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[House Report 106-891]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-891
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
                   VIOLENCE AGAINST WOMEN ACT OF 2000

                                _______
                                

                 July 20, 2000.--Ordered to be printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1248]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1248) preventing violence against women, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Purpose and Summary........................................          24
Background and Need for the Legislation....................          24
Hearings...................................................          25
Committee Consideration....................................          25
Votes of the Committee.....................................          25
Committee Oversight Findings...............................          32
Committee on Government Reform Findings....................          32
New Budget Authority and Tax Expenditures..................          32
Congressional Budget Office Cost Estimate..................          32
Constitutional Authority Statement.........................          34
Section-by-Section Analysis and Discussion.................          34
Agency Views...............................................          43
Changes in Existing Law Made by the Bill, as Reported......          52
Additional Views...........................................          83
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.
Sec. 2. Definitions.

  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. 121. Short title.
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--Education and Prevention Grants To Reduce Sexual Abuse of 
                  Runaway, Homeless, and Street Youth

Sec. 191. Reauthorization.
Sec. 192. Dissemination of information.

              Subtitle K--Victims of Child Abuse Programs

Sec. 193. Reauthorization of court-appointed special advocate program.
Sec. 194. Reauthorization of child abuse training programs for judicial 
personnel and practitioners.
Sec. 195. Reauthorization of grants for televised testimony.
Sec. 196. 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. 310. Findings.
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. 315. Short title.
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.

    (a) Domestic Violence.--
            (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''.
    (g) Dating Violence.--
            (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''; and
            (3) by striking ``and'' at the end of paragraph (6);
            (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, and, 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:
    ``(c) Grants.--
            ``(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;
            (2) in section 2101(b)--
                    (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
            (3) in section 2102--
                    (A) in subsection (b)--
                            (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 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'';
                    (B) in subsection (a)--
                            (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 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.

    ``In this subtitle:
            ``(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) Allotment of Funds.--Section 304(a) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10403(a)) is amended--
            (1) by inserting after ``grant authorized under section 
        303(a)'' the following: ``$500,000, with the remaining funds to 
        be allotted to each State in'';
            (2) by striking paragraph (1), by striking the dash 
        preceding paragraph (1), by striking ``(2)'', and by running in 
        the text of paragraph (2) after ``except that''; and
            (3) by striking the last sentence.
    (b) 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.''
    (c) Training and Technical Assistance.--Section 308(a)(2) of the 
Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is 
amended by adding ``on providing training and technical assistance'' 
after ``focusing'', and by adding at the end the following: ``The 
Secretary may award grants to nonprofit, nongovernmental organizations 
for technical assistance and training initiatives on the subjects 
identified in subsection (c) if such initiatives do not duplicate the 
work of the entities funded under subsection (c) and the total amounts 
awarded for such initiatives do not exceed $500,000.''
    (d) Eligibility Requirements.--Section 308(c) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended by 
adding ``on emerging issues in domestic violence service, prevention, 
or law'' before ``, and'', by striking ``of domestic violence service, 
prevention, or law'' after ``following areas'', and by adding after 
paragraph (7) the following:
            ``(8) Providing technical assistance and training to local 
        domestic violence programs that provide shelter or related 
        assistance.
            ``(9) Improving access to services, information, and 
        training within Indian tribes and tribal organizations.
            ``(10) Responding to emerging issues in the field of 
        domestic violence that the Secretary may identify in 
        consultation with advocates representing local programs 
        providing shelter or related assistance, State domestic 
        violence coalitions, and national domestic violence 
        organizations.
            ``(11) Nothing in this section shall prohibit the Secretary 
        from making multiple grants to any nonprofit, nongovernmental 
        entity to fulfill the purposes of this section.''.
    (e) Family Violence.--Section 309(1)(B) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10408(1)(B)) is amended by 
inserting ``, with whom such person is or has been in a continuing 
social relationship of a romantic or intimate nature,'' before ``or 
with whom''.
    (f) Section 308 Grants.--Section 310(c) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10409(c)) is amended by adding 
after ``for each fiscal year,'' the following: ``the lesser of 
$7,500,000 or''.
    (g) Coalition Grants.--
            (1) In general.--Section 310(d) of the Family Violence 
        Prevention and Services Act (42 U.S.C. 10409(d)) is amended by 
        striking ``not less than'' and inserting ``the lesser of 
        $22,000,000 or'' and by adding at the end the following: ``At 
        such time as the appropriation under this subsection exceeds 
        $11,000,000, the Secretary shall designate that of the amounts 
        appropriated under this subsection up to 20 percent of such 
        funds shall be made available in the amounts necessary to State 
        domestic violence coalitions for the specific purpose of 
        providing technical assistance and training and direct 
        assistance in the following areas or other priorities that may 
        be determined by the Secretary in consultation with State 
        domestic violence coalitions and programs that provide shelter 
        or related assistance:
            ``(1) Model leadership grants for domestic violence 
        intervention in underserved populations.--The Secretary shall 
        award model leadership grants of up to 3 years to not more than 
        10 State and tribal domestic violence coalitions and not more 
        than 10 local domestic violence programs providing shelter or 
        related assistance to develop model strategies to address 
        domestic violence 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)). Such grants shall be made 
        to assess the needs of underserved populations in the State or 
        Indian country; build collaborative relationships with 
        community-based organizations serving underserved populations; 
        and develop and implement model community intervention 
        strategies to decrease the incidence of domestic violence in 
        underserved populations.
                    ``(A) Eligibility.--To be eligible for a 1-year 
                model leadership grant under this paragraph, an 
                applicant shall demonstrate--
                            ``(i) a plan for assessing the needs of 
                        underserved populations and identifying a 
                        specific population for development of an 
                        intervention strategy in the year of the grant; 
                        and
                            ``(ii) inclusion of representatives from 
                        community-based organizations in underserved 
                        populations in planning, designing, and 
                        disseminating the needs assessment instruments.
                    ``(B) Eligibility for continued funding.--To be 
                eligible for continued funding of up to 2 additional 
                years of a 1-year model leadership grant, an applicant 
                shall provide--
                            ``(i) a plan for implementing the model 
                        strategies which includes collaborative 
                        partnerships with community-based organizations 
                        within the underserved populations identified; 
                        and
                            ``(ii) a plan for disseminating the model 
                        strategy throughout the State or Indian 
                        country, or to other States during year 3 of 
                        the grant.
                    ``(C) Priority for collaborative funding.--In 
                awarding grants under this paragraph, the Secretary 
                shall give preference to State and tribal domestic 
                violence coalitions and local domestic violence 
                shelters and programs that submit applications in 
                collaboration with community-based organizations 
                serving underserved populations. A grant may not be 
                made under this subsection in an amount less than 
                $100,000 for each fiscal year.
            ``(2) Direct emergency assistance to victims of domestic 
        violence.--
                    ``(A) In general.--The Secretary shall award grants 
                to each State and tribal domestic violence coalition 
                for the purpose of administering an emergency 
                assistance fund for victims of domestic violence. Funds 
                received under this paragraph may be used only to 
                provide emergency assistance directly to victims of 
                domestic violence who are in the process of fleeing an 
                abusive situation. Emergency assistance shall include 
                transportation, housing, and other expenses associated 
                with relocation. Funds shall be requested by domestic 
                violence shelters and programs on behalf of victims.
                    ``(B) Application.--Prior to receipt of emergency 
                assistance grants under this paragraph, the State or 
                tribal domestic violence coalition shall provide to the 
                Secretary--
                            ``(i) a detailed description of the process 
                        for receiving and reviewing applications for 
                        emergency assistance;
                            ``(ii) a detailed description of the 
                        process for notifying domestic violence 
                        shelters and programs about the availability of 
                        emergency assistance funds;
                            ``(iii) an application form that includes 
                        the type of assistance requested, a statement 
                        of need for the funds, a statement about the 
                        impact of the funds on the victim's ability to 
                        escape domestic violence, and other such 
                        information that would be helpful in disbursing 
                        emergency assistance funds;
                            ``(iv) the process used to make payments to 
                        recipients; and
                            ``(v) a statement of procedures used to 
                        protect the confidentiality of recipients.
                    ``(C) Reporting.--The State or tribal domestic 
                violence coalition shall file an annual report to the 
                Secretary describing the distribution of funds to 
                victims of domestic violence by type and amount of 
                assistance provided. For reasons of safety and 
                confidentiality, such report shall not contain 
                individually identifying information.
            ``(3) Technical assistance and training for state, local, 
        and tribal domestic violence programs.--
                    ``(A) In general.--The Secretary shall award grants 
                to a State or tribal domestic violence coalition for 
                the purpose of providing training and technical 
                assistance for State and tribal domestic violence 
                coalitions and other nonprofit, nongovernmental State, 
                local, and tribal domestic violence programs. Funds 
                received under this paragraph shall be used to conduct 
                regional training and technical assistance initiatives 
                to be developed and implemented by a nonprofit, 
                nongovernmental State or tribal domestic violence 
                coalition within each of the regions administered by 
                the Department of Health and Human Services. Funds 
                shall be used to prioritize, plan, and implement 
                solutions to regional problems experienced by domestic 
                violence coalitions and programs providing shelter or 
                related assistance within the region.
                    ``(B) Eligibility.--To be eligible for a grant 
                under this paragraph the grantee shall have the support 
                of the majority of State and tribal domestic violence 
                coalitions within the region and shall have its 
                principal place of operation within the region. Nothing 
                in this section shall prohibit domestic violence 
                programs within Indian tribes from receiving technical 
                assistance and training under this grant program. 
                Grantees shall be encouraged to work in collaboration 
                with domestic violence advocates and organizations 
                outside of the region and with the national resource 
                center and special issue resource centers established 
                in this Act to provide expertise in delivering training 
                and technical assistance within the region.
                    ``(C) Reporting.--The grantee State or tribal 
                domestic violence coalition shall file an annual report 
                to the Secretary describing the recipients and the type 
                of technical assistance and training received.''.
            (2) Technical amendment.--The subsection heading for 
        subsection (d) is amended by inserting ``and Tribal'' after 
        ``State''.
    (h) Reports.--Section 308(e) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10407(e)) is amended by adding at the end the 
following: ``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 this section 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.''.
    (i) Involvement in Application.--Section 307(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by 
adding at the end the following:
    ``(3) The Secretary shall deny any application that fails to 
provide documentation, including memoranda of understanding, of the 
specific involvement of the State or tribal domestic violence coalition 
and other knowledgeable individuals and interested organizations, in 
the development of the State or tribe's application.''.
    (j) 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.
    ``(d) Reports.--
            ``(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.''.
    (d) Dating Violence.--
            (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--Education and Prevention Grants To Reduce Sexual Abuse of 
                  Runaway, Homeless, and Street Youth

SEC. 191. REAUTHORIZATION.

    Section 316(c) of the Runaway and Homeless Youth Act (42 U.S.C. 
5712d(c)) 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) $22,000,000 for each of the fiscal years 2001, 2002, 
        2003, and 2004.''.

SEC. 192. DISSEMINATION OF INFORMATION.

    Section 316 of part A of the Runaway and Homeless Youth Act (42 
U.S.C. 5712d) is amended by redesignating subsection (d) as subsection 
(e) and by inserting after subsection (c) the following:
    ``(d) 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 subtitle, 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.''.

              Subtitle K--Victims of Child Abuse Programs

SEC. 193. 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. 194. 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. 195. 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. 196. 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.

    ``(a) Grants.--
            ``(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)).
            ``(2) Terms.--
                    ``(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.
    ``(d) Limitations.--
            ``(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.
    ``(e) Definitions.--
            ``(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 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;
            (2) Allocation of funds.--
                    (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.
    (d) Reporting.--
            (1) In general.--Not later than 1 year after the last day 
        of the first fiscal year commencing on or after the date of 
        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--
                    (A) the number of--
                            (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 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.''.

                          Purpose and Summary

    H.R. 1248 would reauthorize and make key improvements in 
programs created by the ``Violence Against Women Act of 1994'' 
(title IV of the ``Violent Crime Control and Law Enforcement 
Act of 1994,'' P.L. 103-322). Those programs include: Law 
Enforcement and Prosecution Grants to Combat Violence Against 
Women; National Domestic Violence Hotline; Battered Women's 
Shelter and Services; Grants for Community Initiatives; 
Education and Training for Judges and Court Personnel; Grants 
to Encourage Arrest Polices; Rural Domestic Violence And Child 
Abuse Enforcement; National Stalker and Domestic Violence 
Reduction; Federal Victims' Counselors; Education and 
Prevention Grants to Reduce Sexual Abuse of Runaway, Homeless, 
and Street Youth; Victims of Child Abuse; and, Rape Prevention 
Education. It would also create several new programs, 
including: Civil Legal Assistance for Victims; Safe Havens for 
Children Pilot Program; Protections Against Violence and Abuse 
for Women with Disabilities; Standards, Practice, and Training 
for Sexual Assault Examinations; and, a requirement that a 
Domestic Violence Task Force report back to Congress on any 
overlapping or duplication of Federal agency efforts addressing 
domestic violence.
    It is the view of the committee that, while the general 
purpose of the grants program is to combat violent crimes 
against women, the Department of Justice should not preclude 
the use of funds under this act to address crimes which affect 
both men and women.

                Background and Need for the Legislation

    In response to growing rates of crimes committed against 
women, Congress passed the Violence Against Women Act (VAWA) as 
Title IV of the Violent Crime Control and Law Enforcement Act 
of 1994. VAWA created new criminal enforcement authority and 
enhanced penalties to combat sexual assault and domestic 
violence in Federal court. It also authorized grant programs to 
fight violence against women by providing funds to State and 
local law enforcement agencies, as well as for education, 
prevention, and outreach programs. To date, Congress has 
appropriated more than $1.5 billion for the act, and the 
appropriation authority for VAWA expires at the end of this 
fiscal year.
    VAWA programs have aided the prosecution of domestic 
violence, sexual assault and child abuse cases across the 
country, and have increased victim services like domestic 
violence shelters for women. Yet, despite the dramatic drop in 
most categories of crime across the country over the past 
several years, violent crime committed against women is still a 
serious problem. For example, nearly one in every three adult 
women experiences at least one physical assault by a partner 
during adulthood.
    Moreover, women are at increased risk of harm after 
separation from an abusive partner. Separated women are three 
times more likely than divorced women and 25 times more likely 
than married women to be victims of violence at the hands of an 
intimate partner. According to the National Crime Victimization 
Survey data from the Justice Department, between 1992 and 1996, 
women and girls over 12 experienced annually, on average, 
960,000 incidents of assault, rape, and murder at the hands of 
a current or former spouse or intimate partner. During the same 
period, the same surveys found that men were victims of about 
150,000 violent crimes by current or former spouses or intimate 
partners. Other surveys have found a much higher rate of 
domestic violence against women.

                                Hearings

    The committee's Subcommittee on Crime held one hearing on 
H.R. 1248 on Wednesday, September 29, 1999. Testimony was 
received from Bonnie J. Campbell, Director, Violence Against 
Women Office, Department of Justice; Juley Fulcher, Public 
Policy Director, National Coalition Against Domestic Violence; 
Carole Alexander, Executive Director, House of Ruth; and 
Patrick Fagan, Heritage Foundation.

                        Committee Consideration

    On Thursday, May 4, 2000 the Subcommittee on Crime met in 
open session and ordered favorably reported the bill H.R. 1248, 
as amended, by voice vote, a quorum being present. On 
Wednesday, June 21, 2000, the committee met in open session on 
this matter, and then met again on Tuesday, June 27, 2000 and 
ordered favorably reported the bill H.R. 1248, as amended, by 
voice vote, a quorum being present.

                         Votes of the Committee

    Subject: Conyers/Rothman amendment to the amendment in the 
nature of a substitute to H.R. 1248 to significantly broaden 
the definition of ``domestic violence.'' By a rollcall vote of 
11 yeas to 14 nays, the amendment was defeated.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............  ..............  ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............  ..............  ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............  ..............  ..............
Mr. Vitter......................................................  ..............  ..............  ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................  ..............  ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................              X   ..............  ..............
Mr. Scott.......................................................  ..............  ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................              X   ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................              X   ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................             11              14   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Conyers/Scott/Jackson Lee amendment to the 
amendment in the nature of a substitute to H.R. 1248, as 
modified by Mr. Frank's perfecting amendment to broaden the 
definition of underserved population by striking ``of special 
needs'' and insert ``of sexual orientation, religion, alienage 
status, or special needs'' and to include gender identification 
language within the definition. By a rollcall vote of 11 yeas 
to 16 nays, the amendment was defeated.

                                                   ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............              X   ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............  ..............  ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............              X   ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............  ..............  ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............              X   ..............
Mr. Vitter......................................................  ..............  ..............  ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................  ..............  ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................              X   ..............  ..............
Mr. Scott.......................................................  ..............  ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................              X   ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................              X   ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................             11              16   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Conyers/Nadler/Baldwin substitute amendment to the 
Hutchinson amendment to the amendment in the nature of a 
substitute to H.R. 1248 to authorize a less defined and more 
expensive civil legal assistance program. By a rollcall vote of 
8 yeas to 12 nays, the amendment was defeated.

                                                   ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............  ..............  ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............  ..............  ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............  ..............  ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............  ..............  ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............  ..............  ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............  ..............  ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................  ..............  ..............  ..............
Mr. Berman......................................................              X   ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................  ..............  ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............  ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................              8              12   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Baldwin perfecting amendment to the Hutchinson 
amendment to the amendment in the nature of a substitute to 
H.R. 1248 to significantly broaden the definition of civil 
legal assistance available under the bill. By a rollcall vote 
of 8 yeas to 14 nays, the amendment was defeated.

                                                   ROLLCALL NO. 4
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............  ..............  ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............              X   ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............  ..............  ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............  ..............  ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............  ..............  ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................  ..............  ..............  ..............
Mr. Berman......................................................              X   ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................  ..............  ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............  ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................              8              14   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Conyers perfecting amendment to the Hutchinson 
amendment to the amendment in the nature of a substitute to 
H.R. 1248 to insert on page 2 line 6, after ``issues'' ``except 
in cases where the life or health of the expectant mother is at 
risk, or the pregnancy results from rape or incest,'' the 
effect of which would have been to significantly broaden the 
definition of civil legal assistance. By a rollcall vote of 8 
yeas to 16 nays, the amendment was defeated.

                                                   ROLLCALL NO. 5
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............  ..............  ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............              X   ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............  ..............  ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............              X   ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................  ..............  ..............  ..............
Mr. Berman......................................................              X   ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................  ..............  ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............  ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................              8              16   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Berman perfecting amendment to the Hutchinson 
amendment to the amendment in the nature of a substitute to 
H.R. 1248 to insert on page 2, line 6, after ``issues'' 
``except in cases where the life of the expectant mother is at 
risk, or pregnancy results from rape or incest.'' Mr. Berman 
modified his amendment to strike ``is at risk;; and insert 
``would be endangered.'' By a rollcall vote of 10 yeas to 15 
nays, the amendment was defeated.

                                                   ROLLCALL NO. 6
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............  ..............  ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............              X   ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............  ..............  ..............
Mr. Jenkins.....................................................  ..............              X   ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............  ..............  ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................              X   ..............  ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............              X   ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................  ..............  ..............  ..............
Mr. Berman......................................................              X   ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................              X   ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................  ..............  ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................             10              15   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Conyers amendment to the amendment in the nature 
of a substitute to H.R. 1248 to condition funds under this 
Title on States permitting a person to bring a cause of action 
in State court for gender-motivated violence. By a rollcall 
vote of 8 yeas to 13 nays, the amendment was defeated.

                                                   ROLLCALL NO. 7
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............  ..............  ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............              X   ..............
Mr. Gallegly....................................................  ..............  ..............  ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............              X   ..............
Mr. Chabot......................................................  ..............  ..............  ..............
Mr. Barr........................................................  ..............              X   ..............
Mr. Jenkins.....................................................  ..............  ..............  ..............
Mr. Hutchinson..................................................  ..............              X   ..............
Mr. Pease.......................................................  ..............  ..............  ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............  ..............  ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............  ..............  ..............
Mr. Scarborough.................................................  ..............  ..............  ..............
Mr. Vitter......................................................  ..............              X   ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................  ..............  ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................              X   ..............  ..............
Mr. Watt........................................................  ..............              X   ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................  ..............  ..............  ..............
Mr. Meehan......................................................  ..............  ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................              X   ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................              8              13   ..............
----------------------------------------------------------------------------------------------------------------

    Subject: Waters amendment offered on behalf of Mr. Meehan, 
to the amendment in the nature of a substitute to H.R. 1248 
regarding violence against women, intervention, prevention, and 
education research. By a rollcall vote of 10 yeas to 15 nays, 
the amendment was defeated.

                                                   ROLLCALL NO. 8
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Sensenbrenner...............................................  ..............  ..............  ..............
Mr. McCollum....................................................  ..............              X   ..............
Mr. Gekas.......................................................  ..............              X   ..............
Mr. Coble.......................................................  ..............              X   ..............
Mr. Smith (TX)..................................................  ..............  ..............  ..............
Mr. Gallegly....................................................  ..............              X   ..............
Mr. Canady......................................................  ..............              X   ..............
Mr. Goodlatte...................................................  ..............              X   ..............
Mr. Chabot......................................................  ..............              X   ..............
Mr. Barr........................................................  ..............              X   ..............
Mr. Jenkins.....................................................  ..............  ..............  ..............
Mr. Hutchinson..................................................  ..............  ..............  ..............
Mr. Pease.......................................................  ..............              X   ..............
Mr. Cannon......................................................  ..............              X   ..............
Mr. Rogan.......................................................  ..............              X   ..............
Mr. Graham......................................................  ..............              X   ..............
Ms. Bono........................................................  ..............              X   ..............
Mr. Bachus......................................................  ..............              X   ..............
Mr. Scarborough.................................................  ..............  ..............  ..............
Mr. Vitter......................................................  ..............  ..............  ..............
Mr. Conyers.....................................................              X   ..............  ..............
Mr. Frank.......................................................              X   ..............  ..............
Mr. Berman......................................................              X   ..............  ..............
Mr. Boucher.....................................................  ..............  ..............  ..............
Mr. Nadler......................................................  ..............  ..............  ..............
Mr. Scott.......................................................  ..............  ..............  ..............
Mr. Watt........................................................              X   ..............  ..............
Ms. Lofgren.....................................................              X   ..............  ..............
Ms. Jackson Lee.................................................              X   ..............  ..............
Ms. Waters......................................................              X   ..............  ..............
Mr. Meehan......................................................  ..............  ..............  ..............
Mr. Delahunt....................................................  ..............  ..............  ..............
Mr. Wexler......................................................  ..............  ..............  ..............
Mr. Rothman.....................................................              X   ..............  ..............
Ms. Baldwin.....................................................              X   ..............  ..............
Mr. Weiner......................................................              X   ..............  ..............
Mr. Hyde, Chairman..............................................  ..............              X   ..............
                                                                 -----------------------------------------------
    Total.......................................................             10              15   ..............
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the committee sets forth, with 
respect to H.R.1248, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 13, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1248, the Violence 
Against Women Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member
H.R. 1248--Violence Against Women Act of 2000.

                                SUMMARY

    H.R. 1248 would authorize the appropriation of about $3.6 
billion for fiscal years 2001 through 2005 for programs to 
combat violence against women. Most of these programs would 
fund grants to state and local governments and Indian tribes.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1248 would cost about $2.8 
billion over the 2001-2005 period. This legislation would not 
affect direct spending or receipts, so pay-as-you-go procedures 
would not apply. The bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and could benefit state, local, or tribal 
governments. Any costs incurred by state, local, or tribal 
governments would be the result of complying with grant 
conditions and would be voluntary.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    For this estimate, CBO assumes that the amounts authorized 
in H.R. 1248 will be appropriated by the start of each fiscal 
year, and that spending would follow the historical rates for 
these or similar programs. The estimated budgetary impact of 
H.R. 1248 is shown in the following table. The costs of this 
legislation fall within budget functions 550 (health) and 750 
(administration of justice).

                                     By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
                                                              2000     2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law                                      436        6        6        0        0        0
for Violence Against Women Programs
  Authorization Level 1,2
  Estimated Outlays                                             431      348      178        5        2        0

Proposed Changes                                                  0      631      706      746      877      609
  Authorization Level
  Estimated Outlays                                               0      155      425      665      765      778

Spending Under H.R. 1248                                        436      637      712      746      877      609
for Violence Against Women Programs
  Authorization Level \1\
  Estimated Outlays                                             431      503      603      670      767      778
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year for the programs authorized by H.R. 1248.
\2\ The 2001 and 2002 levels are the amounts authorized in current law for these programs.

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    The bill contains no intergovernmental or private-sector 
mandates as defined in UMRA and could benefit state, local, or 
tribal governments. The bill would authorize the appropriation 
of about $3.6 billion in grants over the 2001-2005 period to 
these governments and certain nonprofit entities. Any costs 
incurred by state, local, or tribal governments would be the 
result of complying with grant conditions and would be 
voluntary.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (202) 226-2860
Impact on State, Local, and Tribal Governments: Shelley 
        Finlayson (202) 225-3220
Impact on the Private Sector: John Harris (202) 226-2618

                         ESTIMATE APPROVED BY:

Robert A. Sunshine
Assistant Director for Budget Analysis

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title.
    Section 1 states that the short title of the bill is the 
``Violence Against Women Act of 2000'' and provides a Table of 
Contents for the act.
Section 2. Definitions.
    Subsection 2(a) amends section 2003(1) of the Omnibus Crime 
Control and Safe Streets Act of 1968 and section 2105(1) of the 
Omnibus Crime Control and Safe Streets Act of 1968 by defining 
``domestic violence'' as 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 or the jurisdiction.
    Subsection 2(b) amends section 2003(2) of the Omnibus Crime 
Control and Safe Streets Act of 1968 by stating that ``Indian 
country'' has the same meaning as it is given by section 1151 
of title 18, United States Code.
    Subsection 2(c) amends section 2003 of the Omnibus Crime 
Control and Safe Streets Act of 1968 by defining ``stalking'' 
as 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.
    Subsection 2(d) amends section 2003(7) of the Omnibus Crime 
Control and Safe Streets Act of 1968 by defining ``underserved 
populations'' as 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.
    Subsection 2(e) amends section 2003 of the Omnibus Crime 
Control and Safe Streets Act of 1968 by defining ``domestic 
violence coalition'' as a statewide 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.
    Subsection 2(f) amends section 2003 of the Omnibus Crime 
Control and Safe Streets Act of 1968 by defining the term 
``sexual assault coalition'' as a statewide, 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.
    Subsection 2(g) amends section 2003 of the Omnibus Crime 
Control and Safe Streets Act of 1968 by defining the term 
``dating violence'' as violence committed by a person: (A) who 
is or has been in a social relationship of a romantic or 
intimate nature with the victim; and (B) where the existence of 
such a relationship shall be determined based on 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 (S.T.O.P.) Grants to Combat 
        Violence Against Women.
            Section 101. Reauthorization.
    Section 101 amends section 1001(a)(18) of the Omnibus Crime 
Control and Safe Streets Act of 1968 by authorizing 
$185,000,000 for FY 2001 through FY 2003, and $195,000,000 for 
FY2004 and FY 2005.
            Section 102. Technical Amendments.
    Subsection 102(a) amends section 2002(c)(3) of the Omnibus 
Crime Control and Safe Streets Act of 1968, specifying that to 
qualify for S.T.O.P. grant funds States shall be required to 
certify that 50 percent of any funds distributed are to be 
allocated to grants for law enforcement, prosecution, and State 
and local court systems and that 35 percent of any funds 
distributed are to be allocated for victims' services.
    Subsection 102(b) amends section 2002(e) of the Omnibus 
Crime Control and Safe Streets Act of 1968 by reallotting 
unspent or unobligated funds at the end of the 9th month of any 
fiscal year to the current fiscal year recipients in the victim 
serves area. This section also allows the Attorney General to 
waive the qualification requirements of section 2002(c)(3) for 
the first 2 fiscal years following the enactment of this act at 
the request of grantees currently funded under this section.
    Subsection 102(c) amends section 2001(b) of the Omnibus 
Crime Control and Safe Streets Act of 1968 by incorporating 
dating violence into certain purposes for which grants may be 
used. It also adds three new such purposes relating to 
developing, enlarging, and strengthening State and local court 
programs; training sexual assault forensic medical personnel 
examiners; and, supporting the development of sexual assault 
response teams.
    Subsection 102(d) amends section 2002 of the Omnibus Crime 
Control and Safe Streets Act of 1964 by redesignating 
subsections and adding a provision allowing the Attorney 
General to deny applications that do not meet the requirements 
of subsections (c) and (d) and for failure to provide 
documentation of any collaborative efforts with other agencies 
or organizations.
    Subsection 102(e) amends section 2003(8) of the Omnibus 
Crime Control and Safe Streets Act of 1964 by striking 
``assisting domestic violence or sexual assault victims through 
the legal process'' and inserting ``providing advocacy and 
assistance for victims seeking legal, social, and abuse-related 
health care services'' and also inserting ``except that such 
term shall not include programs or activities that are targeted 
primarily for offenders.''
    Subsection 102(f) amends section 2002 (b)(1) of the Omnibus 
Crime Control and Safe Streets Act of 1968 by increasing to 5 
percent the minimum amount available to Indian tribal 
governments.
    Subsection 102(g) amends section 2005(b)(3) of the Omnibus 
Crime Control and Safe Streets Act of 1968 by clarifying that 
grantees may not condition reimbursement to victims for rape 
exam payments 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.
    Subsection 102(h) amends section 2002(a) of the Omnibus 
Crime Control Act of 1968 by clarifying that State and local 
courts are eligible grantees for State grants.
    Subsection 102(i) amends section 2001(b)(4) of the Omnibus 
Crime Control Act of 1968 by incorporating the reporting of 
information to the National Instant Criminal Background Check 
System as a purpose for which the grants may be used.
            Section 103. State Coalition Grants.
    Section 103 amends section 2001 of the Omnibus Crime 
Control and Safe Streets Act of 1968 by directing the Attorney 
General to make grants available to the domestic violence and 
sexual assault coalitions in each State for purposes of 
coordinating State victim services activities, and 
collaborating and coordinating with Federal, State, and local 
entities engaged in violence against women activities. Further, 
this section provides that each coalition shall receive not 
less than 2.5 percent of funds appropriated, and specifies 
additional aspects of geographical allotment, component 
eligibility, and application requirements.
            Section 104. Full Faith and Credit Enforcement of 
                    Protection Orders.
    Section 104 amends 2101(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 and adds enforcement of protection 
orders to the list of eligible purposes for Grants to Encourage 
Arrest Policies, and adds certain requirements with respect to 
enforcement of protection orders that grantees must meet to be 
eligible for funding. It further requires States in their 
application to describe a plan for the enforcement of 
protection orders from other States and jurisdictions including 
cooperative agreements and data collection systems. It also 
requires States to certify that their laws do not require 
victims to bear the costs of filing of criminal charges or 
civil remedies.
            Section 105. Filing Costs for Criminal Charges/S.T.O.P. 
                    Grant Program
    Section 105 adds a requirement to S.T.O.P. grant funding 
requirements that a State certify that their laws do not 
require victims to bear the costs of filing of criminal charges 
or civil remedies.
            Section 106. Elder Abuse, Neglect, and Exploitation.
    Section 106 authorizes a program whereby the Attorney 
General shall make grants to law school clinical programs, and 
shall develop curricula for and offer training programs to 
assist law enforcement officers and prosecutors, to address 
issues of elder abuse, neglect, and domestic violence and 
sexual assault against older or disabled individuals.
Subtitle B. National Domestic Violence Hotline.
            Section 111. Reauthorization.
    This section amends section 316(f) of the Family Violence 
Prevention and Services Act by authorizing $1,600,000 for FY 
2001; $1,800,000 for FY 2002; and, $2,000,000 for each year 
from FY2003 through FY2005.
            Section 112. Technical Amendments.
    This section amends section 316 of the Family Violence 
Prevention and Services Act by adding that all entities 
receiving funds shall, within 90 days, prepare and submit a 
report to the Secretary that evaluates the effectiveness of the 
use of the amounts.
Subtitle C. Battered Women's Shelters and Services
            Section 121. Short Title.
    Section 121 designates the short title of Subtitle C as the 
``Battered Women's Shelters and Services Act.''
            Section 122. Authorization of Appropriations for Family 
                    Violence Prevention and Services.
    This section amends section 310(a) of the Family Violence 
Prevention and Services Act by authorizing $120,000,000 for 
FY2001, $160,000,000 for FY2002, $200,000,000 for FY2003, and 
$260,000,000 for FY2004 through FY2005 to carry out this title.
            Section 123. Family Violence Prevention and Services Act 
                    Improvements.
    Subsection 123(a) amends section 304(a) of the Family 
Violence Prevention and Services Act by inserting ``$500,000, 
with the remaining funds to be allotted to each State in'' 
after ``grant authorized under section 303(a)''.
    Subsection 123(b) amends section 304(d) of the Family 
Violence Prevention and Services Act by (1) inserting ``or 
Indian tribe or tribal organization under section 303(b)'' 
after ``to such State in grants under section 303(a)''; (2) 
inserting ``or Indian tribe or tribal organization, or other 
entity'' after ``failure of such State''; (3) inserting ``and 
Indian tribes and tribal organizations'' after ``such amount to 
States''; (4) inserting ``proportionate to the original 
allocation made under subsection (a) or (b) of section 303, 
respectively'' after ``which meet such requirements''; (5) 
inserting a new paragraph that states that if after the sixth 
month of any fiscal year that any amount allotted to an entity 
that has not been made available in a grant due to a failure to 
meet the requirement or limit reached, the money shall be 
reallotted to States and Indian tribes and tribal organizations 
that meet the requirement.
    Subsection 123(c) amends section 308(a)(2) of the Family 
Violence Prevention and Services Act by inserting ``on 
providing training and technical assistance'' after 
``focusing'' and inserting at the end that the Secretary may 
award grants for technical assistance and training initiatives 
to nonprofit, nongovernmental organizations not exceeding 
$500,000.
    Subsection 123(d) amends section 308(c) of the Family 
Violence Prevention and Services Act to establish additional 
eligibility requirements relating to providing technical 
assistance and training to local domestic violence programs 
that provide shelter or related assistance; improving access to 
services, information, and training within Indian tribes and 
tribal organizations; responding to emerging issues in the 
field of domestic violence; and clarifying that nothing in this 
section shall prohibit the Secretary from making multiple 
grants to any nonprofit, nongovernmental entity.
    Subsection 123(e) amends section 309(1)(B) of the Family 
Violence Prevention and Services Act by inserting ``with whom 
such person is or has been in a continuing social relationship 
of a romantic or intimate nature,'', before ``or with whom''.
    Subsection 123(f) amends section 310(c) of the Family 
Violence Prevention and Services Act by inserting ``the lesser 
of $7,500,000 or'' after ``for each fiscal year''.
    Subsection 123(g) amends section 310(d) of the Family 
Violence Prevention and Services Act by inserting ``the lesser 
of $22,000,000 or'' and by inserting language at the end that 
directs the Secretary to designate that after the appropriation 
under this subsection exceeds $11,000,000, 20 percent of these 
funds shall be made available in the amounts necessary to State 
domestic violence coalitions for providing technical assistance 
and training and direct assistance in the following areas: (1) 
Model leadership grants for domestic violence intervention in 
underserved populations (2) Direct emergency assistance to 
victims of domestic violence, technical assistance (3) training 
for State, local, and tribal domestic violence programs.
    Subsection 123(h) amends section 308(e) of the Family 
Violence Prevention and Services Act by inserting language that 
directs all entities receiving funds pursuant to the activities 
under this section to, within 90 days after the enactment of 
this act, prepare and submit a report to the Secretary that 
evaluates the effectiveness of the use of the amounts received.
    Subsection 123(i) amends section 307(a) of the Family 
Violence Prevention and Services Act by inserting language that 
allows the Secretary to deny any application that fails to 
provide documentation of the specific involvement of the State 
or tribal domestic violence coalition. (j) This section amends 
section 303(b) of the Family Violence Prevention Services Act 
by inserting language that requires that, from the amounts made 
available under paragraph (1), the Secretary shall award not 
less than 5 percent of such amounts for the funding of tribal 
domestic violence coalitions.
            Section 124. Transitional Housing Assistance for Victims of 
                    Domestic Violence.
    Section 124 would authorize the Attorney General to award 
grants to States, units or local government, and Indian tribes 
under this section to carry out programs to provide assistance 
to individuals and their dependents who are homeless or in need 
of transitional housing or other housing assistance, as a 
result of fleeing domestic violence, and for whom emergency 
shelter services are unavailable or insufficient. Any 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. $25,000 is 
authorized to be appropriated for this program in FY 2001 
through 2003, and $30,000,000 for FY 2004 and 2005.
Subtitle D. Community Initiatives
            Section 131. Grants for Community Initiatives.
    Subsection 131(a) amends section 318(h) of the Family 
Violence Prevention and Services Act by authorizing $8,000,000 
for FY2001, $9,000,000 for FY2002, $10,000,000 for FY2003, 
$11,000,000 for FY2004, and $12,000,000 for FY2005.
    Subsection 131(b) amends subsection (i) of section 318 of 
the Family Violence Prevention and Services Act by adding 
language that directs the Secretary to annually compile and 
broadly disseminate information about the use of funds and 
about the projects funded under this section.
Subtitle E. Education and Training for Judges and Court Personnel
            Section 141. Reauthorization.
    Section 141 amends section 40412 of the Equal Justice for 
Women in the Courts Act of 1994 authorizing $1,500,000 for each 
of the fiscal years 2001 through 2005 for grants for education 
and training for Judges and court personnel in State Courts and 
$500,000 for each of the fiscal years 2001 through 2004 for 
grants for education and training for Judges and court 
personnel in Federal Courts and adds three areas of training 
eligible for grant use.
Subtitle F. Grants to Encourage Arrest Policies
            Section 151. Reauthorization.
    This section amends section 1001(a)(19) of the Omnibus 
Crime Control and Safe Streets Act of 1968 by authorizing 
grants to encourage arrest policies in the amount of 
$63,000,000 for FY2001, $67,000,000 for FY2002, $70,000,000 for 
each of the fiscal years 2003 through 2005.
            Section 152. Technical Amendments.
    This section amends section 2101 of the Omnibus Crime 
Control and Safe Streets Act of 1968 to provide grant funding 
for dating violence training initiatives in certain 
circumstances, and by adding a section that calls for 5 percent 
of the funds appropriated under 1001(a)(19) to be used for 
grants to Indian tribal governments.
Subtitle G. Rural Domestic Violence Child Abuse Enforcement
            Section 161. Reauthorization.
    Section 161 amends section 40295(c)(1) of the Safe Homes 
for Women Act of 1994 by authorizing $35,000,000 for each of 
the fiscal years 2001 through 2005 for rural domestic violence 
child abuse enforcement.
            Section 162. Technical Amendments.
    Section 162 amends the Safe Homes for Women Act of 1994 by 
adding a section that calls for at least 5 percent of the funds 
appropriated under paragraph (1) to be used for grants to 
Indian tribal governments and which also incorporates dating 
violence as eligible for funding under the program.
Subtitle H. National Stalker and Domestic Violence Reduction
            Section 171. Technical Amendments.
    Section 171 amends section 40602(a) of the Violence Against 
Women Act of 1994 to allow the Attorney General to provide 
grants both to implement and improve certain processes detailed 
in Section 172 (below).
            Section 172. Reauthorization.
    Section 172 amends section 40603 of the Violence Against 
Women Act of 1994 by authorizing $3,000,000 for each of the 
fiscal years 2001 through 2005 for grants to States and units 
of local government to improve local, State, and national crime 
information databases.
Subtitle I. Federal Victims' Counselor
            Section 181. Reauthorization.
    Section 181 amends section 40114 of the Safe Streets for 
Women Act of 1994 by authorizing $1,000,000 for each of the 
fiscal years 2001 through 2005 for United States Attorneys for 
the purpose of appointing Victim/Witness Counselors for the 
prosecution of domestic violence and sexual assault of crimes.
Subtitle J. Education and Prevention Grants to Reduce Sexual Abuse of 
        Runaway, Homeless, and Street Youth
            Section 191. Reauthorization.
    Section 191 amends section 316(c) of the Runaway and 
Homeless Youth Act by authorizing $22,000,000 for each of the 
fiscal years 2001 through 2005.
            Section 192. Dissemination of Information.
    Section 192 amends section 316 of part A of the Runaway and 
Homeless Youth Act by directing the Secretary to annually 
compile and broadly disseminate information about the use of 
funds and evaluations of the projects funded under this 
section.
Subtitle K. Victims of Child Abuse Programs
            Section 193. Reauthorization of Court-Appointed Special 
                    Advocate Program
    Section 193 amends section 218(a) of the Victims of Child 
Abuse Act of 1990 by authorizing $12,000,000 for each of the 
fiscal years 2001 through 2005.
            Section 194. Reauthorization of Child Abuse Training 
                    Programs for Judicial Personnel and Practitioners.
    Section 194 amends section 224(a) of the Victims of Child 
Abuse Act of 1990 by authorizing $2,300,000 for each of the 
fiscal years 2001 through 2004.
            Section 195. Reauthorization of Grants for Televised 
                    Testimony.
    Section 195 amends section 1001(a)(7) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 by 
authorizing $1,000,000 for each of the fiscal years 2001 
through 2005.
            Section 196. Dissemination of Information.
    Section 196 amends section 40156 of the Violence Against 
Women Act of 1994 by directing the Attorney General to annually 
compile and broadly disseminate information about the use of 
funds and about the projects funded under this section.

                  Title II. Sexual Assault Prevention.

            Section 201. Transfer of Rape Prevention and Education 
                    Program.
    This section amends part J of title III of the Public 
Health Service Act by inserting a new section establishing a 
grant program to be used for rape prevention and education 
programs conducted by rape crisis centers and private nonprofit 
nongovernmental State and tribal sexual assault coalitions. The 
grants will be distributed on the basis of the population of 
the State and not more than 5 percent shall be used by the 
Secretary for administrative and technical assistance. This 
section also provides that at such time as appropriations under 
subsection (c) reach at least $80,000,000, the Secretary of 
Health and Human Service shall establish a National Resource 
Center through the National Center for Injury Prevention at the 
Centers for Disease Control and Prevention 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. The following funding is authorized: $80,000,000 for 
FY2001; $105,000,000 for each of fiscal years 2002 and 2003; 
and, $155,000,000 for each of fiscal years 2004 and 2005 in 
order to carry out this section.
            Section 202. Rape Prevention Education.
    Section 202 repeals section 1910A of the Public Health and 
Human Services Act.
            Section 203. Sexual Assault and Interpersonal Violence; 
                    Demonstration Projects.
    Section 203 amends section 393 of the Public Health Service 
Act by specifying that certain demonstration projects 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, identify victims of such 
violence, collect physical evidence, and provide information 
and appropriate referrals to rape crisis center programs and 
victim service providers.

              Title III--Other Domestic Violence Programs

Subtitle A. Strengthening Services to Victims of Violence
            Section 301. Civil Legal Assistance for Victims.
    Section 301 authorizes 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. 
The following funding is authorized for this program: 
$35,250,000 in FY 2001; $40,000,000 in FY 2002; $45,000,000 in 
FY 2003; $50,000,000 in FY 2004; and, $55,000,000 in FY 2005.
Subtitle B. Limiting the Effects of Violence on Children
            Section 305. Safe Havens For Children Pilot Program.
    Section 305 authorizes the Attorney General to 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. 
$15,000,000 is authorized for this program for fiscal years FY 
2001 and FY 2002.
Subtitle C--Protections Against Violence and Abuse for Women with 
        Disabilities
            Section 310. Findings.
    Section 310 makes a number of findings concerning women 
with disabilities and domestic violence.
            Section 311. Omnibus Crime Control and Safe Streets Act of 
                    1968.
    Section 311 incorporates into the scope of victims services 
programs that address the issue of violence and abuse suffered 
by women with disabilities.
            Section 312. Violence Against Women Act.
    Section 312 amends the Education and Training for Judges 
and Court Personnel in State Courts programs to allow funding 
for programs that address violence against persons with 
disabilities.
            Section 313. Grants for Technical Assistance.
    Section 313 authorizes the Attorney General to 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. $10,000,000 is 
authorized for this program for fiscal years 2001 through 2005.
Subtitle D--Standards, Practice, and Training for Sexual Assault 
        Examinations
            Section 315. Short Title.
    Section 315 states the short title as the ``Standards, 
Practice, and Training for Sexual Assault Forensic Examinations 
Act''.
            Section 316. Standards, Practice, and Training for Sexual 
                    Assault Forensic Examinations Act.
    Section 316 requires the Attorney General to evaluate 
existing standards of training and practice for licenses health 
care professionals performing sexual assault forensic 
examinations and develop a national recommended standard for 
training; recommend sexual assault forensic examination 
training for all health care students; and, review existing 
protocols on sexual assault forensic examinations and develop a 
recommended national protocol and establish a mechanism for its 
nationwide dissemination. $200,000 is authorized to carry out 
this evaluation for FY 2001.
Subtitle E. Domestic Violence Task Force
            Section 320. Domestic Violence Task Force.
    Section 320 requires the Attorney General to establish a 
task force to coordinate research on domestic violence and to 
report to Congress on any overlapping or duplication of efforts 
among the Federal agencies that address domestic violence. 
$500,000 is authorized for each of fiscal years 2001 through 
2004 to carry out this section.

                              Agency Views

                        U.S. Department of Justice,
                             Office of Legislative Affairs,
                                     Washington, DC, July 13, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Chairman Hyde: This letter provides the views of the 
Department of Justice on H.R. 1248, the Violence Against Women 
Act (VAWA II), introduced by Congresswoman Morella and passed 
by the House Subcommittee on Crime. This legislation would 
reauthorize the critically important programs created in 1994 
by the original VAWA and by subsequent legislation. The 
Department of Justice supports this legislation, with the 
amendments discussed below, and appreciates the time and 
dedication that you and Congressman Conyers have devoted to 
fighting violence against women.
    During the last six years, the Violence Against Women Act 
has made a crucial difference in the lives of countless women 
and children. In implementing the Act, the Department of 
Justice (DOJ) and the Department of Health and Human Services 
(HHS) have worked together and with communities to expand 
prevention efforts, enhance the safety of more victims, and 
hold perpetrators of violence against women accountable for 
their acts.
    Domestic violence occurs in all communities, crossing 
ethnic, racial, age, national origin, religious, sexual 
orientation, and socioeconomic lines. While domestic violence 
crosses gender lines as well, more than 85% of victimizations 
by intimate partners from 1993-1998 were perpetrated against 
women, according to the most recent study by the Bureau of 
Justice Statistics.\1\ Domestic violence is also devastating 
for children, who often suffer physical, emotional, or 
developmental effects from experiencing or witnessing family 
violence. Because domestic violence is so pervasive in our 
families, we must continue to support comprehensive community-
based efforts to keep victims safe and hold offenders 
accountable.
---------------------------------------------------------------------------
    \1\ Bureau of Justice Statistics, U.S. Department of Justice, 
Intimate Partner Violence 3 (2000).
---------------------------------------------------------------------------
    Under the violence against women grant programs, DOJ has 
awarded more than $800 million in grant funds, making over 900 
discretionary grants and 280 STOP (Services, Training, 
Officers, Prosecutors) formula grants to the states and 
territories. These grant programs help state, tribal, and local 
governments and community-based agencies to train personnel, 
enforce laws, develop policies and procedures, establish 
specialized domestic violence and sexual assault units, assist 
victims of violence, and hold perpetrators accountable. More 
than 6,500 STOP subgrants have supported community partnerships 
among police, prosecutors, victim advocates, and others to 
address violence against women. To date, DOJ has prosecuted 
more than 250 cases in the federal system involving interstate 
domestic violence, interstate stalking, interstate violation of 
a protection order, or possession of a firearm while subject to 
a protection order or after conviction for a misdemeanor crime 
of domestic violence.
    The programs and initiatives that we have established 
together are only the beginning of our struggle to end violence 
against women in our nation. Violence still devastates the 
lives of many women and their children. Nearly one-third of the 
women murdered each year are killed by their intimate partners, 
and violence by intimate partners accounts for over 20 percent 
of all violent crimes against women. Approximately one million 
women are stalked each year, and women were raped and sexually 
assaulted 307,000 times in 1998 alone. We therefore urge you to 
continue your unprecedented bipartisan leadership on this 
issue.
    In its current form, H.R. 1248 is an important step toward 
our mutual goal of re-authorizing and improving VAWA. We are 
pleased that the legislation would authorize critical VAWA 
grant programs including some through fiscal year 2005. Based 
on our experience administering the VAWA grant programs over 
the past six years, we believe that a predictable federal 
commitment to continued funding is essential to encourage 
communities to develop and implement long-term partnerships to 
combat violence against women. We also strongly support 
improvements that the bill would make to these programs, 
including improving the definition of ``victim services,'' 
creating five percent set-asides for grants to Indian tribal 
governments under the VAWA grant programs, and expanding the 
STOP Grant Program purpose areas to include courts, sexual 
assault medical examiners, and sexual assault response teams.
    While we strongly support the effort to re-authorize the 
VAWA grant programs, many key improvements to these programs 
and other VAWA provisions, however, have not been included in 
this legislative proposal. We urge the House Judiciary 
Committee to amend the bill to strengthen our efforts to end 
violence against women. We have provided a detailed description 
of proposed amendments in the attached section-by-section 
comments. We would urge you in particular to address the 
following key issues:
    First, the Department recommends that the bill be revised 
to extend reauthorization of all of the Violence Against Women 
Act grant programs to 2005. With the exception of four programs 
(the Grants to Encourage Arrest Policies Program, the National 
Domestic Violence Hotline, the Battered Women's Shelters and 
Services Program, and the Rape Prevention Education Program), 
the bill currently only reauthorizes the VAWA programs through 
2004. We urge you to assure grant recipients that all the VAWA 
grant programs will be maintained for at least five more years, 
and to ensure that the authorization is consistent throughout 
the bill. In addition, we strongly recommend that the bill 
extend the authorization for the Grants to Combat Violent 
Crimes Against Women on Campuses Program, currently authorized 
under the Higher Education Amendments of 1998, through 2005 and 
make a few technical amendments to the authorizing statute for 
that program.
    Second, we oppose the removal of the language that is in 
H.R. 1248 as introduced that would have permitted VAWA grantees 
to target dating violence in all jurisdictions. The need for 
including dating relationships in the definition of domestic 
violence under the Department of Justice's VAWA grant programs 
is amply supported by Bureau of Justice Statistics (BJS) data 
that indicate that domestic violence occurs at alarmingly high 
rates among young persons aged 16-24 and among non-married 
partners in general. See Bureau of Justice Statistics, U.S. 
Department of Justice, Intimate Partner Violence 4, 10 (2000). 
Federal VAWA funds are intended to assist communities in 
addressing the specific problems that they confront related to 
violence against women. Where local community members identify 
dating violence as a pressing need, critical resources should 
be available under VAWA to respond. We urge you to include 
amendments covering dating violence in all jurisdictions to the 
definitions of ``domestic violence'' under the STOP Formula 
Grant Program, the Grants to Encourage Arrest Policies Program, 
and the Grants to Combat Violent Crimes Against Women on 
Campuses Program. In particular, we note that such an amendment 
to the Campus Program authorizing language already has been 
included in the VAWA II bill under consideration in the Senate. 
Similarly, we urge you to make a parallel amendment to the 
definition of ``spouse or intimate partner'' in 18 U.S.C. 
Sec. 2266 to cover dating relationships under the federal 
criminal offenses created by VAWA and subsequent legislation.
    Third, we urge that you adopt other proposed Title 18 
amendments that would strengthen and clarify the VAWA and VAWA-
related criminal provisions. While U.S. Attorney's offices 
nationwide have prosecuted and continue to prosecute cases 
involving these crimes, the proposed amendments are designed to 
remove obstacles to federal prosecution reported from federal 
prosecutors and will improve our impact on this nationwide 
crime problem. While our jurisdiction to prosecute these cases 
remains settled, limitations now arise from the statutory 
language that unduly hampers DOJ's prosecutions. The Title 18 
amendments that we propose, most of which are included in the 
bill currently under consideration in the Senate, not only 
would improve the effectiveness of our prosecutions but also 
would better protect Native American victims of violence 
against women.
    Fourth, we strongly recommend including language that would 
authorize the Domestic Violence Victims' Civil Legal Assistance 
Grant Program and would extend the assistance funded by that 
program to victims of sexual assault and stalking. The 
authorizing legislation should describe explicitly the types of 
civil legal assistance that could be supported under the 
program. We support Representative Lowey's efforts to address 
this issue, and we would be happy to work with your staff on 
modifying H.R. 4663 for inclusion in H.R. 1248.
    Fifth, the Department supports adding Section 234(d)(1) of 
H.R. 357 to the bill. This provision would expand emergency 
jurisdiction under the federal Parental Kidnaping Prevention 
Act (PKPA) to include domestic violence, and thereby make the 
PKPA consistent with the model uniform state law on interstate 
custody jurisdiction, the Uniform Child Custody Jurisdiction 
and Enforcement Act (UCCJEA). This amendment would enhance the 
ability of victims fleeing abuse with their children to obtain 
custody orders without returning to dangerous jurisdictions.
    Sixth, we also strongly support amendments to VAWA's full 
faith and credit provision that would prohibit requiring 
registration of foreign protection orders as a prerequisite to 
enforcement of foreign orders, prohibit notification of a 
batterer without the victim's consent when a foreign protection 
order is registered in a new jurisdiction, reinforce that 
protection orders issued by tribes are entitled to full faith 
and credit, and make it clear that Indian tribes have 
jurisdiction to enforce protection orders against Indian and 
non-Indian offenders. Similarly, we support language clarifying 
that custody and support orders within protection orders are 
entitled to full faith and credit when they comply with 
interstate custody and support laws.
    Seventh, the Department strongly supports amendments that 
would protect battered immigrants. Although VAWA contains 
provisions that were designed to free battered immigrants from 
abusers who misused immigration laws to coerce, intimidate, and 
control their spouses and children, subsequent legislation has 
inadvertently eroded the efficacy of those original provisions. 
We urge you to correct this problem. The Administration's crime 
bill includes improved protections for battered immigrants, as 
does the bill under consideration in the Senate.
    Eighth, the Department supports a new grant program to fund 
supervised visitation centers that would help keep families 
safe and protect children from violence by creating safe places 
for visitation and exchange of children. We have provided your 
staff with language based on the supervised visitation grant 
program in H.R. 357. We also note that the bill under 
consideration by the Senate would establish a Safe Havens for 
Children pilot program to provide for such secure environments.
    Thank you again for your hard work to assist victims of 
domestic violence, sexual assault, and stalking and to hold 
offenders accountable. This Administration is deeply committed 
to continuing the progress that has been made in confronting 
violence against women. We look forward to working with the 
Committee as it considers these and other issues raised by the 
revised bill. The Office of Management and Budget has advised 
that there is no objection to the presentation of this report 
from the standpoint of the Administration's program.
            Sincerely,
                  Robert Raben, Assistant Attorney General.

                      Section-by-Section Analysis

                    H.R. 1248 as passed Subcommittee

Section 2. DEFINITIONS
    The Department strongly opposes the removal of the language 
in H.R. 1248 as introduced that would have permitted VAWA 
grantees to target dating violence in all jurisdictions. Under 
section 2(a)(1) and (2), after ``by a person who is cohabiting 
with or has cohabited with the victim,'' we suggest inserting 
``by a person who is or has been in a social relationship of a 
romantic or intimate nature with the victim.'' We recommend 
making this modification to the definitions of ``domestic 
violence'' and ``intimate partner'' everywhere they appear in 
the bill and in the original VAWA, so that the grant programs 
and the interstate domestic violence and stalking crimes may 
cover dating violence, regardless of jurisdiction.\2\
---------------------------------------------------------------------------
    \2\ In addition, as noted in our cover letter, we urge Congress to 
make a number of amendments to Title 18 to enhance the ability of 
federal law enforcement officials to combat interstate domestic 
violence, sexual assault and stalking. We are submitting proposed 
language for these amendments to Title 18, including an amendment to 18 
U.S.C. Sec. 2266's definition of ``spouse or intimate partner'' to 
cover dating relationships under the federal criminal offenses created 
by VAWA and subsequent legislation.
---------------------------------------------------------------------------
    In section 2(b) the current definition of ``Indian 
country'' excludes Alaskan tribes (with one exception). In 
Alaska v. Native Village of Venetie, 118 S. Ct. 948 (1998) the 
Supreme Court interpreted the term ``Indian country'', and 
Congress made the definition clear in 18 U.S.C. Sec. 1151. The 
current language proposes a \1/54\ allotment for sexual assault 
coalitions ``in Indian country.'' Therefore, if section 2(b) is 
not changed, the proposed State Coalition Grant program (Sec. 
103) will exclude Alaskan tribes. We would recommend the same 
language change also be made everywhere ``Indian country'' is 
defined in the bill.
    We are concerned that the term ``stalking'' in section 2(c) 
is defined too narrowly. This definition applies to grant 
programs that address stalking, and the definition should be 
written to allow grantees to target all forms of stalking, even 
where the stalking behavior appears innocuous to the outside 
observer--such as someone continuing to send messages after 
being told not to do so by the victim, even where the messages 
do not contain a specific threat. For example, the ``reasonable 
fear of death or serious bodily injury'' standard is too high. 
In some instances the stalker's intent is to harass and cause 
psychological distress. This behavior may escalate to more 
overtly threatening behavior, and law enforcement must be able 
to intervene at the early stages to protect victims and to 
terminate the stalking behavior. In addition, some stalkers 
have used the Internet to post malicious and harassing messages 
about their victims, but again, this behavior may not rise to 
the level of ``causing fear of death or serious bodily 
injury.'' Therefore, we recommend replacing this definition 
with the definition that originally appeared in H.R. 1248, with 
the following modifications:

          a) insert ``or that would cause a reasonable person 
        to have a high level of fear'' after ``that would cause 
        a reasonable person to fear death, sexual assault, or 
        bodily injury to such person or a member of such 
        person's immediate family,'';
          b) insert ``or has knowledge or should have knowledge 
        that the specific person will have a high level of 
        fear'' after ``knowledge that the specific person will 
        be placed in reasonable fear of death, sexual assault, 
        or bodily injury to such person or a member of such 
        person's immediate family''; and
          c) insert ``or induces a high level of fear in the 
        specific person'' after ``induces fear in the specific 
        person of death, sexual assault, or bodily injury to 
        such person or a member of such person's immediate 
        family.''

    The Department opposes the deletion of ``sexual 
orientation, religion, and alienage status'' from the 
definition of ``underserved populations'' that appeared in 
section 2(d) of H.R. 1248 as introduced. Culturally appropriate 
services are needed in all parts of the criminal and civil 
justice systems. By explicitly including these traditionally 
underserved populations, the bill would help communities 
nationwide to improve the accessibility and appropriateness of 
their services.

  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.
    The Department strongly supports reauthorization of the 
STOP Formula Grant Program, but we recommend that the 
authorization for this program be extended to fiscal year 2005.
            Sec. 102. Technical Amendments.
    This section would make several important improvements to 
the STOP Formula Grant Program. In particular, we strongly 
support the provisions in this section that would increase the 
set-aside for tribal governments from four percent to five 
percent, clarify the definition of victim services, and provide 
that reimbursement of sexual assault survivors for forensic 
medical exams is not contingent upon the victim's report to law 
enforcement or cooperation in the prosecution of the 
perpetrator.
    We are concerned, however, that the proposed allocation 
percentages under the STOP Formula Grant Program will reduce 
the percentages of STOP funds that currently support law 
enforcement and prosecution grants. Under VAWA, 25% of STOP 
funds must support law enforcement and 25% must support 
prosecutors. This provision would allocate 50% of STOP funds to 
police, prosecutors, and judges. While we are in favor of 
establishing an allocation for courts under the program, we do 
not support reducing the allocation for law enforcement and 
prosecution in order to create such an allocation. Instead, we 
recommend allocating 25% each to law enforcement and 
prosecution, 10% to courts, and 30% to victim services. In 
section 102(a), we recommend inserting ``, tribal,'' after 
``State'' to clarify that grants may be awarded to tribal 
courts as well as to state and local courts.
    While we support a reallotment provision under the STOP 
Program, the reallotment deadline in section 102(b) of nine 
months into the fiscal year is unreasonable, given the 
processes that states have in place to award subgrants. The 
structure of the VAWA encourages the states to engage in a 
strategic planning process, which requires some time. After 
receiving their annual STOP award, states initiate their 
strategic planning process and then issue a subgrant 
solicitation as part of a competitive process for selecting 
STOP subgrantees. States would not be able to evaluate the 
quality of the applications received, make funding decisions, 
and reallocate unused funds effectively within nine months. We 
recommend instead allowing reallotment of any funds set aside 
for police, prosecution, and courts that remain unobligated as 
of the end of the next year after the fiscal year for which 
funds are appropriated. We therefore suggest replacing ``at the 
end of the 9th month of'' with ``at the end of the next fiscal 
year after'' in section 102(b).
    Under section 102(b) the purpose of proposed section 
2002(e)(3)(B) is unclear to us. If the goal is to prevent an 
adverse impact on victims due to the new percent allocation 
formula, the waiver should not be limited to the first two 
years following enactment of the legislation. This approach 
postpones, but does not eliminate, the adverse impact. In 
addition, as discussed above, we recommend inserting ``, 
tribal,'' after ``State'' on page 9, line 2, to clarify that 
grants may be awarded to tribal courts as well as to state and 
local courts.
    The Department supports the addition of purpose areas to 
the STOP Formula Grant Program in section 102(c) that would 
address training for judges and court personnel, training for 
sexual assault medical examiners on collecting evidence and 
working with victims, and developing sexual assault response 
teams. However, we recommend inserting ``, tribal,'' after 
``State'' on page 9, line 19, and we recommend deleting 
``forensic'' on page 9, line 23.
    We believe that section 102(d) is unnecessary because we 
already have the authority to enforce compliance with grant 
program requirements. If certifications are not included at the 
application stage and the applicant receives an award, a 
special condition is included in the award that requires the 
submission of the certification, and grant funds are not 
available until the grantee has complied with the special 
condition. If a site visit later reveals that a grantee is not 
in compliance with certification, the grantee is required to 
comply immediately. Grant funds may be frozen if the grantee 
does not comply. However, if subsection (d) is not deleted, 
``document of any collaborative efforts'' should be 
``documentation of any collaborative efforts'' in the proposed 
section 2002(e)(2).
    The Department supports section 102(e), but we recommend 
inserting ``sexual assault, domestic violence, and stalking'' 
between ``providing advocacy and assistance for'' and ``victims 
seeking'' and adding the words ``and economic services'' to the 
list ``legal, social, and abuse-related health care services''. 
The revised phrase would read ``providing advocacy and 
assistance for sexual assault, domestic violence, and stalking 
victims seeking legal, social, and economic services, and 
abuse-related health care services.''
    We are concerned that section102(h) does not accomplish its 
intended goal. We believe the goal of this section is to amend 
section 2006(a)(1) of the STOP authorization to extend STOP's 
prohibition on protection order filing fees to civil protection 
orders not connected to a criminal case. However, inserting 
``civil or criminal'' does not accomplish this goal. The STOP 
regulations currently interpret this section as precluding 
charging for service of a protection order (civil or criminal) 
when it arises from an incident that is the subject of a 
criminal arrest or prosecution. To extend this requirement to 
all civil protection orders would require making the following 
changes to Section 2006(a)(1) (42 U.S.C. Sec. 3796gg-5(a)(1)):

          a) after the current language ``in connection with 
        the prosecution of any misdemeanor or felony domestic 
        violence offense,'' add ``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.'';
          b) after the current language ``or the costs 
        associated with'', add the word ``filing,'' before the 
        word ``issuance'', and add the word ``registration,'' 
        before ``or service.''; and
          c) after the current language ``warrant, protection 
        order,'' add ``petition.''

    In addition, at the very end of the current provision, we 
suggest adding, ``whether issued inside or outside of the 
jurisdiction.'' This would require states to serve both in-
state and out-of-state documents without charge to the victim. 
The new paragraph would read:

          ``(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, or a petition for 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, petition for a protection order, or witness 
        subpoena, whether issued inside or outside the State, 
        tribal, or local jurisdiction; or''
            Sec. 103. State Coalition Grants.
    The Department strongly recommends making the authorizing 
language discretionary by changing ``shall'' to ``may'' in 
proposed section 2001(c)(1), and we recommend changing the set-
aside to two percent.
    Under section 103, in the proposed section 2001(c)(3)(C), 
we recommend deleting ``nongovernmental'' and inserting ``or 
comparable programs'' after ``coalitions'' to ensure that 
tribes that do not have coalitions but have comparable public 
or private programs in place will receive the funding.
Subtitle E Education and Training for Judges and Court Personnel
            Sec. 141. Reauthorization.
    We strongly support this section, which would reauthorize 
important grants for education and training for judges and 
court personnel in state and federal courts. However, in 
proposed section 40412(20), the Department recommends changing 
``predominant'' to ``primary.'' While we recognize the word 
``predominant'' has been proposed in an attempt to overcome 
misunderstandings about the concept of primary aggressor, its 
use will be confusing for state and local judges and law 
enforcement because most state laws and trainings use the term 
``primary.''
    Additionally, the language proposed in section 141(a)(1)(C) 
seeks to describe ideas that are too complex to be conveyed in 
a statute and instead should be part of program implementation. 
For example, the phrase ``the legitimate reasons parents may 
report domestic violence'' suggests that there are also 
illegitimate reasons for parents to report domestic violence, 
whereas the goal of this phrase is to convey the need for 
judicial training to dispel the myth that such reports 
frequently are fabricated in child custody cases. We recommend 
revising these provisions to read: ``(20) the impact of 
domestic violence issues in custody and visitation cases; (21) 
sexual assault issues, with a focus on victim safety, in 
custody and visitation cases;''.
Subtitle F Grants to Encourage Arrest Policies
    We strongly support this subtitle, which would reauthorize 
the Grants to Encourage Arrest Policies Program through fiscal 
year 2005 and create a five percent set-aside under the program 
for Indian tribal governments.
Subtitle G Rural Domestic Violence and Child Abuse Enforcement
    This subtitle would reauthorize the Rural Domestic Violence 
and Child Victimization Enforcement Program through fiscal year 
2004 and would create a five percent set-aside for grants to 
Indian tribal governments under the Rural Program. We strongly 
support these provisions but recommend that the authorization 
for the program be extended to fiscal year 2005, as section 151 
would do for the Arrest Program.
Subtitle H National Stalker and Domestic Violence Reduction
    The Department supports this subtitle. These funds have not 
been reauthorized since FY 1998, but this is a priority funding 
area for the Bureau of Justice Statistics under the NCHIP 
program, and there is a great need for these funds for 
implementation of the full faith and credit provision of VAWA, 
as well as the VAWA-related gun provisions.
Subtitle I Federal Victims' Counselors.
            Sec. 181. Reauthorization.
    We strongly support the annual appropriation of $1 million 
to the Executive Office of the U.S. Attorneys for the purpose 
of funding federal victims' counselors, education, and 
prevention.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

          OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *

                            Part J--Funding

                    authorization of appropriations

    Sec. 1001. (a)(1) * * *

           *       *       *       *       *       *       *

    (7) There are authorized to be appropriated to carry out 
part N--
            (A) $250,000 for fiscal year 1996;
            (B) $1,000,000 for fiscal year 1997;
            (C) $1,000,000 for fiscal year 1998;
            (D) $1,000,000 for fiscal year 1999; [and]
            (E) $1,000,000 for fiscal year 2000[.]; and
            (F) $1,000,000 for each of the fiscal years 2001, 
        2002, 2003, 2004, and 2005.

           *       *       *       *       *       *       *

    (18) There are authorized to be appropriated to carry out 
part T--
            (A) $26,000,000 for fiscal year 1995;
            (B) $130,000,000 for fiscal year 1996;
            (C) $145,000,000 for fiscal year 1997;
            (D) $160,000,000 for fiscal year 1998;
            (E) $165,000,000 for fiscal year 1999; [and]
            (F) $174,000,000 for fiscal year 2000[.];
            (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.
    (19) There are authorized to be appropriated to carry out 
part U--
            (A) $28,000,000 for fiscal year 1996;
            (B) $33,000,000 for fiscal year 1997; [and]
            (C) $59,000,000 for fiscal year 1998[.];
            (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.

           *       *       *       *       *       *       *

         Part T--Grants To Combat Violent Crimes Against Women

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.

    (a) * * *
    (b) Purposes for Which Grants May Be Used.--Grants under 
this part shall provide personnel, training, technical 
assistance, data collection and other equipment for the more 
widespread apprehension, prosecution, and adjudication of 
persons committing violent crimes against women, and 
specifically, for the purposes of--
            (1) training law enforcement officers and 
        prosecutors to more effectively identify and respond to 
        violent crimes against women, including the crimes of 
        [sexual assault and domestic violence] sexual assault, 
        domestic violence, and dating violence;

           *       *       *       *       *       *       *

            (4) developing, installing, or expanding data 
        collection and communication systems, including 
        computerized systems, linking police, prosecutors, and 
        courts or for the purpose of identifying and tracking 
        arrests, protection orders, violations of protection 
        orders, prosecutions, and convictions for violent 
        crimes against women, including the crimes of sexual 
        assault and domestic violence, including the reporting 
        of such information to the National Instant Criminal 
        Background Check System;
            (5) developing, enlarging, or strengthening victim 
        services programs, including [sexual assault and 
        domestic violence] sexual assault, domestic violence, 
        and dating violence programs, developing or improving 
        delivery of victim services to racial, cultural, 
        ethnic, and language minorities, providing specialized 
        domestic violence court advocates in courts where a 
        significant number of protection orders are granted, 
        and increasing reporting and reducing attrition rates 
        for cases involving violent crimes against women, 
        including crimes of sexual assault and domestic 
        violence and forms of violence and abuse particularly 
        suffered by women with disabilities;
            (6) developing, enlarging, or strengthening 
        programs addressing stalking;
            (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
            [(7)] (10) developing, enlarging, or strengthening 
        programs addressing the needs and circumstances of 
        Indian tribes in dealing with violent crimes against 
        women, including the crimes of sexual assault and 
        domestic violence.
    (c) Grants.--
            (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. 2002. STATE GRANTS.

    (a) General Grants.--The Attorney General may make grants 
to States, for use by States, State and local courts, units of 
local government, nonprofit nongovernmental victim services 
programs, and Indian tribal governments for the purposes 
described in section 2001(b).
    (b) Amounts.--Of the amounts appropriated for the purposes 
of this part--
            (1) [4] 5 percent shall be available for grants to 
        Indian tribal governments;

           *       *       *       *       *       *       *

    (c) Qualification.--Upon satisfying the terms of subsection 
(d), any State shall be qualified for funds provided under this 
part upon certification that--
            (1) * * *

           *       *       *       *       *       *       *

            [(3) at least 25 percent of the amount granted 
        shall be allocated, without duplication, to each of the 
        following 3 areas: prosecution, law enforcement, and 
        victim services; and]
            (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

           *       *       *       *       *       *       *

    (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)] (f) Disbursement.--
            (1) * * *

           *       *       *       *       *       *       *

            (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.
    [(f)] (g) Federal Share.--The Federal share of a grant made 
under this subtitle may not exceed 75 percent of the total 
costs of the projects described in the application submitted.
    [(g)] (h) Indian Tribes.--Funds appropriated by the 
Congress for the activities of any agency of an Indian tribal 
government or of the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to 
provide the non-Federal share of the cost of programs or 
projects funded under this part.
    [(h)] (i) Grantee Reporting.--
            (1)  * * *

           *       *       *       *       *       *       *

SEC. 2003. DEFINITIONS.

    In this part--
            [(1) the term ``domestic violence'' includes felony 
        or misdemeanor crimes of violence 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 cohabitating with or has cohabitated with 
        the victim as a spouse, by a person similarly situated 
        to a spouse of the victim under the domestic or family 
        violence laws of the jurisdiction receiving grant 
        monies, or by any other adult person against a victim 
        who is protected from that person's acts under the 
        domestic or family violence laws of the jurisdiction 
        receiving grant monies;
            [(2) the term ``Indian country'' has the meaning 
        stated in section 1151 of title 18, United States 
        Code;]
            (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) the term ``Indian country'' has the same 
        meaning as is given such term by section 1151 of title 
        18, United States Code;

           *       *       *       *       *       *       *

            [(7) the term ``underserved populations'' includes 
        populations underserved because of geographic location 
        (such as rural isolation), underserved racial or ethnic 
        populations, and populations underserved because of 
        special needs, such as language barriers or physical 
        disabilities; and]
            (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;
            (8) the term ``victim services'' means a nonprofit, 
        nongovernmental organization that assists domestic 
        violence or sexual assault victims, including rape 
        crisis centers, battered women's shelters, and other 
        sexual assault or domestic violence programs, including 
        nonprofit, nongovernmental organizations [assisting 
        domestic violence or sexual assault victims through the 
        legal process] providing advocacy and assistance for 
        victims seeking abuse-related health care services and 
        legal and social services, and, except that such term 
        shall not include programs or activities that are 
        targeted primarily for offenders[.];
            (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;
            (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;
            (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
            (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.

           *       *       *       *       *       *       *

SEC. 2005. RAPE EXAM PAYMENTS.

    (a) * * *
    (b) Medical Costs.--A State, Indian tribal government, or 
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual 
assault if any government entity--
            (1) * * *

           *       *       *       *       *       *       *

            (3) reimburses victims for the cost of such exams 
        if--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) the reimbursing governmental entity 
                provides reimbursement not later than 90 days 
                after written notification of the victim's 
                expense; [and]
                    (D) the State, Indian tribal government, 
                unit of local government, or reimbursing 
                governmental entity provides information at the 
                time of the exam to all victims, including 
                victims with limited or no English proficiency, 
                regarding how to obtain reimbursement[.]; and
                    (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.

           *       *       *       *       *       *       *

SEC. 2006. [FILING] COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS.

    (a) In General.--A State, Indian tribal government, or unit 
of local government, shall not be entitled to funds under this 
part unless the State, Indian tribal government, or unit of 
local government--
            [(1) certifies that its laws, policies, and 
        practices do not require, in connection with the 
        prosecution of any misdemeanor or felony domestic 
        violence offense, that the abused bear the costs 
        associated with the filing of criminal charges against 
        the domestic violence offender, or the costs associated 
        with the issuance or service of a warrant, protection 
        order, or witness subpoena; or]
            (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
            (2) gives the Attorney General assurances that its 
        laws, policies and practices will be in compliance with 
        the requirements of paragraph (1) within the later of--
                    (A) * * *
                    (B) [2 years] 1 year after the date of 
                enactment of the Violence Against Women Act of 
                2000.

           *       *       *       *       *       *       *

    (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. 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.
    (d) Reports.--
            (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.

    PART U--GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF 
                           PROTECTION ORDERS

SEC. 2101. GRANTS.

    (a) * * *
    (b) Grant Authority.--The Attorney General may make grants 
to eligible States, Indian tribal governments, or units of 
local government for the following purposes:
            (1) * * *
            (2) To develop policies and training in police 
        departments to improve tracking of cases involving 
        domestic and dating violence.

           *       *       *       *       *       *       *

            (5) To strengthen legal advocacy service programs 
        for victims of domestic and dating violence.
            (6) To educate judges in criminal and other courts 
        (including juvenile courts) about domestic violence and 
        to improve judicial handling of such cases.
            (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.
    (c) Eligibility.--Eligible grantees are States, Indian 
tribal governments, or units of local government that--
            (1) * * *

           *       *       *       *       *       *       *

            [(4) certify that their laws, policies, or 
        practices do not require, in connection with the 
        prosecution of any misdemeanor or felony domestic 
        violence offense, that the abused bear the costs 
        associated with the filing of criminal charges or the 
        service of such charges on an abuser, or that the 
        abused bear the costs associated with the issuance or 
        service of a warrant, protection order, or witness 
        subpoena.]
            (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.
    (d) Definition.--In this section, the term ``protection 
order'' has the meaning given the term in section 2266 of title 
18, United States Code.
    (e) Disbursement.--At least 5 percent of the funds 
appropriated under 1001(a)(19) shall be used for grants to 
Indian tribal governments.

SEC. 2102. APPLICATIONS.

    (a) Application.--An eligible grantee shall submit an 
application to the Attorney General that--
            (1) contains a certification by the chief executive 
        officer of the State, Indian tribal government, or 
        local government entity that the conditions of section 
        2101(c) are met or will be met within the later of--
                    (A) * * *
                    (B) [2 years of the date of enactment of 
                this part] the expiration of the 1-year period 
                beginning on the date of enactment of the 
                Violence Against Women Act of 2000;

           *       *       *       *       *       *       *

    (b) Priority.--In awarding grants under this part, the 
Attorney General shall give priority to applicants that--
            (1) do not currently provide for centralized 
        handling of cases involving domestic violence by 
        police, prosecutors, and courts; [and]
            (2) demonstrate a commitment to strong enforcement 
        of laws, and prosecution of cases, involving domestic 
        violence[.], including the enforcement of protection 
        orders from other States and jurisdictions (including 
        tribal jurisdictions);
            (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.
    (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.

           *       *       *       *       *       *       *

SEC. 2105. DEFINITIONS.

    For purposes of this part--
            [(1) the term ``domestic violence'' includes felony 
        or misdemeanor crimes of violence 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 cohabitating with or has cohabitated with 
        the victim as a spouse, by a person similarly situated 
        to a spouse of the victim under the domestic or family 
        violence laws of the jurisdiction receiving grant 
        monies, or by any other adult person against a victim 
        who is protected from that person's acts under the 
        domestic or family violence laws of the eligible State, 
        Indian tribal government, or unit of local government 
        that receives a grant under this part; and]
            (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) the term ``protection order'' includes any 
        injunction issued for the purpose of preventing violent 
        or threatening acts of domestic violence, including 
        temporary and final orders issued by civil or criminal 
        courts (other than support or child custody orders or 
        provisions) whether obtained by filing an independent 
        action or as a pendente lite order in another 
        proceeding[.]; and
            (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.

           *       *       *       *       *       *       *

                              ----------                              

                   VIOLENCE AGAINST WOMEN ACT OF 1994

                    TITLE IV--VIOLENCE AGAINST WOMEN

SEC. 40001. SHORT TITLE.

    This title may be cited as the ``Violence Against Women Act 
of 1994''.

                   Subtitle A--Safe Streets for Women

SEC. 40101. SHORT TITLE.

    This subtitle may be cited as the ``Safe Streets for Women 
Act of 1994''.

              CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES

           *       *       *       *       *       *       *

SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.

    [There are authorized to be appropriated for the United 
States Attorneys for the purpose of appointing Victim/Witness 
Counselors for the prosecution of sex crimes and domestic 
violence crimes where applicable (such as the District of 
Columbia)--
            [(1) $500,000 for fiscal year 1996;
            [(2) $500,000 for fiscal year 1997; and
            [(3) $500,000 for fiscal year 1998.]
    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.

           *       *       *       *       *       *       *

           CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS 
                    AGAINST WOMEN.

    Part A of title XIX of the Public Health and Human Services 
Act (42 U.S.C. 300w et seq.) is amended by adding at the end 
the following new section:

[``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    [``(a) Permitted Use.--Notwithstanding section 1904(a)(1), 
amounts transferred by the State for use under this part may be 
used for rape prevention and education programs conducted by 
rape crisis centers or similar nongovernmental nonprofit 
entities for--
            [``(1) educational seminars;
            [``(2) the operation of hotlines;
            [``(3) training programs for professionals;
            [``(4) the preparation of informational materials; 
        and
            [``(5) other efforts to increase awareness of the 
        facts about, or to help prevent, sexual assault, 
        including efforts to increase awareness in underserved 
        racial, ethnic, and language minority communities.
    [``(b) Targeting of Education Programs.--States providing 
grant monies must ensure that at least 25 percent of the monies 
are devoted to education programs targeted for middle school, 
junior high school, and high school students.
    [``(c) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section--
            [``(1) $35,000,000 for fiscal year 1996;
            [``(2) $35,000,000 for fiscal year 1997;
            [``(3) $45,000,000 for fiscal year 1998;
            [``(4) $45,000,000 for fiscal year 1999; and
            [``(5) $45,000,000 for fiscal year 2000.
    [``(d) Limitation.--Funds authorized under this section may 
only be used for providing rape prevention and education 
programs.
    [``(e) Definition.--For purposes of this section, the term 
`rape prevention and education' includes education and 
prevention efforts directed at offenses committed by offenders 
who are not known to the victim as well as offenders who are 
known to the victim.
    [``(f) Terms.--The Secretary shall make allotments to each 
State on the basis of the population of the State, and subject 
to the conditions provided in this section and sections 1904 
through 1909.''.]

           *       *       *       *       *       *       *

SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

    (a) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *

                    Subtitle B--Safe Homes for Women

SEC. 40201. SHORT TITLE.

    This title may be cited as the ``Safe Homes for Women Act 
of 1994''.

           *       *       *       *       *       *       *

    CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
                    ASSISTANCE.

    (a) Grants.--The Attorney General may make grants to 
States, Indian tribal governments, and local governments of 
rural States, and to other public or private entities of rural 
States--
            (1) to implement, expand, and establish cooperative 
        efforts and projects between law enforcement officers, 
        prosecutors, victim advocacy groups, and other related 
        parties to investigate and prosecute incidents of 
        domestic and dating violence and child abuse;
            (2) to provide treatment and counseling to victims 
        of domestic and dating violence and child abuse; and

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be 
        appropriated to carry out this section--
                    (A) $7,000,000 for fiscal year 1996;
                    (B) $8,000,000 for fiscal year 1997; [and]
                    (C) $15,000,000 for fiscal year 1998[.]; 
                and
                    (D) $35,000,000 for each of the fiscal 
                years 2001, 2002, 2003, 2004, and 2005.

           *       *       *       *       *       *       *

            (3) Disbursement.--At least 5 percent of the funds 
        appropriated under paragraph (1) shall be used for 
        grants to Indian tribal governments.

           *       *       *       *       *       *       *

         Subtitle D--Equal Justice for Women in the Courts Act

SEC. 40401. SHORT TITLE.

    This subtitle may be cited as the ``Equal Justice for Women 
in the Courts Act of 1994''.

           *       *       *       *       *       *       *

  CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
                              STATE COURTS

SEC. 40411. GRANTS AUTHORIZED.

    The State Justice Institute may award grants for the 
purpose of developing, testing, presenting, and disseminating 
model programs to be used by States (as defined in section 202 
of the State Justice Institute Act of 1984 (42 U.S.C. 10701)) 
in training judges and court personnel in the laws of the 
States and by Indian tribes in training tribal judges and court 
personnel in the laws of the tribes on rape, sexual assault, 
domestic violence, dating violence, and other crimes of 
violence motivated by the victim's gender. 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.

SEC. 40412. TRAINING PROVIDED BY GRANTS.

    Training provided pursuant to grants made under this 
subtitle may include current information, existing studies, or 
current data on--
            (1)  * * *

           *       *       *       *       *       *       *

            (6) sex stereotyping of female and male victims of 
        rape and sexual assault, racial stereotyping of rape 
        victims, stereotyping of persons with disabilities who 
        are victims of rape, sexual assault, abuse, or violence 
        and defendants, and the impact of such stereotypes on 
        credibility of witnesses, sentencing, and other aspects 
        of the administration of justice;

           *       *       *       *       *       *       *

            (10) the nature and incidence of domestic violence 
        and dating violence;
            (11) the physical, psychological, and economic 
        impact of domestic and dating violence on the victim, 
        the costs to society, and the implications for court 
        procedures and sentencing;

           *       *       *       *       *       *       *

            (13) sex stereotyping of female and male victims of 
        domestic and dating violence, myths about presence or 
        absence of domestic and dating violence in certain 
        racial, ethnic, religious, or socioeconomic groups, or 
        among persons with disabilities, and their impact on 
        the administration of justice;

           *       *       *       *       *       *       *

            (17) economic, psychological, social and 
        institutional reasons for victims' inability to leave 
        the batterer, to report domestic or dating violence or 
        to follow through on complaints, including the 
        influence of lack of support from police, judges, and 
        court personnel, and the legitimate reasons why victims 
        of domestic or dating violence may refuse to testify 
        against a defendant;
            (18) the need for orders of protection, and the 
        implications of mutual orders of protection, dual 
        arrest policies, and mediation in domestic and dating 
        violence cases; [and]
            (19) recognition of and response to gender-
        motivated crimes of violence other than rape, sexual 
        assault and domestic violence, such as mass or serial 
        murder motivated by the gender of the victims[.];
            (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;
            (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. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER 
                    THIS TITLE.

    The State Justice Institute shall ensure that model 
programs carried out pursuant to grants made under this 
subtitle are developed with the participation of law 
enforcement officials, public and private nonprofit victim 
advocates, including national, State, tribal, and local 
domestic violence and sexual assault programs and coalitions, 
legal experts, prosecutors, defense attorneys, and recognized 
experts on gender bias in the courts.

SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
carry out this chapter $600,000 for fiscal year 1996 and 
$1,500,000 for each of the fiscal years 2001 through 2005.

           *       *       *       *       *       *       *

    (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.

  CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
                             FEDERAL COURTS

SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING 
                    GRANTS.

    (a)  * * *

           *       *       *       *       *       *       *

    [(d) Model Programs.--The Federal Judicial Center, in 
carrying out section 620(b)(3) of title 28, United States Code, 
may--
            [(1) include in the educational programs it 
        presents and prepares, including the training programs 
        for newly appointed judges, information on issues 
        related to gender bias in the courts including such 
        areas as are listed in subsection (a) along with such 
        other topics as the Federal Judicial Center deems 
        appropriate;
            [(2) prepare materials necessary to implement this 
        subsection; and
            [(3) take into consideration the findings and 
        recommendations of the studies conducted pursuant to 
        subsection (a), and to consult with individuals and 
        groups with relevant expertise in gender bias issues as 
        it prepares or revises such materials.]
    (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.

SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1)  * * *
            (2) to the Federal Judicial Center to carry out 
        section 40421(d) $100,000 for fiscal year 1996 and 
        $500,000 for each of the fiscal years 2001 through 
        2005; and

           *       *       *       *       *       *       *

    Subtitle F--National Stalker and Domestic Violence Reduction

           *       *       *       *       *       *       *

SEC. 40602. GRANT PROGRAM.

    (a) In General.--The Attorney General is authorized to 
provide grants to States and units of local government to 
improve and implement processes for entering data regarding 
stalking and domestic violence into local, State, and national 
crime information databases.

           *       *       *       *       *       *       *

SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
subtitle--
            (1) $1,500,000 for fiscal year 1996;
            (2) $1,750,000 for fiscal year 1997; [and]
            (3) $2,750,000 for fiscal year 1998[.]; and
            (4) $3,000,000 for each of the fiscal years 2001, 
        2002, 2003, 2004, and 2005.

           *       *       *       *       *       *       *

Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic 
   Violence and Sexual Assault Against Older or Disabled Individuals

SEC. 40801. DEFINITIONS.

    In this subtitle:
            (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 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.
                              ----------                              

              FAMILY VIOLENCE PREVENTION AND SERVICES ACT

           *       *       *       *       *       *       *

                 state demonstration grants authorized

    Sec. 303. (a)  * * *

           *       *       *       *       *       *       *

    (b)(1)  * * *

           *       *       *       *       *       *       *

    (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).

           *       *       *       *       *       *       *

                           allotment of funds

    Sec. 304. (a) From the sums appropriated under section 310 
for grants to States for any fiscal year, each State shall be 
allotted for payment in a grant authorized under section 303(a) 
$500,000, with the remaining funds to be allotted to each State 
in an amount which bears the same ratio to such sums as the 
population of such State bears to the population of all States, 
except that[--
            [(1) each State shall be allotted not less than 1 
        percent of the amounts available for grants under 
        section 303(a) for the fiscal year for which the 
        allotment is made, or $400,000, whichever is the lessor 
        amount; and
            [(2)] Guam, American Samoa, the Virgin Islands, the 
        Northern Mariana Islands, and the Trust Territory of 
        the Pacific Islands shall each be allotted not less 
        than one-eighth of 1 percent of the amounts available 
        for grants under section 303(a) for the fiscal year for 
        which the allotment is made.
[For the purpose of the exception contained in clause (1) of 
the preceding sentence only, the term ``State'' does not 
include Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific 
Islands.]

           *       *       *       *       *       *       *

    (d)(1) If, at the end of the sixth month of any fiscal year 
for which sums are appropriated under section 310, the amount 
allotted to a State has not been made available to such State 
in grants under section 303(a) or Indian tribe or tribal 
organization under section 303(b) because of the failure of 
such State or Indian tribe or tribal organization, or other 
entity to meet the requirements for a grant, then the Secretary 
shall reallot such amount to States and Indian tribes and 
tribal organizations which meet such requirements proportionate 
to the original allocation made under subsection (a) or (b) of 
section 303, respectively.
    (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.
    [(2)] (3) Funds made available by the Secretary through 
reallotment under paragraph (1) shall remain available for 
expenditure until the end of the fiscal year following the 
fiscal year in which such funds become available for 
reallotment.

           *       *       *       *       *       *       *

                       discrimination prohibited

    Sec. 307. (a)(1)  * * *

           *       *       *       *       *       *       *

    (3) The Secretary shall deny any application that fails to 
provide documentation, including memoranda of understanding, of 
the specific involvement of the State or tribal domestic 
violence coalition and other knowledgeable individuals and 
interested organizations, in the development of the State or 
tribe's application.

           *       *       *       *       *       *       *

SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

    (a) Purpose and Grants.--
            (1)  * * *
            (2) Grants.--From the amounts appropriated under 
        this title, the Secretary shall award grants to private 
        nonprofit organizations for the establishment and 
        maintenance of one national resource center (as 
        provided for in subsection (b)) and not to exceed seven 
        special issue resource centers (as provided for in 
        subsection (c)) focusing on providing training and 
        technical assistance on one or more issues of concern 
        to domestic violence victims. The Secretary may award 
        grants to nonprofit, nongovernmental organizations for 
        technical assistance and training initiatives on the 
        subjects identified in subsection (c) if such 
        initiatives do not duplicate the work of the entities 
        funded under subsection (c) and the total amounts 
        awarded for such initiatives do not exceed $500,000.

           *       *       *       *       *       *       *

    (c) Special Issue Resource Centers.--The special issue 
resource centers established under subsection (a)(2) shall 
provide information, training and technical assistance to State 
and local domestic violence service providers on emerging 
issues in domestic violence service, prevention, or law, and 
shall specialize in at least one of the following areas [of 
domestic violence service, prevention, or law]:
            (1)  * * *

           *       *       *       *       *       *       *

            (8) Providing technical assistance and training to 
        local domestic violence programs that provide shelter 
        or related assistance.
            (9) Improving access to services, information, and 
        training within Indian tribes and tribal organizations.
            (10) Responding to emerging issues in the field of 
        domestic violence that the Secretary may identify in 
        consultation with advocates representing local programs 
        providing shelter or related assistance, State domestic 
        violence coalitions, and national domestic violence 
        organizations.
            (11) Nothing in this section shall prohibit the 
        Secretary from making multiple grants to any nonprofit, 
        nongovernmental entity to fulfill the purposes of this 
        section.

           *       *       *       *       *       *       *

    (e) Reporting.--Not later than 6 months after receiving a 
grant under this section, a grantee shall prepare and submit a 
report to the Secretary that evaluates the effectiveness of the 
use of amounts received under such grant by such grantee and 
containing such additional information as the Secretary may 
prescribe. 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 this section 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.

           *       *       *       *       *       *       *

                              definitions

    Sec. 309. As used in this title:
            (1) The term ``family violence'' means any act or 
        threatened act of violence, including any forceful 
        detention of an individual, which--
                    (A)  * * *
                    (B) is committed by a person against 
                another individual (including an elderly 
                person) to whom such person is or was related 
                by blood or marriage or otherwise legally 
                related, with whom such person is or has been 
                in a continuing social relationship of a 
                romantic or intimate nature, or with whom such 
                person is or was lawfully residing.

           *       *       *       *       *       *       *

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this title--
            [(1) $50,000,000 for fiscal year 1996;
            [(2) $60,000,000 for fiscal year 1997;
            [(3) $70,000,000 for fiscal year 1998;
            [(4) $72,500,000 for fiscal year 1999; and
            [(5) $72,500,000 for fiscal year 2000.]
    (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.

           *       *       *       *       *       *       *

    (c) Section 308.--Of the amounts appropriated under 
subsection (a) for each fiscal year, the lesser of $7,500,000 
or 5 percent shall be used by the Secretary for making grants 
under section 308.
    (d) Grants for State and Tribal Coalitions.--Of the amounts 
appropriated under subsection (a) for each fiscal year, [not 
less than] the lesser of $22,000,000 or 10 percent of such 
amounts shall be used by the Secretary for making grants under 
section 311. At such time as the appropriation under this 
subsection exceeds $11,000,000, the Secretary shall designate 
that of the amounts appropriated under this subsection up to 20 
percent of such funds shall be made available in the amounts 
necessary to State domestic violence coalitions for the 
specific purpose of providing technical assistance and training 
and direct assistance in the following areas or other 
priorities that may be determined by the Secretary in 
consultation with State domestic violence coalitions and 
programs that provide shelter or related assistance:
            (1) Model leadership grants for domestic violence 
        intervention in underserved populations.--The Secretary 
        shall award model leadership grants of up to 3 years to 
        not more than 10 State and tribal domestic violence 
        coalitions and not more than 10 local domestic violence 
        programs providing shelter or related assistance to 
        develop model strategies to address domestic violence 
        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)). Such grants shall 
        be made to assess the needs of underserved populations 
        in the State or Indian country; build collaborative 
        relationships with community-based organizations 
        serving underserved populations; and develop and 
        implement model community intervention strategies to 
        decrease the incidence of domestic violence in 
        underserved populations.
                    (A) Eligibility.--To be eligible for a 1-
                year model leadership grant under this 
                paragraph, an applicant shall demonstrate--
                            (i) a plan for assessing the needs 
                        of underserved populations and 
                        identifying a specific population for 
                        development of an intervention strategy 
                        in the year of the grant; and
                            (ii) inclusion of representatives 
                        from community-based organizations in 
                        underserved populations in planning, 
                        designing, and disseminating the needs 
                        assessment instruments.
                    (B) Eligibility for continued funding.--To 
                be eligible for continued funding of up to 2 
                additional years of a 1-year model leadership 
                grant, an applicant shall provide--
                            (i) a plan for implementing the 
                        model strategies which includes 
                        collaborative partnerships with 
                        community-based organizations within 
                        the underserved populations identified; 
                        and
                            (ii) a plan for disseminating the 
                        model strategy throughout the State or 
                        Indian country, or to other States 
                        during year 3 of the grant.
                    (C) Priority for collaborative funding.--In 
                awarding grants under this paragraph, the 
                Secretary shall give preference to State and 
                tribal domestic violence coalitions and local 
                domestic violence shelters and programs that 
                submit applications in collaboration with 
                community-based organizations serving 
                underserved populations. A grant may not be 
                made under this subsection in an amount less 
                than $100,000 for each fiscal year.
            (2) Direct emergency assistance to victims of 
        domestic violence.--
                    (A) In general.--The Secretary shall award 
                grants to each State and tribal domestic 
                violence coalition for the purpose of 
                administering an emergency assistance fund for 
                victims of domestic violence. Funds received 
                under this paragraph may be used only to 
                provide emergency assistance directly to 
                victims of domestic violence who are in the 
                process of fleeing an abusive situation. 
                Emergency assistance shall include 
                transportation, housing, and other expenses 
                associated with relocation. Funds shall be 
                requested by domestic violence shelters and 
                programs on behalf of victims.
                    (B) Application.--Prior to receipt of 
                emergency assistance grants under this 
                paragraph, the State or tribal domestic 
                violence coalition shall provide to the 
                Secretary--
                            (i) a detailed description of the 
                        process for receiving and reviewing 
                        applications for emergency assistance;
                            (ii) a detailed description of the 
                        process for notifying domestic violence 
                        shelters and programs about the 
                        availability of emergency assistance 
                        funds;
                            (iii) an application form that 
                        includes the type of assistance 
                        requested, a statement of need for the 
                        funds, a statement about the impact of 
                        the funds on the victim's ability to 
                        escape domestic violence, and other 
                        such information that would be helpful 
                        in disbursing emergency assistance 
                        funds;
                            (iv) the process used to make 
                        payments to recipients; and
                            (v) a statement of procedures used 
                        to protect the confidentiality of 
                        recipients.
                    (C) Reporting.--The State or tribal 
                domestic violence coalition shall file an 
                annual report to the Secretary describing the 
                distribution of funds to victims of domestic 
                violence by type and amount of assistance 
                provided. For reasons of safety and 
                confidentiality, such report shall not contain 
                individually identifying information.
            (3) Technical assistance and training for state, 
        local, and tribal domestic violence programs.--
                    (A) In general.--The Secretary shall award 
                grants to a State or tribal domestic violence 
                coalition for the purpose of providing training 
                and technical assistance for State and tribal 
                domestic violence coalitions and other 
                nonprofit, nongovernmental State, local, and 
                tribal domestic violence programs. Funds 
                received under this paragraph shall be used to 
                conduct regional training and technical 
                assistance initiatives to be developed and 
                implemented by a nonprofit, nongovernmental 
                State or tribal domestic violence coalition 
                within each of the regions administered by the 
                Department of Health and Human Services. Funds 
                shall be used to prioritize, plan, and 
                implement solutions to regional problems 
                experienced by domestic violence coalitions and 
                programs providing shelter or related 
                assistance within the region.
                    (B) Eligibility.--To be eligible for a 
                grant under this paragraph the grantee shall 
                have the support of the majority of State and 
                tribal domestic violence coalitions within the 
                region and shall have its principal place of 
                operation within the region. Nothing in this 
                section shall prohibit domestic violence 
                programs within Indian tribes from receiving 
                technical assistance and training under this 
                grant program. Grantees shall be encouraged to 
                work in collaboration with domestic violence 
                advocates and organizations outside of the 
                region and with the national resource center 
                and special issue resource centers established 
                in this Act to provide expertise in delivering 
                training and technical assistance within the 
                region.
                    (C) Reporting.--The grantee State or tribal 
                domestic violence coalition shall file an 
                annual report to the Secretary describing the 
                recipients and the type of technical assistance 
                and training received.

           *       *       *       *       *       *       *

SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a)  * * *

           *       *       *       *       *       *       *

    (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.
    [(f)] (g) Authorization of Appropriations.--
            [(1) In general.--There are authorized to be 
        appropriated to carry out this section--
                    [(A) $1,000,000 for fiscal year 1995;
                    [(B) $400,000 for fiscal year 1996;
                    [(C) $400,000 for fiscal year 1997;
                    [(D) $400,000 for fiscal year 1998;
                    [(E) $400,000 for fiscal year 1999; and
                    [(F) $400,000 for fiscal year 2000.]
            (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. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    (a)  * * *

           *       *       *       *       *       *       *

    [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $4,000,000 for fiscal year 1996; and
            [(2) $6,000,000 for for each of the fiscal years 
        1997 through 2002.]
    (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.
    (i) Regulations.--
            (1) In general.--Not later than 60 days after the 
        date of enactment of this section, the Secretary shall 
        publish proposed regulations implementing this section. 
        Not later than 120 days after the date of enactment, 
        the Secretary shall publish final regulations 
        implementing this section.
            (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.
                              ----------                              

           SECTION 316 OF THE RUNAWAY AND HOMELESS YOUTH ACT

           *       *       *       *       *       *       *

         grants for prevention of sexual abuse and exploitation

    Sec. 316. (a) * * *

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            (1) $7,000,000 for fiscal year 1996;
            (2) $8,000,000 for fiscal year 1997; [and]
            (3) $15,000,000 for fiscal year 1998[.]; and
            (4) $22,000,000 for each of the fiscal years 2001, 
        2002, 2003, and 2004.
    (d) 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 subtitle, 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.
    [(d)] (e) Definitions.--For the purposes of this section--
            (1) the term ``street-based outreach and 
        education'' includes education and prevention efforts 
        directed at offenses committed by offenders who are not 
        known to the victim as well as offenders who are known 
        to the victim; and
            (2) the term ``street youth'' means a juvenile who 
        spends a significant amount of time on the street or in 
        other areas of exposure to encounters that may lead to 
        sexual abuse.
                              ----------                              

                   VICTIMS OF CHILD ABUSE ACT OF 1990

              TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Victims of Child Abuse Act 
of 1990''.

           *       *       *       *       *       *       *

         Subtitle B--Court-Appointed Special Advocate Program

           *       *       *       *       *       *       *

SEC. 218. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated 
to carry out this subtitle--
            (1) $6,000,000 for fiscal year 1996;
            (2) $6,000,000 for fiscal year 1997;
            (3) $7,000,000 for fiscal year 1998;
            (4) $9,000,000 for fiscal year 1999; [and]
            (5) $10,000,000 for fiscal year 2000[.]; and
            (6) $12,000,000 for each of the fiscal years 2001, 
        2002, 2003, and 2004.

           *       *       *       *       *       *       *

 Subtitle C--Child Abuse Training Programs for Judicial Personnel and 
                             Practitioners

           *       *       *       *       *       *       *

SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated 
to carry out this subtitle--
            (1) $750,000 for fiscal year 1996;
            (2) $1,000,000 for fiscal year 1997;
            (3) $2,000,000 for fiscal year 1998;
            (4) $2,000,000 for fiscal year 1999; [and]
            (5) $2,300,000 for fiscal year 2000[.]; and
            (6) $2,300,000 for each of the fiscal years 2001, 
        2002, 2003, and 2004.

           *       *       *       *       *       *       *

                              ----------                              

                       PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *
              Part J--Prevention and Control of Injuries

           *       *       *       *       *       *       *

     interpersonal violence within families and among acquaintances

    Sec. 393. (a) * * *

           *       *       *       *       *       *       *

    (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)] (c) For purposes of this part, the term 
``interpersonal violence within families and among 
acquaintances'' includes behavior commonly referred to as 
domestic violence, sexual assault, spousal abuse, woman 
battering, partner abuse, elder abuse, and acquaintance rape.

           *       *       *       *       *       *       *

SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    (a) Grants.--
            (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)).
            (2) Terms.--
                    (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.
    (d) Limitations.--
            (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.
    (e) Definitions.--
            (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.
                            Additional Views

    We offer these additional views because in many respects 
H.R. 1248, as reported by the committee, represents a missed 
opportunity to further solidify and strengthen Federal 
legislation to combat domestic violence. Not only did the 
Majority choose to weaken several important aspects of H.R. 
1248 as introduced by Ms. Morella (such as limiting the 
availability of grants for programs dealing with dating or same 
sex violence, or for persons harmed on account of their sexual 
orientation, religion, or alienage status), but the Majority 
also failed to incorporate other important legislative 
initiatives that could serve to reduce domestic violence (such 
as protections for battered immigrants and victims of gender-
motivated violence).
    We appreciate the fact that the Majority has chosen to move 
legislation reauthorizing the funding programs provided in the 
Violence Against Women Act and also accepted several Democratic 
amendments to improve those programs; however, the end product 
falls short of bipartisan legislation that has been introduced 
by Representatives Conyers and Morella in the House (H.R. 357), 
and by Senators Biden and Hatch in the Senate (S. 2787). We 
were particularly disappointed that the Majority refused to 
mark up or even hold hearings on H.R. 357,\1\ despite repeated 
requests by the Minority, and the fact that every single 
Democratic member of the committee cosponsored an amendment to 
H.R. 1248 incorporating the major components of H.R. 357.\2\
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    \1\ In January 1999, Representative Conyers introduced H.R. 357, 
the Violence Against Women Act of 1999, which was substantially similar 
to a VAWA bill that Mr. Conyers introduced in the 105th Congress (H.R. 
3514). H.R. 357 is widely viewed by of all of the major domestic 
violence and sexual assault coalitions as the major piece of 
legislation addressing intimate partner violence. H.R. 357 currently 
has 180 cosponsors, and has generated bi-partisan support. H.R. 357 
does several things to combat domestic violence: (1) it reauthorizes 
funding for the original VAWA I programs in the same way that H.R. 1248 
does, (2) it creates additional programs to address domestic violence 
and sexual assault more comprehensively, and (3) it changes substantive 
criminal, civil, and immigration law to combat domestic violence and 
sexual assault.
    Among other things, H.R. 357 contains a section on violence against 
children, which funds school programs to address domestic violence and 
sexual assault and which trains welfare agencies to recognize the 
warning signs of abuse. There is also a separate title to deal with 
violence in underserved communities, including older women, disabled 
women, and immigrant women. H.R. 357 would also establish a national 
resource center on sexual assault, prohibit individuals who have been 
involved in sexual misconduct from becoming prison guards, and give 
priority in funding to medical schools and training programs that 
require students to be trained in the identification and treatment of 
domestic violence and sexual assault. To combat violence in the 
workplace, H.R. 357 establishes a national workplace clearinghouse on 
domestic violence and sexual assault, and it prohibits employers from 
taking adverse job actions against an employee because that employee 
has been the victim of a crime. It also requires employers to provide 
leave to employees for the purpose of dealing with domestic violence 
and its aftermath, and it allows women to use their family and medical 
leave to deal with domestic abuse. These are just a few of the new 
programs that H.R. 357 would create to deal with the pervasive problems 
of domestic violence and sexual assault.
    \2\ Crime Subcommittee Chairman McCollum raised a point of order 
against this amendment.
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                  Current Law and Legislative Efforts

    In order to address the nationwide problem of domestic 
violence and sexual assault,\3\ Democrats led the fight to pass 
the Violence Against Women Act in 1994 (``VAWA I'').\4\ This 
landmark legislation had several components. First, it provided 
funding through fiscal year 2000 for numerous programs to 
combat domestic violence and sexual assault, including, among 
other things, battered women's shelters and rape crisis 
centers; a domestic violence hotline; training for prosecutors, 
judges, and court personnel; pro-arrest policies; victims' 
counselors; and victims of child abuse programs. In addition, 
VAWA I included several civil and criminal provisions to combat 
domestic violence and sexual assault. For example, it increased 
penalties for Federal rape convictions and criminalized 
violations of protection orders and interstate domestic 
violence, including stalking; required States, as a condition 
of receiving Federal VAWA funds, to meet certain standards with 
respect to domestic violence procedures;\5\ and created a 
Federal civil remedy for victims of gender-motivated crimes of 
violence.\6\
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    \3\ According to National Crime Victimization Survey data from the 
Department of Justice (a conservative estimate), about 1 million 
violent crimes in 1998 were committed against people by their current 
or former spouses, boyfriends, or girlfriends. These crimes were 
committed primarily against women. About 85% of victimizations by 
intimate partners in 1998, or 876,340, were against women. Intimate 
partner violence made up 22% of violent crime against women between 
1993 and 1998. By contrast, during this period intimate partners 
committed 3% of the violence against men. Callie Marie Rennison & Sarah 
Welchans, Department of Justice, Bureau of Justice Statics, Special 
Report, Intimate Partner Violence, May 2000 [hereinafter ``BJS 
Study''].
    \4\ In part as a result of VAWA I, intimate partner violence 
decreased 21% from 1993 to 1998. Nevertheless, domestic violence is 
still experienced by hundreds of thousands of women each year, and 
there still are demographic groups that need better access to services 
and the criminal justice system. For example, between 1993 and 1998, 
women ages 16 to 24 experienced the highest per capita rates of 
intimate violence. BJS Study.
    \5\ E.g., States could not require a victim to bear the cost of a 
rape exam, and States could not require a victim to pay a filing fee in 
order to obtain a protection order.
    \6\ On May 15, 2000, the Supreme Court struck down this civil 
rights remedy, as violative of the Commerce Clause and the 14th 
amendment. United States v. Morrison, ____U.S.____, 120 S. Ct. 1740 
(2000). The Supreme Court's decision did not invalidate any other 
portion of VAWA I, and it does not affect the validity of any of the 
new proposed VAWA legislation.
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    H.R. 1248, as approved by the committee, reauthorizes 
existing VAWA I programs for 5 years beyond 2000. It continues 
funding for VAWA I programs such as law enforcement and 
prosecution grants to combat violence against women, the 
National Domestic Violence Hotline, battered women's shelters 
and services, education and training for judges and court 
personnel, pro-arrest policies, rural domestic violence and 
child abuse enforcement, stalker reduction, and others. The 
bill also authorizes funding for new programs such as civil 
legal assistance, transitional housing, and a pilot program for 
supervised child visitation centers.\7\
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    \7\ In addition, several important amendments were offered by 
Democratic Members and accepted by the Majority. In the area of elder 
abuse, Rep. Baldwin amended the bill to authorize law school and law 
enforcement training programs regarding domestic violence against older 
women, community initiatives to combat domestic violence, and outreach 
programs targeted to older women who are victims of domestic violence. 
In addition, Rep. Baldwin amended the bill to ensure the inclusion of 
women with disabilities in existing domestic violence and sexual 
assault programs, provide training on issues of violence against women 
with disabilities, and provide technical assistance to assist shelters 
and victim services organizations with the requirements of the 
Americans with Disabilities Act. The committee also accepted an 
amendment offered by Rep. Weiner regarding sexual assault examiners, 
which directs the Attorney General to evaluate existing standards of 
training, practice, and payment of forensic exams and to recommend a 
national protocol. Finally, H.R. 1248 includes an amendment offered by 
Rep. Conyers requiring that domestic violence and sexual assault crimes 
be included in reports to the National Instant Criminal Background 
Check system.
---------------------------------------------------------------------------
    The following is a description of the principal areas of 
concern we have with the committee-passed legislation:
I. The Committee-Passed Bill Weakens Key Aspects of H.R. 1248
            The Committee-Passed Bill Changes the Definition of 
                    ``Domestic Violence'' to Eliminate Coverage of 
                    Dating Violence and Same-Sex Violence
    One of the most serious concerns we have with the 
committee-passed bill is its failure to expand the scope of 
VAWA funding to include programs designed to combat dating 
violence, including violence in same-sex relationships.\8\ As 
introduced, H.R. 1248 would have amended VAWA so that the term 
``domestic violence'' would have included dating violence, and 
violence between same-sex couples,\9\ a position which is 
strongly supported by all of the major domestic violence and 
sexual assault groups, the Department of Justice,\10\ the 
National Association of Attorneys General,\11\ and the U.S. 
Conference of Mayors.\12\
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    \8\ The definition of ``domestic violence'' under VAWA I covers 
acts of dating violence only in States and jurisdictions whose domestic 
violence or family violence laws include dating relationships. If a 
state's or jurisdiction's domestic or family violence laws do not 
include dating violence, VAWA grants cannot be provided to programs in 
those States and jurisdictions that target dating violence. 42 U.S.C. 
Sec. 3796gg-2(1) (1994).
    \9\ As introduced, H.R. 1248 defined ``domestic violence'' to mean: 
``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 who is or has been 
in a continuing social relationship of a romantic or intimate nature 
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.'' H.R. 1248, Sec. 2(a)(1).
    \10\ Letter from Bonnie J. Campbell, Director, Violence Against 
Women Office, U.S. Department of Justice, to Hon. Bill McCollum, 
chairman, Subcommittee on Crime, Committee on the Judiciary, June 21, 
2000.
    \11\ Letter from National Association of Attorneys General to Hon. 
Henry Hyde, chairman, Committee on the Judiciary, June 13, 2000 (``We 
urge you to . . . [s]trengthen VAWA by authorizing coverage of `dating 
relationships' in its criminal provisions and in its grants.'').
    \12\ U.S. Conference of Mayors, Resolution No. 61, 
``Reauthorization of Violence Against Women Grant Programs'' (``[T]he 
new VAWA legislation should contain . . . an amended definition of 
domestic violence under all VAWA grant programs to permit projects to 
target services to victims of dating violence in all jurisdictions. . . 
.'').
---------------------------------------------------------------------------
    Unfortunately, at the Crime Subcommittee markup of H.R. 
1248, Rep. McCollum introduced a manager's amendment that 
changed the bill's definition of domestic violence to exclude 
dating violence and violence in same-sex relationships. At the 
Full Committee markup, Rep. McCollum offered a manager's 
amendment that added a separate definition of ``dating 
violence'' to selected VAWA programs.\13\ This approach is 
inadequate, however, because it does not include dating 
violence in all VAWA programs. For example, the McCollum 
amendment adds the term dating violence to only two out of ten 
purpose areas for which STOP Grants (which are law enforcement, 
victim services, and prosecution grants to combat domestic 
violence and sexual assault) can be used,\14\ and only two out 
of six purpose areas for which Grants to Encourage Arrest 
Policies can be used.\15\ In addition, dating violence is 
omitted from the purpose areas of the civil legal assistance 
grants.\16\
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    \13\ ``Dating violence'' is defined to mean violence committed by a 
person ``who is or has been in a social relationship of a romantic or 
intimate nature with the victim'' and ``where the existence of such 
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.'' H.R. 1248, Sec. 2(g).
    \14\ STOP grant purpose areas that are not covered include: 
developing, training, or expanding units of law enforcement officers 
and prosecutors specifically targeting dating violence; developing and 
implementing more effective police and prosecution protocols, orders, 
and services specifically devoted to preventing, identifying, and 
responding to dating violence; developing, installing, or expanding 
data collection and communication systems, for the purpose of 
identifying and tracking arrests, protection orders, prosecutions, and 
convictions for dating violence; developing, enlarging, or 
strengthening programs addressing the circumstances in Indian tribes in 
dealing with dating violence; and developing, enlarging, or 
strengthening State and local court programs, including training for 
State, local, and tribal judges and court personnel, and addressing 
violent crimes against women, including dating violence.
    \15\ Grants to Encourage Arrest Policies purpose areas that are not 
covered include: centralizing and coordinating police enforcement, 
prosecution, or judicial responsibility for dating violence cases; and 
educating judges in criminal and other courts about dating violence, 
and to improve judicial handling of such cases.
    \16\ Rep. Conyers and Rep. Rothman offered an amendment that would 
have ensured that all VAWA programs covered dating violence, by 
restoring dating violence to the definition of ``domestic violence,'' 
as H.R. 1248 originally contemplated. The Conyers-Rothman amendment was 
defeated in a party line vote.
---------------------------------------------------------------------------
    The Majority's failure adequately to include dating 
violence within VAWA means that both adult and teen victims of 
dating violence will have less than adequate services and 
protections. Teenagers will be particularly negatively impacted 
by this constraint. Just last month, the U.S. Department of 
Justice released a study indicating that young women between 
the ages of 16 and 24 experience the highest rates of violence 
by current or former intimate partners.\17\ And 40% of teenage 
girls between the ages of 14 and 17 report knowing someone 
their age who has been hit or beaten by a boyfriend. These 
statistics are chilling and indicate how dangerous the bill's 
failure to fully cover dating violence within the scope of its 
grants will be.
---------------------------------------------------------------------------
    \17\ BJS Study.
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            The Committee-Passed Bill Changes the Definition of 
                    ``Underserved Populations'' To Exclude Populations 
                    Underserved Because of Sexual Orientation, 
                    Religion, and Alienage Status
    Another serious concern we have with H.R. 1248 is its 
failure to include populations underserved because of sexual 
orientation, religion and alienage status within the scope of 
additional funding opportunities available to help combat 
domestic violence.\18\ Under the version of the bill introduced 
by Rep. Morella, the term ``underserved populations'' was 
expanded to include ``populations underserved because of race, 
ethnicity, age, disability, sexual orientation, religion, 
alienage status, geographic location (including rural 
isolation), language barriers, and any other populations 
determined to be under served by the State planning process.'' 
\19\ Unfortunately, at the Crime Subcommittee markup of H.R. 
1248, Rep. McCollum's manager's amendment restricted the 
definition of ``underserved populations'' to eliminate the 
categories of sexual orientation, religion, and alienage 
status.\20\
---------------------------------------------------------------------------
    \18\ VAWA I states that in distributing grants to help combat 
domestic violence, States are encouraged to give additional 
consideration to ``underserved populations.'' States are also required 
to document how their programs address underserved populations. The 
definition of ``underserved populations'' in VAWA I includes 
``populations underserved because of geographic location (such as rural 
isolation), underserved racial or ethnic populations, and populations 
underserved because of special needs, such as language barriers or 
physical disabilities.'' 42 U.S.C. Sec. 3796gg-2(7) (1994).
    \19\  H.R. 1248, Sec. 2(a)(7) (emphasis added).
    \20\ Rep. McCollum's amendment permits other populations to be 
designated as underserved by the State planning process in consultation 
with the Attorney General.
---------------------------------------------------------------------------
    We strongly oppose this limitation because we believe it is 
important that immigrants, gays and lesbians, and religious 
groups be eligible for additional consideration for VAWA 
grants. Immigrant women are particularly in need of assistance 
because many times, they rely upon their batterers for their 
immigration status, and they must overcome language and 
cultural barriers, as well. The inclusion of ``alienage 
status'' as an ``underserved population'' would help women like 
``Emma Perez'' (name change), a Cuban national living in Miami 
with her Cuban husband, who is a lawful permanent resident. The 
husband sexually abuses their 15 year old daughter, has been 
very violent, and has a criminal history. He was in jail for 8 
years for drug trafficking offenses. He has killed people in 
the past and threatens to kill Emma if she talks to anyone 
about the sexual abuse of her daughter.\21\
---------------------------------------------------------------------------
    \21\ Both at the subcommittee and at the Full Committee markups, 
Representatives Conyers, Scott, and Jackson Lee offered an amendment 
that would have restored the categories of alienage status, age, and 
religion to the definition of ``underserved populations.'' This 
amendment was defeated by Majority in a party line vote. In addition, 
at the Full Committee markup, an amendment offered by Mr. Frank to the 
Conyers-Scott-Jackson Lee Amendment was adopted by voice vote that 
would have added ``gender identity characteristics or expression'' as 
an underserved population, as well.
---------------------------------------------------------------------------
II. The Majority Failed to Add Several Important Provisions to Further 
        Strengthen the Law
            H.R. 1248 Fails to Provide Comprehensive Funding for Civil 
                    Legal Assistance
    At Full Committee, H.R. 1248 was nominally expanded to 
authorize funds for civil legal assistance for victims of 
domestic violence pursuant to an amendment offered by Rep. 
Hutchinson. We have several concerns with this amendment. 
First, the funding levels provided in the Hutchinson Amendment 
are inadequate to address the civil legal needs of victims of 
violence,\22\ and they actually reduce from current levels the 
money available for civil legal assistance to domestic violence 
victims.\23\ Second, the amendment fails explicitly to cover 
programs to assist victims in enforcing their protection 
orders--which is often the first line of defense for victims 
who have escaped abusive relationships.
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    \22\ It is estimated that the Hutchinson Amendment will only fund 
two to four additional service providers in each State.
    \23\ For fiscal year 2000, $35.2 million was appropriated for civil 
legal assistance for domestic violence victims. By comparison, the 
Hutchinson Amendment authorizes $35.25 million for fiscal year 2001, 
increasing to $55 million for fiscal year 2005. Because the Hutchinson 
Amendment allocates 25% of these funds for civil legal assistance for 
victims of sexual assault, however, the Hutchinson Amendment actually 
reduces from current levels the monies that are available for civil 
legal assistance for victims of domestic violence.
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    These omissions will have adverse consequences. 
Approximately 65 percent of petitioners for orders of 
protection in Washington D.C. alone lack legal representation. 
According to a survey of domestic violence shelters in Texas, 
about 75 percent of shelters reported a great need for more 
legal services for divorce in domestic violence cases, and 85 
percent indicated a great need for legal services with regard 
to custody. In fiscal year 1998, the first year of civil legal 
assistance, the Department of Justice received 400 
applications, of which they could only fund 57. Between fiscal 
years 1998 and 1999, the advocacy community estimated that only 
450 attorneys and paralegals were funded through the Federal 
civil legal assistance program. Thus, funding levels under the 
Hutchinson Amendment merely scratch the surface of the overall 
problem.
    We are also troubled by the fact that the Hutchinson 
Amendment contains an inappropriate restriction on funding for 
litigation with respect to abortion. In certain cases, 
abortion-related litigation may be a necessary component of 
civil legal assistance. For example, a woman may be newly 
impoverished by having left an abusive relationship and thus in 
need of assistance in qualifying for Medicaid, which under 
certain circumstances (such as rape or incest), does cover 
abortion services. She may be a minor who has been raped by her 
father in a state requiring parental consent before an 
abortion, who needs help to navigate the judicial-bypass 
process. Further, abortion-related litigation may be necessary 
where States are in non-compliance with the Hyde restrictions 
that govern Medicaid funding of abortion,\24\ or where a woman 
may need an attorney to ensure compliance with even the minimal 
protections of the Hyde amendment. Equally problematic is the 
fact that the Hutchinson Amendment applies these restrictions 
to a new group of service providers. The restriction on 
abortion-related litigation currently applies to the Legal 
Service Corporation. The Hutchinson Amendment extends this 
limitation to other private, nonprofit entities, Indian tribal 
governments, and publicly funded organizations such as law 
schools. We should not be using a VAWA bill to expand the reach 
of current abortion-related bans to new programs and new types 
of organizations.\25\
---------------------------------------------------------------------------
    \24\ Pub. L. No. 106-113, Sec. 508-509.
    \25\ Representatives Conyers, Nadler, and Baldwin offered an 
amendment that would have provided full funding (beginning at $60 
million in FY 2001 and increasing to $124 million for FY 2005) for 
comprehensive civil legal assistance for victims of violence. 
Furthermore, the amendment contained no abortion-related restrictions 
on funding. This amendment was based on similar provisions in H.R. 357 
as well as in H.R. 4663, the Access to Safety and Advocacy for Victims 
of Violence Act, which was introduced by Rep. Lowey. The Conyers-
Nadler-Baldwin amendment was defeated by the Republicans in a party 
line vote. Rep. Baldwin also offered an amendment, which was defeated 
in a party line vote, that would have increased the funding levels of 
the Hutchinson Amendment to those of the Conyers-Nadler-Baldwin 
Amendment and expanded the scope of civil legal assistance. In 
addition, Rep. Conyers offered an amendment that would have limited the 
abortion restrictions, so they would not apply in cases where the life 
or health of the expectant mother was at risk, or where the pregnancy 
resulted from rape or incest. This amendment was also defeated in a 
party line vote. Finally, Rep. Berman offered an amendment that would 
have allowed litigation-related abortion counseling where the life of 
the expectant mother was at risk, or where the pregnancy resulted from 
rape or incest. This amendment was also defeated by the Republicans, 
with only one Republican member voting in favor of it.
---------------------------------------------------------------------------
            H.R. 1248 Fails to Include Funding for Domestic Violence 
                    and Sexual Assault Research
    We are also very concerned that H.R. 1248 ignores the need 
to provide funding for research on domestic violence and sexual 
assault. This belies the requirements of VAWA I and flies in 
the face of requests for funding from the administration and 
others.
    When Congress passed the Violence Against Women Act in 
1994, it included a mandate requiring that the agencies that 
receive funds from VAWA appropriations devise a violence 
against women research agenda for the nation.\26\ In a joint 
letter to Chairman Hyde dated May 15, 2000, the Department of 
Justice and the Department of Health and Human Services 
requested that the Judiciary Committee authorize additional 
funding for research to continue to improve existing and future 
VAWA-funded programs. DOJ and HHS believe that VAWA 
reauthorization legislation should ``continue to support 
research and evaluation in order to provide sound data for 
ongoing improvement of . . . programs for reducing violence 
against women.'' \27\
---------------------------------------------------------------------------
    \26\ Specifically, 42 U.S.C. Sec. 13961 states that ``the Attorney 
General shall request the National Academy of Sciences, through its 
National Research Council, to enter into a contract to develop a 
research agenda to increase the understanding and control of violence 
against women. . . . In setting the agenda, the Academy shall focus 
primarily on preventive, educative, social, and legal strategies, 
including addressing the needs of underserved populations.''
    \27\ Letter from Janet Reno, Attorney General, and Donna E. 
Shalala, Secretary, Department of Heath and Human Services, to Hon. 
Henry J. Hyde, chairman, House Committee on the Judiciary, May 15, 
2000, at 3.
---------------------------------------------------------------------------
    Conservative commentators also recognize the need for 
additional research in the area of domestic violence. At the 
Crime Subcommittee hearing on H.R. 1248, Patrick Fagan of the 
Heritage Foundation testified that ``[i]f Congress is serious 
about coming to grips with domestic violence, if it is serious 
about educating itself and then the nation, it first needs to 
know what is going on. . . . Congress should take what would be 
a rather small percentage of the VAWA money and construct a 
National Incidence Survey of Domestic Abuse and Neglect if it 
is to get to the heart of this issue (and many others related 
to it).'' \28\
---------------------------------------------------------------------------
    \28\ Testimony of Patrick F. Fagan, William H. G. Fitzgerald Fellow 
in Family and Culture, The Heritage Foundation, Hearing on H.R. 1248, 
Crime Subcommittee, September 29, 1999.
---------------------------------------------------------------------------
    Unfortunately, rather than authorize additional funding for 
research on domestic violence and sexual assault, Rep. McCollum 
offered an amendment, which was adopted, that only authorized a 
task force to coordinate existing domestic violence research. 
It did not authorize any new or additional research on the 
causes of domestic violence and sexual assault.\29\
---------------------------------------------------------------------------
    \29\ Representative Meehan offered an amendment that embodied the 
research agenda that the National Research Council, in collaboration 
with numerous leading anti-domestic violence groups, developed. It 
would have authorized grants in several areas: (1) supporting research 
on the causes of violence against women and the effectiveness of 
education, prevention and intervention programs, including research to 
study the developmental trajectory of violent behavior against women 
and an examination of the risk factors for sexual and intimate partner 
violence for victims and perpetrators; (2) addressing gaps in research 
on violence against women, particularly in underserved communities and 
instances where domestic violence is a factor in a divorce/child 
custody case, including national and community level survey studies to 
measure the incidence and prevalence of violence in underserved 
populations and the ways such women define and describe their 
experience of violence; (3) mandating a study and report by the U.S. 
Sentencing Commission on sentences given in crimes of domestic 
violence; and (4) directing the Attorney General to establish three 
research centers to develop and coordinate research on violence against 
women, each of which would be organized around a research area relevant 
to violence against women. The Meehan Amendment also would have 
authorized a task force to coordinate domestic violence research 
efforts across the country. The Majority opposed the Meehan Amendment 
and defeated it in a party line vote.
---------------------------------------------------------------------------
            H.R. 1248 Fails to Restore a Civil Legal Remedy for Victims 
                    of Gender-Motivated Violence
    We are also disappointed that the Majority refused to 
include any provisions seeking to ensure that the civil legal 
remedy in VAWA complies with the recent Supreme Court decision 
in United States v. Morrison.\30\ In Morrison, the Court struck 
down on federalism grounds VAWA's Federal civil legal remedy 
for gender-motivated crimes of violence.\31\ This important 
provision was passed by Congress in 1994 to provide a guarantee 
that all victims of gender-motivated crimes had unencumbered 
access to the courts to seek civil damages against their 
assailants.
---------------------------------------------------------------------------
    \30\ ____U.S.____, 120 S. Ct. 1740 (2000).
    \31\ The Court struck down the civil legal remedy as violative of 
the Commerce Clause and section 5 of the 14th amendment.
---------------------------------------------------------------------------
    Representatives Conyers, Jackson Lee, and Baldwin offered 
an amendment that restored the Federal civil legal remedy by 
creating a concrete nexus between the cause of action and 
interstate commerce. Unfortunately, the Majority raised a point 
of order against this amendment and foreclosed debate and a 
vote on this issue. The Majority also defeated an amendment 
offered by Rep. Conyers that would have required States to 
permit a person to bring a cause of action in State court for 
gender-motivated violence, such as rape, in which there is no 
limitation on punitive or non-economic damages, such as pain 
and suffering.
    The committee's failure to even attempt to address this 
issue is inexcusable. The Majority has shown no reticence in 
seeking to respond to court decisions concerning religious 
liberty and abortion. There is no reason we could not work 
together to ensure that the civil legal remedy for gender-
motivated violence complies with the Morrison decision as well.
            H.R. 1248 Fails to Protect Battered Immigrants
    Another glaring omission is the Committee's failure to 
address or even consider the problem of battered immigrants. 
Prior to VAWA I, immigration laws were rightfully criticized 
for permitting abusive U.S. citizens and permanent residents to 
have total control over their family members' immigration 
status. As a result, battered immigrant women and children were 
forced to remain in abusive relationships, unable to appeal to 
law enforcement agencies and courts for protection because they 
feared being reported to the INS and consequently deported. 
Immigration provisions contained in VAWA I helped to remedy the 
situation by allowing battered immigrants who were abused by 
their U.S. citizen or lawful permanent resident spouses or 
parents to file their own applications for immigration relief 
without the cooperation of their abusive spouse or parent, 
enabling them to safely flee the violence.
    Despite the successes of VAWA I, immigration law continues 
to be a barrier that keeps immigrant women and children locked 
in abusive relationships. Intervening changes in immigration 
and welfare laws enacted by the Majority have undermined many 
of VAWA I's protections for battered immigrants.\32\ As a 
result, many battered immigrant women and children are forced 
to stay with their abusers, risking their lives and the lives 
of their children.
---------------------------------------------------------------------------
    \32\ The Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996) 
(``IIRAIRA'') and the Personal Responsibility and Work Opportunity 
Reconciliation Act, Pub. L. No. 104-193 (Aug. 22, 1996) (``PRWORA'') 
were passed two years after the 1994 Violence Against Women Act offered 
protection to battered immigrant women. IIRAIRA made it more difficult 
for battered immigrants to access lawful immigration status. Some 
changes included a cap on the number of cancellation grants a year, 
requiring a ``substantial connection'' between abuse and unlawful 
entry, and a new definition of ``continuous presence.'' Under PRWORA, 
battered immigrants were granted access to some public benefits, but 
across the board, this legislation significantly reduced access to 
public benefits for all immigrants. PRWORA eliminated eligibility for 
most immigrants for SSI and federal food stamps and gave States the 
discretion to determine whether immigrants can qualify for federal, 
state, and local public benefits programs. PROWORA also replaced AID to 
Families with Dependent Children (AFDC) with Temporary Assistance for 
Needy Families (TANF) programs, which States have the discretion to 
provide or deny. Considering the unique set of economic, cultural, and 
social barriers faced by battered immigrant women, lack of access to 
immigration status and public benefits increases the vulnerability of 
immigrant women who are victims of domestic violence.
---------------------------------------------------------------------------
    Representative Lofgren offered an amendment that addressed 
battered immigrant problems in three areas.\33\ First, it would 
have addressed the provisions of VAWA I that were weakened 
because of subsequent legislative changes. Second, the 
amendment would have removed VAWA I implementation barriers 
that battered immigrants currently face. Third, the amendment 
would have improved access to VAWA immigration relief for needy 
battered immigrants not initially covered under VAWA I.
---------------------------------------------------------------------------
    \33\ The Lofgren Amendment was substantially similar to Title VI, 
Subtitle C. of H.R. 357. These reforms are also included in the 
Battered Immigrant Women Protection Act, H.R. 3083, which is sponsored 
by Reps. Schakowsky, Morella, and Jackson Lee.
---------------------------------------------------------------------------
    To restore some of the VAWA I protections that were 
weakened by subsequent legislation, Representative Lofgren's 
amendment would have created a mechanism for battered immigrant 
women and children to adjust their status to lawful permanent 
resident while in the United States. With the expiration of 
section 245(i) of the Immigration and Nationality Act,\34\ many 
battered immigrant women and children with approved VAWA self-
petitions are forced to leave the United States to obtain their 
green cards. Traveling outside the United States deprives these 
battered immigrants of the protection provided by courts, 
legislation, custody decrees, and law enforcement. Once abroad, 
the battered immigrant is vulnerable to stalking and 
retaliatory attacks by the abuser. The Lofgren Amendment would 
have enabled the battered immigrant to access lawful status 
while safely remaining in the United States.
---------------------------------------------------------------------------
    \34\ The 1998 CJS bill contained a provision that eliminated the 
benefits of Section 245(i) of the Immigration and Nationality Act for 
all immigrants seeking permanent residency status.
---------------------------------------------------------------------------
    Additionally, one of the barriers that has arisen in 
implementing VAWA I is that the 1996 Immigration Law \35\ made 
domestic violence a deportable crime; however, an unintended 
effect is that the battered immigrant spouse's pending VAWA 
self-petition becomes void when her husband is deported. This 
creates a perverse incentive for the battered immigrant spouse 
to tolerate the abuse, rather than report it. Representative 
Lofgren's amendment would have treated abused spouses like 
spouses in non-abusive relationships, where changes in the 
spouse's immigration status (denaturalization, loss or 
renunciation of citizenship, death of the citizen abuser) can 
only help, not hinder, the battered immigrant if the spouse's 
immigration status is upgraded. In other words, if the abusive 
U.S. citizen spouse or parent dies, divorces the battered 
immigrant, loses immigration status, renounces citizenship, or 
is deported, the self-petition remains valid.
---------------------------------------------------------------------------
    \35\ Pub. L. No. 104-208, 110 Stat. 3009 (Sept. 30, 1996).
---------------------------------------------------------------------------
    The Lofgren Amendment also would have made VAWA immigration 
relief available to abused children and abused spouses living 
abroad. Under current VAWA provisions, a self-petitioner may 
include her undocumented children under the age of 21 as 
derivative beneficiaries of her VAWA self-petition. However, in 
order to obtain permanent resident status, the child must be 
under 21 at the time the application for permanent residency to 
be granted based on the approved self-petition. Consequently, 
the parent self-petitioner often will be granted permanent 
residency, while her child will be denied. Such a situation 
ruptures family unity, as the child remains undocumented and 
vulnerable to being reported to the INS by the abuser and then 
placed in removal proceedings.
    Further, presently, only spouses or minor children of 
citizens or permanent residents are eligible for VAWA 
immigration relief; therefore, abused children over the age of 
21 have no access to VAWA. Consequently, a child who suffered 
years and years of physical and sexual abuse and who endured 
endless emotion torment at the hands of the U.S. citizen or 
permanent resident parent remains unprotected. The Lofgren 
Amendment would have offered VAWA relief to children over 21 as 
long as they could demonstrate that one or more incidents of 
battery or extreme cruelty had occurred before the age of 21.
    Finally, current VAWA provisions mandate that the applicant 
victim resides in the United States to file a self-petition. As 
a result, if an abused woman is married to a U.S. citizen or 
permanent resident living abroad, she must rely on him to file 
a visa petition on her behalf at the American Consulate. 
Abusive partners may refuse to file on behalf of the battered 
spouse in an effort to prevent her from reporting the abuse. 
Therefore, battered immigrant women married to either U.S. 
citizens or permanent residents living outside the United 
States remain trapped abroad in abusive relationships, unable 
to seek help from trained domestic violence advocates and law 
enforcement officials, and unable to escape the abuse and seek 
VAWA immigration relief. Consequently, they cannot prosecute 
their abusers. The Lofgren Amendment would have allowed 
battered immigrants living abroad to file VAWA self-petitions. 
This amendment would have been particularly helpful for abused 
spouses and children of members of the U.S. armed forces and 
U.S. government employees stationed abroad.\36\
---------------------------------------------------------------------------
    \36\ This provision would have helped women such as ``Vanna,'' the 
wife of a member of the U.S. military. (Names and places have been 
changed in the interest of victim safety. This account took place in a 
U.S. military base in Asia.) Vanna fled Cambodia as a small child with 
her parents in 1975. After spending 8 years in a refugee camp in 
Thailand, Vanna was repatriated to Belgium with her family, as a 
political refugee. There she met and married her first husband. Vanna's 
husband immigrated to the United States to join family members. 
Encouraged by her husband who had traveled ahead, Vanna came to the 
United States on a tourist visa with their two children. Her husband 
promised her that he would get her legal residency in the United 
States. Vanna's husband never filed her residency paperwork and her 
tourist visa expired. Vanna's husband gradually became more abusive, 
eventually breaking her nose and dislocating her shoulder. Vanna feared 
for her safety and went to a women's shelter. She divorced her husband 
four years after arriving in the U.S. Vanna was told that she could not 
return to Belgium as her residency status had expired because she had 
been out of the country for too long.
    After one year on her own, Vanna met John, a U.S. citizen and an 
active duty service member in the U.S. military. After they married, 
John promised Vanna that he would submit paperwork for legal residency. 
John told Vanna that he could not support her and her two children and 
Vanna was forced to leave her son with his father. As the relationship 
progressed, John became emotionally abusive. John often called Vanna 
and her daughter names, restricted the amount of food they were allowed 
to eat, and where she was allowed to go. John discouraged Vanna's 
friendships with other women. John was often sexually abusive, forcing 
Vanna to engage in sexual behaviors that made her feel demeaned and 
humiliated.
    After six months of marriage, John accepted a three-year posting to 
an overseas U.S. military base. He promised Vanna that her paperwork 
would come through while they were overseas and that there would be no 
problem. Vanna, feeling that she didn't have a choice, accompanied John 
on his military tour. Once overseas the violence in their relationship 
escalated further. John often threatens Vanna with withdrawing her 
paperwork, telling her that she would be deported back to Cambodia 
where she would probably be killed. John sometimes prevents Vanna from 
leaving the house by restraining her. John has threatened Vanna's life 
stating that he could make her death look like an accident. Vanna and 
John now have a 5-month-old son together. During one argument, John 
choked Vanna until she began to lose consciousness. Vanna feels she can 
no longer cope with the abuse and she worries about the effect it is 
having on her daughter. Vanna feels that she has nowhere else to go and 
worries what will happen to her and her children if she is not able to 
return to the United States. Vanna would like to self-petition for 
legal residency so that she can return to the United States and be 
reunited with her son.
---------------------------------------------------------------------------
    The Lofgren Amendment included other necessary amendments 
to current VAWA provisions such as allowing discretionary 
waivers for good moral character determinations and training 
judges, immigration officials, and law enforcement officers on 
VAWA immigration provisions.
    Regretfully, the Majority raised a point of order against 
this amendment, thereby preventing debate and a vote on this 
issue, even though immigration matters are within the 
jurisdiction of the Judiciary Committee. Although Rep. McCollum 
sought to argue that he supported doing ``something'' about the 
battered immigrant problem by noting Immigration Subcommittee 
Chairman Smith's pledge to hold hearings on this issue, many of 
us are concerned that this will come too late in the process to 
do much good. Democrats have expressed concern about the 
problem of battered immigrants for the last two Congresses, and 
we believe that with less than six weeks left in the 
legislative calendar, the time for action is now, as part of 
H.R. 1248.\37\
---------------------------------------------------------------------------
    \37\ The Majority also raised points of order preventing 
consideration of several other worthwhile amendments seeking to address 
domestic violence. These include a hate crimes amendment offered by 
Rep. Conyers that would have criminalized conduct that injured a person 
because of his or her race, color, religion, national origin, gender, 
sexual orientation, or disability; an amendment offered by Reps. Scott 
and Conyers that would have created grants to support the development 
of hate crimes prevention programs; an amendment offered by Rep. 
Jackson Lee that would have prohibited employers from discriminating 
against battered women, sexual assault survivors, and stalking 
survivors on account of their status or experience as victims of 
domestic violence; and another amendment offered by Rep. Jackson Lee 
that would have clarified that child abuse orders--like domestic 
relations orders--are properly respected within ERISA so that the young 
victims of domestic violence are given the financial stability they 
deserve.
---------------------------------------------------------------------------
            H.R. 1248 Fails to Protect Against Custodial Sexual Abuse
    H.R. 1248 also totally ignores the issue of custodial 
sexual abuse. According to estimates by the Department of 
Justice, nearly half of all female prisoners have experienced 
some form of sexual and/or physical abuse prior to 
incarceration. Over 50 percent of the female offenders surveyed 
indicated that they had been abused in an intimate relationship 
and 26 percent had been abused by a parent or guardian. In 1996 
Human Rights Watch released ``All Too Familiar: Sexual Abuse of 
Women in U.S. State Prisons,'' a report documenting pervasive 
sexual harassment, sexual abuse, and privacy violations by 
guards and other corrections department employees in state 
prisons in California, the District of Columbia, Georgia, 
Illinois, Michigan, and New York. The report also exposed the 
failure of States to respond to women's reports of sexual abuse 
and harassment.\38\
---------------------------------------------------------------------------
    \38\ This report was not anecdotal. In 1997, the U.S. Department of 
Justice sued the Michigan Department of corrections after its 
investigation found evidence of pervasive sexual abuse in Michigan's 
prisons for women. Justice Department investigators interviewed women 
inmates and found that nearly every woman interviewed reported various 
sexually aggressive acts of guards. Still worse, the Justice Department 
investigators found that women at some prisons had been raped, sexually 
assaulted, subjected to groping and fondling during pat-frisks, and 
subjected to improper visual surveillance by guards in violation of the 
legitimate privacy interests of the women.
---------------------------------------------------------------------------
    While people are wards of the State, they should not be put 
at continuing risk of abuse by prison guards. H.R. 1248 does 
nothing to address the serious problem of custodial sexual 
assault in our nation's prisons. By contrast, Rep. Conyers' 
bill, H.R. 357, would have directed the Attorney General to 
establish guidelines regarding the prevention of custodial 
sexual misconduct in prisons, prohibited individuals who have 
been convicted of or found civilly liable for sexual misconduct 
from becoming correctional staff, and criminalized sexual 
conduct between correctional staff and prisoners. We believe 
these important legislative proposals should be put on the 
table as part of any VAWA legislation.

                               Conclusion

    We believe H.R. 1248 is a step in the right direction 
towards reducing domestic violence, but we can and must do 
more. The Bureau of Justice Statistics reports that each year, 
about 1 million violent crimes are committed against people by 
their current of former spouses, boyfriends, or girlfriends. 
Approximately 85 percent of these victimizations were against 
women.\39\ According to the Congressional Research Service, 
over three quarters of the adult women who were raped or 
physically assaulted say that the perpetrator was a current or 
former spouse, a co-habitating partner, or a date. As serious 
as these facts are, they also serve to energize us to continue 
the fight against domestic violence.
---------------------------------------------------------------------------
    \39\ BJS Study.
---------------------------------------------------------------------------
    Thus, although we are encouraged that the Majority took 
action on H.R. 1248, we are disappointed that the Majority 
chose to weaken H.R. 1248 in important areas, such as dating 
violence and the definition of ``underserved populations,'' and 
opposed numerous Democratic amendments that would have provided 
more comprehensive and well-funded programs to address domestic 
violence and sexual assault in the areas of civil legal 
assistance and research on domestic violence. In addition, the 
Majority prevented debate on several Democratic amendments that 
would have expanded the scope of VAWA in the areas of a Federal 
civil remedy for victims of gender-motivated violence, battered 
immigrant women, hate crimes, employment, and child abuse 
accountability. We hope that as the bill moves forward, we will 
be able to incorporate these provisions into the final VAWA 
legislation.

                                   John Conyers, Jr.
                                   Barney Frank.
                                   Howard L. Berman.
                                   Rick Boucher.
                                   Jerrold Nadler.
                                   Robert C. Scott.
                                   Melvin L. Watt.
                                   Zoe Lofgren.
                                   Sheila Jackson Lee.
                                   Maxine Waters.
                                   Martin T. Meehan.
                                   William D. Delahunt.
                                   Robert Wexler.
                                   Steven R. Rothman.
                                   Tammy Baldwin.
                                   Anthony D. Weiner.

                                  
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