[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1248 Placed on Calendar Senate (PCS)]
Calendar No. 834
106th CONGRESS
2d Session
H. R. 1248
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 22), 2000
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To prevent violence against women.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence Against
Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
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--Victims of Child Abuse Programs
Sec. 191. Reauthorization of court-appointed special advocate program.
Sec. 192. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 193. Reauthorization of grants for televised testimony.
Sec. 194. Dissemination of information.
TITLE II--SEXUAL ASSAULT PREVENTION
Sec. 201. Transfer of rape prevention and education program.
Sec. 202. Rape prevention education.
Sec. 203. Sexual assault and interpersonal violence; demonstration
projects.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
Sec. 301. Civil legal assistance for victims.
Subtitle B--Limiting the Effects of Violence on Children
Sec. 305. Safe havens for children pilot program.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
Sec. 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'';
(3) by striking ``and'' at the end of paragraph (6); and
(4) by redesignating paragraph (7) as paragraph (10) and by
inserting after paragraph (6) the following new paragraphs:
``(7) developing, enlarging, or strengthening State and
local court programs, including training for State, local, and
tribal judges and court personnel, addressing violent crimes
against women, including sexual assault, domestic violence, and
stalking;
``(8) training of sexual assault forensic medical personnel
examiners in the collection and preservation of evidence,
analysis, prevention, and providing expert testimony and
treatment of trauma related to sexual assault;
``(9) supporting the development of sexual assault response
teams to strengthen the investigation of sexual assaults and
coordinate services for victims of sexual assault; and''.
(d) Monitoring and Compliance.--Section 2002 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended by
redesignating subsections (e), (f), (g), and (h) as subsections (f),
(g), (h), and (i), respectively, and by inserting after subsection (d)
the following:
``(e) Monitoring and Compliance.--The Attorney General shall deny
applications--
``(1) that do not meet the requirements set forth in
subsections (c) and (d); and
``(2) for failure to provide documentation, including
memoranda of understanding, contract, or other documentation of
any collaborative efforts with other agencies or
organizations.''.
(e) Victim Services.--Section 2003(8) of Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking
``assisting domestic violence or sexual assault victims through the
legal process'' and inserting ``providing advocacy and assistance for
victims seeking abuse-related health care services and legal and social
services, except that such term shall not include programs or
activities that are targeted primarily for offenders''.
(f) Indian tribal grants.--Section 2002(b)(1) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is
amended by striking ``4 percent'' and inserting ``5 percent''.
(g) Medical Cost Reimbursement.--Section 2005(b)(3) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(b)(3))
is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by inserting after subparagraph (D) the following:
``(E) the reimbursement is not contingent upon the
victim's report of the sexual assault to law
enforcement or upon the victim's cooperation in the
prosecution of the sexual assault.''.
(h) State and Local Courts.--Section 2002(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(a)) is amended
by inserting ``, State and local courts'' after ``States'' the second
time it appears.
(i) Information Reporting.--Section 2001(b)(4) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)(4)) is
amended by adding before the semicolon the following: ``, including the
reporting of such information to the National Instant Criminal
Background Check System''.
SEC. 103. STATE COALITION GRANTS.
Section 2001 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg) is amended by inserting after subsection (b)
the following new subsection:
``(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 the enactment of the
Violence Against Women Act of 2000''.
SEC. 105. FILING COSTS FOR CRIMINAL CHARGES.
Section 2006 of part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-5) is amended--
(A) in the heading, by striking ``filing'' and
inserting ``and protection orders'' after ``charges'';
(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 the enactment of the Violence Against Women
Act of 2000''; and
(C) by adding at the end the following:
``(c) Definition.--In this section, the term `protection order' has
the meaning given the term in section 2266 of title 18, United States
Code.''.
SEC. 106. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat. 1902) is amended
by adding at the end the following:
``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including
Domestic Violence and Sexual Assault Against Older or Disabled
Individuals
``SEC. 40801. DEFINITIONS.
``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) Reallotment of Funds.--Section 304(d) of the Family Violence
Prevention and Services Act (42 U.S.C. 10403(d)) is amended--
(1) by inserting after ``to such State in grants under
section 303(a)'' the following: ``or Indian tribe or tribal
organization under section 303(b)'';
(2) by inserting after ``failure of such State'' the
following: ``or Indian tribe or tribal organization, or other
entity'';
(3) by inserting after ``such amount to States'' the
following: ``and Indian tribes and tribal organizations'';
(4) by inserting after ``which meet such requirements'' the
following: ``proportionate to the original allocation made
under subsection (a) or (b) of section 303, respectively''; and
(5) by redesignating paragraph (2) as paragraph (3) and
adding after paragraph (1) the following:
``(2) If, at the end of the sixth month of any fiscal year for
which sums are appropriated under section 310, the amount allotted to
an entity has not been made available to such entity in grants under
sections 308 and 311 because of the failure of such entity to meet the
requirements for a grant or because the limitation on expenditure has
been reached, then the Secretary shall reallot such amount to States
and Indian tribes and tribal organizations that meet such requirements
proportionate to the original allocation under subsection (a) or (b) of
section 303, respectively.''.
(b) Tribal Domestic Violence Coalitions.--Section 303(b) of the
Family Violence Prevention Services Act (42 U.S.C. 10402(b)) is amended
by adding at the end the following:
``(4) From the amounts made available under paragraph (1), there
shall be awarded by the Secretary not less than 5 percent of such
amounts for the funding of tribal domestic violence coalitions. To be
eligible for a grant under this paragraph, an entity shall be a private
nonprofit coalition whose membership includes representatives from a
majority of the programs for victims of domestic violence operating
within the boundaries of an Indian reservation and programs whose
primary purpose is serving the populations of such Indian country and
whose board membership is representative of such programs. Such
coalitions shall further the purposes of domestic violence intervention
and prevention through activities including--
``(A) training and technical assistance for local
Indian domestic violence programs and providers of
direct services to encourage appropriate responses to
domestic violence in Indian country;
``(B) planning and conducting needs assessments and
planning for comprehensive services in Indian country;
``(C) serving as an information clearinghouse and
resource center for the Indian reservation represented
by the coalition receiving these funds;
``(D) collaborating with Indian, State, and Federal
governmental systems which affect battered women in
Indian country, including judicial and law enforcement
and child protective services agencies, to encourage
appropriate responses to domestic violence cases;
``(E) conducting public education and outreach
activities addressing domestic violence in Indian
country;
``(F) collaborating with State domestic violence
coalitions in the areas described above; and
``(G) participating in planning and monitoring of
the distribution of grants and grant funds to the
Indian reservation and tribal organizations under
paragraph (1).''.
SEC. 124. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
Part T of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg et seq.) is amended by adding at the end the
following:
``SEC. 2007. TRANSITIONAL HOUSING ASSISTANCE.
``(a) In General.--The Attorney General shall award grants to
States, units of local government, and Indian tribes under this section
to carry out programs to provide assistance to individuals and their
dependents--
``(1) who are homeless or in need of transitional housing
or other housing assistance, as a result of fleeing domestic
violence; and
``(2) for whom emergency shelter services are unavailable
or insufficient.
``(b) Assistance Described.--Assistance provided under this section
may include--
``(1) short-term housing assistance, including rental or
utilities payments assistance, where such assistance is
necessary to prevent homelessness due to fleeing domestic
violence; and
``(2) short-term support services, including expenses and
costs associated with transportation and job training
referrals, child care, counseling, transitional housing
identification and placement, and related expenses such as
utility or security deposits and other costs incidental to
relocation to transitional housing.
``(c) Term of Assistance.--An individual or family assisted under
this section may not receive transitional housing assistance for a
total of more than 12 months.
``(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--Victims of Child Abuse Programs
SEC. 191. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13014(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) $12,000,000 for each of the fiscal years 2001, 2002,
2003, and 2004.''.
SEC. 192. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) $2,300,000 for each of the fiscal years 2001, 2002,
2003, and 2004.''.
SEC. 193. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.
Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by inserting after subparagraph (E) the following:
``(F) $1,000,000 for each of the fiscal years 2001, 2002,
2003, 2004, and 2005.''.
SEC. 194. DISSEMINATION OF INFORMATION.
Section 40156 of the Violence Against Women Act of 1994 is amended
by inserting at the end the following:
``(d) Information.--The Attorney General shall annually compile and
broadly disseminate (including through electronic publication)
information about the use of funds and about the projects funded under
this section, including any evaluations of the projects and information
to enable replication and adoption of the strategies identified in the
projects. Such dissemination shall target community-based programs,
including domestic violence and sexual assault programs.''.
TITLE II--SEXUAL ASSAULT PREVENTION
SEC. 201. TRANSFER OF RAPE PREVENTION AND EDUCATION PROGRAM.
Part J of title III of the Public Health Service Act is amended by
inserting after section 393A the following new section:
``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(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 the enactment of
this Act.
SEC. 203. SEXUAL ASSAULT AND INTERPERSONAL VIOLENCE; DEMONSTRATION
PROJECTS.
(a) Demonstration Projects.--Section 393 of the Public Health
Service Act (42 U.S.C. 280b-1a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following
subsection:
``(b)(1) With respect to all victims of sexual assault and
interpersonal violence who present at hospital emergency rooms and
other sites offering services to such victims, demonstration projects
under subsection (a)(6) shall include projects in which, on a 24-hour
basis, nurses and other health care professionals at such rooms and
sites who are trained in accordance with protocols under paragraph
(2)--
``(A) identify victims of such violence;
``(B) collect physical evidence from the victims that may
be of use in judicial proceedings regarding the violence; and
``(C) provide information and appropriate referrals to rape
crisis center programs and victim service providers, including
referrals to health-related services and social services.
``(2) In carrying out paragraph (1), the Secretary shall carry out
a program to train nurses and other health care professionals to
provide the services described in such paragraph. The program shall
develop a protocol for such training.''.
(b) Effective Date.--The amendment made by subsection (a) to
section 393 of the Public Health Service Act (42 U.S.C. 280b-1a) shall
apply to demonstration projects funded under subsection (a)(6) of such
Act which are ongoing on the date of the enactment of this Act.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
SEC. 301. CIVIL LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--The purpose of this section is to enable the
Attorney General to award grants to increase the availability of civil
legal assistance necessary to provide effective aid to victims of
domestic violence, dating violence, stalking, or sexual assault who are
seeking relief in legal matters arising as a consequence of that abuse
or violence, at minimal or no cost to the victims.
(b) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(2) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(3) Civil legal assistance for victims.--The term ``civil
legal assistance'' includes legal assistance to victims of
domestic violence, dating violence, stalking, and sexual
assault in any administrative, civil, judicial, family, or
immigration proceeding. No funds made available under this
section may be used to provide financial assistance in support
of any litigation described in paragraph (14) of section 504(a)
of Public Law 104-134.
(4) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 2003 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
(c) Legal Assistance for Victims Grants.--The Attorney General may
award grants under this subsection to private nonprofit entities,
Indian tribal governments, tribally recognized organizations, qualified
Legal Services Corporation grantees, other voluntary legal services
organizations, and publicly funded organizations not acting in a
governmental capacity such as law schools, and which shall be used--
(1) to implement, expand, and establish cooperative efforts
and projects between domestic violence and sexual assault
victim services organizations and legal assistance providers to
provide legal assistance for victims of domestic violence,
stalking, and sexual assault;
(2) to implement, expand, and establish efforts and
projects to provide legal assistance for victims of domestic
violence, stalking, and sexual assault by organizations with a
demonstrated history of providing direct legal or advocacy
services on behalf of these victims; and
(3) to provide training, technical assistance, and data
collection to improve the capacity of grantees and other
entities to offer legal assistance to victims of domestic
violence, stalking, and sexual assault.
(d) To be eligible for a grant under subsection (c), applicants
shall certify in writing that--
(1) any person providing civil legal assistance through a
program funded under subsection (c) has completed or will
complete training in connection with domestic violence or
sexual assault and related legal issues;
(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a State, local, or tribal
domestic violence or sexual assault program or coalition, as
well as appropriate State and local law enforcement officials;
(3) any person or organization providing civil legal
assistance through a program funded under subsection (c) has
informed and will continue to inform State, local, or tribal
domestic violence or sexual assault programs and coalitions, as
well as appropriate State and local law enforcement officials
of their work; and
(4) the grantee's organizational policies do not require
mediation or counseling involving offenders and victims
physically together, in cases where sexual assault, domestic
violence, or child sexual abuse is an issue.
(e) Evaluation.--The Attorney General may evaluate the grants
funded under this section through contracts or other arrangements with
entities expert on domestic violence, stalking, and sexual assault, and
on evaluation research.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
from the Violent Crime Reduction Trust Fund established under
section 310001 of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14211) to carry out this section--
(A) $35,250,000 for fiscal year 2001;
(B) $40,000,000 for fiscal year 2002;
(C) $45,000,000 for fiscal year 2003;
(D) $50,000,000 for fiscal year 2004; and
(E) $55,000,000 for fiscal year 2005;
(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 the
enactment of this Act, and not later than 180 days after the
last day of each fiscal year thereafter, the Attorney General
shall submit to Congress a report that includes information
concerning--
(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 the enactment of this Act, a report of the
actions taken pursuant to subsection (a) is submitted to Congress.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000 for fiscal year 2001.
Subtitle E--Domestic Violence Task Force
SEC. 320. DOMESTIC VIOLENCE TASK FORCE
The Violence Against Women Act of 1994 (108 Stat. 1902), as amended
by section 107, is amended by adding at the end the following:
``Subtitle I--Domestic Violence Task Force
``SEC. 40901. TASK FORCE.
``(a) Establish.--The Attorney General, in consultation with
national nonprofit, nongovernmental organizations whose primary
expertise is in domestic violence, shall establish a task force to
coordinate research on domestic violence and to report to Congress on
any overlapping or duplication of efforts on domestic violence issues.
The task force shall be comprised of representatives from all Federal
agencies that fund such research.
``(b) Uses of Funds.--Funds appropriated under this section shall
be used to--
``(1) develop a coordinated strategy to strengthen research
focused on domestic violence education, prevention, and
intervention strategies;
``(2) track and report all Federal research and
expenditures on domestic violence; and
``(3) identify gaps and duplication of efforts in domestic
violence research and governmental expenditures on domestic
violence issues.
``(c) Report.--The Task Force shall report to Congress annually on
its work under subsection (b).
``(d) Definition.--For purposes of this section, the term `domestic
violence' has the meaning given such term by section 2003 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2(1).
``(e) Authorization of Appropriation.--There are authorized to be
appropriated $500,000 for each of the fiscal years 2001 through 2004 to
carry out this section.''.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 834
106th CONGRESS
2d Session
H. R. 1248
_______________________________________________________________________
AN ACT
To prevent violence against women.
_______________________________________________________________________
September 27 (legislative day, September 22), 2000
Received; read twice and placed on the calendar