Dating Violence
- Defines "dating violence" as violence committed by a person who is or has
been in a social relationship of a romantic or intimate nature with the
victim. The existence of such a relationship is determined by the following
factors: 1) length of the relationship; 2) type of relationship; and 3)
frequency of interaction between the persons involved.
- Adds "dating violence" to several of the purpose areas under the Grants to
Encourage Arrest Policies and Enforcement of Protection Orders Program, the
STOP (Services*Training*Officers* Prosecutors) Violence Against Women Formula
Grant Program, the Rural Domestic Violence and Child Victimization Enforcement
Grant Program, and the Grants to Reduce Violent Crimes Against Women on Campus
Program.
Grants to Indian Tribal Governments
- Increases the set aside for tribes from 4% to 5% under the Grants to
Combat Violent Crimes Against Women and creates a 5% set aside for tribes
under the Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program, the Rural Domestic Violence and Child Victimization
Enforcement Grant Program, the Legal Assistance for Victims Program and the
Safe Havens for Children (supervised visitation) Program.
Grants to Encourage Arrest Policies Program
- Reauthorizes the program at $65 million for fiscal years 2001-2005 and
changes the name of the program to the "Grants to Encourage Arrest Policies
and Enforcement of Protection Orders Program."
- Adds facilitating widespread enforcement of protection orders as a purpose
of the program and requires that priority be given to applicants that
demonstrate a commitment to strong enforcement of protection orders from other
states and jurisdictions, including tribal jurisdictions.
- Adds "probation and parole officers" to two purpose areas on coordination
and communication among police, prosecutors, and judges in domestic violence
cases.
- Allows funds to be used to develop and strengthen policies and training
for police, prosecutors, and the judiciary on domestic violence and sexual
assault against older individuals and individuals with disabilities.
- Clarifies that strengthening legal advocacy services for victims of
domestic violence under the program includes assistance to victims of domestic
violence in immigration matters.
- Requires grantees under the program (and under the STOP Violence Against
Women Formula Grant Program) to certify that their laws, practices, and
policies do not require victims to pay filing or service costs related to
criminal domestic violence cases or protection orders.
- Makes state and local courts eligible grantees under the program.
Full Faith and Credit
- Prohibits states and tribes from requiring notification (to the
perpetrator) of the registration of an out of state or tribal protection
order, unless the victim requests the notification.
- States that registration and/or filing cannot be a prerequisite for
enforcing out of state or tribal orders of protection.
- Clarifies that tribal courts have full civil jurisdiction to enforce
orders of protection.
Grants to Combat Violent Crimes Against Women (which include the STOP
Violence Against Women Formula Grant Program)
- Reauthorizes the program at $185 million for fiscal years 2001-2005.
- Establishes four new purposes for which funds may be used: 1) to support
statewide, coordinated community responses; 2) to train sexual assault
forensic medical personnel examiners; 3) to develop, enlarge, and strengthen
programs to assist law enforcement, prosecutors, courts and others to address
and recognize the needs and circumstances of older and disabled individuals
who are victims of domestic violence and sexual assault; and 4) to provide
assistance to victims of domestic violence and sexual assault in immigration
matters.
- Requires that 2.5% of funds be awarded to domestic violence coalitions and
that 2.5% be awarded to sexual assault coalitions, with 1/54 going to develop
and operate nonprofit tribal coalitions.
- Provides that state, local and tribal courts are eligible STOP
subgrantees.
- Redefines "underserved populations" to include geographic location, race
and ethnicity, language barriers, all disabilities, alienage status, age, and
any other population determined to be underserved by the state planning
process in consultation with the Attorney General.
- Allocates not less than 25% of STOP funds to police, 25% to prosecutors,
30% to victim services, and 5% to state and local courts.
Rural Domestic Violence and Child Victimization Enforcement Grants
- Reauthorizes the program at $40 million for fiscal years 2001-2005.
- Adds providing assistance to victims of domestic violence and child abuse
in immigration matters to the purpose area on counseling for victims.
National Stalker and Domestic Violence Reduction
- Reauthorizes the grants to improve processes for entering data regarding
stalking and domestic violence into local, state, and national crime
information databases at $3 million for fiscal years 2001-2005.
Amendments to Domestic Violence and Stalking Offenses
- Amends the interstate domestic violence and stalking offenses to clarify
the elements of these offenses and to improve effective prosecution of these
crimes.
- Expands the interstate stalking law to include interstate cyberstalking
and adds entering or leaving Indian country to the interstate stalking
offense.
Grants to Reduce Violent Crimes Against Women on Campus
- Reauthorizes the program at $10 million for fiscal years 2001-2005.
- Changes the definition of "victim services" to clarify that victim
services organizations at public universities are covered.
- Adds "including assistance to victims in immigration matters" to one of
the program's purpose areas.
Legal Assistance for Victims
- Authorizes the Attorney General to make grants to provide civil legal
assistance for victims of domestic violence, stalking, and sexual assault at
$40 million for fiscal years 2001-2005.
- Requires that a minimum of 25% of the funding be used to support projects
focused solely or primarily on providing legal assistance to victims of sexual
assault.
- Defines legal assistance to include family, immigration, administrative
agency, housing, protection orders, and "other similar matters."
- Includes private nonprofits, Indian tribal governments, and law school
clinics as eligible grantees.
- Requires grantees to certify that any person providing legal assistance
has completed or will complete training that was developed with a domestic
violence or sexual assault coalition or program and that the grantee's
policies do not require mediation or counseling of offenders and victims
together.
Shelter Services for Battered Women and Children
- Reauthorizes this program at $175 million for fiscal years 2001-2005.
Transitional Housing Assistance for Victims of Domestic Violence
- Creates a new grant program to be administered by the Department of Health
and Human Services authorized at $25 million for fiscal year 2001.
National Domestic Violence Hotline
- Reauthorizes the National Domestic Violence Hotline at $2 million for
fiscal years 2001-2005.
Studies Related to Violence Against Women
- Requires certain federal agencies to conduct national studies and report
to Congress on state laws regarding insurance discrimination against victims
of violence against women, on workplace responses to domestic violence, sexual
assault, and stalking, and on unemployment compensation for victims of
violence against women.
Elder Abuse, Neglect, and Exploitation, Including Domestic Violence and
Sexual Assault Against Older or Disabled Individuals
- Creates a new Department of Justice grant program to provide training for
law enforcement, prosecutors and courts on elder abuse, neglect, exploitation
and violence against individuals with disabilities, including domestic
violence and sexual assault against older or disabled individuals.
- Authorizes the program at $5 million for fiscal years 2001-2005.
Safe Havens for Children Pilot Program
- Creates a pilot program to make grants to states, units of local
government, and Indian tribal governments to work with nonprofit entities to
provide supervised visitation and safe visitation exchange of children in
domestic violence, child abuse, sexual assault, or stalking cases.
- Authorizes the program at $15 million for fiscal years 2001-2002.
Reauthorization of Victims of Child Abuse Programs
- Reauthorizes the Court Appointed Special Advocate Program at $12 million
for fiscal years 2001-2005.
- Reauthorizes the Child Abuse Training Programs for judicial personnel and
practitioners at $2.3 million for fiscal years 2001-2005.
- Reauthorizes the Grants for Televised Testimony at $1 million for fiscal
years 2001-2005.
Report on Effects of Parental Kidnaping Laws in Domestic Violence
Cases
- Requires a study and report to Congress on federal and state laws relating
to child custody, including recommendations to reduce violence against women
and sexual assault of children.
- Expands emergency jurisdiction under the Parental Kidnapping Prevention
Act to include domestic violence cases.
Rape Prevention and Education
- Reauthorizes and expands this Department of Health and Human Services
grant program at $80 million for fiscal years 2001-2005.
Education and Training to End Violence Against and Abuse of Women with
Disabilities
- Creates a new Department of Justice grant program to make grants to
states, units of local government, tribal governments, and nongovernmental
private entities to provide education and technical assistance on domestic
violence, stalking and sexual assault against women with disabilities.
Authorizes the program at $7.5 million for fiscal years 2001-2005.
Community Initiatives
- Reauthorizes this Department of Health and Human Services program at $6
million for fiscal years 2001-2005.
Development of Research Agenda Identified by the Violence Against Women
Act
- Requires the Attorney General to develop a research agenda based on the
recommendations contained in the National Academy of Sciences report
"Understanding Violence Against Women" and to report to Congress on the
agenda.
Standards, Practice and Training for Sexual Assault Forensic
Examinations
- Requires the Attorney General to evaluate existing standards and protocols
and develop and report to Congress on a national standard and protocol for
sexual assault forensic examinations.
Education and Training for Judges and Court Personnel
- Reauthorizes the State Justice Institute grants for training for state
judges and court personnel at $1.5 million for fiscal years 2001-2005. Expands
the training to include dating violence, domestic violence and child sexual
assault issues in custody and visitation cases.
- Authorizes $500,000 for fiscal years 2001-2005 to the Federal Judicial
Center for education and training programs on violence against women for
federal judges.
Domestic Violence Task Force
- Requires the Attorney General, in consultation with national programs
whose primary expertise is in domestic violence, to establish a task force to
coordinate federal research on domestic violence. Authorizes $500,000 for
fiscal years 2001-2004 for this purpose.
New Protections for Battered Immigrants
- Makes numerous improvements that expand battered immigrants' access to
immigration relief and remove abusers' ability to use immigration laws as a
tool of control over immigrant victims. For example, VAWA 2000:
- Allows a battered immigrant who was divorced from the abuser within the
previous two years to file for VAWA relief, provided that the divorce was
connected to the abuse.
- Authorizes the Attorney General to waive certain barriers to battered
immigrants' access to lawful permanent residence, including waivers for
certain crimes of domestic violence and other crimes connected to the abuse.
- Clarifies that battered immigrants' use of public benefits specifically
made available to VAWA self-petitioners under the welfare law does not make
them ineligible for their green cards on the ground that they are likely to
become a public charge.
- Allows VAWA self-petitioners to adjust their status to lawful permanent
resident in the United States rather than having to go abroad to do so.
- Creates a new nonimmigrant U-visa for victims of certain serious crimes,
including domestic violence, sexual assault, stalking, and trafficking crimes
if the victim has suffered substantial physical or mental abuse as a result of
the crime, the victim has information about the crime, and a law enforcement
official or a judge certifies that the victim is or is likely to be helpful in
investigating or prosecuting the crime. The number of visas is capped at
10,000 per year. The Attorney General may adjust U-visa holders to lawful
permanent resident status if they have been present in the U.S. for three
years and it is justified on humanitarian grounds, to promote family unity, or
is otherwise in the public interest.
Trafficking Provisions Include:
- The purpose of the trafficking bill is to combat trafficking of persons,
especially into the sex trade, slavery, and slavery-like conditions, through
prevention, prosecution and enforcement against traffickers, and protection
and assistance for victims.
- Requires the Secretary of State to include in the annual Country Reports
on Human Rights Practices information on the nature and extent of trafficking
and efforts to combat trafficking.
- Requires the President to establish an Interagency Task Force to Monitor
and Combat Trafficking, chaired by the Secretary of State, and authorizes the
establishment of an Office to Monitor and Combat Trafficking.
- Charges the President with establishing prevention initiatives to enhance
economic opportunities for trafficking victims, such as microcredit lending
and education programs, and with establishing public awareness programs on the
dangers of trafficking and the protections available to victims.
- Requires the Department of State and the U.S. Agency for International
Development to establish programs and initiatives in foreign countries to
assist in the safe integration, reintegration, or resettlement of victims of
trafficking.
- Directs the Attorney General, the Secretaries of Labor and HHS, the Board
of Directors of the Legal Services Corporation, and the heads of other federal
agencies to expand their benefits and services to "victims of severe forms of
trafficking" in the U.S., regardless of the victims' immigration status.
Eligible victims are those who have not attained 18 years of age or have
received a certification by the Secretary of HHS (after consultation with the
AG) that (1) they are willing to assist in every reasonable way in the
investigation and prosecution of trafficking and (2) either they have made a
bona fide application for a T-visa (as established by this Act) that has not
been denied or their continued presence in the U.S. is being ensured by the
Attorney General in order to prosecute traffickers.
- Authorizes the Attorney General to make grants to state, tribal
governments, local governments, and nonprofits to develop, expand, or
strengthen services for victims of trafficking.
- Requires the Secretary of State and the Attorney General to promulgate
regulations to ensure that victims of trafficking are provided with
appropriate shelter while in federal custody and with necessary medical care,
assistance, and protection, that victims have access to information about
their rights and translation services, that victims are assured continuous
presence in the U.S. to assist in the prosecution of traffickers, and that
State and Justice Department personnel are trained in identifying and
protecting victims of trafficking.
- Creates a new, nonimmigrant "T" visa for certain "victims of severe forms
of trafficking" who either have complied with any reasonable request for
assistance in the investigation or prosecution of trafficking or have not yet
turned 15 years old. The number of visas is capped at 5,000 per year. The
Attorney General may adjust T-visa holders to lawful permanent resident status
under certain circumstances.
- In cases of countries that fail to comply with the Act's minimum standards
for the elimination of trafficking and fail to make significant efforts to
comply with such standards, the President is required to withhold
nonhumanitarian U.S. foreign assistance. However, this requirement does not go
into effect until 2003, and the President has the discretion to waive this
requirement for several reasons, including to avoid substantial adverse impact
on victims.
- Increases the penalties for slavery and trafficking crimes and creates a
new crime of forced labor that captures slavery-like practices that do not
meet the elements of the involuntary servitude statute as interpreted by the
Supreme Court. The bill also criminalizes trafficking for the purpose of
involuntary servitude or forced labor and sex trafficking of children or by
force, fraud, or coercion. Finally, it punishes the withholding or destruction
of immigration or identification documents for the purpose of preventing a
trafficking victim from escaping.
- Provides for mandatory restitution for trafficking victims and for asset
forfeiture and witness protection in trafficking cases.
- Authorizes $1.5 million in FY 2001 and $3 million in FY 2002 for the Task
Force, $5 million in FY 2001 and $10 million in FY 2002 for the Department of
Health and Human Services to provide services and benefits for trafficking
victims, $5 million in FY 2001 and $10 million in FY 2002 for the State
Department to provide assistance for victims in other countries, $5 million in
FY 2001 and $10 million in FY 2002 for the Department of Justice to provide
benefits, services, and grants for services for trafficking victims, $5
million in FY 2001 and $10 million in FY 2002 to the President for foreign
victim assistance, $5 million in FY 2001 and $10 million in FY 2002 for
assistance to foreign countries to meet the minimum standards for elimination
of trafficking, and $5 million in FY 2001 and $10 million in FY 2002 for the
Department of Labor to provide benefits and services for trafficking victims.
Please note that while the legislation reflects amounts that are authorized,
actual funding for all programs is determined by each year's appropriation.
Although FY 2001 authorizations are included in VAWA 2000, actual funding for FY
2001 was based on VAWA.