After two days of consideration, the House Judiciary Committee approved, 17-0, a bill (H.R. 1248) to reauthorize the Violence Against Women Act (VAWA). The committee began consideration of the measure, which is sponsored by Rep. Connie Morella (R-MD), on June 22 (see The Source, 6/23/00). Overall, the bill would reauthorize more than $3 billion over five years for VAWA programs.
Prior to giving final approval to the bill, the committee adopted, by voice vote, several amendments aimed at strengthening the measure. One such amendment, offered by Rep. Tammy Baldwin (D-WI), would authorize $10 million a year for FY2001 through FY2004 for a new grants program for disabled women who are victims of domestic violence.
Another amendment, offered by Rep. Anthony Weiner (D-NY), would authorize $200,000 to study and establish procedures for the proper handling of physical evidence in rape cases. Another amendment, offered by Rep. John Conyers (D-MI), would allow states to use VAWA grant money to improve their reporting of domestic violence records to the National Instant Criminal Background Check System.
Another amendment, offered by Rep. Asa Hutchinson (R-AR), would authorize $225.25 million over five years for civil legal assistance and advocacy for victims of domestic violence. The amendment represents a compromise to an amendment accepted by the committee during last week’s mark-up (see The Source, 6/23/00). Under the new language, 25 percent of the funding would be set aside for direct services for victims of sexual assault.
The committee also defeated several amendments. One such amendment by Rep. Conyers was aimed at circumventing a recent Supreme Court decision. The 1994 VAWA allowed women who are victims of gender-motivated violence to sue for civil damages in federal court. However, in United States v. Morrison, the Supreme Court declared that provision unconstitutional. The amendment would have placed a condition on states receiving VAWA grant money by requiring them to pass laws allowing women to sue for damages in state courts in order to receive federal VAWA money. The amendment was defeated, 8-13.
Another amendment, offered by Rep. Maxine Waters (D-CA) on behalf of Rep. Martin Meehan (D-MA), would have authorized $42 million to create a task force to research the causes of violence against women. The amendment was defeated, 10-15. However, the committee approved, by voice vote, an amendment offered by Rep. Bill McCollum (R-FL) that would authorize $500,000 to establish a task force to research violence against women.
Two amendments, offered by Rep. Sheila Jackson Lee (D-TX), were struck on a point of order. One of the amendments would have allowed abused children a claim on the pension benefits of their parental abusers. The other amendment would have prohibited employers from discriminating against a victim of domestic violence or rape in their hiring and firing practices.
Another amendment, offered by Rep. Conyers, was also struck on a point of order. The amendment would have added the Hate Crimes Prevention Act (H.R. 1082) to the bill. Although the amendment was not considered, House Judiciary Subcommittee on Crime Chair Bill McCollum stated that the subcommittee would consider a Republican-sponsored version of hate crimes legislation (as-yet-unnumbered) in July.
Additionally, House Judiciary Subcommittee on Immigration and Claims Chair Lamar Smith (R-TX) stated that the subcommittee will hold hearings on the problems that face battered immigrant women in July.
Senate Action
On June 29, after considerable delay, the Senate Judiciary Committee approved, by voice vote, its version of a bill (as-yet-unnumbered) to reauthorize and strengthen current VAWA programs as well as create a number of new programs.
Current VAWA Programs
The Senate bill would reauthorize law enforcement grants (STOP grants) at $185 million per year in FY2001 through FY2005. Grants to encourage arrest policies would be authorized at $65 million per year in FY2001 through FY2005. Rural domestic violence prevention programs would be authorized at $40 million per year in FY2001 through FY2005. National Stalker and Domestic Violence Reduction Grants would be authorized at $3 million per year in FY2001 through FY2005. Battered women’s shelters would be authorized at $175 million per year in FY2001 through FY2005 and the domestic violence hotline would be authorized at $2.75 million per year in FY2001 through FY2005.
Grants to reduce sexual abuse of runaway, homeless, and street youth would be authorized at $22 million per year in FY2001 through FY2005. Victims of child abuse grants would be authorized at $12 million per year in FY2001 through FY2005, while grants for federal victims counselors would be authorized at $1 million per year in FY2001 through FY2005. Rape prevention grants would be authorized at $50 million per year. Community initiatives to prevent domestic violence would be authorized at $5 million per year in FY2001 through FY2005.
For authorization levels under the House bill, see The Source, 6/23/00).
New Provisions
The bill also would extend the authorization for grants to reduce violent crimes against women on campus through the year 2005. The program was established under the Higher Education Amendments of 1998, but has been funded through the VAWA STOP grants program. The bill would authorize $10 million per year for five years.
Like the House bill, the Senate measure would provide flexibility for law enforcement officials to enforce interstate protection orders. Additionally, both bills would target funding for state courts to train court personnel in dealing with violence against women.
The Senate bill would authorize $35 million per year in FY2001 through FY2005 for a new civil legal assistance program. Since FY1998, this program has received funding through the STOP grants.
Like the House bill, the Senate measure would authorize a new program to provide transitional housing to victims of domestic violence. The program would be authorized at $25 million per year in FY2001 through FY2003 and $30 million per year in FY2004 and 2005. Also like the House bill, the Senate version would authorize a new program to provide grants for law enforcement training on elder abuse.
The Senate bill also includes a pilot program that would provide for supervised visitation for children of victims of domestic violence. The program would be authorized at $15 million each year for FY2001 and FY2002.
The Senate bill would establish a new grant program to address the needs of disabled women who experience violence. The program would be authorized at $5 million per year in FY2001 through FY2005. The House bill includes a similar program.
Additionally, the Senate measure would authorize $5 million per year in FY2001 through FY2003 for the Department of Health and Human Services to make grants for the development of model programs to provide education and training to individuals who are likely to provide services to victims of violence against women.
Unlike the House bill, the Senate version includes a number of protections for battered immigrant women who currently face deportation under a change made to immigration law in 1996.
The Senate measure includes a number of studies not included in the House bill. One study would examine insurance discrimination against women who have been victims of violence. Another study would examine the workplace effects of violence against women, and a third study would examine unemployment compensation for victims of violence against women who lose their jobs as a direct result of that violence. Additionally, the Attorney General would be required to submit recommendations on modifications to the Parental Kidnapping Act where domestic violence is a factor. Finally, under the Senate bill, the Attorney General would be required to develop a research agenda on violence against women.
