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The Violence Against Women Act (VAWA):
Historical Overview, Funding, and
Reauthorization
Updated April 23, 2019
Congressional Research Service
https://crsreports.congress.gov
R45410
SUMMARY
The Violence Against Women Act (VAWA):
Historical Overview, Funding, and
Reauthorization
R45410
April 23, 2019
Lisa N. Sacco
Analyst in Illicit Drugs and
Crime Policy
The Violence Against Women Act (VAWA; Title IV of P.L. 103-322) was originally enacted in
1994. It addressed congressional concerns about violent crime, and violence against women in
particular, in several ways. It allowed for enhanced sentencing of repeat federal sex offenders;
mandated restitution to victims of specified federal sex offenses; and authorized grants to state,
local, and tribal law enforcement entities to investigate and prosecute violent crimes against women, among other things.
VAWA has been reauthorized three times since its original enactment. Most recently, Congress passed and President Obama
signed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4), which reauthorized most VAWA programs
through FY2018, among other things.
The fundamental goals of VAWA are to prevent violent crime; respond to the needs of crime victims; learn more about
crime; and change public attitudes through a collaborative effort by the criminal justice system, social service agencies,
research organizations, schools, public health organizations, and private organizations. The federal government tries to
achieve these goals primarily through federal grant programs that provide funding to state, tribal, territorial, and local
governments; nonprofit organizations; and universities.
VAWA programs generally address domestic violence, sexual assault, dating violence, and stalking—crimes for which the
risk of victimization is highest for women—although some VAWA programs address additional crimes. VAWA grant
programs largely address the criminal justice system and community response to these crimes, but certain programs address
prevention as well.
The Office on Violence Against Women (OVW) administers the majority of VAWA-authorized programs, while other
federal agencies, including the Centers for Disease Control and Prevention (CDC) and the Office of Justice Programs (OJP),
also manage VAWA programs. Since its creation in 1995 through FY2018, OVW has awarded more than $8 billion in grants
and cooperative agreements to state, tribal, and local governments, nonprofit organizations, and universities. In FY2019,
approximately $559 million was appropriated for VAWA-authorized programs administered by OVW, OJP, and CDC. While
several extensions of authorization for VAWA were provided through FY2019 continuing appropriations, authorizations for
appropriations for all VAWA programs have since expired. However, all VAWA programs funded in FY2018 have been
funded in FY2019 (select programs at slightly higher levels), and thus far it appears that the expiration of authorizations has
not impacted the continuing operation of VAWA programs. The Administration has requested FY2020 funding for all
VAWA-authorized programs funded in FY2019.
There are several issues that Congress may consider in efforts to reauthorize VAWA. These include, but are not limited to,
improvements to data collection on domestic violence and stalking or the rape kit backlog; assessing the implementation and
future direction of tribal jurisdiction over non-tribal members, including potentially adding new crimes under VAWA; new
approaches for law enforcement in assisting victims; and enforcement of the federal prohibition on firearms for those
convicted of a misdemeanor crime of domestic violence and those who are subject to a domestic violence protective order.
Congress may also consider further changes to VAWA programs.
In the 116th Congress, the House passed the Violence Against Women Reauthorization Act of 2019 (H.R. 1585). Among
other things, it would reauthorize funding for VAWA programs and authorize new programs; amend and add definitions used
for VAWA programs; amend federal criminal law relating to firearms, custodial rape, and stalking; and expand tribal
jurisdiction over certain crimes committed on tribal lands.
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The Violence Against Women Act (VAWA)
Contents
Introduction ……………………………………………………………………………………………………………………. 1
Origins of VAWA…………………………………………………………………………………………………………….. 1
Violence Against Women Act of 1994 ………………………………………………………………………….. 2
Investigations and Prosecutions ……………………………………………………………………………… 2
Grant Programs ……………………………………………………………………………………………………. 3
Immigration Provisions …………………………………………………………………………………………. 4
Other VAWA Requirements …………………………………………………………………………………… 4
Office on Violence Against Women ……………………………………………………………………………… 4
Categories of Crime Addressed through VAWA…………………………………………………………………… 5
Domestic Violence …………………………………………………………………………………………………….. 6
Intimate Partner Homicide …………………………………………………………………………………….. 6
Sexual Assault …………………………………………………………………………………………………………… 7
Dating Violence ……………………………………………………………………………………………………….. 10
Stalking ………………………………………………………………………………………………………………….. 10
Federal Programs Authorized by VAWA …………………………………………………………………………… 12
FY2018–FY2019 Appropriations……………………………………………………………………………….. 12
FY2020 Appropriations …………………………………………………………………………………………….. 14
Past Reauthorizations and Changes to VAWA ……………………………………………………………………. 15
2000 Reauthorization ……………………………………………………………………………………………….. 15
2005 Reauthorization ……………………………………………………………………………………………….. 16
2013 Reauthorization ……………………………………………………………………………………………….. 16
Consolidation of Grant Programs …………………………………………………………………………. 17
VAWA Grant Provisions………………………………………………………………………………………. 18
Accountability of Grantees ………………………………………………………………………………….. 19
Sexual Assault and Rape Kit Backlog …………………………………………………………………… 19
Trafficking in Persons …………………………………………………………………………………………. 20
American Indian Tribes……………………………………………………………………………………….. 20
Battered Nonimmigrants ……………………………………………………………………………………… 21
Underserved Populations …………………………………………………………………………………….. 21
Housing …………………………………………………………………………………………………………….. 21
Institutions of Higher Education (IHEs) ………………………………………………………………… 22
Other Changes……………………………………………………………………………………………………. 23
Rape Survivor Child Custody Act ………………………………………………………………………………. 23
Current Efforts to Reauthorize VAWA ……………………………………………………………………………… 23
Improvements to Data Collection ………………………………………………………………………………. 24
Tribal Jurisdiction ……………………………………………………………………………………………………. 25
New Approaches for Law Enforcement ………………………………………………………………………. 26
Domestic Violence and Federal Prohibition of Possession of Firearms……………………………. 27
Other Changes to VAWA Programs …………………………………………………………………………….. 28
Figures
Figure 1. Forcible Rapes Known to Police ………………………………………………………………………….. 8
Figure 2. Sexual Assault Victimizations Reported and Not Reported to Police ………………………… 9
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The Violence Against Women Act (VAWA)
Figure 3. Estimated Number of Stalking Victims, Lifetime and 12-Month Period ……………………11
Tables
Table 1. FY2018 and FY2019 Appropriations and Set-Asides for VAWA Programs……………….. 12
Table A-1. Current VAWA-Authorized Programs Funded Under the Departments of
Justice and Health and Human Services…………………………………………………………………………. 30
Table A-2. Unfunded VAWA-Authorized Programs ……………………………………………………………. 37
Table A-3. Five-Year Funding History for VAWA by Administrative Agency ………………………… 37
Appendixes
Appendix. Additional Data for VAWA Programs ……………………………………………………………….. 30
Contacts
Author Information………………………………………………………………………………………………………… 38
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The Violence Against Women Act (VAWA)
Introduction
The Violence Against Women Act (VAWA) was originally enacted in 1994 (P.L. 103-322). It
addressed congressional concerns about violent crime, and violence against women in particular,
in several ways. Among other things, it allowed for enhanced sentencing of repeat federal sex
offenders; mandated restitution to victims of specified federal sex offenses; and authorized grants
to state, local, and tribal law enforcement entities to investigate and prosecute violent crimes
against women.1
This report provides a brief history of VAWA and an overview of the crimes addressed through
the act. It includes brief descriptions of earlier VAWA reauthorizations and a more-detailed
description of the most recent reauthorization in 2013. It also briefly addresses reauthorization
activity in the 116th Congress. The report concludes with a discussion of VAWA programs and a
five-year history of funding from FY2015 through FY2019.
Origins of VAWA
The enactment of VAWA was ultimately spurred by decades of growing unease over a rising
violent crime rate and a focus on women as crime victims. In the 1960s, the violent crime rate
rose fairly steadily—it more than doubled from 1960 (160.9 per 100,000) to 1969 (328.7 per
100,000)2—igniting concern from both the public and the federal government. Adding to this was
the concern about violent crimes committed against women. In the 1970s, grassroots
organizations began to stress the need for attitudinal change among both the public and the law
enforcement community regarding violence against women.3
In the 1970s and 1980s, researchers increased their attention on the issue of violence against
women as well. In one study, researchers collected data on family violence and attributed declines
in spousal assault to heightened awareness of the issue in men as well as the criminal justice
system.4 The public and the criminal justice system were beginning to view family violence as a
crime rather than a private family matter.5
In 1984, Congress and President Reagan enacted the Family Violence Prevention and Services
Act (FVPSA, P.L. 98-457) to assist states in preventing incidents of family violence and to
provide shelter and related assistance to victims and their dependents. While FVPSA authorized
programs similar to those discussed in this report and FVPSA reauthorizations subsequently
reauthorized programs that were originally created by VAWA, such as the National Domestic
Violence Hotline, it is a separate piece of legislation and beyond the scope of this report.6
1 While U.S. code headings and general purpose areas refer to “violent crimes against women,” most grant purpose
areas are not specific to women.
2 U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reporting Statistics, and U.S.
Department of Justice, Bureau of Justice Statistics, UCR Data Tool, https://www.bjs.gov/ucrdata/. Violent crime
includes murder, nonnegligent manslaughter, rape, robbery, and aggravated assault.
3 Kimberley D. Bailey, “Lost in Translation: Domestic Violence, the Personal is Political, and the Criminal Justice
System,” Journal of Criminal Law and Criminology, vol. 100, no. 4 (Fall 2010), pp. 1255-1300.
4 Murray Straus and Richard Gelles, “Societal Change and Change in Family Violence from 1975 to 1985,” Journal of
Marriage and Family, vol. 48, Issue 3, August 1986.
5 Ibid.
6 For more information about FVPSA, see CRS Report R42838, Family Violence Prevention and Services Act
(FVPSA): Background and Funding.
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In 1994, Congress passed and President Clinton signed into law, the Violent Crime Control and
Law Enforcement Act of 1994 (P.L. 103-322), which included VAWA as Title IV. The act created
an unprecedented number of programs geared toward helping local law enforcement fight violent
crime and providing services to victims of violent crime, among other things. In their opening
remarks on VAWA in 1994, Senators Barbara Boxer and Joseph Biden highlighted the insufficient
response to violence against women by police and prosecutors.7 The shortfalls of legal responses
and the need for a change in attitudes toward violence against women were primary reasons cited
for the passage of VAWA.8
VAWA has been reauthorized three times since its original enactment. Most recently, Congress
passed and President Obama signed the Violence Against Women Reauthorization Act of 2013
(P.L. 113-4), which reauthorized most of the programs under VAWA, among other things. In
addition, this VAWA reauthorization amended and authorized appropriations for the Trafficking
Victims Protection Act of 2000, enhanced measures to combat trafficking in persons, and
amended VAWA grant purpose areas to include sex trafficking. Moreover, P.L. 113-4 gave
American Indian tribes authority to enforce tribal laws pertaining to domestic violence and
related crimes against non-tribal members,9 and established a nondiscrimination provision for
VAWA grant programs. The reauthorization also included new provisions to address states’ rape
kit backlogs.
Violence Against Women Act of 1994
The Violence Against Women Act of 1994, among other things, (1) enhanced investigations and
prosecutions of sex offenses; (2) provided for a number of grant programs to address the issue of
violence against women from a variety of angles, including law enforcement, public and private
entities and service providers, and victims of crime; and (3) established immigration provisions
for abused aliens. The sections below highlight examples of these VAWA provisions.
Investigations and Prosecutions
As originally enacted, VAWA impacted federal investigations and prosecutions of cases involving
violence against women in a number of ways. For instance, it established new offenses and
penalties for the violation of a protection order or stalking in which an abuser crossed a state line
to injure or harass another, or forced a victim to cross a state line under duress and then physically
harmed the victim in the course of a violent crime. It added new provisions to require states,
tribes, and territories to enforce protection orders issued by other states, tribes, and territories.
VAWA allowed for enhanced sentencing of repeat federal sex offenders, and it also authorized
funding for the Attorney General to develop training programs to assist probation and parole
officers in working with released sex offenders.
7 Senators Joseph Biden and Barbara Boxer, “Violence Against Women,” Remarks in the Senate, Congressional
Record, June 21, 1994.
8 Senator Joseph Biden, “Violence Against Women: The Congressional Response,” American Psychologist, vol. 48, no.
10 (October 1993), pp. 1059-1061; Barbara Vobejda, “Battered Women’s Cry Relayed Up From Grass Roots,” The
Washington Post, July 6, 1994, p. A1.
9 The law specifies that a participating tribe may exercise special domestic violence criminal jurisdiction over a
defendant only if the defendant (1) resides in the Indian country of the participating tribe; (2) is employed in the Indian
country of the participating tribe; or (3) is a spouse, intimate partner, or dating partner of a member of the participating
tribe or an Indian who resides in the Indian country of the participating tribe. A participating tribe means an Indian
tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that tribe.
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In addition, VAWA established a new requirement for pretrial detention of defendants in federal
sex offense or child pornography felony cases. It also modified the Federal Rules of Evidence to
include new procedures specifying that, with few exceptions, a victim’s past sexual behavior was
not admissible in federal criminal and civil cases of sexual misconduct.10 Moreover, VAWA
directed the Attorney General to study states’ actions to ensure confidentiality between sexual
assault or domestic violence victims and their counselors.
VAWA mandated restitution to victims of specified federal sex offenses, particularly sexual abuse,
sexual exploitation, and other abuse of children. It also established new provisions such as a civil
remedy that allows victims of sexual assault to seek civil penalties from their alleged assailants,11
and a provision that allows rape victims to demand that their alleged assailants be tested for HIV.
Grant Programs
The original VAWA created a number of grant programs for a range of activities, including
programs aimed at (1) preventing domestic violence and sexual assault; (2) encouraging
collaboration among law enforcement, judicial personnel, and public/private sector providers with
respect to services for victims of domestic violence and related crimes; (3) investigating and
prosecuting domestic violence and related crimes; (4) encouraging states, tribes, and local
governments to treat domestic violence as a serious crime and implement arrest policies; (5)
bolstering investigations and prosecutions of domestic violence and child abuse in rural states;12
and (6) preventing crime in public transportation as well as public and national parks.
VAWA created new and reauthorized grants under FVPSA.13 These included grants for youth
education on domestic violence and intimate partner violence as well as grants for community
intervention and prevention programs. It authorized the grant for the National Domestic Violence
Hotline and authorized funding for its operation.14 VAWA also reauthorized funding for battered
women’s shelters.
VAWA authorized research and education grants for judges and court personnel in federal court
circuits to gain a better understanding of the nature and the extent of gender bias in the federal
courts. It additionally authorized grants for developing model programs for training of state and
tribal judges and personnel on laws on rape, sexual assault, domestic violence, and other crimes
of violence motivated by the victim’s gender. It also authorized a new grant to be used for
assisting state and local governments with entering data on stalking and domestic violence into
local, state, and national databases—such as the National Crime Information Center (NCIC)
database.
VAWA authorized the expansion of grants under the Public Health Service Act15 to include rape
prevention education. Additionally, it expanded the purposes of the Runaway and Homeless
10 Fed. R. Evid. 412.
11 In 2000, the U.S. Supreme Court struck down a provision of VAWA that allowed for a civil remedy for victims of
gender-based violence. For more information, see U.S. v. Morrison, 529 U.S. 598 (2000).
12 For the purposes of the program, the term “rural state” means a state that has a population density of 52 or fewer
persons per square mile or a state in which the largest county has fewer than 150,000 people, based on the decennial
census of 1990 through FY1997.
13 42 U.S.C. §10401 et seq.
14 The National Domestic Violence Hotline was most recently authorized by FVPSA (P.L. 111-320) and is codified at
42 U.S.C. §10413.
15 42 U.S.C. §280b et seq.
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Youth Act16 to allow for grant funding to assist youth at risk of or who have been subjected to
sexual abuse. VAWA reauthorized the Court-Appointed Special Advocate Program and the Child
Abuse Training Programs for Judicial Personnel and Practitioners. It also authorized funding for
Grants for Televised Testimony by Victims of Child Abuse.
Immigration Provisions17
VAWA of 1994 addressed immigration-related problems faced by battered aliens.18 It included
three provisions related to abused aliens: self-petitioning by abused foreign national spouses and
their children, required evidence for demonstrating abuse, and suspension of deportation and
cancellation of removal.19 These petitions allowed battered foreign national spouses and their
children to essentially substitute a self-petition for lawful status in place of a petition for lawful
status that was based on sponsorship by the abusive spouse, clarified the evidence required for
joint petition waivers, and established requirements for battered foreign national spouses and
children to stay deportation.
Other VAWA Requirements
Beyond the criminal justice improvements, grant programs, and immigration provisions, VAWA
included provisions for several other activities, including



requiring that the U.S. Postal Service take measures to ensure confidentiality of
domestic violence shelters’ and abused persons’ addresses;
mandating federal research by the Attorney General, National Academy of
Sciences, and Secretary of Health and Human Services to increase the
government’s understanding of violence against women; and
requesting special studies on campus sexual assault and battered women’s
syndrome.
Office on Violence Against Women
In 1995, the Office on Violence Against Women (OVW) was administratively created within the
Department of Justice (DOJ) to administer grants authorized under VAWA. In 2002, OVW was
codified through Title IV of the 21st Century Department of Justice Appropriations Authorization
Act (P.L. 107-273).20 Since its creation through FY2018, OVW has awarded more than $8 billion
in grants and cooperative agreements to state, tribal, and local governments, nonprofit
organizations, and universities.21 While OVW administers the majority of VAWA-authorized
grants, other federal agencies, including the Centers for Disease Control and Prevention (CDC)
and the Office of Justice Programs (OJP), also manage VAWA programs.
16 42 U.S.C. §5711 et seq.
17 For additional details, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act (VAWA).
18 Alien is the term used in the law. The Immigration and Nationality Act (8 U.S.C. §101(a)(3)) defines the term as a
noncitizen.
19 Suspension of deportation and cancellation of removal are forms of discretionary relief that allow an individual
subject to deportation or removal to remain in the United States as a lawful permanent resident alien.
20 See 34 U.S.C. §10442.
21 See U.S. Department of Justice, Office on Violence Against Women, About the Office and Awards,
https://www.justice.gov/ovw.
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Categories of Crime Addressed through VAWA
VAWA programs generally address domestic violence, sexual assault, dating violence, and
stalking, although some VAWA programs address additional crimes.22 VAWA grant programs
largely address the criminal justice system and community response to these crimes, but certain
programs address prevention as well. These crimes involve a wide range of victim demographics,
but the risk of victimization is highest for women.23
Public concern over violence against women prompted the original passage and enactment of
VAWA. As such, VAWA legislation and programs have historically emphasized women victims.
More recently, however, there has been a focus on ensuring that the needs of all victims are met
through provisions of VAWA programs.24 Of note, while the title of the act and some headings
and general purpose areas refer to women only, most VAWA grant purpose areas are not specific
to women.
National victimization data on domestic violence, sexual assault, dating violence, and stalking are
available from two surveys, the National Crime Victimization Survey (NCVS) and the Youth Risk
Behavior Surveillance System.25 Offense data26 are available from the Federal Bureau of
Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program.27 UCR data differ from
victimization data because the UCR data describe crimes that were reported to law enforcement,
while victimization data include crimes that might not have been reported to law enforcement.
Due to differences in what they are trying to measure, victimization data are not directly
comparable to UCR data.28
22 For example, the Justice for Families Program (also called Grants to Support Families in the Justice System)
addresses child sexual abuse, and a priority of the STOP Program is to improve services for and/or the response to
victims of sex trafficking and other severe forms of trafficking in persons who have also experienced domestic
violence, sexual assault, dating violence, or stalking.
23 Sharon G. Smith, Xinjian Zhang, and Kathleen C. Basile et al., The National Intimate Partner and Sexual Violence
Survey: 2015 Data Brief – Updated Release, Centers for Disease Control and Prevention, November 2018, pp. 1-10
(hereinafter, National Intimate Partner Sexual Violence Survey, 2015); Centers for Disease Control and Prevention,
Youth Risk Behavior Surveillance—United States, 2017, Morbidity and Mortality Weekly Report, Surveillance
Summaries/Vol. 67/No. 8, June 15, 2018, pp. 22-23, https://www.cdc.gov/healthyyouth/data/yrbs/pdf/2017/ss6708.pdf;
U.S. Department of Justice, Bureau of Justice Statistics, Rates of rape/sexual assaults by sex and Rates of violent
victimizations and simple assaults by sex and victim-offender relationship, 2016, generated using the NCVS
Victimization Analysis Tool (NVAT) at http://www.bjs.gov/index.cfm?ty=nvat, June 22, 2018.
24 U.S. Congress, Senate Committee on the Judiciary, The Need to Reauthorize the Violence Against Women Act,
Statement of the Honorable Katharine T. Sullivan, Principal Deputy Director, Office on Violence Against Women,
115th Cong., 2nd sess., March 20, 2018.
25 Centers for Disease Control and Prevention, Youth Risk Behavior Surveillance System (YRBSS), http://www.cdc.gov/
healthyyouth/yrbs/; and U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National
Crime Victimization Survey, https://www.bjs.gov/index.cfm?iid=245&ty=dcdetail.
26 Offenses known to law enforcement.
27 U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reporting Program, https://ucr.fbi.gov/
ucr.
28 For additional information regarding the differences in crime data collection and limitations of the data, see CRS
Report RL34309, How Crime in the United States Is Measured. For a comparison of methodologies used by the UCR
and National Crime Victimization Survey, see U.S. Department of Justice, Bureau of Justice Statistics, The Nation’s
Two Crime Measures, September 2014, https://www.bjs.gov/content/pub/pdf/ntcm_2014.pdf.
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Domestic Violence
Domestic violence can take many forms, but is often labeled as family violence or intimate
partner violence. Under VAWA, domestic violence is generally interpreted as intimate partner
violence; it includes felony or misdemeanor crimes committed by spouses or ex-spouses,
boyfriends or girlfriends, and ex-boyfriends or ex-girlfriends. Crimes may include sexual assault,
simple or aggravated assault, and homicide. As defined in statute for the purposes of VAWA grant
programs, domestic violence includes
felony or misdemeanor crimes of violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the victim shares a child in common,
by a person who is cohabitating with or has cohabitated with the victim as a spouse or
intimate partner, by a person similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction receiving grant monies, or by any other person
against an adult or youth victim who is protected from that person’s acts under the domestic
or family violence laws of the jurisdiction.29
From 1993 to 2017, the rate of serious intimate partner violence victimization30 declined by 70%
for females, from 5.7 victimizations per 1,000 females aged 12 and older in 1993 to 1.7 per 1,000
in 2017; and 87% for males, from 1.5 victimizations per 1,000 males aged 12 and older in 1993 to
0.2 per 1,000 in 2017.31 In 2015, a survey conducted by the CDC included questions about
lifetime victimization. The CDC estimates that 21.4% of women and 14.9% of men have
experienced severe physical violence32 by an intimate partner in their lifetime.33
Intimate Partner Homicide
Since peaking in the early 1990s, the violent crime rate (including homicide and intimate partner
homicide) has declined.34 Although it has fluctuated over the last several years, the violent crime
rate remains far lower now than it was in the 1990s.35 In examining the initial decline in the 1990s
and early 2000s, researchers studied a range of social factors that may influence homicide rates
and suggested possible reasons for the decline in the intimate partner homicide rate.36 For
29 34 U.S.C. §12291(a)(8). The Violence Against Women Reauthorization Act of 2013 (P.L. 113-4) revised the
definition of domestic violence specifically to include “intimate partners” in addition to “current and former spouses.”
30 The Bureau of Justice Statistics defines serious intimate partner violence as violent crimes including rape or sexual
assault, robbery, and aggravated assault against an intimate partner.
31 CRS analysis of NCVS victimization data using the NCVS Victimization Analysis Tool (NVAT), U.S. Department
of Justice, Bureau of Justice Statistics, http://www.bjs.gov/index.cfm?ty=nvat. This survey has been redesigned two
times since 1993, once in 2006 and once in 2016, to adjust for the results of the 2000 and 2010 Decennial Census. Both
redesigns caused a statistically noticeable increase in reported victimization rates. 2016 and 1993 numbers are not
direct representations of the same sample design, although the overall decreases among these groups of victimization
seem to overwhelm the increases attributed to redesign.
32 The CDC provided the following examples of severe physical violence: “hit with a fist or something hard, kicked,
hurt by pulling hair, slammed against something, tried to hurt by choking or suffocating, beaten, burned on purpose,
used a knife or gun.”
33 National Intimate Partner Sexual Violence Survey, 2015.
34 In some years, violent and/or property crime increased, but overall, violent and property crime rates have declined
since the early 1990s. CRS analysis of NCVS victimization data using NCVS Victimization Analysis Tool (NVAT);
U.S. Department of Justice, Bureau of Justice Statistics, http://www.bjs.gov/index.cfm?ty=nvat.
35 U.S. Department of Justice, Federal Bureau of Investigation, 2017 Crime in the United States; and UCR Data Tool
available at https://www.bjs.gov/ucrdata/.
36 Margaret A. Zahn, “Intimate Partner Homicide: An Overview,” National Institute of Justice Journal, vol. 250
(November 2003), p. 2, https://www.ncjrs.gov/pdffiles1/jr000250f.pdf.
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instance, most intimate partner homicides involve married couples; as such, some researchers
suggested the decline in marriage rates among young adults is a contributing factor in the decline
in intimate partner homicide rates.37 Additionally, divorce and separation rates increased. Fewer
marriages may result in less exposure to abusive partners, and may suggest that those who do
marry are more selective in choosing a partner.38
Overall, homicide is committed largely by males, mostly victimizing other males. In 2017, males
made up 84% of all offenders and 78% of all homicide victims; however, 78% of all intimate
partner homicide victims were female.39 From 2003-2014, the CDC found that approximately
55% of female homicides for which circumstances were known were related to intimate partner
violence.40
Sexual Assault
Sexual assault may include the crimes of forcible rape, attempted forcible rape, assault with intent
to rape, statutory rape,41 and other sexual offenses. For VAWA programs, sexual assault is defined
as “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the
victim lacks capacity to consent.”42 Sexual assault is termed as “sexual abuse” and “aggravated
sexual abuse” under federal criminal law.43 Of note, intimate partner violence can, and often
does, include sexual assault.44
Until 2012, and for the purposes of its UCR program, the FBI defined forcible rape as “the carnal
knowledge of a female forcibly and against her will.”45 In January 2012, the FBI revised its
definition of rape, and 2013-2017 rape data46 rely on the following definition: “penetration, no
matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex
organ of another person, without the consent of the victim.”47 The new, more inclusive definition


includes either male or female victims or offenders,
includes instances in which the victim is incapable of giving consent because of
temporary or permanent mental or physical incapacity, and
37 Laura Dugan, Daniel Nagin, and Richard Rosenfeld, “Do Domestic Violence Services Save Lives?”, National
Institute of Justice Journal, Issue 250 (November 2003), p. 22.
38 Ibid.
39 CRS analysis of data from U.S. Department of Justice, Federal Bureau of Investigation, 2017 Crime in the United
States, September 2018.
40 Emiko Petrosky, Janet M. Blair, Carter J. Betz et al., Racial and Ethnic Differences in Homicides of Adult Women
and the Role of Intimate Partner Violence—United States, 2003–2014, CDC, July 21, 2017.
41 Statutory rape refers to nonforcible sexual intercourse with or between individuals, at least one of whom is younger
than the age of consent.
42 34 U.S.C. §12291(a) (29).
43 See 18 U.S.C. §2241 et seq.
44 Sharon G. Smith, Jieru Chen, and Kathleen C. Basile, The National Intimate Partner and Sexual Violence Survey
(NISVS): 2010-2012 State Report, Centers for Disease Control and Prevention, National Center for Injury Prevention
and Control, April 2017, p. 2; and Shannan Catalano, Erica Smith, and Howard Snyder et al., Female Victims of
Violence, September 2009, p. 2.
45 U.S. Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2012, October 2013.
46 The FBI continues to report data relying on the legacy definition in addition to the new definition of rape.
47 U.S. Department of Justice, Federal Bureau of Investigation, 2017 Crime in the United States, October 2018; and
U.S. Department of Justice, Office of Public Affairs, Attorney General Eric Holder Announces Revisions to the
Uniform Crime Report’s Definition of Rape, http://www.justice.gov/opa/pr/2012/January/12-ag-018.html.
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
reflects the various forms of sexual penetration understood to be rape.48
Both the legacy definition and the current definition exclude statutory rape—nonforcible sexual
intercourse with or between individuals, at least one of whom is younger than the age of
consent.49
According to UCR data, and applying the revised definition of rape, 135,755 forcible rapes were
reported to law enforcement in 2017—a rate of 41.7 per 100,000 people.50 From 2013-2017, the
number of rapes (revised definition) increased by 19.4%, and the rate increased each year, from
35.9 per 100,000 in 2013 to 41.7 per 100,000 in 2017.51
Using the legacy definition, 99,856 forcible rapes were reported to law enforcement in 2017.
Since 1990, when 102,555 forcible rapes (previous definition) were reported, the number has
fluctuated but has generally declined, though it also has increased each year since 2013 (see
Figure 1).
Figure 1. Forcible Rapes Known to Police
(United States, 1993-2017)
Source: CRS presentation of UCR data. These data are available at https://ucr.fbi.gov.
Notes: For the legacy and revised definitions of forcible rape, see the text of the report.
According to statistics from the National Crime Victimization Survey (NCVS), it is estimated that
there were 393,980 sexual assaults (1.4 per 1,000 aged 12 and older) in 2017—which is nearly
triple the number of forcible rapes reported in the 2017 UCR.52 As noted, NCVS estimates are not
directly comparable to UCR program data because victimizations are self-reported during
48 U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Reporting (UCR) Program Summary
Reporting System (Summary) New Rape Definition is Effective January 1, 2013, https://ucr.fbi.gov/new-rape-fact-sheet.
49 For a broader discussion of statutory rape, see this older report from the U.S. Department of Justice: Karyl TroupLeasure and Howard N. Snyder, Statutory Rape Known to Law Enforcement, U.S. Department of Justice, Office of
Justice Programs, Office of Juvenile Justice and Delinquency Prevention, August 2005.
50 U.S. Department of Justice, Federal Bureau of Investigation, 2017 Crime in the United States, Table 1, September
2018.
51 Ibid.
52 U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2017, December 2018, p. 3.
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interviews53 and may not have been reported to law enforcement. The UCR and NCVS also
measure rape and sexual assault differently—among other variations, the NCVS combines rape
and sexual assault into one category.54
As shown in Figure 2, and similar to UCR data, NCVS data reflect a decline in sexual assaults
since 1993; however, the victimization survey went through a redesign in 2006 and 2016, so data
over time should be interpreted with caution.55 Figure 2 demonstrates that a fairly low percentage
of rape/sexual assaults are reported to police each year. In 2017, it is estimated that 40% of rape
or sexual assault incidents were reported to the police—nearly double the percentage that were
reported in 2016.56
Figure 2. Sexual Assault Victimizations Reported and Not Reported to Police
Estimates from National Crime Victimization Survey Data, United States: 1993-2017
Source: CRS presentation of estimates from the U.S. Department of Justice, Bureau of Justice Statistics.
Estimates generated using the NCVS Victimization Analysis Tool (NVAT) at http://www.bjs.gov/index.cfm?ty=
nvat, April 11, 2019.
Notes: The National Crime Victimization Survey sample went through redesigns in 2006 and 2016, so estimates
should be interpreted with caution. For further details, see U.S. Department of Justice, Bureau of Justice
Statistics, Data Collection: National Crime Victimization Survey (NCVS).
53 U.S. Census Bureau representatives conduct interviews in person and by telephone.
54 The NCVS defines rape as “forced sexual intercourse including both psychological coercion as well as physical
force. Forced sexual intercourse means penetration by the offender(s).” It includes attempted rapes, male and female
victims, and both heterosexual and same sex rape. Attempted rape includes verbal threats of rape. It defines sexual
assault as a “wide range of victimizations, separate from rape or attempted rape. These crimes include attacks or
attempted attacks generally involving unwanted sexual contact between victim and offender. Sexual assaults may or
may not involve force and include such things as grabbing or fondling. Sexual assault also includes verbal threats.” See
U.S. Department of Justice, Bureau of Justice Statistics, Statistical Table Index, https://www.bjs.gov/content/pub/html/
cvus/definitions.cfm. See also U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2017,
December 2018, p. 5, 19-21.
55 For a summary of methodological changes in 2006 and 2016, see U.S. Department of Justice, Bureau of Justice
Statistics, Data Collection: National Crime Victimization Survey (NCVS).
56 U.S. Department of Justice, Bureau of Justice Statistics, Criminal Victimization, 2017, December 2018, p. 6.
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Dating Violence
Under VAWA, dating violence refers to “violence committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim.”57 The relationship between
the offender and victim is determined based on the following factors: (1) the length of the
relationship, (2) the type of relationship, and (3) the frequency of interaction between the persons
involved in the relationship.58
While teenagers are not the only demographic subject to dating violence, data reports on dating
violence usually refer to teenagers as the relevant age demographic. According to the CDC’s
2017 Youth Risk Behavior Survey, approximately 8.0% of high school students who dated or went
out with someone during the 12 months before the survey reported being “hit, slammed into
something, or injured with an object or weapon on purpose by someone they were dating or going
out with” one or more times in the past year.59 The prevalence of physical dating violence
victimization was higher among female students (9.1%) than male students (6.5%).60 The overall
percentage of high school students experiencing physical dating violence has declined since the
CDC first included the question in its 2013 survey. In 2013, approximately 10.3% of high school
students reported being a victim of physical dating violence; in 2015, it was 9.6%; and in 2017, it
was 8.0%.61
Stalking
All 50 states, the District of Columbia, and U.S. territories have stalking laws, though they vary
in definition.62 Federal law makes it unlawful to travel across state lines63 or use the mail or
computer and electronic communication services64 with the intent to kill, injure, harass, or
intimidate another person, and as a result, place that person in reasonable fear of death or serious
bodily injury or cause substantial emotional distress to that person, a spouse or intimate partner of
that person, or a member of that person’s family.65
The NCVS Supplemental Victimization Survey (SVS)66 defines stalking as “a course of conduct
directed at a specific person that would cause a reasonable person to feel fear.”67 The SVS
measures these unwanted stalking behaviors:

making unwanted phone calls;
57 34 U.S.C. §12291(a)(10).
58 Ibid.
59 Centers for Disease Control and Prevention, Youth Risk Behavior Surveillance, United States, 2017. Nationwide, it is
estimated that 69% of students dated or went out with someone during the 12 months before the survey.
60 Ibid.
61 Centers for Disease Control and Prevention, High School YRBS, Youth Online, https://nccd.cdc.gov/Youthonline/.
62 Shannan Catalano, Stalking Victims in the United States – Revised, U.S. Department of Justice, Bureau of Justice
Statistics, September 2012, p. 1 (hereinafter, Stalking Victims in the United States – Revised).
63 More precisely, the person travels in interstate or foreign commerce, is present within special maritime and territorial
jurisdiction of the United States, or enters or leaves Indian country when committing the stalking behavior.
64 More precisely, the person uses the mail, any interactive computer service or electronic communication service or
electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce when
committing the stalking behavior.
65 18 U.S.C. §2261A.
66 The SVS was conducted in 2006 as part of the NCVS.
67 Stalking Victims in the United States – Revised, p. 1.
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





sending unsolicited or unwanted letters or emails;
following or spying on;
showing up at places without a legitimate reason;
waiting at places for the victim;
leaving unwanted items, presents, or flowers; or
posting information or spreading rumors about the victim on the internet, in a
public place, or by word of mouth.
According to the NCVS SVS, an estimated
3.3 million individuals aged 18 and older
were victims of stalking in 2006. More
females than males were stalked. Also, the
percentage of individuals targeted decreased
with age; those aged 18-24 experienced the
highest incidence of stalking.68
Figure 3. Estimated Number of Stalking
Victims, Lifetime and 12-Month Period
The CDC measures stalking differently than
the NCVS. For the purposes of CDC reports,
a person is considered a stalking victim “if
they experienced multiple stalking tactics or a
single stalking tactic multiple times by the
same perpetrator and felt very fearful, or
believed that they or someone close to them
would be harmed or killed as a result of the
perpetrator’s behavior.”69 The CDC measured
the following stalking tactics:







Source: CRS presentation of data from Sharon G.
Smith, Xinjian Zhang, and Kathleen C. Basile et al.,
The National Intimate Partner and Sexual Violence Survey:
2015 Data Brief – Updated Release, Centers for
Disease Control and Prevention (CDC), November
2018.
unwanted phone calls, voice or text
messages, hang-ups;
unwanted emails, instant messages, messages through social media;
unwanted cards, letters, flowers, or presents;
watching or following from a distance, spying with a listening device, camera, or
global positioning system (GPS);
approaching or showing up in places, such as the victim’s home, workplace, or
school, when it was unwanted;
leaving strange or potentially threatening items for the victim to find;
sneaking into victim’s home or car and doing things to scare the victim or let the
victim know the perpetrator had been there.
The CDC asked about two additional tactics after respondents were identified as possible stalking
victims:

damaged personal property or belongings, such as in their home or car; and
68 Stalking Victimization in the United States – Revised, pp. 3-4.
69 Sharon G. Smith, Jieru Chen, and Kathleen C. Basile, The National Intimate Partner and Sexual Violence Survey
(NISVS): 2010-2012 State Report, Centers for Disease Control and Prevention, National Center for Injury Prevention
and Control, 2017, p. 85.
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
made threats of physical harm.
According to 2015 data from the CDC, 16.0% of women (19.1 million) and 5.8% of men (6.4
million) have been stalked by an intimate partner in their lifetimes. In the 12 months preceding
the survey, approximately 4.5 million women and 2.1 million men were victims of stalking.70 See
Figure 3.
Federal Programs Authorized by VAWA
The fundamental goals of VAWA are to prevent violent crime; respond to the needs of crime
victims; learn more about crime; and change public attitudes through a collaborative effort by the
criminal justice system, social service agencies, research organizations, schools, public health
organizations, and private organizations. The federal government tries to achieve these goals
primarily through federal grant programs that provide funding to state, tribal, territorial, and local
governments; nonprofit organizations; and universities.
As previously mentioned, OVW administers the majority of VAWA-authorized programs, while
other federal agencies, including OJP and the CDC, also manage VAWA programs. Since its
creation in 1995 through FY2018, OVW has awarded more than $8 billion in grants and
cooperative agreements to state, tribal, and local governments; nonprofit organizations; and
universities.71
FY2018–FY2019 Appropriations
In FY2018 and FY2019, $553 million and $559 million, respectively, were appropriated for
VAWA programs administered by OVW, OJP, and the CDC, as shown in Table 1. For program
descriptions, authorization levels, and a five-year history of appropriations, see the Appendix.
Table 1. FY2018 and FY2019 Appropriations and Set-Asides for VAWA Programs
(Dollars in millions)
FY2018
VAWA
Authorization
Level
FY2018
Enacted
Appropriations
and Set-Asides
FY2019
Enacted
Appropriations
and Set-Asides
STOP (Services, Training Officers, and
Prosecutors) Violence Against Women Formula
Grant Program
$222.00
$215.00
$215.00
Improving Criminal Justice Responses to Sexual
Assault, Domestic Violence, Dating Violence, and
Stalking Grant Program (also known as Grants to
Encourage Arrest Policies or Arrest Program)
$73.00
$53.00
$53.00
Civil Legal Assistance for Victims Grant Program
$57.00
$45.00
$45.00
a
($40.15)
($40.45)
Office and Program
Office on Violence Against Women
Tribal Governments Program
70 National Intimate Partner Sexual Violence Survey, 2015.
71 See U.S. Department of Justice, Office on Violence Against Women, About the Office and Awards,
https://www.justice.gov/ovw; and Executive Office of the President, Office of Management and Budget, A Budget for a
Better America – President’s Budget FY2020, Appendix, p. 721.
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FY2018
VAWA
Authorization
Level
FY2018
Enacted
Appropriations
and Set-Asides
FY2019
Enacted
Appropriations
and Set-Asides
Rural Domestic Violence, Dating Violence, Sexual
Assault, Stalking, and Child Abuse Enforcement
Assistance
$50.00
$40.00
$42.00
Transitional Housing Assistance Grants for
Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stalking Program
$35.00
$35.00
$36.00
Sexual Assault Services Program (SASP)
$40.00
$35.00
$37.50
Grants to Reduce Domestic Violence, Dating
Violence, Sexual Assault, and Stalking on Campus
Program
$12.00
$20.00
$20.00
Justice for Families Program (also known as
Family Civil Justice Program or Grants to Support
Families in the Justice System)
$22.00
$16.00
$16.00
Consolidated Youth Oriented Program
b
$11.00
$11.00
State and Territorial Sexual Assault and
Domestic Violence Coalitions Program
a
($10.75)
($10.75)
Grants to Enhance Culturally Specific Services for
Victims of Domestic Violence, Dating Violence,
Sexual Assault, and Stalking
a
($7.45)
($7.55)
Tribal Domestic Violence and Sexual Assault
Coalitions Grant Program
a
($6.49)
($6.49)
Training and Services to End Violence Against
Women with Disabilities Grant Program
$9.00
$6.00
$6.00
a
($5.36)
($5.36)
Enhanced Training And Services To End Abuse In
Later Life Program
$9.00
$5.00
$5.00
Grants to Tribal Governments to Exercise
Special Domestic Violence Criminal Jurisdiction
$5.00
$4.00
$4.00
Domestic Violence Homicide Prevention
Initiative
c
($4.00)
($4.00)
Research and Evaluation on Violence Against
Womend
e
$3.50
$3.00
SASP Culturally Specific Services
a
($3.50)
($3.75)
Tribal SASP
a
($3.50)
($3.75)
SASP State Coalitions
a
($3.15)
($3.38)
$5.00
$1.50
$1.50
Research on Violence Against Indian Womend
g
$1.00
$1.00
National Indian Country Clearinghouse on Sexual
Assault
c
$0.50
$0.50
$1.00
$0.50
$1.00
Office and Program
Grants for Outreach and Services to
Underserved Populations
Rape Survivor Child Custody Actf
National Resource Center on Workplace
Responses to Domestic Violence, Dating
Violence, Sexual Assault, and Stalking
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FY2018
VAWA
Authorization
Level
FY2018
Enacted
Appropriations
and Set-Asides
FY2019
Enacted
Appropriations
and Set-Asides
SASP Tribal Coalitions
a
($0.35)
($0.38)
Total OVW
h
$492.00
$497.50
(Total OVW Set-Asides)
a
($84.70)
($85.85)
$12.00
$12.00
$12.00
50.00
$49.43
$49.43
h
$553.43
$558.93
Office and Program
Office of Justice Programs
Court Appointed Special Advocates for Victims
of Child Abuse
Centers for Disease Control and Prevention
Rape Prevention and Education Grants
Total VAWA
Source: FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141,
printed in the March 22, 2018, Congressional Record (pp. H2084-H2115). FY2019 enacted amounts were taken
from H.Rept. 116-9. Set-aside amounts were provided by OVW.
Notes: Programs in this table include those authorized by the Violence Against Women Reauthorization Act of
2013 (P.L. 113-4) as well as supplemental funding for VAWA programs under the Rape Survivor Child Custody
Act. Numbers in parentheses are set-asides and are not included in the sum total amounts. FY2019 authorization
levels are not provided, because authorizations of appropriations for VAWA programs have expired.
a. Set-asides are authorized in VAWA statute. For example, the Tribal Governments Program is funded by
authorized set-asides from seven other OVW grant programs: STOP; Grants to Encourage Arrest Policies
and Enforcement of Protection Orders; Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking,
and Child Abuse Enforcement Assistance; Civil Legal Assistance for Victims; Grants to Support Families in
the Justice System; and Transitional Housing.
b. This program does not have a specific authorization but rather relies on several separate authorizations.
Congress authorized $15 million annually from FY2014 through FY2018 for CHOOSE Children and Youth
and $15 million annually from FY2014 through FY2018 for SMART Prevention. The Consolidated Youth
Oriented Program is a combination of these authorizations. For more information, see “Consolidation of
Grant Programs.”
c. Technical assistance initiatives are generally authorized under 34 U.S.C. §12291(b)(11).
d. These funds are transferred from OVW to OJP.
e. A research agenda is authorized under 34 U.S.C. §12331, but a funding amount is not specified.
f.
Under the Rape Survivor Child Custody Act, states are eligible to receive additional funds in their STOP
and SASP formula grant awards if they meet the requirements of the act.
g. VAWA 2013 reauthorized appropriations ($1 million each year) for the study of violence against Indian
women for FY2014 and FY2015 only.
h. Total authorized amounts are not provided because not all VAWA-authorized programs are included in this
table. Only those that received funding in FY2018 and FY2019 are included.
FY2020 Appropriations
While authorizations of appropriations for VAWA programs have expired,72 the Administration
has requested FY2020 funding for VAWA-authorized programs. The Administration’s budget
72 Authorizations of appropriations for VAWA programs were due to expire at the end of FY2018, however, there were
three short-term extensions of VAWA in the continuing resolutions for FY2019 appropriations (P.L. 115-245; P.L.
115-298; and P.L. 116-5). VAWA extension language is provided in H.Rept. 115-952. An extension was not included
in final appropriations for FY2019 (P.L. 116-6).
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request proposes to fund OVW at $492.5 million for FY2020 (a 1% decrease from FY2019), all
of which would be derived from a transfer from the Crime Victims Fund.73 The Administration
requests $9.0 million for OJP (a 25% decrease from FY2019) for the Court Appointed Special
Advocates (CASA).74 Also for FY2020, the Administration requests level funding ($49.4 million)
for the Rape Prevention and Education Program at the CDC.75
Grantee Data
OVW publishes large amounts of data on its programs. It submits biennial reports on its programs to Congress as
well as other reports, such as reports on stalking, and makes them available on the website.76 It also publishes
grantee award data by program and state.77
OJP publishes both award data and VAWA-authorized research on its agency websites. For information on funding
for CASA, see the OJP website.78 For information on the VAWA-authorized research agenda, see the website for
the National Institute of Justice (NIJ).79
The Department of Health and Human Services (HHS) publishes grantee award data for the Rape Prevention and
Education (RPE) program on the Tracking Accountability in Government Grants System (TAGGS).80
Past Reauthorizations and Changes to VAWA
Since it was enacted in 1994, VAWA has been reauthorized three times. Of note, the
reauthorizations in 2000 and 2005 had broad bipartisan support, while the most recent
reauthorization in 2013 had bipartisan support but faced greater opposition.81 This section will
provide comparatively more detail for the 2013 reauthorization because it was the most recent
and some issues may remain relevant to current reauthorization discussions.
2000 Reauthorization
In 2000, Congress reauthorized VAWA through the Victims of Trafficking and Violence
Protection Act (P.L. 106-386; VAWA 2000). Modifications included additional protections for
73 U.S. Department of Justice, Office on Violence Against Women, FY2020 Congressional Submission,
https://www.justice.gov/jmd/page/file/1144201/download. For more information on the Crime Victims Fund, see CRS
Report R42672, The Crime Victims Fund: Federal Support for Victims of Crime.
74 U.S. Department of Justice, Office of Justice Programs, FY2020 Performance Budget, https://www.justice.gov/file/
1144566/download.
75 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Justification of
Estimates for Appropriation Committees, FY2020, https://www.cdc.gov/budget/documents/fy2020/fy-2020-cdccongressional-justification.pdf.
76 U.S. Department of Justice, Office on Violence Against Women, Reports to Congress, https://www.justice.gov/ovw/
reports-congress.
77 U.S. Department of Justice, Office on Violence Against Women, Awards, https://www.justice.gov/ovw/awards.
78 U.S. Department of Justice, Office of Justice Programs, OJP Awards Data, https://ojp.gov/funding/Explore/
OJPAwardData.htm.
79 National Institute of Justice, Projects Funded by NIJ Awards, https://nij.gov/funding/awards/Pages/welcome.aspx.
80 U.S. Department of Health and Human Services, TAGGS, https://taggs.hhs.gov/.
81 In 2000, the House passed the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) with a
371-1 vote and the Senate passed the bill unanimously. In 2005, the House passed the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (P.L. 109-162) with a 415-4 vote, and the Senate again passed the
bill unanimously. In 2013, the Senate passed the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4)
with a 78-22 vote, and the House passed the bill with a 286-138 vote.
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battered nonimmigrants,82 a new program for victims of domestic violence, dating violence,
sexual assault, and stalking in need of transitional housing, a requirement for grant recipients to
submit reports on the effectiveness of programs, new programs designed to protect elderly and
disabled women, mandatory funds to be used exclusively for rape prevention and education
programs, and inclusion of victims of dating violence.83
VAWA 2000 amended interstate stalking and domestic violence law to include (1) a person who
travels in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a
spouse or intimate partner, and who in the course of such travel commits or attempts to commit a
crime of violence against the spouse or intimate partner; (2) a person who causes a spouse or
intimate partner to travel in interstate or foreign commerce by force or coercion and in the course
of such travel commits or attempts to commit a crime of violence against the spouse or intimate
partner; (3) a person who travels in interstate or foreign commerce with the intent of violating a
protection order or causes a person to travel in interstate or foreign commerce by force or
coercion and violates a protection order; and (4) a person who uses the mail or any facility of
interstate or foreign commerce to engage in a course of conduct that would place a person in
reasonable fear of harm to themselves or their immediate family or intimate partner.84
2005 Reauthorization
In 2005, Congress reauthorized VAWA through the Violence Against Women and Department of
Justice Reauthorization Act (P.L. 109-162; VAWA 2005).85 VAWA 2005 added protections for
battered and/or trafficked nonimmigrants,86 programs for American Indian victims, and programs
designed to improve the public health response to domestic violence. The act emphasized
collaboration among law enforcement; health and housing professionals; and women, men, and
youth alliances, and it encourages community initiatives to address these issues.
This reauthorization enhanced penalties for repeat stalking offenders and expanded the federal
criminal definition of stalking to include cyberstalking. It also amended the federal criminal code
to revise the definition of the crime of interstate stalking to (1) include placing someone under
surveillance with the intent to kill, injure, harass, or intimidate that person; and (2) require
consideration of substantial emotional harm to the stalking victim.
2013 Reauthorization
Authorization for appropriations for the programs under VAWA expired in 2011; however,
programs continued to receive appropriations in FY2012 and FY2013. In 2013, the 113th
Congress reauthorized VAWA through the Violence Against Women Reauthorization Act of 2013
(P.L. 113-4; VAWA 2013). Most VAWA grants were reauthorized from FY2014 through FY2018.
This section briefly describes provisions of VAWA 2013.
82 For more information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act
(VAWA).
83 The term dating violence was not used in the original VAWA and was added in VAWA 2000.
84 18 U.S.C. §§2261 and 2262.
85 Provisions in VAWA 2005 were modified in A Bill to Make Technical Corrections to the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (P.L. 109-271).
86 For more information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act
(VAWA).
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Consolidation of Grant Programs
VAWA 2013 reauthorized most VAWA grant programs and authorized appropriations at a lower
level, in general. It consolidated several VAWA grant programs, and in doing so authorized new
grant programs. These actions are summarized below.




The Grants to Support Families in the Justice System program was created by
consolidating two previously authorized programs: (1) the Safe Havens for
Children program (also referred to as Supervised Visitation), and (2) the Court
Training and Improvements program.87 The purpose of this program is to
improve the civil and criminal justice systems’ responses to families with a
history of domestic violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
The Creating Hope Through Outreach, Options, Services, and Education for
Children and Youth (CHOOSE Children & Youth) was created by consolidating
two previously authorized programs: (1) Services to Advocate for and Respond
to Youth (also referred to as Youth Services) and (2) Grants to Combat Domestic
Violence, Dating Violence, Sexual Assault, and Stalking in Middle and High
Schools (also referred to as Supporting Teens through Education and Protection,
or STEP).88 The purpose of this program is to enhance the safety of youth and
children who are victims of or exposed to domestic violence, dating violence,
sexual assault, stalking, or sex trafficking. The program also aims to prevent
future violence.
The Saving Money and Reducing Tragedies Through Prevention (SMART
Prevention) was created by consolidating two previously authorized programs:
(1) Engaging Men and Youth in Prevention and Grants to Assist Children and (2)
Youth Exposed to Violence.89 The SMART Prevention program aims to prevent
domestic violence, sexual assault, dating violence, and stalking through
awareness and education programs, and also through assisting children who have
been exposed to violence and abuse. In addition, this program aims to prevent
violence by engaging men as leaders and role models.
The Grants to Strengthen the Healthcare System’s Response to Domestic
Violence, Dating Violence, Sexual Assault, and Stalking was created using the
purpose areas of three previously unfunded programs—(1) Interdisciplinary
Training and Education on Domestic Violence and Other Types of Violence and
Abuse, (2) Research on Effective Interventions in the Health Care Setting, and
(3) Grants to Foster Public Health Responses to Domestic Violence, Dating
87 Subtitle J of the Violence Against Women Act of 1994 was repealed. Grants to Support Families in the Justice
System is codified under 34 U.S.C. §12464.
88 Subtitle L of the Violence Against Women Act of 1994 was amended by striking Sections 41201 through 41204 (42
U.S.C. §14043c through §14043c-3) and inserting Section 41201 (34 U.S.C. §12451). Access to Justice for Youth and
Grants for Training and Collaboration on the Intersection Between Domestic Violence and Child Maltreatment were
eliminated; these two programs had never received appropriations. CHOOSE Children & Youth is codified under 34
U.S.C. §12451.
89 Sections 41304 and 41305 (42 U.S.C. §14043d-3 and §14043d-4) of the Violence Against Women Act of 1994 and
Section 403 (42 U.S.C. §14045c) of the Violence Against Women and Department of Justice Reauthorization Act of
2005 were repealed. Two previously unfunded programs, the Development of Curricula and Pilot Programs for Home
Visitation Projects (42 U.S.C. §14043d-3) and Public Awareness Campaign (42 U.S.C. §14045c), were eliminated.
SMART Prevention is codified under 34 U.S.C. §12463.
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Violence, Sexual Assault, and Stalking—these programs were eliminated.90 The
purpose of this program is to improve training and education for health
professionals in preventing and responding to domestic violence, dating violence,
sexual assault, and stalking.
VAWA Grant Provisions
VAWA 2013 established new provisions for all VAWA grant programs. It established a
nondiscrimination provision to ensure that victims are not denied services and are not subjected to
discrimination based on actual or perceived race, color, religion, national origin, sex, gender
identity, sexual orientation, or disability. It also enhanced protection of personally identifiable
information of victims and specified the type of information that may be shared by grantees and
subgrantees.91 It also required that any grantee or subgrantee that provides legal assistance must
comply with certifications required under the Legal Assistance for Victims Grant Program. 92
The 2013 reauthorization also added, modified, or expanded several definitions of terms in
VAWA. Examples include the following:


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

The definition of domestic violence was revised to specifically include “intimate
partners” in addition to “current and former spouses.”
The term linguistically was removed from the Culturally Specific Services Grant
and the definition of “culturally specific services” was amended to address the
needs of culturally specific communities.
With respect to providing VAWA-related services, the act added the terms
population specific services and population specific organizations, which focus
on “members of a specific underserved population.”93
Underserved populations was redefined to include those who may be
discriminated against based on religion, sexual orientation, or gender identity.94
The definition of cyberstalking was expanded to include use of any “electronic
communication device or electronic communication service or electronic
communication system of interstate commerce.”95
90 Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C. §13973) and Section 758 of the Public Health
Service Act (42 U.S.C. §294H) were repealed. Grants to Strengthen the Healthcare System’s Response to Domestic
Violence, Dating Violence, Sexual Assault, and Stalking is codified under 42 U.S.C. §280-4.
91 For example, VAWA 2013 allows sharing of law enforcement-generated and prosecution-generated information
necessary for law enforcement or prosecution.
92 These certification requirements are listed under 34 U.S.C. §20121(d).
93 VAWA 2013 defined a population specific organization as a “nonprofit, nongovernmental organization that
primarily serves members of a specific underserved population and has demonstrated experience and expertise
providing targeted services to members of that specific underserved population.”
It defined population specific services as “victim-centered services that address the safety, health, economic, legal,
housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence,
sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.”
94 Under 34 U.S.C. §12291, underserved populations was defined as “populations underserved because of geographic
location, underserved racial and ethnic populations, populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the
Attorney General or by the Secretary of Health and Human Services, as appropriate.”
95 18 U.S.C. §2261A.
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



A definition of rape crisis center was added, meaning “a nonprofit,
nongovernmental, or tribal organization, or governmental entity in a State other
than a Territory that provides intervention and related assistance … to victims of
sexual assault without regard to their age. In the case of a governmental entity,
the entity may not be part of the criminal justice system … and must be able to
offer a comparable level of confidentiality as a nonprofit entity that provides
similar victim services.”96
Individual in later life was defined as a person who is 50 years of age or older.
Youth was defined as a person who is 11 to 24 years of age.
The definition of rural state was revised to include states with more densely
populated rural areas than under the prior definition.97
Accountability of Grantees
VAWA 2013 imposed new accountability provisions, including an audit requirement and
mandatory exclusion from eligibility if a grantee is found to have an unresolved audit finding.
Additionally, it required OVW to establish a biennial conferral process with state and tribal
coalitions and technical assistance providers that receive OVW funding.98 It prohibited
conferences funded through cooperative agreements from using more than $20,000 in funding
without prior written approval by DOJ officials.
Sexual Assault and Rape Kit Backlog
VAWA 2013 amended the DNA Analysis Backlog Elimination Act of 2000 (P.L. 106-546)99 to
strengthen audit requirements for sexual assault evidence backlogs. It also required that for each
fiscal year through FY2018, not less than 75% of the total Debbie Smith grant100 amounts be
awarded to carry out DNA analyses of samples from crime scenes for inclusion in the Combined
DNA Index System (CODIS)101 and to increase the capacity of state or local government
laboratories to carry out DNA analyses.
96 34 U.S.C. §12291(a)(25).
97 Previously, a rural state was defined as “a State that has a population density of 52 or fewer persons per square mile
or a State in which the largest county has fewer than 150,000 people, based on the most recent decennial census.” P.L.
113-4 substituted “57” for “52” and “250,000” for “150,000.”
98 The areas of conferral include (1) the administration of grants, (2) unmet needs, (3) promising practices in the field,
and (4) emerging trends. After the conferral with grantees, OVW is required to publish a comprehensive report that
summarizes the issues presented and what, if any, policies it intends to implement to address those issues.
99 34 U.S.C. §40701.
100 The Debbie Smith DNA Backlog Grant Program provides grants to state and local governments for five major
purposes: (1) conducting analyses of DNA samples collected under applicable legal authority for inclusion in the
National DNA Index System (NDIS), (2) conducting analyses of forensic DNA samples for inclusion in the NDIS, (3)
increasing the capacity of state and local laboratories to carry out DNA analyses, (4) collecting DNA samples from
people required to submit them and forensic samples from crimes, and (5) ensuring that analyses of forensic DNA
samples are carried out in a timely manner. For more information on Debbie Smith grants, see CRS Report R41800,
DNA Testing in Criminal Justice: Background, Current Law, and Grants.
101 CODIS searches three indexes (convicted offenders, arrestee, and forensic) to generate investigative leads. The
convicted offender index contains DNA profiles developed from samples collected from convicted offenders; the
arrestee index contains DNA profiles developed from samples collected from arrested but not yet convicted
individuals; and the forensic index contains DNA profiles developed from samples collected at crime scenes. CODIS
searches across these indexes to look for potential matches. For more information, see U.S. Department of Justice,
Federal Bureau of Investigation: Frequently Asked Questions on CODIS and NDIS, https://www.fbi.gov/services/
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Additionally, VAWA 2013 expanded the purpose areas of several VAWA grants to respond to the
needs of sexual assault survivors by addressing rape kit backlogs. It also established a new
requirement that at least 20% of funds within the STOP (Services, Training, Officers,
Prosecutors) program and 25% of funds within the Grants to Encourage Arrest Policies and
Enforce Protection Orders program be directed to programs that meaningfully address sexual
assault.
Trafficking in Persons
VAWA 2013 amended and authorized appropriations for the Trafficking Victims Protection Act of
2000 (Division A of P.L. 106-386).102 It enhanced measures to combat trafficking in persons, and
amended the purpose areas for several grants to address sex trafficking. VAWA 2013 also clarified
that victim services and legal assistance include services and assistance to victims of domestic
violence, dating violence, sexual assault, or stalking who are also victims of severe forms of
trafficking in persons.103
American Indian Tribes
VAWA 2013 included new provisions for American Indian tribes. It granted authority to tribes to
exercise special domestic violence criminal jurisdiction and civil jurisdiction to issue and enforce
protection orders over any person.104 It also created a voluntary two-year pilot program for tribes
that make a request to the Attorney General to be designated as a participating tribe to have
special criminal jurisdiction over domestic violence cases. (Note: The Attorney General may
grant a request after concluding that the tribe’s criminal justice system has adequate safeguards in
place to protect defendants’ rights.) In addition, it created a new grant program to assist tribes in
exercising special criminal jurisdiction in cases involving domestic violence.
VAWA 2013 also expanded the purpose areas of grants for tribal governments and coalitions to

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include sex trafficking;
develop and promote legislation and policies that enhance best practices for
responding to violent crimes against Indian women; and
raise awareness of and response to domestic violence, including identifying and
providing technical assistance to enhance access to services for Indian women
victims of domestic and sexual violence, including sex trafficking.
laboratory/biometric-analysis/codis/codis-and-ndis-fact-sheet.
102 For more information regarding the Trafficking Victims Protection Act and trafficking in persons, see CRS In Focus
IF10587, Human Trafficking and Foreign Policy: An Introduction; and CRS Report R44315, Justice for Victims of
Trafficking Act of 2015: Changes to Domestic Human Trafficking Policies.
103 Under 22 U.S.C. §7102, severe forms of trafficking in persons means (1) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years
of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
104 See relevant definitions under 25 U.S.C. §1301 et seq. These provisions do not apply to Indian tribes in the state of
Alaska, with the exception of two tribes. Prior to VAWA 2013, tribes did not have criminal jurisdiction over nonIndians (Oliphant v. Suquamish Indian Tribe, 435 U.S. (191, 210 1978). For a report on tribal implementation of the
special jurisdiction, see National Congress of American Indians, VAWA 2013’s Special Domestic Violence Criminal
Jurisdiction Five-Year Report, 2018, http://www.ncai.org/resources/ncai-publications/SDVCJ_5_Year_Report.pdf.
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Battered Nonimmigrants
VAWA 2013 extended VAWA coverage to derivative children whose self-petitioning parent died
during the petition process, a benefit currently afforded to foreign nationals under the familybased provisions of the Immigration and Naturalization Act (INA).105 It also exempted VAWA
self-petitioners, U visa petitioners,106 and battered foreign nationals from being classified as
inadmissible for legal permanent resident status if their financial circumstances raised concerns
about them becoming potential public charges.107 Additionally, it amended the INA to expand the
definition of the nonimmigrant U visa to include victims of stalking.
VAWA 2013 added several new purpose areas to the Grants to Encourage Arrest Policies and
Enforcement of Protection Orders program (Arrest Program), one of which was to improve the
criminal justice system response to immigrant victims of domestic violence, sexual assault, dating
violence, and stalking.
Underserved Populations
In addition to expanding the definition of underserved populations, VAWA 2013 established
several new grant provisions to address the needs of underserved populations. It required STOP
implementation plans to include demographic data on the distribution of underserved populations
within states and how states will meet their needs. It expanded the purpose areas of the Grants to
Combat Violent Crimes on Campuses program to address the needs of underserved populations
on college campuses. It also dedicated 2% of annual appropriated funding for the Arrest and
STOP programs to Grants for Outreach to Underserved Populations, a previously unfunded
VAWA program.
Housing
VAWA 2013 added housing rights for victims of domestic violence, dating violence, sexual
assault, and stalking, including a provision stating that applicants may not be denied public
housing assistance based on their status as victims of domestic violence, dating violence, sexual
assault, or stalking. It also required each executive department carrying out a covered housing
program108 to adopt a plan whereby tenants who are victims of domestic violence, dating
105 The INA includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions,
initially enacted by Congress with the Immigration Act of 1990 and VAWA in 1994, offer benefits to abused foreign
nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen
or LPR relatives who originally sponsored them. Congress reauthorized VAWA with the Battered Immigrant Women
Protection Act of 2000, which also created the U visa for foreign national victims of a range of crimes—including
domestic abuse—who assisted law enforcement. VAWA 2005 added protections and expanded eligibility for abused
foreign nationals.
106 A U visa is for victims of certain crimes involving mental or physical abuse who assist law enforcement in the
investigation or prosecution of criminal activity. For more information, see U.S. Citizenship and Immigration Services,
Victims of Criminal Activity: U Nonimmigrant Status, https://www.uscis.gov.
107 For additional information, see CRS Report R42477, Immigration Provisions of the Violence Against Women Act
(VAWA); and CRS Report R45313, Immigration: Frequently Asked Questions about “Public Charge”.
108 A covered housing program means (1) the program under Section 202 of the Housing Act of 1959 (12 U.S.C.
1701q); (2) the program under Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013); (3) the program under Subtitle D of Title VIII of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12901 et seq.); (4) the program under Subtitle A of Title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360 et seq.); (5) the program under Subtitle A of Title II of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12741 et seq.); (6) the program under paragraph (3) of Section 221(d) of the National Housing
Act (12 U.S.C. 1715l(d)) that bears interest at a rate determined under the proviso under paragraph 5 of such section
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violence, sexual assault, or stalking can be transferred to another available and safe unit of
assisted housing. Additionally, it required the Secretary of Housing and Urban Development to
establish policies and procedures under which a victim requesting such a transfer may receive
Section 8 assistance under the U.S. Housing Act of 1937.109
Under the VAWA-authorized Transitional Housing Assistance Grant program, the act ensured that
victims receiving transitional housing assistance are not subject to prohibited activities, including
background checks or clinical evaluations, to determine eligibility for services. It removed the
requirement that victims must be “fleeing” from a violent situation in order to receive transitional
housing assistance. It also specified that transitional housing services may include employment
assistance.
Institutions of Higher Education (IHEs)
VAWA 2013 made several changes to higher education policy. It amended the Clery Act110 and
incorporated provisions from the Campus Sexual Violence Elimination Act.111 These provisions
required, among other things, IHEs to report data on domestic violence, dating violence, and
stalking in annual security reports (ASRs). Newly reportable crime categories included domestic
violence, dating violence, and stalking. VAWA 2013 also added two new categories of bias
applicable to hate crime reporting (i.e., national origin and gender identity).
VAWA 2013 required ASRs to include a statement of the IHE’s policy on programs to prevent
sexual assaults, domestic violence, dating violence, and stalking; policies to address these
incidents if they occur, including a statement on the standard of evidence that will be used during
an institutional conduct proceeding regarding these crimes;112 and primary prevention programs
to promote awareness of these crimes for incoming students and new employees, as well as
providing ongoing awareness and prevention training for students and faculty. It also required that
crime statistics on victims who were “intentionally selected” because of their national origin or
gender identity are recorded and reported according to category of prejudice.
In addition, VAWA 2013 required that students and employees receive written notification of
available victim services including counseling, advocacy, and legal assistance, as well as options
for modifying a victim’s academic, living, transportation, or work arrangements. Victims were to
221(d); (7) the program under Section 236 of the National Housing Act (12 U.S.C. 1715z-1); (8) the programs under
Sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d and 1437f); (9) rural housing assistance
provided under Sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m,
and 1490p-2); and (10) the low income housing tax credit program under Section 42 of the Internal Revenue Code of
1986.
109 For more information regarding Section 8 housing programs, see CRS Report RL32284, An Overview of the Section
8 Housing Programs: Housing Choice Vouchers and Project-Based Rental Assistance.
110 The Clery Act (20 U.S.C. §1092) was originally enacted as Title II of the Student Right-to-Know and Campus
Security Act of 1990 (P.L. 101-542); it was signed into federal law as an amendment to the Higher Education Act of
1965.
111 See S. 128 and H.R. 812 from the 113th Congress.
112 In 2011, the Obama Administration issued a policy letter that listed the responsibilities of schools receiving federal
funding to address sexual misconduct incidents. In 2017, the Trump Administration rescinded this policy letter and
subsequent Question and Answer guidance issued by the Obama Administration in 2014, and issued temporary
guidelines. See U.S. Department of Education, Department of Education Issues New Interim Guidance on Campus
Sexual Misconduct, September 22, 2017. The Department of Education is reportedly preparing new rules on campus
sexual misconduct. See Erica L. Green, “New U.S. Sexual Misconduct Rules Bolster Rights of Accused and Protect
Colleges,” New York Times, August 29, 2018; and Laura Meckler, “Betsy DeVos set to bolster rights of accused in
rewrite of sexual assault rules,” The Washington Post, Nov. 14, 2018.
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be notified of their rights, including their right to notify or not notify law enforcement and
campus authorities of a crime of sexual violence. The law also required that officials who
investigate a complaint or conduct an administrative proceeding regarding sexual assault,
domestic violence, dating violence, or stalking receive annual training on how to conduct
investigations or proceedings that protect the safety of victims and promote accountability.113
Other Changes
VAWA 2013 amended rules for sexual acts in federal custodial facilities by adding “the
commission of a sexual act” as grounds for civil action by a federal prisoner and mandating that
detention facilities operated by the Department of Homeland Security and custodial facilities
operated by the Department of Health and Human Services adopt national standards established
pursuant to the requirements in the Prison Rape Elimination Act of 2003 (P.L. 108-79). VAWA
2013 also enhanced criminal penalties for assaulting a spouse, intimate partner, or dating
partner.114
Rape Survivor Child Custody Act
In May 2015, as part of the Justice for Victims of Trafficking Act (Title IV, P.L. 114-22), the Rape
Survivor Child Custody Act was enacted into law. It requires the Attorney General (through
OVW) to increase grant funding under the STOP and SASP formula grant programs to states that
have a law allowing the mother of a child conceived through rape to seek court-ordered
termination of the parental rights of her rapist. The increase in formula grants is allowed to be
provided for a total of four two-year periods (eight years), and is equal to not more than 10% of
the total amount of funding provided to the state averaged over the previous three years. Of the
increased funding, 25% is for STOP grants and 75% for the SASP grants. The Rape Survivor
Child Custody Act authorized $5 million a year for FY2015 through FY2019 for the grant
increases.115
Current Efforts to Reauthorize VAWA
There are several issues that Congress may consider in current reauthorization efforts. These
include, but are not limited to, improvements to data collection, assessing tribal jurisdiction over
non-tribal members who commit VAWA-related crimes on tribal lands, new approaches for law
enforcement in assisting victims, and enforcement of the federal prohibition on firearms for those
113 For more information on the Clery Act and sexual violence at institutions of higher education, see CRS Report
R43759, History of the Clery Act: Fact Sheet; and CRS Report R43764, Sexual Violence at Institutions of Higher
Education.
114 18 U.S.C. §113.
115 In 2016, OVW awarded Rape Survivor Child Custody Act funds for the first time. The following states received
additional funding in their FY2016 STOP and SASP awards: Alaska, Colorado, Florida, Georgia, Hawaii, Indiana,
Iowa, Maine, Michigan, Missouri, Texas, and Wisconsin. As of April 2019, two states do not allow for the termination
or restriction of parental rights of rapists: Minnesota and Alabama. For state laws on parental rights and sexual assault,
see National Conference of State Legislatures, Parental Rights and Sexual Assault, April 17, 2017,
http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx; and Rape, Abuse & Incest
National Network (RAINN), Laws in Your State, https://www.rainn.org/public-policy-action. These sources were last
updated in 2017. CRS identified state laws enacted since 2017, and found that Minnesota and Alabama are the
remaining states that do not allow for the termination or restriction of parental rights of rapists. Of note, Wyoming and
North Dakota’s laws are not effective until July 1 and August 1, 2019, respectively.
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convicted of a misdemeanor crime of domestic violence and those who are subject to a domestic
violence protective order. Congress may also consider further changes to VAWA programs.
The Violence Against Women Reauthorization Act of 2019 (H.R. 1585), as passed by the House,
would address some of these issues. Among other things, it would reauthorize funding for VAWA
programs and authorize new programs; amend and add definitions used for VAWA programs;
amend federal criminal law relating to firearms, custodial rape, and stalking; and expand tribal
jurisdiction over certain crimes committed on tribal lands.
Improvements to Data Collection
Congress may address issues concerning limited law enforcement data at the national level on the
crimes of domestic violence and stalking. The data are limited because the UCR does not
currently collect information on these offenses from state and local agencies like it does for its
traditional violent and property crime offense categories.116 In 2019, the UCR program plans to
begin collecting domestic violence offense data through the National Incident-Based Reporting
System (NIBRS). NIBRS also includes stalking as part of an intimidation offense category. Even
though the NIBRS data are not yet nationally representative,117 the FBI states that it is
transitioning its UCR program to a “NIBRS only data collection” by 2021.118 Congress may
consider options to expand the NIBRS program sooner than 2021 or to adjust the UCR program
in other ways, such as by requiring the FBI to collect data on stalking as its own offense under
NIBRS rather than incorporating it into the intimidation offense category.
Congress may also address the availability of data on the sexual assault kit (SAK, or rape kit)
backlog. According to the National Institute of Justice (NIJ), “it is unknown how many
unanalyzed [SAKs] there are nationwide.”119 NIJ notes that while there are many reasons why
there are no data on the number of untested SAKs in law enforcement’s possession, one
contributing factor is that there is no national system for collecting these data. Also, tracking and
counting SAKs is an antiquated process in many jurisdictions (often done in nonelectronic
formats), and the availability of computerized evidence-tracking systems has been an issue for
many jurisdictions for years.
The Joyful Heart Foundation, a grassroots organization, addressed the SAK data void by
attempting to count the backlog (through public records requests) and track data in cities and
states across the country. While the organization’s data are incomplete, it has estimates of rape kit
backlogs for various cities and states. Thus far, it has identified approximately 41 municipal and
116 The UCR violent crime category includes murder, rape, robbery, and aggravated assault. The property crime
category includes burglary, larceny-theft, motor vehicle theft, and arson. For more information, see https://ucr.fbi.gov.
117 Approximately 37% of the U.S. law enforcement agencies that participate in the UCR program also participate in
NIBRS. The FBI added the domestic violence category to NIBRS based on the recommendation to do so from its
Criminal Justice Information Services, Advisory Policy Board. See U.S. Department of Justice, Federal Bureau of
Investigation, Uniform Crime Report, Crime in the United States, 2015, About the Uniform Crime Reporting (UCR)
Program; 2016 NIBRS Crime Data Released, December 11, 2017; and Criminal Justice Information Services Division,
2019 National Incident-Based Reporting System User Manual Uniform Crime Reporting Program.
118 U.S. Department of Justice, Federal Bureau of Investigation, Uniform Crime Report, NIBRS Overview,
https://ucr.fbi.gov/nibrs-overview.
119 National Institute of Justice, Untested Evidence in Sexual Assault Cases, March 2016, https://www.nij.gov/topics/
law-enforcement/investigations/sexual-assault/Pages/untested-sexual-assault.aspx.
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county jurisdictions with known rape kit backlogs ranging from several hundred to thousands—
its current total is 40,000 untested SAKs.120
Congress may assess the SAK backlog and debate if the federal response should be changed as
the issue evolves and agencies, including NIJ, capture the full breadth of the problem.
H.R. 1585, as passed by the House, would authorize several new activities related to increasing or
improving data collection. These include, but are not limited to, the following:



requiring the Attorney General to establish an interagency working group to
study federal efforts to collect data on sexual violence and to make
recommendations on the harmonization of such efforts,
authorizing funding for tribal governments to improve data collection and to
enter information into and obtain information from national crime information
databases,121 and
requiring NIJ to prepare a report on the status of women in federal
incarceration—this requirement allows for inmate and personnel data to be
collected from the Bureau of Prisons.
Tribal Jurisdiction
As discussed previously, VAWA 2013 granted authority to American Indian tribes to exercise
special domestic violence criminal jurisdiction and civil jurisdiction to issue and enforce
protection orders over any person, including non-tribal members.122 As of March 2018, 18 tribes
were exercising this authority.123 These tribes have reported 143 arrests of 128 non-tribal
individuals, which led to 74 convictions and five acquittals with 24 cases pending as of March
2018.124 According to the National Congress of American Indians (NCAI), tribes are exercising
jurisdiction “with careful attention to the requirements of federal law and in a manner that
upholds the rights of defendants.”125
While NCAI issued its assessment report in 2018, Congress also may elect to assess
implementation in the five years since this authority was granted. If it so chooses, Congress may
require the Government Accountability Office (GAO) to evaluate tribal jurisdiction.
Congress may elect to grant special jurisdiction over non-tribal members for additional VAWA
crimes such as sexual assault and stalking, as well as non-VAWA crimes. NCAI stated in its
120 CRS accessed the data in April 2019, but the organization does not indicate the date of the most recent rape kit
backlog count. The Joyful Heart Foundation issued public records requests to police departments in 49 jurisdictions to
reveal whether they possess any untested rape kits. See The Joyful Heart Foundation, End the Backlog, The Backlog,
http://www.endthebacklog.org.
121 These databases include the National Crime Information Center, the Combined DNA Index System, the Next
Generation Identification System, and any other database or system of a law enforcement agency under which a report
of a missing or murdered American Indian may be submitted, including the Violent Criminal Apprehension Program or
the National Missing and Unidentified Persons System.
122 These provisions do not apply to Indian tribes in the state of Alaska, with the exception of two tribes.
123 National Congress of American Indians, VAWA 2013’s Special Domestic Violence Criminal Jurisdiction Five-Year
Report, 2018, http://www.ncai.org/resources/ncai-publications/SDVCJ_5_Year_Report.pdf.
124 Ibid., p. 1.
125 Ibid., p. 1.
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assessment report that many implementing tribes were unable to prosecute non-tribal members
for many crimes that co-occur with domestic violence such as drug and alcohol offenses.
H.R. 1585, as passed by the House, would amend tribal criminal jurisdiction authorized under
Section 204 of the Indian Civil Rights Act. Among other changes, tribal jurisdict…