Order Code RL30871
CRS Report for Congress
Received through the CRS Web
Violence Against Women Act: History, Federal
Funding, and Reauthorizing Legislation
Updated October 12, 2001
Alison Siskin
Analyst in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress
Violence Against Women Act: History, Federal
Funding, and Reauthorizing Legislation
Summary
On October 28, 2000, President Clinton signed into law the Violence Against
Women Act of 2000 as Division B of the Victims of Trafficking and Violence
Protection Act of 2000 (P.L. 106-386). The original Violence Against Women Act
(VAWA), enacted as Title IV of the Violent Crime Control and Law Enforcement
Act (P.L. 103-322), became law in 1994. VAWA 2000 reauthorizes VAWA though
FY2005, sets new funding levels, and adds new programs.
VAWA established within the Departments of Justice (DOJ) and Health and
Human Services (HHS), a number of discretionary grant programs for state, local, and
Indian tribal governments. DOJ administers VAWA grants designed to aid law
enforcement officers and prosecutors, encourage arrest policies, stem domestic
violence and child abuse, establish and operate training programs for victim advocates
and counselors, and train probation and parole officers who work with released sex
offenders. Under HHS, grants include funds for battered women’s shelters, rape
prevention and education, reduction of sexual abuse of runaway and homeless street
youth, and community programs on domestic violence. Several studies of violent
crimes against women were also mandated.
In addition to grants administered by the states, the act included a number of
changes in federal criminal law relating to interstate stalking, intrastate domestic
abuse, federal sex offense cases, the rules of evidence regarding use of a victim’s past
sexual behavior, and HIV testing in rape cases. The act also included a civil rights
remedy for victims of “gender motivated violence” that allowed individuals to sue in
federal court for gender-motivated crimes. This provision was declared
unconstitutional by the Supreme Court. Nonetheless, the Court ruling did not affect
any other provisions of VAWA.
VAWA 2000 reauthorizes most of the original act’s programs and creates new
grant programs to prevent sexual assaults on campuses, assist victims of violence with
civil legal concerns, create transitional housing for victims of domestic abuse, and
enhance protections for elderly and disabled victims of domestic violence. VAWA
2000, also, creates a pilot program for safe custody exchange for families of domestic
violence. Additionally, VAWA 2000 authorizes a number of studies on the effects of
violence against women, creates a domestic violence task force, and includes changes
in the federal criminal law relating to interstate stalking and immigration.
Between FY1995 and FY1999, Congress steadily increased funding for most of
VAWA’s grant programs. In FY2001, Congress appropriated $408 million, prior to
the mandated rescission, for the programs that were authorized through VAWA 2000.
The President’s FY2002 budget requests $554.28 million for VAWA programs. H.R.
2500, the FY2002: Commerce, Justice, State Appropriations bill, appropriate
amounts for VAWA programs that are similar to the President’s budget request, but
both the House and the Senate would appropriate more money for battered women’s
shelters than in the President’s budget.
Contents
Violence Against Women: Background and Statistics . . . . . . . . . . . . . . . . . . . . 1
Changes in Federal Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Civil Rights and Supreme Court Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Reauthorizing Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Funding Under the Violence Against Women Act . . . . . . . . . . . . . . . . . . . . . . . 5
Debate Over Gender Inclusiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Appendix A: Description of Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Law Enforcement and Prosecution (Special Training Officers and
Prosecutors (STOP)) Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
State Domestic Violence and Sexual Assault Coalition Grants . . . . . . . . . 14
Rape Prevention and Education Grants . . . . . . . . . . . . . . . . . . . . . . . . . . 14
National Domestic Violence Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Grants to Encourage Arrests Policies in Domestic Violence Cases . . . . . . 15
Grants for Battered Women’s Shelters . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Community Programs on Domestic Violence . . . . . . . . . . . . . . . . . . . . . . 16
National Stalker and Domestic Violence Reduction Grants . . . . . . . . . . . . 16
Rural Domestic Violence and Child Abuse Enforcement Grants . . . . . . . . 16
Victims of Child Abuse Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Federal Victims Counselors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth 17
Equal Justice for Women in the Courts . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Appendix B: New Initiatives in the Violence Against Women Act 2000 . . . . . . 18
Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Grants for Legal Assistance to Victims . . . . . . . . . . . . . . . . . . . . . . . 18
Short Term Transitional Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Older and Disabled Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Safe Haven Pilot Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Other Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Battered Immigrant Women Protection Act of 2000 . . . . . . . . . . . . . 19
Dating Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Task Force on Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . 19
List of Tables
Table 1. Violence Against Women Program Funding, FY1995 through
FY2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Table 2. Funding Authorized in the Violence Against Women Act 2000
(P.L. 106-386) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Table 3. Funding Authorized in the Violence Against Women Act 2000
(P.L. 106-386), FY2001 and FY2002 Appropriations, and Amounts
Requested in the President’s FY2002 Budget . . . . . . . . . . . . . . . . . . . . . . 11
Violence Against Women Act:
History, Federal Funding, and Reauthorizing
Legislation
Violence Against Women:
Background and Statistics
Legislation proposing a federal response to the problem of violence against
women was first introduced in 1990, although such violence was first identified as a
serious problem in the 1970s. Congressional action to address gender-related
violence culminated in the enactment of the Violence Against Women Act (VAWA),
which is title IV of the Violent Crime Control and Law Enforcement Act of 1994.1
Funding under the bill emphasizes enforcement as well as educational and social
programs to prevent crime. The focus of the funding is on local government
programs, an approach that the sponsors of the bill believed was the most promising
technique for reducing crime and violence. They also cautioned that, due to the
variety of programs funded though the states, the impact of the bill may be difficult
to quantify.2 Funding through FY2000 was authorized through the Violent Crime
Reduction Trust Fund, created under Title XXXI of P.L. 103-322. Legislation to
reauthorize VAWA though FY2005 was signed by the President on October 28, 2000
(P.L. 106-386).
Statistics on crimes of violence against women depict a personal safety problem
that some believe may seriously limit the ability of threatened women to function fully
in American society. Such crimes often have devastating consequences for these
women personally, as well as for their families and for society as a whole. Since
FY1995, VAWA has been a major source of funding for programs to reduce rape,
stalking, and domestic violence. The Departments of Justice (DOJ) and Health and
Human Services (HHS), which administer the grants under VAWA, have produced
a series of reports on the methods of assessing and preventing gender-related crimes.
These reports, required by the statute, are submitted annually to Congress. The data
1 P.L. 103-322; 108 Stat. 1902; 42 U.S.C. 13701.
2 Indeed, there are only two studies that attempt to evaluate the overall effects of a VAWA
grant program: (1) Martha R. Burt, Lisa C. Newmark, Lisa K. Jacobs, and Adele V. Harrell.
1998: Report: Evaluation of the STOP Formula Grants Under the Violence Against Women
Act of 1994 (Washington, DC: Urban Institute, 1998); and (2) Neal Miller. National
Evaluation of the Arrest Policies Program Under VAWA, presented at the Bureau of Justice
Statistics/Justice Research Statistical Association National Conference in Minneapolis, MN,
November 2, 2000. Though both studies provide examples of effective programs funded by
the grants, neither study offers a conclusion as to the overall effectiveness of these grant
programs.
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collected under VAWA are intended to help define the extent of the problem of
violence against women and point towards possible solutions. The 1998 collaborative
study on violence jointly funded by DOJ and HHS3 reported that:
! Using a definition of rape that includes forced vaginal, oral, and anal
intercourse, nearly 18% of women in the United States said they had been
raped (14.8%) or the victim of an attempted rape (2.8%) in their lifetime.
Based on these survey figures, 17.7 million women are projected to have been
raped. More than half of the rape victims said they were under age 17 when
first raped. Of the women who reported being raped at some time in their
lives, 22% were under 12 years old and 32% were 12 to 17 years old when
they were first raped.
! Differences in the prevalence of reported rape and physical assault among
women of different racial and ethnic backgrounds are statistically significant:
American Indian/Alaska Native women were most likely to report these
crimes, Asian/Pacific Islander women were least likely to report them, and
Hispanic women were less likely to make such reports than non-Hispanic
women.
! Physical assault, ranging from slapping and hitting to gun violence, is
widespread: 52% of women said they were physically assaulted as a child by
an adult caretaker or as an adult by any type of perpetrator, and 1.9% of
women said they were physically assaulted in the previous 12 months. Based
on the survey figures, approximately 1.9 million women are projected to be
physically assaulted annually in the United States.
! Women report significantly more partner violence than do men: 25% of
women, compared with 8% of men, said they were raped or physically
assaulted or both in their lifetime by a current or former spouse, cohabiting
partner, or date; 1.5% of women and 0.9% of men said they were raped or
physically assaulted by such a perpetrator in the previous 12 months.
According to survey estimates, approximately 1.5 million women and 834,700
men are projected to be raped or physically assaulted by an intimate partner
annually in the United States.4
! Violence against adult women is primarily partner violence: 76% of the women
(compared to 18% of men) who were raped or physically assaulted or both
3 U.S. Department of Justice, National Institute of Justice, Office of Justice Programs, and
Department of Health and Human Services, Center for Disease Control and Prevention,
Prevalence, Incidence, and Consequences of Violence Against Women: Findings from the
National Violence Against Women Survey (Washington: November 1998), p.2. The principal
source for crime data has long been the FBI’s Uniform Crime Reporting (UCR) Program, a
compilation of monthly law enforcement reports and individual crime incident records
voluntarily submitted. Since crimes against women are believed to be under- reported in the
UCR, data for the collaborative DOJ-HHS survey were based on a nationally representative
telephone survey of 8,000 women and 8,000 men. The survey was designed to protect
confidentiality and minimize the potential for re-traumatizing victims. Differences in data
collection methods explain the differences between the collaborative survey and the UCR.
4 For men, the reported number of rape victims was insufficient to perform statistical tests for
significance.
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since age 18 said the perpetrator was a current or former spouse, a co-habiting
partner, or a date.
! Women are significantly more apt to be injured during an assault: 32% of
women and 16% of men who reported that they had been raped since age 18
said they were injured during their most recent rape. About 1 in 3 women who
were injured during a physical assault required medical care.
! Stalking is more prevalent than previously thought. Using a definition of
stalking that involves repeated visual or physical proximity, non-consensual
communication, verbal, written or implied threats, or a combination of these
that would cause a victim to feel a high level of fear, 8% of women and 2% of
men said they were stalked at some time in their lives. One percent of the
women and 0.4% of the men said they were stalked in the previous 12 months.
According to survey estimates, approximately one million women and 371,000
men are projected to be stalked annually in the United States.
Changes in Federal Criminal Law
To help combat violence against women, the original VAWA rewrote several
areas of federal criminal law. Penalties were created for interstate stalking or
domestic abuse in cases where an abuser crossed a state line to injure or harass
another, or forced a victim to cross a state line under duress and then physically
harmed the victim in the course of a violent crime. Additionally, the law strengthened
existing penalties for repeat sexual offenders and required restitution to victims in
federal sex offense cases. VAWA called for pretrial detention in federal sex offense
or child pornography felonies and allowed evidence of prior sex offenses to be used
in some subsequent trials regarding federal sex crimes. The law also set new rules of
evidence specifying that a victim’s past sexual behavior generally was not admissible
in federal civil or criminal cases regarding sexual misconduct. Rape victims were
allowed to demand that their alleged assailants be tested for HIV, the virus that is
generally believed to cause AIDS. A federal judge could order such a procedure
after determining that risk to the victim existed.
As in the original Act, VAWA 2000 creates new stalking offenses, changing the
law to create penalties for a person who travels in interstate or foreign commerce with
the intent to kill, injure, harass, or intimate a spouse or intimate partner, and who in
the course of such travel commits or attempts to commit a crime of violence against
the spouse or intimidate partner. It also creates penalties for a person who causes a
spouse or intimate partner to travel in interstate or foreign commerce by force or
coercion and in the course of such travel commits or attempts to commit a crime of
violence against the spouse or intimate partner. The bill adds the intimate partners of
the victim as people covered under the interstate stalking statute, and makes it a crime
to use the mail or any facility of interstate or foreign commerce to engage in a course
of conduct that would place a person in reasonable fear of harm to themselves or their
immediate family or intimate partner. Additionally, VAWA 2000 creates penalties for
any person who travels in interstate or foreign commerce with the intent of violating
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a protection order or causes a person to travel in interstate or foreign commerce by
force or coercion and violates a protection order.5
Civil Rights and Supreme Court Ruling6
Under Title IV, subtitle C–“Civil Rights for Women,” of the 1994 Act, language
was included that would have permitted private damage suits in federal court by
victims of “gender motivated violence.” This provision was struck down (5-4) on
May 15, 2000, by the Supreme Court in United States v. Morrison as unconstitutional
under the Commerce Clause and the Fourteenth Amendment.7 This provision would
have permitted private damage suits in federal court by victims of “gender motivated
violence.” The Court found that such violence does not substantially affect interstate
commerce. It further noted that the Fourteenth Amendment is directed at state
actions, not those of private citizens. None of the other provisions of the 1994 Act
have been challenged in the Supreme Court.
Grant Programs
Unaffected by the court decision were grant programs created by VAWA and
placed within DOJ and HHS. These programs are administered by the states and
funds can be allocated by the states to state agencies, Indian tribal governments, units
of local government and private nonprofit groups, and include grants to improve law
enforcement and prosecution of violent crimes against women, grants to encourage
arrests in domestic violence incidents, moneys for rural domestic violence and child
abuse enforcement, rape prevention and education programs, and grants for battered
women’s shelters, among others. (A national domestic violence hotline is funded to
a single contractor under the administration of HHS.) The current and past funding
levels of these programs are listed in Table 1. Funding was authorized through
FY2000 under the Violent Crime Reduction Trust Fund (VCRTF), created under
Title XXXI of the Violent Crime Control and Law Enforcement Act of 1994.
Authorization for VCRTF expired at the end of FY2000. Nonetheless, most of the
programs in VAWA received appropriations for FY2001. (For a description of the
grant programs in VAWA, see Appendix A.)8
5 P.L. 106-386, Section 1107.
6 For a detailed analysis of United States v. Morrison, and its effect on VAWA, see CRS
Report RS20584, United States v. Morrison: The Supreme Court Declares 42 U.S.C.
§13981 Unconstitutional, by T.J. Halstead, May 22, 2000.
7 Nonetheless, victims can still bring damage suit in state courts.
8 For detailed information on the grant programs and the application process, please consult
the Department of Justice’s Violence Against Women Office at
[http://www.ojp.usdoj.gov/vawo/applicationkits.htm]. For information on grant
programs in each state consult [http://www.ojp.usdoj.gov/vawo/stategrants.htm].
CRS-5
Reauthorizing Legislation
On October 28, 2000, President Clinton signed into law the Victims of
Trafficking and Violence Protection Act of 2000 (P.L. 106-386; H.R. 3244/Smith),
of which division B is the Violence Against Women Act of 2000. The Violence
Against Women Act of 2000 continues to support VAWA by reauthorizing current
programs and adding new initiatives including grants to assist victims of dating
violence, transitional housing for victims of violence, a pilot program aimed at
protecting children during visits with a parent who has been accused of domestic
violence, and protections from violence for elderly and disabled women. It also
makes technical amendments, and requires grant recipients to submit reports on the
effectiveness of programs funded by the grants to aid with the dissemination of
information on successful programs. The bill amends the Public Health Service Act
(P.L. 98-457) to require that certain funds are used exclusively for rape prevention
and education programs. Moreover, the bill makes it easier for battered immigrant
women to leave and to help prosecute their abusers. Under the old law, battered
immigrant women can be deported if they leave abusers who are their sponsors for
residency and citizenship in the United States. VAWA 2000 creates special rules for
alien battered spouses and children to allow them to remain in the United States.9 (For
a detailed listing of the new initiatives, please see Appendix B).
Actual appropriations for VAWA programs tend to be less than the amounts
authorized in the bill. VAWA 2000 authorizes $3.2 billion for VAWA grant
programs from FY2001 through FY2005: $667.5 million for FY2001, $642.3 million
for FY2002, $627.3 million for FY2003 and FY2004, $626.8 million for FY2005.
(See Table 2.)
Funding Under the Violence Against Women Act
The FY2000 amount enacted for VAWA programs was $435.75 million, $3
million less than the amount enacted for FY1999.10 For FY2001, the President
requested $481 million and Congress appropriated $407.8 million, prior to the
rescission, for VAWA programs, however, funding for VAWA programs created in
the original Act did not truly decrease. Grants to Prevent Sexual Abuse of Runaways
and Homeless Youth were reauthorized in the Missing, Exploited, and Runway
Children Protection Act (P.L. 106-71), and received appropriations of $15 million,
prior to the rescission, for FY2001. In addition, the Center for Disease Control
received $176 million for Prevention Grants such as Rape Education and Prevention
and Community Domestic Violence Programs, but the appropriations bill failed to
specify specific amounts for the different programs. Assuming FY2001 funding levels
for the prevention grants remain at FY2000 levels funding for VAWA programs
9 See CRS Report RL30559, Immigration: Noncitizen Victims of Family Violence, by
Andorra Bruno.
10 Consolidated Appropriations Act for FY2000 (P.L. 106-113) signed by President Clinton
on Oct. 29, 1999. (See source note at end of table for complete Congressional Record
citation.)
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increased by almost $20 million between FY2000 and FY2001. As Table 1 shows,
not all of the programs enacted under VAWA have been funded continuously; some
have received money for a brief period only, while others have never been funded.
As Table 3 shows, the President’s budget for FY2002 requests funding levels
identical to those authorized in VAWA 2000 for programs administered by the
Department of Justice (DOJ), except that the budget does not request funding for
federal victims counselors or the domestic violence task force. Within the
Department of Heath and Human Services (HHS), the President’s budget requests
funding for programs at the same levels as FY2001 appropriations, and does not
request monies for the transitional housing grant program created in VAWA 2000.
The FY2002 President’s budget requests a total of $554.28 million for VAWA
programs for FY2002: $391.2 million for programs administered by DOJ, and
$163.08 million for programs within HHS.
Both the House and the Senate versions of FY2002 Commerce, Justice, State
appropriations bills (H.R. 2500), appropriate $390.6 million for VAWA programs
administered by DOJ. The House-passed and Senate-passed version of the bill are
similar but not identical. Unlike the Senate version passed on September 13, 2001,
H.R. 2500, as passed by the House on July 17, 2001, appropriates monies for training
for medial personnel who perform sexual assault forensic exams, and for a report on
parental kidnaping. Also, the House-passed version of H.R. 2500 appropriates
$400,000 less for STOP grants than does the Senate-passed version.
Debate Over Gender Inclusiveness
Although, the programs in the original VAWA law tend to be popular among
criminal justice practitioners, and VAWA 2000 passed with almost unanimous
support in Congress, VAWA does have its critics. Most of the criticisms of VAWA
and VAWA 2000 come from those who feel that violence is a problem of both men
and women, and that both men and women are victims of domestic violence. They
argue that the programs in VAWA only address the needs of women victims.11
Opponents of the law also feel that the legislation is paternalistic; it implies that
women need special protections.12 Proponents of VAWA argue that the language of
the law is gender-neutral and that programs can address the needs of men as well as
women.13
11 For more information see the American Coalition for Fathers & Children homepage
[http://www.acfc.org], visited on September 28, 2000.
12 Gutmann, Stephanie. “Are All Men Rapists?” National Review, v. 45, August , 1993. p.
44-47. Young, Cathy. “Act Stirs Up Debate on Crime and Gender.” Insight, v. 9, November
29, 1993. p. 12-16.
13 For more information see the National Coalition Against Domestic Violence homepage
[http://www.ncadv.org], visited on October 10, 2000.
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Table 1. Violence Against Women Program Funding, FY1995 through FY2001
(budget authority in millions)
Admin.
FY1995
FY1996
FY1997
FY1998
FY1999
FY2000
FY2001
Program
agency
enacted
enacted
enacted
enacted
enacted
enacted
enacteda
Law Enforcement and Prosecution Grants (STOP Grants) (Sec. 40121)
OJP
26.00
130.00
145.00
172.00
206.75
206.75
210.18
Grants to Encourage Arrest Policies (Sec. 40231)
OJP
0.00
28.00
33.00
59.00
34.00
34.00
34.00
Rural Domestic Violence and Child Abuse Enforcement (Sec. 40295)
OJP
0.00
7.00
8.00
25.00
25.00
25.00
25.00
Court Appointed Special Advocates for Victims of Child Abuse (Sec. 40156a)
OJP
0.00
6.00
6.00
7.00
9.00
10.00
11.50
Training for Judicial Personnel and Practitioners for Victims of Child Abuse (Sec.
OJP
0.00
0.75
1.00
2.00
2.00
2.00
2.00
40156b)
Grants for Televised Testimony by Victims of Child Abuse (Sec. 40156c)
OJP
0.00
0.05
0.55
1.00
1.00
1.00
1.00
National Stalker and Domestic Violence Reduction Grants (Sec. 40603)
OJP
0.00
1.50
1.75
2.75
0.00
0.00
0.00
Training Programs for Probation and Parole Officers Who Work With Released Sex
OJP
0.00
1.00
1.00
2.00
5.00
5.00
5.00
Offenders (Sec. 40152)
National Study on Campus Sexual Assault (Sec. 40506)
OJP
0.00
0.00
0.20
0.00
0.00
0.00
0.00
State Databases Studies (Sec. 40292)
OJP
0.00
0.20
0.00
0.00
0.00
0.00
0.00
Federal Victim Counselors (Sec. 40114)
USA
0.00
0.00
1.00
1.00
0.00
0.00
0.00
Subtotal: Department of Justice
26.00
174.50
197.50
270.75
282.75
283.75
288.68
Training Judges/Court Personnel (Sec. 40421-22)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Subtotal: The Judiciary
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Equal Justice for Women in Courts/Training Grants (Sec. 40411-14)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Subtotal: State Justice Institute
0.00
0.00
0.00
0.00
0.00
0.00
0.00
National Domestic Violence Hotline (Sec. 40211)
ACF
1.00
0.00
1.20
1.20
1.20
2.00
2.16
Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth (Sec. 40155)
ACF
0.00
5.56
8.00
15.00
15.00
15.00
15.00b
Grants for Battered Women Shelters (Sec. 40241)
ACF
0.00
15.00
10.80
76.80
88.80
101.50
116.92
National Number and Cost of Injuries Study (Sec. 40293)
CDC
0.00
0.10
0.00
0.00
0.00
0.00
0.00
Rape Prevention and Education Grants (Sec. 40151)
CDC
0.00
28.54
35.00
45.00
45.00
45.00
c
Community Programs on Domestic Violence (Sec. 40261)
CDC
1.00
3.00
6.00
6.00
6.00
6.00
c
Subtotal: Department of Health and Human Services
1.00
52.60
61.00
144.00
156.00
169.50
119.08
Grand Total
27.00
227.10
258.50
420.75
438.75
453.25
407.76
Sources: For FY1995-FY2000 funding information, see Budget of the United States Government: Appendix for indicated years under
named agencies. FY2001: Commerce, Justice State Appropriations (P.L. 106-553) signed into law on December 21, 2000. FY2001:
Labor, Health and Human Services, and Education Appropriations (P.L. 106-554) signed into law on December 21, 2000.
a The FY2001 Consolidated Appropriations Act ( P.L. 106-554) contained a provision mandating a 0.22
CRS-8
percent government-wide rescission of discretionary budget authority for FY2001 for all government agencies (except for certain defense
activities). The amounts appropriated for FY2001 in the table do not include the rescission.
b These grant were reauthorized through FY2003 by the Missing, Exploited, and Runway Children Protection Act (P.L. 106-71;
S.249/Hatch), which was signed into law on October 12, 1999. Thus, these monies are not included in the total of VAWA funds for
FY2001.
c These grants were not specified by name in the appropriations bill. However, in H.R. 4577 the CDC was allocated $175.97 million for
prevention grants which would include these programs. The House Appropriations committee report mentioned that $44 million should
be appropriated for rape prevention grants, however, this language was not included in the bill.
Abbreviations to TABLE.
In DOJ: USA (United States Attorneys), OJP (Office of Justice Programs)
In HHS: ACF (Administration for Children and Families), CDC (Centers for Disease Control and Prevention)
CRS-9
Table 2. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386)
(In Millions of Dollars)
Admin.
Program
FY2001
FY2002
FY2003
FY2004
FY2005
agency
Law Enforcement and Prosecution (STOP) Grants (Section 1102-1103)
OJP
185.00
185.00
185.00
185.00
185.00
Grants to Encourage Arrest Policies (Section 1104)
OJP
65.00
65.00
65.00
65.00
65.00
Rural Domestic Violence and Child Abuse Enforcement (Section 1105)
OJP
40.00
40.00
40.00
40.00
40.00
Court Appointed Special Advocates for Victims of Child Abuse (Section 1302)
OJP
12.00
12.00
12.00
12.00
12.00
Training for Judicial Personnel and Practitioners for Victims of Child Abuse (Section
OJP
2.30
2.30
2.30
2.30
2.30
1302)
Grants for Televised Testimony by Victims of Child Abuse (Section 1302)
OJP
1.00
1.00
1.00
1.00
1.00
National Stalker and Domestic Violence Reduction Grants (Section 1106)
OJP
3.00
3.00
3.00
3.00
3.00
Training Programs for Law Enforcement Officers on Elder Abuse, Neglect, and
OJP
5.00
5.00
5.00
5.00
5.00
Exploitation (Section 1209)
Civil and Legal Assistance for Victims of Violence (Section 1201)
OJP
40.00
40.00
40.00
40.00
40.00
Safe Havens for Children Pilot Program (Section 1301)
OJP
15.00
15.00
0.00
0.00
0.00
Grants to Decrease Violence Against Women with Disabilities (Section 1402)
OJP
7.50
7.50
7.50
7.50
7.50
Training Programs for Medical Personnel who Perform Sexual Assault Forensic Exams
OJP
.20
0.00
0.00
0.00
0.00
(Section 1405)
Domestic Violence Task Force (Section 1407)
OJP
.50
.50
.50
.50
0.00
Federal Victim Counselors (Section 1205)
USA
1.00
1.00
1.00
1.00
1.00
Subtotal: Department of Justice
377.50
377.30
362.30
362.30
361.80
Training Judges/Court Personnel (Section 1406(b))
N/A
.50
.50
.50
.50
.50
Subtotal: The Judiciary
.50
.50
.50
.50
.50
Equal Justice for Women in Courts/Training Grants (Section 1406(a))
N/A
1.5
1.5
1.5
1.5
1.5
Subtotal: State Justice Institute
1.5
1.5
1.5
1.5
1.5
National Domestic Violence Hotline (Section 1204)
ACF
2.00
2.00
2.00
2.00
2.00
Grants for Battered Women Shelters (Section 1202)
ACF
175.00
175.00
175.00
175.00
175.00
Transitional Housing for Victims of Domestic Violence (Section 1203)
ACF
25.00
0.00
0.00
0.00
0.00
Rape Prevention and Education Grants (Section 1402)
CDC
80.00
80.00
80.00
80.00
80.00
Community Programs on Domestic Violence (Section 1403)
CDC
6.00
6.00
6.00
6.00
6.00
Subtotal: Department of Health and Human Services
288.00
263.00
263.00
263.00
263.00
Grand Total
667.50
642.30
627.30
627.30
626.80
Source: Violence Against Women Act of 2000 (P.L. 106-386) as signed by the President on October 28, 2000.
Note: Section numbers refer to P.L. 106-386.
CRS-10
List of Abbreviations.
Within DOJ:
USA: United States Attorneys
OJP: Office of Justice Programs
Within HHS:
ACF: Administration for Children and Families
CDC: Centers for Disease Control and Prevention
CRS-11
Table 3. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386), FY2001
and FY2002 Appropriations, and Amounts Requested in the President’s FY2002 Budget
(In Millions of Dollars)
Admin
FY2001
Authoriz.
Request
House-
Senate-
Program
.
enacteda
FY2002
FY2002
Passed
Passed
agency
Law Enforcement and Prosecution (STOP) Grants (Section 1102-1103)
OJP
210.18
185.00
185.00
184.54
184.94
Grants to Encourage Arrest Policies (Section 1104)
OJP
34.00
65.00
65.00
64.93
64.93
Rural Domestic Violence and Child Abuse Enforcement (Section 1105)
OJP
25.00
40.00
40.00
39.95
39.95
Court Appointed Special Advocates for Victims of Child Abuse (Section 1302)
OJP
11.50
12.00
12.00
11.98
11.98
Training for Judicial Personnel and Practitioners for Victims of Child Abuse
OJP
2.00
2.30
2.30
2.30
2.30
(Section 1302)
Grants for Televised Testimony by Victims of Child Abuse (Section 1302)
OJP
1.00
1.00
1.00
1.00
1.00
National Stalker and Domestic Violence Reduction Grants (Section 1106)
OJP
0.00
3.00
3.00
3.00
3.00
Training Programs for Probation and Parole Officers Who Work With Released Sex
OJP
5.00
—b
5.00
5.00
5.00
Offenders (Section not included in VAWA 2000)
Grants to Reduce Crimes Against Women on Campus (Section 1108)
OJP
0.00c
—d
10.00
10.00
10.00
Training Programs for Law Enforcement Officers on to Enhance Protections Against
OJP
0.00c
5.00
5.00
5.00
5.00
Elder Abuse, Neglect, and Exploitation (Section 1209)
Civil and Legal Assistance for Victims of Violence (Section 1201)
OJP
0.00
40.00
40.00
40.00
40.00
Safe Havens for Children Pilot Program (Section 1301)
OJP
0.00
15.00
15.00
15.00
15.00
Grants to Decrease Violence Against Women with Disabilities (Section 1402)
OJP
0.00
7.50
7.50
7.50
7.50
Training Programs for Medical Personnel who Perform Sexual Assault Forensic
OJP
0.00
0.00
.20
.20
0.00
Exams (Section 1405)
Report on Parental Kidnaping (Section 1303)
OJP
0.00
0.00
.20
.20
0.00
Domestic Violence Task Force (Section 1407)
OJP
0.00
.50
0.00
0.00
0.00
Federal Victim Counselors (Section 1205)
USA
0.00
1.00
0.00
0.00
0.00
Subtotal: Department of Justice
288.68
377.30
391.20
390.60
390.60
Training Judges/Court Personnel (Section 1406(b))
N/A
0.00
.50
0.00
0.00
0.00
Subtotal: The Judiciary
0.00
.50
0.00
0.00
0.00
Equal Justice for Women in Courts/Training Grants (Section 1406(a))
N/A
0.00
1.5
0.00
0.00
0.00
Subtotal: State Justice Institute
0.00
1.5
0.00
0.00
0.00
National Domestic Violence Hotline (Section 1204)
ACF
2.16
2.00
2.16
2.16
2.16
Grants for Battered Women Shelters (Section 1202)
ACF
116.92
175.00
116.92
126.92
122.00
Transitional Housing for Victims of Domestic Violence (Section 1203)
ACF
0.00
0.00
0.00
0.00
0.00
Rape Prevention and Education Grants (Section 1402)
CDC
e
80.00
44.00
g
g
Community Programs on Domestic Violence (Section 1403)
CDC
e
6.00
f
g
g
Subtotal: Department of Health and Human Services
119.08
263.00
163.08
129.08
124.16
CRS-12
Admin
FY2001
Authoriz.
Request
House-
Senate-
Program
.
enacteda
FY2002
FY2002
Passed
Passed
agency
Grand Total
407.76
642.30
554.28
519.68
514.76
Sources: Violence Against Women Act of 2000 (P.L. 106-386) as signed by the President on October 28, 2000. For FY1995-FY2002
funding information, see Budget of the United States Government: Appendix for indicated years under named agencies. FY2001:
Commerce, Justice State Appropriations (P.L. 106-553) signed into law on December 21, 2000. FY2001: Labor, Health and Human
Services, and Education Appropriations (P.L. 106-554) signed into law on December 21, 2000. Information on the President’s FY2002
budget for HHS provided by The House Appropriations Committee Subcommittee on Health, Education, Labor, and Pensions.
H.R. 2500, FY2002 Commerce, Justice, State Appropriations, as passed by the Senate on September 13, 2001. H.R. 3061 as passed
by the House on October 11, 2001, and H.Rept. 107-229. S. 1536 as reported out of the Senate Appropriations Committee on October
11, 2001, and S. Rept 107-84.
Note: Section numbers refer to P.L. 106-386.
a The FY2001 Consolidated Appropriations Act (P.L. 106-554) contained a provision mandating a 0.22 percent government-wide
rescission of discretionary budget authority for FY2001 for all government agencies (except for certain defense activities). The amounts
appropriated for FY2001 in the table do not include the rescission.
b VAWA 2000 did not reauthorize training programs for probation and parole officers who work with released sex offenders.
c In FY2001, grants to prevent crimes against women on campuses and grants for civil legal assistance were funded though set-asides from
STOP grant funds. In FY2001, grants to prevent crimes against women on campuses were appropriated $11 million, and grants for civil
legal assistance were appropriated $31.63 million.
d VAWA 2000 authorizes “such sums as may be necessary” for grants to reduce crimes against women on campuses.
e These grants were not specified by name in the appropriations bill. However, in H.R. 4577 the CDC was allocated $175.97 million for
prevention grants which would include these programs. The House Appropriations committee report mentioned that $44 million should
be appropriated for rape prevention grants, however, this language was not included in the bill. CDC reports that in FY2001 $45 million
was used for rape prevention and education grants, and $5.87 million was used for grants for community programs to prevent domestic
violence.
f Grants for community programs to prevent domestic violence were not given a separate line number in the President’s budget.
g These grants were not specified by name in the appropriations bill. In FY2002, the Administration proposes that funding for these grants
be included as part of Injury Prevention Grants. The House Appropriations Committee provides $143.655 million for Injury Prevention
Grants and the Senate Appropriations Committee allocates $146.655 million for these grants.
CRS-13
Appendix A: Description of Grant Programs
Law Enforcement and Prosecution (Special Training Officers
and Prosecutors (STOP)) Grants
The purpose of STOP grants, administered by the Attorney General, is to help
state governments, Indian tribal governments, and units of local government
strengthen law enforcement, prosecution, and victims’ services in cases involving
violent crimes against women. These grants may be used to provide personnel,
training, technical assistance, data collection, and other equipment to increase the
apprehension, prosecution, and adjudication of persons committing violent crimes
against women. Activities may include:
! training law enforcement officers and prosecutors to more effectively identify
and respond to violent crimes against women, including those of sexual assault,
domestic violence, and dating violence;
! developing, training, or expanding units of law enforcement officers and
prosecutors specifically targeting violent crimes against women;
! developing and implementing more effective police and prosecution policies,
protocols, orders, and services specifically devoted to preventing, identifying
and responding to violent crimes against women;
! developing, installing, or expanding relevant data collection and
communication systems;
! developing, enlarging, or strengthening programs for relevant victim services
to address stalking and to address the needs and circumstances of Indian tribes
in dealing with violent crimes against women including dating violence;
! developing, enlarging, or strengthening programs to assist law enforcement
and the courts to address the needs of older individuals and individuals with
disabilities who are the victims of domestic violence and sexual assault;
! coordinating the response of state law enforcement agencies, prosecutors,
courts, victim service agencies, and other state agencies to violence crimes
against women, including dating violence; and
! training of sexual assault forensic medical personnel in the collection and
preservation of evidence, analysis, prevention, and providing expert testimony
and treatment of trauma related to sexual assault.
At least 25% of each grant must be allotted, without duplication, to each of three
areas, respectively: prosecution, law enforcement, and victim services. Of the
amounts appropriated: 5% is allocated to Indian tribal governments; $600,000 is
available for grants to applicants in each state; 5% of the funds must be set aside for
state sexual assault and domestic violence coalitions; and the remaining funds are to
be distributed to applicants in each state on the basis of relative population. For more
information see
[http://www.ojp.usdoj.gov/vawo/grants/stop/descrip.htm]. [Section 40121]
CRS-14
State Domestic Violence and Sexual Assault Coalition Grants
These grants are distributed by the Attorney General for state domestic violence
and sexual assault coalitions. Such coalitions shall further the purposes of domestic
violence or sexual assault intervention and prevention through information and
training. Each state, the District of Columbia, Puerto Rico, and the combined U.S.
Territories should receive 1/53rd of the funds allocated. 2.5% of the STOP funds are
set aside, each, for state sexual assault and domestic violence coalitions.
Rape Prevention and Education Grants
The funds for these grants are added to the Preventive Health Services Block
Grants monies already distributed to the states by the Department of Health and
Human Services. The grants may be used by the states for rape prevention and
education programs conducted by rape crisis centers or similar nongovernmental
nonprofit entities. Specifically, these grants may be used for:
! educational seminars
! operation of rape crisis hotlines
! training programs for professionals
! the preparation of training materials
! education and training for students and campus personnel
! education to increase awareness about drugs used to facilitate rapes or sexual
assaults
! other efforts to increase awareness or prevent sexual assault especially in
underserved communities.
Of the monies provided to the states 25% must be used for education in middle, junior
high, and high schools. Grants are made on the basis of the relative population of
each state. [Section 40151-152]
National Domestic Violence Hotline
These funds are authorized for the Secretary of Health and Human Services to
make a grant to a private, non-profit entity to provide for the operation of a national,
toll-free telephone hotline to provide information and assistance to victims of
domestic violence. The grant may fund the use and operation of the telephone line;
the employment, training, and supervision of personnel to answer calls and provide
counseling and referral services on a 24-hour basis; the establishment of a database
with information and services available for victims of domestic violence; and the
advertisement of the hotline to potential users nationwide. [Section 40211]
CRS-15
Grants to Encourage Arrests Policies in Domestic Violence
Cases
The purpose of these grants is to assist state governments, Indian tribal
governments, and units of local government in treating domestic violence as a serious
violation of criminal law. Grants may be used to:
! implement mandatory arrest or pro-arrest programs and policies in police
departments;
! develop policies and training in police departments to improve tracking of
cases involving domestic violence and dating violence;
! centralize and coordinate police enforcement, prosecution, or judicial
responsibility for domestic violence cases;
! coordinate computer tracking systems to ensure communication between
police, prosecutors, and the courts;
! strengthen legal advocacy service programs for victims of domestic violence
and dating violence;
! develop or strengthen policies and training for the police, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting instances of domestic
violence and sexual assault against older individuals and individuals with
disabilities; and
! educate judges about domestic violence and improve judicial handling of such
cases.
Applicants must certify that their laws or official policies encourage or mandate
arrest policies in domestic violence cases and do not require the abused to bear the
costs associated with the filing of criminal charges. Priority is given to applicants who
do not currently provide for centralized handling of cases involving domestic violence
by police, prosecutors, and the courts, and to those who demonstrate a commitment
to strong enforcement and prosecution of such cases. For more information consult
[http://www.ojp.usdoj.gov/vawo/grants/arrest/descrip.htm]. [Section 40231]
Grants for Battered Women’s Shelters
These grants are distributed by the Secretary of Health and Human Services for
battered women’s shelters. The grants for each state are allocated based on the
relative population of the state except that: (1) each state is allocated not less than 1%
of the total grant or $600,000 which ever is less; and (2) Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific
Islands are allotted not less than one-eighth of 1% of the amounts available for grants.
[Section 40241]
CRS-16
Community Programs on Domestic Violence
These grants are provided by the Secretary of Health and Human Services to
non-profit private organizations for the purpose of establishing projects in local
communities to coordinate intervention and prevention efforts against domestic
violence.
Grants will fund local projects that coordinate efforts among such sectors as
health care providers, the education community, the religious community, the criminal
justice system, human service entities, and business and civic leaders. Grants may be
made for up to 3 years and are to be geographically dispersed throughout the country.
[Section 40261]
National Stalker and Domestic Violence Reduction Grants
Provides authority for the Attorney General to make grants to state and units of
local government to improve data entry for cases of stalking and domestic violence
in local, State, and national crime information databases most notably the National
Crime Information Center (NCIC).
Applicants must certify that they have established a program that enters into the
NCIC records of:
! warrants for the arrest of persons violating protection orders intended to
protect victims from stalking and domestic violence;
! arrests or convictions of persons violating protection or domestic violence; and
! protection orders for the protection of persons from stalking and domestic
violence.
These grants are awarded on a need-based basis for entities that do not have this type
of system in place. [Sections 40602-607]
Rural Domestic Violence and Child Abuse Enforcement
Grants
These grants are provided by the Attorney General to states, Indian tribal
governments, or local governments of rural states, and to other public and private
entities of rural states to (1) 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 violence,
dating violence, and child abuse; (2) provide treatment and counseling to such victims;
and (3) work cooperatively to develop education and prevention strategies at the
community level. A minimum of 5% of the grant monies are allocated to Indian tribal
government. For more information see
[http://www.ojp.usdoj.gov/vawo/grants/rural/descrip.htm]. [Section 40295]
CRS-17
Victims of Child Abuse Grants
VAWA amended the Victims of Child Abuse Act of 1990 to provide
authorization for three purposes:
! the court-appointed special advocate program;
! child abuse training programs for judicial personnel and practitioners; and
! grants for televised testimony.
Priority for the court-appointed special advocate program grants are given to
localities that do not have existing programs and to programs in need of expansion.
Priority for child abuse training programs are given to programs that aim to improve
the procedures of child service agencies.
Federal Victims Counselors
This money is allocated to the U.S. Attorneys to appoint victims/witness
counselors for prosecution of sex and domestic violence crimes where applicable.
[Section 40114]
Grants to Reduce Sexual Abuse of Runaway, Homeless, and
Street Youth
The Secretary of Health and Human Services may make grants to private, non-
profit agencies for prevention of sexual abuse and exploitation of runaway, homeless,
and street youth. Funds may be used for street-based outreach and education,
including treatment, counseling, provision of information and referrals for those
subject to or at risk of sexual abuse. Priority is given to those agencies with
experience in providing services to this population. These grant were reauthorized
through FY2003 by the Missing, Exploited, and Runway Children Protection Act
(P.L. 106-71; S. 249/Hatch), which was signed into law on October 12, 1999.
[Section 40155]
Equal Justice for Women in the Courts
The State Justice Institute and the Federal Judicial Center, respectively, may
make grants to provide model programs involving training of judges and court
personnel in state and federal courts on rape, sexual assault, domestic violence, and
other gender motivated crimes.
The State Justice Institute grants may be used to train Indian tribal judges and
court personnel in the laws on rape, sexual assault, domestic violence, dating violence,
and other crimes of violence motivated by the victim’s gender. The funds may also
be used for training on the issues raised by domestic violence and sexual assault in
determining custody and visitation. At least 40% of funds must be expended on
model programs regarding domestic violence and at least 40% of funds must be
expended on model programs regarding rape and sexual assault.
The Federal Judicial Center grants may be used to educate and train judges on
issues related to gender bias in the courts. [Sections 40411-414, 40421-422].
CRS-18
Appendix B: New Initiatives in the Violence Against
Women Act 2000
Grant Programs
Grants for Legal Assistance to Victims. VAWA 2000 authorizes the
Attorney General to award grants to private nonprofit entities, Indian tribal
governments, and publically funded organizations to increase the availability of legal
assistance to victims of domestic violence, stalking, or sexual assault in legal matters,
such as immigration, housing matters, and protection orders, at minimum or no cost
to the victim. These grants may be used to establish or expand cooperative efforts
between victim services organizations and legal assistance providers, by providing
training, technical assistance, and data collection. [Section 1201]
Short Term Transitional Housing. VAWA 2000 includes grants for short-
term transitional housing assistance and support services for victims of domestic
abuse. These grants are administered by the Secretary of HHS. [Section 1203]
Older and Disabled Individuals. VAWA 2000 amends the language of
STOP grants and “Grants to Encourage Arrest Policies” to provide funds to increase
protection of older individuals and individuals with disabilities from domestic violence
and sexual assault through policies and training for police, prosecutors, and the
judiciary. It also creates new grants, administered by the Attorney General, for
training programs to assist law enforcement officers, prosecutors, and court officials
in addressing, investigating and prosecuting instances of elder abuse, neglect, and
exploitation, and violence against individuals with disabilities, including domestic
violence and sexual assault. VAWA 2000 authorizes $5 million annually, FY2001-
FY2005 for grants for these training programs. [Section 1209]
Safe Haven Pilot Program. VAWA 2000 authorizes the Attorney General
to award grants to state, local, and Indian tribal governments to provide supervised
visitation and safe visitation exchange for children involved in situations of domestic
violence, child abuse, or sexual assault. [Section 1301]
Other Initiatives
Studies. There are several studies authorized in VAWA 2000. These include
studies of: (1) insurance discrimination against victims of domestic violence; (2)
workplace effects of violence against women; (3) unemployment compensation for
women who are victims of violence; and (4) parental kidnaping. VAWA 2000 also
requires the National Institute of Justice (NIJ) to develop a research agenda and plans
to implement the agenda based on the National Academy of Sciences’
recommendations in the report Understanding Violence Against Women. [Sections
1206-1208, 1303-1304]
CRS-19
Battered Immigrant Women Protection Act of 2000. VAWA 2000
contains the Battered Immigrant Women Protection Act of 2000, which provides for
increased protection of immigrant women who are victims of domestic abuse, and
creates special rules for alien battered spouses and children to allow them to remain
in the United States.14 [Sections 1501-1513]
Dating Violence. VAWA 2000 defines “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 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.
VAWA 2000 amends the original law so that STOP grants, grants to encourage arrest
policies, and rural domestic violence grants can be awarded for programs to combat
“dating violence.” [Section 1109]
Task Force on Domestic Violence. VAWA 2000 also establishes a task
force to coordinate research on domestic violence. [Section 1407]
14 See CRS Report RL30559, Immigration: Noncitizen Victims of Family Violence, by
Andorra Bruno and Alison Siskin.