Order Code RS20195 Updated January 25, 2001 Violence Against o enAct: [horization, Federal Funding and Recent development Alison Siskin Anayst in Social Legislation Dcms1 Social Policy Division Summary *OnOc 26, a fivo appiopriations I he X oirc together with an c n~or Control and La~ Exn~ ne approx~ed the conference ort Protection Act (H R 3244/s 1> Cl~ 2000 the measure contains lai ~ge to r (V ~WA~; as amended. The couf ~to re FY2005 the ~eadina VAW~k piogiat aidi V autho~ziii~ grants for legal assistance v etu sexual assault provid'inu funding for tr~hsi al hop and credit entoroement. Thd compnteal7ed tra ig 0 f and refining the protections for bat tel ed im.migrar cure .programs to cover violence that arises in dativg reh~ ushios -year reautliou~aLion of al at the end of FY2 000 IV of the Violent Crime er I 1. 2000, the Senate 1 Trafflckin~ Victims use on October 6, 4 Women ~ct zes through such as g 411(1 ith X~ ~XVA was enacted in .1994 and became law afte ion national social and criminal bdnctions agailist tho~ who. c i it v women, acts including sexual assault domestic violenc& ~hd st~ B 95 and IX 2000, Congress steaddx increased finding for most of Tale s gra r ains In FY2000 the amount appropriated for programs under VAWA x~ ~ million Icr IY2Q0l~ Congress appropriated $407 ~ milhon fo~ VAWA pLo~ s. A right debn~ted under Tale IV that allowed individual1~ t6 s6e in fedei al court for gender - motivated criries was declared i.ihconstiiutional by the Supreme Court on May 15 2000 Untouched by the C&u i ruling w crc alt othei provisions of VAWI~ a number of gtant progi ains td the states together with ntandatorv studies intended to document the extent of the problem pf violence against women and to point toward possible solutions. ibis CR5 report will be updated fo lowing action c i reauthorization of VAWA and on final 1Y2001 funding aLtion J||J|I|ItlIIIIIIlU||IIHII IImI|I|HIIIII
Transcript
Order Code RS20195Updated January 25, 2001
Violence Against o enAct:[horization, Federal Funding and Recent
developmentAlison Siskin
Anayst in Social LegislationDcms1 Social Policy Division
Summary
*OnOc 26, a fivoappiopriations I he X oirctogether with an c n~orControl and La~ Exn~ neapprox~ed the conference ortProtection Act (H R 3244/s 1> Cl~2000 the measure contains lai ~ge to r(V ~WA~; as amended. The couf ~to reFY2005 the ~eadina VAW~k piogiat aidi
V
autho~ziii~ grants for legal assistance v etusexual assault provid'inu funding for tr~hsi al hopand credit entoroement. Thd compnteal7ed tra ig 0 fand refining the protections for bat tel ed im.migrar cure.programs to cover violence that arises in dativg reh~ ushios
-year reautliou~aLion ofal at the end of FY2 000IV of the Violent Crime
er I 1. 2000, the Senate1 Trafflckin~ Victims
use on October 6,4 Women ~ct
zes throughsuch asg 411(1
ith
X~ ~XVA was enacted in .1994 and became law afte ionnational social and criminal bdnctions agailist tho~ who. c i it vwomen, acts including sexual assault domestic violenc& ~hd st~ B 95and IX 2000, Congress steaddx increased finding for most of Tale s gra r ainsIn FY2000 the amount appropriated for programs under VAWA x~ ~ millionIcr IY2Q0l~ Congress appropriated $407 ~ milhon fo~ VAWA pLo~ s. A rightdebn~ted under Tale IV that allowed individual1~ t6 s6e in fedei al court for gender -
motivated criries was declared i.ihconstiiutional by the Supreme Court on May 15 2000Untouched by the C&u i ruling w crc alt othei provisions of VAWI~ a number of gtantprogi ains td the states together with ntandatorv studies intended to document the extentof the problem pf violence against women and to point toward possible solutions. ibisCR5 report will be updated fo lowing action c i reauthorization of VAWA and on final1Y2001 funding aLtion
J||J|I|ItlIIIIIIlU ||IIHII IImI|I|HIIIII
CRS-2
Violence Against Women: Background and Statistics
Statistics on crimes of violence against women depict a personal safety problem thatsome believe may seriously limit the ability of threatened women to function fully inAmerican society, Such crimes often have devastating consequences for these womenpersonally, as well as for their families and fbr society as a whole, Since FY 1995, a majorsource of funding for programs to reduce rape, stalking, and domestic violence has beenthe Violence Against Women Act (P.L. 103-322, Title IV). The Departments of Justice(DOJ) and Health and Human Services (HHS) administer a number of grants underVAWA, and their reports on addressing or preventing gender-related cries are submittedannuay to Congress. Prior to the existence of these reports, empirical data were limitedon the interrelationshps between certain types of violence against women, such aschildhood victimization and subsequent adult victimization. The data being collected underVAWA. are intended to help define the extent of the problem of violence against women
and point toward possible solutions. Based on this surwey data, the 1998 collaborativestudy on violence jointly funded by DOJ and 111IS1 reported that:
itercourbeen rape,lifetime. Iprojected
ludes forced vaginal, oral, and analin the United States said they have
of an attempted rape (2.8%) in theirfigures, 17.7 million women are
re than half of the rape victims saidthey were under age 17 when first raped. Of the womenbeing raped at some time in their lives, 22% were under 1232% were 12 to 17 years old when they were first raped.
e Differences in the prevalence of reported rape and physical awomen of different racial and ethrc backgrounds arsignificant: American IrdianiAlaska Native women werereport these crimes, Asianifc Islander women were report them, and Hispanic woe ere ess likely to makethan non-Hispanic women.
* Physical assau, ranging from slapping and hitting to g
widespread: 52% of women said they were physically assauby an adult caretaker or as an adult by any type of perperaof women said they were physically assaulted in the previoiBased on the survey figures, approximately 1.9 millionprojected to be physically assaulted annually in the United
wio reportedyears old and
assault among- statisticallynost likely toeast likely to
U.S Department of Justice, National Institute of Justice, Office of Justice Programs, and
Department of Health and Human Services, Centers for Disease Control and Prevention,Prevalence, Incidence, and Consequences qf Violence Against Women: Findings from theNational H'olence Against women Survey (Washington: November 1998), p. 2. The principalsource for crime data has long been the FBfs Uniform Crime Reporting (UCR) Program, acompilation of monthly law enforcement reports and individual crime incident records voluntarilysubmitted, Since crimes against women are believed to be underreported in the UCR, data fr thecollaborative DOJ-HHS survey were based on a nationally rcpresentativetelephone survey of ,000women and 8,000 men. The survey was designed to protect confidentiality and minimize thepotential for rctrauinatizing victims. Differences in data collectionmethods explain the differencesbetween the collaborative survey and the UCR
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* Women report significantly more partner violence than do men: 29% ofwomen, compared with 8% of men, said they were raped or physicallyassaulted or both in, their lifetime by a current or former spouse,cohabiting partner, or date; 1.5% of women and 0.9% of men said theywere raped or physically assaulted by such a perpetrator in the previous12 months, According to survey estimates, approximately 1 .5 millionwomen and 834,700 men are projected to be raped or physically assaultedby an intimate partner annually in the United States.2
" Violence against adult women is primarily partner violence: 76% of thewomen (compared to 18% of men) who were raped or physicallyassaulted or both since age 18 said the perpetrator was a current orformer spouse, a co-habiting partner, or a date.
" Women are significantly more apt to be injured during an assault: 32% ofwomen and t6% of men who reported they were raped since age 18 saidthey were injured during tiher most recent rape; 39% of the women and
ztor ine men widuring their most r,
were injured dffin,Stalking is more pi
stalking that invconsensual comm:combination fthe8% of women andlives. Accordingand 371,000 met
to
,sically assaulted since age 18 were injured,a! assault. About one in three women whoassault required medical care.
r previously thought: using a definition of.ted visual or physical proximity non-verbal written or implied threats; or aId cause a victim to feel a high level of fear,said they were staked at some time in theirtimates, approximately one million women. to be stalked anuallv in the united States.
Legislative Summary and Sup,
Legislation proposing a federal response to the problem ofviolence aowas first introduced in 1990, in part due to pressure from organized worrCongressional action to address gender-related violence culninated in the enaViolent Crime Control and Law Enforcement Act of 1994.' Under itsViolence Against Women Act, known as VAWA, a provision was includehave permitted private damage suits in federal court bx victims of "gendviolence." This provision was struck down (5-4) on Ma 5, 2000, by the Suin United Slates v. Morison as unconstitutional under the Commerce C1,Fourteenth Amendment. This provision would have pernitted private dafederal court by victims of "gender motivated violence." The Court fouviolence does not substantially affect interstate commerce. It fisher n(Fourteenth Amendment is directed at state actions, not those of private citi
1-nst women,'s groups.
uent of thetitle IV_ the
Suits iniat suchthat the
Unaffected by the Court decision were grant programs established under VAWAand created within DOJ and HHS These programs are administered by the states andfunds can be allocated by the states to state agencies, Indian tribal governments, units of
For men, the reported number of rape victims was statistically insignificant
(P. 103-322, 108 Stat. t902., 42 U.S.C 13701). See: CRS Report 94-910, Crime Control:Simnmari, ofthe violent Crime Control and Leaw Rnforcezeft fAct of 1994, coordinated by CharlesDove. n. 32-48
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local government and private nonprofit groups They include grants to improve lawenforcement and prosecution of violent crimes against women, grants to encourage arrestsin domestic violence incidents, moneys for rural domestic violence and child abuseenforcement, rape prevention and education programs, and grants for battered women'sshelters, among others. (A national domestic violence hotline is funded to a singlecontractor directly out of HHS )4 Funding was authorized th ough FY2000 under theViolent Crime Reduction Trust Fund (VCRTF), created under Title X.M of the ViolentCrime Control and Law Enforcement Act of 1994.
The t06'h Congress approved the reauthorization of VAWA grant programs,amended, under Division B, the Violence Against Women Act of 2000, in the SexuaTrafficking Victims Protection Act (H.R. 3244/ Smith, Christopher). The President signedthe bill on October 26, 2000, VAWA 2000 reauthorizes from FY2001-FY2005 the keyVAWA programs, Aso, the bill authorizes grants for legal assistance for victims ofdomestic violence, stalking, and sexual assault; provides funding for transitional housingassistance; improves full faith and credit enforcement and computerized tracking ofprotection orders; strengthens and refies the protections for battered immigrant women;anborizes grants for supervised visitation and safe visitation exchange of children betweenparents in situations involving domestic violence, child abuse, sexual assault, or stalking,and expands several of the key grant programs to cover violence that arises in datingrelationships. As approved, H.R. 3244 superce two earlier measures to reauthorizeVAWA, HK R %48/More" ,-and St2787/Bidenehn Hatch. HR. 1248 was passed by theHouse, amended, on Sepe.-er 26, 2000, and S. 2787 was reported by the SenateJudiciary Committee oniJuly 12, 20K
Funding Under the o en t
The FY2000 amount enacted for VAWA programs was $453.25 million, $17.5million less than the amount enacted for FY1999 and $1,0 million more than thePresident s FY2000 request,' For IN2001, the President requested $481 million andCongress appropriated $407. 8 million for VAWAprograms, however, funding for VAAprograms created in the original Act did not truly decrease, Grants to Prevent SexualAbuse of Runaways and Homeless Youth were reauthorized in the Missing: Exploied, andRunwav Children Protection Act (P.. 106-71 ), and received appropriations of $15 millionfor FY200I. In addition, the Center for Disease Control received $76 million forPrevention Grants such as Rape Education and Prevention and Cm unity DomesticViolence Programs, but the appropriations bill failed to specify specific amounts for thedifferent programs. Assuming FY2001 finding levels for the prevention grants remain atFY2000 levels funding for VAWA programs increased by $20 million between FY2000and FY2001 As the table below shows, not all of the programs enacted under VAWAhave been funded continuously; some have received money for a brief period only, whileothers have never been funded.
4 The current and past fading levels of these programs are listed in the table at the end of thisreport.
'Consolidated Appropriations Act for FY2000 (P.L. 106- 113) signed by President Clinton on Oct.29, 1999. (See source note at end of table for complete Congressional Record citation.)
x Enforcement and Prosection Grants ("STOP" 3rats) ISee, 40121) OJP 2
ants to Encourage Arrest Policies (Sec. 40231 ) OJPad Domestic Violence and Child Abuse Lnfbrcenent (Sec. 40295) O.IP
at Appointed Special Advocates for Victims of Cbid Abuse (Sec. 40 56a) Ojpdmng for Judicial Personnel and Practitioners for ietims of Cld Abusc (Sec, Oj[56b)mtis for Televised festimony by Victims of Child Abuse (Sec, 4015) (JIIional Stalker and Domc- c Violence Reduction Grants (Sce. 40603) OJPtinig Progaiis tr Probation amd Parole Officers Wto W ork Wih Released Sexelders (Sec. 40152)
iona Study on Campus Sexual Assault (Sec. 40506) OIPtf Databases Studies (Sec. 4(292) ONleral Victim Counselors (Sec, 401 4) USAltoal: Dpartnent of tusle 2
ining JndgesiCourt Personne (Sec, 40-121-22);Iofal: The Judieiary
ml Risice for Women iii Courts/Tra ing Grants (Sec. 40411-14)
4tohl: Sfate Ji usce nsrmtute
.onal Domestic Violncce Hotline (Sec. 40211 ) ACFrts to Reduce Sexual Abuse of Runaway, Homeless, and Street Youth (Sec. 40155) ACFars for .Latered Women Selters (Sec. 40241) ACFouh Education and Domestic Violence (Sec. 40251) ACFioma Number and Cost of nuries Study (Sec. 40293) CDCe Prevention and Education Grants (Sec. 40151) CDC
immunty Progns on Domestic Violence (See. 4026 1) CDC
total: Dear/mint of Health and Humran eivices
try for Women Capil11 hrprovements to Prevent Crime in National Parks (Sec. 40132)
n y for Women: Capital -Improvements to Prevcnt Crime in Public Parks (Sec. 40133)totalk Depatment of the Iierior
fety for Women: Capital improvements to Prevent Cre -me i bic Transpoiation (Sec. 0 0 0 0 0 013 1)buolal: Depamenw of 7Ira~porion C0 0 0 0 0 0 0
rand Total 27.00 227.10 2;8,50 120.75 438.75 453.25 407.76
Sources For FY 995 FY2000 f[und see Ig ffunding information, see FY2001: Commerce, Justice State AppropriationAppropriations (P.L. 106-554).
These grant were reauthorized through FY2003 by the Missing, Exploited,law on October 12, 1999. Thus, these monies are not included in the total of
These grants were not specified by name in the appropriations bill, However,which would include these programs. $44 million for rape prevention was mthe bill-
Abbreviations to TABLE,In DOJ: USA (United States Attorneys), OJP (Office of Justice Programs)In HMS: ACF (Administration for Children and Faenilies), CDC (Centrs f,,
tates Goverinier: Appendix for indicated years under named agencies. For FY200 1R.L. 106-553), and FY2001: ,abat, Health and Human Services, and Education
Runway Children Protection Act (P. L. 106-71; S.249/Hatch), which vas signed intoNWA funds for FY2001.FIR. 4577 thc CDC was allocated $175 .97 million for prevention grants)ied in the I louse Appropriations conu iittee report, but not included in
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