Contents

• Background and History of the Violence Against Women Act (VAWA)
• Violence Against Women Act of 1994
• Investigations and Prosecutions
• Grant Programs
• Other VAWA Requirements
• Office on Violence Against Women
• Categories of Crime Addressed Through VAWA
• Reauthorizations of VAWA
• Reauthorization of VAWA and the 113^th Congress

Summary

The Violence Against Women Act (VAWA) has been of ongoing interest to Congress since its enactment in 1994 (P.L. 103-322). The original act was intended to change attitudes toward domestic violence, foster awareness of domestic violence, improve services and provisions for victims, and revise the manner in which the criminal justice system responds to domestic violence and sex crimes. The legislation created new programs within the Departments of Justice (DOJ) and Health and Human Services (HHS) that aimed to reduce domestic violence and improve response to and recovery from domestic violence incidents. VAWA primarily addresses certain types of violent crime through grant programs to state, tribal, and local governments; nonprofit organizations; and universities. VAWA programs target the crimes of intimate partner violence, dating violence, sexual assault, and stalking.

In 1995, the Office on Violence Against Women (OVW) was created administratively within DOJ to administer federal grants authorized under VAWA. In 2002, Congress codified the OVW as a separate office within DOJ. Since its creation, the OVW has awarded more than $6 billion in grants. While the OVW administers the majority of VAWA authorized grants, other federal agencies, including the Centers for Disease Control and Prevention (in HHS) and the Office of Justice Programs (in DOJ), also manage VAWA grants.

Since its passage in 1994, VAWA has been modified and reauthorized several times. In 2000, Congress reauthorized the programs under VAWA, enhanced federal domestic violence and stalking penalties, added protections for abused foreign nationals, and created programs for elderly and disabled women. In 2005, Congress again reauthorized VAWA. In addition to reauthorizing the programs under VAWA, the legislation enhanced penalties for repeat stalking offenders; added additional protections for battered and/or trafficked foreign nationals; created programs for sexual assault victims and American Indian victims of domestic violence and related crimes; and created programs designed to improve the public health response to domestic violence.

In February 2013, Congress passed legislation (Violence Against Women Reauthorization Act of 2013; P.L. 113-4) that reauthorized most of the programs under VAWA, among other things. The VAWA reauthorization also amended and authorized appropriations for the Trafficking Victims Protection Act of 2000, enhanced measures to combat trafficking in persons, and amended some VAWA grant purpose areas to include sex trafficking. Moreover, VAWA 2013 gave Indian tribes authority to enforce domestic violence laws and related crimes against non-Indian individuals, and established a nondiscrimination provision for VAWA grant programs. The reauthorization also included new provisions to address the rape kit backlog in states. A description of the reauthorization is provided in this report.

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The Violence Against Women Act: Overview, Legislation, and Federal Funding

Background and History of the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) was originally passed by Congress as Title IV of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). This act addressed congressional concerns about violent crime, and violence against women in particular, in several ways. Among other things, it enhanced investigations and prosecutions of sex offenses by allowing for enhanced sentencing of repeat federal sex offenders; mandating restitution to victims of specified federal sex offenses; and authorizing grants to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes against women.

Congressional passage of VAWA was ultimately spurred on by decades of growing unease over the rising violent crime rate and a focus on women as crime victims. Beginning in the 1960s, the violent crime rate rose steadily,¹ igniting concern from both the public and the federal government. Supplementing the concern for the nation's rising violent crime rate was the concern for violence against women. In the 1970s, grassroots organizations began to stress the need for attitudinal change regarding violence against women. These organizations sought a change in attitude among both the public as well as the law enforcement community.²

In the 1980s, researchers began to address the violence against women issue as well. For instance, Straus and Gelles collected data on family violence and attributed declines in spousal assault to heightened awareness of the issue by both men and the criminal justice system.³ The criminal justice system and the public were beginning to view family violence as a crime rather than a private family matter.⁴

In 1984, Congress enacted the Family Violence Prevention and Services Act (FVPSA, P.L. 98-457) to assist states in preventing incidents of family violence and to provide shelter and related assistance to victims of family violence and their dependents. While FVPSA authorized programs similar to those discussed in this report and has reauthorized programs that were originally created by VAWA, such as the National Domestic Violence Hotline, it is a separate piece of legislation and beyond the scope of this report.⁵

In 1994, Congress passed a major crime bill, the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). Among other things, the bill created an unprecedented number of programs geared toward helping local law enforcement fight violent crime and providing services to victims of violent crime. In their introduction to the Violence Against Women Act, then-Senator Joseph Biden and Senator Barbara Boxer highlighted the weak response to violence against women by police and prosecutors.⁶ The shortfalls of legal response and the need for a change in attitudes toward violence against women were primary reasons cited for the passage of VAWA.⁷

Since it was enacted in 1994, Congress has reauthorized VAWA three times. Most recently, Congress passed and President Obama signed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4) that reauthorized most of the programs under VAWA, among other things. The VAWA reauthorization also amended and authorized appropriations for the Trafficking Victims Protection Act of 2000, enhanced measures to combat trafficking in persons, and amended VAWA grant purpose areas to include sex trafficking. Moreover, P.L. 113-4 gave Indian tribes authority to enforce domestic violence laws and related crimes against non-Indian individuals, and established a nondiscrimination provision for VAWA grant programs. The reauthorization also included new provisions to address the rape kit backlog in states. This reauthorization and others are discussed in this report.

This report provides a brief legislative history of VAWA and an overview of the crimes addressed through VAWA. The report concludes with a brief description of the most recent reauthorization of VAWA. The Appendix provides brief VAWA program descriptions and outlines funding information for VAWA authorized programs from FY2011 through FY2015.

Violence Against Women Act of 1994

VAWA was originally passed by Congress as part of the broader Violent Crime Control and Law Enforcement Act of 1994. The Violence Against Women Act of 1994 (1) enhanced investigations and prosecutions of sex offenses and (2) provided for a number of grant programs to address the issue of violence against women from a variety of angles, including law enforcement, public and private entities and service providers, and victims of crime. The sections below highlight examples of these VAWA provisions.

Investigations and Prosecutions

As passed in 1994, VAWA impacted federal investigations and prosecutions of cases involving violence against women in a number of ways. For instance, it established new offenses and penalties for the violation of a protection order as well as stalking in which 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. It added new provisions to require states and territories to enforce protection orders issued by other states, tribes, and territories. VAWA also allowed for enhanced sentencing of repeat federal sex offenders. It also authorized funding for the Attorney General to develop training programs to assist probation and parole officers in working with released sex offenders.

In addition, VAWA established a new requirement for pretrial detention in federal sex offense or child pornography felony cases. It also modified the Federal Rules of Evidence to include new procedures specifying that, with few exceptions, a victim's past sexual behavior was not admissible in federal criminal and civil cases of sexual misconduct.⁸ In addition, VAWA asked the Attorney General to study measures in place to ensure confidentiality between sexual assault or domestic violence victims and their counselors.

VAWA mandated restitution to victims of specified federal sex offenses, specifically sexual abuse as well as sexual exploitation and other abuse of children. It also established new provisions, including a civil remedy that allows victims of sexual assault to seek civil penalties from their alleged assailants,⁹ and a provision that allows rape victims to demand that their alleged assailants be tested for the HIV virus.

Grant Programs

VAWA created a number of grant programs for a range of activities, including programs aimed at (1) preventing domestic violence and related crimes; (2) encouraging collaboration among law enforcement, judicial personnel, and public/private sector providers with respect to services for victims of domestic violence and related crimes; (3) investigating and prosecuting domestic violence and related crimes; and (4) addressing the needs of individuals in a special population group (e.g., elderly, disabled, children and youth, individuals of ethnic and racial communities, and nonimmigrant women). VAWA grants are administered by the Department of Justice, Office on Violence Against Women and Office of Justice Programs as well as by the Department of Health and Human Services, Centers for Disease Control and Prevention.

Under VAWA, grants were authorized for capital improvements to prevent crime in public transportation systems as well as in public and national parks. It also expanded the Family Violence Prevention and Services Act (FVPSA)¹⁰ to include grants for youth education on domestic violence and intimate partner violence as well as to include grants for community intervention and prevention programs.

As mentioned, VAWA provided for federal grants to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes against women. It established an additional grant to bolster investigations and prosecutions in rural areas. It also established a grant program to encourage state, local, and tribal arrest policies in domestic violence cases.

VAWA authorized grants for education and training for judges and court personnel in state and federal courts on the laws of rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. It also authorized grants to assist state and local governments in entering data on stalking and domestic violence into national databases.

VAWA authorized the expansion of grants under the Public Health Service Act¹¹ to include rape prevention education. Additionally, it expanded the purposes of the Runaway and Homeless Youth Act¹² to allow for grant funding to assist youth at risk of (or who have been subjected to) sexual abuse. VAWA reauthorized the Court-Appointed Special Advocate Program and the Child Abuse Training Programs for Judicial Personnel and Practitioners. It also authorized funding for Grants for Televised Testimony by Victims of Child Abuse.

VAWA established the National Domestic Violence Hotline and authorized funding for its operation.¹³ It also authorized funding for battered women's shelters, in addition to including special protections for battered nonimmigrant women and children.¹⁴

Other VAWA Requirements

Beyond the criminal justice improvements and grant programs, VAWA included provisions for several other activities, including

• requiring that the U.S. Postal Service take measures to ensure confidentiality of domestic violence shelters and abused persons' addresses;
• mandating federal research by the Attorney General, National Academy of Sciences, and Secretary of Health and Human Services to increase the government's understanding of violence against women; and
• requesting special studies on campus sexual assault and battered women's syndrome.

Office on Violence Against Women

In 1995, the Office on Violence Against Women (OVW) was administratively created within the Department of Justice (DOJ) to administer the grants authorized under VAWA.¹⁵ Since its creation through FY2014, the OVW has awarded more than $6 billion in grants and cooperative agreements to state, tribal, and local governments, nonprofit organizations, and universities.¹⁶ While the OVW administers the majority of VAWA authorized grants, other federal agencies, including the Centers for Disease Control and Prevention (CDC) and the Office of Justice Programs (OJP), also manage VAWA funds. See Table A-1 for an outline of current VAWA authorized grant programs.

Categories of Crime Addressed Through VAWA

VAWA grant programs address the needs of victims of domestic violence, sexual assault, dating violence, and stalking. VAWA treats these as distinct crimes which involve a wide range of victim demographics. For domestic violence, sexual assault, dating violence, and stalking, the risk of victimization is highest for women.¹⁷

Victimization data on these crimes are available from two national surveys, the National Crime Victimization Survey (NCVS) and the Youth Risk Behavior Surveillance System,¹⁸ and the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting (UCR) Program.¹⁹ UCR data vary from survey data because the UCR describes crimes that were reported to law enforcement while survey data describe self-reported crimes that were not necessarily reported to law enforcement. Due to differences in methodology, survey data are not comparable to UCR data.²⁰

Domestic Violence

Public concern over violence against women prompted the original passage of VAWA. As such, VAWA legislation and programs have historically emphasized women as victims. More recently, however, there has been a focus on ensuring the needs of all victims are met through provisions of VAWA programs.²¹

Domestic violence is a complex crime and is often labeled as family violence or intimate partner violence. Under VAWA, domestic violence is generally interpreted as intimate partner violence. Intimate partner violence includes felony or misdemeanor crimes committed by spouses or ex-spouses, boyfriends or girlfriends, and ex-boyfriends or ex-girlfriends. Crimes may include sexual assault, simple or aggravated assault, and homicide. As defined in statute for the purposes of VAWA grant programs, domestic violence includes

felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.²²

From 1993 to 2013, the rate of serious intimate partner violence²³ declined by 63% for females, from 5.7 victimizations per 1,000 females aged 12 and older in 1993 to 2.1 per 1,000 in 2013, and 60% for males, from 1.5 victimizations per 1,000 males aged 12 and older in 1993 to 0.6 per 1,000 in 2013.²⁴ According to NCVS data, intimate partner victimization rates also vary by age and race. Females aged 18 or older generally experience higher rates of intimate partner violence than females aged 12 to 17. Rates of intimate partner violence have also been historically higher for black females than white females.²⁵

In 2011, a survey conducted by the Centers for Disease Control and Prevention included questions about lifetime victimization. The CDC estimates that 22.3% of women and 14.0% of men have experienced severe physical violence²⁶ by an intimate partner in their lifetime.²⁷

Intimate Partner Homicide

Since peaking in the early 1990s, violent and property crime rates have declined through 2013.²⁸ Overall homicide rates and intimate partner homicide rates have also declined. Researchers have studied the range of social factors that may influence homicide rates and have suggested possible reasons for the decline in intimate partner homicide rates. For instance, most intimate partner homicides involve married couples; as such, some researchers have suggested the decline in marriage rates among young adults as a contributing factor in the decline in intimate partner homicide rates.²⁹ Additionally, divorce and separation rates have increased. Fewer marriages may result in less exposure to abusive partners and fewer marriages may suggest that those who do marry are more selective in choosing a partner.³⁰

Overall, homicide is committed largely by males, mostly victimizing other males. From 1980 through 2008, males made up 90% of all offenders and 77% of all homicide victims; however, females were more likely than males to be victims of intimate partner homicide.³¹ From 1980 through 2008, female homicide victims were six times more likely than male victims to have been a victim of intimate partner homicide, and 63% of all intimate partner homicide victims were female.³²

Sexual Assault

While intimate partner violence can, and often does, include sexual assault,³³ it is viewed as a separate category of crime under VAWA. Sexual assault may include the crimes of forcible rape, attempted forcible rape, assault with intent to rape, statutory rape, and other sexual offenses. Under VAWA, sexual assault is defined as "any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent."³⁴ Sexual assault is termed as "sexual abuse" and "aggravated sexual abuse" under federal criminal law, Title 18. ³⁵

According to statistics from the National Crime Victimization Survey (NCVS), there were 300,170 sexual assaults (1.1 per 1,000 aged 12 and older) in 2013.³⁶ These data are not comparable to Uniform Crime Reporting (UCR) Program data because these data are self-reported during interviews and are not necessarily reported to law enforcement.

According to the FBI's UCR Program, 79,770 forcible rapes were reported to law enforcement in 2013. Since 1990, when 102,555 forcible rapes were reported to law enforcement, this figure has fluctuated but has declined overall, as illustrated in Figure 1. Under the revised FBI definition of rape, which is broader in its definition of rape and includes male victims, there were 108,672 forcible rapes reported in 2013.³⁷

Figure 1. Forcible Rapes Known to Police (1990–2013)

Source: CRS presentation of UCR data. These data are available at http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s. Note: The data presented in the green trend line include only female victims; from 1990-2012, FBI data on sexual assaults did not include male victims. In 2013, the FBI began to present data using both the legacy definition of rape (does not include male victims) and the revised definition of rape (includes male victims).

Until 2012, the FBI defined forcible rape as, "the carnal knowledge of a female forcibly and against her will."³⁸ Forcible rape statistics include attempted forcible rape and assault with intent to rape, but exclude statutory rape without force and other sex offenses.³⁹ In January 2012, the FBI revised its definition of forcible rape to include male victims.⁴⁰ Current UCR reports (from 2013 on) include rape statistics for both male and female victims.

Dating Violence

Under VAWA, dating violence refers to "violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim."⁴¹ The relationship between the offender and victim is determined based on the following factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.⁴²

Reports on dating violence usually refer to teenagers as the relevant age demographic. According to the 2013 Youth Risk Behavior Survey, approximately 10.3% of high school students⁴³ had been "hit, slammed into something, or injured with an object or weapon on purpose by someone they were dating or going out with" one or more times in the past year.⁴⁴ The prevalence of physical dating violence was higher among female students (13.0%) than male students (7.4%).⁴⁵

Stalking

Stalking is defined as "a course of conduct directed at a specific person that would cause a reasonable person to feel fear."⁴⁶ All 50 states, the District of Columbia, and U.S. Territories have enacted anti-stalking laws, and these laws vary in their definition.⁴⁷ Federal law makes it unlawful to (1) travel across state lines or use the mail or computer; (2) with the intent to injure or harass another; and (3) as a result, places that person in reasonable fear of death or serious bodily injury or causes substantial emotional distress to that person or a member of that person's family.⁴⁸

According to the NCVS, 3.3 million individuals aged 18 and older were victims of stalking in 2006.⁴⁹ Females were at greater risk than males for stalking victimization, and individuals aged 18-24 were at greater risk than those individuals aged 25 or older.⁵⁰ According to the CDC, 15.2% of women and 5.7% of men have been stalked by an intimate partner in their lifetime.⁵¹

Reauthorizations of VAWA

Since it was enacted in 1994, Congress has reauthorized VAWA three times. Of note, the reauthorizations in 2000 and 2005 had broad bipartisan support while the most recent reauthorization in 2013 faced some adversity.⁵²

• In 2000, Congress reauthorized VAWA through the Victims of Trafficking and Violence Protection Act (P.L. 106-386). Modifications included additional protections for battered nonimmigrants,⁵³ a new program for victims in need of transitional housing, a requirement for grant recipients to submit reports on the effectiveness of programs, new programs designed to protect elderly and disabled women, mandatory funds to be used exclusively for rape prevention and education programs, and inclusion of victims of dating violence.⁵⁴ VAWA 2000 amended interstate stalking and domestic violence law to include (1) 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; (2) 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; (3) a person who travels in interstate or foreign commerce 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; and (4) a person who uses 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.⁵⁵ Also, the act added the intimate partners of victims as people covered under the interstate stalking statute.
• In 2005, Congress reauthorized VAWA through the Violence Against Women and Department of Justice Reauthorization Act (P.L. 109-162).⁵⁶ The legislation added protections for battered and/or trafficked nonimmigrants;⁵⁷ enhanced penalties for repeat stalking offenders; and added programs for American Indian victims and sexual assault victims and programs designed to improve the public health response to domestic violence. The act emphasized collaboration among law enforcement; health and housing professionals; and women, men, and youth alliances, and encourages community initiatives to address these issues. The act also created the Office of Audit, Assessment and Management (OAAM).

Reauthorization of VAWA and the 113^th Congress

Authorization for appropriations for the programs under VAWA expired in 2011; however, programs continued to receive appropriations in FY2012 and FY2013. In the 112^th Congress, a bill was passed in each chamber (S. 1925 and H.R. 4970) that would have reauthorized most of the programs under VAWA, among other things. Neither bill was enacted into law.

In 2013, the 113^th Congress reauthorized VAWA through the Violence Against Women Reauthorization Act of 2013 (VAWA 2013; P.L. 113-4). Many VAWA grants are now reauthorized from FY2014 through FY2018. This section briefly describes provisions of VAWA 2013.

Consolidation of Grant Programs

VAWA 2013 reauthorized most VAWA grant programs and authorized appropriations at a lower level, in general. It consolidated several VAWA grant programs and in doing so authorized new grant programs. These actions are summarized below.

• The (1) Safe Havens for Children (also referred to as Supervised Visitation) and (2) Court Training and Improvements programs were consolidated⁵⁸ to form a new program, Grants to Support Families in the Justice System.⁵⁹ The purpose of this program is to improve the civil and criminal justice system response to families with a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse.
• The (1) Services to Advocate for and Respond to Youth (also referred to as Youth Services) and (2) Grants to Combat Domestic Violence, Dating Violence, Sexual Assault, and Stalking in Middle and High Schools (also referred to as Supporting Teens through Education and Protection or STEP) were consolidated to create Creating Hope Through Outreach, Options, Services, and Education for Children and Youth (CHOOSE Children & Youth).⁶⁰ The purpose of this program is to enhance the safety of youth and children who are victims of or exposed to domestic violence, dating violence, sexual assault, stalking, or sex trafficking. This program also aims to prevent future violence.⁶¹
• The (1) Engaging Men and Youth in Prevention and Grants to Assist Children and (2) Youth Exposed to Violence programs were consolidated to create Saving Money and Reducing Tragedies Through Prevention (SMART Prevention).⁶² The SMART Prevention program aims to prevent domestic violence, sexual assault, dating violence, and stalking through awareness and education programs and also through assisting children who have been exposed to violence and abuse. In addition, this program aims to prevent violence by engaging men as leaders and role models.⁶³
• Three previously unfunded programs, (1) Interdisciplinary Training and Education on Domestic Violence and Other Types of Violence and Abuse, (2) Research on Effective Interventions in the Health Care Setting, and (3) Grants to Foster Public Health Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking, were eliminated and their purpose areas were included in the authorization of a new program called Grants to Strengthen the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking.⁶⁴ The purpose of this program is to improve training and education for health professionals in their prevention of and response to domestic violence, dating violence, sexual assault, and stalking.⁶⁵

VAWA Grant Provisions

VAWA 2013 established new provisions for all VAWA grant programs. It established a nondiscrimination provision to ensure that victims are not denied services and are not subjected to discrimination based on actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability. It also enhanced protection of personally identifiable information of victims and specified the type of information that may be shared by grantees and subgrantees.⁶⁶ It also required that any grantee or subgrantee that provides legal assistance must comply with certifications required under the Legal Assistance for Victims Grant Program.⁶⁷

The 2013 reauthorization also added, modified, or expanded several definitions of terms in VAWA. These are a few examples:

• It revised the definition of "domestic violence" to specifically include "intimate partners" in addition to "current and former spouses."
• It removed the term "linguistically" from the Culturally Specific Services Grant and amended the definition of "culturally specific services" to address the needs of culturally specific communities.
• With respect to providing VAWA-related services, it added the terms "population specific services" and "population specific organizations," which focus on "members of a specific underserved population."⁶⁸
• It redefined "underserved populations" to include those who may be discriminated against based on religion, sexual orientation, or gender identity.⁶⁹
• It expanded the definition of cyberstalking to include use of any "electronic communication device or electronic communication service or electronic communication system of interstate commerce."⁷⁰
• It added a definition of "rape crisis center," which means "a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance ... to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system ... and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services."⁷¹
• It defined "individual in later life" to mean a person who is 50 years of age or older.
• It defined "youth" to mean a person who is 11 to 24 years of age.

Accountability of Grantees

VAWA 2013 imposed new accountability provisions including an audit requirement and mandatory exclusion if a grantee is found to have an unresolved audit finding. Additionally, it required the Office on Violence Against Women to establish a biennial conferral process with grantees and key stakeholders.⁷²

Sexual Assault and Rape Kit Backlog

VAWA 2013 amended the DNA Analysis Backlog Elimination Act of 2000 (P.L. 106-546)⁷³ to strengthen audit requirements for sexual assault evidence backlogs and require that for each fiscal year through 2018, not less than 75% of the total Debbie Smith grant⁷⁴ amounts be awarded to carry out DNA analyses of samples from crime scenes for inclusion in the Combined DNA Index System⁷⁵ and to increase the capacity of state or local government laboratories to carry out DNA analyses. Additionally, VAWA 2013 expanded the purpose areas of several VAWA grants to address the needs of sexual assault survivors to include strengthening law enforcement and forensic response and urging jurisdictions to evaluate and reduce rape kit backlogs. It also established a new requirement that at least 20% of funds within the STOP (Services, Training, Officers, Prosecutors) program and 25% of funds within the Grants to Encourage Arrest Policies and Enforce Protection Orders program be directed to programs that meaningfully address sexual assault.

Trafficking in Persons

VAWA 2013 amended and authorized appropriations for the Trafficking Victims Protection Act of 2000 (Division A of P.L. 106-386).⁷⁶ It also enhanced measures to combat trafficking in persons, and amended VAWA grant purpose areas to address sex trafficking. For example, it expanded the purpose areas for the Creating Hope through Outreach, Options, Services, and Education for Children and Youth grant program⁷⁷ to include victims of sex trafficking. VAWA 2013 also clarified that victim services and legal assistance include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons.⁷⁸

American Indian Tribes

VAWA 2013 included new provisions for American Indian tribes. It granted authority to Indian tribes to exercise special domestic violence criminal jurisdiction and civil jurisdiction to issue and enforce protection orders over any person,⁷⁹ and created a new grant program to assist Indian tribes in exercising special criminal jurisdiction over cases involving domestic violence.⁸⁰ It created a voluntary two-year pilot program for Indian tribes that make a request to the Attorney General to be designated as a participating tribe to have special domestic violence criminal jurisdiction over such cases (Note: The Attorney General may grant a request after concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants' rights).

VAWA 2013 also expanded the purpose areas of grants to tribal governments and coalitions to include sex trafficking. Additionally, it expanded the purpose areas of grants for American Indian tribal governments and coalitions to develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women. It also expanded the purpose areas of grants for American Indian tribal coalitions to raise awareness of and response to domestic violence to include identifying and providing technical assistance to enhance access to services for Indian women victims of domestic and sexual violence, including sex trafficking.

Battered Nonimmigrants

The most recent reauthorization of VAWA extended VAWA coverage to derivative children whose self-petitioning parent died during the petition process, a benefit currently afforded to foreign nationals under the family-based provisions of the Immigration and Naturalization Act (INA).⁸¹ It also exempted VAWA self-petitioners, U visa petitioners, and battered foreign nationals from being classified as inadmissible for legal permanent resident status if their financial circumstances raised concerns about them becoming potential public charges.⁸² Additionally, it amended the INA to expand the definition of the nonimmigrant U visa to include victims of stalking.

VAWA 2013 added several new purpose areas of the Grants to Encourage Arrest Policies and Enforcement of Protection Orders program (Arrest Program), one of which was to improve the criminal justice system response to immigrant victims of domestic violence, sexual assault, dating violence, and stalking.

Underserved Populations

In addition to expanding the definition of "underserved populations," VAWA 2013 established several new grant provisions to address the needs of underserved populations. It required STOP implementation plans to include demographic data on the distribution of underserved populations within states and how states will meet the needs of their underserved populations. It also expanded the purpose areas of the Grants to Combat Violent Crimes on Campuses program to address the needs of underserved populations on college campuses. It amended a previously unfunded VAWA program, Grants for Outreach to Underserved Populations, to ensure that it would receive funding by allotting 2% of annual appropriated funding for the Arrest and STOP programs to the Grants for Outreach to Underserved Populations program.

Housing

VAWA 2013 added housing rights for victims of domestic violence, dating violence, sexual assault, and stalking, including a provision that states that an applicant may not be denied public housing assistance on the basis that the person has been a victim of domestic violence, dating violence, sexual assault, or stalking. Under the Transitional Housing Assistance Grant program, it ensured that victims receiving transitional housing assistance are not subject to prohibited activities, including background checks or clinical evaluations, to determine eligibility for services. It removed the requirement that victims must be "fleeing" from a violence situation in order to receive transitional housing assistance. VAWA 2013 also specified that transitional housing services may include assisting victims in seeking employment.

VAWA 2013 required each executive department carrying out a covered housing program to adopt a model emergency transfer plan to use in allowing tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit of assisted housing. It also required the Secretary of Housing and Urban Development to establish policies and procedures under which a victim requesting such a transfer may receive Section 8 assistance under the U.S. Housing Act of 1937.⁸³

Higher Education

VAWA 2013 amended the Higher Education Act of 1965⁸⁴ (HEA) and established new mandatory grant guidelines for institutions of higher education in their incident response procedures and development of programs to prevent domestic violence, sexual assault, stalking, and dating violence. VAWA 2013 also addressed mandatory crime reporting and safety procedures on college campuses. For example, it amended the HEA to ensure that crime statistics on individuals who were "intentionally selected" because of their national origin or gender identity are recorded and reported according to category of prejudice.⁸⁵

Other Changes

VAWA 2013 amended rules for sexual acts in federal custodial facilities by adding "the commission of a sexual act" as grounds for civil action by a federal prisoner and mandating that detention facilities operated by the Department of Homeland Security and custodial facilities operated by the Department of Health and Human Services adopt national standards set forth through the Prison Rape Elimination Act of 2003 (P.L. 108-79). VAWA 2013 also enhanced criminal penalties for assaulting a spouse, intimate partner, or dating partner.⁸⁶

Appendix. Federal Programs Authorized by VAWA

The fundamental goals of VAWA are to prevent violent crime, respond to the needs of crime victims, learn more about violence against women, and change public attitudes about domestic violence. This comprehensive strategy involves a collaborative effort by the criminal justice system, social service agencies, research organizations, public health organizations, and various private organizations. VAWA has supported these efforts primarily through federal grant programs that provide funding to state, tribal, and local governments, nonprofit organizations, and universities. Table A-1 provides descriptions of VAWA programs. Table A-2 provides a five-year funding history for these programs.

VAWA 2013 authorized appropriations for most VAWA programs for FY2014-FY2018.⁸⁷ Currently, Table A-2 includes FY2011-FY2015 appropriations for VAWA programs. FY2015 appropriations are provided by the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-235).

Footnotes

1.	Kathleen Maguire and Ann Pastore, Sourcebook of Criminal Justice Statistics 1994, Bureau of Justice Statistics, Tables 3.108, 3.131, http://www.albany.edu/sourcebook/pdf/sb1994/sb1994-section3.pdf; and U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States, http://www.fbi.gov/about-us/cjis/ucr/ucr. Violent crimes include murders, non-negligent manslaughters, and aggravated assaults.
2.	Kimberley D. Bailey, "Lost in Translation: Domestic Violence, 'the Personal is Political'," and the Criminal Justice System.," Journal of Criminal Law & Criminology, vol. 100, no. 4 (Fall 2010), pp. 1255-1300.
3.	Murray Straus and Richard Gelles, "Societal Change and Change in Family Violence from 1975 to 1985," Journal of Marriage and Family, vol. 48, Iss. 3, August 1986.
4.	Ibid.
5.	For more information about FVPSA, see CRS Report R42838, Family Violence Prevention and Services Act (FVPSA): Background and Funding, by [author name scrubbed].
6.	Senators Biden and Boxer, "Violence Against Women," Remarks in the Senate, Congressional Record, June 21, 1994.
7.	Joseph Biden, "Violence Against Women: The Congressional Response," American Psychologist, vol. 48, no. 10 (October 1993), pp. 1059-1061; Barbara Vobejda, "Battered Women's Cry Relayed Up From Grass Roots," The Washington Post, July 6, 1994, p. A1.
8.	Fed. R. Evid. 412.
9.	In 2000, the U.S. Supreme Court struck down a provision of VAWA that allowed for a civil remedy for victims of gender-based violence. For more information, see U.S. v. Morrison, 529 U.S. 598 (2000).
10.	42 U.S.C. §10401 et seq.
11.	42 U.S.C. §280b et seq.
12.	42 U.S.C. §5711 et seq.
13.	The National Domestic Violence Hotline is now authorized by FVPSA (P.L. 111-320) and codified at 42 U.S.C. §10413.
14.	For more information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by [author name scrubbed].
15.	In 2002, OVW was codified through Title IV of the 21st Century Department of Justice Appropriations Authorization Act (P.L. 107-273).
16.	U.S. Department of Justice, Office on Violence Against Women, About the Office, http://www.ovw.usdoj.gov/overview.htm.
17.	Shannan Catalano, Erica Smith, Howard Snyder, and Michael Rand, U.S. Department of Justice, Bureau of Justice Statistics, Female Victims of Violence, September 2009, http://bjs.ojp.usdoj.gov/content/pub/pdf/fvv.pdf (hereinafter, Female Victims of Violence, 2009); Katrina Baum, Shannan Catalano, and Michael Rand, U.S. Department of Justice, Bureau of Justice Statistics, Stalking Victimization in the United States - Revised, September 2012, http://www.bjs.gov/content/pub/pdf/svus_rev.pdf (hereinafter, Stalking Victimization in the United States - Revised, 2012); Centers for Disease Control and Prevention, Youth Risk Behavior Surveillance, United States, 2013, pp. 10-11, http://www.cdc.gov/mmwr/pdf/ss/ss6304.pdf.
18.	U.S. Department of Health and Human Services, Centers for Disease Control, Youth Risk Behavior Surveillance System (YRBSS), http://www.cdc.gov/healthyyouth/yrbs/; and U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National Crime Victimization Survey, http://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=245.
19.	U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reporting Program, http://www.fbi.gov/about-us/cjis/ucr/ucr.
20.	For additional information regarding the differences in crime data collection and limitations of the data, see CRS Report RL34309, How Crime in the United States Is Measured, by [author name scrubbed] and [author name scrubbed]. For a comparison of methodologies used by the UCR and National Crime Victimization Survey, see The Nation's Two Crime Measures, http://bjs.ojp.usdoj.gov/content/pub/pdf/ntcm.pdf.
21.	U.S. Congress, House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, Hearing on: the U.S. Department of Justice, Office on Violence Against Women, Testimony by Susan Carbon, 112th Cong., 2nd sess., February 16, 2012.
22.	42 U.S.C. §13925(a)(8). The Violence Against Women Reauthorization Act of 2013 revised the definition of "domestic violence" to specifically include "intimate partners" in addition to "current and former spouses."
23.	The Bureau of Justice Statistics defines "serious intimate partner violence" as violent crimes including rape or sexual assault, robbery, and aggravated assault against an intimate partner.
24.	CRS analysis of NCVS victimization data using NCVS Victimization Analysis Tool. U.S. Department of Justice, Bureau of Justice Statistics, http://www.bjs.gov/index.cfm?ty=nvat.
25.	Shannan Catalano, U.S. Department of Justice, Bureau of Justice Statistics, Intimate Partner Violence, 1993 – 2010, November 2012, http://www.bjs.gov/content/pub/pdf/ipv9310.pdf.
26.	The CDC provided the following examples of severe physical violence: "including acts such as being hit with something hard, being kicked or beaten, or being burned on purpose."
27.	Matthew J. Breiding, Sharon G. Smith, and Kathleen C. Basile, et al., Prevalence and Characteristics of Sexual Violence, Stalking, and Intimate Partner Violence Victimization—National Intimate Partner and Sexual Violence Survey, United States, 2011, Centers for Disease Control and Prevention, September 5, 2014, http://www.cdc.gov/mmwr/preview/mmwrhtml/ss6308a1.htm?s_cid=ss6308a1_e (hereinafter, National Intimate Partner Sexual Violence Survey, 2011).
28.	In some years, violent and property crime increased, but overall, violent and property crime rates have declined since the early 1990s.
29.	Laura Dugan, Daniel Nagin, and Richard Rosenfeld, Do Domestic Violence Services Save Lives?, National Institute of Justice Journal, Issue 250 (November 2003), p. 22, https://www.ncjrs.gov/pdffiles1/jr000250f.pdf.
30.	Ibid.
31.	Margaret Zahn, Intimate Partner Homicide: An Overview, National Institute of Justice Journal, Issue 250 (November 2003), p. 2; and Bureau of Justice Statistics, Homicide Trends in the United States, 1980-2008, November 2011, pp. 3, 18, http://bjs.ojp.usdoj.gov/content/pub/pdf/htus8008.pdf (hereinafter, Homicide Trends in the United States).
32.	Homicide Trends in the United States, p. 10.
33.	Female Victims of Violence, 2009. p. 2.
34.	42 U.S.C. §13925(a) (29).
35.	See 18 U.S.C. §2241 et seq.
36.	U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2013, September 2014, p. 2, http://www.bjs.gov/content/pub/pdf/cv13.pdf.
37.	U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2013, October 2014, http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/violent-crime/rape.
38.	U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2012, October 2013, http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/violent-crime/rape.
39.	Ibid.
40.	U.S. Department of Justice, Office of Public Affairs, Attorney General Eric Holder Announces Revisions to the Uniform Crime Report's Definition of Rape, http://www.justice.gov/opa/pr/2012/January/12-ag-018.html.
41.	42 U.S.C. §13925.
42.	Ibid.
43.	Among the 73.9% of students nationwide who dated or went out with someone during the 12 months before the survey.
44.	Centers for Disease Control and Prevention, Youth Risk Behavior Surveillance, United States, 2013, pp. 10-11, http://www.cdc.gov/mmwr/pdf/ss/ss6304.pdf.
45.	Ibid.
46.	Stalking Victimization in the United States - Revised, 2012, p. 1.
47.	Ibid.
48.	18 U.S.C. §2261(A).
49.	In 2006, the NCVS included a supplemental survey that identified victims of stalking.
50.	Stalking Victimization in the United States - Revised, 2012, pp. 3-4.
51.	National Intimate Partner Sexual Violence Survey, 2011.
52.	In 2000, the House passed the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) with a 371-1 vote and the Senate unanimously passed the bill. In 2005, the House passed the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) with a 415-4 vote, and the Senate again unanimously passed the bill. In 2013, the Senate passed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4) with a 78-22 vote, and the House passed the bill with a 286-138 vote.
53.	For more information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by [author name scrubbed].
54.	The term "dating violence" was not used in the original VAWA and was added in VAWA 2000.
55.	18 U.S.C. §2261 and §2262.
56.	Provisions in VAWA 2005 were modified in A Bill to Make Technical Corrections to the Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-271).
57.	For more information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by [author name scrubbed].
58.	Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. §14043-14043a-3 and 42 U.S.C. §13701 note) was repealed.
59.	Grants to Support Families in the Justice System is codified under 42 U.S.C. §10420. For authorization and appropriation information, see Table A-2.
60.	Subtitle L of the Violence Against Women Act of 1994 was amended by striking Sections 41201 through 41204 (42 U.S.C. §14043c through §14043c-3) and inserting Section 41201 (42 U.S.C. §14043c). Access to Justice for Youth and Grants for Training and Collaboration on the Intersection Between Domestic Violence and Child Maltreatment were eliminated; these two programs had never received appropriations.
61.	CHOOSE Children & Youth is codified under 42 U.S.C. §14043c. For authorization and appropriation information, see Table A-2.
62.	Sections 41304 and 41305 (42 U.S.C. §14043d-3 and §14043d-4) of the Violence Against Women Act of 1994 and Section 403 (42 U.S.C. §14045c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 were repealed. Two previously unfunded programs, the Development of Curricula and Pilot Programs for Home Visitation Projects (42 U.S.C. §14043d-3) and Public Awareness Campaign (42 U.S.C. §14045c), were eliminated.
63.	SMART Prevention is codified under 42 U.S.C. §14043d-2. For authorization and appropriation information, see Table A-2.
64.	Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C. §13973) and Section 758 of the Public Health Service Act (42 U.S.C. §294H) were repealed.
65.	Grants to Strengthen the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking is codified under 42 U.S.C. §280-4. For authorization and appropriation information, see Table A-2.
66.	For example, VAWA 2013 allows sharing of law enforcement-generated and prosecution-generated information necessary for law enforcement or prosecution.
67.	These certification requirements are listed under 42 U.S.C. §3796-6(d).
68.	It defined a population specific organization as a "nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population." It defined population specific services as "victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population."
69.	42 U.S.C. §13925 had defined underserved populations as "populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate."
70.	18 U.S.C. §2261A.
71.	42 U.S.C. §13925(a)(25).
72.	The areas of conferral include (1) the administration of grants, (2) unmet needs, (3) promising practices in the field, and (4) emerging trends. After the conferral with grantees, OVW is required to publish a comprehensive report that summarizes the issues presented and what, if any, policies it intends to implement to address those issues.
73.	42 U.S.C. §14135.
74.	The Debbie Smith DNA Backlog Grant Program provides grants to state and local governments for five major purposes: (1) conducting analyses of DNA samples collected under applicable legal authority for inclusion in the NDIS, (2) conducting analyses of forensic DNA samples for inclusion in the NDIS, (3) increasing the capacity of state and local laboratories to carry out DNA analyses, (4) collecting DNA samples from people required to submit them and forensic samples from crimes, and (5) ensuring that analyses of forensic DNA samples are carried out in a timely manner. For more information on Debbie Smith grants, see CRS Report R41800, DNA Testing in Criminal Justice: Background, Current Law, and Grants, by [author name scrubbed].
75.	The Combined DNA Index System (CODIS) searches three indexes (convicted offenders, arrestee, and forensic) to generate investigative leads. The convicted offender index contains DNA profiles developed from samples collected from convicted offenders; the arrestee index contains DNA profiles developed from samples collected from arrested but not yet convicted individuals; and the forensic index contains DNA profiles developed from samples collected at crime scenes. CODIS searches across these indexes to look for potential matches. For more information, see U.S. Department of Justice, DNA Initiative: DNA Databases, http://www.dna.gov/dna-databases/levels.
76.	For more information regarding the Trafficking Victims Protection Act of 2000 and trafficking in persons, see CRS Report RL34317, Trafficking in Persons: U.S. Policy and Issues for Congress, by [author name scrubbed] and [author name scrubbed].
77.	In VAWA 2013, several VAWA grant programs (42 U.S.C. 14043c through 14043c–3) were consolidated into one youth oriented program known as the Creating Hope through Outreach, Options, Services, and Education for Children and Youth.
78.	Under 22 U.S.C. §7102, "severe forms of trafficking in persons" means (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
79.	These provisions do not apply to Indian tribes in the state of Alaska, with the exception of two Indian tribes.
80.	Prior to VAWA 2013, tribes did not have criminal jurisdiction over non-Indians (Oliphant v. Suquamish Indian Tribe, 435 U.S. (191, 210 1978). For additional information, see CRS Report R42488, Tribal Criminal Jurisdiction over Non-Indians in S. 47 and H.R. 11, the Violence Against Women Reauthorization Act of 2013, by [author name scrubbed] and [author name scrubbed].
81.	The INA includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions, initially enacted by Congress with the Immigration Act of 1990 and the VAWA of 1994, afford benefits to abused foreign nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen or LPR relatives who originally sponsored them. Congress reauthorized VAWA with the Battered Immigrant Women Protection Act of 2000, which also created the U visa for foreign national victims of a range of crimes—including domestic abuse—who assisted law enforcement. VAWA 2005 added protections and expanded eligibility for abused foreign nationals.
82.	For additional information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA), by [author name scrubbed].
83.	For more information regarding Section 8 housing programs, see CRS Report RL32284, An Overview of the Section 8 Housing Programs: Housing Choice Vouchers and Project-Based Rental Assistance, by [author name scrubbed].
84.	20 U.S.C. 1092(f).
85.	Prior to VAWA 2013, 20 U.S.C. 1092(f)(F) stated the following: "Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available—(i) of the following criminal offenses reported to campus security authorities or local police agencies: (I) murder; (II) sex offenses, forcible or nonforcible; (III) robbery; (IV) aggravated assault; (V) burglary; (VI) motor vehicle theft; (VII) manslaughter; (VIII) arson; and (IX) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and (ii) of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, which data shall be collected and reported according to category of prejudice."
86.	18 U.S.C. §113.
87.	One VAWA program was authorized to receive funding over a two-year period. VAWA 2013 reauthorized appropriations for the study of violence against Indian women for FY2014-FY2015.