Violence Against Women Act: History and Federal Funding

This report provides a brief legislative history of Violence Against Women Act (VAWA) and an overview of the crimes addressed through VAWA. The report concludes with a brief description of the most recent reauthorization of VAWA.

Violence Against Women Act: History and Federal Funding Garrine P. Laney Analyst in Social Policy February 26, 2010 Congressional Research Service 7-5700 www.crs.gov RL30871 CRS Report for Congress Prepared for Members and Committees of Congress Violence Against Women Act: History and Federal Funding Summary The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) (P.L. 109-162) was enacted on January 5, 2006. Among other things, VAWA 2005 reauthorized existing VAWA programs and created many new programs. The act encourages collaboration among law enforcement, judicial personnel, and public and private service providers to victims of domestic and sexual violence; increases public awareness of domestic violence; addresses the special needs of victims of domestic and sexual violence, including the elderly, disabled, children, youth, and individuals of ethnic and racial communities; authorizes long-term and transitional housing for victims; makes some provisions gender-neutral; and requires studies and reports on the effectiveness of approaches used for certain grants in combating violence. VAWA programs are funded through annual appropriations for both the Departments of Justice (DOJ) and Health and Human Services (HHS). President Barack Obama released his FY2011 budget on February 2, 2011, requesting funding of $649.36 million for violence against women programs. For programs administered by DOJ, the President requests $457.00 million, of which $187.50 million is for Services-Training-Officers-Prosecutors (STOP) formula grants and $25.00 million is for Transitional Housing Assistance grants. The FY2011 funding request for programs administered by HHS is $192.36 million, of which $140.00 million is for Family Violence Prevention/Grants for Battered Women’s Shelters and $5.00 million is for the National Domestic Violence Hotline. The Obama Administration requests FY2011 funding of $500,000 each for two new efforts to address sexual and domestic violence and stalking in Indian Country: (1) Indian Country—Sexual Assault Clearinghouse and (2) Indian Country—Regional Summits. On December 16, 2009, the Consolidated Appropriations Act, 2010 (P.L. 111-117; H.R. 3288) was enacted, providing total FY2010 funding of $625.91 million for violence against women programs, of which $444.50 million is for VAWA programs administered by DOJ and $181.41 million is for domestic violence programs under the Department of Health and Human Services. The original VAWA, enacted in 1994 as Title IV of the Violent Crime Control and Law Enforcement Act (P.L. 103-322), established within DOJ and HHS formula and discretionary grant programs for state, local, and Indian tribal governments. The Violence Against Women Act of 2000 (VAWA 2000; P.L. 106-386), reauthorized many VAWA programs, set new funding levels, and created new grant programs to address sexual assaults on campuses and assist victims of domestic abuse. The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) and the PROTECT Act (P.L. 108-21) authorized funding of both HHS and DOJ transitional housing assistance programs for victims of domestic violence. This report will be updated to reflect legislative activity. Congressional Research Service Violence Against Women Act: History and Federal Funding Contents Recent Developments..................................................................................................................1 History of the Violence Against Women Act ................................................................................1 The Family Violence Prevention Services Act .......................................................................1 Violence Against Women Act ................................................................................................1 Changes in Federal Criminal Law .........................................................................................2 Reauthorization of VAWA in the 109th Congress ..........................................................................3 Funding for Violence Against Women Programs..........................................................................3 FY2011.................................................................................................................................3 FY2010.................................................................................................................................4 FY2009.................................................................................................................................4 American Recovery and Reinvestment Act......................................................................5 VAWA Historical Funding (Covering FY2001-FY2008) ........................................................5 FY2008...........................................................................................................................5 FY2007...........................................................................................................................6 FY2006...........................................................................................................................7 FY2005...........................................................................................................................7 FY2004...........................................................................................................................8 FY2003...........................................................................................................................8 FY2002...........................................................................................................................8 FY2001...........................................................................................................................9 Tables Table 1. Funding for Violence Against Women Programs, FY2009-FY2010 .............................. 10 Table 2. FY2011 Authorizations and Budget Request for Violence Against Women Programs........................................................................................ 16 Contacts Author Contact Information ...................................................................................................... 20 Congressional Research Service Violence Against Women Act: History and Federal Funding Recent Developments President Barack Obama’s FY2011 budget request is $649.36 million for violence against women programs, of which $457.00 million is for programs administered by the Department of Justice (DOJ) and $192.36 million is for programs administered by the Department of Health and Human Services (HHS). (For further details on the funding of violence against women programs, see the section later in this report on “Funding for Violence Against Women Programs.”) On December 16, 2009, the President signed into law the Consolidated Appropriations Act, 2010 (P.L. 111-117; H.R. 3288), providing total FY2010 funding of $625.91 million for violence against women programs, of which $444.50 million is for VAWA programs administered by DOJ and $181.41 million is for domestic violence programs under the Department of Health and Human Services. The act provides $210.00 million for the STOP grant program and $130.05 million for family violence/battered women’s shelters. History of the Violence Against Women Act While violence against women was identified as a serious problem in the 1970s, legislation proposing a federal response to such violence was first introduced in the 1980s. Congressional action to address gender-related violence culminated in the enactment of two major laws—The Family Violence Prevention and Services Act1 (FVPSA) and the Violence Against Women Act (VAWA), which is Title IV of the Violent Crime Control and Law Enforcement Act of 1994.2 While appropriations for programs of both of these acts are included in this report, the focus of the discussion is VAWA. The Family Violence Prevention Services Act Enacted in 1984, the FVPSA assists states in preventing incidents of family violence and provides shelter and related assistance to victims of family violence and their dependents. The act authorizes programs that provide technical assistance and training on family violence to states, local public agencies, nonprofit private organizations, and others.3 Violence Against Women Act The Violence Against Women Act, originally enacted in 1994 as Title IV of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322), emphasizes funding of enforcement efforts as well as educational and social programs to prevent crime. The focus of the funding is on local government programs, an approach that the sponsors of the legislation believed was the most promising technique for reducing crime and violence. The largest funded VAWA program, the Services-Training-Officers-Prosecutors (STOP) formula grants, is to help state governments, Indian tribal governments, and units of local government strengthen law enforcement, 1 P.L. 98-457; 42 U.S.C. § 10401 P.L. 103-322; 42 U.S.C. § 13701 3 For a fuller discussion of the Family Violence Prevention and Services Act, see CRS Report R40473, Family Violence Prevention and Services Act: Programs and Funding, by Garrine P. Laney. 2 Congressional Research Service 1 Violence Against Women Act: History and Federal Funding prosecution, and victims’ services in cases involving violent crimes against women. These STOP 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. VAWA funding for FY1995 through FY2000 was authorized through the Violent Crime Reduction Trust Fund (VCRTF), created under Title XXXI of P.L. 103-322. Authorization for VCRTF expired at the end of FY2000. Nonetheless, most of the programs in VAWA received appropriations for FY2001.4 On October 28, 2000, President William J. Clinton signed into law the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386), of which Division B is the Violence Against Women Act of 2000 (VAWA 2000). The Violence Against Women Act of 2000 continued to support VAWA by reauthorizing existing programs and adding 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 legislation 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 a battered immigrant woman to leave the abuser and to help prosecute him. Under the old law, battered immigrant women could be deported if they left 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.5 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. Provisions of the original VAWA allowed rape victims to demand that their alleged assailants be tested for HIV, the virus that is generally believed to cause AIDS. A federal judge can 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 4 For detailed information on the grant programs, the application process, and grant programs in each state, please consult the Department of Justice’s Office on Violence Against Women, at http://www.usdoj.gov/ovw/ ovwgrantprograms.htm. 5 See RL30559, Immigration: Noncitizen Victims of Family Violence, by Andorra Bruno and Alison Siskin. Congressional Research Service 2 Violence Against Women Act: History and Federal Funding 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 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.6 Reauthorization of VAWA in the 109th Congress7 On January 5, 2006, President George W. Bush signed into law the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005, P.L. 109-162). VAWA 2005 reauthorizes many existing programs for FY2007 through FY2011, and authorizes a number of new programs for victims of domestic and dating violence, sexual assault, and stalking. The act emphasizes collaboration among law enforcement, health and housing professionals, and women, men, and youth alliances, and encourages community initiatives to address these issues. New programs seek to focus on young victims of violence; improve the health care system’s response to violence; inform the public and employers about domestic and dating violence, sexual assault, and stalking; protect the privacy of victims of violence; provide housing assistance, including public housing, for battered women and children; and support outreach efforts to underserved populations such as ethnic, immigrant, and racial populations. In an effort to more closely monitor the status and performance of some of these programs, VAWA 2005 provides for some grant recipients to submit reports on policies and procedures they followed. The act also provides funding for studies and research on effective interventions that prevent both acts and effects of domestic and dating violence, sexual assault, and stalking. Funding for Violence Against Women Programs FY2011 President Obama’s FY2011 budget request for violence against women programs is $649.36 million, of which $457.00 million is for programs administered by DOJ and $192.36 million is for programs administered by HHS. The President requests $187.50 million for the DOJ STOP grant program, compared to FY2010 appropriations of $210.00 million. This is a net decrease for STOP grants of $1.50 million, when one considers that in FY2010 both the transitional housing assistance program and the National Institute for Justice (NIJ) were funded as set-asides under the 6 P.L. 106-386, Section 1107. Provisions of VAWA legislation related to immigrant victims of violence (Title VIII) are not addressed in this report. For information on these provisions, contact Andorra Bruno (7-7865) or Alison Siskin (7-0260). In addition, Title XI of the legislation is the Department of Justice Reauthorization Act; see CRS Report RL33111, Department of Justice Reauthorization: Provisions to Improve Program Management, Compliance, and Evaluation of Justice Assistance Grants, by Nathan James. 7 Congressional Research Service 3 Violence Against Women Act: History and Federal Funding STOP grant program at $18.00 million and $3.00 million, respectively. For FY2011 funding, the President requests separate line-items of $25.00 million for DOJ’s transitional housing assistance program and $3.00 million for NIJ to conduct research on violence against Indian women. For programs administered by HHS, the budget request is $130.05 million for the Family Violence Prevention/Battered Women’s Shelters program, compared to FY2010 appropriations of $127.78 million for the program. For the National Domestic Violence Hotline, the FY2011 request is $3.21 million, a slight increase above the FY2010 funding level. (See Table 2 for FY2011 budget requests for violence against women programs.) The President requests FY2011 funding of $500,000 each for two new efforts to address sexual and domestic violence in Indian Country: (1) Indian Country—Sexual Assault Clearinghouse and (2) Indian Country—Regional Summits. The Sexual Assault Clearinghouse is created to offer a one-stop shop where tribes, at their request, could receive free onsite training and technical assistance, which would enable the community to respond to events, treat victims, and promote awareness of sexual assault. The Administration expects that eventually the clearinghouse would track emerging trends in the field and assist in developing a global perspective on sexual assault in Indian country. The regional summits would provide training on prosecuting federal cases of sexual and domestic violence and stalking in Indian country and improve collaboration among those federal and tribal entities that are charged with enhancing the safety of Indian women. FY2010 On December 16, 2009, the Consolidated Appropriations Act, 2010 (P.L. 111-117; H.R. 3288) was enacted, providing total FY2010 funding of $625.91 million for violence against women programs, of which $444.50 million is for VAWA programs administered by DOJ. Appropriations for the DOJ STOP grant program are $210.00 million. For domestic violence programs under the Department of Health and Human Services, the act provides $181.41 million in funding, as follows: $3.21 million for the National Domestic Violence Hotline, $130.05 million for the Battered Women’s Shelters program, $42.62 million for Rape Prevention programs, and $5.53 million for Community Initiative programs on Domestic Violence. (See Table 1.) Actual appropriations for violence against women programs have tended to be less than the amounts authorized in the law. For each of FY2007 through FY2010, the authorized funding level for violence against women programs is as follows: $1,005.00 million for FY2007, $1,003.00 million for FY2008, $793.50 million for FY2009, and $793.50 million for FY2010. FY2009 On March 11, 2009, the Omnibus Appropriations Act for FY2009 (P.L. 111-8) was enacted, providing a total of $595.31 million for violence against women programs, of which $415.00 million and $180.31 million were for programs administered by DOJ and HHS, respectively. For DOJ administered programs, the act provided $190.00 million for STOP grants, which included set-asides of $18.00 million for transitional housing assistance, $1.88 million for the National Institute of Justice, and $0.40 million for the Native Alaskan Liaison Office. For HHS programs, the act provided $128.00 million for Grants for Battered Women’s Shelters and $3.00 million for the National Domestic Violence Hotline programs. Congressional Research Service 4 Violence Against Women Act: History and Federal Funding For FY2009 (as for FY2008, see below), President George W. Bush proposed to consolidate formula and discretionary VAWA programs administered by the Office on Violence Against Women (OVW) and certain victims of child abuse programs that are currently administered by the Office of Justice Programs (OJP). The Administration stated that by consolidating VAWA programs in this way, it would eliminate formulas and earmarks and create one flexible, competitive discretionary grant program, called the Prevention and Prosecution of Violence Against Women and Related Victim Services Program. In addition, the Bush Administration stated that through a single application, grantees would be able to request funding for any of the current programs, which would be listed as eligible purposes under this new consolidated program. President Bush requested $280.00 million for this consolidated program. Senate Appropriations Committee report language rejected the President’s proposal to consolidate VAWA programs, stating that it ignored congressional intent to meet the needs of youth, native women, communities of color, and victims of sexual violence, and to encourage collaborations among these distinct groups in addressing various aspects of domestic and sexual violence, and thereby strengthen intervention and prevention responses to victims, families, and communities. American Recovery and Reinvestment Act Enacted on February 17, 2009, the American Recovery and Reinvestment Act (P.L. 111-5) provided additional FY2009 funding of $225.00 million for the Office on Violence Against Women, of which $175.00 million was for STOP grants and $50.00 million was for the transitional housing assistance program. VAWA Historical Funding (Covering FY2001-FY2008) FY2008 President George W. Bush signed the Consolidated Appropriations Act for FY2008 (P.L. 110-161) on December 26, 2007, which provided total funding of $572.47 million for violence against women programs administered by DOJ and HHS. As established by VAWA 2005, the FY2008 authorization level for VAWA programs and studies administered by the Department of Justice (DOJ) was $683.00 million; total FY2008 authorization for programs administered by HHS was $320.00 million. The President’s FY2008 total budget request for VAWA programs was $546.28 million ($370.00 million and $176.28 million for programs administered by DOJ and HHS, respectively). President Bush’s FY2008 request included $2.97 million for the domestic violence hotline and $124.73 million for battered women’s shelters, two programs administered by HHS. According to the Centers for Disease Control and Prevention (CDC), the President’s FY2008 budget request also included funding for two violence against women initiatives that did not receive a specific line item in the Administration’s budget. DOJ Funding The Consolidated Appropriations Act for FY2008 provided $400.00 million for VAWA programs administered by DOJ. The act provided funding for several newly authorized programs by VAWA 2005. Programs such as services for children and youth exposed to violence, engaging men and youth in preventing domestic, dating and sexual violence and stalking, and services to advocate Congressional Research Service 5 Violence Against Women Act: History and Federal Funding for and respond to youth victims of violence received funding of $2.82 million each, while research relating to violence against Indian women and the national tribal sex offender registry received $0.94 million each. The court training and improvements to respond to victims of violence and the sexual assault services programs, which were not funded in FY2007, received FY2008 funding of $2.82 million and $9.40 million, respectively. For FY2008, funding for some programs decreased slightly, including grants to encourage arrest policies, legal assistance for victims improvements, and sex offender management. Proposal to Consolidate VAWA Programs In its FY2008 budget request, the DOJ proposed to consolidate VAWA programs administered by the Office on Violence Against Women (OVW) into one flexible, competitive discretionary grant program, including three programs (Stalking Databases, Comprehensive Approaches to Sexual Offender Management, and Sexual Assault Services) that are currently administered by the Office of Justice Programs. In the DOJ budget justification language and on March 29, 2007 at a hearing of the House Appropriations Subcommittee on Commerce-Justice-Science, DOJ stated that its consolidation proposal would reduce the time grantees spent in applying for grants, eliminate earmarks and formulas, and allow multiple domestic violence and sexual assault needs to be addressed and dictated based on local conditions. Both the House and Senate Appropriations Committees, however, rejected this proposal. Senate report language (S. 1745; S.Rept. 110-124) stated that VAWA programs are designed to meet specific needs and to support collaboration among distinct groups to enable them to use their expertise and resources in addressing different aspects of domestic and sexual violence. These VAWA programs have many specific requirements and protections to ensure that a collaborative effort with law enforcement, child protective services, health care, etc. is effective and remains confidential, and that the safety of victims is maintained. According to the Senate Appropriations Committee report, under the DOJ proposal, programs would have ceased to operate as Congress intended, would have been less successful, and could have disadvantaged certain applicants for VAWA funds, such as those in rural areas. HHS Funding The Consolidated Appropriations Act for FY2008 provided for a spending cut of 1.747% for programs funded in the Labor-HHS-Education division of the act. Funding of $172.47 million for violence against women programs administered by HHS reflects this spending cut. For FY2008, the battered women’s shelters program received $122.55 million, while the national domestic violence hotline received $2.92 million. FY2008 funding levels for these two program were slightly below the FY2007 appropriations. Two programs administered by the Centers for Disease Control and Prevention—the rape prevention and education grant and community initiative programs on domestic violence—were funded at $42.00 million and $5.00 million, respectively. FY2007 Total FY2007 funding of $558.92 million for VAWA programs was provided by the Revised Continuing Appropriations Resolution (P.L. 110-5), which was enacted on February 15, 2007. This resolution provided FY2007 appropriations of $382.57 million for violence against women programs administered by DOJ and $176.35 million for programs administered by HHS, of which Congressional Research Service 6 Violence Against Women Act: History and Federal Funding $124.73 million was for battered women’s shelters and $2.97 million was for the domestic violence hotline. For FY2007, President George W. Bush requested $543.32 million for violence against women programs, of which $366.12 million and $177.20 million was for programs administered by DOJ and HHS, respectively. The Administration requested $172.99 million for STOP grants, of which $2.48 million was for the National Institute of Justice for research and evaluation of violence against women and $14.86 million was for transitional housing assistance grants; the President did not request funding for the Safe Start Program (Office of Juvenile Justice and Delinquency Prevention) which was authorized at $10.00 million. The President’s request for HHSadministered programs included $125.00 million for battered women’s shelters and $3.00 million for the domestic violence hotline. FY2006 Total FY2006 appropriations for violence against women programs were $564.57 million, of which $388.07 million was for programs administered by DOJ and $176.50 million was for programs administered by HHS. (Total amounts for programs administered by both DOJ and HHS reflected the across-the-board rescission reductions of 1% for FY2006 discretionary appropriations.) For FY2006, President George W. Bush requested a total of $515.00 million for violence against women programs, of which $386.00 million was for programs administered by DOJ and $129.00 million was for programs administered by HHS. On November 22, 2005, President Bush signed the Departments of State, Justice, and Commerce, and Related Agencies Appropriations Act, FY2006 (P.L. 109-108; H.R. 2862). FY2006 funding for STOP grants was $184.91 million. Transitional housing assistance was funded as a set-aside from STOP grants as in FY2005; however, the amount of the FY2006 set-aside was $15.00 million, compared with the FY2005 set-aside of $12.30 million. Some other violence against women programs also received small increases in funding for FY2006. On December 30, 2005, the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Labor-HHS-Ed Act) was enacted (P.L. 109-149; H.R. 3010). The Labor-HHS-Ed Act provided total FY2006 appropriations of $176.50 million for violence against women programs, including $124.73 million for the family violence/battered women’s shelters program and $2.97 million for the national domestic violence hotline. FY2005 On December 8, 2004, the Consolidated Appropriations Act, 2005 (P.L. 108-447) was enacted. The act provided $384.20 million in FY2005 funding for violence against women programs administered by DOJ. This amount included $185.00 million for the STOP grant program, of which $12.30 million was for transitional housing assistance grants for victims of domestic violence, stalking, or sexual assault. The act provided $179.50 million for programs administered by HHS, of which $126.65 million was for the battered women’s shelters program and $3.25 million was for the national domestic violence hotline. Total FY2005 funding for violence against women programs administered by DOJ and HHS was $563.70 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- Congressional Research Service 7 Violence Against Women Act: History and Federal Funding Justice-State discretionary appropriations for FY2005 that affected funding for violence against women programs administered by DOJ. Total authorized funding for violence against women programs for FY2002 was $626.80 million. For FY2005, President George W. Bush requested a total of $514.11 million for violence against women programs, compared to FY2005 authorization levels of $729.00 million. Of the requested funding, $385.50 million was for grants administered by the DOJ and $128.65 million was for programs administered by HHS. These violence against women programs addressed domestic violence and improved services for victims and their dependents. The Bush Administration requested $15.00 million for the transitional housing assistance programs as a set-aside under the VAWA STOP Formula Grant Program. FY2004 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 $517.00 million for violence against women programs. This compared to President Bush’s total request of $512.40 million for violence against women grant programs. For violence against women programs that were administered by DOJ, Congress provided $387.60 million. For domestic violence programs that were administered by HHS, the conference agreement provided $129.40 million, of which $126.40 million was for Grants for Battered Women’s Shelters and $3.00 million was for the National Domestic Violence Hotline. (Note: these amounts were subject to a 0.59% across-theboard rescission included in the act.) Congress also appropriated $15.00 million for the transitional housing assistance grants program as a separate line-item. Total authorized funding for violence against women programs for FY2002 was $627.30 million. FY2003 Total FY2003 funds appropriated for violence against women programs were $519.98 million: $390.17 million for Department of Justice programs and $129.81 million for HHS programs. President Bush requested a total of $520.00 million for violence against women programs, of which $390.00 million was for programs administered by DOJ and $127.00 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 grants for battered women’s shelters, administered by HHS, was $125.00 million, the same amount appropriated in FY2002. Authorized funding for this program in FY2003 was $175.00 million. Total authorized funding for violence against women programs for FY2003 was $627.30 million. FY2002 In FY2002, funding appropriated for violence against women programs totaled $517.22 million; violence against women programs administered by DOJ received a total of $390.60 million, while violence against women 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 $44.00 million for rape prevention and Education grants; however, these grants were Congressional Research Service 8 Violence Against Women Act: History and Federal Funding 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 $149.80 million for injury prevention grants. Total authorized funding for violence against women programs for FY2002 was $642.30 million. FY2001 For FY2001, the President requested $481.00 million and Congress appropriated $407.10 million for violence against women programs, however, funding for 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 Runaway Children Protection Act (P.L. 106-71) and received appropriations of $15.00 million, prior to the rescission, for FY2001. In addition, the Centers for Disease Control received $176.00 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. Total authorized funding for violence against women programs for FY2001 was $667.50 million. Congressional Research Service 9 Table 1. Funding for Violence Against Women Programs, FY2009-FY2010 ($ in millions) CRS-10 Program and Administrative Agency FY2009 Enacted FY2010 Authorization FY2010 Budget Request FY2010 Enacted STOP Grants Improvements (Sec. 101) (42 U.S.C. 3793(a)(18) (OVW) $190.00a $225.00 $190.00a $210.00b Transitional Housing Assistance Grants for Victims of Domestic Violence, Stalking, or Sexual Assault (Sec. 602) (42 U.S.C. 13975) (OVW) (18.00)a National Institute of Justice (for Research and Evaluation of Violence Against Women ) (1.88)a Grants to Encourage Arrest Policies (Sec. 102) (42 U.S.C. 3793(a)(19) (OVW) 60.00 Legal Assistance for Victims Improvements (Sec. 103) (42 U.S.C. 3796gg-6) (OVW) 40.00 (18.00)a (18.00)b (3.00)a (3.00)b 75.00 60.00 60.00 37.00 65.00 37.00 41.00 Court Training and Improvements to Respond to Victims of Violence (Sec. 105) (42 U.S.C. 14043) (OVW) 3.00 5.00 3.00 3.00 Privacy Protections for Victims of Domestic, Dating, and Sexual Violence, and Stalking (Sec. 107) (42 U.S.C. 14043b) (OVW) 0.00 5.00 0.00 0.00 Sex Offender Management (Probation and Parole Officers Training) (Sec. 1167) (42 U.S.C. 13941) (OJP) 3.50 5.00 3.50 3.50 National Stalker and Domestic Violence Reduction Grants (Stalking Databases) (Sec. 109) (42 U.S.C. 14032) (OVW) 3.00 3.00 3.00 3.00 Program and Administrative Agency CRS-11 FY2009 Enacted FY2010 Authorization FY2010 Budget Request FY2010 Enacted Federal Victims Assistants (Sec. 110) 119 Stat. 2984 (USA) 0.00 1.00 0.00 0.00 Grants for Law Enforcement Training (Sec. 111) (42 U.S.C. 14044f)c 0.00 10.00 0.00 0.00 Court Appointed Special Advocates for Victims of Child Abuse (Sec.112) (42 U.S.C. 13011) (OJP) 15.00 12.00 15.00 15.00 Grants for Outreach to Underserved Populations (Sec. 120) (42 U.S.C.14045) (OVW) 0.00 2.00 0.00 0.00 Sexual Assault Services Program (Sec. 202) (42 U.S.C. 3796gg-9) (OJP) 12.00 50.00 12.00 15.00 Rural Domestic Violence and Child Abuse Enforcement (Sec. 203) (42 U.S.C. 13971) (OVW) 41.00 55.00 41.00 41.00 Grants to Decrease Violence Against Women with Disabilities (Sec. 204) (42 U.S.C. 3796gg-7) (OVW) 6.75 10.00 6.75 6.75 Training and Services to End Violence Against and Abuse of Women Later in Life (Sec. 205) (42 U.S.C. 14041a) (OVW) 4.25 10.00 4.25 4.25 Services to Advocate For and Respond to Youth Victims of Violence (Sec. 303) (42 U.S.C. 14043c) (OVW) 3.50 15.00 3.50 3.50 Access to Justice for Youth (Sec. 303) (42 U.S.C. 14043c-1) (OVW) 0.00 5.00 0.00 0.00 Combating Domestic, Dating, and Sexual Violence, and Stalking in Middle and High Schools (STEP) (Sec. 303) (42 U.S.C. 14043c-3) (OVW) 0.00 5.00 0.00 2.50 Program and Administrative Agency CRS-12 FY2009 Enacted FY2010 Authorization FY2010 Budget Request FY2010 Enacted Grants to Combat Violent Crimes on Campus (Sec. 304) (42 U.S.C. 14045b) (OVW) 9.50 15.00 9.50 9.50 Safe Havens for Children Pilot Program (Sec. 306) (42 U.S.C. 10420) (OVW) 14.00 20.00 14.00 14.00 Grants to Assist Children and Youth Exposed to Violence (Sec. 401) (42 U.S.C. 14043d-2) (OVW) 3.00 20.00 3.00 3.00 Development of Curricula and Pilot Programs for Home Visitation Projects (Sec. 401) (42 U.S.C. 14043d-3) (OVW) 0.00 7.00 0.00 0.00 Engaging Men and Youth in Preventing Domestic, Dating, and Sexual Violence, and Stalking (Sec. 401) (42 U.S.C. 14043d-4) (OVW) 3.00 10.00 3.00 3.00 Public Awareness Campaign (Sec. 403) (42 U.S.C. 14045c) (OVW) 0.00 0.00 0.00 Grants to Combat Violence Against Women in Public and Assisted Housing (Sec. 601) (42 U.S.C. 14043e-4) (OVW) 0.00 10.00 0.00 0.00 Grants for National Resource Center on Workplace Responses to Assist Victims of Domestic and Sexual Violence (Sec. 701) (42 U.S.C. 14043f) (OVW) 1.00 1.00 1.00 1.00 Analysis and Research on Violence Against Indian Women Baseline Study (Sec. 904(a)) (42 U.S.C. 3796gg-10 note) (NIJ) 1.00 1.00 1.00 1.00 d Program and Administrative Agency FY2010 Authorization FY2010 Budget Request FY2010 Enacted Tracking of Violence Against Indian Women—Access to Federal Criminal Information Databases (Sec. 905a) (OVW) / National Tribal Sex Offender Registry (Sec. 905b) (OJP)(28 U.S.C. 534(a)) 1.00 1.00e 1.00 1.00 Training for Judicial Personnel and Practitioners for Victims of Child Abuse (42 U.S.C. 13024) (OJP) 2.50 0.00 2.50 2.50 Grants for Televised Testimony by Victims of Child Abuse (42 U.S.C. 3793(a) (OJP) 1.00 1.00 1.00 Subtotal: Department of Justice f $415.00 $683.00 $415.00 $444.50 Training and Collaboration on Intersection of Domestic Violence and Child Maltreatment (Sec. 303) (42 U.S.C. 14043c-2) (FYSB) 0.00 5.00 0.00 0.00 National Domestic Violence Hotline (Sec. 411) (ACF)g 3.00 h 3.21 3.21 127.78 i 127.78 130.05 0.00 j 0.00 0.00 42.62 42.62 Grants for Battered Women’s Shelters (Sec. 406) (ACF)g Transitional Housing for Victims of Domestic Violence (Sec. 414) (ACF) Rape Prevention and Education Grants (Sec. 302) (CDC) CRS-13 FY2009 Enacted 42.52 80.00 Community Initiative Programs on Domestic Violence (Sec. 413) (CDC) 5.51 k 5.56 5.53 Prevention of Violence Study (Sec. 402) (42 U.S.C. 280b-4) (CDC) 0.00 2.00 0.00 0.00 Training and Education of Health Professionals on Domestic and Sexual Violence (Sec. 503) (42 U.S.C. 294h) (HRSA) 0.75 3.00 0.00 0.00 Program and Administrative Agency FY2009 Enacted FY2010 Authorization FY2010 Budget Request FY2010 Enacted Grants to Foster Public Health Responses to Domestic, Dating, and Sexual Violence, and Stalking (Sec. 504) (42 U.S.C. 280g-4) (CDC) 0.75 5.00 0.00 0.00 Research on Effective Interventions in the Healthcare Setting (Sec. 505) (42 U.S.C. 13973) (CDC) 0.00 5.00 0.00 0.00 Collaborative Grants to Increase the Long-Term Stability of Victims (Sec. 601) (42 U.S.C. 14043e-3) (ACF) 0.00 10.00 0.00 0.00 Native Americans Injury Study (Sec. 904(b)) (IHS) 0.00 0.50 0.00 0.00 Subtotal: Department of Health and Human Services $180.31 $110.50 179.18 $181.41 Grand Total $595.31 $793.50 $594.17 $625.91 Sources: For FY2010 budget request, see Budget of the United States Government: Appendix under named agencies. On December 16, 2009, the Consolidated Appropriations Act, 2010 was enacted (P.L. 111-117; H.R. 3288). The Omnibus Appropriations Act for FY2009 (P.L. 111-8), which includes appropriations for the Departments of Commerce, Justice and Education and Labor, Health and Human Services, and Education, became law on March 11, 2009. The American Recovery and Reinvestment Act (P.L. 111-5) became law on February 17, 2009. The Violence Against Women Act, 2005 (P.L. 109-162), became law on January 5, 2006. Abbreviations: In DOJ: USA: United States Attorneys; OJP: Office of Justice Programs; OVW: Office on Violence Against Women; STEP: Supporting Teens Through Education and Protection Act. In HHS: ACF: Administration for Children and Families; CDC: Centers for Disease Control and Prevention; FYSB: Family and Youth Services Bureau; HRSA: Health, Resources and Services Administration; IHS: Indian Health Service. Notes: (1) For FY2009, the American Recovery and Reinvestment Act provides $225 million in funding for the Office on Violence Against Women, of which $175 million is for STOP grants and $50 million is for the transitional housing assistance for victims of domestic violence program. (2) Section numbers refer to the Violence Against Women Act, P.L. 109-162, unless otherwise indicated. Totals may not add due to rounding. a. The Omnibus Appropriations Act for FY2009 provided $190 million for STOP grants, which included set-asides of $1.88 million for the National Institute of Justice (NIJ), $18 million for the transitional housing assistance program, and $0.40 million for the Native Alaskan Liaison Office. For FY2010, the President’s budget request was $190 million for STOP grants, which included set-asides of $3 million for NIJ, $18 million for transitional housing assistance, and $10 million for the Safe Start program. b. The Consolidated Appropriations Act, 2010 provides $210 million for STOP grants, which includes set-asides of $18 million for transitional housing assistance grants and $3 million for the National Institute of Justice for Research and Evaluation of Violence Against Women. c. DOJ has yet to determine the administering office for this program. CRS-14 d. VAWA 2005 authorized “such sums as may be necessary” for the Public Awareness Campaign. e. VAWA 2005 authorizes total funding of $1 million for Section 905, Tracking of Violence Against Indian Women, which includes two programs—access to federal criminal information databases and the national tribal sex offender registry. f. VAWA 2005 did not reauthorize this program. g. This section number is from the Keeping Children and Families Safe Act (P.L. 108-36), which amends the Family Violence Prevention and Services Act. h. Authorization for the National Domestic Violence Hotline expired in FY2008. Under provisions of the Keeping Children and Families Safe Act, the National Domestic Violence Hotline was reauthorized at $3.5 million for each of FY2004 through FY2008. The National Domestic Violence Hotline was originally authorized under the Family Violence Prevention and Services Act (FVPSA). Introduced on November 19, 2009, H.R. 4116, the FVPSA [Family Violence Prevention and Services Act] Reauthorization Act of 2009 would reauthorize this program for each of FY2010 through FY2014. i. Authorization for the Grants for Battered Women’s Shelters program expired in FY2008. 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 of FY2004 through FY2008. The FVPSA Reauthorization Act of 2009 would reauthorize this program for each of FY2010 through FY2014. j. Authorization for Transitional Housing for Victims of Domestic Violence, administered by HHS, expired after FY2008. This HHS program never received appropriations. k. Authorization for Community Initiative Programs on Domestic Violence expired after FY2008. The Keeping Children and Families Safe Act of 2003 reauthorized the Community Initiative Program at $6 million for each of FY2004 through FY2008. The FVPSA Reauthorization Act of 2009 would reauthorize this program for each of FY2010 through FY2014. CRS-15 Violence Against Women Act: History and Federal Funding Table 2. FY2011 Authorizations and Budget Request for Violence Against Women Programs (in millions) Program and Administrative Agency FY2011 Authorization FY2011 Budget Request $225.00 $187.50 Transitional Housing Assistance Grants for Victims of Domestic Violence, Stalking, or Sexual Assault (Sec. 602) (42 U.S.C. 13975) (OVW) 40.00 25.00 Grants To Encourage Arrest Policies (Sec. 102) (42 U.S.C. 3793(a)(19) (OVW) 75.00 47.50 Legal Assistance for Victims Improvements (Sec. 103) (42 U.S.C. 3796gg-6)(OVW) 65.00 50.00 Court Training and Improvements to Respond to Victims of Violence (Sec. 105) (42 U.S.C. 14043) (OVW) 5.00 4.00 Privacy Protections for Victims of Domestic, Dating, and Sexual Violence, and Stalking (Sec. 107) (42 U.S.C. 14043b) (OVW) 5.00 —m Sex Offender Management (Probation and Parole Officers Training) (Sec. 1167) (42 U.S.C. 13941) (OJP) 5.00 3.50 National Stalker and Domestic Violence Reduction Grants (Stalking Databases) (Sec. 109) (42 U.S.C. 14032) (OVW) 3.00 3.00 Federal Victims Assistance (Sec. 110) 119 Stat. 2984 (USA) 1.00 —m Grants for Law Enforcement Training (Sec. 111) (42 U.S.C. 140440)a 10.00 —m Court Appointed Special Advocates for Victims of Child Abuse (Sec. 112) (42 U.S.C. 13011) (OJP) 12.00 10.00 Grants for Outreach to Underserved Populations (Sec. 120) (42 U.S.C. 14045) (OVW) 2.00 —m Sexual Assault Services Program (Sec. 202) (42 U.S.C. 14043g) (OVW) 50.00 30.00 STOP Grants Improvements (Sec. 101) (42 U.S.C. 3793(A)(18) OVW Congressional Research Service 16 Violence Against Women Act: History and Federal Funding Program and Administrative Agency FY2011 Authorization FY2011 Budget Request Rural Domestic Violence and Child Abuse Enforcement (Sec. 203) (42 U.S.C. 13971) (OVW) 55.00 41.00 Grants to Decrease Violence Against Women with Disabilities (Sec. 204) (42 U.S.C. 3796gg-7) (OVW) 10.00 6.75 Training and Services to End Violence Against and Abuse of Women Later in Life (Sec. 205) (42 U.S.C. 14041a) (OVW) 10.00 4.25 Services to Advocate for and Respond to Youth Victims of Violence (Sec. 303) (42 U.S.C. 14043c) (OVW) 15.00 3.50 Access to Justice for Youth (Sec. 303) (42 U.S.C. 14043c-1) (OVW) 5.00 —m Combating Domestic, Dating, and Sexual Violence, and Stalking in Middle and High Schools [STEP] (Sec. 304) (42 U.S.C. 14043c-3) (OVW) 5.00 —m Grants to Combat Violent Crimes on Campus (Sec. 304) (42 U.S.C. 14045b) (OVW) 15.00 9.50 Safe Havens for Children Pilot Program (Sec. 306) (42 U.S.C. 10420) (OVW) 20.00 14.00 Grants to Assist Children and Youth Exposed to Violence (Sec. 401) (42 U.S.C. 14043d-2) (OVW) 20.00 3.00 Development of Curricula and Pilot Programs for Home Visitation Projects (Sec. 401) (42 U.S.C. 14043d-3) (OVW) 7.00 —m Engaging Men and Youth in Preventing Domestic, Dating, and Sexual Violence, and Stalking (Sec. 401) (42 U.S.C. 14043d-4) (OVW) 10.00 3.00 —b —m 10.00 —m Public Awareness Campaign Grants to Combat Violence Against Women in Public and Assisted Housing (Sec. 601) (42 U.S.C. 14043e-4) (OVW) Congressional Research Service 17 Violence Against Women Act: History and Federal Funding Program and Administrative Agency FY2011 Authorization FY2011 Budget Request Grants for National Resource Center on Workplace Responses to Assist Victims of Domestic and Sexual Violence (Sec. 701) (42 U.S.C. 14043f) (OVW) 1.00 1.00 Analysis and Research on Violence Against Indian Women Baseline Study (Sec. 904(a)) (42 U.S.C. 3796gg-10 note) (NIJ) —c 3.00 Tracking of Violence Against Indian Women—Access to Federal Criminal Information Databases (Sec. 905a) (OVW) / National Tribal Sex Offender Registry (Sec. 905b) (OJP) (28 U.S.C. 534(a)) 1.00 1.00 Research and Evaluation of Violence Against Women (NIJ) —d 3.00d Training for Judicial Personnel and Practitioners for Victims of Child Abuse (42 U.S.C. 13024) (OJP) —e 2.50 Grants for Televised Testimony by Victims of Child Abuse (42 U.S.C. 3793(a) (OJP) —f 0.00f Indian Country—Sexual Assault Clearinghouse g 0.50 Indian Country—Regional Summits h 0.50 $677.00 $457.00 5.00 —i National Domestic Violence Hotline (Sec. 411) (ACF) —j 5.00 Grants for Battered Women’s Shelters (Sec. 406) (ACF) —k 140.00 80.00 41.93 Community Initiative Programs on Domestic Violence (Sec. 413) (CDC) —l 5.43 Prevention of Violence Study (Sec. 402) (42 U.S.C. 280b-4) (CDC) 2.00 —m Subtotal: Department of Justice Grants for Training and Collaboration on Intersection of Domestic Violence and Child Maltreatment (Sec. 303) (42 U.S.C. 14043c-2) (FYSB) Rape Prevention and Education Grants (Sec. 302) (CDC) Congressional Research Service 18 Violence Against Women Act: History and Federal Funding Program and Administrative Agency FY2011 Authorization FY2011 Budget Request Training and Education of Health Professionals on Domestic and Sexual Violence (Sec. 503) ( 42 U.S.C. 294h) (HRSA) 3.00 —m Grants to Foster Public Health Responses to Domestic, Dating, and Sexual Violence, and Stalking (Sec. 504) (42 U.S.C. 280g-4) (CDC) 5.00 —m Research on Effective Interventions in the Healthcare Setting (Sec. 505) (42 U.S.C. 13973) (CDC) 5.00 —m 10.00 —m —n —m Collaborative Grants to Increase the Long-Term Stability of Victims (Sec. 601) (42 U.S.C. 14043e-3) (ACF) Native Americans Injury Study (Sec. 904) (IHS) Subtotal: Department of Health and Human Services Totals $110.00 $192.36 $787.00 $649.36 Sources: FY2011 Budget Request Documents and the Violence Against Women Act, 2005 (P.L. 109-162). Notes: Section numbers refer to the Violence Against Women Act, P.L. 109-162, unless otherwise indicated. Totals may not add due to rounding. a. DOJ has yet to determine the administering office for this program. b. VAWA 2005 authorized such sums as necessary only through FY2010. c. VAWA 2005 authorized this program at $1 million for each of FY2007 through FY2008. d. There is no authorization in VAWA 2005 for this research; however, it was funded in FY2010 as a set-aside of $3 million from the STOP grant program. For FY2011, the President requests $3 million for this research as a separate line-item. e. The authorization for training for Judicial Personnel expired at the end of FY2005. Congress, however, has continued to fund it. (The Victims of Trafficking and Violence Protection Act of 2000 had authorized this program for each of FY2001 through FY2005.) f. VAWA 2005 did not reauthorize Grants for Televised Testimony by Victims of Child Abuse. Congress, however, has continued to fund it. Grants for Televised Testimony is administered by DOJ’s Office of Justice Programs. President Obama did not request FY2011 funding for this grant program. g. The Obama Administration’s FY2011 budget request creates this clearinghouse effort. h. The Obama Administration’s FY2011 budget request creates the regional summits effort. i. No separate line-item funding indicated. j. Authorization for the National Domestic Violence Hotline expired in FY2008, but Congress has continued to fund it. Under provisions of the Keeping Children and Families Safe Act, the National Domestic Violence Hotline was reauthorized at $3.5 million for each of FY2004 through FY2008. The National Domestic Violence Hotline was originally authorized under the Family Violence Prevention and Services Act (FVPSA). Introduced on November 19, 2009, H.R. 4116, the FVPSA Reauthorization Act of 2009, would reauthorize this program for each of FY2010 through FY2014. Congressional Research Service 19 Violence Against Women Act: History and Federal Funding k. Authorization for the Grants for Battered Women’s Shelters expired in FY2008, but Congress has continued to fund it. Under provisions of the Keeping Children and Families Safe Act, the Grants for Battered Women’s Shelters was authorized at $175 million for each of FY2004 through FY2008. The Grants for Battered Women’s Shelters was originally authorized under FVPSA. The FVPSA Reauthorization Act of 2009 (H.R. 4116) would reauthorize this program for each of FY2010 through FY2014. l. Authorization for the Community Initiatives program expired in FY2008, but Congress has continued to fund it. Under provisions of the Keeping Children and Families Safe Act, the Community Initiatives Program on Domestic Violence was authorized at $6 million for each of FY2004 through FY2008. The FVPSA Reauthorization Act of 2009 (H.R. 4116) would reauthorize the program for each of FY2010 through FY2014. m. No line item was indicated in the FY2011 budget. n. VAWA 2005 authorized $500,000 to be appropriated for each of FY2007 and FY2008. Author Contact Information Garrine P. Laney Analyst in Social Policy glaney@crs.loc.gov, 7-2518 Congressional Research Service 20