code, shall include in the educational programs it prepares,
including the training programs for newly appointed judges, information
on the aspects of the topics listed in section 40412 that pertain to
issues within the jurisdiction of the Federal courts, and shall prepare
materials necessary to implement this subsection.''.
(2) Section 40422.--Section 40422(2) of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is
amended by inserting ``and $500,000 for each of the fiscal
years 2001 through 2005'' after ``1996''.
(c) Technical Amendments to the Equal Justice for Women in the
Courts Act of 1994.--
(1) Ensuring collaboration with domestic violence and
sexual assault programs.--Section 40413 of the Equal Justice
for Women in the Courts Act of 1994 (42 U.S.C. 13993) is
amended by adding ``, including national, State, tribal, and
local domestic violence and sexual assault programs and
coalitions'' after ``victim advocates''.
(2) Participation of tribal courts in state training and
education programs.--Section 40411 of the Equal Justice for
Women in the Courts Act of 1994 (42 U.S.C. 13991) is amended by
adding at the end the following: ``Nothing shall preclude the
attendance of tribal judges and court personnel at programs
funded under this section for States to train judges and court
personnel on the laws of the States.''
(3) Use of funds for dissemination of model programs.--
Section 40414 of the Equal Justice for Women in the Courts Act
of 1994 (42 U.S.C. 13994) is amended by adding at the end the
following:
``(c) State Justice Institute.--The State Justice Institute may use
up to 5 percent of the funds appropriated under this section for
annually compiling and broadly disseminating (including through
electronic publication) information about the use of funds and about
the projects funded under this section, including any evaluations of
the projects and information to enable the replication and adoption of
the projects.''.
(d) Dating Violence.--
(1) Section 40411.--Section 40411 of the Equal Justice for
Women in Courts Act of 1994 (42 U.S.C 13991) is amended by
inserting ``dating violence,'' after ``domestic violence,''.
(2) Section 40412.--Section 40412 of such Act (42 U.S.C
13992) is amended--
(A) in paragraph (10), by inserting ``and dating
violence'' before the semicolon;
(B) in paragraph (11), by inserting ``and dating''
after ``domestic'';
(C) in paragraph (13), by inserting ``and dating''
after ``domestic'' in both places that it appears;
(D) in paragraph (17) by inserting ``or dating''
after ``domestic'' in both places that it appears; and
(E) in paragraph (18), by inserting ``and dating''
after ``domestic''.
Subtitle F--Grants To Encourage Arrest Policies
SEC. 151. REAUTHORIZATION.
Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) $63,000,000 for fiscal year 2001;
``(E) $67,000,000 for fiscal year 2002;
``(F) $70,000,000 for fiscal year 2003;
``(G) $70,000,000 for fiscal year 2004; and
``(H) $70,000,000 for fiscal year 2005.''.
SEC. 152. TECHNICAL AMENDMENT.
Section 2101 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (b)(2), by inserting ``and dating'' after
``domestic'';
(2) in subsection (b)(5), by inserting ``and dating'' after
``domestic''; and
(3) by adding at the end the following:.
``(e) Disbursement.--At least 5 percent of the funds appropriated
under 1001(a)(19) shall be used for grants to Indian tribal
governments.''.
Subtitle G--Rural Domestic Violence and Child Abuse Enforcement
SEC. 161. REAUTHORIZATION.
Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (42
U.S.C. 13971(c)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) $35,000,000 for each of the fiscal years
2001, 2002, 2003, 2004, and 2005.''.
SEC. 162. TECHNICAL AMENDMENTS.
Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971) is amended--
(1) in subsection (a)(1), by inserting ``and dating'' after
``domestic'';
(2) in subsection (a)(2), by inserting ``and dating'' after
``domestic''; and
(3) in subsection (c), by adding at the end the following:.
``(3) Disbursement.--At least 5 percent of the funds
appropriated under paragraph (1) shall be used for grants to
Indian tribal governments.''.
Subtitle H--National Stalker and Domestic Violence Reduction
SEC. 171. TECHNICAL AMENDMENTS.
Section 40602(a) of the Violence Against Women Act of 1994 (42
U.S.C. 14031(a)) is amended by inserting ``and implement'' after
``improve''.
SEC. 172. REAUTHORIZATION.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.
14032) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) $3,000,000 for each of the fiscal years 2001, 2002,
2003, 2004, and 2005.''.
Subtitle I--Federal Victims' Counselors
SEC. 181. REAUTHORIZATION.
The text of section 40114 of the Safe Streets for Women Act of 1994
is amended to read as follows: ``There are authorized to be
appropriated for the United States Attorneys for the purpose of
appointing Victim/Witness Counselors for the prosecution of domestic
violence and sexual assault crimes where applicable (such as the
District of Columbia) $1,000,000 for each of the fiscal years 2001,
2002, 2003, 2004, and 2005.''.
Subtitle J--Education and Prevention Grants To Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
SEC. 191. REAUTHORIZATION.
Section 316(c) of the Runaway and Homeless Youth Act (42 U.S.C.
5712d(c)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) $22,000,000 for each of the fiscal years 2001, 2002,
2003, and 2004.''.
SEC. 192. DISSEMINATION OF INFORMATION.
Section 316 of part A of the Runaway and Homeless Youth Act (42
U.S.C. 5712d) is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following:
``(d) Information.--The Secretary shall annually compile and
broadly disseminate (including through electronic publication)
information about the use of funds and about the projects funded under
this subtitle, including any evaluations of the projects and
information to enable replication and adoption of the strategies
identified in the projects. Such dissemination shall target community-
based programs, including domestic violence and sexual assault
programs.''.
Subtitle K--Victims of Child Abuse Programs
SEC. 193. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13014(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) $12,000,000 for each of the fiscal years 2001, 2002,
2003, and 2004.''
SEC. 194. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) $2,300,000 for each of the fiscal years 2001, 2002,
2003, and 2004.''.
SEC. 195. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.
Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by inserting after subparagraph (E) the following:
``(F) $1,000,000 for each of the fiscal years 2001, 2002,
2003, 2004, and 2005.''.
SEC. 196. DISSEMINATION OF INFORMATION.
Section 40156 of the Violence Against Women Act of 1994 is amended
by inserting at the end the following:
``(d) Information.--The Attorney General shall annually compile and
broadly disseminate (including through electronic publication)
information about the use of funds and about the projects funded under
this section, including any evaluations of the projects and information
to enable replication and adoption of the strategies identified in the
projects. Such dissemination shall target community-based programs,
including domestic violence and sexual assault programs.''.
TITLE II--SEXUAL ASSAULT PREVENTION
SEC. 201. TRANSFER OF RAPE PREVENTION AND EDUCATION PROGRAM.
Part J of title III of the Public Health Service Act is amended by
inserting after section 393A the following new section:
``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(a) Grants.--
``(1) Permitted use.--Notwithstanding section 1904(a)(1),
amounts transferred by the State for use under this part shall
be used for rape prevention and education programs conducted by
rape crisis centers and private nonprofit nongovernmental State
and tribal sexual assault coalitions for--
``(A) educational seminars;
``(B) the operation of hotlines;
``(C) training programs for professionals;
``(D) the preparation of informational material;
and
``(E) other efforts to increase awareness of the
facts about, or to help prevent, sexual assault,
including efforts to increase awareness in underserved
populations (as defined in section 2003(7) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2(7)).
``(2) Terms.--
``(A) Populations.--The Secretary shall make grants
under subsection (a) to each State on the basis of the
population of the State.
``(B) Rape prevention and education programs.--No
State may use funds made available by reason of
paragraph (1) in any fiscal year for administration of
any prevention program other than the rape prevention
and education program for which grants are made under
paragraph (1).
``(C) Availability.--Any amount paid to a State for
a fiscal year and remaining unobligated at the end of
such year shall remain available for the next fiscal
year to such State for the purposes for which it was
made.
``(D) Administrative and technical assistance.--The
Secretary shall use not more than 5 percent of the
funds available under paragraph (1) for the purposes of
administrative and technical assistance.
``(E) Targeting of education programs.--States
receiving grant moneys under paragraph (1) shall ensure
that at least 25 percent of the moneys are devoted to
educational programs targeted for middle school, junior
high, and high school aged students. The programs
targeted under this subsection shall be conducted by
rape crisis centers and State and tribal sexual assault
coalitions.
``(b) National Resource Center.--
``(1) Establishment.--At such time as appropriations under
subsection (c) reach at least $80,000,000, the Secretary of
Health and Human Services shall, through the National Center
for Injury Prevention and Control at the Centers for Disease
Control and Prevention, establish a National Resource Center on
Sexual Assault to provide resource information, policy,
training, and technical assistance to Federal, State, and
Indian tribal agencies, as well as to State and tribal sexual
assault coalitions and local sexual assault programs and to
other professionals and interested parties on issues relating
to sexual assault. The Resource Center shall maintain a central
resource library in order to collect, prepare, analyze, and
disseminate information and statistics and analyses thereof
relating to the incidence and prevention of sexual assault.
``(2) Eligible organizations.--The Secretary shall award a
grant under paragraph (1) to a private nonprofit organization
which can--
``(A) demonstrate that it has recognized expertise
in the area of sexual assault and a record of high-
quality services to victims of sexual assault,
including a demonstration of support from advocacy
groups, such as State and tribal sexual assault
coalitions or recognized national sexual assault
groups; and
``(B) demonstrate a commitment to diversity and to
the provision of services to underserved populations as
defined in section 2003(7) of the Omnibus Crime Control
and Safe Street Act of 1968 (42 U.S.C. 3796gg-2(7)).
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $80,000,000 for fiscal year 2001;
``(B) $105,000,000 for fiscal year 2002;
``(C) $105,000,000 for fiscal year 2003;
``(D) $155,000,000 for fiscal year 2004; and
``(E) $155,000,000 for fiscal year 2005.
Funds authorized to be appropriated under this section are
appropriated from the Violent Crime Reduction Fund pursuant to
section 310001(c) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211(c)) and paragraph (16)
under the definition of prevention program in section 310004(d)
of such Act (42 U.S.C. 14214(d)).
``(2) Sexual assault coalitions.--At such time as
appropriations under subsection (c) reach at least $80,000,000,
the Secretary shall designate 15 percent of the total amount
appropriated to be used for making grants to nonprofit,
nongovernmental State sexual assault coalitions to address
public health issues associated with sexual assault through
training, resource development, or similar research.
``(3) Indian country.--At such time as the appropriations
under subsection (c) reach at least $80,000,000, there shall be
awarded by the Secretary not less than 5 percent of such
amounts for the funding of tribal sexual assault coalitions. To
be eligible for a grant under this paragraph, an entity shall
be a private nonprofit coalition whose membership includes
representatives from a majority of the programs for adult and
child victims of sexual assault operating within the boundaries
of such Indian country and programs whose primary purpose is
serving the population of an Indian reservation, and whose
board membership is representative of such programs. Such
coalitions shall further the purposes of sexual assault
intervention and prevention through activities including--
``(A) training and technical assistance for local
Indian sexual assault programs and providers of direct
services to encourage appropriate responses to sexual
assault in Indian country;
``(B) planning and conducting needs assessments and
planning for comprehensive services in Indian country;
``(C) serving as an information clearinghouse and
resource center for any Indian reservation represented
by the coalition receiving these funds;
``(D) collaborating with Indian, State, and Federal
systems which affect adult and child victims of sexual
assault in Indian country, including judicial, law
enforcement, and child protective services agencies, to
encourage appropriate responses to sexual assault
cases;
``(E) conducting public education and outreach
activities addressing sexual assault in Indian country;
``(F) collaborating with sexual assault coalitions
in the areas described above; and
``(G) participating in planning and monitoring of
the distribution of grants and grant funds to Indian
reservation and tribal organizations under this
section.
``(4) Subsection (b) allotment.--Of the amount appropriated
for any fiscal year under this section, at least $1,000,000
shall be made available for grants under subsection (b), with
yearly increases of at least 10 percent of the prior year's
allotment.
``(d) Limitations.--
``(1) A State may use funds under subsection (a) only so as
to supplement and, to the extent practicable, increase the
level of funds that would be available from non-Federal sources
for the activities described in subsection (a), and in no case
may such funds be used to supplant funds from other sources.
``(2) A State may not use more than 2 percent of the funds
received in each fiscal year under this section for
surveillance studies or prevalence studies and funds for such
studies shall be available only at such time as appropriations
under subsection (c) reach at least $80,000,000.
``(3) A State may not use more than 5 percent of funds
received in each fiscal year under subsection (a) for
administrative expenses.
``(e) Definitions.--
``(1) Indian country.--The term `Indian Country' has the
same meaning as is given such term by section 1151 of title 18,
United States Code.
``(2) Rape prevention and education.--For purposes of this
section, the term `rape prevention and education' includes
education and prevention efforts directed at sexual offenses
committed by offenders who are not known to the victim as well
as offenders who are known to the victim.
``(3) Sexual assault.--The term `sexual assault' means any
conduct proscribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special maritime
and territorial jurisdiction of the United States or in a
Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related
by blood or marriage to the victim.
``(4) Rape crisis center.--The term `rape crisis center'
means a private, nonprofit, nongovernmental organization that
is organized, or has as one of its primary purposes, to provide
services for victims of sexual assault and has a record of
commitment and demonstrated experience in providing services to
victims of sexual assault.
``(5) Sexual assault program.--The term `sexual assault
program' means a private, nonprofit, nongovernmental
organization that is organized, or has as one of its primary
purposes, to provide services for victims of sexual assault and
has a record of commitment and demonstrated experience in
providing services to victims of sexual assault.
``(6) Sexual assault coalition.--The term `sexual assault
coalition' means a coalition that coordinates State victim
service activities, and collaborates and coordinates with
Federal, State, and local entities to further the purposes of
sexual assault intervention and prevention.''.
SEC. 202. RAPE PREVENTION EDUCATION.
(a) Repeal.--The section added by section 40151 of the Violence
Against Women Act of 1994 is repealed.
(b) Effective Date.--The repeal made by subsection (a) of this
section shall take effect the day after the date of enactment of this
Act.
SEC. 203. SEXUAL ASSAULT AND INTERPERSONAL VIOLENCE; DEMONSTRATION
PROJECTS.
(a) Demonstration Projects.--Section 393 of the Public Health
Service Act (42 U.S.C. 280b-1a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following
subsection:
``(b)(1) With respect to all victims of sexual assault and
interpersonal violence who present at hospital emergency rooms and
other sites offering services to such victims, demonstration projects
under subsection (a)(6) shall include projects in which, on a 24-hour
basis, nurses and other health care professionals at such rooms and
sites who are trained in accordance with protocols under paragraph
(2)--
``(A) identify victims of such violence;
``(B) collect physical evidence from the victims that may
be of use in judicial proceedings regarding the violence; and
``(C) provide information and appropriate referrals to rape
crisis center programs and victim service providers, including
referrals to health-related services and social services.
``(2) In carrying out paragraph (1), the Secretary shall carry out
a program to train nurses and other health care professionals to
provide the services described in such paragraph. The program shall
develop a protocol for such training.''.
(b) Effective Date.--The amendment made by subsection (a) to
section 393 of the Public Health Service Act (42 U.S.C. 280b-1a) shall
apply to demonstration projects funded under subsection (a)(6) of such
Act which are ongoing on the date of the enactment of this Act.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
SEC. 301. CIVIL LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--The purpose of this section is to enable the
Attorney General to award grants to increase the availability of civil
legal assistance necessary to provide effective aid to victims of
domestic violence, dating violence, stalking, or sexual assault who are
seeking relief in legal matters arising as a consequence of that abuse
or violence, at minimal or no cost to the victims.
(b) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(2) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(3) Civil legal assistance for victims.--The term ``civil
legal assistance'' includes legal assistance to victims of
domestic violence, dating violence, stalking, and sexual
assault in any administrative, civil, judicial, family, or
immigration proceeding. No funds made available under this
section may be used to provide financial assistance in support
of any litigation described in paragraph (14) of section 504(a)
of Public Law 104-134.
(4) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(c) Legal Assistance for Victims Grants.--The Attorney General may
award grants under this subsection to private nonprofit entities,
Indian tribal governments, tribally recognized organizations, qualified
Legal Services Corporation grantees, other voluntary legal services
organizations, and publicly funded organizations not acting in a
governmental capacity such as law schools, and which shall be used--
(1) to implement, expand, and establish cooperative efforts
and projects between domestic violence and sexual assault
victim services organizations and legal assistance providers to
provide legal assistance for victims of domestic violence,
stalking, and sexual assault;
(2) to implement, expand, and establish efforts and
projects to provide legal assistance for victims of domestic
violence, stalking, and sexual assault by organizations with a
demonstrated history of providing direct legal or advocacy
services on behalf of these victims; and
(3) to provide training, technical assistance, and data
collection to improve the capacity of grantees and other
entities to offer legal assistance to victims of domestic
violence, stalking, and sexual assault.
(d) To be eligible for a grant under subsection (c), applicants
shall certify in writing that--
(1) any person providing civil legal assistance through a
program funded under subsection (c) has completed or will
complete training in connection with domestic violence or
sexual assault and related legal issues;
(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a State, local, or tribal
domestic violence or sexual assault program or coalition, as
well as appropriate State and local law enforcement officials;
(3) any person or organization providing civil legal
assistance through a program funded under subsection (c) has
informed and will continue to inform State, local, or tribal
domestic violence or sexual assault programs and coalitions, as
well as appropriate State and local law enforcement officials
of their work; and
(4) the grantee's organizational policies do not require
mediation or counseling involving offenders and victims
physically together, in cases where sexual assault, domestic
violence, or child sexual abuse is an issue.
(e) Evaluation.--The Attorney General may evaluate the grants
funded under this section through contracts or other arrangements with
entities expert on domestic violence, stalking, and sexual assault, and
on evaluation research.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section--
(A) $35,250,000 for fiscal year 2001;
(B) $40,000,000 for fiscal year 2002;
(C) $45,000,000 for fiscal year 2003;
(D) $50,000,000 for fiscal year 2004; and
(E) $55,000,000 for fiscal year 2005;
(2) Allocation of funds.--
(A) Tribal programs.--Of the amount made available
under this subsection in each fiscal year, not less
than 5 percent shall be used for grants for programs
that assist victims of domestic violence, stalking, and
sexual assault on lands within the jurisdiction of an
Indian tribe.
(B) Victims of sexual assault.--Not less than 25
percent of the funds used for direct services,
training, and technical assistance shall be used to
support projects focused solely or primarily on civil
legal assistance for victims of sexual assault.
(3) Nonsupplantation.--Amounts made available under this
section shall be used to supplement and not supplant other
Federal, State, and local funds expended to further the purpose
of this section.
Subtitle B--Limiting the Effects of Violence on Children
SEC. 305 . SAFE HAVENS FOR CHILDREN PILOT PROGRAM.
(a) In General.--The Attorney General may award grants to States,
units of local government, and Indian tribal governments that propose
to enter into or expand the scope of existing contracts and cooperative
agreements with public or private nonprofit entities to provide
supervised visitation and safe visitation exchange of children by and
between parents in cases of domestic violence, child abuse, or sexual
assault.
(b) Considerations.--In awarding grants under subsection (a), the
Attorney General shall take into account--
(1) the number of families to be served by the proposed
visitation programs and services;
(2) the extent to which the proposed supervised visitation
programs and services serve underserved populations (as defined
in section 2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
(3) with respect to an applicant for a contract or
cooperative agreement, the extent to which the applicant
demonstrates cooperation and collaboration with nonprofit,
nongovernmental entities in the local community served,
including the State domestic violence coalition, State sexual
assault coalition, local shelters, and programs for domestic
violence and sexual assault victims; and
(4) the extent to which the applicant demonstrates
coordination and collaboration with State and local court
systems, including mechanisms for communication and referral.
(c) Applicant Requirements.--The Attorney General shall award
grants for contracts and cooperative agreements to applicants that--
(1) demonstrate expertise in the area of family violence,
including the areas of domestic violence or sexual assault, as
appropriate;
(2) ensure that any fees charged to individuals for use of
programs and services are based on the income of those
individuals, unless otherwise provided by court order;
(3) demonstrate that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, are in place for the operation of
supervised visitation programs and services or safe visitation
exchange; and
(4) prescribe standards by which the supervised visitation
or safe visitation exchange will occur.
(d) Reporting.--
(1) In general.--Not later than 1 year after the last day
of the first fiscal year commencing on or after the date of
enactment of this Act, and not later than 180 days after the
last day of each fiscal year thereafter, the Attorney General
shall submit to Congress a report that includes information
concerning--
(A) the number of--
(i) individuals served and the number of
individuals turned away from visitation
programs and services and safe visitation
exchange (categorized by State);
(ii) the number of individuals from
underserved populations served and turned away
from services; and
(iii) the type of problems that underlie
the need for supervised visitation or safe
visitation exchange, such as domestic violence,
child abuse, sexual assault, other physical
abuse, or a combination of such factors;
(B) the numbers of supervised visitations or safe
visitation exchanges ordered under this section during
custody determinations under a separation or divorce
decree or protection order, through child protection
services or other social services agencies, or by any
other order of a civil, criminal, juvenile, or family
court;
(C) the process by which children or abused
partners are protected during visitations, temporary
custody transfers, and other activities for which
supervised visitation is established under this
section;
(D) safety and security problems occurring during
the reporting period during supervised visitation under
this section, including the number of parental
abduction cases; and
(E) the number of parental abduction cases in a
judicial district using supervised visitation programs
and services under this section, both as identified in
criminal prosecution and custody violations.
(2) Guidelines.--The Attorney General shall establish
guidelines for the collection and reporting of data under this
subsection.
(e) Authorization of Appropriations.--There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $15,000,000 for
each of fiscal years 2001 and 2002.
(f) Allotment for Indian Tribes.--Not less than 5 percent of the
total amount made available for each fiscal year to carry out this
section shall be available for grants to Indian tribal governments.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
SEC. 310. FINDINGS.
The Congress finds that--
(1) women with disabilities are more likely to be the
victims of abuse and violence than women without disabilities
because of their increased physical, economic, social, or
psychological dependence on others;
(2) in domestic violence cases, women with disabilities
stay with their batterers almost twice as long as women without
disabilities;
(3) violence and abuse against women with disabilities
takes many forms, including verbal abuse, physical abuse,
sexual assault, forced isolation, control over economic
resources, and the withholding of equipment, medication,
transportation, or personal care assistance;
(4) many women with disabilities fail to report abuse
because they are dependent on their abusers and fear being
abandoned or institutionalized;
(5) many women with disabilities are unable to leave
abusive or violent spouses or cohabitants because of the
inaccessibility of services or the fear of abandoning dependent
children; and
(6) law enforcement, the criminal justice system, legal
services, and victim services are often not equipped or trained
to effectively identify and respond to abuse or violence
against women with disabilities.
SEC. 311. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
Section 2001(b)(5) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(b)), as amended by section 141(a)(1), is
amended by inserting before the semicolon at the end the following:
``and forms of violence and abuse particularly suffered by women with
disabilities''.
SEC. 312. VIOLENCE AGAINST WOMEN ACT.
Section 40412 of the Equal Justice for Women in the Courts Act of
1994 (42 U.S.C. 13992) is amended--
(1) in paragraph (6), by inserting ``, stereotyping of
persons with disabilities who are victims of rape, sexual
assault, abuse, or violence'' after ``racial stereotyping of
rape victims'';
(2) in paragraph (13), by inserting ``or among persons with
disabilities,'' after ``socioeconomic groups,''; and
(3) by inserting after paragraph (22) the following:
``(23) issues related to violence and abuse against persons
with disabilities, including the nature of physical, mental,
and communications disabilities, the special vulnerability to
violence of persons with disabilities, and the types of
violence and abuse experienced by persons with disabilities;
``(24) the requirements placed on courts and judges under
existing disability laws, including the requirements to provide
appropriate auxiliary aids and services and to ensure physical
access; and
``(25) the stereotypes regarding the fitness of persons
with disabilities to retain custody of children, especially in
domestic violence cases.''.
SEC. 313. GRANTS FOR TECHNICAL ASSISTANCE.
(a) In General.--The Attorney General shall make grants to States,
nongovernmental private entities, and tribal organizations to provide
education and technical assistance for the purpose of providing
training, consultation, and information on violence, abuse, and sexual
assault against women who are individuals with disabilities (as defined
in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
(b) Priorities.--In making grants under this section, the Attorney
General shall give priority to applications designed to provide
education and technical assistance on--
(1) the nature, definition, and characteristics of
violence, abuse, and sexual assault experienced by women who
are individuals with disabilities;
(2) outreach activities to ensure that women who are
individuals with disabilities who are victims of violence,
abuse, and sexual assault receive appropriate assistance;
(3) the requirements of shelters and victim services
organizations under Federal anti-discrimination laws, including
the Americans with Disabilities Act of 1990 and section 504 of
the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services
may accommodate the needs of individuals with disabilities in
accordance with the Americans with Disabilities Act of 1990.
(c) Uses of Grants.--Each recipient of a grant under this section
shall provide information and training to national, State, local, and
tribal organizations and programs that provide services to individuals
with disabilities, including independent living centers, disability-
related service organizations, domestic violence programs providing
shelter or related assistance, rape crisis centers, and programs
providing sexual assault services, other victim services organizations,
and women with disabilities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established
under section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section $10,000,000 for
each of fiscal years 2001 through 2005.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
SEC. 315. SHORT TITLE.
This subtitle may be cited as the ``Standards, Practice, and
Training for Sexual Assault Forensic Examinations Act''.
SEC. 316. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) In General.--The Attorney General shall--
(1) evaluate existing standards of training and practice
for licensed health care professionals performing sexual
assault forensic examinations and develop a national
recommended standard for training;
(2) recommend sexual assault forensic examination training
for all health care students to improve the recognition of
injuries suggestive of rape and sexual assault and baseline
knowledge of appropriate referrals in victim treatment and
evidence collection; and
(3) review existing national, State, tribal, and local
protocols on sexual assault forensic examinations, and based on
this review, develop a recommended national protocol and
establish a mechanism for its nationwide dissemination.
(b) Consultation.--The Attorney General shall consult with
national, State, tribal, and local experts in the area of rape and
sexual assault, including rape crisis centers, State and tribal sexual
assault and domestic violence coalitions and programs, and programs for
criminal justice, forensic nursing, forensic science, emergency room
medicine, law, social services, and sex crimes in underserved
communities (as defined in section 2003(7) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) as amended by
section 2(d)).
(c) Report.--The Attorney General shall ensure that no later than 1
year after the date of enactment of this Act, a report of the actions
taken pursuant to subsection (a) is submitted to Congress.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
Subtitle E--Domestic Violence Task Force
SEC. 320. DOMESTIC VIOLENCE TASK FORCE
The Violence Against Women Act of 1994 (108 Stat. 1902), as amended
by section 107, is amended by adding at the end the following:
``Subtitle I--Domestic Violence Task Force
``SEC. 40901. TASK FORCE.
``(a) Establish.--The Attorney General, in consultation with
national nonprofit, nongovernmental organizations whose primary
expertise is in domestic violence, shall establish a task force to
coordinate research on domestic violence and to report to Congress on
any overlapping or duplication of efforts on domestic violence issues.
The task force shall be comprised of representatives from all Federal
agencies that fund such research.
``(b) Uses of Funds.--Funds appropriated under this section shall
be used to--
``(1) develop a coordinated strategy to strengthen research
focused on domestic violence education, prevention, and
intervention strategies;
``(2) track and report all Federal research and
expenditures on domestic violence; and
``(3) identify gaps and duplication of efforts in domestic
violence research and governmental expenditures on domestic
violence issues.
``(c) Report.--The Task Force shall report to Congress annually on
its work under subsection (b).
``(d) Definition.--For purposes of this section, the term `domestic
violence' has the meaning given such term by section 2003 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2(1).
``(e) Authorization of Appropriation.--There are authorized to be
appropriated $500,000 for each of the fiscal years 2001 through 2004 to
carry out this section.''.
Purpose and Summary
H.R. 1248 would reauthorize and make key improvements in
programs created by the ``Violence Against Women Act of 1994''
(title IV of the ``Violent Crime Control and Law Enforcement
Act of 1994,'' P.L. 103-322). Those programs include: Law
Enforcement and Prosecution Grants to Combat Violence Against
Women; National Domestic Violence Hotline; Battered Women's
Shelter and Services; Grants for Community Initiatives;
Education and Training for Judges and Court Personnel; Grants
to Encourage Arrest Polices; Rural Domestic Violence And Child
Abuse Enforcement; National Stalker and Domestic Violence
Reduction; Federal Victims' Counselors; Education and
Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless,
and Street Youth; Victims of Child Abuse; and, Rape Prevention
Education. It would also create several new programs,
including: Civil Legal Assistance for Victims; Safe Havens for
Children Pilot Program; Protections Against Violence and Abuse
for Women with Disabilities; Standards, Practice, and Training
for Sexual Assault Examinations; and, a requirement that a
Domestic Violence Task Force report back to Congress on any
overlapping or duplication of Federal agency efforts addressing
domestic violence.
It is the view of the committee that, while the general
purpose of the grants program is to combat violent crimes
against women, the Department of Justice should not preclude
the use of funds under this act to address crimes which affect
both men and women.
Background and Need for the Legislation
In response to growing rates of crimes committed against
women, Congress passed the Violence Against Women Act (VAWA) as
Title IV of the Violent Crime Control and Law Enforcement Act
of 1994. VAWA created new criminal enforcement authority and
enhanced penalties to combat sexual assault and domestic
violence in Federal court. It also authorized grant programs to
fight violence against women by providing funds to State and
local law enforcement agencies, as well as for education,
prevention, and outreach programs. To date, Congress has
appropriated more than $1.5 billion for the act, and the
appropriation authority for VAWA expires at the end of this
fiscal year.
VAWA programs have aided the prosecution of domestic
violence, sexual assault and child abuse cases across the
country, and have increased victim services like domestic
violence shelters for women. Yet, despite the dramatic drop in
most categories of crime across the country over the past
several years, violent crime committed against women is still a
serious problem. For example, nearly one in every three adult
women experiences at least one physical assault by a partner
during adulthood.
Moreover, women are at increased risk of harm after
separation from an abusive partner. Separated women are three
times more likely than divorced women and 25 times more likely
than married women to be victims of violence at the hands of an
intimate partner. According to the National Crime Victimization
Survey data from the Justice Department, between 1992 and 1996,
women and girls over 12 experienced annually, on average,
960,000 incidents of assault, rape, and murder at the hands of
a current or former spouse or intimate partner. During the same
period, the same surveys found that men were victims of about
150,000 violent crimes by current or former spouses or intimate
partners. Other surveys have found a much higher rate of
domestic violence against women.
Hearings
The committee's Subcommittee on Crime held one hearing on
H.R. 1248 on Wednesday, September 29, 1999. Testimony was
received from Bonnie J. Campbell, Director, Violence Against
Women Office, Department of Justice; Juley Fulcher, Public
Policy Director, National Coalition Against Domestic Violence;
Carole Alexander, Executive Director, House of Ruth; and
Patrick Fagan, Heritage Foundation.
Committee Consideration
On Thursday, May 4, 2000 the Subcommittee on Crime met in
open session and ordered favorably reported the bill H.R. 1248,
as amended, by voice vote, a quorum being present. On
Wednesday, June 21, 2000, the committee met in open session on
this matter, and then met again on Tuesday, June 27, 2000 and
ordered favorably reported the bill H.R. 1248, as amended, by
voice vote, a quorum being present.
Votes of the Committee
Subject: Conyers/Rothman amendment to the amendment in the
nature of a substitute to H.R. 1248 to significantly broaden
the definition of ``domestic violence.'' By a rollcall vote of
11 yeas to 14 nays, the amendment was defeated.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
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Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. .............. ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. .............. ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. .............. ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... .............. .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... .............. .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... X .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 11 14 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Conyers/Scott/Jackson Lee amendment to the
amendment in the nature of a substitute to H.R. 1248, as
modified by Mr. Frank's perfecting amendment to broaden the
definition of underserved population by striking ``of special
needs'' and insert ``of sexual orientation, religion, alienage
status, or special needs'' and to include gender identification
language within the definition. By a rollcall vote of 11 yeas
to 16 nays, the amendment was defeated.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. .............. ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. X ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. .............. ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. X ..............
Mr. Vitter...................................................... .............. .............. ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... .............. .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... X .............. ..............
Mr. Scott....................................................... .............. .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... X .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 11 16 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Conyers/Nadler/Baldwin substitute amendment to the
Hutchinson amendment to the amendment in the nature of a
substitute to H.R. 1248 to authorize a less defined and more
expensive civil legal assistance program. By a rollcall vote of
8 yeas to 12 nays, the amendment was defeated.
ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. .............. ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. .............. ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. .............. ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. .............. ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. .............. ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... .............. .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. .............. .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 8 12 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Baldwin perfecting amendment to the Hutchinson
amendment to the amendment in the nature of a substitute to
H.R. 1248 to significantly broaden the definition of civil
legal assistance available under the bill. By a rollcall vote
of 8 yeas to 14 nays, the amendment was defeated.
ROLLCALL NO. 4
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. .............. ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. .............. ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. .............. ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... .............. .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. .............. .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 8 14 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Conyers perfecting amendment to the Hutchinson
amendment to the amendment in the nature of a substitute to
H.R. 1248 to insert on page 2 line 6, after ``issues'' ``except
in cases where the life or health of the expectant mother is at
risk, or the pregnancy results from rape or incest,'' the
effect of which would have been to significantly broaden the
definition of civil legal assistance. By a rollcall vote of 8
yeas to 16 nays, the amendment was defeated.
ROLLCALL NO. 5
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. .............. ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. .............. ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. X ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... .............. .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. .............. .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 8 16 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Berman perfecting amendment to the Hutchinson
amendment to the amendment in the nature of a substitute to
H.R. 1248 to insert on page 2, line 6, after ``issues''
``except in cases where the life of the expectant mother is at
risk, or pregnancy results from rape or incest.'' Mr. Berman
modified his amendment to strike ``is at risk;; and insert
``would be endangered.'' By a rollcall vote of 10 yeas to 15
nays, the amendment was defeated.
ROLLCALL NO. 6
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. .............. ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. .............. ..............
Mr. Jenkins..................................................... .............. X ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. .............. ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ X .............. ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. X ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... .............. .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... X .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... .............. .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 10 15 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Conyers amendment to the amendment in the nature
of a substitute to H.R. 1248 to condition funds under this
Title on States permitting a person to bring a cause of action
in State court for gender-motivated violence. By a rollcall
vote of 8 yeas to 13 nays, the amendment was defeated.
ROLLCALL NO. 7
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. .............. ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. X ..............
Mr. Gallegly.................................................... .............. .............. ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. .............. ..............
Mr. Barr........................................................ .............. X ..............
Mr. Jenkins..................................................... .............. .............. ..............
Mr. Hutchinson.................................................. .............. X ..............
Mr. Pease....................................................... .............. .............. ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. .............. ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. .............. ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. X ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... .............. .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... X .............. ..............
Mr. Watt........................................................ .............. X ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... .............. .............. ..............
Mr. Meehan...................................................... .............. .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 8 13 ..............
----------------------------------------------------------------------------------------------------------------
Subject: Waters amendment offered on behalf of Mr. Meehan,
to the amendment in the nature of a substitute to H.R. 1248
regarding violence against women, intervention, prevention, and
education research. By a rollcall vote of 10 yeas to 15 nays,
the amendment was defeated.
ROLLCALL NO. 8
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner............................................... .............. .............. ..............
Mr. McCollum.................................................... .............. X ..............
Mr. Gekas....................................................... .............. X ..............
Mr. Coble....................................................... .............. X ..............
Mr. Smith (TX).................................................. .............. .............. ..............
Mr. Gallegly.................................................... .............. X ..............
Mr. Canady...................................................... .............. X ..............
Mr. Goodlatte................................................... .............. X ..............
Mr. Chabot...................................................... .............. X ..............
Mr. Barr........................................................ .............. X ..............
Mr. Jenkins..................................................... .............. .............. ..............
Mr. Hutchinson.................................................. .............. .............. ..............
Mr. Pease....................................................... .............. X ..............
Mr. Cannon...................................................... .............. X ..............
Mr. Rogan....................................................... .............. X ..............
Mr. Graham...................................................... .............. X ..............
Ms. Bono........................................................ .............. X ..............
Mr. Bachus...................................................... .............. X ..............
Mr. Scarborough................................................. .............. .............. ..............
Mr. Vitter...................................................... .............. .............. ..............
Mr. Conyers..................................................... X .............. ..............
Mr. Frank....................................................... X .............. ..............
Mr. Berman...................................................... X .............. ..............
Mr. Boucher..................................................... .............. .............. ..............
Mr. Nadler...................................................... .............. .............. ..............
Mr. Scott....................................................... .............. .............. ..............
Mr. Watt........................................................ X .............. ..............
Ms. Lofgren..................................................... X .............. ..............
Ms. Jackson Lee................................................. X .............. ..............
Ms. Waters...................................................... X .............. ..............
Mr. Meehan...................................................... .............. .............. ..............
Mr. Delahunt.................................................... .............. .............. ..............
Mr. Wexler...................................................... .............. .............. ..............
Mr. Rothman..................................................... X .............. ..............
Ms. Baldwin..................................................... X .............. ..............
Mr. Weiner...................................................... X .............. ..............
Mr. Hyde, Chairman.............................................. .............. X ..............
-----------------------------------------------
Total....................................................... 10 15 ..............
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to H.R.1248, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 13, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1248, the Violence
Against Women Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 1248--Violence Against Women Act of 2000.
SUMMARY
H.R. 1248 would authorize the appropriation of about $3.6
billion for fiscal years 2001 through 2005 for programs to
combat violence against women. Most of these programs would
fund grants to state and local governments and Indian tribes.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1248 would cost about $2.8
billion over the 2001-2005 period. This legislation would not
affect direct spending or receipts, so pay-as-you-go procedures
would not apply. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and could benefit state, local, or tribal
governments. Any costs incurred by state, local, or tribal
governments would be the result of complying with grant
conditions and would be voluntary.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
For this estimate, CBO assumes that the amounts authorized
in H.R. 1248 will be appropriated by the start of each fiscal
year, and that spending would follow the historical rates for
these or similar programs. The estimated budgetary impact of
H.R. 1248 is shown in the following table. The costs of this
legislation fall within budget functions 550 (health) and 750
(administration of justice).
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law 436 6 6 0 0 0
for Violence Against Women Programs
Authorization Level 1,2
Estimated Outlays 431 348 178 5 2 0
Proposed Changes 0 631 706 746 877 609
Authorization Level
Estimated Outlays 0 155 425 665 765 778
Spending Under H.R. 1248 436 637 712 746 877 609
for Violence Against Women Programs
Authorization Level \1\
Estimated Outlays 431 503 603 670 767 778
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for the programs authorized by H.R. 1248.
\2\ The 2001 and 2002 levels are the amounts authorized in current law for these programs.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
The bill contains no intergovernmental or private-sector
mandates as defined in UMRA and could benefit state, local, or
tribal governments. The bill would authorize the appropriation
of about $3.6 billion in grants over the 2001-2005 period to
these governments and certain nonprofit entities. Any costs
incurred by state, local, or tribal governments would be the
result of complying with grant conditions and would be
voluntary.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (202) 226-2860
Impact on State, Local, and Tribal Governments: Shelley
Finlayson (202) 225-3220
Impact on the Private Sector: John Harris (202) 226-2618
ESTIMATE APPROVED BY:
Robert A. Sunshine
Assistant Director for Budget Analysis
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8, of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
Section 1 states that the short title of the bill is the
``Violence Against Women Act of 2000'' and provides a Table of
Contents for the act.
Section 2. Definitions.
Subsection 2(a) amends section 2003(1) of the Omnibus Crime
Control and Safe Streets Act of 1968 and section 2105(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 by defining
``domestic violence'' as acts or threats of violence, not
including acts of self-defense, committed by a current or
former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or
has cohabited with the victim, by a person similarly situated
to a spouse of the victim under the domestic or family violence
laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the
domestic or family violence laws or the jurisdiction.
Subsection 2(b) amends section 2003(2) of the Omnibus Crime
Control and Safe Streets Act of 1968 by stating that ``Indian
country'' has the same meaning as it is given by section 1151
of title 18, United States Code.
Subsection 2(c) amends section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 by defining ``stalking''
as engaging in conduct that is directed at an individual with
the intent to injure and harass the individual and which places
the individual in reasonable fear of the death of, or serious
bodily injury to, that individual, a member of that
individual's immediate family or that individual's intimate
partner.
Subsection 2(d) amends section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 by defining ``underserved
populations'' as populations underserved because of geographic
location (such as rural isolation), underserved racial and
ethnic populations, populations underserved because of special
needs (such as language barriers, disabilities, or age), and
any other population determined to be underserved by the State
planning process, in consultation with the Attorney General.
Subsection 2(e) amends section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 by defining ``domestic
violence coalition'' as a statewide nonprofit, nongovernmental
membership organization of a majority of domestic violence
programs within the State, commonwealth, territory, or lands
under military, Federal, or tribal authority that, among other
activities, provides training and technical assistance to
domestic violence programs within the State, commonwealth,
territory, or lands under military, Federal, or tribal
authority.
Subsection 2(f) amends section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 by defining the term
``sexual assault coalition'' as a statewide, nonprofit,
nongovernmental membership organization of a majority of sexual
assault programs within the State, commonwealth, territory, or
lands under military, Federal, or tribal authority that, among
other activities, provides training and technical assistance to
sexual assault programs within the State, commonwealth,
territory, or lands under military, Federal, or tribal
authority.
Subsection 2(g) amends section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 by defining the term
``dating violence'' as violence committed by a person: (A) who
is or has been in a social relationship of a romantic or
intimate nature with the victim; and (B) where the existence of
such a relationship shall be determined based on consideration
of the following factors: (i) the length of the relationship;
(ii) the type of relationship; and (iii) the frequency of
interaction between the persons involved in the relationship.
Title I. Continuing the Commitment of the Violence Against Women Act.
Subtitle A. Law Enforcement and Prosecution (S.T.O.P.) Grants to Combat
Violence Against Women.
Section 101. Reauthorization.
Section 101 amends section 1001(a)(18) of the Omnibus Crime
Control and Safe Streets Act of 1968 by authorizing
$185,000,000 for FY 2001 through FY 2003, and $195,000,000 for
FY2004 and FY 2005.
Section 102. Technical Amendments.
Subsection 102(a) amends section 2002(c)(3) of the Omnibus
Crime Control and Safe Streets Act of 1968, specifying that to
qualify for S.T.O.P. grant funds States shall be required to
certify that 50 percent of any funds distributed are to be
allocated to grants for law enforcement, prosecution, and State
and local court systems and that 35 percent of any funds
distributed are to be allocated for victims' services.
Subsection 102(b) amends section 2002(e) of the Omnibus
Crime Control and Safe Streets Act of 1968 by reallotting
unspent or unobligated funds at the end of the 9th month of any
fiscal year to the current fiscal year recipients in the victim
serves area. This section also allows the Attorney General to
waive the qualification requirements of section 2002(c)(3) for
the first 2 fiscal years following the enactment of this act at
the request of grantees currently funded under this section.
Subsection 102(c) amends section 2001(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 by incorporating
dating violence into certain purposes for which grants may be
used. It also adds three new such purposes relating to
developing, enlarging, and strengthening State and local court
programs; training sexual assault forensic medical personnel
examiners; and, supporting the development of sexual assault
response teams.
Subsection 102(d) amends section 2002 of the Omnibus Crime
Control and Safe Streets Act of 1964 by redesignating
subsections and adding a provision allowing the Attorney
General to deny applications that do not meet the requirements
of subsections (c) and (d) and for failure to provide
documentation of any collaborative efforts with other agencies
or organizations.
Subsection 102(e) amends section 2003(8) of the Omnibus
Crime Control and Safe Streets Act of 1964 by striking
``assisting domestic violence or sexual assault victims through
the legal process'' and inserting ``providing advocacy and
assistance for victims seeking legal, social, and abuse-related
health care services'' and also inserting ``except that such
term shall not include programs or activities that are targeted
primarily for offenders.''
Subsection 102(f) amends section 2002 (b)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968 by increasing to 5
percent the minimum amount available to Indian tribal
governments.
Subsection 102(g) amends section 2005(b)(3) of the Omnibus
Crime Control and Safe Streets Act of 1968 by clarifying that
grantees may not condition reimbursement to victims for rape
exam payments upon the victim's report of the sexual assault to
law enforcement or upon the victim's cooperation in the
prosecution of the sexual assault.
Subsection 102(h) amends section 2002(a) of the Omnibus
Crime Control Act of 1968 by clarifying that State and local
courts are eligible grantees for State grants.
Subsection 102(i) amends section 2001(b)(4) of the Omnibus
Crime Control Act of 1968 by incorporating the reporting of
information to the National Instant Criminal Background Check
System as a purpose for which the grants may be used.
Section 103. State Coalition Grants.
Section 103 amends section 2001 of the Omnibus Crime
Control and Safe Streets Act of 1968 by directing the Attorney
General to make grants available to the domestic violence and
sexual assault coalitions in each State for purposes of
coordinating State victim services activities, and
collaborating and coordinating with Federal, State, and local
entities engaged in violence against women activities. Further,
this section provides that each coalition shall receive not
less than 2.5 percent of funds appropriated, and specifies
additional aspects of geographical allotment, component
eligibility, and application requirements.
Section 104. Full Faith and Credit Enforcement of
Protection Orders.
Section 104 amends 2101(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 and adds enforcement of protection
orders to the list of eligible purposes for Grants to Encourage
Arrest Policies, and adds certain requirements with respect to
enforcement of protection orders that grantees must meet to be
eligible for funding. It further requires States in their
application to describe a plan for the enforcement of
protection orders from other States and jurisdictions including
cooperative agreements and data collection systems. It also
requires States to certify that their laws do not require
victims to bear the costs of filing of criminal charges or
civil remedies.
Section 105. Filing Costs for Criminal Charges/S.T.O.P.
Grant Program
Section 105 adds a requirement to S.T.O.P. grant funding
requirements that a State certify that their laws do not
require victims to bear the costs of filing of criminal charges
or civil remedies.
Section 106. Elder Abuse, Neglect, and Exploitation.
Section 106 authorizes a program whereby the Attorney
General shall make grants to law school clinical programs, and
shall develop curricula for and offer training programs to
assist law enforcement officers and prosecutors, to address
issues of elder abuse, neglect, and domestic violence and
sexual assault against older or disabled individuals.
Subtitle B. National Domestic Violence Hotline.
Section 111. Reauthorization.
This section amends section 316(f) of the Family Violence
Prevention and Services Act by authorizing $1,600,000 for FY
2001; $1,800,000 for FY 2002; and, $2,000,000 for each year
from FY2003 through FY2005.
Section 112. Technical Amendments.
This section amends section 316 of the Family Violence
Prevention and Services Act by adding that all entities
receiving funds shall, within 90 days, prepare and submit a
report to the Secretary that evaluates the effectiveness of the
use of the amounts.
Subtitle C. Battered Women's Shelters and Services
Section 121. Short Title.
Section 121 designates the short title of Subtitle C as the
``Battered Women's Shelters and Services Act.''
Section 122. Authorization of Appropriations for Family
Violence Prevention and Services.
This section amends section 310(a) of the Family Violence
Prevention and Services Act by authorizing $120,000,000 for
FY2001, $160,000,000 for FY2002, $200,000,000 for FY2003, and
$260,000,000 for FY2004 through FY2005 to carry out this title.
Section 123. Family Violence Prevention and Services Act
Improvements.
Subsection 123(a) amends section 304(a) of the Family
Violence Prevention and Services Act by inserting ``$500,000,
with the remaining funds to be allotted to each State in''
after ``grant authorized under section 303(a)''.
Subsection 123(b) amends section 304(d) of the Family
Violence Prevention and Services Act by (1) inserting ``or
Indian tribe or tribal organization under section 303(b)''
after ``to such State in grants under section 303(a)''; (2)
inserting ``or Indian tribe or tribal organization, or other
entity'' after ``failure of such State''; (3) inserting ``and
Indian tribes and tribal organizations'' after ``such amount to
States''; (4) inserting ``proportionate to the original
allocation made under subsection (a) or (b) of section 303,
respectively'' after ``which meet such requirements''; (5)
inserting a new paragraph that states that if after the sixth
month of any fiscal year that any amount allotted to an entity
that has not been made available in a grant due to a failure to
meet the requirement or limit reached, the money shall be
reallotted to States and Indian tribes and tribal organizations
that meet the requirement.
Subsection 123(c) amends section 308(a)(2) of the Family
Violence Prevention and Services Act by inserting ``on
providing training and technical assistance'' after
``focusing'' and inserting at the end that the Secretary may
award grants for technical assistance and training initiatives
to nonprofit, nongovernmental organizations not exceeding
$500,000.
Subsection 123(d) amends section 308(c) of the Family
Violence Prevention and Services Act to establish additional
eligibility requirements relating to providing technical
assistance and training to local domestic violence programs
that provide shelter or related assistance; improving access to
services, information, and training within Indian tribes and
tribal organizations; responding to emerging issues in the
field of domestic violence; and clarifying that nothing in this
section shall prohibit the Secretary from making multiple
grants to any nonprofit, nongovernmental entity.
Subsection 123(e) amends section 309(1)(B) of the Family
Violence Prevention and Services Act by inserting ``with whom
such person is or has been in a continuing social relationship
of a romantic or intimate nature,'', before ``or with whom''.
Subsection 123(f) amends section 310(c) of the Family
Violence Prevention and Services Act by inserting ``the lesser
of $7,500,000 or'' after ``for each fiscal year''.
Subsection 123(g) amends section 310(d) of the Family
Violence Prevention and Services Act by inserting ``the lesser
of $22,000,000 or'' and by inserting language at the end that
directs the Secretary to designate that after the appropriation
under this subsection exceeds $11,000,000, 20 percent of these
funds shall be made available in the amounts necessary to State
domestic violence coalitions for providing technical assistance
and training and direct assistance in the following areas: (1)
Model leadership grants for domestic violence intervention in
underserved populations (2) Direct emergency assistance to
victims of domestic violence, technical assistance (3) training
for State, local, and tribal domestic violence programs.
Subsection 123(h) amends section 308(e) of the Family
Violence Prevention and Services Act by inserting language that
directs all entities receiving funds pursuant to the activities
under this section to, within 90 days after the enactment of
this act, prepare and submit a report to the Secretary that
evaluates the effectiveness of the use of the amounts received.
Subsection 123(i) amends section 307(a) of the Family
Violence Prevention and Services Act by inserting language that
allows the Secretary to deny any application that fails to
provide documentation of the specific involvement of the State
or tribal domestic violence coalition. (j) This section amends
section 303(b) of the Family Violence Prevention Services Act
by inserting language that requires that, from the amounts made
available under paragraph (1), the Secretary shall award not
less than 5 percent of such amounts for the funding of tribal
domestic violence coalitions.
Section 124. Transitional Housing Assistance for Victims of
Domestic Violence.
Section 124 would authorize the Attorney General to award
grants to States, units or local government, and Indian tribes
under this section to carry out programs to provide assistance
to individuals and their dependents who are homeless or in need
of transitional housing or other housing assistance, as a
result of fleeing domestic violence, and for whom emergency
shelter services are unavailable or insufficient. Any entity
that receives a grant under this section shall annually prepare
and submit to the Attorney General a report describing the
number of individuals and dependents assisted, and the types of
housing assistance and support services provided. $25,000 is
authorized to be appropriated for this program in FY 2001
through 2003, and $30,000,000 for FY 2004 and 2005.
Subtitle D. Community Initiatives
Section 131. Grants for Community Initiatives.
Subsection 131(a) amends section 318(h) of the Family
Violence Prevention and Services Act by authorizing $8,000,000
for FY2001, $9,000,000 for FY2002, $10,000,000 for FY2003,
$11,000,000 for FY2004, and $12,000,000 for FY2005.
Subsection 131(b) amends subsection (i) of section 318 of
the Family Violence Prevention and Services Act by adding
language that directs the Secretary to annually compile and
broadly disseminate information about the use of funds and
about the projects funded under this section.
Subtitle E. Education and Training for Judges and Court Personnel
Section 141. Reauthorization.
Section 141 amends section 40412 of the Equal Justice for
Women in the Courts Act of 1994 authorizing $1,500,000 for each
of the fiscal years 2001 through 2005 for grants for education
and training for Judges and court personnel in State Courts and
$500,000 for each of the fiscal years 2001 through 2004 for
grants for education and training for Judges and court
personnel in Federal Courts and adds three areas of training
eligible for grant use.
Subtitle F. Grants to Encourage Arrest Policies
Section 151. Reauthorization.
This section amends section 1001(a)(19) of the Omnibus
Crime Control and Safe Streets Act of 1968 by authorizing
grants to encourage arrest policies in the amount of
$63,000,000 for FY2001, $67,000,000 for FY2002, $70,000,000 for
each of the fiscal years 2003 through 2005.
Section 152. Technical Amendments.
This section amends section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 to provide grant funding
for dating violence training initiatives in certain
circumstances, and by adding a section that calls for 5 percent
of the funds appropriated under 1001(a)(19) to be used for
grants to Indian tribal governments.
Subtitle G. Rural Domestic Violence Child Abuse Enforcement
Section 161. Reauthorization.
Section 161 amends section 40295(c)(1) of the Safe Homes
for Women Act of 1994 by authorizing $35,000,000 for each of
the fiscal years 2001 through 2005 for rural domestic violence
child abuse enforcement.
Section 162. Technical Amendments.
Section 162 amends the Safe Homes for Women Act of 1994 by
adding a section that calls for at least 5 percent of the funds
appropriated under paragraph (1) to be used for grants to
Indian tribal governments and which also incorporates dating
violence as eligible for funding under the program.
Subtitle H. National Stalker and Domestic Violence Reduction
Section 171. Technical Amendments.
Section 171 amends section 40602(a) of the Violence Against
Women Act of 1994 to allow the Attorney General to provide
grants both to implement and improve certain processes detailed
in Section 172 (below).
Section 172. Reauthorization.
Section 172 amends section 40603 of the Violence Against
Women Act of 1994 by authorizing $3,000,000 for each of the
fiscal years 2001 through 2005 for grants to States and units
of local government to improve local, State, and national crime
information databases.
Subtitle I. Federal Victims' Counselor
Section 181. Reauthorization.
Section 181 amends section 40114 of the Safe Streets for
Women Act of 1994 by authorizing $1,000,000 for each of the
fiscal years 2001 through 2005 for United States Attorneys for
the purpose of appointing Victim/Witness Counselors for the
prosecution of domestic violence and sexual assault of crimes.
Subtitle J. Education and Prevention Grants to Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
Section 191. Reauthorization.
Section 191 amends section 316(c) of the Runaway and
Homeless Youth Act by authorizing $22,000,000 for each of the
fiscal years 2001 through 2005.
Section 192. Dissemination of Information.
Section 192 amends section 316 of part A of the Runaway and
Homeless Youth Act by directing the Secretary to annually
compile and broadly disseminate information about the use of
funds and evaluations of the projects funded under this
section.
Subtitle K. Victims of Child Abuse Programs
Section 193. Reauthorization of Court-Appointed Special
Advocate Program
Section 193 amends section 218(a) of the Victims of Child
Abuse Act of 1990 by authorizing $12,000,000 for each of the
fiscal years 2001 through 2005.
Section 194. Reauthorization of Child Abuse Training
Programs for Judicial Personnel and Practitioners.
Section 194 amends section 224(a) of the Victims of Child
Abuse Act of 1990 by authorizing $2,300,000 for each of the
fiscal years 2001 through 2004.
Section 195. Reauthorization of Grants for Televised
Testimony.
Section 195 amends section 1001(a)(7) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 by
authorizing $1,000,000 for each of the fiscal years 2001
through 2005.
Section 196. Dissemination of Information.
Section 196 amends section 40156 of the Violence Against
Women Act of 1994 by directing the Attorney General to annually
compile and broadly disseminate information about the use of
funds and about the projects funded under this section.
Title II. Sexual Assault Prevention.
Section 201. Transfer of Rape Prevention and Education
Program.
This section amends part J of title III of the Public
Health Service Act by inserting a new section establishing a
grant program to be used for rape prevention and education
programs conducted by rape crisis centers and private nonprofit
nongovernmental State and tribal sexual assault coalitions. The
grants will be distributed on the basis of the population of
the State and not more than 5 percent shall be used by the
Secretary for administrative and technical assistance. This
section also provides that at such time as appropriations under
subsection (c) reach at least $80,000,000, the Secretary of
Health and Human Service shall establish a National Resource
Center through the National Center for Injury Prevention at the
Centers for Disease Control and Prevention to provide resource
information, policy, training, and technical assistance to
Federal, State and Indian tribal agencies, as well as to State
and tribal sexual assault coalitions and local sexual assault
programs. The following funding is authorized: $80,000,000 for
FY2001; $105,000,000 for each of fiscal years 2002 and 2003;
and, $155,000,000 for each of fiscal years 2004 and 2005 in
order to carry out this section.
Section 202. Rape Prevention Education.
Section 202 repeals section 1910A of the Public Health and
Human Services Act.
Section 203. Sexual Assault and Interpersonal Violence;
Demonstration Projects.
Section 203 amends section 393 of the Public Health Service
Act by specifying that certain demonstration projects shall
include projects in which, on a 24-hour basis, nurses and other
health care professionals, at such rooms and sites who are
trained in accordance with protocols, identify victims of such
violence, collect physical evidence, and provide information
and appropriate referrals to rape crisis center programs and
victim service providers.
Title III--Other Domestic Violence Programs
Subtitle A. Strengthening Services to Victims of Violence
Section 301. Civil Legal Assistance for Victims.
Section 301 authorizes the Attorney General to award grants
to increase the availability of civil legal assistance
necessary to provide effective aid to victims of domestic
violence, dating violence, stalking, or sexual assault who are
seeking relief in legal matters arising as a consequence of
that abuse or violence, at minimal or no cost to the victims.
The following funding is authorized for this program:
$35,250,000 in FY 2001; $40,000,000 in FY 2002; $45,000,000 in
FY 2003; $50,000,000 in FY 2004; and, $55,000,000 in FY 2005.
Subtitle B. Limiting the Effects of Violence on Children
Section 305. Safe Havens For Children Pilot Program.
Section 305 authorizes the Attorney General to award grants
to States, units of local government, and Indian tribal
governments that propose to enter into or expand the scope of
existing contracts and cooperative agreements with public or
private nonprofit entities to provide supervised visitation and
safe visitation exchange of children by and between parents in
cases of domestic violence, child abuse, or sexual assault.
$15,000,000 is authorized for this program for fiscal years FY
2001 and FY 2002.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
Section 310. Findings.
Section 310 makes a number of findings concerning women
with disabilities and domestic violence.
Section 311. Omnibus Crime Control and Safe Streets Act of
1968.
Section 311 incorporates into the scope of victims services
programs that address the issue of violence and abuse suffered
by women with disabilities.
Section 312. Violence Against Women Act.
Section 312 amends the Education and Training for Judges
and Court Personnel in State Courts programs to allow funding
for programs that address violence against persons with
disabilities.
Section 313. Grants for Technical Assistance.
Section 313 authorizes the Attorney General to make grants
to States, nongovernmental private entities, and tribal
organizations to provide education and technical assistance for
the purpose of providing training, consultation, and
information on violence, abuse, and sexual assault against
women who are individuals with disabilities. $10,000,000 is
authorized for this program for fiscal years 2001 through 2005.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
Section 315. Short Title.
Section 315 states the short title as the ``Standards,
Practice, and Training for Sexual Assault Forensic Examinations
Act''.
Section 316. Standards, Practice, and Training for Sexual
Assault Forensic Examinations Act.
Section 316 requires the Attorney General to evaluate
existing standards of training and practice for licenses health
care professionals performing sexual assault forensic
examinations and develop a national recommended standard for
training; recommend sexual assault forensic examination
training for all health care students; and, review existing
protocols on sexual assault forensic examinations and develop a
recommended national protocol and establish a mechanism for its
nationwide dissemination. $200,000 is authorized to carry out
this evaluation for FY 2001.
Subtitle E. Domestic Violence Task Force
Section 320. Domestic Violence Task Force.
Section 320 requires the Attorney General to establish a
task force to coordinate research on domestic violence and to
report to Congress on any overlapping or duplication of efforts
among the Federal agencies that address domestic violence.
$500,000 is authorized for each of fiscal years 2001 through
2004 to carry out this section.
Agency Views
U.S. Department of Justice,
Office of Legislative Affairs,
Washington, DC, July 13, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Hyde: This letter provides the views of the
Department of Justice on H.R. 1248, the Violence Against Women
Act (VAWA II), introduced by Congresswoman Morella and passed
by the House Subcommittee on Crime. This legislation would
reauthorize the critically important programs created in 1994
by the original VAWA and by subsequent legislation. The
Department of Justice supports this legislation, with the
amendments discussed below, and appreciates the time and
dedication that you and Congressman Conyers have devoted to
fighting violence against women.
During the last six years, the Violence Against Women Act
has made a crucial difference in the lives of countless women
and children. In implementing the Act, the Department of
Justice (DOJ) and the Department of Health and Human Services
(HHS) have worked together and with communities to expand
prevention efforts, enhance the safety of more victims, and
hold perpetrators of violence against women accountable for
their acts.
Domestic violence occurs in all communities, crossing
ethnic, racial, age, national origin, religious, sexual
orientation, and socioeconomic lines. While domestic violence
crosses gender lines as well, more than 85% of victimizations
by intimate partners from 1993-1998 were perpetrated against
women, according to the most recent study by the Bureau of
Justice Statistics.\1\ Domestic violence is also devastating
for children, who often suffer physical, emotional, or
developmental effects from experiencing or witnessing family
violence. Because domestic violence is so pervasive in our
families, we must continue to support comprehensive community-
based efforts to keep victims safe and hold offenders
accountable.
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\1\ Bureau of Justice Statistics, U.S. Department of Justice,
Intimate Partner Violence 3 (2000).
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Under the violence against women grant programs, DOJ has
awarded more than $800 million in grant funds, making over 900
discretionary grants and 280 STOP (Services, Training,
Officers, Prosecutors) formula grants to the states and
territories. These grant programs help state, tribal, and local
governments and community-based agencies to train personnel,
enforce laws, develop policies and procedures, establish
specialized domestic violence and sexual assault units, assist
victims of violence, and hold perpetrators accountable. More
than 6,500 STOP subgrants have supported community partnerships
among police, prosecutors, victim advocates, and others to
address violence against women. To date, DOJ has prosecuted
more than 250 cases in the federal system involving interstate
domestic violence, interstate stalking, interstate violation of
a protection order, or possession of a firearm while subject to
a protection order or after conviction for a misdemeanor crime
of domestic violence.
The programs and initiatives that we have established
together are only the beginning of our struggle to end violence
against women in our nation. Violence still devastates the
lives of many women and their children. Nearly one-third of the
women murdered each year are killed by their intimate partners,
and violence by intimate partners accounts for over 20 percent
of all violent crimes against women. Approximately one million
women are stalked each year, and women were raped and sexually
assaulted 307,000 times in 1998 alone. We therefore urge you to
continue your unprecedented bipartisan leadership on this
issue.
In its current form, H.R. 1248 is an important step toward
our mutual goal of re-authorizing and improving VAWA. We are
pleased that the legislation would authorize critical VAWA
grant programs including some through fiscal year 2005. Based
on our experience administering the VAWA grant programs over
the past six years, we believe that a predictable federal
commitment to continued funding is essential to encourage
communities to develop and implement long-term partnerships to
combat violence against women. We also strongly support
improvements that the bill would make to these programs,
including improving the definition of ``victim services,''
creating five percent set-asides for grants to Indian tribal
governments under the VAWA grant programs, and expanding the
STOP Grant Program purpose areas to include courts, sexual
assault medical examiners, and sexual assault response teams.
While we strongly support the effort to re-authorize the
VAWA grant programs, many key improvements to these programs
and other VAWA provisions, however, have not been included in
this legislative proposal. We urge the House Judiciary
Committee to amend the bill to strengthen our efforts to end
violence against women. We have provided a detailed description
of proposed amendments in the attached section-by-section
comments. We would urge you in particular to address the
following key issues:
First, the Department recommends that the bill be revised
to extend reauthorization of all of the Violence Against Women
Act grant programs to 2005. With the exception of four programs
(the Grants to Encourage Arrest Policies Program, the National
Domestic Violence Hotline, the Battered Women's Shelters and
Services Program, and the Rape Prevention Education Program),
the bill currently only reauthorizes the VAWA programs through
2004. We urge you to assure grant recipients that all the VAWA
grant programs will be maintained for at least five more years,
and to ensure that the authorization is consistent throughout
the bill. In addition, we strongly recommend that the bill
extend the authorization for the Grants to Combat Violent
Crimes Against Women on Campuses Program, currently authorized
under the Higher Education Amendments of 1998, through 2005 and
make a few technical amendments to the authorizing statute for
that program.
Second, we oppose the removal of the language that is in
H.R. 1248 as introduced that would have permitted VAWA grantees
to target dating violence in all jurisdictions. The need for
including dating relationships in the definition of domestic
violence under the Department of Justice's VAWA grant programs
is amply supported by Bureau of Justice Statistics (BJS) data
that indicate that domestic violence occurs at alarmingly high
rates among young persons aged 16-24 and among non-married
partners in general. See Bureau of Justice Statistics, U.S.
Department of Justice, Intimate Partner Violence 4, 10 (2000).
Federal VAWA funds are intended to assist communities in
addressing the specific problems that they confront related to
violence against women. Where local community members identify
dating violence as a pressing need, critical resources should
be available under VAWA to respond. We urge you to include
amendments covering dating violence in all jurisdictions to the
definitions of ``domestic violence'' under the STOP Formula
Grant Program, the Grants to Encourage Arrest Policies Program,
and the Grants to Combat Violent Crimes Against Women on
Campuses Program. In particular, we note that such an amendment
to the Campus Program authorizing language already has been
included in the VAWA II bill under consideration in the Senate.
Similarly, we urge you to make a parallel amendment to the
definition of ``spouse or intimate partner'' in 18 U.S.C.
Sec. 2266 to cover dating relationships under the federal
criminal offenses created by VAWA and subsequent legislation.
Third, we urge that you adopt other proposed Title 18
amendments that would strengthen and clarify the VAWA and VAWA-
related criminal provisions. While U.S. Attorney's offices
nationwide have prosecuted and continue to prosecute cases
involving these crimes, the proposed amendments are designed to
remove obstacles to federal prosecution reported from federal
prosecutors and will improve our impact on this nationwide
crime problem. While our jurisdiction to prosecute these cases
remains settled, limitations now arise from the statutory
language that unduly hampers DOJ's prosecutions. The Title 18
amendments that we propose, most of which are included in the
bill currently under consideration in the Senate, not only
would improve the effectiveness of our prosecutions but also
would better protect Native American victims of violence
against women.
Fourth, we strongly recommend including language that would
authorize the Domestic Violence Victims' Civil Legal Assistance
Grant Program and would extend the assistance funded by that
program to victims of sexual assault and stalking. The
authorizing legislation should describe explicitly the types of
civil legal assistance that could be supported under the
program. We support Representative Lowey's efforts to address
this issue, and we would be happy to work with your staff on
modifying H.R. 4663 for inclusion in H.R. 1248.
Fifth, the Department supports adding Section 234(d)(1) of
H.R. 357 to the bill. This provision would expand emergency
jurisdiction under the federal Parental Kidnaping Prevention
Act (PKPA) to include domestic violence, and thereby make the
PKPA consistent with the model uniform state law on interstate
custody jurisdiction, the Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA). This amendment would enhance the
ability of victims fleeing abuse with their children to obtain
custody orders without returning to dangerous jurisdictions.
Sixth, we also strongly support amendments to VAWA's full
faith and credit provision that would prohibit requiring
registration of foreign protection orders as a prerequisite to
enforcement of foreign orders, prohibit notification of a
batterer without the victim's consent when a foreign protection
order is registered in a new jurisdiction, reinforce that
protection orders issued by tribes are entitled to full faith
and credit, and make it clear that Indian tribes have
jurisdiction to enforce protection orders against Indian and
non-Indian offenders. Similarly, we support language clarifying
that custody and support orders within protection orders are
entitled to full faith and credit when they comply with
interstate custody and support laws.
Seventh, the Department strongly supports amendments that
would protect battered immigrants. Although VAWA contains
provisions that were designed to free battered immigrants from
abusers who misused immigration laws to coerce, intimidate, and
control their spouses and children, subsequent legislation has
inadvertently eroded the efficacy of those original provisions.
We urge you to correct this problem. The Administration's crime
bill includes improved protections for battered immigrants, as
does the bill under consideration in the Senate.
Eighth, the Department supports a new grant program to fund
supervised visitation centers that would help keep families
safe and protect children from violence by creating safe places
for visitation and exchange of children. We have provided your
staff with language based on the supervised visitation grant
program in H.R. 357. We also note that the bill under
consideration by the Senate would establish a Safe Havens for
Children pilot program to provide for such secure environments.
Thank you again for your hard work to assist victims of
domestic violence, sexual assault, and stalking and to hold
offenders accountable. This Administration is deeply committed
to continuing the progress that has been made in confronting
violence against women. We look forward to working with the
Committee as it considers these and other issues raised by the
revised bill. The Office of Management and Budget has advised
that there is no objection to the presentation of this report
from the standpoint of the Administration's program.
Sincerely,
Robert Raben, Assistant Attorney General.
Section-by-Section Analysis
H.R. 1248 as passed Subcommittee
Section 2. DEFINITIONS
The Department strongly opposes the removal of the language
in H.R. 1248 as introduced that would have permitted VAWA
grantees to target dating violence in all jurisdictions. Under
section 2(a)(1) and (2), after ``by a person who is cohabiting
with or has cohabited with the victim,'' we suggest inserting
``by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim.'' We recommend
making this modification to the definitions of ``domestic
violence'' and ``intimate partner'' everywhere they appear in
the bill and in the original VAWA, so that the grant programs
and the interstate domestic violence and stalking crimes may
cover dating violence, regardless of jurisdiction.\2\
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\2\ In addition, as noted in our cover letter, we urge Congress to
make a number of amendments to Title 18 to enhance the ability of
federal law enforcement officials to combat interstate domestic
violence, sexual assault and stalking. We are submitting proposed
language for these amendments to Title 18, including an amendment to 18
U.S.C. Sec. 2266's definition of ``spouse or intimate partner'' to
cover dating relationships under the federal criminal offenses created
by VAWA and subsequent legislation.
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In section 2(b) the current definition of ``Indian
country'' excludes Alaskan tribes (with one exception). In
Alaska v. Native Village of Venetie, 118 S. Ct. 948 (1998) the
Supreme Court interpreted the term ``Indian country'', and
Congress made the definition clear in 18 U.S.C. Sec. 1151. The
current language proposes a \1/54\ allotment for sexual assault
coalitions ``in Indian country.'' Therefore, if section 2(b) is
not changed, the proposed State Coalition Grant program (Sec.
103) will exclude Alaskan tribes. We would recommend the same
language change also be made everywhere ``Indian country'' is
defined in the bill.
We are concerned that the term ``stalking'' in section 2(c)
is defined too narrowly. This definition applies to grant
programs that address stalking, and the definition should be
written to allow grantees to target all forms of stalking, even
where the stalking behavior appears innocuous to the outside
observer--such as someone continuing to send messages after
being told not to do so by the victim, even where the messages
do not contain a specific threat. For example, the ``reasonable
fear of death or serious bodily injury'' standard is too high.
In some instances the stalker's intent is to harass and cause
psychological distress. This behavior may escalate to more
overtly threatening behavior, and law enforcement must be able
to intervene at the early stages to protect victims and to
terminate the stalking behavior. In addition, some stalkers
have used the Internet to post malicious and harassing messages
about their victims, but again, this behavior may not rise to
the level of ``causing fear of death or serious bodily
injury.'' Therefore, we recommend replacing this definition
with the definition that originally appeared in H.R. 1248, with
the following modifications:
a) insert ``or that would cause a reasonable person
to have a high level of fear'' after ``that would cause
a reasonable person to fear death, sexual assault, or
bodily injury to such person or a member of such
person's immediate family,'';
b) insert ``or has knowledge or should have knowledge
that the specific person will have a high level of
fear'' after ``knowledge that the specific person will
be placed in reasonable fear of death, sexual assault,
or bodily injury to such person or a member of such
person's immediate family''; and
c) insert ``or induces a high level of fear in the
specific person'' after ``induces fear in the specific
person of death, sexual assault, or bodily injury to
such person or a member of such person's immediate
family.''
The Department opposes the deletion of ``sexual
orientation, religion, and alienage status'' from the
definition of ``underserved populations'' that appeared in
section 2(d) of H.R. 1248 as introduced. Culturally appropriate
services are needed in all parts of the criminal and civil
justice systems. By explicitly including these traditionally
underserved populations, the bill would help communities
nationwide to improve the accessibility and appropriateness of
their services.
TITLE I CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A Law Enforcement and Prosecution Grants to Combat Violence
Against Women
Sec. 101. Reauthorization.
The Department strongly supports reauthorization of the
STOP Formula Grant Program, but we recommend that the
authorization for this program be extended to fiscal year 2005.
Sec. 102. Technical Amendments.
This section would make several important improvements to
the STOP Formula Grant Program. In particular, we strongly
support the provisions in this section that would increase the
set-aside for tribal governments from four percent to five
percent, clarify the definition of victim services, and provide
that reimbursement of sexual assault survivors for forensic
medical exams is not contingent upon the victim's report to law
enforcement or cooperation in the prosecution of the
perpetrator.
We are concerned, however, that the proposed allocation
percentages under the STOP Formula Grant Program will reduce
the percentages of STOP funds that currently support law
enforcement and prosecution grants. Under VAWA, 25% of STOP
funds must support law enforcement and 25% must support
prosecutors. This provision would allocate 50% of STOP funds to
police, prosecutors, and judges. While we are in favor of
establishing an allocation for courts under the program, we do
not support reducing the allocation for law enforcement and
prosecution in order to create such an allocation. Instead, we
recommend allocating 25% each to law enforcement and
prosecution, 10% to courts, and 30% to victim services. In
section 102(a), we recommend inserting ``, tribal,'' after
``State'' to clarify that grants may be awarded to tribal
courts as well as to state and local courts.
While we support a reallotment provision under the STOP
Program, the reallotment deadline in section 102(b) of nine
months into the fiscal year is unreasonable, given the
processes that states have in place to award subgrants. The
structure of the VAWA encourages the states to engage in a
strategic planning process, which requires some time. After
receiving their annual STOP award, states initiate their
strategic planning process and then issue a subgrant
solicitation as part of a competitive process for selecting
STOP subgrantees. States would not be able to evaluate the
quality of the applications received, make funding decisions,
and reallocate unused funds effectively within nine months. We
recommend instead allowing reallotment of any funds set aside
for police, prosecution, and courts that remain unobligated as
of the end of the next year after the fiscal year for which
funds are appropriated. We therefore suggest replacing ``at the
end of the 9th month of'' with ``at the end of the next fiscal
year after'' in section 102(b).
Under section 102(b) the purpose of proposed section
2002(e)(3)(B) is unclear to us. If the goal is to prevent an
adverse impact on victims due to the new percent allocation
formula, the waiver should not be limited to the first two
years following enactment of the legislation. This approach
postpones, but does not eliminate, the adverse impact. In
addition, as discussed above, we recommend inserting ``,
tribal,'' after ``State'' on page 9, line 2, to clarify that
grants may be awarded to tribal courts as well as to state and
local courts.
The Department supports the addition of purpose areas to
the STOP Formula Grant Program in section 102(c) that would
address training for judges and court personnel, training for
sexual assault medical examiners on collecting evidence and
working with victims, and developing sexual assault response
teams. However, we recommend inserting ``, tribal,'' after
``State'' on page 9, line 19, and we recommend deleting
``forensic'' on page 9, line 23.
We believe that section 102(d) is unnecessary because we
already have the authority to enforce compliance with grant
program requirements. If certifications are not included at the
application stage and the applicant receives an award, a
special condition is included in the award that requires the
submission of the certification, and grant funds are not
available until the grantee has complied with the special
condition. If a site visit later reveals that a grantee is not
in compliance with certification, the grantee is required to
comply immediately. Grant funds may be frozen if the grantee
does not comply. However, if subsection (d) is not deleted,
``document of any collaborative efforts'' should be
``documentation of any collaborative efforts'' in the proposed
section 2002(e)(2).
The Department supports section 102(e), but we recommend
inserting ``sexual assault, domestic violence, and stalking''
between ``providing advocacy and assistance for'' and ``victims
seeking'' and adding the words ``and economic services'' to the
list ``legal, social, and abuse-related health care services''.
The revised phrase would read ``providing advocacy and
assistance for sexual assault, domestic violence, and stalking
victims seeking legal, social, and economic services, and
abuse-related health care services.''
We are concerned that section102(h) does not accomplish its
intended goal. We believe the goal of this section is to amend
section 2006(a)(1) of the STOP authorization to extend STOP's
prohibition on protection order filing fees to civil protection
orders not connected to a criminal case. However, inserting
``civil or criminal'' does not accomplish this goal. The STOP
regulations currently interpret this section as precluding
charging for service of a protection order (civil or criminal)
when it arises from an incident that is the subject of a
criminal arrest or prosecution. To extend this requirement to
all civil protection orders would require making the following
changes to Section 2006(a)(1) (42 U.S.C. Sec. 3796gg-5(a)(1)):
a) after the current language ``in connection with
the prosecution of any misdemeanor or felony domestic
violence offense,'' add ``or in connection with the
filing, issuance, registration, or service of a
protection order to protect a victim of domestic
violence, stalking, or sexual assault.'';
b) after the current language ``or the costs
associated with'', add the word ``filing,'' before the
word ``issuance'', and add the word ``registration,''
before ``or service.''; and
c) after the current language ``warrant, protection
order,'' add ``petition.''
In addition, at the very end of the current provision, we
suggest adding, ``whether issued inside or outside of the
jurisdiction.'' This would require states to serve both in-
state and out-of-state documents without charge to the victim.
The new paragraph would read:
``(1) certifies that its laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing,
issuance, registration, or service of a protection
order, or a petition for a protection order, to protect
a victim of domestic violence, stalking or sexual
assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or
the costs associated with the filing, issuance,
registration, or service of a warrant, protection
order, petition for a protection order, or witness
subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction; or''
Sec. 103. State Coalition Grants.
The Department strongly recommends making the authorizing
language discretionary by changing ``shall'' to ``may'' in
proposed section 2001(c)(1), and we recommend changing the set-
aside to two percent.
Under section 103, in the proposed section 2001(c)(3)(C),
we recommend deleting ``nongovernmental'' and inserting ``or
comparable programs'' after ``coalitions'' to ensure that
tribes that do not have coalitions but have comparable public
or private programs in place will receive the funding.
Subtitle E Education and Training for Judges and Court Personnel
Sec. 141. Reauthorization.
We strongly support this section, which would reauthorize
important grants for education and training for judges and
court personnel in state and federal courts. However, in
proposed section 40412(20), the Department recommends changing
``predominant'' to ``primary.'' While we recognize the word
``predominant'' has been proposed in an attempt to overcome
misunderstandings about the concept of primary aggressor, its
use will be confusing for state and local judges and law
enforcement because most state laws and trainings use the term
``primary.''
Additionally, the language proposed in section 141(a)(1)(C)
seeks to describe ideas that are too complex to be conveyed in
a statute and instead should be part of program implementation.
For example, the phrase ``the legitimate reasons parents may
report domestic violence'' suggests that there are also
illegitimate reasons for parents to report domestic violence,
whereas the goal of this phrase is to convey the need for
judicial training to dispel the myth that such reports
frequently are fabricated in child custody cases. We recommend
revising these provisions to read: ``(20) the impact of
domestic violence issues in custody and visitation cases; (21)
sexual assault issues, with a focus on victim safety, in
custody and visitation cases;''.
Subtitle F Grants to Encourage Arrest Policies
We strongly support this subtitle, which would reauthorize
the Grants to Encourage Arrest Policies Program through fiscal
year 2005 and create a five percent set-aside under the program
for Indian tribal governments.
Subtitle G Rural Domestic Violence and Child Abuse Enforcement
This subtitle would reauthorize the Rural Domestic Violence
and Child Victimization Enforcement Program through fiscal year
2004 and would create a five percent set-aside for grants to
Indian tribal governments under the Rural Program. We strongly
support these provisions but recommend that the authorization
for the program be extended to fiscal year 2005, as section 151
would do for the Arrest Program.
Subtitle H National Stalker and Domestic Violence Reduction
The Department supports this subtitle. These funds have not
been reauthorized since FY 1998, but this is a priority funding
area for the Bureau of Justice Statistics under the NCHIP
program, and there is a great need for these funds for
implementation of the full faith and credit provision of VAWA,
as well as the VAWA-related gun provisions.
Subtitle I Federal Victims' Counselors.
Sec. 181. Reauthorization.
We strongly support the annual appropriation of $1 million
to the Executive Office of the U.S. Attorneys for the purpose
of funding federal victims' counselors, education, and
prevention.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part J--Funding
authorization of appropriations
Sec. 1001. (a)(1) * * *
* * * * * * *
(7) There are authorized to be appropriated to carry out
part N--
(A) $250,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,000,000 for fiscal year 1999; [and]
(E) $1,000,000 for fiscal year 2000[.]; and
(F) $1,000,000 for each of the fiscal years 2001,
2002, 2003, 2004, and 2005.
* * * * * * *
(18) There are authorized to be appropriated to carry out
part T--
(A) $26,000,000 for fiscal year 1995;
(B) $130,000,000 for fiscal year 1996;
(C) $145,000,000 for fiscal year 1997;
(D) $160,000,000 for fiscal year 1998;
(E) $165,000,000 for fiscal year 1999; [and]
(F) $174,000,000 for fiscal year 2000[.];
(G) $185,000,000 for fiscal year 2001;
(H) $185,000,000 for fiscal year 2002;
(I) $185,000,000 for fiscal year 2003;
(J) $195,000,000 for fiscal year 2004; and
(K) $195,000,000 for fiscal year 2005.
(19) There are authorized to be appropriated to carry out
part U--
(A) $28,000,000 for fiscal year 1996;
(B) $33,000,000 for fiscal year 1997; [and]
(C) $59,000,000 for fiscal year 1998[.];
(D) $63,000,000 for fiscal year 2001;
(E) $67,000,000 for fiscal year 2002;
(F) $70,000,000 for fiscal year 2003;
(G) $70,000,000 for fiscal year 2004; and
(H) $70,000,000 for fiscal year 2005.
* * * * * * *
Part T--Grants To Combat Violent Crimes Against Women
SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
(a) * * *
(b) Purposes for Which Grants May Be Used.--Grants under
this part shall provide personnel, training, technical
assistance, data collection and other equipment for the more
widespread apprehension, prosecution, and adjudication of
persons committing violent crimes against women, and
specifically, for the purposes of--
(1) training law enforcement officers and
prosecutors to more effectively identify and respond to
violent crimes against women, including the crimes of
[sexual assault and domestic violence] sexual assault,
domestic violence, and dating violence;
* * * * * * *
(4) developing, installing, or expanding data
collection and communication systems, including
computerized systems, linking police, prosecutors, and
courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection
orders, prosecutions, and convictions for violent
crimes against women, including the crimes of sexual
assault and domestic violence, including the reporting
of such information to the National Instant Criminal
Background Check System;
(5) developing, enlarging, or strengthening victim
services programs, including [sexual assault and
domestic violence] sexual assault, domestic violence,
and dating violence programs, developing or improving
delivery of victim services to racial, cultural,
ethnic, and language minorities, providing specialized
domestic violence court advocates in courts where a
significant number of protection orders are granted,
and increasing reporting and reducing attrition rates
for cases involving violent crimes against women,
including crimes of sexual assault and domestic
violence and forms of violence and abuse particularly
suffered by women with disabilities;
(6) developing, enlarging, or strengthening
programs addressing stalking;
(7) developing, enlarging, or strengthening State
and local court programs, including training for State,
local, and tribal judges and court personnel,
addressing violent crimes against women, including
sexual assault, domestic violence, and stalking;
(8) training of sexual assault forensic medical
personnel examiners in the collection and preservation
of evidence, analysis, prevention, and providing expert
testimony and treatment of trauma related to sexual
assault;
(9) supporting the development of sexual assault
response teams to strengthen the investigation of
sexual assaults and coordinate services for victims of
sexual assault; and
[(7)] (10) developing, enlarging, or strengthening
programs addressing the needs and circumstances of
Indian tribes in dealing with violent crimes against
women, including the crimes of sexual assault and
domestic violence.
(c) Grants.--
(1) To coalitions.--The Attorney General shall make
grants to each of the State domestic violence and
sexual assault coalitions in the State for the purposes
of coordinating State victim services activities, and
collaborating and coordinating with Federal, State, and
local entities engaged in violence against women
activities. In no case will such awards preclude the
State domestic violence and sexual assault coalitions
from receiving grants under this part to fulfill the
purposes described in subsections (a) and (b).
(2) Percent allocations.--Domestic violence
coalitions and sexual assault coalitions shall each
receive not less than two and one-half percent of the
funds appropriated for a fiscal year under section
1001(a)(18) for the purposes described in paragraph
(1).
(3) Geographical Allotment.--
(A) Amount.--The domestic violence and sexual
assault coalition in each State, the District of
Columbia, the Commonwealth of Puerto Rico, and the
combined United States Territories shall each receive
an amount equal to \1/54\ of the amount made available
under paragraph (2). The combined United States
Territories shall not receive less than 1.5 percent of
the funds made available under paragraph (2) for each
fiscal year and the tribal domestic violence and sexual
assault coalitions shall not receive less than 1.5
percent of the funds made available under paragraph (2)
for each fiscal year.
(B) Definition.--For the purposes of this section,
the term ``combined United States Territories'' means
Guam, American Samoa, the United States Virgin Islands,
the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
(C) Indians.--\1/54\ of the amount appropriated
shall be made available for development and operation
of nonprofit nongovernmental tribal domestic violence
and sexual assault coalitions in Indian country.
(4) Disbursement of Geographical Allotments.--50 percent of
the \1/54\ allotted to each State, the District of Columbia,
Commonwealth of Puerto Rico, the combined United States
Territories, and Indian country under paragraph (3) shall be
made available to the domestic violence coalition as defined in
section 2003(10) of this Act and 50 percent shall be made
available to the sexual assault coalition as defined in section
2003(11) of this Act; and
(5) Component Eligibility.--In the case of combined
domestic violence and sexual assault coalitions, each component
shall be deemed eligible for the awards for sexual assault and
domestic violence activities, respectively.
(6) Application.--In the application submitted by a
coalition for the grant, the coalition provides assurances
satisfactory to the Attorney General that the coalition--
(A) has actively sought and encouraged the
participation of law enforcement agencies and other
legal or judicial entities in the preparation of the
application; and
(B) will actively seek and encourage the
participation of such entities in the activities
carried out with the grant.
* * * * * * *
SEC. 2002. STATE GRANTS.
(a) General Grants.--The Attorney General may make grants
to States, for use by States, State and local courts, units of
local government, nonprofit nongovernmental victim services
programs, and Indian tribal governments for the purposes
described in section 2001(b).
(b) Amounts.--Of the amounts appropriated for the purposes
of this part--
(1) [4] 5 percent shall be available for grants to
Indian tribal governments;
* * * * * * *
(c) Qualification.--Upon satisfying the terms of subsection
(d), any State shall be qualified for funds provided under this
part upon certification that--
(1) * * *
* * * * * * *
[(3) at least 25 percent of the amount granted
shall be allocated, without duplication, to each of the
following 3 areas: prosecution, law enforcement, and
victim services; and]
(3) at least 50 percent is allocated to grants for
law enforcement, prosecution, and State and local court
systems and at least 35 percent is allocated for victim
services; and
* * * * * * *
(e) Monitoring and Compliance.--The Attorney General shall
deny applications--
(1) that do not meet the requirements set forth in
subsections (c) and (d); and
(2) for failure to provide documentation, including
memoranda of understanding, contract, or other
documentation of any collaborative efforts with other
agencies or organizations.
[(e)] (f) Disbursement.--
(1) * * *
* * * * * * *
(3) Reallotment of funds.--
(A) If, at the end of the 9th month of any
fiscal year for which funds are appropriated
under section 1001(a)(18), the amounts made
available are unspent or unobligated, such
unspent or unobligated funds shall be
reallotted to the current fiscal year
recipients in the victim services area pursuant
to section 2002(c)(3) proportionate to their
original allotment for the current fiscal year.
(B) For the first 2 fiscal years following
the date of the enactment of the Violence
Against Women Act of 2000, the Attorney General
may waive the qualification requirements of
section 2002(c)(3), at the request of the State
and with the support of law enforcement,
prosecution, and victim services grantees
currently funded under this section, if the
reallocation of funds among law enforcement,
prosecution, victim services, and State and
local court systems mandated by this Act
adversely impacts victims of sexual assault,
domestic violence, and stalking, due to the
reduction of funds to programs and services
funded under this section in the prior fiscal
year. Any waiver granted under this
subparagraph shall not diminish the allocation
of any State for victim services.
[(f)] (g) Federal Share.--The Federal share of a grant made
under this subtitle may not exceed 75 percent of the total
costs of the projects described in the application submitted.
[(g)] (h) Indian Tribes.--Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or of the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or
projects funded under this part.
[(h)] (i) Grantee Reporting.--
(1) * * *
* * * * * * *
SEC. 2003. DEFINITIONS.
In this part--
[(1) the term ``domestic violence'' includes felony
or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with
the victim as a spouse, by a person similarly situated
to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim
who is protected from that person's acts under the
domestic or family violence laws of the jurisdiction
receiving grant monies;
[(2) the term ``Indian country'' has the meaning
stated in section 1151 of title 18, United States
Code;]
(1) the term ``domestic violence'' includes acts or
threats of violence, not including acts of self-
defense, committed by a current or former spouse of the
victim, by a person with whom the victim shares a child
in common, by a person who is cohabiting with or has
cohabited with the victim, by a person similarly
situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any
other person against a victim who is protected from
that person's acts under the domestic or family
violence laws of the jurisdiction;
(2) the term ``Indian country'' has the same
meaning as is given such term by section 1151 of title
18, United States Code;
* * * * * * *
[(7) the term ``underserved populations'' includes
populations underserved because of geographic location
(such as rural isolation), underserved racial or ethnic
populations, and populations underserved because of
special needs, such as language barriers or physical
disabilities; and]
(7) the term ``underserved populations'' includes
populations underserved because of geographic location
(such as rural isolation), underserved racial and
ethnic populations, populations underserved because of
special needs (such as language barriers, disabilities,
or age), and any other population determined to be
underserved by the State planning process in
consultation with the Attorney General;
(8) the term ``victim services'' means a nonprofit,
nongovernmental organization that assists domestic
violence or sexual assault victims, including rape
crisis centers, battered women's shelters, and other
sexual assault or domestic violence programs, including
nonprofit, nongovernmental organizations [assisting
domestic violence or sexual assault victims through the
legal process] providing advocacy and assistance for
victims seeking abuse-related health care services and
legal and social services, and, except that such term
shall not include programs or activities that are
targeted primarily for offenders[.];
(9) the term ``stalking'' means engaging in conduct
that is directed at an individual with the intent to
injure and harass the individual and which places the
individual in reasonable fear of the death of, or
serious bodily injury to, that individual, a member of
that individual's immediate family or that individual's
intimate partner;
(10) the term ``domestic violence coalition'' means
a statewide (except in the case of a coalition within
lands under tribal authority) nonprofit,
nongovernmental membership organization of a majority
of domestic violence programs within the State,
commonwealth, territory, or lands under military,
Federal, or tribal authority that among other
activities provides training and technical assistance
to domestic violence programs within the State,
commonwealth, territory, or lands under military,
Federal, or tribal authority;
(11) the term ``sexual assault coalition'' means a
statewide (except in the case of a coalition within
lands under tribal authority) nonprofit,
nongovernmental membership organization of a majority
of sexual assault programs within the State,
commonwealth, territory, or lands under military,
Federal, or tribal authority that among other
activities provides training and technical assistance
to sexual assault programs within the State,
commonwealth, territory, or lands under military,
Federal, or tribal authority; and
(12) The term ``dating violence'' means violence
committed by a person--
(A) who is or has been in a social
relationship of a romantic or intimate nature
with the victim; and
(B) where the existence of such a
relationship shall be determined based on a
consideration of the following factors:
(i) the length of the relationship;
(ii) the type of relationship; and
(iii) the frequency of interaction
between the persons involved in the
relationship.
* * * * * * *
SEC. 2005. RAPE EXAM PAYMENTS.
(a) * * *
(b) Medical Costs.--A State, Indian tribal government, or
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual
assault if any government entity--
(1) * * *
* * * * * * *
(3) reimburses victims for the cost of such exams
if--
(A) * * *
* * * * * * *
(C) the reimbursing governmental entity
provides reimbursement not later than 90 days
after written notification of the victim's
expense; [and]
(D) the State, Indian tribal government,
unit of local government, or reimbursing
governmental entity provides information at the
time of the exam to all victims, including
victims with limited or no English proficiency,
regarding how to obtain reimbursement[.]; and
(E) the reimbursement is not contingent
upon the victim's report of the sexual assault
to law enforcement or upon the victim's
cooperation in the prosecution of the sexual
assault.
* * * * * * *
SEC. 2006. [FILING] COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS.
(a) In General.--A State, Indian tribal government, or unit
of local government, shall not be entitled to funds under this
part unless the State, Indian tribal government, or unit of
local government--
[(1) certifies that its laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs
associated with the filing of criminal charges against
the domestic violence offender, or the costs associated
with the issuance or service of a warrant, protection
order, or witness subpoena; or]
(1) certifies that its laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing,
issuance, registration, or service of a protection
order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the
costs associated with the filing of criminal charges
against the offender, or the costs associated with the
filing, issuance, registration, or service of a
warrant, civil or criminal protection order, or witness
subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction; or
(2) gives the Attorney General assurances that its
laws, policies and practices will be in compliance with
the requirements of paragraph (1) within the later of--
(A) * * *
(B) [2 years] 1 year after the date of
enactment of the Violence Against Women Act of
2000.
* * * * * * *
(c) Definition.--In this section, the term ``protection
order'' has the meaning given the term in section 2266 of title
18, United States Code.
SEC. 2007. TRANSITIONAL HOUSING ASSISTANCE.
(a) In General.--The Attorney General shall award grants to
States, units of local government, and Indian tribes under this
section to carry out programs to provide assistance to
individuals and their dependents--
(1) who are homeless or in need of transitional
housing or other housing assistance, as a result of
fleeing domestic violence; and
(2) for whom emergency shelter services are
unavailable or insufficient.
(b) Assistance Described.--Assistance provided under this
section may include--
(1) short-term housing assistance, including rental
or utilities payments assistance, where such assistance
is necessary to prevent homelessness due to fleeing
domestic violence; and
(2) short-term support services, including expenses
and costs associated with transportation and job
training referrals, child care, counseling,
transitional housing identification and placement, and
related expenses such as utility or security deposits
and other costs incidental to relocation to
transitional housing.
(c) Term of Assistance.--An individual or family assisted
under this section may not receive transitional housing
assistance for a total of more than 12 months.
(d) Reports.--
(1) Report to attorney general.--
(A) In general.--An entity that receives a
grant under this section shall annually prepare
and submit to the Attorney General a report
describing the number of individuals and
dependents assisted, and the types of housing
assistance and support services provided, under
this section.
(B) Contents.--Each report shall include
information on--
(i) the purpose and amount of
housing assistance provided to each
individual or dependent assisted under
this section;
(ii) the number of months each
individual or dependent received the
assistance;
(iii) the number of individuals and
dependents who were eligible to receive
the assistance, and to whom the entity
could not provide the assistance solely
due to a lack of available housing; and
(iv) the type of support services
provided to each individual or
dependent assisted under this section.
(2) Report to congress.--The Attorney General shall
annually prepare and submit to the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in
reports submitted under paragraph (1).
(e) Authorization of Appropriations.--There are authorized
to be appropriated from the Violent Crime Reduction Trust Fund
established under section 310001 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry out
this section--
(1) $25,000,000 for each of fiscal years 2001
through 2003; and
(2) $30,000,000 for each of fiscal years 2004 and
2005.
PART U--GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF
PROTECTION ORDERS
SEC. 2101. GRANTS.
(a) * * *
(b) Grant Authority.--The Attorney General may make grants
to eligible States, Indian tribal governments, or units of
local government for the following purposes:
(1) * * *
(2) To develop policies and training in police
departments to improve tracking of cases involving
domestic and dating violence.
* * * * * * *
(5) To strengthen legal advocacy service programs
for victims of domestic and dating violence.
(6) To educate judges in criminal and other courts
(including juvenile courts) about domestic violence and
to improve judicial handling of such cases.
(7) To provide technical assistance and computer
and other equipment to police departments, prosecutors,
courts, and tribal jurisdictions to facilitate the
widespread enforcement of protection orders, including
interstate enforcement, enforcement between States and
tribal jurisdictions, and enforcement between tribal
jurisdictions.
(c) Eligibility.--Eligible grantees are States, Indian
tribal governments, or units of local government that--
(1) * * *
* * * * * * *
[(4) certify that their laws, policies, or
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, that the abused bear the costs
associated with the filing of criminal charges or the
service of such charges on an abuser, or that the
abused bear the costs associated with the issuance or
service of a warrant, protection order, or witness
subpoena.]
(4) certify that their laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing,
issuance, registration, or service of a protection
order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the
costs associated with the filing of criminal charges
against the offender, or the costs associated with the
filing, issuance, registration, or service of a
warrant, protection order, or witness subpoena, whether
issued inside or outside the State, tribal, or local
jurisdiction.
(d) Definition.--In this section, the term ``protection
order'' has the meaning given the term in section 2266 of title
18, United States Code.
(e) Disbursement.--At least 5 percent of the funds
appropriated under 1001(a)(19) shall be used for grants to
Indian tribal governments.
SEC. 2102. APPLICATIONS.
(a) Application.--An eligible grantee shall submit an
application to the Attorney General that--
(1) contains a certification by the chief executive
officer of the State, Indian tribal government, or
local government entity that the conditions of section
2101(c) are met or will be met within the later of--
(A) * * *
(B) [2 years of the date of enactment of
this part] the expiration of the 1-year period
beginning on the date of enactment of the
Violence Against Women Act of 2000;
* * * * * * *
(b) Priority.--In awarding grants under this part, the
Attorney General shall give priority to applicants that--
(1) do not currently provide for centralized
handling of cases involving domestic violence by
police, prosecutors, and courts; [and]
(2) demonstrate a commitment to strong enforcement
of laws, and prosecution of cases, involving domestic
violence[.], including the enforcement of protection
orders from other States and jurisdictions (including
tribal jurisdictions);
(3) have established cooperative agreements or can
demonstrate effective ongoing collaborative
arrangements with neighboring jurisdictions to
facilitate the enforcement of protection orders from
other States and jurisdictions (including tribal
jurisdictions); and
(4) will give priority to using the grant to
develop and install data collection and communication
systems, including computerized systems, and training
on how to use these systems effectively to link police,
prosecutors, courts, and tribal jurisdictions for the
purpose of identifying and tracking protection orders
and violations of protection orders, in those
jurisdictions where such systems do not exist or are
not fully effective.
(c) Dissemination of Information.--The Attorney General
shall annually compile and broadly disseminate (including
through electronic publication) information about successful
data collection and communication systems that meet the
purposes described in this section. Such dissemination shall
target States, State and local courts, Indian tribal
governments, and units of local government.
* * * * * * *
SEC. 2105. DEFINITIONS.
For purposes of this part--
[(1) the term ``domestic violence'' includes felony
or misdemeanor crimes of violence committed by a
current or former spouse of the victim, by a person
with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with
the victim as a spouse, by a person similarly situated
to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim
who is protected from that person's acts under the
domestic or family violence laws of the eligible State,
Indian tribal government, or unit of local government
that receives a grant under this part; and]
(1) the term ``domestic violence'' includes acts or
threats of violence, not including acts of self-
defense, committed by a current or former spouse of the
victim, by a person with whom the victim shares a child
in common, by a person who is cohabiting with or has
cohabited with the victim, by a person similarly
situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any
other person against a victim who is protected from
that person's acts under the domestic or family
violence laws of the jurisdiction;
(2) the term ``protection order'' includes any
injunction issued for the purpose of preventing violent
or threatening acts of domestic violence, including
temporary and final orders issued by civil or criminal
courts (other than support or child custody orders or
provisions) whether obtained by filing an independent
action or as a pendente lite order in another
proceeding[.]; and
(3) the term ``dating violence'' means violence
committed by a person--
(A) who is or has been in a social
relationship of a romantic or intimate nature
with the victim; and
(B) where the existence of such a
relationship shall be determined based on a
consideration of the following factors:
(i) the length of the relationship;
(ii) the type of relationship; and
(iii) the frequency of interaction
between the persons involved in the
relationship.
* * * * * * *
----------
VIOLENCE AGAINST WOMEN ACT OF 1994
TITLE IV--VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the ``Violence Against Women Act
of 1994''.
Subtitle A--Safe Streets for Women
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the ``Safe Streets for Women
Act of 1994''.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
* * * * * * *
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
[There are authorized to be appropriated for the United
States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of sex crimes and domestic
violence crimes where applicable (such as the District of
Columbia)--
[(1) $500,000 for fiscal year 1996;
[(2) $500,000 for fiscal year 1997; and
[(3) $500,000 for fiscal year 1998.]
There are authorized to be appropriated for the United
States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of domestic violence and sexual
assault crimes where applicable (such as the District of
Columbia) $1,000,000 for each of the fiscal years 2001, 2002,
2003, 2004, and 2005.
* * * * * * *
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services
Act (42 U.S.C. 300w et seq.) is amended by adding at the end
the following new section:
[``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
[``(a) Permitted Use.--Notwithstanding section 1904(a)(1),
amounts transferred by the State for use under this part may be
used for rape prevention and education programs conducted by
rape crisis centers or similar nongovernmental nonprofit
entities for--
[``(1) educational seminars;
[``(2) the operation of hotlines;
[``(3) training programs for professionals;
[``(4) the preparation of informational materials;
and
[``(5) other efforts to increase awareness of the
facts about, or to help prevent, sexual assault,
including efforts to increase awareness in underserved
racial, ethnic, and language minority communities.
[``(b) Targeting of Education Programs.--States providing
grant monies must ensure that at least 25 percent of the monies
are devoted to education programs targeted for middle school,
junior high school, and high school students.
[``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
[``(1) $35,000,000 for fiscal year 1996;
[``(2) $35,000,000 for fiscal year 1997;
[``(3) $45,000,000 for fiscal year 1998;
[``(4) $45,000,000 for fiscal year 1999; and
[``(5) $45,000,000 for fiscal year 2000.
[``(d) Limitation.--Funds authorized under this section may
only be used for providing rape prevention and education
programs.
[``(e) Definition.--For purposes of this section, the term
`rape prevention and education' includes education and
prevention efforts directed at offenses committed by offenders
who are not known to the victim as well as offenders who are
known to the victim.
[``(f) Terms.--The Secretary shall make allotments to each
State on the basis of the population of the State, and subject
to the conditions provided in this section and sections 1904
through 1909.''.]
* * * * * * *
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) * * *
* * * * * * *
(d) Information.--The Attorney General shall annually
compile and broadly disseminate (including through electronic
publication) information about the use of funds and about the
projects funded under this section, including any evaluations
of the projects and information to enable replication and
adoption of the strategies identified in the projects. Such
dissemination shall target community-based programs, including
domestic violence and sexual assault programs.
* * * * * * *
Subtitle B--Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the ``Safe Homes for Women Act
of 1994''.
* * * * * * *
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) Grants.--The Attorney General may make grants to
States, Indian tribal governments, and local governments of
rural States, and to other public or private entities of rural
States--
(1) to implement, expand, and establish cooperative
efforts and projects between law enforcement officers,
prosecutors, victim advocacy groups, and other related
parties to investigate and prosecute incidents of
domestic and dating violence and child abuse;
(2) to provide treatment and counseling to victims
of domestic and dating violence and child abuse; and
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section--
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997; [and]
(C) $15,000,000 for fiscal year 1998[.];
and
(D) $35,000,000 for each of the fiscal
years 2001, 2002, 2003, 2004, and 2005.
* * * * * * *
(3) Disbursement.--At least 5 percent of the funds
appropriated under paragraph (1) shall be used for
grants to Indian tribal governments.
* * * * * * *
Subtitle D--Equal Justice for Women in the Courts Act
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the ``Equal Justice for Women
in the Courts Act of 1994''.
* * * * * * *
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the
purpose of developing, testing, presenting, and disseminating
model programs to be used by States (as defined in section 202
of the State Justice Institute Act of 1984 (42 U.S.C. 10701))
in training judges and court personnel in the laws of the
States and by Indian tribes in training tribal judges and court
personnel in the laws of the tribes on rape, sexual assault,
domestic violence, dating violence, and other crimes of
violence motivated by the victim's gender. Nothing shall
preclude the attendance of tribal judges and court personnel at
programs funded under this section for States to train judges
and court personnel on the laws of the States.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this
subtitle may include current information, existing studies, or
current data on--
(1) * * *
* * * * * * *
(6) sex stereotyping of female and male victims of
rape and sexual assault, racial stereotyping of rape
victims, stereotyping of persons with disabilities who
are victims of rape, sexual assault, abuse, or violence
and defendants, and the impact of such stereotypes on
credibility of witnesses, sentencing, and other aspects
of the administration of justice;
* * * * * * *
(10) the nature and incidence of domestic violence
and dating violence;
(11) the physical, psychological, and economic
impact of domestic and dating violence on the victim,
the costs to society, and the implications for court
procedures and sentencing;
* * * * * * *
(13) sex stereotyping of female and male victims of
domestic and dating violence, myths about presence or
absence of domestic and dating violence in certain
racial, ethnic, religious, or socioeconomic groups, or
among persons with disabilities, and their impact on
the administration of justice;
* * * * * * *
(17) economic, psychological, social and
institutional reasons for victims' inability to leave
the batterer, to report domestic or dating violence or
to follow through on complaints, including the
influence of lack of support from police, judges, and
court personnel, and the legitimate reasons why victims
of domestic or dating violence may refuse to testify
against a defendant;
(18) the need for orders of protection, and the
implications of mutual orders of protection, dual
arrest policies, and mediation in domestic and dating
violence cases; [and]
(19) recognition of and response to gender-
motivated crimes of violence other than rape, sexual
assault and domestic violence, such as mass or serial
murder motivated by the gender of the victims[.];
(20) the issues raised by domestic violence in
determining custody and visitation, including how to
protect the safety of the child and of a parent who is
not a predominant aggressor of domestic violence, the
legitimate reasons parents may report domestic
violence, the ways domestic violence may relate to an
abuser's desire to seek custody, and evaluating expert
testimony in custody and visitation determinations
involving domestic violence;
(21) the issues raised by child sexual assault in
determining custody and visitation, including how to
protect the safety of the child, the legitimate reasons
parents may report child sexual assault, and evaluating
expert testimony in custody and visitation
determinations involving child sexual assault,
including the current scientifically-accepted and
empirically valid research on child sexual assault;
(22) the extent to which addressing domestic
violence and victim safety contributes to the efficient
administration of justice;
(23) issues related to violence and abuse against
persons with disabilities, including the nature of
physical, mental, and communications disabilities, the
special vulnerability to violence of persons with
disabilities, and the types of violence and abuse
experienced by persons with disabilities;
(24) the requirements placed on courts and judges
under existing disability laws, including the
requirements to provide appropriate auxiliary aids and
services and to ensure physical access; and
(25) the stereotypes regarding the fitness of
persons with disabilities to retain custody of
children, especially in domestic violence cases.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER
THIS TITLE.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law
enforcement officials, public and private nonprofit victim
advocates, including national, State, tribal, and local
domestic violence and sexual assault programs and coalitions,
legal experts, prosecutors, defense attorneys, and recognized
experts on gender bias in the courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this chapter $600,000 for fiscal year 1996 and
$1,500,000 for each of the fiscal years 2001 through 2005.
* * * * * * *
(c) State Justice Institute.--The State Justice Institute
may use up to 5 percent of the funds appropriated under this
section for annually compiling and broadly disseminating
(including through electronic publication) information about
the use of funds and about the projects funded under this
section, including any evaluations of the projects and
information to enable the replication and adoption of the
projects.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
GRANTS.
(a) * * *
* * * * * * *
[(d) Model Programs.--The Federal Judicial Center, in
carrying out section 620(b)(3) of title 28, United States Code,
may--
[(1) include in the educational programs it
presents and prepares, including the training programs
for newly appointed judges, information on issues
related to gender bias in the courts including such
areas as are listed in subsection (a) along with such
other topics as the Federal Judicial Center deems
appropriate;
[(2) prepare materials necessary to implement this
subsection; and
[(3) take into consideration the findings and
recommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues as
it prepares or revises such materials.]
(d) Continuing Education and Training Programs.--The
Federal Judicial Center, in carrying out section 620(b)(3) of
title 28, United States Code, shall include in the educational
programs it prepares, including the training programs for newly
appointed judges, information on the aspects of the topics
listed in section 40412 that pertain to issues within the
jurisdiction of the Federal courts, and shall prepare materials
necessary to implement this subsection.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) * * *
(2) to the Federal Judicial Center to carry out
section 40421(d) $100,000 for fiscal year 1996 and
$500,000 for each of the fiscal years 2001 through
2005; and
* * * * * * *
Subtitle F--National Stalker and Domestic Violence Reduction
* * * * * * *
SEC. 40602. GRANT PROGRAM.
(a) In General.--The Attorney General is authorized to
provide grants to States and units of local government to
improve and implement processes for entering data regarding
stalking and domestic violence into local, State, and national
crime information databases.
* * * * * * *
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; [and]
(3) $2,750,000 for fiscal year 1998[.]; and
(4) $3,000,000 for each of the fiscal years 2001,
2002, 2003, 2004, and 2005.
* * * * * * *
Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older or Disabled Individuals
SEC. 40801. DEFINITIONS.
In this subtitle:
(1) In general.--The terms ``elder abuse, neglect,
and exploitation'', and ``older individual'' have the
meanings given the terms in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
(2) Domestic violence.--The term ``domestic
violence'' has the meaning given such term by section
2105 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796hh-4).
(3) Sexual assault.--The term ``sexual assault''
has the meaning given the term in section 2003 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-2).
SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
The Attorney General shall make grants to law school
clinical programs for the purposes of funding the inclusion of
cases addressing issues of elder abuse, neglect, and
exploitation, including domestic violence and sexual assault,
against older or disabled individuals.
SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.
The Attorney General shall develop curricula and offer, or
provide for the offering of, training programs to assist law
enforcement officers, prosecutors, and relevant officers of
Federal, State, and local courts in recognizing, addressing,
investigating, and prosecuting instances of elder abuse,
neglect, and exploitation, including domestic violence and
sexual assault, against older or disabled individuals.
SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for
each of the fiscal years 2001 through 2005 to carry out this
subtitle.
Subtitle I--Domestic Violence Task Force
SEC. 40901. TASK FORCE.
(a) Establish.--The Attorney General, in consultation with
national nonprofit, nongovernmental organizations whose primary
expertise is in domestic violence, shall establish a task force
to coordinate research on domestic violence and to report to
Congress on any overlapping or duplication of efforts on
domestic violence issues. The task force shall be comprised of
representatives from all Federal agencies that fund such
research.
(b) Uses of Funds.--Funds appropriated under this section
shall be used to--
(1) develop a coordinated strategy to strengthen
research focused on domestic violence education,
prevention, and intervention strategies;
(2) track and report all Federal research and
expenditures on domestic violence; and
(3) identify gaps and duplication of efforts in
domestic violence research and governmental
expenditures on domestic violence issues.
(c) Report.--The Task Force shall report to Congress
annually on its work under subsection (b).
(d) Definition.--For purposes of this section, the term
``domestic violence'' has the meaning given such term by
section 2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2(1).
(e) Authorization of Appropriation.--There are authorized
to be appropriated $500,000 for each of the fiscal years 2001
through 2004 to carry out this section.
----------
FAMILY VIOLENCE PREVENTION AND SERVICES ACT
* * * * * * *
state demonstration grants authorized
Sec. 303. (a) * * *
* * * * * * *
(b)(1) * * *
* * * * * * *
(4) From the amounts made available under paragraph (1),
there shall be awarded by the Secretary not less than 5 percent
of such amounts for the funding of tribal domestic violence
coalitions. To be eligible for a grant under this paragraph, an
entity shall be a private nonprofit coalition whose membership
includes representatives from a majority of the programs for
victims of domestic violence operating within the boundaries of
an Indian reservation and programs whose primary purpose is
serving the populations of such Indian country and whose board
membership is representative of such programs. Such coalitions
shall further the purposes of domestic violence intervention
and prevention through activities including--
(A) training and technical assistance for
local Indian domestic violence programs and
providers of direct services to encourage
appropriate responses to domestic violence in
Indian country;
(B) planning and conducting needs
assessments and planning for comprehensive
services in Indian country;
(C) serving as an information clearinghouse
and resource center for the Indian reservation
represented by the coalition receiving these
funds;
(D) collaborating with Indian, State, and
Federal governmental systems which affect
battered women in Indian country, including
judicial and law enforcement and child
protective services agencies, to encourage
appropriate responses to domestic violence
cases;
(E) conducting public education and
outreach activities addressing domestic
violence in Indian country;
(F) collaborating with State domestic
violence coalitions in the areas described
above; and
(G) participating in planning and
monitoring of the distribution of grants and
grant funds to the Indian reservation and
tribal organizations under paragraph (1).
* * * * * * *
allotment of funds
Sec. 304. (a) From the sums appropriated under section 310
for grants to States for any fiscal year, each State shall be
allotted for payment in a grant authorized under section 303(a)
$500,000, with the remaining funds to be allotted to each State
in an amount which bears the same ratio to such sums as the
population of such State bears to the population of all States,
except that[--
[(1) each State shall be allotted not less than 1
percent of the amounts available for grants under
section 303(a) for the fiscal year for which the
allotment is made, or $400,000, whichever is the lessor
amount; and
[(2)] Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, and the Trust Territory of
the Pacific Islands shall each be allotted not less
than one-eighth of 1 percent of the amounts available
for grants under section 303(a) for the fiscal year for
which the allotment is made.
[For the purpose of the exception contained in clause (1) of
the preceding sentence only, the term ``State'' does not
include Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.]
* * * * * * *
(d)(1) If, at the end of the sixth month of any fiscal year
for which sums are appropriated under section 310, the amount
allotted to a State has not been made available to such State
in grants under section 303(a) or Indian tribe or tribal
organization under section 303(b) because of the failure of
such State or Indian tribe or tribal organization, or other
entity to meet the requirements for a grant, then the Secretary
shall reallot such amount to States and Indian tribes and
tribal organizations which meet such requirements proportionate
to the original allocation made under subsection (a) or (b) of
section 303, respectively.
(2) If, at the end of the sixth month of any fiscal year
for which sums are appropriated under section 310, the amount
allotted to an entity has not been made available to such
entity in grants under sections 308 and 311 because of the
failure of such entity to meet the requirements for a grant or
because the limitation on expenditure has been reached, then
the Secretary shall reallot such amount to States and Indian
tribes and tribal organizations that meet such requirements
proportionate to the original allocation under subsection (a)
or (b) of section 303, respectively.
[(2)] (3) Funds made available by the Secretary through
reallotment under paragraph (1) shall remain available for
expenditure until the end of the fiscal year following the
fiscal year in which such funds become available for
reallotment.
* * * * * * *
discrimination prohibited
Sec. 307. (a)(1) * * *
* * * * * * *
(3) The Secretary shall deny any application that fails to
provide documentation, including memoranda of understanding, of
the specific involvement of the State or tribal domestic
violence coalition and other knowledgeable individuals and
interested organizations, in the development of the State or
tribe's application.
* * * * * * *
SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
(a) Purpose and Grants.--
(1) * * *
(2) Grants.--From the amounts appropriated under
this title, the Secretary shall award grants to private
nonprofit organizations for the establishment and
maintenance of one national resource center (as
provided for in subsection (b)) and not to exceed seven
special issue resource centers (as provided for in
subsection (c)) focusing on providing training and
technical assistance on one or more issues of concern
to domestic violence victims. The Secretary may award
grants to nonprofit, nongovernmental organizations for
technical assistance and training initiatives on the
subjects identified in subsection (c) if such
initiatives do not duplicate the work of the entities
funded under subsection (c) and the total amounts
awarded for such initiatives do not exceed $500,000.
* * * * * * *
(c) Special Issue Resource Centers.--The special issue
resource centers established under subsection (a)(2) shall
provide information, training and technical assistance to State
and local domestic violence service providers on emerging
issues in domestic violence service, prevention, or law, and
shall specialize in at least one of the following areas [of
domestic violence service, prevention, or law]:
(1) * * *
* * * * * * *
(8) Providing technical assistance and training to
local domestic violence programs that provide shelter
or related assistance.
(9) Improving access to services, information, and
training within Indian tribes and tribal organizations.
(10) Responding to emerging issues in the field of
domestic violence that the Secretary may identify in
consultation with advocates representing local programs
providing shelter or related assistance, State domestic
violence coalitions, and national domestic violence
organizations.
(11) Nothing in this section shall prohibit the
Secretary from making multiple grants to any nonprofit,
nongovernmental entity to fulfill the purposes of this
section.
* * * * * * *
(e) Reporting.--Not later than 6 months after receiving a
grant under this section, a grantee shall prepare and submit a
report to the Secretary that evaluates the effectiveness of the
use of amounts received under such grant by such grantee and
containing such additional information as the Secretary may
prescribe. Within 90 days after the date of the enactment of
the Violence Against Women Act of 2000, all entities receiving
funds pursuant to activities under this section shall prepare
and submit a report to the Secretary that evaluates the
effectiveness of the use of amounts received under such grants
by such grantee and containing such other information as the
Secretary may prescribe. The Secretary shall publish any such
reports and provide at least 90 days for notice and opportunity
for public comment prior to awarding or renewing any such
grants.
* * * * * * *
definitions
Sec. 309. As used in this title:
(1) The term ``family violence'' means any act or
threatened act of violence, including any forceful
detention of an individual, which--
(A) * * *
(B) is committed by a person against
another individual (including an elderly
person) to whom such person is or was related
by blood or marriage or otherwise legally
related, with whom such person is or has been
in a continuing social relationship of a
romantic or intimate nature, or with whom such
person is or was lawfully residing.
* * * * * * *
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated
to carry out this title--
[(1) $50,000,000 for fiscal year 1996;
[(2) $60,000,000 for fiscal year 1997;
[(3) $70,000,000 for fiscal year 1998;
[(4) $72,500,000 for fiscal year 1999; and
[(5) $72,500,000 for fiscal year 2000.]
(a) In General.--There are authorized to be appropriated to
carry out this title (other than section 316)--
(1) $120,000,000 for fiscal year 2001;
(2) $160,000,000 for fiscal year 2002;
(3) $200,000,000 for fiscal year 2003; and
(4) $260,000,000 for fiscal year 2004.
* * * * * * *
(c) Section 308.--Of the amounts appropriated under
subsection (a) for each fiscal year, the lesser of $7,500,000
or 5 percent shall be used by the Secretary for making grants
under section 308.
(d) Grants for State and Tribal Coalitions.--Of the amounts
appropriated under subsection (a) for each fiscal year, [not
less than] the lesser of $22,000,000 or 10 percent of such
amounts shall be used by the Secretary for making grants under
section 311. At such time as the appropriation under this
subsection exceeds $11,000,000, the Secretary shall designate
that of the amounts appropriated under this subsection up to 20
percent of such funds shall be made available in the amounts
necessary to State domestic violence coalitions for the
specific purpose of providing technical assistance and training
and direct assistance in the following areas or other
priorities that may be determined by the Secretary in
consultation with State domestic violence coalitions and
programs that provide shelter or related assistance:
(1) Model leadership grants for domestic violence
intervention in underserved populations.--The Secretary
shall award model leadership grants of up to 3 years to
not more than 10 State and tribal domestic violence
coalitions and not more than 10 local domestic violence
programs providing shelter or related assistance to
develop model strategies to address domestic violence
in underserved populations as defined in section
2003(7) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-2(7)). Such grants shall
be made to assess the needs of underserved populations
in the State or Indian country; build collaborative
relationships with community-based organizations
serving underserved populations; and develop and
implement model community intervention strategies to
decrease the incidence of domestic violence in
underserved populations.
(A) Eligibility.--To be eligible for a 1-
year model leadership grant under this
paragraph, an applicant shall demonstrate--
(i) a plan for assessing the needs
of underserved populations and
identifying a specific population for
development of an intervention strategy
in the year of the grant; and
(ii) inclusion of representatives
from community-based organizations in
underserved populations in planning,
designing, and disseminating the needs
assessment instruments.
(B) Eligibility for continued funding.--To
be eligible for continued funding of up to 2
additional years of a 1-year model leadership
grant, an applicant shall provide--
(i) a plan for implementing the
model strategies which includes
collaborative partnerships with
community-based organizations within
the underserved populations identified;
and
(ii) a plan for disseminating the
model strategy throughout the State or
Indian country, or to other States
during year 3 of the grant.
(C) Priority for collaborative funding.--In
awarding grants under this paragraph, the
Secretary shall give preference to State and
tribal domestic violence coalitions and local
domestic violence shelters and programs that
submit applications in collaboration with
community-based organizations serving
underserved populations. A grant may not be
made under this subsection in an amount less
than $100,000 for each fiscal year.
(2) Direct emergency assistance to victims of
domestic violence.--
(A) In general.--The Secretary shall award
grants to each State and tribal domestic
violence coalition for the purpose of
administering an emergency assistance fund for
victims of domestic violence. Funds received
under this paragraph may be used only to
provide emergency assistance directly to
victims of domestic violence who are in the
process of fleeing an abusive situation.
Emergency assistance shall include
transportation, housing, and other expenses
associated with relocation. Funds shall be
requested by domestic violence shelters and
programs on behalf of victims.
(B) Application.--Prior to receipt of
emergency assistance grants under this
paragraph, the State or tribal domestic
violence coalition shall provide to the
Secretary--
(i) a detailed description of the
process for receiving and reviewing
applications for emergency assistance;
(ii) a detailed description of the
process for notifying domestic violence
shelters and programs about the
availability of emergency assistance
funds;
(iii) an application form that
includes the type of assistance
requested, a statement of need for the
funds, a statement about the impact of
the funds on the victim's ability to
escape domestic violence, and other
such information that would be helpful
in disbursing emergency assistance
funds;
(iv) the process used to make
payments to recipients; and
(v) a statement of procedures used
to protect the confidentiality of
recipients.
(C) Reporting.--The State or tribal
domestic violence coalition shall file an
annual report to the Secretary describing the
distribution of funds to victims of domestic
violence by type and amount of assistance
provided. For reasons of safety and
confidentiality, such report shall not contain
individually identifying information.
(3) Technical assistance and training for state,
local, and tribal domestic violence programs.--
(A) In general.--The Secretary shall award
grants to a State or tribal domestic violence
coalition for the purpose of providing training
and technical assistance for State and tribal
domestic violence coalitions and other
nonprofit, nongovernmental State, local, and
tribal domestic violence programs. Funds
received under this paragraph shall be used to
conduct regional training and technical
assistance initiatives to be developed and
implemented by a nonprofit, nongovernmental
State or tribal domestic violence coalition
within each of the regions administered by the
Department of Health and Human Services. Funds
shall be used to prioritize, plan, and
implement solutions to regional problems
experienced by domestic violence coalitions and
programs providing shelter or related
assistance within the region.
(B) Eligibility.--To be eligible for a
grant under this paragraph the grantee shall
have the support of the majority of State and
tribal domestic violence coalitions within the
region and shall have its principal place of
operation within the region. Nothing in this
section shall prohibit domestic violence
programs within Indian tribes from receiving
technical assistance and training under this
grant program. Grantees shall be encouraged to
work in collaboration with domestic violence
advocates and organizations outside of the
region and with the national resource center
and special issue resource centers established
in this Act to provide expertise in delivering
training and technical assistance within the
region.
(C) Reporting.--The grantee State or tribal
domestic violence coalition shall file an
annual report to the Secretary describing the
recipients and the type of technical assistance
and training received.
* * * * * * *
SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) * * *
* * * * * * *
(f) Reports.--Within 90 days after the date of the
enactment of the Violence Against Women Act of 2000, all
entities receiving funds pursuant to activities under
subsection (a) shall prepare and submit a report to the
Secretary that evaluates the effectiveness of the use of
amounts received under such grants by such grantee and
containing such other information as the Secretary may
prescribe. The Secretary shall publish any such reports and
provide at least 90 days for notice and opportunity for public
comment prior to awarding or renewing any such grants.
[(f)] (g) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section--
[(A) $1,000,000 for fiscal year 1995;
[(B) $400,000 for fiscal year 1996;
[(C) $400,000 for fiscal year 1997;
[(D) $400,000 for fiscal year 1998;
[(E) $400,000 for fiscal year 1999; and
[(F) $400,000 for fiscal year 2000.]
(1) In general.--There are authorized to be
appropriated to carry out the purposes of this
section--
(A) $1,600,000 for fiscal year 2001;
(B) $1,800,000 for fiscal year 2002;
(C) $2,000,000 for fiscal year 2003; and
(D) $2,000,000 for fiscal year 2004.
* * * * * * *
SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) * * *
* * * * * * *
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
[(1) $4,000,000 for fiscal year 1996; and
[(2) $6,000,000 for for each of the fiscal years
1997 through 2002.]
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $8,000,000 for fiscal year 2001;
(2) $9,000,000 for fiscal year 2002;
(3) $10,000,000 for fiscal year 2003; and
(4) $11,000,000 for fiscal year 2004.
(i) Regulations.--
(1) In general.--Not later than 60 days after the
date of enactment of this section, the Secretary shall
publish proposed regulations implementing this section.
Not later than 120 days after the date of enactment,
the Secretary shall publish final regulations
implementing this section.
(2) Information.--The Secretary shall annually
compile and broadly disseminate (including through
electronic publication) information about the use of
funds and about the projects funded under this section,
including any evaluations of the projects and
information to enable replication and adoption of the
strategies identified in the projects. Such
dissemination shall target other community-based
programs, including domestic violence and sexual
assault programs.
----------
SECTION 316 OF THE RUNAWAY AND HOMELESS YOUTH ACT
* * * * * * *
grants for prevention of sexual abuse and exploitation
Sec. 316. (a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $7,000,000 for fiscal year 1996;
(2) $8,000,000 for fiscal year 1997; [and]
(3) $15,000,000 for fiscal year 1998[.]; and
(4) $22,000,000 for each of the fiscal years 2001,
2002, 2003, and 2004.
(d) Information.--The Secretary shall annually compile and
broadly disseminate (including through electronic publication)
information about the use of funds and about the projects
funded under this subtitle, including any evaluations of the
projects and information to enable replication and adoption of
the strategies identified in the projects. Such dissemination
shall target community-based programs, including domestic
violence and sexual assault programs.
[(d)] (e) Definitions.--For the purposes of this section--
(1) the term ``street-based outreach and
education'' includes education and prevention efforts
directed at offenses committed by offenders who are not
known to the victim as well as offenders who are known
to the victim; and
(2) the term ``street youth'' means a juvenile who
spends a significant amount of time on the street or in
other areas of exposure to encounters that may lead to
sexual abuse.
----------
VICTIMS OF CHILD ABUSE ACT OF 1990
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990
SEC. 201. SHORT TITLE.
This title may be cited as the ``Victims of Child Abuse Act
of 1990''.
* * * * * * *
Subtitle B--Court-Appointed Special Advocate Program
* * * * * * *
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
to carry out this subtitle--
(1) $6,000,000 for fiscal year 1996;
(2) $6,000,000 for fiscal year 1997;
(3) $7,000,000 for fiscal year 1998;
(4) $9,000,000 for fiscal year 1999; [and]
(5) $10,000,000 for fiscal year 2000[.]; and
(6) $12,000,000 for each of the fiscal years 2001,
2002, 2003, and 2004.
* * * * * * *
Subtitle C--Child Abuse Training Programs for Judicial Personnel and
Practitioners
* * * * * * *
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated
to carry out this subtitle--
(1) $750,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $2,000,000 for fiscal year 1998;
(4) $2,000,000 for fiscal year 1999; [and]
(5) $2,300,000 for fiscal year 2000[.]; and
(6) $2,300,000 for each of the fiscal years 2001,
2002, 2003, and 2004.
* * * * * * *
----------
PUBLIC HEALTH SERVICE ACT
* * * * * * *
Part J--Prevention and Control of Injuries
* * * * * * *
interpersonal violence within families and among acquaintances
Sec. 393. (a) * * *
* * * * * * *
(b)(1) With respect to all victims of sexual assault and
interpersonal violence who present at hospital emergency rooms
and other sites offering services to such victims,
demonstration projects under subsection (a)(6) shall include
projects in which, on a 24-hour basis, nurses and other health
care professionals at such rooms and sites who are trained in
accordance with protocols under paragraph (2)--
(A) identify victims of such violence;
(B) collect physical evidence from the victims that
may be of use in judicial proceedings regarding the
violence; and
(C) provide information and appropriate referrals
to rape crisis center programs and victim service
providers, including referrals to health-related
services and social services.
(2) In carrying out paragraph (1), the Secretary shall
carry out a program to train nurses and other health care
professionals to provide the services described in such
paragraph. The program shall develop a protocol for such
training.
[(b)] (c) For purposes of this part, the term
``interpersonal violence within families and among
acquaintances'' includes behavior commonly referred to as
domestic violence, sexual assault, spousal abuse, woman
battering, partner abuse, elder abuse, and acquaintance rape.
* * * * * * *
SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
(a) Grants.--
(1) Permitted use.--Notwithstanding section
1904(a)(1), amounts transferred by the State for use
under this part shall be used for rape prevention and
education programs conducted by rape crisis centers and
private nonprofit nongovernmental State and tribal
sexual assault coalitions for--
(A) educational seminars;
(B) the operation of hotlines;
(C) training programs for professionals;
(D) the preparation of informational
material; and
(E) other efforts to increase awareness of
the facts about, or to help prevent, sexual
assault, including efforts to increase
awareness in underserved populations (as
defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2(7)).
(2) Terms.--
(A) Populations.--The Secretary shall make
grants under subsection (a) to each State on
the basis of the population of the State.
(B) Rape prevention and education
programs.--No State may use funds made
available by reason of paragraph (1) in any
fiscal year for administration of any
prevention program other than the rape
prevention and education program for which
grants are made under paragraph (1).
(C) Availability.--Any amount paid to a
State for a fiscal year and remaining
unobligated at the end of such year shall
remain available for the next fiscal year to
such State for the purposes for which it was
made.
(D) Administrative and technical
assistance.--The Secretary shall use not more
than 5 percent of the funds available under
paragraph (1) for the purposes of
administrative and technical assistance.
(E) Targeting of education programs.--
States receiving grant moneys under paragraph
(1) shall ensure that at least 25 percent of
the moneys are devoted to educational programs
targeted for middle school, junior high, and
high school aged students. The programs
targeted under this subsection shall be
conducted by rape crisis centers and State and
tribal sexual assault coalitions.
(b) National Resource Center.--
(1) Establishment.--At such time as appropriations
under subsection (c) reach at least $80,000,000, the
Secretary of Health and Human Services shall, through
the National Center for Injury Prevention and Control
at the Centers for Disease Control and Prevention,
establish a National Resource Center on Sexual Assault
to provide resource information, policy, training, and
technical assistance to Federal, State, and Indian
tribal agencies, as well as to State and tribal sexual
assault coalitions and local sexual assault programs
and to other professionals and interested parties on
issues relating to sexual assault. The Resource Center
shall maintain a central resource library in order to
collect, prepare, analyze, and disseminate information
and statistics and analyses thereof relating to the
incidence and prevention of sexual assault.
(2) Eligible organizations.--The Secretary shall
award a grant under paragraph (1) to a private
nonprofit organization which can--
(A) demonstrate that it has recognized
expertise in the area of sexual assault and a
record of high-quality services to victims of
sexual assault, including a demonstration of
support from advocacy groups, such as State and
tribal sexual assault coalitions or recognized
national sexual assault groups; and
(B) demonstrate a commitment to diversity
and to the provision of services to underserved
populations as defined in section 2003(7) of
the Omnibus Crime Control and Safe Street Act
of 1968 (42 U.S.C. 3796gg-2(7)).
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section--
(A) $80,000,000 for fiscal year 2001;
(B) $105,000,000 for fiscal year 2002;
(C) $105,000,000 for fiscal year 2003;
(D) $155,000,000 for fiscal year 2004; and
(E) $155,000,000 for fiscal year 2005.
Funds authorized to be appropriated under this section
are appropriated from the Violent Crime Reduction Fund
pursuant to section 310001(c) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14211(c)) and paragraph (16) under the definition of
prevention program in section 310004(d) of such Act (42
U.S.C. 14214(d)).
(2) Sexual assault coalitions.--At such time as
appropriations under subsection (c) reach at least
$80,000,000, the Secretary shall designate 15 percent
of the total amount appropriated to be used for making
grants to nonprofit, nongovernmental State sexual
assault coalitions to address public health issues
associated with sexual assault through training,
resource development, or similar research.
(3) Indian country.--At such time as the
appropriations under subsection (c) reach at least
$80,000,000, there shall be awarded by the Secretary
not less than 5 percent of such amounts for the funding
of tribal sexual assault coalitions. To be eligible for
a grant under this paragraph, an entity shall be a
private nonprofit coalition whose membership includes
representatives from a majority of the programs for
adult and child victims of sexual assault operating
within the boundaries of such Indian country and
programs whose primary purpose is serving the
population of an Indian reservation, and whose board
membership is representative of such programs. Such
coalitions shall further the purposes of sexual assault
intervention and prevention through activities
including--
(A) training and technical assistance for
local Indian sexual assault programs and
providers of direct services to encourage
appropriate responses to sexual assault in
Indian country;
(B) planning and conducting needs
assessments and planning for comprehensive
services in Indian country;
(C) serving as an information clearinghouse
and resource center for any Indian reservation
represented by the coalition receiving these
funds;
(D) collaborating with Indian, State, and
Federal systems which affect adult and child
victims of sexual assault in Indian country,
including judicial, law enforcement, and child
protective services agencies, to encourage
appropriate responses to sexual assault cases;
(E) conducting public education and
outreach activities addressing sexual assault
in Indian country;
(F) collaborating with sexual assault
coalitions in the areas described above; and
(G) participating in planning and
monitoring of the distribution of grants and
grant funds to Indian reservation and tribal
organizations under this section.
(4) Subsection (b) allotment.--Of the amount
appropriated for any fiscal year under this section, at
least $1,000,000 shall be made available for grants
under subsection (b), with yearly increases of at least
10 percent of the prior year's allotment.
(d) Limitations.--
(1) A State may use funds under subsection (a) only
so as to supplement and, to the extent practicable,
increase the level of funds that would be available
from non-Federal sources for the activities described
in subsection (a), and in no case may such funds be
used to supplant funds from other sources.
(2) A State may not use more than 2 percent of the
funds received in each fiscal year under this section
for surveillance studies or prevalence studies and
funds for such studies shall be available only at such
time as appropriations under subsection (c) reach at
least $80,000,000.
(3) A State may not use more than 5 percent of
funds received in each fiscal year under subsection (a)
for administrative expenses.
(e) Definitions.--
(1) Indian country.--The term ``Indian Country''
has the same meaning as is given such term by section
1151 of title 18, United States Code.
(2) Rape prevention and education.--For purposes of
this section, the term ``rape prevention and
education'' includes education and prevention efforts
directed at sexual offenses committed by offenders who
are not known to the victim as well as offenders who
are known to the victim.
(3) Sexual assault.--The term ``sexual assault''
means any conduct proscribed by chapter 109A of title
18, United States Code, whether or not the conduct
occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal
prison and includes both assaults committed by
offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or
related by blood or marriage to the victim.
(4) Rape crisis center.--The term ``rape crisis
center'' means a private, nonprofit, nongovernmental
organization that is organized, or has as one of its
primary purposes, to provide services for victims of
sexual assault and has a record of commitment and
demonstrated experience in providing services to
victims of sexual assault.
(5) Sexual assault program.--The term ``sexual
assault program'' means a private, nonprofit,
nongovernmental organization that is organized, or has
as one of its primary purposes, to provide services for
victims of sexual assault and has a record of
commitment and demonstrated experience in providing
services to victims of sexual assault.
(6) Sexual assault coalition.--The term ``sexual
assault coalition'' means a coalition that coordinates
State victim service activities, and collaborates and
coordinates with Federal, State, and local entities to
further the purposes of sexual assault intervention and
prevention.
Additional Views
We offer these additional views because in many respects
H.R. 1248, as reported by the committee, represents a missed
opportunity to further solidify and strengthen Federal
legislation to combat domestic violence. Not only did the
Majority choose to weaken several important aspects of H.R.
1248 as introduced by Ms. Morella (such as limiting the
availability of grants for programs dealing with dating or same
sex violence, or for persons harmed on account of their sexual
orientation, religion, or alienage status), but the Majority
also failed to incorporate other important legislative
initiatives that could serve to reduce domestic violence (such
as protections for battered immigrants and victims of gender-
motivated violence).
We appreciate the fact that the Majority has chosen to move
legislation reauthorizing the funding programs provided in the
Violence Against Women Act and also accepted several Democratic
amendments to improve those programs; however, the end product
falls short of bipartisan legislation that has been introduced
by Representatives Conyers and Morella in the House (H.R. 357),
and by Senators Biden and Hatch in the Senate (S. 2787). We
were particularly disappointed that the Majority refused to
mark up or even hold hearings on H.R. 357,\1\ despite repeated
requests by the Minority, and the fact that every single
Democratic member of the committee cosponsored an amendment to
H.R. 1248 incorporating the major components of H.R. 357.\2\
---------------------------------------------------------------------------
\1\ In January 1999, Representative Conyers introduced H.R. 357,
the Violence Against Women Act of 1999, which was substantially similar
to a VAWA bill that Mr. Conyers introduced in the 105th Congress (H.R.
3514). H.R. 357 is widely viewed by of all of the major domestic
violence and sexual assault coalitions as the major piece of
legislation addressing intimate partner violence. H.R. 357 currently
has 180 cosponsors, and has generated bi-partisan support. H.R. 357
does several things to combat domestic violence: (1) it reauthorizes
funding for the original VAWA I programs in the same way that H.R. 1248
does, (2) it creates additional programs to address domestic violence
and sexual assault more comprehensively, and (3) it changes substantive
criminal, civil, and immigration law to combat domestic violence and
sexual assault.
Among other things, H.R. 357 contains a section on violence against
children, which funds school programs to address domestic violence and
sexual assault and which trains welfare agencies to recognize the
warning signs of abuse. There is also a separate title to deal with
violence in underserved communities, including older women, disabled
women, and immigrant women. H.R. 357 would also establish a national
resource center on sexual assault, prohibit individuals who have been
involved in sexual misconduct from becoming prison guards, and give
priority in funding to medical schools and training programs that
require students to be trained in the identification and treatment of
domestic violence and sexual assault. To combat violence in the
workplace, H.R. 357 establishes a national workplace clearinghouse on
domestic violence and sexual assault, and it prohibits employers from
taking adverse job actions against an employee because that employee
has been the victim of a crime. It also requires employers to provide
leave to employees for the purpose of dealing with domestic violence
and its aftermath, and it allows women to use their family and medical
leave to deal with domestic abuse. These are just a few of the new
programs that H.R. 357 would create to deal with the pervasive problems
of domestic violence and sexual assault.
\2\ Crime Subcommittee Chairman McCollum raised a point of order
against this amendment.
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Current Law and Legislative Efforts
In order to address the nationwide problem of domestic
violence and sexual assault,\3\ Democrats led the fight to pass
the Violence Against Women Act in 1994 (``VAWA I'').\4\ This
landmark legislation had several components. First, it provided
funding through fiscal year 2000 for numerous programs to
combat domestic violence and sexual assault, including, among
other things, battered women's shelters and rape crisis
centers; a domestic violence hotline; training for prosecutors,
judges, and court personnel; pro-arrest policies; victims'
counselors; and victims of child abuse programs. In addition,
VAWA I included several civil and criminal provisions to combat
domestic violence and sexual assault. For example, it increased
penalties for Federal rape convictions and criminalized
violations of protection orders and interstate domestic
violence, including stalking; required States, as a condition
of receiving Federal VAWA funds, to meet certain standards with
respect to domestic violence procedures;\5\ and created a
Federal civil remedy for victims of gender-motivated crimes of
violence.\6\
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\3\ According to National Crime Victimization Survey data from the
Department of Justice (a conservative estimate), about 1 million
violent crimes in 1998 were committed against people by their current
or former spouses, boyfriends, or girlfriends. These crimes were
committed primarily against women. About 85% of victimizations by
intimate partners in 1998, or 876,340, were against women. Intimate
partner violence made up 22% of violent crime against women between
1993 and 1998. By contrast, during this period intimate partners
committed 3% of the violence against men. Callie Marie Rennison & Sarah
Welchans, Department of Justice, Bureau of Justice Statics, Special
Report, Intimate Partner Violence, May 2000 [hereinafter ``BJS
Study''].
\4\ In part as a result of VAWA I, intimate partner violence
decreased 21% from 1993 to 1998. Nevertheless, domestic violence is
still experienced by hundreds of thousands of women each year, and
there still are demographic groups that need better access to services
and the criminal justice system. For example, between 1993 and 1998,
women ages 16 to 24 experienced the highest per capita rates of
intimate violence. BJS Study.
\5\ E.g., States could not require a victim to bear the cost of a
rape exam, and States could not require a victim to pay a filing fee in
order to obtain a protection order.
\6\ On May 15, 2000, the Supreme Court struck down this civil
rights remedy, as violative of the Commerce Clause and the 14th
amendment. United States v. Morrison, ____U.S.____, 120 S. Ct. 1740
(2000). The Supreme Court's decision did not invalidate any other
portion of VAWA I, and it does not affect the validity of any of the
new proposed VAWA legislation.
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H.R. 1248, as approved by the committee, reauthorizes
existing VAWA I programs for 5 years beyond 2000. It continues
funding for VAWA I programs such as law enforcement and
prosecution grants to combat violence against women, the
National Domestic Violence Hotline, battered women's shelters
and services, education and training for judges and court
personnel, pro-arrest policies, rural domestic violence and
child abuse enforcement, stalker reduction, and others. The
bill also authorizes funding for new programs such as civil
legal assistance, transitional housing, and a pilot program for
supervised child visitation centers.\7\
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\7\ In addition, several important amendments were offered by
Democratic Members and accepted by the Majority. In the area of elder
abuse, Rep. Baldwin amended the bill to authorize law school and law
enforcement training programs regarding domestic violence against older
women, community initiatives to combat domestic violence, and outreach
programs targeted to older women who are victims of domestic violence.
In addition, Rep. Baldwin amended the bill to ensure the inclusion of
women with disabilities in existing domestic violence and sexual
assault programs, provide training on issues of violence against women
with disabilities, and provide technical assistance to assist shelters
and victim services organizations with the requirements of the
Americans with Disabilities Act. The committee also accepted an
amendment offered by Rep. Weiner regarding sexual assault examiners,
which directs the Attorney General to evaluate existing standards of
training, practice, and payment of forensic exams and to recommend a
national protocol. Finally, H.R. 1248 includes an amendment offered by
Rep. Conyers requiring that domestic violence and sexual assault crimes
be included in reports to the National Instant Criminal Background
Check system.
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The following is a description of the principal areas of
concern we have with the committee-passed legislation:
I. The Committee-Passed Bill Weakens Key Aspects of H.R. 1248
The Committee-Passed Bill Changes the Definition of
``Domestic Violence'' to Eliminate Coverage of
Dating Violence and Same-Sex Violence
One of the most serious concerns we have with the
committee-passed bill is its failure to expand the scope of
VAWA funding to include programs designed to combat dating
violence, including violence in same-sex relationships.\8\ As
introduced, H.R. 1248 would have amended VAWA so that the term
``domestic violence'' would have included dating violence, and
violence between same-sex couples,\9\ a position which is
strongly supported by all of the major domestic violence and
sexual assault groups, the Department of Justice,\10\ the
National Association of Attorneys General,\11\ and the U.S.
Conference of Mayors.\12\
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\8\ The definition of ``domestic violence'' under VAWA I covers
acts of dating violence only in States and jurisdictions whose domestic
violence or family violence laws include dating relationships. If a
state's or jurisdiction's domestic or family violence laws do not
include dating violence, VAWA grants cannot be provided to programs in
those States and jurisdictions that target dating violence. 42 U.S.C.
Sec. 3796gg-2(1) (1994).
\9\ As introduced, H.R. 1248 defined ``domestic violence'' to mean:
``acts or threats of violence, not including acts of self-defense,
committed by a current or former spouse of the victim, by a person with
whom the victim shares a child in common, by a person who is cohabiting
with or has cohabited with the victim, by a person who is or has been
in a continuing social relationship of a romantic or intimate nature
with the victim, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction,
or by any other person against a victim who is protected from that
person's acts under the domestic or family violence laws of the
jurisdiction.'' H.R. 1248, Sec. 2(a)(1).
\10\ Letter from Bonnie J. Campbell, Director, Violence Against
Women Office, U.S. Department of Justice, to Hon. Bill McCollum,
chairman, Subcommittee on Crime, Committee on the Judiciary, June 21,
2000.
\11\ Letter from National Association of Attorneys General to Hon.
Henry Hyde, chairman, Committee on the Judiciary, June 13, 2000 (``We
urge you to . . . [s]trengthen VAWA by authorizing coverage of `dating
relationships' in its criminal provisions and in its grants.'').
\12\ U.S. Conference of Mayors, Resolution No. 61,
``Reauthorization of Violence Against Women Grant Programs'' (``[T]he
new VAWA legislation should contain . . . an amended definition of
domestic violence under all VAWA grant programs to permit projects to
target services to victims of dating violence in all jurisdictions. . .
.'').
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Unfortunately, at the Crime Subcommittee markup of H.R.
1248, Rep. McCollum introduced a manager's amendment that
changed the bill's definition of domestic violence to exclude
dating violence and violence in same-sex relationships. At the
Full Committee markup, Rep. McCollum offered a manager's
amendment that added a separate definition of ``dating
violence'' to selected VAWA programs.\13\ This approach is
inadequate, however, because it does not include dating
violence in all VAWA programs. For example, the McCollum
amendment adds the term dating violence to only two out of ten
purpose areas for which STOP Grants (which are law enforcement,
victim services, and prosecution grants to combat domestic
violence and sexual assault) can be used,\14\ and only two out
of six purpose areas for which Grants to Encourage Arrest
Policies can be used.\15\ In addition, dating violence is
omitted from the purpose areas of the civil legal assistance
grants.\16\
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\13\ ``Dating violence'' is defined to mean violence committed by a
person ``who is or has been in a social relationship of a romantic or
intimate nature with the victim'' and ``where the existence of such
relationship shall be determined based on a consideration of the
following factors: (i) the length of the relationship; (ii) the type of
relationship; and (iii) the frequency of interaction between the
persons involved in the relationship.'' H.R. 1248, Sec. 2(g).
\14\ STOP grant purpose areas that are not covered include:
developing, training, or expanding units of law enforcement officers
and prosecutors specifically targeting dating violence; developing and
implementing more effective police and prosecution protocols, orders,
and services specifically devoted to preventing, identifying, and
responding to dating violence; developing, installing, or expanding
data collection and communication systems, for the purpose of
identifying and tracking arrests, protection orders, prosecutions, and
convictions for dating violence; developing, enlarging, or
strengthening programs addressing the circumstances in Indian tribes in
dealing with dating violence; and developing, enlarging, or
strengthening State and local court programs, including training for
State, local, and tribal judges and court personnel, and addressing
violent crimes against women, including dating violence.
\15\ Grants to Encourage Arrest Policies purpose areas that are not
covered include: centralizing and coordinating police enforcement,
prosecution, or judicial responsibility for dating violence cases; and
educating judges in criminal and other courts about dating violence,
and to improve judicial handling of such cases.
\16\ Rep. Conyers and Rep. Rothman offered an amendment that would
have ensured that all VAWA programs covered dating violence, by
restoring dating violence to the definition of ``domestic violence,''
as H.R. 1248 originally contemplated. The Conyers-Rothman amendment was
defeated in a party line vote.
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The Majority's failure adequately to include dating
violence within VAWA means that both adult and teen victims of
dating violence will have less than adequate services and
protections. Teenagers will be particularly negatively impacted
by this constraint. Just last month, the U.S. Department of
Justice released a study indicating that young women between
the ages of 16 and 24 experience the highest rates of violence
by current or former intimate partners.\17\ And 40% of teenage
girls between the ages of 14 and 17 report knowing someone
their age who has been hit or beaten by a boyfriend. These
statistics are chilling and indicate how dangerous the bill's
failure to fully cover dating violence within the scope of its
grants will be.
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\17\ BJS Study.
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The Committee-Passed Bill Changes the Definition of
``Underserved Populations'' To Exclude Populations
Underserved Because of Sexual Orientation,
Religion, and Alienage Status
Another serious concern we have with H.R. 1248 is its
failure to include populations underserved because of sexual
orientation, religion and alienage status within the scope of
additional funding opportunities available to help combat
domestic violence.\18\ Under the version of the bill introduced
by Rep. Morella, the term ``underserved populations'' was
expanded to include ``populations underserved because of race,
ethnicity, age, disability, sexual orientation, religion,
alienage status, geographic location (including rural
isolation), language barriers, and any other populations
determined to be under served by the State planning process.''
\19\ Unfortunately, at the Crime Subcommittee markup of H.R.
1248, Rep. McCollum's manager's amendment restricted the
definition of ``underserved populations'' to eliminate the
categories of sexual orientation, religion, and alienage
status.\20\
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\18\ VAWA I states that in distributing grants to help combat
domestic violence, States are encouraged to give additional
consideration to ``underserved populations.'' States are also required
to document how their programs address underserved populations. The
definition of ``underserved populations'' in VAWA I includes
``populations underserved because of geographic location (such as rural
isolation), underserved racial or ethnic populations, and populations
underserved because of special needs, such as language barriers or
physical disabilities.'' 42 U.S.C. Sec. 3796gg-2(7) (1994).
\19\ H.R. 1248, Sec. 2(a)(7) (emphasis added).
\20\ Rep. McCollum's amendment permits other populations to be
designated as underserved by the State planning process in consultation
with the Attorney General.
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We strongly oppose this limitation because we believe it is
important that immigrants, gays and lesbians, and religious
groups be eligible for additional consideration for VAWA
grants. Immigrant women are particularly in need of assistance
because many times, they rely upon their batterers for their
immigration status, and they must overcome language and
cultural barriers, as well. The inclusion of ``alienage
status'' as an ``underserved population'' would help women like
``Emma Perez'' (name change), a Cuban national living in Miami
with her Cuban husband, who is a lawful permanent resident. The
husband sexually abuses their 15 year old daughter, has been
very violent, and has a criminal history. He was in jail for 8
years for drug trafficking offenses. He has killed people in
the past and threatens to kill Emma if she talks to anyone
about the sexual abuse of her daughter.\21\
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\21\ Both at the subcommittee and at the Full Committee markups,
Representatives Conyers, Scott, and Jackson Lee offered an amendment
that would have restored the categories of alienage status, age, and
religion to the definition of ``underserved populations.'' This
amendment was defeated by Majority in a party line vote. In addition,
at the Full Committee markup, an amendment offered by Mr. Frank to the
Conyers-Scott-Jackson Lee Amendment was adopted by voice vote that
would have added ``gender identity characteristics or expression'' as
an underserved population, as well.
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II. The Majority Failed to Add Several Important Provisions to Further
Strengthen the Law
H.R. 1248 Fails to Provide Comprehensive Funding for Civil
Legal Assistance
At Full Committee, H.R. 1248 was nominally expanded to
authorize funds for civil legal assistance for victims of
domestic violence pursuant to an amendment offered by Rep.
Hutchinson. We have several concerns with this amendment.
First, the funding levels provided in the Hutchinson Amendment
are inadequate to address the civil legal needs of victims of
violence,\22\ and they actually reduce from current levels the
money available for civil legal assistance to domestic violence
victims.\23\ Second, the amendment fails explicitly to cover
programs to assist victims in enforcing their protection
orders--which is often the first line of defense for victims
who have escaped abusive relationships.
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\22\ It is estimated that the Hutchinson Amendment will only fund
two to four additional service providers in each State.
\23\ For fiscal year 2000, $35.2 million was appropriated for civil
legal assistance for domestic violence victims. By comparison, the
Hutchinson Amendment authorizes $35.25 million for fiscal year 2001,
increasing to $55 million for fiscal year 2005. Because the Hutchinson
Amendment allocates 25% of these funds for civil legal assistance for
victims of sexual assault, however, the Hutchinson Amendment actually
reduces from current levels the monies that are available for civil
legal assistance for victims of domestic violence.
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These omissions will have adverse consequences.
Approximately 65 percent of petitioners for orders of
protection in Washington D.C. alone lack legal representation.
According to a survey of domestic violence shelters in Texas,
about 75 percent of shelters reported a great need for more
legal services for divorce in domestic violence cases, and 85
percent indicated a great need for legal services with regard
to custody. In fiscal year 1998, the first year of civil legal
assistance, the Department of Justice received 400
applications, of which they could only fund 57. Between fiscal
years 1998 and 1999, the advocacy community estimated that only
450 attorneys and paralegals were funded through the Federal
civil legal assistance program. Thus, funding levels under the
Hutchinson Amendment merely scratch the surface of the overall
problem.
We are also troubled by the fact that the Hutchinson
Amendment contains an inappropriate restriction on funding for
litigation with respect to abortion. In certain cases,
abortion-related litigation may be a necessary component of
civil legal assistance. For example, a woman may be newly
impoverished by having left an abusive relationship and thus in
need of assistance in qualifying for Medicaid, which under
certain circumstances (such as rape or incest), does cover
abortion services. She may be a minor who has been raped by her
father in a state requiring parental consent before an
abortion, who needs help to navigate the judicial-bypass
process. Further, abortion-related litigation may be necessary
where States are in non-compliance with the Hyde restrictions
that govern Medicaid funding of abortion,\24\ or where a woman
may need an attorney to ensure compliance with even the minimal
protections of the Hyde amendment. Equally problematic is the
fact that the Hutchinson Amendment applies these restrictions
to a new group of service providers. The restriction on
abortion-related litigation currently applies to the Legal
Service Corporation. The Hutchinson Amendment extends this
limitation to other private, nonprofit entities, Indian tribal
governments, and publicly funded organizations such as law
schools. We should not be using a VAWA bill to expand the reach
of current abortion-related bans to new programs and new types
of organizations.\25\
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\24\ Pub. L. No. 106-113, Sec. 508-509.
\25\ Representatives Conyers, Nadler, and Baldwin offered an
amendment that would have provided full funding (beginning at $60
million in FY 2001 and increasing to $124 million for FY 2005) for
comprehensive civil legal assistance for victims of violence.
Furthermore, the amendment contained no abortion-related restrictions
on funding. This amendment was based on similar provisions in H.R. 357
as well as in H.R. 4663, the Access to Safety and Advocacy for Victims
of Violence Act, which was introduced by Rep. Lowey. The Conyers-
Nadler-Baldwin amendment was defeated by the Republicans in a party
line vote. Rep. Baldwin also offered an amendment, which was defeated
in a party line vote, that would have increased the funding levels of
the Hutchinson Amendment to those of the Conyers-Nadler-Baldwin
Amendment and expanded the scope of civil legal assistance. In
addition, Rep. Conyers offered an amendment that would have limited the
abortion restrictions, so they would not apply in cases where the life
or health of the expectant mother was at risk, or where the pregnancy
resulted from rape or incest. This amendment was also defeated in a
party line vote. Finally, Rep. Berman offered an amendment that would
have allowed litigation-related abortion counseling where the life of
the expectant mother was at risk, or where the pregnancy resulted from
rape or incest. This amendment was also defeated by the Republicans,
with only one Republican member voting in favor of it.
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H.R. 1248 Fails to Include Funding for Domestic Violence
and Sexual Assault Research
We are also very concerned that H.R. 1248 ignores the need
to provide funding for research on domestic violence and sexual
assault. This belies the requirements of VAWA I and flies in
the face of requests for funding from the administration and
others.
When Congress passed the Violence Against Women Act in
1994, it included a mandate requiring that the agencies that
receive funds from VAWA appropriations devise a violence
against women research agenda for the nation.\26\ In a joint
letter to Chairman Hyde dated May 15, 2000, the Department of
Justice and the Department of Health and Human Services
requested that the Judiciary Committee authorize additional
funding for research to continue to improve existing and future
VAWA-funded programs. DOJ and HHS believe that VAWA
reauthorization legislation should ``continue to support
research and evaluation in order to provide sound data for
ongoing improvement of . . . programs for reducing violence
against women.'' \27\
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\26\ Specifically, 42 U.S.C. Sec. 13961 states that ``the Attorney
General shall request the National Academy of Sciences, through its
National Research Council, to enter into a contract to develop a
research agenda to increase the understanding and control of violence
against women. . . . In setting the agenda, the Academy shall focus
primarily on preventive, educative, social, and legal strategies,
including addressing the needs of underserved populations.''
\27\ Letter from Janet Reno, Attorney General, and Donna E.
Shalala, Secretary, Department of Heath and Human Services, to Hon.
Henry J. Hyde, chairman, House Committee on the Judiciary, May 15,
2000, at 3.
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Conservative commentators also recognize the need for
additional research in the area of domestic violence. At the
Crime Subcommittee hearing on H.R. 1248, Patrick Fagan of the
Heritage Foundation testified that ``[i]f Congress is serious
about coming to grips with domestic violence, if it is serious
about educating itself and then the nation, it first needs to
know what is going on. . . . Congress should take what would be
a rather small percentage of the VAWA money and construct a
National Incidence Survey of Domestic Abuse and Neglect if it
is to get to the heart of this issue (and many others related
to it).'' \28\
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\28\ Testimony of Patrick F. Fagan, William H. G. Fitzgerald Fellow
in Family and Culture, The Heritage Foundation, Hearing on H.R. 1248,
Crime Subcommittee, September 29, 1999.
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Unfortunately, rather than authorize additional funding for
research on domestic violence and sexual assault, Rep. McCollum
offered an amendment, which was adopted, that only authorized a
task force to coordinate existing domestic violence research.
It did not authorize any new or additional research on the
causes of domestic violence and sexual assault.\29\
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\29\ Representative Meehan offered an amendment that embodied the
research agenda that the National Research Council, in collaboration
with numerous leading anti-domestic violence groups, developed. It
would have authorized grants in several areas: (1) supporting research
on the causes of violence against women and the effectiveness of
education, prevention and intervention programs, including research to
study the developmental trajectory of violent behavior against women
and an examination of the risk factors for sexual and intimate partner
violence for victims and perpetrators; (2) addressing gaps in research
on violence against women, particularly in underserved communities and
instances where domestic violence is a factor in a divorce/child
custody case, including national and community level survey studies to
measure the incidence and prevalence of violence in underserved
populations and the ways such women define and describe their
experience of violence; (3) mandating a study and report by the U.S.
Sentencing Commission on sentences given in crimes of domestic
violence; and (4) directing the Attorney General to establish three
research centers to develop and coordinate research on violence against
women, each of which would be organized around a research area relevant
to violence against women. The Meehan Amendment also would have
authorized a task force to coordinate domestic violence research
efforts across the country. The Majority opposed the Meehan Amendment
and defeated it in a party line vote.
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H.R. 1248 Fails to Restore a Civil Legal Remedy for Victims
of Gender-Motivated Violence
We are also disappointed that the Majority refused to
include any provisions seeking to ensure that the civil legal
remedy in VAWA complies with the recent Supreme Court decision
in United States v. Morrison.\30\ In Morrison, the Court struck
down on federalism grounds VAWA's Federal civil legal remedy
for gender-motivated crimes of violence.\31\ This important
provision was passed by Congress in 1994 to provide a guarantee
that all victims of gender-motivated crimes had unencumbered
access to the courts to seek civil damages against their
assailants.
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\30\ ____U.S.____, 120 S. Ct. 1740 (2000).
\31\ The Court struck down the civil legal remedy as violative of
the Commerce Clause and section 5 of the 14th amendment.
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Representatives Conyers, Jackson Lee, and Baldwin offered
an amendment that restored the Federal civil legal remedy by
creating a concrete nexus between the cause of action and
interstate commerce. Unfortunately, the Majority raised a point
of order against this amendment and foreclosed debate and a
vote on this issue. The Majority also defeated an amendment
offered by Rep. Conyers that would have required States to
permit a person to bring a cause of action in State court for
gender-motivated violence, such as rape, in which there is no
limitation on punitive or non-economic damages, such as pain
and suffering.
The committee's failure to even attempt to address this
issue is inexcusable. The Majority has shown no reticence in
seeking to respond to court decisions concerning religious
liberty and abortion. There is no reason we could not work
together to ensure that the civil legal remedy for gender-
motivated violence complies with the Morrison decision as well.
H.R. 1248 Fails to Protect Battered Immigrants
Another glaring omission is the Committee's failure to
address or even consider the problem of battered immigrants.
Prior to VAWA I, immigration laws were rightfully criticized
for permitting abusive U.S. citizens and permanent residents to
have total control over their family members' immigration
status. As a result, battered immigrant women and children were
forced to remain in abusive relationships, unable to appeal to
law enforcement agencies and courts for protection because they
feared being reported to the INS and consequently deported.
Immigration provisions contained in VAWA I helped to remedy the
situation by allowing battered immigrants who were abused by
their U.S. citizen or lawful permanent resident spouses or
parents to file their own applications for immigration relief
without the cooperation of their abusive spouse or parent,
enabling them to safely flee the violence.
Despite the successes of VAWA I, immigration law continues
to be a barrier that keeps immigrant women and children locked
in abusive relationships. Intervening changes in immigration
and welfare laws enacted by the Majority have undermined many
of VAWA I's protections for battered immigrants.\32\ As a
result, many battered immigrant women and children are forced
to stay with their abusers, risking their lives and the lives
of their children.
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\32\ The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996)
(``IIRAIRA'') and the Personal Responsibility and Work Opportunity
Reconciliation Act, Pub. L. No. 104-193 (Aug. 22, 1996) (``PRWORA'')
were passed two years after the 1994 Violence Against Women Act offered
protection to battered immigrant women. IIRAIRA made it more difficult
for battered immigrants to access lawful immigration status. Some
changes included a cap on the number of cancellation grants a year,
requiring a ``substantial connection'' between abuse and unlawful
entry, and a new definition of ``continuous presence.'' Under PRWORA,
battered immigrants were granted access to some public benefits, but
across the board, this legislation significantly reduced access to
public benefits for all immigrants. PRWORA eliminated eligibility for
most immigrants for SSI and federal food stamps and gave States the
discretion to determine whether immigrants can qualify for federal,
state, and local public benefits programs. PROWORA also replaced AID to
Families with Dependent Children (AFDC) with Temporary Assistance for
Needy Families (TANF) programs, which States have the discretion to
provide or deny. Considering the unique set of economic, cultural, and
social barriers faced by battered immigrant women, lack of access to
immigration status and public benefits increases the vulnerability of
immigrant women who are victims of domestic violence.
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Representative Lofgren offered an amendment that addressed
battered immigrant problems in three areas.\33\ First, it would
have addressed the provisions of VAWA I that were weakened
because of subsequent legislative changes. Second, the
amendment would have removed VAWA I implementation barriers
that battered immigrants currently face. Third, the amendment
would have improved access to VAWA immigration relief for needy
battered immigrants not initially covered under VAWA I.
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\33\ The Lofgren Amendment was substantially similar to Title VI,
Subtitle C. of H.R. 357. These reforms are also included in the
Battered Immigrant Women Protection Act, H.R. 3083, which is sponsored
by Reps. Schakowsky, Morella, and Jackson Lee.
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To restore some of the VAWA I protections that were
weakened by subsequent legislation, Representative Lofgren's
amendment would have created a mechanism for battered immigrant
women and children to adjust their status to lawful permanent
resident while in the United States. With the expiration of
section 245(i) of the Immigration and Nationality Act,\34\ many
battered immigrant women and children with approved VAWA self-
petitions are forced to leave the United States to obtain their
green cards. Traveling outside the United States deprives these
battered immigrants of the protection provided by courts,
legislation, custody decrees, and law enforcement. Once abroad,
the battered immigrant is vulnerable to stalking and
retaliatory attacks by the abuser. The Lofgren Amendment would
have enabled the battered immigrant to access lawful status
while safely remaining in the United States.
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\34\ The 1998 CJS bill contained a provision that eliminated the
benefits of Section 245(i) of the Immigration and Nationality Act for
all immigrants seeking permanent residency status.
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Additionally, one of the barriers that has arisen in
implementing VAWA I is that the 1996 Immigration Law \35\ made
domestic violence a deportable crime; however, an unintended
effect is that the battered immigrant spouse's pending VAWA
self-petition becomes void when her husband is deported. This
creates a perverse incentive for the battered immigrant spouse
to tolerate the abuse, rather than report it. Representative
Lofgren's amendment would have treated abused spouses like
spouses in non-abusive relationships, where changes in the
spouse's immigration status (denaturalization, loss or
renunciation of citizenship, death of the citizen abuser) can
only help, not hinder, the battered immigrant if the spouse's
immigration status is upgraded. In other words, if the abusive
U.S. citizen spouse or parent dies, divorces the battered
immigrant, loses immigration status, renounces citizenship, or
is deported, the self-petition remains valid.
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\35\ Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996).
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The Lofgren Amendment also would have made VAWA immigration
relief available to abused children and abused spouses living
abroad. Under current VAWA provisions, a self-petitioner may
include her undocumented children under the age of 21 as
derivative beneficiaries of her VAWA self-petition. However, in
order to obtain permanent resident status, the child must be
under 21 at the time the application for permanent residency to
be granted based on the approved self-petition. Consequently,
the parent self-petitioner often will be granted permanent
residency, while her child will be denied. Such a situation
ruptures family unity, as the child remains undocumented and
vulnerable to being reported to the INS by the abuser and then
placed in removal proceedings.
Further, presently, only spouses or minor children of
citizens or permanent residents are eligible for VAWA
immigration relief; therefore, abused children over the age of
21 have no access to VAWA. Consequently, a child who suffered
years and years of physical and sexual abuse and who endured
endless emotion torment at the hands of the U.S. citizen or
permanent resident parent remains unprotected. The Lofgren
Amendment would have offered VAWA relief to children over 21 as
long as they could demonstrate that one or more incidents of
battery or extreme cruelty had occurred before the age of 21.
Finally, current VAWA provisions mandate that the applicant
victim resides in the United States to file a self-petition. As
a result, if an abused woman is married to a U.S. citizen or
permanent resident living abroad, she must rely on him to file
a visa petition on her behalf at the American Consulate.
Abusive partners may refuse to file on behalf of the battered
spouse in an effort to prevent her from reporting the abuse.
Therefore, battered immigrant women married to either U.S.
citizens or permanent residents living outside the United
States remain trapped abroad in abusive relationships, unable
to seek help from trained domestic violence advocates and law
enforcement officials, and unable to escape the abuse and seek
VAWA immigration relief. Consequently, they cannot prosecute
their abusers. The Lofgren Amendment would have allowed
battered immigrants living abroad to file VAWA self-petitions.
This amendment would have been particularly helpful for abused
spouses and children of members of the U.S. armed forces and
U.S. government employees stationed abroad.\36\
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\36\ This provision would have helped women such as ``Vanna,'' the
wife of a member of the U.S. military. (Names and places have been
changed in the interest of victim safety. This account took place in a
U.S. military base in Asia.) Vanna fled Cambodia as a small child with
her parents in 1975. After spending 8 years in a refugee camp in
Thailand, Vanna was repatriated to Belgium with her family, as a
political refugee. There she met and married her first husband. Vanna's
husband immigrated to the United States to join family members.
Encouraged by her husband who had traveled ahead, Vanna came to the
United States on a tourist visa with their two children. Her husband
promised her that he would get her legal residency in the United
States. Vanna's husband never filed her residency paperwork and her
tourist visa expired. Vanna's husband gradually became more abusive,
eventually breaking her nose and dislocating her shoulder. Vanna feared
for her safety and went to a women's shelter. She divorced her husband
four years after arriving in the U.S. Vanna was told that she could not
return to Belgium as her residency status had expired because she had
been out of the country for too long.
After one year on her own, Vanna met John, a U.S. citizen and an
active duty service member in the U.S. military. After they married,
John promised Vanna that he would submit paperwork for legal residency.
John told Vanna that he could not support her and her two children and
Vanna was forced to leave her son with his father. As the relationship
progressed, John became emotionally abusive. John often called Vanna
and her daughter names, restricted the amount of food they were allowed
to eat, and where she was allowed to go. John discouraged Vanna's
friendships with other women. John was often sexually abusive, forcing
Vanna to engage in sexual behaviors that made her feel demeaned and
humiliated.
After six months of marriage, John accepted a three-year posting to
an overseas U.S. military base. He promised Vanna that her paperwork
would come through while they were overseas and that there would be no
problem. Vanna, feeling that she didn't have a choice, accompanied John
on his military tour. Once overseas the violence in their relationship
escalated further. John often threatens Vanna with withdrawing her
paperwork, telling her that she would be deported back to Cambodia
where she would probably be killed. John sometimes prevents Vanna from
leaving the house by restraining her. John has threatened Vanna's life
stating that he could make her death look like an accident. Vanna and
John now have a 5-month-old son together. During one argument, John
choked Vanna until she began to lose consciousness. Vanna feels she can
no longer cope with the abuse and she worries about the effect it is
having on her daughter. Vanna feels that she has nowhere else to go and
worries what will happen to her and her children if she is not able to
return to the United States. Vanna would like to self-petition for
legal residency so that she can return to the United States and be
reunited with her son.
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The Lofgren Amendment included other necessary amendments
to current VAWA provisions such as allowing discretionary
waivers for good moral character determinations and training
judges, immigration officials, and law enforcement officers on
VAWA immigration provisions.
Regretfully, the Majority raised a point of order against
this amendment, thereby preventing debate and a vote on this
issue, even though immigration matters are within the
jurisdiction of the Judiciary Committee. Although Rep. McCollum
sought to argue that he supported doing ``something'' about the
battered immigrant problem by noting Immigration Subcommittee
Chairman Smith's pledge to hold hearings on this issue, many of
us are concerned that this will come too late in the process to
do much good. Democrats have expressed concern about the
problem of battered immigrants for the last two Congresses, and
we believe that with less than six weeks left in the
legislative calendar, the time for action is now, as part of
H.R. 1248.\37\
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\37\ The Majority also raised points of order preventing
consideration of several other worthwhile amendments seeking to address
domestic violence. These include a hate crimes amendment offered by
Rep. Conyers that would have criminalized conduct that injured a person
because of his or her race, color, religion, national origin, gender,
sexual orientation, or disability; an amendment offered by Reps. Scott
and Conyers that would have created grants to support the development
of hate crimes prevention programs; an amendment offered by Rep.
Jackson Lee that would have prohibited employers from discriminating
against battered women, sexual assault survivors, and stalking
survivors on account of their status or experience as victims of
domestic violence; and another amendment offered by Rep. Jackson Lee
that would have clarified that child abuse orders--like domestic
relations orders--are properly respected within ERISA so that the young
victims of domestic violence are given the financial stability they
deserve.
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H.R. 1248 Fails to Protect Against Custodial Sexual Abuse
H.R. 1248 also totally ignores the issue of custodial
sexual abuse. According to estimates by the Department of
Justice, nearly half of all female prisoners have experienced
some form of sexual and/or physical abuse prior to
incarceration. Over 50 percent of the female offenders surveyed
indicated that they had been abused in an intimate relationship
and 26 percent had been abused by a parent or guardian. In 1996
Human Rights Watch released ``All Too Familiar: Sexual Abuse of
Women in U.S. State Prisons,'' a report documenting pervasive
sexual harassment, sexual abuse, and privacy violations by
guards and other corrections department employees in state
prisons in California, the District of Columbia, Georgia,
Illinois, Michigan, and New York. The report also exposed the
failure of States to respond to women's reports of sexual abuse
and harassment.\38\
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\38\ This report was not anecdotal. In 1997, the U.S. Department of
Justice sued the Michigan Department of corrections after its
investigation found evidence of pervasive sexual abuse in Michigan's
prisons for women. Justice Department investigators interviewed women
inmates and found that nearly every woman interviewed reported various
sexually aggressive acts of guards. Still worse, the Justice Department
investigators found that women at some prisons had been raped, sexually
assaulted, subjected to groping and fondling during pat-frisks, and
subjected to improper visual surveillance by guards in violation of the
legitimate privacy interests of the women.
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While people are wards of the State, they should not be put
at continuing risk of abuse by prison guards. H.R. 1248 does
nothing to address the serious problem of custodial sexual
assault in our nation's prisons. By contrast, Rep. Conyers'
bill, H.R. 357, would have directed the Attorney General to
establish guidelines regarding the prevention of custodial
sexual misconduct in prisons, prohibited individuals who have
been convicted of or found civilly liable for sexual misconduct
from becoming correctional staff, and criminalized sexual
conduct between correctional staff and prisoners. We believe
these important legislative proposals should be put on the
table as part of any VAWA legislation.
Conclusion
We believe H.R. 1248 is a step in the right direction
towards reducing domestic violence, but we can and must do
more. The Bureau of Justice Statistics reports that each year,
about 1 million violent crimes are committed against people by
their current of former spouses, boyfriends, or girlfriends.
Approximately 85 percent of these victimizations were against
women.\39\ According to the Congressional Research Service,
over three quarters of the adult women who were raped or
physically assaulted say that the perpetrator was a current or
former spouse, a co-habitating partner, or a date. As serious
as these facts are, they also serve to energize us to continue
the fight against domestic violence.
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\39\ BJS Study.
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Thus, although we are encouraged that the Majority took
action on H.R. 1248, we are disappointed that the Majority
chose to weaken H.R. 1248 in important areas, such as dating
violence and the definition of ``underserved populations,'' and
opposed numerous Democratic amendments that would have provided
more comprehensive and well-funded programs to address domestic
violence and sexual assault in the areas of civil legal
assistance and research on domestic violence. In addition, the
Majority prevented debate on several Democratic amendments that
would have expanded the scope of VAWA in the areas of a Federal
civil remedy for victims of gender-motivated violence, battered
immigrant women, hate crimes, employment, and child abuse
accountability. We hope that as the bill moves forward, we will
be able to incorporate these provisions into the final VAWA
legislation.
John Conyers, Jr.
Barney Frank.
Howard L. Berman.
Rick Boucher.
Jerrold Nadler.
Robert C. Scott.
Melvin L. Watt.
Zoe Lofgren.
Sheila Jackson Lee.
Maxine Waters.
Martin T. Meehan.
William D. Delahunt.
Robert Wexler.
Steven R. Rothman.
Tammy Baldwin.
Anthony D. Weiner.