HR 1248 PCS
Calendar No. 834
106th CONGRESS
2d Session
H. R. 1248
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, SEPTEMBER 22), 2000
Received; read twice and placed on the calendar
AN ACT
To prevent violence against women.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Violence Against Women Act
of 2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
Sec. 101. Reauthorization.
Sec. 102. Technical amendments.
Sec. 103. State coalition grants.
Sec. 104. Full faith and credit enforcement of protection orders.
Sec. 105. Filing costs for criminal charges
Sec. 106. Elder abuse, neglect, and exploitation.
Subtitle B--National Domestic Violence Hotline
Sec. 111. Reauthorization.
Sec. 112. Technical amendments.
Subtitle C--Battered Women's Shelters and Services
Sec. 122. Authorization of appropriations for family violence prevention
and services.
Sec. 123. FVPSA improvements.
Sec. 124. Transitional housing assistance for victims of domestic
violence.
Subtitle D--Community Initiatives
Sec. 131. Grants for community initiatives.
Subtitle E--Education and Training for Judges and Court Personnel
Sec. 141. Reauthorization.
Subtitle F--Grants To Encourage Arrest Policies
Sec. 151. Reauthorization.
Sec. 152. Technical amendment.
Subtitle G--Rural Domestic Violence and Child Abuse Enforcement
Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
Subtitle H--National Stalker and Domestic Violence Reduction
Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
Subtitle I--Federal Victims' Counselors
Sec. 181. Reauthorization.
Subtitle J--Victims of Child Abuse Programs
Sec. 191. Reauthorization of court-appointed special advocate
program.
Sec. 192. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 193. Reauthorization of grants for televised testimony.
Sec. 194. Dissemination of information.
TITLE II--SEXUAL ASSAULT PREVENTION
Sec. 201. Transfer of rape prevention and education program.
Sec. 202. Rape prevention education.
Sec. 203. Sexual assault and interpersonal violence; demonstration
projects.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
Sec. 301. Civil legal assistance for victims.
Subtitle B--Limiting the Effects of Violence on Children
Sec. 305. Safe havens for children pilot program.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
Sec. 311. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 312. Violence Against Women Act.
Sec. 313. Grants for technical assistance.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
Sec. 316. Standards, practice, and training for sexual assault forensic
examinations.
Subtitle E--Domestic Violence Task Force
Sec. 320. Domestic Violence Task Force.
SEC. 2. DEFINITIONS.
(1) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT- Section 2003(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1))
is amended to read as follows:
`(1) the term `domestic violence' includes acts or threats of violence,
not including acts of self-defense, committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in common, by
a person who is cohabiting with or has cohabited with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction;'.
(2) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT- Section 2105(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4(1))
is amended to read as follows:
`(1) the term `domestic violence' includes acts or threats of violence,
not including acts of self-defense, committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in common, by
a person who is cohabiting with or has cohabited with the victim, by a
person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any other person against a
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction; and'.
(b) INDIAN COUNTRY- Section 2003(2) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2(1)) is amended to read as follows:
`(2) the term `Indian country' has the same meaning as is given such
term by section 1151 of title 18, United States Code;'.
(c) STALKING- Section 2003 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-2) is amended by striking the period at the end
of paragraph (8) and inserting a semicolon and by adding after paragraph (8)
the following:
`(9) the term `stalking' means engaging in conduct that is directed at
an individual with the intent to injure and harass the individual and which
places the individual in reasonable fear of the death of, or serious bodily
injury to, that individual, a member of that individual's immediate family
or that individual's intimate partner;'.
(d) UNDERSERVED POPULATIONS- Section 2003(7) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) is amended to read as
follows:
`(7) the term `underserved populations' includes populations underserved
because of geographic location (such as rural isolation), underserved racial
and ethnic populations, populations underserved because of special needs
(such as language barriers, disabilities, or age), and any other population
determined to be underserved by the State planning process in consultation
with the Attorney General;'.
(e) DOMESTIC VIOLENCE COALITION- Section 2003 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended by subsection
(c), is amended by adding after paragraph (9) the following:
`(10) the term `domestic violence coalition' means a statewide (except
in the case of a coalition within lands under tribal authority) nonprofit,
nongovernmental membership organization of a majority of domestic violence
programs within the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities provides training
and technical assistance to domestic violence programs within the State,
commonwealth, territory, or lands under military, Federal, or tribal
authority;'.
(f) SEXUAL ASSAULT COALITION- Section 2003 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended by subsection
(e), is amended by adding after paragraph (10) the following:
`(11) the term `sexual assault coalition' means a statewide (except in
the case of a coalition within lands under tribal authority) nonprofit,
nongovernmental membership organization of a majority of sexual assault
programs within the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities provides training
and technical assistance to sexual assault programs within the State,
commonwealth, territory, or lands under military, Federal, or tribal
authority; and'.
(1) SECTION 2003- Section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3996gg-2), as amended by subsection (f), is
amended by adding after paragraph (11) the following:
`(12) The term `dating violence' means violence committed by a
person--
`(A) who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
`(B) where the existence of such a relationship shall be determined
based on a consideration of the following factors:
`(i) the length of the relationship;
`(ii) the type of relationship; and
`(iii) the frequency of interaction between the persons involved in
the relationship.'.
(2) SECTION 2105- Section 2105 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh-4) is amended by striking `and' at the
end of paragraph (1), by striking the period at the end of paragraph (2) and
inserting `; and', and by adding after paragraph (2) the following:
`(3) the term `dating violence' means violence committed by a
person--
`(A) who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
`(B) where the existence of such a relationship shall be determined
based on a consideration of the following factors:
`(i) the length of the relationship;
`(ii) the type of relationship; and
`(iii) the frequency of interaction between the persons involved in
the relationship.'.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN
ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
SEC. 101. REAUTHORIZATION.
Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)(18)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting
a semicolon; and
(3) by inserting after subparagraph (F) the following:
`(G) $185,000,000 for fiscal year 2001;
`(H) $185,000,000 for fiscal year 2002;
`(I) $185,000,000 for fiscal year 2003;
`(J) $195,000,000 for fiscal year 2004; and
`(K) $195,000,000 for fiscal year 2005.'.
SEC. 102. TECHNICAL AMENDMENTS.
(a) GRANT ALLOCATION- Section 2002(c)(3) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended to read as
follows:
`(3) at least 50 percent is allocated to grants for law enforcement,
prosecution, and State and local court systems and at least 35 percent is
allocated for victim services; and'.
(b) REALLOTMENT- Section 2002(e) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding at the end
the following new paragraph:
`(3) REALLOTMENT OF FUNDS-
`(A) If, at the end of the 9th month of any fiscal year for which
funds are appropriated under section 1001(a)(18), the amounts made
available are unspent or unobligated, such unspent or unobligated funds
shall be reallotted to the current fiscal year recipients in the victim
services area pursuant to section 2002(c)(3) proportionate to their
original allotment for the current fiscal year.
`(B) For the first 2 fiscal years following the date of the enactment
of the Violence Against Women Act of 2000, the Attorney General may waive
the qualification requirements of section 2002(c)(3), at the request of
the State and with the support of law enforcement, prosecution, and victim
services grantees currently funded under this section, if the reallocation
of funds among law enforcement, prosecution, victim services, and State
and local court systems mandated by this Act adversely impacts victims of
sexual assault, domestic violence, and stalking, due to the reduction of
funds to programs and services funded under this section in the prior
fiscal year. Any waiver granted under this subparagraph shall not diminish
the allocation of any State for victim services.'.
(c) EXPANDED GRANT PURPOSES- Section 2001(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
(1) in paragraph (1), by striking `sexual assault and domestic violence'
and inserting `sexual assault, domestic violence, and dating
violence';
(2) in paragraph (5), by striking `sexual assault and domestic violence'
and inserting `sexual assault, domestic violence, and dating
violence';
(3) by striking `and' at the end of paragraph (6); and
(4) by redesignating paragraph (7) as paragraph (10) and by inserting
after paragraph (6) the following new paragraphs:
`(7) developing, enlarging, or strengthening State and local court
programs, including training for State, local, and tribal judges and court
personnel, addressing violent crimes against women, including sexual
assault, domestic violence, and stalking;
`(8) training of sexual assault forensic medical personnel examiners in
the collection and preservation of evidence, analysis, prevention, and
providing expert testimony and treatment of trauma related to sexual
assault;
`(9) supporting the development of sexual assault response teams to
strengthen the investigation of sexual assaults and coordinate services for
victims of sexual assault; and'.
(d) MONITORING AND COMPLIANCE- Section 2002 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended by redesignating
subsections (e), (f), (g), and (h) as subsections (f), (g), (h), and (i),
respectively, and by inserting after subsection (d) the following:
`(e) MONITORING AND COMPLIANCE- The Attorney General shall deny
applications--
`(1) that do not meet the requirements set forth in subsections (c) and
(d); and
`(2) for failure to provide documentation, including memoranda of
understanding, contract, or other documentation of any collaborative efforts
with other agencies or organizations.'.
(e) VICTIM SERVICES- Section 2003(8) of Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking `assisting
domestic violence or sexual assault victims through the legal process' and
inserting `providing advocacy and assistance for victims seeking abuse-related
health care services and legal and social services, except that such term
shall not include programs or activities that are targeted primarily for
offenders'.
(f) INDIAN TRIBAL GRANTS- Section 2002(b)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by striking
`4 percent' and inserting `5 percent'.
(g) MEDICAL COST REIMBURSEMENT- Section 2005(b)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(b)(3)) is
amended--
(1) by striking `and' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and inserting
`; and'; and
(3) by inserting after subparagraph (D) the following:
`(E) the reimbursement is not contingent upon the victim's report of
the sexual assault to law enforcement or upon the victim's cooperation in
the prosecution of the sexual assault.'.
(h) STATE AND LOCAL COURTS- Section 2002(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(a)) is amended by inserting
`, State and local courts' after `States' the second time it appears.
(i) INFORMATION REPORTING- Section 2001(b)(4) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(4)) is amended by adding
before the semicolon the following: `, including the reporting of such
information to the National Instant Criminal Background Check System'.
SEC. 103. STATE COALITION GRANTS.
Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg) is amended by inserting after subsection (b) the following new
subsection:
`(1) TO COALITIONS- The Attorney General shall make grants to each of
the State domestic violence and sexual assault coalitions in the State for
the purposes of coordinating State victim services activities, and
collaborating and coordinating with Federal, State, and local entities
engaged in violence against women activities. In no case will such awards
preclude the State domestic violence and sexual assault coalitions from
receiving grants under this part to fulfill the purposes described in
subsections (a) and (b).
`(2) PERCENT ALLOCATIONS- Domestic violence coalitions and sexual
assault coalitions shall each receive not less than two and one-half percent
of the funds appropriated for a fiscal year under section 1001(a)(18) for
the purposes described in paragraph (1).
`(3) GEOGRAPHICAL ALLOTMENT-
`(A) AMOUNT- The domestic violence and sexual assault coalition in each
State, the District of Columbia, the Commonwealth of Puerto Rico, and the
combined United States Territories shall each receive an amount equal to
1/54 of the amount made available under paragraph (2). The combined United
States Territories shall not receive less than 1.5 percent of the funds made
available under paragraph (2) for each fiscal year and the tribal domestic
violence and sexual assault coalitions shall not receive less than 1.5
percent of the funds made available under paragraph (2) for each fiscal
year.
`(B) DEFINITION- For the purposes of this section, the term `combined
United States Territories' means Guam, American Samoa, the United States
Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.
`(C) INDIANS- 1/54 of the amount appropriated shall be made available
for development and operation of nonprofit nongovernmental tribal domestic
violence and sexual assault coalitions in Indian country.
`(4) DISBURSEMENT OF GEOGRAPHICAL ALLOTMENTS- 50 percent of the 1/54
allotted to each State, the District of Columbia, Commonwealth of Puerto Rico,
the combined United States Territories, and Indian country under paragraph (3)
shall be made available to the domestic violence coalition as defined in
section 2003(10) of this Act and 50 percent shall be made available to the
sexual assault coalition as defined in section 2003(11) of this Act; and
`(5) COMPONENT ELIGIBILITY- In the case of combined domestic violence and
sexual assault coalitions, each component shall be deemed eligible for the
awards for sexual assault and domestic violence activities, respectively.
`(6) APPLICATION- In the application submitted by a coalition for the
grant, the coalition provides assurances satisfactory to the Attorney General
that the coalition--
`(A) has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial entities in the preparation
of the application; and
`(B) will actively seek and encourage the participation of such entities
in the activities carried out with the grant.'.
SEC. 104. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.
(a) IN GENERAL- Part U of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in the heading, by adding `AND ENFORCEMENT OF PROTECTION
ORDERS' at the end;
(A) in paragraph (6), by inserting `(including juvenile courts)' after
`courts'; and
(B) by adding at the end the following:
`(7) To provide technical assistance and computer and other equipment to
police departments, prosecutors, courts, and tribal jurisdictions to
facilitate the widespread enforcement of protection orders, including
interstate enforcement, enforcement between States and tribal jurisdictions,
and enforcement between tribal jurisdictions.'; and
(i) in paragraph (1), by striking `and' at the end;
(ii) in paragraph (2), by striking the period at the end and
inserting `, including the enforcement of protection orders from other
States and jurisdictions (including tribal jurisdictions);';
and
(iii) by adding at the end the following:
`(3) have established cooperative agreements or can demonstrate
effective ongoing collaborative arrangements with neighboring jurisdictions
to facilitate the enforcement of protection orders from other States and
jurisdictions (including tribal jurisdictions); and
`(4) will give priority to using the grant to develop and install data
collection and communication systems, including computerized systems, and
training on how to use these systems effectively to link police,
prosecutors, courts, and tribal jurisdictions for the purpose of identifying
and tracking protection orders and violations of protection orders, in those
jurisdictions where such systems do not exist or are not fully effective.';
and
(B) by adding at the end the following:
`(c) DISSEMINATION OF INFORMATION- The Attorney General shall annually
compile and broadly disseminate (including through electronic publication)
information about successful data collection and communication systems that
meet the purposes described in this section. Such dissemination shall target
States, State and local courts, Indian tribal governments, and units of local
government.'.
(b) ELIGIBILITY FOR GRANTS TO ENCOURAGE ARREST POLICIES-
(1) IN GENERAL- Section 2101 of part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(A) in subsection (c), by striking paragraph (4) and inserting the
following:
`(4) certify that their laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing, issuance, registration,
or service of a protection order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or the costs associated
with the filing, issuance, registration, or service of a warrant, protection
order, or witness subpoena, whether issued inside or outside the State,
tribal, or local jurisdiction.'; and
(B) by adding at the end the following:
`(d) DEFINITION- In this section, the term `protection order' has the
meaning given the term in section 2266 of title 18, United States Code.'.
(2) APPLICATION FOR GRANTS TO ENCOURAGE ARREST POLICIES- Section
2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh-1(a)(1)(B)) is amended by striking `2
years of the date of enactment of this part' and inserting `the expiration
of the 1-year period beginning on the date of the enactment of the Violence
Against Women Act of 2000'.
SEC. 105. FILING COSTS FOR CRIMINAL CHARGES.
Section 2006 of part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-5) is amended--
(A) in the heading, by striking `filing' and inserting `and protection
orders' after `charges';
(i) by striking paragraph (1) and inserting the
following:
`(1) certifies that its laws, policies, and practices do not require, in
connection with the prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing, issuance, registration,
or service of a protection order to protect a victim of domestic violence,
stalking, or sexual assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or the costs associated
with the filing, issuance, registration, or service of a warrant, civil or
criminal protection order, or witness subpoena, whether issued inside or
outside the State, tribal, or local jurisdiction; or'; and
(ii) in paragraph (2)(B), by striking `2 years' and inserting `1
year after the date of the enactment of the Violence Against Women Act
of 2000'; and
(C) by adding at the end the following:
`(c) DEFINITION- In this section, the term `protection order' has the
meaning given the term in section 2266 of title 18, United States Code.'.
SEC. 106. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat. 1902) is amended by
adding at the end the following:
`Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older or Disabled Individuals
`SEC. 40801. DEFINITIONS.
`(1) IN GENERAL- The terms `elder abuse, neglect, and exploitation', and
`older individual' have the meanings given the terms in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002).
`(2) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning
given such term by section 2105 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh-4).
`(3) SEXUAL ASSAULT- The term `sexual assault' has the meaning given the
term in section 2003 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2).
`SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND
EXPLOITATION.
`The Attorney General shall make grants to law school clinical programs
for the purposes of funding the inclusion of cases addressing issues of elder
abuse, neglect, and exploitation, including domestic violence and sexual
assault, against older or disabled individuals.
`SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.
`The Attorney General shall develop curricula and offer, or provide for
the offering of, training programs to assist law enforcement officers,
prosecutors, and relevant officers of Federal, State, and local courts in
recognizing, addressing, investigating, and prosecuting instances of elder
abuse, neglect, and exploitation, including domestic violence and sexual
assault, against older or disabled individuals.
`SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $15,000,000 for each of the
fiscal years 2001 through 2005 to carry out this subtitle.'.
Subtitle B--National Domestic Violence Hotline
SEC. 111. REAUTHORIZATION.
Section 316(f)(1) of the Family Violence Prevention and Services Act (42
U.S.C. 10416(f)(1)) is amended to read as follows:
`(1) IN GENERAL- There are authorized to be appropriated to carry out
the purposes of this section--
`(A) $1,600,000 for fiscal year 2001;
`(B) $1,800,000 for fiscal year 2002;
`(C) $2,000,000 for fiscal year 2003; and
`(D) $2,000,000 for fiscal year 2004.'.
SEC. 112. TECHNICAL AMENDMENTS.
Section 316 of the Family Violence Prevention and Services Act (42 U.S.C.
10416) is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following:
`(f) REPORTS- Within 90 days after the date of the enactment of the
Violence Against Women Act of 2000, all entities receiving funds pursuant to
activities under subsection (a) shall prepare and submit a report to the
Secretary that evaluates the effectiveness of the use of amounts received
under such grants by such grantee and containing such other information as the
Secretary may prescribe. The Secretary shall publish any such reports and
provide at least 90 days for notice and opportunity for public comment prior
to awarding or renewing any such grants.'.
Subtitle C--Battered Women's Shelters and Services
SEC. 121. SHORT TITLE.
This subtitle may be cited as the `Battered Women's Shelters and Services
Act'.
SEC. 122. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE PREVENTION AND
SERVICES.
Section 310(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(a)) is amended to read as follows:
`(a) IN GENERAL- There are authorized to be appropriated to carry out this
title (other than section 316)--
`(1) $120,000,000 for fiscal year 2001;
`(2) $160,000,000 for fiscal year 2002;
`(3) $200,000,000 for fiscal year 2003; and
`(4) $260,000,000 for fiscal year 2004.'.
SEC. 123. FVPSA IMPROVEMENTS.
(a) REALLOTMENT OF FUNDS- Section 304(d) of the Family Violence Prevention
and Services Act (42 U.S.C. 10403(d)) is amended--
(1) by inserting after `to such State in grants under section 303(a)'
the following: `or Indian tribe or tribal organization under section
303(b)';
(2) by inserting after `failure of such State' the following: `or Indian
tribe or tribal organization, or other entity';
(3) by inserting after `such amount to States' the following: `and
Indian tribes and tribal organizations';
(4) by inserting after `which meet such requirements' the following:
`proportionate to the original allocation made under subsection (a) or (b)
of section 303, respectively'; and
(5) by redesignating paragraph (2) as paragraph (3) and adding after
paragraph (1) the following:
`(2) If, at the end of the sixth month of any fiscal year for which sums
are appropriated under section 310, the amount allotted to an entity has not
been made available to such entity in grants under sections 308 and 311
because of the failure of such entity to meet the requirements for a grant or
because the limitation on expenditure has been reached, then the Secretary
shall reallot such amount to States and Indian tribes and tribal organizations
that meet such requirements proportionate to the original allocation under
subsection (a) or (b) of section 303, respectively.'.
(b) TRIBAL DOMESTIC VIOLENCE COALITIONS- Section 303(b) of the Family
Violence Prevention Services Act (42 U.S.C. 10402(b)) is amended by adding at
the end the following:
`(4) From the amounts made available under paragraph (1), there shall be
awarded by the Secretary not less than 5 percent of such amounts for the
funding of tribal domestic violence coalitions. To be eligible for a grant
under this paragraph, an entity shall be a private nonprofit coalition whose
membership includes representatives from a majority of the programs for
victims of domestic violence operating within the boundaries of an Indian
reservation and programs whose primary purpose is serving the populations of
such Indian country and whose board membership is representative of such
programs. Such coalitions shall further the purposes of domestic violence
intervention and prevention through activities including--
`(A) training and technical assistance for local Indian domestic
violence programs and providers of direct services to encourage
appropriate responses to domestic violence in Indian country;
`(B) planning and conducting needs assessments and planning for
comprehensive services in Indian country;
`(C) serving as an information clearinghouse and resource center for
the Indian reservation represented by the coalition receiving these
funds;
`(D) collaborating with Indian, State, and Federal governmental
systems which affect battered women in Indian country, including judicial
and law enforcement and child protective services agencies, to encourage
appropriate responses to domestic violence cases;
`(E) conducting public education and outreach activities addressing
domestic violence in Indian country;
`(F) collaborating with State domestic violence coalitions in the
areas described above; and
`(G) participating in planning and monitoring of the distribution of
grants and grant funds to the Indian reservation and tribal organizations
under paragraph (1).'.
SEC. 124. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg et seq.) is amended by adding at the end the following:
`SEC. 2007. TRANSITIONAL HOUSING ASSISTANCE.
`(a) IN GENERAL- The Attorney General shall award grants to States, units
of local government, and Indian tribes under this section to carry out
programs to provide assistance to individuals and their dependents--
`(1) who are homeless or in need of transitional housing or other
housing assistance, as a result of fleeing domestic violence; and
`(2) for whom emergency shelter services are unavailable or
insufficient.
`(b) ASSISTANCE DESCRIBED- Assistance provided under this section may
include--
`(1) short-term housing assistance, including rental or utilities
payments assistance, where such assistance is necessary to prevent
homelessness due to fleeing domestic violence; and
`(2) short-term support services, including expenses and costs
associated with transportation and job training referrals, child care,
counseling, transitional housing identification and placement, and related
expenses such as utility or security deposits and other costs incidental to
relocation to transitional housing.
`(c) TERM OF ASSISTANCE- An individual or family assisted under this
section may not receive transitional housing assistance for a total of more
than 12 months.
`(1) REPORT TO ATTORNEY GENERAL-
`(A) IN GENERAL- An entity that receives a grant under this section
shall annually prepare and submit to the Attorney General a report
describing the number of individuals and dependents assisted, and the
types of housing assistance and support services provided, under this
section.
`(B) CONTENTS- Each report shall include information on--
`(i) the purpose and amount of housing assistance provided to each
individual or dependent assisted under this section;
`(ii) the number of months each individual or dependent received the
assistance;
`(iii) the number of individuals and dependents who were eligible to
receive the assistance, and to whom the entity could not provide the
assistance solely due to a lack of available housing; and
`(iv) the type of support services provided to each individual or
dependent assisted under this section.
`(2) REPORT TO CONGRESS- The Attorney General shall annually prepare and
submit to the Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in reports submitted under
paragraph (1).
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14211) to carry out this section--
`(1) $25,000,000 for each of fiscal years 2001 through 2003; and
`(2) $30,000,000 for each of fiscal years 2004 and 2005.'.
Subtitle D--Community Initiatives
SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.
(a) AUTHORIZATION- Section 318(h) of the Family Violence Prevention and
Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $8,000,000 for fiscal year 2001;
`(2) $9,000,000 for fiscal year 2002;
`(3) $10,000,000 for fiscal year 2003; and
`(4) $11,000,000 for fiscal year 2004.'.
(b) INFORMATION- Subsection (i) of section 318 of the Family Violence
Prevention and Services Act (42 U.S.C. 10418) is amended by inserting the text
of the subsection as a cut-in paragraph (1) with the heading `IN GENERAL- '
and by adding at the end the following:
`(2) INFORMATION- The Secretary shall annually compile and broadly
disseminate (including through electronic publication) information about the
use of funds and about the projects funded under this section, including any
evaluations of the projects and information to enable replication and
adoption of the strategies identified in the projects. Such dissemination
shall target other community-based programs, including domestic violence and
sexual assault programs.'.
Subtitle E--Education and Training for Judges and Court
Personnel
SEC. 141. REAUTHORIZATION.
(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS-
(1) SECTION 40412- Section 40412 of the Equal Justice for Women in the
Courts Act of 1994 (42 U.S.C. 13992) is amended--
(A) by striking `and' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and inserting
a semicolon; and
(C) by inserting after paragraph (19) the following:
`(20) the issues raised by domestic violence in determining custody and
visitation, including how to protect the safety of the child and of a parent
who is not a predominant aggressor of domestic violence, the legitimate
reasons parents may report domestic violence, the ways domestic violence may
relate to an abuser's desire to seek custody, and evaluating expert
testimony in custody and visitation determinations involving domestic
violence;
`(21) the issues raised by child sexual assault in determining custody
and visitation, including how to protect the safety of the child, the
legitimate reasons parents may report child sexual assault, and evaluating
expert testimony in custody and visitation determinations involving child
sexual assault, including the current scientifically-accepted and
empirically valid research on child sexual assault;
`(22) the extent to which addressing domestic violence and victim safety
contributes to the efficient administration of justice;'.
(2) SECTION 40414- Section 40414(a) of the Equal Justice for Women in
the Courts Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting `and
$1,500,000 for each of the fiscal years 2001 through 2005' after
`1996'.
(b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS-
(1) SECTION 40421- Section 40421(d) of the Equal Justice for Women in
the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read as
follows:
`(d) CONTINUING EDUCATION AND TRAINING PROGRAMS- The Federal Judicial
Center, in carrying out section 620(b)(3) of title 28, United States Code,
shall include in the educational programs it prepares, including the training
programs for newly appointed judges, information on the aspects of the topics
listed in section 40412 that pertain to issues within the jurisdiction of the
Federal courts, and shall prepare materials necessary to implement this
subsection.'.
(2) SECTION 40422- Section 40422(2) of the Equal Justice for Women in
the Courts Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting `and
$500,000 for each of the fiscal years 2001 through 2005' after `1996'.
(c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
OF 1994-
(1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL ASSAULT
PROGRAMS- Section 40413 of the Equal Justice for Women in the Courts Act of
1994 (42 U.S.C. 13993) is amended by adding `, including national, State,
tribal, and local domestic violence and sexual assault programs and
coalitions' after `victim advocates'.
(2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND EDUCATION
PROGRAMS- Section 40411 of the Equal Justice for Women in the Courts Act of
1994 (42 U.S.C. 13991) is amended by adding at the end the following:
`Nothing shall preclude the attendance of tribal judges and court personnel
at programs funded under this section for States to train judges and court
personnel on the laws of the States.'.
(3) USE OF FUNDS FOR DISSEMINATION OF MODEL PROGRAMS- Section 40414 of
the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13994) is
amended by adding at the end the following:
`(c) STATE JUSTICE INSTITUTE- The State Justice Institute may use up to 5
percent of the funds appropriated under this section for annually compiling
and broadly disseminating (including through electronic publication)
information about the use of funds and about the projects funded under this
section, including any evaluations of the projects and information to enable
the replication and adoption of the projects.'.
(1) SECTION 40411- Section 40411 of the Equal Justice for Women in
Courts Act of 1994 (42 U.S.C 13991) is amended by inserting `dating
violence,' after `domestic violence,'.
(2) SECTION 40412- Section 40412 of such Act (42 U.S.C 13992) is
amended--
(A) in paragraph (10), by inserting `and dating violence' before the
semicolon;
(B) in paragraph (11), by inserting `and dating' after
`domestic';
(C) in paragraph (13), by inserting `and dating' after `domestic' in
both places that it appears;
(D) in paragraph (17) by inserting `or dating' after `domestic' in
both places that it appears; and
(E) in paragraph (18), by inserting `and dating' after
`domestic'.
Subtitle F--Grants To Encourage Arrest Policies
SEC. 151. REAUTHORIZATION.
Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting
a semicolon; and
(3) by inserting after subparagraph (C) the following:
`(D) $63,000,000 for fiscal year 2001;
`(E) $67,000,000 for fiscal year 2002;
`(F) $70,000,000 for fiscal year 2003;
`(G) $70,000,000 for fiscal year 2004; and
`(H) $70,000,000 for fiscal year 2005.'.
SEC. 152. TECHNICAL AMENDMENT.
Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh) is amended--
(1) in subsection (b)(2), by inserting `and dating' after
`domestic';
(2) in subsection (b)(5), by inserting `and dating' after `domestic';
and
(3) by adding at the end the following:.
`(e) DISBURSEMENT- At least 5 percent of the funds appropriated under
1001(a)(19) shall be used for grants to Indian tribal governments.'.
Subtitle G--Rural Domestic Violence and Child Abuse
Enforcement
SEC. 161. REAUTHORIZATION.
Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971(c)(1)) is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(3) by inserting after subparagraph (C) the following:
`(D) $35,000,000 for each of the fiscal years 2001, 2002, 2003, 2004,
and 2005.'.
SEC. 162. TECHNICAL AMENDMENTS.
Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971) is
amended--
(1) in subsection (a)(1), by inserting `and dating' after
`domestic';
(2) in subsection (a)(2), by inserting `and dating' after `domestic';
and
(3) in subsection (c), by adding at the end the following:.
`(3) DISBURSEMENT- At least 5 percent of the funds appropriated under
paragraph (1) shall be used for grants to Indian tribal governments.'.
Subtitle H--National Stalker and Domestic Violence
Reduction
SEC. 171. TECHNICAL AMENDMENTS.
Section 40602(a) of the Violence Against Women Act of 1994 (42 U.S.C.
14031(a)) is amended by inserting `and implement' after `improve'.
SEC. 172. REAUTHORIZATION.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032)
is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(3) by inserting after paragraph (3) the following:
`(4) $3,000,000 for each of the fiscal years 2001, 2002, 2003, 2004, and
2005.'.
Subtitle I--Federal Victims' Counselors
SEC. 181. REAUTHORIZATION.
The text of section 40114 of the Safe Streets for Women Act of 1994 is
amended to read as follows: `There are authorized to be appropriated for the
United States Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of domestic violence and sexual assault crimes
where applicable (such as the District of Columbia) $1,000,000 for each of the
fiscal years 2001, 2002, 2003, 2004, and 2005.'.
Subtitle J--Victims of Child Abuse Programs
SEC. 191. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13014(a)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting `;
and'; and
(3) by inserting after paragraph (5) the following:
`(6) $12,000,000 for each of the fiscal years 2001, 2002, 2003, and
2004.'.
SEC. 192. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting `;
and'; and
(3) by inserting after paragraph (5) the following:
`(6) $2,300,000 for each of the fiscal years 2001, 2002, 2003, and
2004.'.
SEC. 193. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.
Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting
`; and'; and
(3) by inserting after subparagraph (E) the following:
`(F) $1,000,000 for each of the fiscal years 2001, 2002, 2003, 2004, and
2005.'.
SEC. 194. DISSEMINATION OF INFORMATION.
Section 40156 of the Violence Against Women Act of 1994 is amended by
inserting at the end the following:
`(d) INFORMATION- The Attorney General shall annually compile and broadly
disseminate (including through electronic publication) information about the
use of funds and about the projects funded under this section, including any
evaluations of the projects and information to enable replication and adoption
of the strategies identified in the projects. Such dissemination shall target
community-based programs, including domestic violence and sexual assault
programs.'.
TITLE II--SEXUAL ASSAULT PREVENTION
SEC. 201. TRANSFER OF RAPE PREVENTION AND EDUCATION PROGRAM.
Part J of title III of the Public Health Service Act is amended by
inserting after section 393A the following new section:
`SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
`(1) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part shall be used for rape
prevention and education programs conducted by rape crisis centers and
private nonprofit nongovernmental State and tribal sexual assault coalitions
for--
`(A) educational seminars;
`(B) the operation of hotlines;
`(C) training programs for professionals;
`(D) the preparation of informational material; and
`(E) other efforts to increase awareness of the facts about, or to
help prevent, sexual assault, including efforts to increase awareness in
underserved populations (as defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2(7)).
`(A) POPULATIONS- The Secretary shall make grants under subsection (a)
to each State on the basis of the population of the State.
`(B) RAPE PREVENTION AND EDUCATION PROGRAMS- No State may use funds
made available by reason of paragraph (1) in any fiscal year for
administration of any prevention program other than the rape prevention
and education program for which grants are made under paragraph
(1).
`(C) AVAILABILITY- Any amount paid to a State for a fiscal year and
remaining unobligated at the end of such year shall remain available for
the next fiscal year to such State for the purposes for which it was
made.
`(D) ADMINISTRATIVE AND TECHNICAL ASSISTANCE- The Secretary shall use
not more than 5 percent of the funds available under paragraph (1) for the
purposes of administrative and technical assistance.
`(E) TARGETING OF EDUCATION PROGRAMS- States receiving grant moneys
under paragraph (1) shall ensure that at least 25 percent of the moneys
are devoted to educational programs targeted for middle school, junior
high, and high school aged students. The programs targeted under this
subsection shall be conducted by rape crisis centers and State and tribal
sexual assault coalitions.
`(b) NATIONAL RESOURCE CENTER-
`(1) ESTABLISHMENT- At such time as appropriations under subsection (c)
reach at least $80,000,000, the Secretary of Health and Human Services
shall, through the National Center for Injury Prevention and Control at the
Centers for Disease Control and Prevention, establish a National Resource
Center on Sexual Assault to provide resource information, policy, training,
and technical assistance to Federal, State, and Indian tribal agencies, as
well as to State and tribal sexual assault coalitions and local sexual
assault programs and to other professionals and interested parties on issues
relating to sexual assault. The Resource Center shall maintain a central
resource library in order to collect, prepare, analyze, and disseminate
information and statistics and analyses thereof relating to the incidence
and prevention of sexual assault.
`(2) ELIGIBLE ORGANIZATIONS- The Secretary shall award a grant under
paragraph (1) to a private nonprofit organization which can--
`(A) demonstrate that it has recognized expertise in the area of
sexual assault and a record of high-quality services to victims of sexual
assault, including a demonstration of support from advocacy groups, such
as State and tribal sexual assault coalitions or recognized national
sexual assault groups; and
`(B) demonstrate a commitment to diversity and to the provision of
services to underserved populations as defined in section 2003(7) of the
Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3796gg-2(7)).
`(c) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to carry out
this section--
`(A) $80,000,000 for fiscal year 2001;
`(B) $105,000,000 for fiscal year 2002;
`(C) $105,000,000 for fiscal year 2003;
`(D) $155,000,000 for fiscal year 2004; and
`(E) $155,000,000 for fiscal year 2005.
Funds authorized to be appropriated under this section are appropriated
from the Violent Crime Reduction Fund pursuant to section 310001(c) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211(c))
and paragraph (16) under the definition of prevention program in section
310004(d) of such Act (42 U.S.C. 14214(d)).
`(2) SEXUAL ASSAULT COALITIONS- At such time as appropriations under
subsection (c) reach at least $80,000,000, the Secretary shall designate 15
percent of the total amount appropriated to be used for making grants to
nonprofit, nongovernmental State sexual assault coalitions to address public
health issues associated with sexual assault through training, resource
development, or similar research.
`(3) INDIAN COUNTRY- At such time as the appropriations under subsection
(c) reach at least $80,000,000, there shall be awarded by the Secretary not
less than 5 percent of such amounts for the funding of tribal sexual assault
coalitions. To be eligible for a grant under this paragraph, an entity shall
be a private nonprofit coalition whose membership includes representatives
from a majority of the programs for adult and child victims of sexual
assault operating within the boundaries of such Indian country and programs
whose primary purpose is serving the population of an Indian reservation,
and whose board membership is representative of such programs. Such
coalitions shall further the purposes of sexual assault intervention and
prevention through activities including--
`(A) training and technical assistance for local Indian sexual assault
programs and providers of direct services to encourage appropriate
responses to sexual assault in Indian country;
`(B) planning and conducting needs assessments and planning for
comprehensive services in Indian country;
`(C) serving as an information clearinghouse and resource center for
any Indian reservation represented by the coalition receiving these
funds;
`(D) collaborating with Indian, State, and Federal systems which
affect adult and child victims of sexual assault in Indian country,
including judicial, law enforcement, and child protective services
agencies, to encourage appropriate responses to sexual assault
cases;
`(E) conducting public education and outreach activities addressing
sexual assault in Indian country;
`(F) collaborating with sexual assault coalitions in the areas
described above; and
`(G) participating in planning and monitoring of the distribution of
grants and grant funds to Indian reservation and tribal organizations
under this section.
`(4) SUBSECTION (b) ALLOTMENT- Of the amount appropriated for any fiscal
year under this section, at least $1,000,000 shall be made available for
grants under subsection (b), with yearly increases of at least 10 percent of
the prior year's allotment.
`(1) A State may use funds under subsection (a) only so as to supplement
and, to the extent practicable, increase the level of funds that would be
available from non-Federal sources for the activities described in
subsection (a), and in no case may such funds be used to supplant funds from
other sources.
`(2) A State may not use more than 2 percent of the funds received in
each fiscal year under this section for surveillance studies or prevalence
studies and funds for such studies shall be available only at such time as
appropriations under subsection (c) reach at least $80,000,000.
`(3) A State may not use more than 5 percent of funds received in each
fiscal year under subsection (a) for administrative expenses.
`(1) INDIAN COUNTRY- The term `Indian Country' has the same meaning as
is given such term by section 1151 of title 18, United States Code.
`(2) RAPE PREVENTION AND EDUCATION- For purposes of this section, the
term `rape prevention and education' includes education and prevention
efforts directed at sexual offenses committed by offenders who are not known
to the victim as well as offenders who are known to the victim.
`(3) SEXUAL ASSAULT- The term `sexual assault' means any conduct
proscribed by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial jurisdiction of
the United States or in a Federal prison and includes both assaults
committed by offenders who are strangers to the victim and assaults
committed by offenders who are known to the victim or related by blood or
marriage to the victim.
`(4) RAPE CRISIS CENTER- The term `rape crisis center' means a private,
nonprofit, nongovernmental organization that is organized, or has as one of
its primary purposes, to provide services for victims of sexual assault and
has a record of commitment and demonstrated experience in providing services
to victims of sexual assault.
`(5) SEXUAL ASSAULT PROGRAM- The term `sexual assault program' means a
private, nonprofit, nongovernmental organization that is organized, or has
as one of its primary purposes, to provide services for victims of sexual
assault and has a record of commitment and demonstrated experience in
providing services to victims of sexual assault.
`(6) SEXUAL ASSAULT COALITION- The term `sexual assault coalition' means
a coalition that coordinates State victim service activities, and
collaborates and coordinates with Federal, State, and local entities to
further the purposes of sexual assault intervention and prevention.'.
SEC. 202. RAPE PREVENTION EDUCATION.
(a) REPEAL- The section added by section 40151 of the Violence Against
Women Act of 1994 is repealed.
(b) EFFECTIVE DATE- The repeal made by subsection (a) of this section
shall take effect the day after the date of the enactment of this Act.
SEC. 203. SEXUAL ASSAULT AND INTERPERSONAL VIOLENCE; DEMONSTRATION
PROJECTS.
(a) DEMONSTRATION PROJECTS- Section 393 of the Public Health Service Act
(42 U.S.C. 280b-1a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following subsection:
`(b)(1) With respect to all victims of sexual assault and interpersonal
violence who present at hospital emergency rooms and other sites offering
services to such victims, demonstration projects under subsection (a)(6) shall
include projects in which, on a 24-hour basis, nurses and other health care
professionals at such rooms and sites who are trained in accordance with
protocols under paragraph (2)--
`(A) identify victims of such violence;
`(B) collect physical evidence from the victims that may be of use in
judicial proceedings regarding the violence; and
`(C) provide information and appropriate referrals to rape crisis center
programs and victim service providers, including referrals to health-related
services and social services.
`(2) In carrying out paragraph (1), the Secretary shall carry out a
program to train nurses and other health care professionals to provide the
services described in such paragraph. The program shall develop a protocol for
such training.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) to section 393 of
the Public Health Service Act (42 U.S.C. 280b-1a) shall apply to demonstration
projects funded under subsection (a)(6) of such Act which are ongoing on the
date of the enactment of this Act.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
SEC. 301. CIVIL LEGAL ASSISTANCE FOR VICTIMS.
(a) IN GENERAL- The purpose of this section is to enable the Attorney
General to award grants to increase the availability of civil legal assistance
necessary to provide effective aid to victims of domestic violence, dating
violence, stalking, or sexual assault who are seeking relief in legal matters
arising as a consequence of that abuse or violence, at minimal or no cost to
the victims.
(b) DEFINITIONS- In this section:
(1) DOMESTIC VIOLENCE- The term `domestic violence' has the meaning
given the term in section 2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
(2) DATING VIOLENCE- The term `dating violence' has the meaning given
the term in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2).
(3) CIVIL LEGAL ASSISTANCE FOR VICTIMS- The term `civil legal
assistance' includes legal assistance to victims of domestic violence,
dating violence, stalking, and sexual assault in any administrative, civil,
judicial, family, or immigration proceeding. No funds made available under
this section may be used to provide financial assistance in support of any
litigation described in paragraph (14) of section 504(a) of Public Law
104-134.
(4) SEXUAL ASSAULT- The term `sexual assault' has the meaning given the
term in section 2003 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2).
(c) LEGAL ASSISTANCE FOR VICTIMS GRANTS- The Attorney General may award
grants under this subsection to private nonprofit entities, Indian tribal
governments, tribally recognized organizations, qualified Legal Services
Corporation grantees, other voluntary legal services organizations, and
publicly funded organizations not acting in a governmental capacity such as
law schools, and which shall be used--
(1) to implement, expand, and establish cooperative efforts and projects
between domestic violence and sexual assault victim services organizations
and legal assistance providers to provide legal assistance for victims of
domestic violence, stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects to provide
legal assistance for victims of domestic violence, stalking, and sexual
assault by organizations with a demonstrated history of providing direct
legal or advocacy services on behalf of these victims; and
(3) to provide training, technical assistance, and data collection to
improve the capacity of grantees and other entities to offer legal
assistance to victims of domestic violence, stalking, and sexual
assault.
(d) To be eligible for a grant under subsection (c), applicants shall
certify in writing that--
(1) any person providing civil legal assistance through a program funded
under subsection (c) has completed or will complete training in connection
with domestic violence or sexual assault and related legal issues;
(2) any training program conducted in satisfaction of the requirement of
paragraph (1) has been or will be developed with input from and in
collaboration with a State, local, or tribal domestic violence or sexual
assault program or coalition, as well as appropriate State and local law
enforcement officials;
(3) any person or organization providing civil legal assistance through
a program funded under subsection (c) has informed and will continue to
inform State, local, or tribal domestic violence or sexual assault programs
and coalitions, as well as appropriate State and local law enforcement
officials of their work; and
(4) the grantee's organizational policies do not require mediation or
counseling involving offenders and victims physically together, in cases
where sexual assault, domestic violence, or child sexual abuse is an
issue.
(e) EVALUATION- The Attorney General may evaluate the grants funded under
this section through contracts or other arrangements with entities expert on
domestic violence, stalking, and sexual assault, and on evaluation
research.
(f) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There is authorized to be appropriated from the Violent
Crime Reduction Trust Fund established under section 310001 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry out
this section--
(A) $35,250,000 for fiscal year 2001;
(B) $40,000,000 for fiscal year 2002;
(C) $45,000,000 for fiscal year 2003;
(D) $50,000,000 for fiscal year 2004; and
(E) $55,000,000 for fiscal year 2005;
(A) TRIBAL PROGRAMS- Of the amount made available under this
subsection in each fiscal year, not less than 5 percent shall be used for
grants for programs that assist victims of domestic violence, stalking,
and sexual assault on lands within the jurisdiction of an Indian
tribe.
(B) VICTIMS OF SEXUAL ASSAULT- Not less than 25 percent of the funds
used for direct services, training, and technical assistance shall be used
to support projects focused solely or primarily on civil legal assistance
for victims of sexual assault.
(3) NONSUPPLANTATION- Amounts made available under this section shall be
used to supplement and not supplant other Federal, State, and local funds
expended to further the purpose of this section.
Subtitle B--Limiting the Effects of Violence on Children
SEC. 305 . SAFE HAVENS FOR CHILDREN PILOT PROGRAM.
(a) IN GENERAL- The Attorney General may award grants to States, units of
local government, and Indian tribal governments that propose to enter into or
expand the scope of existing contracts and cooperative agreements with public
or private nonprofit entities to provide supervised visitation and safe
visitation exchange of children by and between parents in cases of domestic
violence, child abuse, or sexual assault.
(b) CONSIDERATIONS- In awarding grants under subsection (a), the Attorney
General shall take into account--
(1) the number of families to be served by the proposed visitation
programs and services;
(2) the extent to which the proposed supervised visitation programs and
services serve underserved populations (as defined in section 2003 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2));
(3) with respect to an applicant for a contract or cooperative
agreement, the extent to which the applicant demonstrates cooperation and
collaboration with nonprofit, nongovernmental entities in the local
community served, including the State domestic violence coalition, State
sexual assault coalition, local shelters, and programs for domestic violence
and sexual assault victims; and
(4) the extent to which the applicant demonstrates coordination and
collaboration with State and local court systems, including mechanisms for
communication and referral.
(c) APPLICANT REQUIREMENTS- The Attorney General shall award grants for
contracts and cooperative agreements to applicants that--
(1) demonstrate expertise in the area of family violence, including the
areas of domestic violence or sexual assault, as appropriate;
(2) ensure that any fees charged to individuals for use of programs and
services are based on the income of those individuals, unless otherwise
provided by court order;
(3) demonstrate that adequate security measures, including adequate
facilities, procedures, and personnel capable of preventing violence, are in
place for the operation of supervised visitation programs and services or
safe visitation exchange; and
(4) prescribe standards by which the supervised visitation or safe
visitation exchange will occur.
(1) IN GENERAL- Not later than 1 year after the last day of the first
fiscal year commencing on or after the date of the enactment of this Act,
and not later than 180 days after the last day of each fiscal year
thereafter, the Attorney General shall submit to Congress a report that
includes information concerning--
(i) individuals served and the number of individuals turned away
from visitation programs and services and safe visitation exchange
(categorized by State);
(ii) the number of individuals from underserved populations served
and turned away from services; and
(iii) the type of problems that underlie the need for supervised
visitation or safe visitation exchange, such as domestic violence, child
abuse, sexual assault, other physical abuse, or a combination of such
factors;
(B) the numbers of supervised visitations or safe visitation exchanges
ordered under this section during custody determinations under a
separation or divorce decree or protection order, through child protection
services or other social services agencies, or by any other order of a
civil, criminal, juvenile, or family court;
(C) the process by which children or abused partners are protected
during visitations, temporary custody transfers, and other activities for
which supervised visitation is established under this section;
(D) safety and security problems occurring during the reporting period
during supervised visitation under this section, including the number of
parental abduction cases; and
(E) the number of parental abduction cases in a judicial district
using supervised visitation programs and services under this section, both
as identified in criminal prosecution and custody violations.
(2) GUIDELINES- The Attorney General shall establish guidelines for the
collection and reporting of data under this subsection.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14211) to carry out this section $15,000,000 for each of fiscal
years 2001 and 2002.
(f) ALLOTMENT FOR INDIAN TRIBES- Not less than 5 percent of the total
amount made available for each fiscal year to carry out this section shall be
available for grants to Indian tribal governments.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
SEC. 310. FINDINGS.
The Congress finds that--
(1) women with disabilities are more likely to be the victims of abuse
and violence than women without disabilities because of their increased
physical, economic, social, or psychological dependence on others;
(2) in domestic violence cases, women with disabilities stay with their
batterers almost twice as long as women without disabilities;
(3) violence and abuse against women with disabilities takes many forms,
including verbal abuse, physical abuse, sexual assault, forced isolation,
control over economic resources, and the withholding of equipment,
medication, transportation, or personal care assistance;
(4) many women with disabilities fail to report abuse because they are
dependent on their abusers and fear being abandoned or
institutionalized;
(5) many women with disabilities are unable to leave abusive or violent
spouses or cohabitants because of the inaccessibility of services or the
fear of abandoning dependent children; and
(6) law enforcement, the criminal justice system, legal services, and
victim services are often not equipped or trained to effectively identify
and respond to abuse or violence against women with disabilities.
SEC. 311. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
Section 2001(b)(5) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg(b)), as amended by section 141(a)(1), is amended by
inserting before the semicolon at the end the following: `and forms of
violence and abuse particularly suffered by women with disabilities'.
SEC. 312. VIOLENCE AGAINST WOMEN ACT.
Section 40412 of the Equal Justice for Women in the Courts Act of 1994 (42
U.S.C. 13992) is amended--
(1) in paragraph (6), by inserting `, stereotyping of persons with
disabilities who are victims of rape, sexual assault, abuse, or violence'
after `racial stereotyping of rape victims';
(2) in paragraph (13), by inserting `or among persons with
disabilities,' after `socioeconomic groups,'; and
(3) by inserting after paragraph (22) the following:
`(23) issues related to violence and abuse against persons with
disabilities, including the nature of physical, mental, and communications
disabilities, the special vulnerability to violence of persons with
disabilities, and the types of violence and abuse experienced by persons
with disabilities;
`(24) the requirements placed on courts and judges under existing
disability laws, including the requirements to provide appropriate auxiliary
aids and services and to ensure physical access; and
`(25) the stereotypes regarding the fitness of persons with disabilities
to retain custody of children, especially in domestic violence
cases.'.
SEC. 313. GRANTS FOR TECHNICAL ASSISTANCE.
(a) IN GENERAL- The Attorney General shall make grants to States,
nongovernmental private entities, and tribal organizations to provide
education and technical assistance for the purpose of providing training,
consultation, and information on violence, abuse, and sexual assault against
women who are individuals with disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
(b) PRIORITIES- In making grants under this section, the Attorney General
shall give priority to applications designed to provide education and
technical assistance on--
(1) the nature, definition, and characteristics of violence, abuse, and
sexual assault experienced by women who are individuals with
disabilities;
(2) outreach activities to ensure that women who are individuals with
disabilities who are victims of violence, abuse, and sexual assault receive
appropriate assistance;
(3) the requirements of shelters and victim services organizations under
Federal anti-discrimination laws, including the Americans with Disabilities
Act of 1990 and section 504 of the Rehabilitation Act of 1973; and
(4) cost-effective ways that shelters and victim services may
accommodate the needs of individuals with disabilities in accordance with
the Americans with Disabilities Act of 1990.
(c) USES OF GRANTS- Each recipient of a grant under this section shall
provide information and training to national, State, local, and tribal
organizations and programs that provide services to individuals with
disabilities, including independent living centers, disability-related service
organizations, domestic violence programs providing shelter or related
assistance, rape crisis centers, and programs providing sexual assault
services, other victim services organizations, and women with disabilities.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14211) to carry out this section $10,000,000 for each of fiscal
years 2001 through 2005.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
SEC. 315. SHORT TITLE.
This subtitle may be cited as the `Standards, Practice, and Training for
Sexual Assault Forensic Examinations Act'.
SEC. 316. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) IN GENERAL- The Attorney General shall--
(1) evaluate existing standards of training and practice for licensed
health care professionals performing sexual assault forensic examinations
and develop a national recommended standard for training;
(2) recommend sexual assault forensic examination training for all
health care students to improve the recognition of injuries suggestive of
rape and sexual assault and baseline knowledge of appropriate referrals in
victim treatment and evidence collection; and
(3) review existing national, State, tribal, and local protocols on
sexual assault forensic examinations, and based on this review, develop a
recommended national protocol and establish a mechanism for its nationwide
dissemination.
(b) CONSULTATION- The Attorney General shall consult with national, State,
tribal, and local experts in the area of rape and sexual assault, including
rape crisis centers, State and tribal sexual assault and domestic violence
coalitions and programs, and programs for criminal justice, forensic nursing,
forensic science, emergency room medicine, law, social services, and sex
crimes in underserved communities (as defined in section 2003(7) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) as
amended by section 2(d)).
(c) REPORT- The Attorney General shall ensure that no later than 1 year
after the date of the enactment of this Act, a report of the actions taken
pursuant to subsection (a) is submitted to Congress.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
Subtitle E--Domestic Violence Task Force
SEC. 320. DOMESTIC VIOLENCE TASK FORCE
The Violence Against Women Act of 1994 (108 Stat. 1902), as amended by
section 107, is amended by adding at the end the following:
`Subtitle I--Domestic Violence Task Force
`SEC. 40901. TASK FORCE.
`(a) ESTABLISH- The Attorney General, in consultation with national
nonprofit, nongovernmental organizations whose primary expertise is in
domestic violence, shall establish a task force to coordinate research on
domestic violence and to report to Congress on any overlapping or duplication
of efforts on domestic violence issues. The task force shall be comprised of
representatives from all Federal agencies that fund such research.
`(b) USES OF FUNDS- Funds appropriated under this section shall be used
to--
`(1) develop a coordinated strategy to strengthen research focused on
domestic violence education, prevention, and intervention strategies;
`(2) track and report all Federal research and expenditures on domestic
violence; and
`(3) identify gaps and duplication of efforts in domestic violence
research and governmental expenditures on domestic violence issues.
`(c) REPORT- The Task Force shall report to Congress annually on its work
under subsection (b).
`(d) DEFINITION- For purposes of this section, the term `domestic
violence' has the meaning given such term by section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1).
`(e) AUTHORIZATION OF APPROPRIATION- There are authorized to be
appropriated $500,000 for each of the fiscal years 2001 through 2004 to carry
out this section.'.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 834
106th CONGRESS
2d Session
H. R. 1248
AN ACT
To prevent violence against women.
September 27 (legislative day, SEPTEMBER 22), 2000
Received; read twice and placed on the calendar
END