Order Code RL30871 CRS Report for Congress Received through the CRS Web Violence Against Women Act: History and Federal Funding Updated June 9, 2005 Garrine P. Laney Analyst in Social Legislation Domestic Social Policy Division Congressional Research Service ˜ The Library of Congress Violence Against Women Act: History and Federal Funding Summary On October 28, 2000, President Clinton signed into law the Violence Against Women Act (VAWA) of 2000 as Division B of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386, H.R. 3244). VAWA 2000 reauthorized the Violence Against Women Act through FY2005, set new funding levels, and added new programs. The original Violence Against Women Act, enacted as Title IV of the Violent Crime Control and Law Enforcement Act (P.L. 103-322, H.R. 3355), became law in 1994. The Consolidated Appropriations Act, 2005 (P.L. 108-447) provided $387.28 million in FY2005 funding for violence against women programs administered by the Department of Justice (DOJ) and $129.9 million for those programs administered by the Department of Health and Human Services (HHS). The act mandated a reduction of 0.80% for some FY2005 discretionary appropriations, which included VAWA funding. In addition, 0.54% cut in Commerce-Justice-State discretionary appropriations for FY2005 affected funding for VAWA programs administered by DOJ. For FY2006, President Bush requests $515 million for VAWA programs — $386 million for programs administered by DOJ and $129 million for HHS programs. VAWA established within DOJ and 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. The act provided for several studies of violent crimes against women and changed 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. VAWA 2000 reauthorized most of the original act’s programs and created 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 protect elderly and disabled victims of domestic violence. VAWA 2000, also, created a program for safe custody exchange for families of domestic violence. Most recently, Congress passed the Keeping Children and Families Safe Act of 2003 (P.L. 108-36), and the PROTECT Act (P.L. 108-21), which, among other provisions, authorized funding of HHS and DOJ transitional housing assistance programs for victims of domestic violence, respectively. The Keeping Children and Families Safe Act also extended to FY2008 authorization for the national domestic violence hotline and grants for battered women’s shelters programs. Contents Violence Against Women: Background and Statistics . . . . . . . . . . . . . . . . . . . . . 1 Changes in Federal Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Civil Rights and Supreme Court Ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Recent Funding for Violence Against Women Programs . . . . . . . . . . . . . . . . . . . 5 Debate over Gender Inclusiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 HHS Programs That Have Been Reauthorized . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Transitional Housing Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 National Domestic Violence Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Grants for Battered Women’s Shelters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Appendix A: Description of Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Law Enforcement and Prosecution (Special Training Officers and Prosecutors [STOP]) Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 State Domestic Violence and Sexual Assault Coalition Grants . . . . . . . . . . 19 Rape Prevention and Education Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 National Domestic Violence Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Grants to Encourage Arrests Policies in Domestic Violence Cases . . . . . . 19 Grants for Battered Women’s Shelters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Community Programs on Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . 20 National Stalker and Domestic Violence Reduction Grants . . . . . . . . . . . . 21 Rural Domestic Violence and Child Abuse Enforcement Grants . . . . . . . . 21 Victims of Child Abuse Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Federal Victims Counselors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Equal Justice for Women in the Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Appendix B: New Initiatives in the Violence Against Women Act 2000 . . . . . 23 Grant Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Grants for Legal Assistance to Victims . . . . . . . . . . . . . . . . . . . . . . . . 23 Short Term Transitional Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Older and Disabled Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Safe Haven Pilot Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Other Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Battered Immigrant Women Protection Act of 2000 . . . . . . . . . . . . . . 24 Dating Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Task Force on Domestic Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 List of Tables Table 1. Funds Appropriated for Violence Against Women Grant Programs, FY1996-FY2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Table 2. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Table 3. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386) for FY2005, Appropriations for FY2004 and FY2005, and Amounts Requested in the President’s FY2006 Budget . . . . . . . . . . . . 15 Violence Against Women Act: History and Federal Funding 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 emphasized enforcement as well as educational and social programs to prevent crime. The focus of the funding was 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 genderrelated crimes. These reports, required by the statute, are submitted annually to Congress. The data collected under VAWA are intended to help define the extent of 1 2 P.L. 103-322; 108 Stat. 1902; 42 U.S.C. § 13701. 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, Nov. 2, 2000. Though both studies provide examples of effective programs funded by the grants, neither offers a conclusion as to the overall effectiveness of these grant programs. CRS-2 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 had been the victim of an attempted rape (2.8%) in their lifetime. 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 12 months preceding the survey. 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 12 months preceding the survey. 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 since age 18 said the perpetrator was a current or former spouse, a cohabiting partner, or a date. 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: Nov. 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 underreported 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. CRS-3 ! ! 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 one in three 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 12 months preceding the survey. 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 created 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 intimidate 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 intimate partner. It also created 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 added the intimate partners of the victim as people covered under the interstate stalking statute, and made 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 created penalties for any person who travels in interstate or foreign commerce CRS-4 with the intent of violating 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 The Court found that such violence did 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 FY1995-FY2001 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, 529 U.S. 598 (2000), 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 8 Nonetheless, victims can still bring damage suit in state courts. 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 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 continued 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 made technical amendments, and required 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 amended the Public Health Service Act (P.L. 98-457) to require that certain funds be used exclusively for rape prevention and education programs. Moreover, the bill made it easier for battered immigrant women to leave and to help prosecute their abusers. Under the old law, battered immigrant women could be deported if they leave abusers who are their sponsors for residency and citizenship in the United States. VAWA 2000 created 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 authorized $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.) Recent Funding for Violence Against Women Programs For FY2006, President Bush requests a total of $515 million for VAWA programs, of which $386 million is for programs administered by DOJ and $129 million for programs administered by HHS. Of requested funding for HHS, $3 million is for the national domestic violence hotline, and $126 million is for grants for battered women’s shelters. The authorization level for violence against women programs for FY2005 is $737.3 million (See Table 3). On December 8, 2004, the Consolidated Appropriations Act, 2005 (P.L. 108447, H.R. 4818) was enacted. The act provided $387.28 million in FY2005 funding for violence against women programs administered by DOJ. This amount included $187 million for the STOP grant program, of which $12.5 million was for transitional housing assistance grants for victims of domestic violence, stalking, or sexual assault. For violence against women programs administered by the Department of Health and Human Services (HHS), the act provided $129.9 million — $126.65 million for the battered women’s shelters program and $3.25 million for the national domestic violence hotline. Total FY2005 funding for violence against women programs 9 See CRS Report RL30559, Immigration: Noncitizen Victims of Family Violence, by Andorra Bruno and Alison Siskin. CRS-6 administered by DOJ and HHS was $517.18 million. The Consolidated Appropriations Act, 2005 mandated a funding reduction of 0.80% for some FY2005 discretionary appropriations, which included VAWA funding. In addition, there was a 0.54% cut in Commerce-Justice-State discretionary appropriations for FY2005 that affected funding for VAWA programs administered by DOJ. For FY2005, President Bush requested a total of $514.11 million for VAWA programs compared to FY2005 authorization levels of $626.8 million. Of the requested funding, $385.5 million was for grants administered by the DOJ and $128.65 million was for programs administered by HHS. These VAWA programs address domestic violence and improve services for victims and their dependents. The Bush Administration requested $15 million for the transitional housing assistance programs as a set-aside under the VAWA STOP Formula Grant Program. The Consolidated Appropriations Act for FY2004 became law on January 23, 2004 (P.L. 108-199, H.R. 2673). Congress appropriated total FY2004 funding of $517 million for VAWA programs. This compared to President Bush’s total request of $512.4 million for VAWA grant programs. For VAWA programs that were administered by DOJ, Congress provided $387.6 million. For domestic violence programs that were administered by HHS, the conference agreement provided $129.4 million, of which $126.4 million would be for Grants for Battered Women’s Shelters and $3 million for the National Domestic Violence Hotline. (Note: these amounts were subject to a 0.59% across-the-board rescission included in the act.) Congress also appropriated $15 million for the transitional housing assistance grants program as a separate line-item. For FY2004, the House Commerce, Justice, State Appropriations Committee (CJS) (H.R. 2799, H.Rept. 108-221) recommended $387.63 million for violence against women prevention and prosecution programs that were administered by DOJ. According to the Committee report, funding would have supported efforts of law enforcement officers and prosecutors to address crimes against women, develop and establish policies that would have enhanced the prevention, identification, and response to crimes against women, and would have provided services, such as domestic violence court advocates for victims of crime. The Senate CJS Committee (S. 1585; S.Rept. 108-144) for FY2004 recommended $406 million for Violence Against Women Act programs, of which $185 million would have been for general formula grants to states. This funding would have been used to establish effective arrest and prosecution policies to prevent, identify, and respond to violent crimes against women, to address stalking, and to offer needed victims services such as specialized domestic violence court advocates who obtain protection orders. Recommended funding would have supported two programs in Alaska — $950,000 for a domestic violence protection unit and $500,000 for the standing together against rape program. For domestic violence programs that were administered by the Department of Health and Human Services for FY2004, both the House (July 10, 2003) and Senate (September 10, 2003) passed H.R. 2660, the Labor, Health, Human Services, and Education Appropriations bill. The Senate, however, after passing H.R. 2660, amended it on September 11. On October 2, the House disagreed to the amended bill CRS-7 and requested a conference. Both the House-passed H.R. 2660 and the Senate-passed and amended H.R. 2660 would have provided $3 million for the national domestic violence hotline and $126.4 million for family violence prevention and services and battered women’s shelters. This funding would have assisted states in preventing family violence and would have provided immediate shelter and related assistance for victims of domestic violence and their dependents as well as provided for states, public agencies, law enforcement agencies, nonprofit private organizations, and others seeking technical assistance and training relating to family violence programs. For FY2004, President Bush requested a total of $512.40 million for VAWA programs, with $385.40 million for programs administered by the Department of Justice (DOJ) and $127 million for programs administered by the Department of Health and Human Services (HHS). As Table 3 shows, the President’s budget for FY2004 requested funding below levels authorized for these programs. As in FY2003, there was no funding request for federal victims counselors or the domestic violence task force. The Administration requested funding for the safe havens for children pilot program, which was not authorized for FY2004. The FY2004 funding request for VAWA grants for battered women’s shelters, administered by HHS, was $124.42 million, which was $2.81 million less than the appropriation for FY2004. Authorized funding for this program in FY2004 was $175 million. Total FY2003 funds appropriated for VAWA was $519.98 million — $390.17 million for Department of Justice programs and $129.81 million for Health and Human Services programs. President Bush requested a total of $520 million for VAWA programs, of which $390 million was for programs administered by DOJ and $127 million was for programs administered by HHS. The Administration did not request funding for federal victims counselors or the domestic violence task force. The President requested funding for two programs that were not authorized for FY2003 — safe havens for children pilot program and training programs for medical personnel who perform sexual assault forensic exams. FY2003 funding request for VAWA g rants for battered women’s shelters, administered by HHS, was $125 million; the same amount appropriated in FY2002. Authorized funding for this program in FY2003 was $175 million. In FY2002, funding appropriated for VAWA programs totaled $517.22 million — VAWA programs administered by DOJ received a total of $390.60 million, while VAWA programs under HHS received $126.62 million. Within HHS, the President requested funding for programs at FY2001 appropriations levels, and did not request monies for the transitional housing grant program created in VAWA 2000. The President also requested $44 million for rape prevention and education grants; however, these grants were not specified by name in the Labor, Health and Human Services, and Education Appropriations Act of FY2002. Rather, the Administration proposed that funding for these grants be included as part of injury prevention grants. Congress provided $149.8 million for injury prevention grants. For FY2001, the President requested $481 million and Congress appropriated $407.1 million for VAWA programs, however, funding for VAWA programs created in the original Act did not truly decrease from FY2000 appropriation levels. Grants to Prevent Sexual Abuse of Runaway and Homeless Youth were reauthorized in the Missing, Exploited, and Runway Children Protection Act (P.L. 106-71) and received CRS-8 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 amounts for the different programs. Assuming FY2001 funding levels for the prevention grants remained at FY2000 levels, funding for VAWA programs increased by almost $20 million between FY2000 and FY2001.10 (The FY2000 amount enacted for VAWA programs was $435.75 million, $3 million less than the amount enacted for FY1999.11) 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. Debate over Gender Inclusiveness Although the programs in the original VAWA law tended to be popular among criminal justice practitioners, and VAWA 2000 passed with almost unanimous support in Congress, VAWA did have its critics. Most of the criticisms of VAWA and VAWA 2000 came from those who felt that violence was a problem of both men and women, and that both men and women were victims of domestic violence. They argued that the programs in VAWA only addressed the needs of women victims.12 Opponents of the law also felt that the legislation was paternalistic; it implied that women needed special protections.13 Proponents of VAWA argued that the language of the law was gender-neutral and that programs could address the needs of men as well as women.14 HHS Programs That Have Been Reauthorized Transitional Housing Assistance With passage of the Keeping Children and Families Safe Act (P.L. 108-36), the 108th Congress reauthorized several VAWA programs that are administered by the Department of Health and Human Services. The Keeping Children and Families Safe Act (P.L. 108-36), amended the Family Violence Prevention and Services Act and reauthorized the following programs: transitional housing assistance, national 10 The Center for Disease Control reports that these grants received $45 million in FY2001. 11 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.) 12 For more information see the American Coalition for Fathers & Children homepage, at [http://www.acfc.org], visited on Sept. 28, 2000. 13 Stephanie Gutmann, “Are All Men Rapists?” National Review, vol. 45, Aug. 1993, pp. 4447; Cathy Young, “Act Stirs Up Debate on Crime and Gender,” Insight, vol. 9, Nov. 29, 1993, pp. 12-16. 14 For more information, see the National Coalition Against Domestic Violence homepage, at [http://www.ncadv.org]. CRS-9 domestic violence hotline, and grants for battered women’s shelters. The transitional housing assistance program that is administered by HHS was reauthorized at $25 million for each FY2003 through FY2008. No funding, however, was provided for the transitional housing assistance program under HHS, which was originally established in VAWA 2000. On April 30, 2003, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 was enacted (the PROTECT Act, P.L. 108-21). This act contains provisions for transitional housing assistance that are very similar to the transitional housing provisions of the amended Family Violence Prevention and Services Act that is administered by HHS. The PROTECT Act, however, provides for DOJ to administer the transitional housing assistance program. Among other provisions, the act directs the Attorney General, in consultation with the Director of VAWO, to provide transitional housing assistance grants to states, units of local governments, Indian tribes, and other organizations. These grants can assist persons who need transitional housing as a result of fleeing domestic violence conditions, and for whom emergency shelter services are lacking or are inadequate. For 18 months, eligible persons can receive assistance with short-term housing (including rental), utilities payments, security deposits, and other expenses related to relocating to transitional housing. Grant recipients can waive the 18-month period and extend assistance for six more months to persons who have made a good-faith effort to acquire permanent housing but have been unsuccessful. In addition, a minor, an adult, or a dependent of such minor or adult who is escaping a domestic violence situation can receive support services to locate and secure permanent housing, and transportation, counseling, child care services, case management, employment counseling, and other assistance to become integrated into a community. The act required a grant recipient to prepare an annual report for submission to the Attorney General that describes the number of minors, adults, and dependents assisted and the types of housing assistance and support services that were provided. Each year, the Attorney General, with the Director of VAWO, must submit a report to the House and Senate Judiciary Committees that is a compilation of information provided annually by a grant recipient. For grants, Congress authorized to be appropriated $30 million for each fiscal year 2004 through 2008. Of this amount, the Attorney General in any fiscal year can use no more than 3% for salaries and administrative expenses. For the transitional housing program for FY2004, Congress appropriated $15 million as a separate line item in the FY2004 Consolidated Appropriations Act. For FY2005, President Bush requested $180 million for Special Training Officers and Prosecutors (STOP) grant programs, of which $15 million was a set-aside for transitional housing assistance. National Domestic Violence Hotline The Keeping Children and Families Safe Act also reauthorized the national domestic violence hotline at $3.5 million for each FY2004 through FY2008. For FY2006, President Bush requests $3 million for the hotline. The hotline received FY2005 funding of $3.22 million. CRS-10 Grants for Battered Women’s Shelters Another VAWA program that was reauthorized by the Keeping Children and Families Safe Act is the grants for battered women’s shelters program. This program was reauthorized at $175 million for each FY2004 through FY2008. For FY2006, the Bush Administration requests $126 million for the program. It was funded at $126.63 million for FY2005. CRS-11 Table 1. Funds Appropriated for Violence Against Women Grant Programs, FY1996-FY2001 (budget authority in millions of dollars) Program Law Enforcement and Prosecution Grants (STOP Grants) (Section 40121) Grants to Encourage Arrest Policies (Section 40231) Rural Domestic Violence and Child Abuse Enforcement (Section 40295) Court Appointed Special Advocates for Victims of Child Abuse (Section 40156a) Training for Judicial Personnel and Practitioners for Victims of Child Abuse (Section 40156b) Grants for Televised Testimony by Victims of Child Abuse (Section 40156c) National Stalker and Domestic Violence Reduction Grants (Section 40602) Training Programs for Probation and Parole Officers Who Work With Released Sex Offenders (Section 40152) National Study on Campus Sexual Assault (Section 40506) State Databases Studies (Section 40292) Federal Victim Counselors (Section 40114) Subtotal: Department of Justice Training Judges/Court Personnel (Section 40421-22) Subtotal: The Judiciary Equal Justice for Women in Courts/Training Grants (Section 40411-14) Subtotal: State Justice Institute Admin. agency FY1995 enacted FY1996 enacted FY1997 enacted FY1998 enacted FY1999 enacted FY2000 enacted FY2001 enacteda OJP OJP 26.00 0.00 130.00 28.00 145.00 33.00 172.00 59.00 206.75 34.00 206.75 34.00 209.72 33.93 OJP 0.00 7.00 8.00 25.00 25.00 25.00 24.95 OJP 0.00 6.00 6.00 7.00 9.00 10.00 11.48 OJP 0.00 0.75 1.00 2.00 2.00 2.00 1.95 OJP 0.00 0.05 0.55 1.00 1.00 1.00 1.00 OJP 0.00 1.50 1.75 2.75 0.00 0.00 0.00 OJP OJP OJP USA 0.00 0.00 0.00 0.00 26.00 1.00 0.00 0.20 0.00 174.50 1.00 0.20 0.00 1.00 197.50 2.00 0.00 0.00 1.00 270.75 5.00 0.00 0.00 0.00 282.75 5.00 0.00 0.00 0.00 283.75 5.00 0.00 0.00 0.00 288.03 N/A 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N/A 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CRS-12 Program National Domestic Violence Hotline (Section 40211) Grants to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth (Section 40155) Grants for Battered Women’s Shelters (Section 40241) Transitional Housing for Victims of Domestic Violence (Section 1203 of VAWA)d National Number and Cost of Injuries Study (Section 40293) Admin. agency FY1995 enacted FY1996 enacted FY1997 enacted FY1998 enacted FY1999 enacted FY2000 enacted FY2001 enacteda ACF 1.00 0.00 1.20 1.20 1.20 2.00 2.16 ACF ACF 0.00 0.00 5.56 15.00 8.00 10.80 15.00 76.80 15.00 88.80 15.00 101.50 15.00b 116.92 ACF CDC — 0.00 — 0.10 — 0.00 — 0.00 — 0.00 — 0.00 0.00 0.00 Rape Prevention and Education Grants (Section 40151) CDC 0.00 28.54 35.00 45.00 45.00 45.00 c Community Programs on Domestic Violence (Section 40261) Subtotal: Department of Health and Human Services CDC 1.00 1.00 3.00 52.20 6.00 61.00 6.00 144.00 6.00 156.00 6.00 169.50 c 119.08 $27.00 $227.10 $258.50 $420.75 $438.75 $453.25 $407.11 Grand Total 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 Dec. 21, 2000. FY2001: Labor, Health and Human Services, and Education Appropriations (P.L. 106-554) signed into law on Dec. 21, 2000. 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) a. The FY2001 Consolidated Appropriations Act ( P.L. 106-554) contained a provision mandating a 0.22% 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 include the rescission. b. These grants 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 Oct. 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. In H.R. 4577, however, the CDC was allocated $175.97 million for injury prevention grants which would include these programs. The House Appropriations Committee report mentioned that $45 million should be appropriated for rape prevention grants, however, this language was not included in the bill. d. For this program, VAWA 2000 authorized $25 million for FY2001 only. CRS-13 Table 2. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386) ($ in millions) Program Law Enforcement and Prosecution (STOP) Grants (Section 1102-1103) Grants to Encourage Arrest Policies (Section 1104) Rural Domestic Violence and Child Abuse Enforcement (Section 1105) Court Appointed Special Advocates for Victims of Child Abuse (Section 1302) Training for Judicial Personnel and Practitioners for Victims of Child Abuse (Section 1302) Grants for Televised Testimony by Victims of Child Abuse (Section 1302) National Stalker and Domestic Violence Reduction Grants (Section 1106) Training Programs for Law Enforcement Officers on Elder Abuse, Neglect, and Exploitation (Section 1209) Civil and Legal Assistance for Victims of Violence (Section 1201) Safe Havens for Children Pilot Program (Section 1301) Grants to Decrease Violence Against Women with Disabilities (Section 1402) Training Programs for Medical Personnel who Perform Sexual Assault Forensic Exams (Section 1405) Domestic Violence Task Force (Section 1407) Federal Victim Counselors (Section 1205) Transitional Housing for Victims of Domestic Violence, Stalking, or Sexual Assaulta Subtotal: Department of Justice Admin. agency FY2001 FY2002 FY2003 FY2004 FY2005 OJP OJP OJP OJP OJP OJP OJP 185.00 65.00 40.00 12.00 2.30 1.00 3.00 185.00 65.00 40.00 12.00 2.30 1.00 3.00 185.00 65.00 40.00 12.00 2.30 1.00 3.00 185.00 65.00 40.00 12.00 2.30 1.00 3.00 185.00 65.00 40.00 12.00 2.30 1.00 3.00 OJP OJP OJP OJP OJP OJP USA VAWO 5.00 40.00 15.00 7.50 .20 .50 1.00 5.00 40.00 15.00 7.50 0.00 .50 1.00 5.00 40.00 0.00 7.50 0.00 .50 1.00 377.50 377.30 362.30 5.00 40.00 0.00 7.50 0.00 .50 1.00 30.00 392.30 5.00 40.00 0.00 7.50 0.00 0.00 1.00 30.00 391.80 Training Judges/Court Personnel (Section 1406(b)) Subtotal: The Judiciary N/A .50 .50 .50 .50 .50 .50 .50 .50 .50 .50 Equal Justice for Women in Courts/Training Grants (Section 1406(a)) Subtotal: State Justice Institute N/A 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 CRS-14 Program b National Domestic Violence Hotline (Section 1204) Grants for Battered Women’s Shelters (Section 1202)c Transitional Housing for Victims of Domestic Violence (Section 1203)d Rape Prevention and Education Grants (Section 1402) Community Programs on Domestic Violence (Section 1403) Subtotal: Department of Health and Human Services Grand Total Admin. agency ACF ACF ACF CDC CDC FY2001 FY2002 FY2003 FY2004 FY2005 2.00 175.00 25.00 80.00 6.00 288.00 2.00 175.00 0.00 80.00 6.00 288.00 2.00 175.00 25.00 80.00 6.00 288.00 3.50 175.00 25.00 80.00 6.00 289.50 3.50 175.00 25.00 80.00 6.00 289.50 $667.50 $642.30 $652.30 $683.80e $683.30e Source: Violence Against Women Act of 2000 (P.L. 106-386) as signed by the President on Oct. 28, 2000. Note: Section numbers refer to P.L. 106-386. List of Abbreviations. Within DOJ: USA: United States Attorneys; OJP: Office of Justice Programs; VAWO: Office on Violence Against Women Within HHS: ACF: Administration for Children and Families; CDC: Centers for Disease Control and Prevention a. The Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (the PROTECT ACT (P.L. 108-21)) authorized to be appropriated $30 million each fiscal year 2004 through 2008 for the transitional housing assistance program under DOJ. b. Under provisions of The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) the National Domestic Violence Hotline was reauthorized at $3.5 million for each FY2004 through FY2008. c. Under provisions of the Keeping Children and Families Safe Act of 2003, the Grants for Battered Women’s Shelters program was reauthorized at $175 million for each FY2004 through FY2008. d. The Keeping Children and Families Safe Act of 2003 amended provisions of the Family Prevention and Services Act by authorizing $25 million each fiscal year 2003 through 2008 for this program. e. Total funding includes the following programs administered by HHS that were reauthorized under the Keeping Children and Families Safe Act of 2003 — $3.5 million for the National Domestic Violence Hotline and $25 million for the transitional housing assistance program. In addition, total funding includes $30 million that the PROTECT ACT authorized for the transitional housing assistance program under DOJ. CRS-15 Table 3. Funding Authorized in the Violence Against Women Act 2000 (P.L. 106-386) for FY2005, Appropriations for FY2004 and FY2005, and Amounts Requested in the President’s FY2006 Budget ($ in millions) FY2005 enactedh $166.56 63.82 39.27 11.77 2.26 .98 2.95 $185.00 65.00 40.00 12.00 2.30 1.00 3.00 $184.59 62.64 39.16 11.74 1.90 .97 2.91 $187.31 62.66 39.17 11.85 2.29 .99 2.96 OJP VAWO 4.91 9.83 —a —b 4.35 9.05 4.96 9.05 VAWO VAWO VAWO VAWO OJP OJP OJP USA 4.92 39.32 14.75 7.37 0.00 0.00 0.00 0.00 5.00 40.00 0.00 7.50 0.00 0.00 0.00 1.00 4.54 39.21 13.39 7.15 0.00 0.00 0.00 0.00 4.54 39.22 13.89 7.16 0.00 0.00 0.00 0.00 VAWO 14.84e 383.55 30.00e 391.80 (12.30) 382.10 (15.00) 386.05 0.00 .50 0.00 0.00 Admin. agency Law Enforcement and Prosecution (STOP) Grants (Section 1102-1103) Grants to Encourage Arrest Policies (Section 1104) Rural Domestic Violence and Child Abuse Enforcement (Section 1105) Court Appointed Special Advocates for Victims of Child Abuse (Section 1302) Training for Judicial Personnel and Practitioners for Victims of Child Abuse (Section 1302) Grants for Televised Testimony by Victims of Child Abuse (Section 1302) National Stalker and Domestic Violence Reduction Grants (Section 1106) Training Programs for Probation and Parole Officers Who Work With Released Sex Offenders (Section not included in VAWA 2000) Grants to Reduce Crimes Against Women on Campus (Section 1108) Training Programs for Law Enforcement Officers on Elder Abuse, Neglect, and Exploitation (Section 1209) Civil and Legal Assistance for Victims of Violence (Section 1201) Safe Havens for Children Pilot Program (Section 1301) Grants to Decrease Violence Against Women with Disabilities (Section 1402) Training Programs for Medical Personnel who Perform Sexual Assault Forensic Exams (Section 1405) Report on Parental Kidnaping (Section 1303) Domestic Violence Task Force (Section 1407) Federal Victim Counselors (Section 1205) Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual Assaulte Subtotal: Department of Justice VAWO VAWO VAWO OJP OJP OJP OJP Training Judges/Court Personnel (Section 1406(b)) FY2004 enactedi Authoriz. FY2005 Program N/A Request FY2006 CRS-16 Program Admin. agency Subtotal: The Judiciary Authoriz. FY2005 FY2005 enactedh 0.00 .50 0.00 0.00 FY2004 enactedi Request FY2006 Equal Justice for Women in Courts/Training Grants (Section 1406(a)) Subtotal: State Justice Institute N/A 0.00 0.00 1.50 1.50 0.00 0.00 0.00 0.00 National Domestic Violence Hotline (Section 1204)k Grants for Battered Women’s Shelters (Section 1202)l Transitional Housing for Victims of Domestic Violence (Section 1203 of VAWA)f Rape Prevention and Education Grants (Section 1402) Community Initiative Programs on Domestic Violence (Section 1403) Subtotal: Department of Health and Human Services ACF ACF ACF CDC CDC 2.98 125.65 0.00 0. 00c 0.00c 128.63 3.50 175.00 25.00 80.00 6.00 289.50 3.22 126.63 0.00 3.00 125.99 0.00 d j d j 129.85 128.99 $512.18 g $511.95 $515.04 Grand Total $683.30 Sources: Violence Against Women Act of 2000 (P.L. 106-386) as signed by the President on Oct. 28, 2000. For FY2005 budget request, see Budget of the United States Government: Appendix under named agencies. The Consolidated Appropriations Act, FY2005 (P.L. 108-447), which includes appropriations for Commerce, Justice, State and Labor, Health and Human Services, and Education, became law on Dec. 08, 2004. Note: Section numbers refer to P.L. 106-386. Totals may not add due to rounding. Abbreviations to table. In DOJ: USA: United States Attorneys; OJP: Office of Justice Programs; VAWO: Office on Violence Against Women In HHS: ACF: Administration for Children and Families; CDC: Centers for Disease Control and Prevention a. VAWA 2000 did not reauthorize training programs for probation and parole officers who work with released sex offenders. b. VAWA 2000 authorized “such sums as may be necessary” for grants to reduce crimes against women on campuses. c. These grants were not specified by name in the FY2004 Consolidated Appropriations Act (P.L. 108-199) which includes appropriations for the Department of Labor, Health and Human Services. For FY2004, the Center for Disease Control (CDC) allocated $43.64 million for Rape Prevention and Education Grants and $5.79 million for Community Initiative Programs on Domestic Violence. These funding amounts are not included in the FY2004 Grand Total of this table. d. Within the Center for Disease Control’s Environmental Health and Injury Prevention account, the Consolidated Appropriations Act, FY2005 provides one million dollars to expand rape prevention and education activities, including funding for the National Resource Center on Sexual Assault at the statutory maximum. Grants for rape prevention and education and community programs on domestic violence were not given a separate line number in the Consolidated Appropriations Act, FY2005 or the President’s budget. CRS-17 CDC allocated FY2005 funding of $44 million for Rape Prevention and Education Grants and $5.3 million for Community Programs on Domestic Violence. These funding amounts are not included in the FY2005 Grand Total of this table. e. Administered by VAWO as provided in Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (the PROTECT ACT), Title VI, Sec. 611, Transitional Housing Assistance Grants for Child Victims of Domestic Violence, Stalking, or Sexual Assault ( P.L. 108-21, Apr. 30, 2003; 117 Stat. 693). For each fiscal year 2004 through 2008, the act authorized to be appropriated $30 million for the transitional housing assistance program under DOJ. For FY2005, Congress appropriated $12.3 million as a set-aside under the VAWA STOP Formula Grants program. The President proposes $15 million for transitional housing as a set-aside under the VAWA STOP Formula Grants Program for FY2005. This account was a separate line-item in the FY2004 Consolidated Appropriations Act. f. The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) amended provisions of the Family Violence Prevention and Services Act by extending the authorization for transitional housing assistance program administered by HHS. For the program, the act authorized funding of $25 million for each fiscal year 2003 through 2008. g. This total of authorized funding also includes $30 million that was authorized by the PROTECT ACT (P.L. 108-21). h. These funding amounts reflect the rescission reductions of 0.80% for some FY2005 discretionary appropriations, which include VAWA funding as well as a 0.54% cut in CommerceJustice-State discretionary appropriations for FY2005 that affects funding for VAWA programs administered by DOJ. i. Funding amounts reflect a 0.59% across-the-board rescission for these programs as required by the Consolidated Appropriations Act for FY2004. j. There is no separate line item in the President’s FY2006 budget for Rape Prevention and Education grants and Community Initiative Programs on Domestic Violence. k. Under provisions of The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) the National Domestic Violence Hotline was reauthorized at $3.5 million for each FY2004 through FY2008. l. Under provisions of the Keeping Children and Families Safe Act of 2003, the Grants for Battered Women’s Shelters program was reauthorized at $175 million for each FY2004 through FY2008. CRS-18 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/funds_uses.htm]. [Section 40121] CRS-19 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. In addition, 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. [Sections 40151-40152] 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] 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: CRS-20 ! ! ! ! ! ! ! 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/arrest_grant_desc.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] 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 three years and are to be geographically dispersed throughout the country. [Section 40261] CRS-21 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 40602-40607] 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/rural_grant_desc.htm]. [Section 40295] 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. CRS-22 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, nonprofit 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-23 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 included grants for shortterm 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, FY2001FY2005 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-24 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.15 [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] 15 See CRS Report RL30559, Immigration: Noncitizen Victims of Family Violence, by Andorra Bruno and Alison Siskin.