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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