[Senate Hearing 117-853]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-853

                       RENEWING AND STRENGTHENING
                     THE VIOLENCE AGAINST WOMEN ACT

=======================================================================

                                HEARING

                               BEFORE THE
                               
                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            OCTOBER 5, 2021

                               __________

                          Serial No. J-117-39

                               __________

         Printed for the use of the Committee on the Judiciary
         
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                       COMMITTEE ON THE JUDICIARY

                   RICHARD J. DURBIN, Illinois, Chair
PATRICK J. LEAHY, Vermont            CHARLES E. GRASSLEY, Iowa, Ranking 
DIANNE FEINSTEIN, California             Member
SHELDON WHITEHOUSE, Rhode Island     LINDSEY O. GRAHAM, South Carolina
AMY KLOBUCHAR, Minnesota             JOHN CORNYN, Texas
CHRISTOPHER A. COONS, Delaware       MICHAEL S. LEE, Utah
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas
MAZIE K. HIRONO, Hawaii              BEN SASSE, Nebraska
CORY A. BOOKER, New Jersey           JOSH HAWLEY, Missouri
ALEX PADILLA, California             TOM COTTON, Arkansas
JON OSSOFF, Georgia                  JOHN KENNEDY, Louisiana
                                     THOM TILLIS, North Carolina
                                     MARSHA BLACKBURN, Tennessee
             Joseph Zogby, Chief Counsel and Staff Director
      Kolan L. Davis, Republican Chief Counsel and Staff Director
                           
                           C O N T E N T S

                              ----------                              

                      OCTOBER 5, 2021, 10:01 A.M.

                    STATEMENTS OF COMMITTEE MEMBERS

                                                                   Page

Durbin, Hon. Richard J., a U.S. Senator from the State of 
  Illinois.......................................................     1
Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa.     3
Leahy, Hon. Patrick J. Leahy, a U.S. Senator from the State of 
  Vermont........................................................     7

                               WITNESSES

Witness List.....................................................    33
Capito, Hon. Shelley Moore, a U.S. Senator from the State of West 
  Virginia.......................................................     5
Ernst, Hon. Joni Ernst, a U.S. Senator from the State of Iowa....     4
Hyde-Smith, Hon. Cindy, a U.S. Senator from the State of 
  Mississippi....................................................     8
Monaco, Lisa O., Deputy Attorney General, Department of Justice, 
  Washington, DC.................................................     9
    prepared statement...........................................    34

                               QUESTIONS

Questions submitted to Lisa O. Monaco by:
    Senator Whitehouse...........................................    44
    Senator Kennedy..............................................    45
    Senator Tillis...............................................    46

                                ANSWERS

Responses of Lisa O. Monaco to questions submitted by:
    Senator Whitehouse...........................................    50
    Senator Kennedy..............................................    52
    Senator Tillis...............................................    47

                MISCELLANEOUS SUBMISSIONS FOR THE RECORD

Alianza Nacional de Campesinas Letter, October 12, 2021..........    54
Letter from Rhode Island Coalition Against Domestic Violence.....    59
Office of the Attorney General, October 4, 2021..................    67
Press Release on Justice Department Addresses Violent Threats 
  Against School Officials and Teachers..........................    65
Statement from Day One...........................................    57
Statement of Senator Feinstein...................................    62
YWCA Statement...................................................    60

 
                       RENEWING AND STRENGTHENING
                     THE VIOLENCE AGAINST WOMEN ACT

                              ----------                              


                        TUESDAY, OCTOBER 5, 2021

                               United States Senate
                                 Committee on the Judiciary
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:01 a.m., in 
Room 226, Dirksen Senate Office Building, Hon. Richard J. 
Durbin, Chair of the Committee, presiding.
    Present: Senators Durbin [presiding], Leahy, Whitehouse, 
Klobuchar, Coons, Hirono, Padilla, Ossoff, Grassley, Cornyn, 
Hawley, Cotton, and Tillis.
    Also present: Senators Capito, Ernst, and Hyde-Smith.

          OPENING STATEMENT OF HON. RICHARD J. DURBIN,

           A U.S. SENATOR FROM THE STATE OF ILLINOIS

    Chair Durbin. This hearing will come to order.
    Today, the Senate Judiciary Committee is holding a hearing 
on the reauthorization of the Violence Against Women Act, a 
game-changing bipartisan piece of legislation that has provided 
lifesaving assistance to women across America for nearly three 
decades.
    I'd like to start things off with a video that provides an 
overview of the legacy of this law.
    [Video presentation.]
    For more than 30 years, October has been recognized as 
Domestic Violence Awareness Month. It's a reminder that all of 
us have an obligation to stand up and support survivors of 
sexual and domestic violence, many of whom had to nurse their 
wounds, both physical and emotional, in silence. Over the past 
18 months, many survivors have been forced into the most 
vulnerable position of all, isolated at home with an abuser.
    During this pandemic, nearly four in ten rape crisis 
centers and nearly half of the YMCA's domestic violence 
programs have reported an increase in demand for services. 
Police departments throughout the country have also reported a 
spike in arrest and calls related to domestic violence.
    In my home State of Illinois, our domestic violence hotline 
experienced a 16 percent increase in calls in 2020, sometimes 
fielding 150 calls on a single day. A friend of mine and vocal 
advocate for survivors of domestic violence, the late Sheila 
Wellstone, used to say, and I quote her, ``I find it absolutely 
intolerable to think that a woman's home can be the most 
violent, most dangerous, and often times the most deadly place 
she can be.'' This is unacceptable reality for far too many 
women in America. That's why the Senate must, must reauthorize 
and strengthen the law that for nearly 30 years has transformed 
the way we address sexual and domestic violence in America, the 
Violence Against Women Act.
    In the years since it was first signed into law, VAWA, as 
it's often referred to, has changed and even saved countless 
lives. It has opened up new avenues of support and relief for 
survivors including domestic abuse hotlines. It has helped 
establish protocols for doctors, police officers, judges, and 
others to spot the subtle signs of domestic violence and 
provide help once they observe those signs. It has funded 
resources that allow victims to escape abusive environments.
    Unfortunately, in the last Congress, the Senate failed to 
reauthorize the Violence Against Women Act. While 
appropriations to VAWA programs have continued, which is good 
news, much needed efforts to improve the law stalled. 
Thankfully, in this Congress, there is a strong bipartisan 
commitment to join our colleagues in the House and pass VAWA of 
2021.
    Today, the Committee will have a chance to hear from the 
junior senator from Iowa, Senator Ernst. She's been working 
closely with Senator Feinstein and me to prepare the Senate's 
own version of the VAWA Reauthorization Act of 2021 for 
introduction. Senator Ernst, thank you so much.
    We'll also hear from Senators Leahy, Hyde-Smith, and 
Capito. We're then going to have a chance to hear from the 
Deputy Attorney General Lisa Monaco, a law enforcement leader 
who has voiced strong support for this legislation as well. Had 
a conversation on the phone last night with Lisa, and she 
mentioned that she started her career on the Hill as an intern 
in this Committee working on the original VAWA. It inspired her 
to go to law school and to embark on a career of public service 
which has been remarkable. Lisa, I'm glad you're back home 
again.
    I want to personally thank Senators Ernst and Feinstein for 
their tireless effort. Senator Feinstein, because of a serious 
illness in the family, could not join us this morning. She is 
here in spirit, and we salute all of her leadership.
    A number of our colleagues on this measure have included 
Senator Leahy, who we expect to be here momentarily and make a 
statement, and Senator Amy Klobuchar who has also been an 
invaluable contributor to this effort. I'm grateful for the 
shared commitment to produce a strong bipartisan bill.
    In March, the House once again passed a VAWA 
reauthorization with strong bipartisan support from the 
indominable Congresswoman Sheila Jackson Lee, House Judiciary 
Committee Chair Nadler, and Congressman Brian Fitzpatrick. Like 
the House-passed bill, our legislation will modernize and 
improve this vital law, and it won't roll back the progress 
that we've made.
    This new version of Violence Against Women Act will not 
only provide funding to organizations and resources that 
support survivors, it will invest in critical prevention and 
education. It will improve access to services for survivors in 
rural areas and those who require culturally specific services. 
It will enhance protections for Native American women and 
children. It will help keep dangerous weapons out of the hands 
of abusers, and it will provide survivors with the support they 
need by expanding access to legal services and other crucial 
programs.
    Once we join the House in passing this legislation, we know 
we're going to send it to the desk of a leader who is 
sympathetic, not just sympathetic, but wildly supportive of 
this measure, the man who originally sponsored the first 
Violence Against Women Act, President Joe Biden.
    I can think of no better way for us to do our part in 
honoring Domestic Violence Awareness Month. I turn to Ranking 
Member Grassley.

         OPENING STATEMENT OF HON. CHARLES E. GRASSLEY,

             A U.S. SENATOR FROM THE STATE OF IOWA

    Senator Grassley. Thank you, Mr. Chairman, and I welcome 
all the witnesses and guests to our hearing on VAWA today.
    I supported enactment of the original VAWA Act that was in 
1994 and have voted to reauthorize the grant programs 
authorized by VAWA multiple times. When I wasn't able to 
support a Democrat-led effort to reauthorize, I introduced my 
own proposal that would have protected and enhanced the 
program.
    This year, I again led my colleagues in sending a letter to 
the Senate Appropriators urging that Congress continue to 
prioritize funding of the VAWA programs. In previous years, 
when I sent similar letters to Appropriators, Senator Shelby 
and Leahy, leaders of the Appropriators, were incredibly 
responsive to my requests and supportive of these programs. I 
want to thank them for working with me to champion the funding.
    As a member of this Committee, I've made it a top priority 
to champion related measures to expand the rights and services 
for victims of intimate partner violence. This year, for 
example, I joined a number of committee members in cosponsoring 
legislation to ensure that the Crime Victims Fund will receive 
an additional $1 billion in deposits each and every year. 
Services to the victims and survivors of intimate partner 
violence, sexual assault, and child abuse are accorded priority 
funding under the Victims of Crime Act which created this 
important fund.
    In 2016 and again this year, I also worked closely with 
young sexual survivor--assault survivor Amanda Nguyen and the 
organization she founded on bills to enhance the right of 
sexual violence survivors in criminal justice system.
    In early 2018, I led this Committee's effort to press the 
FBI for information in response to allegations of sexual abuse 
lodged against Olympic athletes against their former team 
doctor. I've been seeking justice for victims of Larry Nassar's 
abuse, and I have some timely questions for DOJ who refused to 
attend our hearing last month about accountability for those 
who failed these victims.
    As former Chairman of the Committee, I also worked closely 
with Senator Feinstein on legislation to impose mandatory 
reporting requirements on coaches and instructors who witness 
abuse when working with young athletes.
    I also sponsored and led this Committee in approving 
legislation to renew and update the Trafficking Victims 
Protection Act as many of the victims of sexual trafficking 
also are victims of intimate partner violence. I worked with 
Senator Cornyn on the Justice of Victims of Trafficking Act 
shepherding it through this Committee in the Senate and led our 
Committee in approving a measure sponsored by former Senator 
Hatch to make more resources available for the victims of child 
pornography.
    Renewing and extending VAWA is our next priority, and 
that's why we've concern--convened this hearing today. Before 
we begin, I want to take this opportunity to mention now that 
it's Domestic Violence Awareness Month, that it's important 
that we adopt an extension of VAWA. A Senate-passed 
reauthorization could include the language on which we've 
reached consensus. And meanwhile, we could continue to engage 
in negotiations on additional important reforms and updates of 
VAWA.
    I also want to recognize several of my Republican 
colleagues who are not members of our Committee but have joined 
us here to testify today. Senator Ernst, Hyde-Smith, Capito, I 
thank you for being here, and I'd like to thank Ms. Monaco for 
attending today's hearing on behalf of the Department of 
Justice.
    Chair Durbin. Thanks, Senator Grassley. Let me lay out the 
mechanics of the hearing. We'll begin with a member panel, and 
each Senator will have 3 minutes of opening statements. After 
that, Deputy Attorney General Monaco will testify, and she will 
have 5 minutes. We'll turn to questions from Senators, and each 
Senator will have 5 minutes for questioning.
    Before we begin, I also want to note again that Senator 
Feinstein is unable to be here but has submitted a statement 
from the record which will be included without objection.
    [The information appears as a submission for the record.]
    We are all on both sides of the aisle grateful for her 
amazing leadership on this bill and hearing as Chair of the 
Subcommittee on Humans Rights and the Law.
    We'll first begin with a statement from Senator Ernst who I 
mentioned earlier has worked closely with Senator Feinstein and 
myself to get this bill introduced, enacted into law. We're 
glad you're here today, Senator Ernst. Please proceed.

                 STATEMENT OF HON. JONI ERNST,

             A U.S. SENATOR FROM THE STATE OF IOWA

    Senator Ernst. Thank you very much, Chairman Durbin, 
Ranking Member Grassley, Members of the Senate Judiciary 
Committee.
    The Violence Against Women Act is now over 25 years old. As 
many of us are aware, this law provides desperately needed 
resources to tackle domestic and sexual abuse in our 
communities. As too often the case with programs like VAWA, 
authorization has lapsed. Despite that reality, year after 
year, VAWA programs continue to be funded by Congress.
    I am a survivor myself. I know firsthand the paralyzing 
fear that comes when someone you trust abuses you. You don't 
have to be a survivor to understand just how awful violence 
against women can be in terms of physical and mental well-
being, in terms of self-image, in terms of our families, and in 
terms of the security of our society as a whole.
    I wasn't in the Senate in 2013 the last time Congress 
authorized VAWA. Since I've been here, I've had a vested 
interest in being part of the process and getting this vitally 
important bill modernized and reauthorized because I believe we 
can always improve the Violence Against Women Act for our 
survivors.
    For months, I've worked closely with Chairman Durbin and 
Senator Feinstein along with Senators Cornyn, Murkowski, 
Klobuchar, and Ranking Member Grassley on a bipartisan bill 
that would not only reauthorize VAWA but truly modernize it. We 
are not there yet, but good things in the Senate often take 
time. We will keep working until we come to a bill that won't 
just be a talking point for one side or the other but a bill 
that can pass the Senate and the House, become a law, and truly 
deliver for my fellow survivors.
    A modernized Violence Against Women Act that will pass the 
Senate must present a renewed focus on rural survivors and 
invest in proven programs that reduce violence. When you live 
in an area like mine, rural Montgomery County, Iowa, with a 
population of just over 10,000 people, the nearest shelter is 
an hour away in Council Bluffs. We've got to fix that. We must 
provide better resources for survivors in their own 
communities. We must also extend critical housing protections 
to rural communities allowing survivors protection and 
security. It's a critical lifeline and a way out of these 
abusive situations.
    We also have to focus on successful efforts to prevent 
sexual violence like the Rape Prevention and Education Program. 
Instead of reacting to these horrific crimes, this program 
works to prevent them from happening in the first place. Not 
only that, we must ensure not just that survivors are empowered 
but that offenders are punished.
    My goal has always been to empower survivors, punish 
abusers, and enhance the overall purpose behind this important 
law. I will continue working with my Democratic partners, folks 
on this Committee, and stakeholders to reach a bill that will 
help prevent what happened to me from ever happening to another 
woman.
    It's a lofty goal, but why else are we here? Thank you very 
much.
    Chair Durbin. Thanks, Senator Ernst. I see Senator Hyde-
Smith has arrived. But Senator Capito, would you like to start 
and then we'll recognize----
    Senator Capito. Thank you, Mr. Chairman.
    Chair Durbin [continuing]. Your colleague.

            STATEMENT OF HON. SHELLEY MOORE CAPITO,

         A U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

    Senator Capito. I appreciate Chairman Durbin, Ranking 
Member Grassley for having this hearing today. I'm proud to be 
here for this important hearing strengthening the Violence 
Against Women Act or VAWA.
    I'd like to begin by thanking all of the people that work 
in this area across our country. This is tough work. It's so 
important, and I want to make sure that and thanking our 
survivors for their ability to fight back against this scourge.
    Ending domestic violence and other VAWA-related crimes has 
been a priority of mine since I became a Senator but also as a 
Congresswoman. As a matter of fact, the first time I ever came 
over to the Senate was to join with then Senator Biden to 
celebrate one of the reauthorizations in the early 2000's.
    I've also previously served as the chairman of the board of 
a local organization that worked to combat domestic violence. 
That's the YWCA in Charleston, West Virginia. This work would 
not be possible without the funding and support that VAWA 
provides and why it's critical that this bill be reauthorized. 
I was told by a leader in West Virginia that these funds are a 
lifeline to their work. As a member of the Appropriations 
Committee, I'm proud that we've consistently championed and, in 
many case, increased the amounts of money available for 
services for survivors of domestic and sexual violence in a 
bipartisan fashion.
    Now that the Office of Violence Against Women has announced 
the most recent round of grant funding, I am a bit concerned 
about how the Department of Justice is allocating some 
resources. Senator Ernst alluded to this a bit. Specifically, 
my State of West Virginia, while we have great challenges, we 
are accorded--I want to make sure we are accorded sufficient 
priority under existing statutory funding. As the only State 
that lost population, the population-based metrics are not 
helpful to meet those demands. One of my concerns, that VAWA 
formulas may require updating to better reflect the needs of 
our Nation's rural populations.
    I'm also concerned about the plight of service providers 
that are struggling to recover economically post-COVID. They 
need our help now more than ever. I urge the Department of 
Justice to update to the maximum extent possible its allocation 
methods to better reflect the needs of rural and remote areas 
where many victims have unique challenges to reporting these 
crimes and seeking assistance.
    VAWA reauthorization has historically been a bipartisan 
effort as it had been discussed today, and I'm happy to see 
many of my colleagues present with us today demonstrating that 
willingness to work together to get survivors of domestic 
violence the resources they need.
    We can pass this bill which encompasses the provisions on 
which already there is widespread bipartisan consensus. Doing 
so would not end our conversation or our work on behalf of 
victims and survivors because we know there are things we must 
continually improve to meet the needs and challenges.
    I would also like to thank Senators Feinstein and Ernst for 
their dedicated--dedicated movement to get this passed. For 
example, a few weeks ago or a few years ago, human trafficking 
was not a great concern in my State. Sadly, now it is. In 
addition to the challenges presented by COVID, we continue to 
be overwhelmed by the impact of an opioid epidemic.
    We are all here today with a shared goal because I've heard 
from individuals and organizations that need our help. We can 
provide that help. I'm ready to work together during Domestic 
Violence Awareness Month and beyond to see this goal 
accomplished so that we can continue to empower victims, 
support our survivors, and protect families in every single one 
of our states. Thank you.
    Chair Durbin. Thank you, Senator Capito. Senator Leahy has 
dispensed with his responsibilities on the floor of the Senate 
and is able to join us, and he'll be followed by Cindy Hyde-
Smith, Senator from Mississippi.

          OPENING STATEMENT OF HON. PATRICK J. LEAHY,

            A U.S. SENATOR FROM THE STATE OF VERMONT

    Senator Leahy. Thank you very much, Mr. Chairman. I had to 
open the Senate this morning and had a little bit of delay in 
my replacement getting there. We're here, and I want to thank 
you and Ranking Member Grassley for holding this hearing.
    The Violence Against Women Act's been a bedrock of the 
Federal Government's response to domestic violence and sexual 
assault since it was enacted in 1994. As one who was here at 
that time, I know that it's one of the most consequential 
pieces of legislation within our Committee's jurisdiction. With 
our evolving world, there came a need to not only reauthorize 
the law but update and strengthen it as well.
    In 2013, we passed a strong bipartisan Violence Against 
Women Act reauthorization. I was Chairman of the Committee, and 
it was a top priority of mine. I proudly partnered with Senator 
Crapo, and we did just that. We put together a bipartisan bill 
that's cosponsored by 62 senators. It passed the Senate 
overwhelmingly with 78 votes. Some thought that we should water 
it down to make it easier to pass. Senator Crapo and I stood 
with the survivors and victim service professionals who called 
for legislation to protect all victims regardless of their 
immigration status, their sexual orientation, or their 
membership in an Indian Tribe. Unfortunately, I am far less 
satisfied with how the Senate's failed to reauthorize the 
Violence Against Women Act since 2013.
    Nearly 2 years have already passed since I joined my friend 
Senator Feinstein in introducing the last reauthorization, 
which also passed the House with a strong vote of Republicans 
and Democrats. I'm glad that under the new Senate leadership we 
seem to be working in a more diligent bipartisan matter, and 
we're set to introducing a broadly supported Senate VAWA bill 
very soon.
    This is not about politics. It's about listening to 
survivors and ensuring that those on the front lines working to 
prevent domestic and sexual violence have all the tools we 
need. There's incredible dangers and stressors with COVID.
    As one who's gone to crime scenes when I was a prosecutor 
and seen women who had been beaten to death and then we find 
that this has been going on for some time but there's no place 
to report it, nothing to do, now, that was nearly 50 years ago. 
We can do a lot better, and we do. I still remember those--
every one of those scenes like it was yesterday. Social 
distancing pushed many survivors living with their abusers 
further into isolation during COVID.
    Victim service providers are struggling to meet increasing 
housing and economic needs. The programs that VAWA supports 
make a real difference to these survivors and to their 
families. We owe it to work with them and introduce a strong 
bipartisan bill without delay.
    Mr. Chairman, I thank you for the courtesy and letting me 
go forward.
    Chair Durbin. Thanks, Senator Leahy, for your leadership 
over the years for this important legislation. Senator Hyde-
Smith.

              STATEMENT OF HON. CINDY HYDE-SMITH,

          A U.S. SENATOR FROM THE STATE OF MISSISSIPPI

    Senator Hyde-Smith. Thank you, Chairman Durbin and Ranking 
Member Grassley. I certainly appreciate the opportunity to be 
here today to speak for the women who are experiencing these 
situations.
    My concerns are a lot like Senator Capito's. As we consider 
this reauthorization, I certainly want us to look at what I 
feel like is an overlooked population, the survivors of 
intimate partner violence who reside in rural areas. It's a lot 
harder to get access to things. These are the particular 
challenges faced by so many victims and survivors of domestic 
violence in my State of Mississippi.
    Before even making the decision to seek help, these 
survivors, most often women, have to come--overcome cultural 
norms which prioritize family privacy, which is very important 
in rural areas, traditional gender roles, and keeping their 
families together. When they do decide to get help, they'll 
have to travel long distances to receive it and will have fewer 
transportation options to get there in many instances.
    By one account, more than 25 percent of the women in rural 
settings reside at least 40 miles from the closest service 
provider compared to less than 1 percent in rural--in urban 
areas. Perhaps the most daunting, due to geographic isolation, 
these survivors, they don't have the ability to remain 
anonymous that they wish that they would have when they're 
seeking their help and they're so concerned of what the 
community would think of them.
    All of us in Congress can agree that our goals should be to 
ensure that these women in rural areas and indeed all victims 
of sexual abuse, domestic violence, and stalking are protected, 
and they receive the services that they need.
    To this end, these programs are funded generously each and 
every year by the Appropriations Committee, which I serve on. 
Earlier this year, we also came together as a Chamber and 
unanimously adopted a measure to significantly increase 
deposits into the Crime Victims Fund. This cooperative 
achievement will go a long way to sustaining the fund over 
time, but we need to harness that same cooperative spirit now.
    October is Domestic Violence Awareness Month, a time when 
we should come together to develop bipartisan relationships to 
address this and have meaningful chances that this would be 
signed into law by the President. We're not yet there, and 
that's extremely frustrating. The other Chamber this year 
passed a reauthorization bill that has little chance of 
reaching 60 votes in this Chamber.
    That bill is yet to overcome objectives from prosecutors 
who fear it will limit their abilities to successfully pursue 
repeat offenders of domestic violence. It is yet to address 
concerns that it could destabilize some states' unemployment 
systems. It has yet to address provisions that may reduce giant 
grant eligibility for providers serving victims of elder abuse 
or commercial sexual exploitation. Ironically, the bill's 
gender identity provisions can make it more challenging for 
grant recipients to best to serve the rape victims and sex 
trafficking victims for whom they provide space to heal 
emotionally and physically.
    Therefore, I call on this Committee and Senate leadership 
to adopt the reauthorization bill this month that embodies 
language on which we agree, including a greater emphasis on 
serving victims and rural areas. In the meantime, I believe we 
should continue to work together in good faith to resolve the 
remaining areas where we've yet to reach consensus. We need to 
do it for the sake of survivors, of victims of domestic and 
sexual violence everywhere.
    Thank you for allowing me to be here to speak on such an 
important issue. I certainly appreciate it.
    Chair Durbin. Thank you, Senator Hyde-Smith. Senator 
Capito, before you leave, I want to make a shameless plug for 
our RISE from Trauma Act bill that you joined me in introducing 
to effectively treat the root causes of violence by focusing on 
the impact that exposure to trauma has on our children and 
providing them the services they need to help heal. Thank you 
so much for being cosponsor. Thank you for joining us this 
morning.
    We now are going to call before us, Lisa Monaco. Let me get 
to the appropriate page here so I don't say the wrong thing at 
this moment. As the witness table is being prepared, I welcome 
Deputy Attorney General Lisa Monaco. Before you sit down, 
let's--let me administer the oath if I might.
    [Witness is sworn in.]
    Thank you very much. Note that the Deputy Attorney General 
answered in the affirmative. She serves as the Justice 
Department's second ranking official. She's responsible for the 
overall supervision of the Department. In this role, Deputy 
Attorney General Monaco advises and assists the Attorney 
General in formulating and implementing the Department's 
policies and programs. She was confirmed by the Senate with 
bipartisan support in April, previously served as a career 
Federal prosecutor and several leadership positions across the 
Department, served as Homeland Security and Counterterrorism 
Advisor of President Obama. Born and raised in Massachusetts, 
graduate of Harvard and the University of Chicago Law School. 
Deputy General, please proceed.

               STATEMENT OF HON. LISA O. MONACO,

        DEPUTY ATTORNEY GENERAL, DEPARTMENT OF JUSTICE,

                         WASHINGTON, DC

    Deputy Attorney General Monaco. Thank you very much, Mr. 
Chairman, Ranking Member Grassley, Members of the Committee.
    I appreciate very much this opportunity to speak to you 
today. The Violence Against Women Act has had an enormous 
impact in combating domestic violence, dating violence, sexual 
assault, and stalking. I'm here to urge Congress to reauthorize 
and to strengthen it.
    Before we get started though, Mr. Chairman, with your 
indulgence, I would like to recognize several tragedies that 
the Department of Justice has suffered in recent days. 
Yesterday, in Tucson, Arizona, a DEA agent was shot and killed, 
and a second DEA agent and a taskforce officer were shot and 
wounded. Separately, last Friday, a Deputy U.S. Marshal 
succumbed to injuries from a vehicle accident that occurred 
while he was assisting with a law enforcement operation. These 
sacrifices remind all of us of the risks law enforcement takes 
every day to protect the communities that they serve. My 
thoughts and prayers are with their families and the men and 
the women of the DEA and the U.S. Marshals Service.
    Mr. Chairman, Ranking Member Grassley, the original passage 
of the Violence Against Women Act in 1994, as you have noted, 
Mr. Chairman, had a major impact on my own life. At the time, I 
was a young staff member on this Committee working for then 
Chairman Biden. One of my responsibilities included responding 
to letters from people who wrote to the Committee. Time and 
again, I read firsthand accounts not only about the violence 
that too many people, mostly women, suffered at the hands of 
their intimate partners but also about the lack of 
accountability for these crimes.
    Statistics the Committee reported during that period 
painted a very grim picture: 98 percent of rape victims never 
saw their attacker caught, tried, and imprisoned meaning almost 
all of the perpetrators of rape walked free. Fewer than half of 
the people arrested for rape were convicted, and almost half of 
convicted rapists could expect to serve only a year or less in 
jail.
    My conversations with individual survivors, rape crisis 
centers, domestic violence shelters, emergency rooms and police 
stations put a human face on those statistics. And that 
experience led me to want to go to law school, Mr. Chairman. It 
led me into public service, and it drew me to a career in law 
enforcement and criminal justice.
    With the passage of VAWA, I saw how a law could make a real 
difference in people's lives, and I saw what Congress could 
accomplish through thoughtful policy driven by courageous 
voices, experts, and bipartisan leadership. Congress 
reauthorized VAWA in 2000, 2005, 2013, each time with 
bipartisan support. Over the years, we've made substantial 
progress. The need for VAWA's programs and protections is as 
critical as ever. I'd like to highlight just a few of the items 
the Department of Justice sees as priorities for the 
reauthorization bill.
    First, reauthorizing VAWA's vitally important grant 
programs at the $1 billion funding levels included in the 
President's fiscal year 2022 request. This will ensure 
communities can provide critical services to survivors as well 
as the right tools and training to make sure that responses to 
these crimes are survivor-centered and trauma-informed.
    I'm pleased to announce today that the Office of Violence 
Against Women has issued this year more than $476 million in 
grants to help State, local, and Tribal organizations support 
survivors as they heal, promote victim access to justice, and 
train professionals to respond to domestic violence, dating 
violence, sexual assault, and stalking.
    Second, we need to find ways--new ways to reach and improve 
services for underserved populations including culturally 
specific communities.
    Third, expanding the ability of Tribes to protect their 
communities from domestic and sexual violence through expanded 
jurisdiction.
    Fourth, reducing homicides through Federal firearms laws 
including by closing the so-called boyfriend loophole that 
leaves countless victims at risk.
    Before I take your questions, Mr. Chairman, I want to speak 
to two recent issues that have received considerable national 
attention and which I think underscore the continued importance 
of VAWA.
    The tragic murder of Gabby Petito has been at the forefront 
of many people's minds. While I won't speak to the ongoing 
investigation regarding her death, I am struck by two critical 
lessons we should take away from the publicly reported 
information, not just in this case, but in the thousands of 
other cases that don't receive public attention.
    First is the importance of the bystander's 911 call which 
prompted law enforcement to respond to reports of violence 
between Ms. Petito and her boyfriend.
    The second, as we learned from watching the public video 
footage of interviews conducted by those officers, is the vital 
importance of having trained law enforcement who understand the 
dynamics of domestic violence when responding to such 
incidents.
    We should not forget that Gabby Petito is not alone. There 
are more than 89,000 missing persons' cases in this country. 
Roughly 45 percent of them involve people of color including 
too many missing and murdered indigenous persons. Gender-based 
violence is too often a precursor to these cases. While these 
cases often don't receive public attention, the Department of 
Justice will continue its work to prevent these crimes and to 
bring perpetrators to justice.
    Finally, I want to recognize the many courageous women 
athletes who have spoken out and testified on behalf of the 
hundreds of survivors of Larry Nassar's horrific sexual abuse 
and, most recently, the four brave women athletes who came 
before this Committee last month.
    I also want to thank this Committee for its work and that 
of the Inspector General in bringing to light a system that 
inexcusably failed them and the scores of other survivors. As 
the Deputy Attorney General, as a lawyer, as a former FBI 
official, and as a woman, I was outraged by the Inspector 
General's findings, and I was horrified at the experiences 
Simone Biles, McKayla Maroney, Maggie Nichols, and Aly Raisman 
recounted in their powerful testimony.
    I am deeply sorry that in this case the victims did not 
receive the response or the protection that they deserved. I've 
discussed with the FBI Director the full scope of the changes 
he's instituting to ensure this never happens again. I've also 
directed additional measures inside the Department of Justice 
to ensure that where there is an ongoing threat, violence, or 
abuse, especially when that involves vulnerable victims, that 
our prosecutors understand that they have a duty to coordinate 
with other local law enforcement partners to address it. I've 
made clear that it is a priority of the Department of Justice 
to provide victims and witnesses of crime the support that they 
need.
    My experience working on VAWA for this Committee many years 
ago taught me a key principle that guides me still today. Our 
government has a moral obligation to protect its citizens and, 
when it falls short in that effort, we must listen to those who 
we have let down to better understand where we can improve.
    Survivors who come forward to report abuse must be met with 
competent and compassionate professionals who have the 
resources, training, and institutional support to do their 
jobs. That's the promise of VAWA and one the Department of 
Justice is committed to carrying out in our own organization 
and in VAWA-funded programs and work throughout the country.
    I appreciate the time and attention of the many Members of 
Congress who have contributed to this important legislation, 
many for decades. I look forward to continuing that work with 
this Committee and to answering your questions today. Thank 
you.
    [The prepared statement of Deputy Attorney General Monaco 
appears as a submission for the record.]
    Chair Durbin. Thank you, Deputy Attorney General. It's been 
my honor to serve on this Committee for over 20 years. Three 
weeks ago, we heard, as you recounted, the incredibly 
compelling and heartbreaking testimony from four survivors of 
sexual violence who were abused by disgraced USA Gymnastics 
team doctor Larry Nassar. The reaction across the Nation to 
that testimony was incredible, resounding, powerful. The 
American people want child predators like Larry Nassar and 
anyone who aids in their crimes held accountable.
    The Department of Justice has a special responsibility in 
this regard. We had the Director of the FBI present during the 
entire testimony of the gymnasts, and he testified later I 
think making no excuses for what they experienced when they 
finally summoned the courage to bring their grievance to the 
proper legal authorities. The FBI failed them. Our government 
failed them. We failed them. It was very clear.
    In addition to managing millions of dollars in funds 
earmarked for survivors of abuse, the Department of Justice 
overseas individual prosecutions of predators and their 
abettors. Many people, including myself and my colleagues, and 
the gymnasts who testified expressed shock and dissatisfaction 
with the Department's decision to decline prosecution of the 
FBI agents who not only mishandled the Nassar investigation but 
clearly lied to the Inspector General's Office. People who are 
charged with the crime of lying to the Government are held 
accountable and some are in prison for the very acts which 
appear to have taken place here. Yet the decision not to 
prosecute is one which most of us clearly don't understand.
    What is your response to the criticism over the 
Department's decision not to prosecute these FBI agents? If the 
Department is committed to bringing justice to survivors of 
sexual violence, what is your plan to better demonstrate that 
commitment going forward?
    Deputy Attorney General Monaco. Thank you, Mr. Chairman. 
First, let me reiterate. The survivors who testified so bravely 
last month deserved better than they got from the FBI and from 
the Justice Department. The IG documented inexcusable, 
unacceptable failures, some of them quite fundamental failures, 
a lack of urgency, a lack of care for the victims who we have a 
duty to protect. It is a core mission of the Department to 
protect those victims. As you know, the FBI Director testified 
about a number of measures he's putting in place from 
strengthened policy, strengthened training, mandatory reporting 
when such abuse comes to light in the future. I've also put in 
place the measures I referenced in my opening statement.
    With regard to the understandable interest and frustration 
with regard to the Department's long-standing policy to protect 
appropriate decision-making and not commenting on declination 
decisions, I can inform the Committee today that the recently 
confirmed Assistant Attorney General for the Criminal Division 
is currently reviewing this matter, including new information 
that has come to light.
    In light of that review, I think you'll understand, Mr. 
Chairman, that I am constrained in what more I can say about 
it. I do want the Committee and, frankly, I want the survivors 
to understand how exceptionally seriously we take this issue 
and believe that this deserves a thorough and full review.
    Chair Durbin. I might ask you this. Is there any sense of 
urgency or timetable to this new criminal review about the 
wrongdoing by the FBI agents?
    Deputy Attorney General Monaco. We take exceptionally 
seriously our duty to protect victims. Yes. I think you can be 
assured there is a sense of urgency and gravity with the work 
that needs to be done.
    Chair Durbin. I'd like to ask you about one other issue in 
the remaining minute. I mentioned while she was still here that 
Senator Capito and I have cosponsored legislation, the RISE 
from Trauma Act. When you read the statistics of the number not 
only of spouses but children of those spouses who are either 
victims of violence or exposed to violence in their lifetime, 
it is a showstopper.
    As a parent, you think back on the experiences of your own 
youth and those memorable events. Hopefully, God willing, they 
are positive memories. In many cases, they're not. There's a 
scar on the souls and minds of these children that has to be 
addressed or we see terrible outcomes.
    We're going through a spate of gun violence across America 
and in the city of Chicago, which I dearly love, which is just 
incredible. You wonder who are these kids that get so mixed up 
with the gangs and turn to guns and violence, the fight or 
flight syndrome, and everything that follows. What can you tell 
me about your announcement this morning, the additional 
resources that are going toward the issue of dealing with 
trauma?
    Deputy Attorney General Monaco. Mr. Chairman, as you know, 
one of the founding principles of the Violence Against Women 
Act when it was first enacted in 1994 and continuing on for 25 
years has been to ensure that prosecutors, court systems, 
victim advocates on all who encounter children who were exposed 
to violence in the home, victims themselves of domestic 
violence, sexual assault, stalking, dating violence, to ensure 
that when they encounter the system in all of its myriad forms 
that those individuals receive, the service that they are due, 
meaning that service providers, the prosecutors, the judges 
have been trained to understand the unique experience that a 
survivor of domestic violence or children exposed to violence 
in the home, what that trauma is like and how that should 
impact their movement, if you will, and what they get in the 
system. They shouldn't be retraumatized, Mr. Chairman, by 
coming forward and by seeking to hold their perpetrator 
accountable.
    Chair Durbin. I've gone over my time, and I'm sorry. Just 
to close by saying but resources have to be available for 
analysis, for counseling, for remediation, for mentorship to 
put these--give these kids a second chance. Otherwise, I'm 
sorry to say the results are going to be terrible. I'm glad to 
work with you and the Attorney General and the President in 
that issue. Senator Grassley.
    Senator Grassley. Yes. Before I start my questions, I want 
to emphasize what's been said here. You've already responded to 
it as positively and updated as you could about reconsidering 
prosecution of these people that weren't doing their job and 
taking action appropriate. I sent a letter to Attorney General 
Garland along the same line the very same day I think that we 
had this hearing.
    To my first question, it starts out with the fact that 
VAWA's passed the House of Representatives. On that bill, 
certain prosecutor groups have flagged for us something 
concerning with that. The business community has raised 
questions about unemployment benefits that are in that program 
can undermine the stability of the unemployment system. I hope 
that we can reach at a bipartisan agreement to move a bill 
forward. Short of that, I hope we can continue to do what we've 
done to reauthorize VAWA because it's a very important program 
that must be continued.
    My question is based on the fact that I believe 90 to 95 
percent of what's on the table in regard to VAWA is agreed to. 
Then there's certain outstanding things. Is the Department 
supportive of ensuring that the existing VAWA programs are 
extended, for example, through the end of the year so that the 
bipartisan negotiations can continue on a longer-term 
reauthorization message?
    Deputy Attorney General Monaco. Mr. Ranking Member, first, 
I want to thank you for your support in the past of the 
reauthorization of VAWA and the exceptionally important 
provisions not only the--the major funding and the formula 
grant programs and important grant programs that provide 
services to victims but also the rural grant programs which I 
know is exceptionally important to you.
    I thank you for your work and your support in the past, and 
we look forward to continuing to work with you and the other 
bipartisan Senators who were before. I think it's very 
important that we move urgently to reauthorize the Violence 
Against Women Act. Of course, we are grateful that Congress--
when the Violence Against Women Act lapsed, that the funding 
programs were continued to be funded because they, as we know, 
provide urgent services.
    As Senator Ernst and others said, it is very important that 
we strengthen, improve, and indeed modernize the Violence 
Against Women Act. We stand ready to work with you, Senator, 
and others to make sure we can get that done.
    Senator Grassley. Okay. Some years ago, this Committee 
approved the Survivors' Bill of Rights for Sexual Assault. This 
year, I'm working with colleagues on related legislation that 
would provide states with additional funding under the STOP 
Formula Grant Program authorized by VAWA. If they adopt 
legislation to implement these same rights at the State level, 
I remain concerned however that only a minority of sexual 
assault victims come forward and report the crime. Other than 
adopting the Survivors' Bill of Rights, what additional steps 
might Federal, State, local authorities take to encourage more 
victims of sexual assault to report the crime and cooperate in 
its investigation?
    Deputy Attorney General Monaco. First, Senator, thank you 
for your leadership on ensuring survivors, regardless whether 
in the State system or the Federal system, receive the services 
and the rights that they deserve. I think the simple answer to 
your question, Senator, is reauthorization of VAWA, and it is 
as the levels that the President has sought because that will 
expand the much needed, indeed urgently needed, services.
    I spent some time with a number of advocates last week, and 
I heard from them that frankly, and unfortunately, the demand 
for services is far outpacing the availability of those 
services. We have waiting lines at places like rape trauma and 
rape crisis centers, critical rape crisis centers that VAWA 
funds. I think the simple answer, Senator, is reauthorization 
and the increased funding that the President is seeking.
    Senator Grassley. Okay. My last question will have to be 
about the Federal courts having authority to award restitution 
for certain losses incurred by victims of crime in Federal 
cases, and the Governmental--Government Accountability Office 
recommended several years ago that the Department of Justice 
implement performance measures and goals for the collection of 
restitution. To what extent has DOJ implemented those reforms, 
and what can you tell us about the subject?
    Deputy Attorney General Monaco. Senator, I'll have to go 
back and look at that specific report and our responses, 
although I know that we take very seriously reports from 
whether it's the GAO or the IG and particularly when it comes 
to stewardship of Federal dollars.
    Senator Grassley. Could you respond to that in writing 
then?
    Deputy Attorney General Monaco. I'd be happy to, sir.
    Senator Grassley. Okay. Thank you.
    Chair Durbin. Thanks, Senator Grassley. Senator Leahy.
    Senator Leahy. Thank you, Chairman. Deputy Attorney 
General, it's great to see you here. I've had the pleasure 
working with you over the years. You talked about being a 
junior staff member here. You were a very vital staff member 
right from day one, and I appreciate----
    Deputy Attorney General Monaco. Thank you.
    Senator Leahy [continuing]. You being here on this. I can't 
think of anybody better to be talking about Violence Against 
Women Act. It's one of the most consequential pieces of 
legislation within our Committee's jurisdiction unfortunately 
last time successfully reauthorized in 2013. I was glad in that 
one when Senator Crapo and I brought the bill through. We had 
students, immigrants, LGBTQ individuals, those in Tribal lands, 
and it passed overwhelmingly.
    Those--those of us who, our days as prosecutors, saw what 
happened in violence against women, not a statistic but 
actually saw the victims and talked with the victims, those who 
were still alive and could talk. I'm glad you're here. I think 
you would agree that it's important to not only reauthorize but 
improve and strengthen the law. Would you agree with that?
    Deputy Attorney General Monaco. I do, Senator.
    Senator Leahy. I--you know, I think back often to my own 
experience. Many of us have experience as prosecutors. We see 
the impacts of domestic and sexual violence on individuals, on 
their communities. We also know that one size doesn't fit all 
in the criminal justice system. I've been looking at things 
like restorative justice principles and practices. Maybe they 
can help. Those empower survivors to have a voice in shaping 
the response to harm. It gives them and the communities an 
opportunity to make sure that those who cause the harm be 
accountable for their actions.
    I've been working with your Justice Department to establish 
the federally backed National Center on Restorative Justice. 
I'm familiar with it because it's housed within the Vermont Law 
School. The Center receives initial funding from the Office of 
Justice Programs, received another Justice Department grant 
earlier this year to continue. I appreciate that. Both the 
House of Representatives and the White House have expressed 
support for continuing and expanding it as needed.
    My--a long way round to come to the question. We have to 
reauthorize. We have to improve the existing law. I think 
utilizing restorative justice approaches is one of those 
necessary improvements. Deputy Attorney General Monaco, we're 
working to put finalized restorative justice language within 
the Senate VAWA legislation. Will you support exploring 
restorative justice as another approach to reducing domestic 
and sexual violence in our communities?
    Deputy Attorney General Monaco. Yes, Senator. Just to give 
you a sense of my thinking on this, I start from the premise 
that the original Violence Against Women Act at its core was 
about improving responses as we've talked about, improving 
responses to domestic violence, dating violence, stalking, 
sexual assault, and improving the response of law enforcement 
and the courts.
    It had been treated as a private matter, and we had to 
innovate. We had to change our thinking. As has been noted 
before earlier this morning, the hallmark of reauthorizations 
of VAWA in the past has been filling gaps and innovating and 
improving and modernizing our services.
    What I have heard from advocates and from experts is that 
some survivors are reticent to seek help from the criminal 
justice system. They need other options. I think those options 
need to be evidence-based. They need to be voluntary. I think a 
hallmark of violence against women in the past and in the 
future ought to be being willing to study and innovate and be 
responsive to what we're seeing on the ground.
    Yes, Senator. I'm very pleased that OJP and the Bureau of 
Justice Assistance has been able to fund the Restorative 
Justice Center you mentioned in Vermont.
    Senator Leahy. I appreciate that. I have a feeling that at 
least the Senate Appropriations Committee will make sure the 
money is there that you may need on this.
    I--and just--and you alluded to this. I'll close with this. 
I think back and with a distressed memory on a number of cases 
when I was a prosecutor when a victim of violence against women 
sometimes is no longer alive and come forward, we find this had 
been going on for some time. That person never felt they had a 
place they could go to report it. I have often said I was 
distressed in my office of the State attorney to hear about it 
for the first time as we're ordering the autopsy. Thank you.
    Chair Durbin. Thank you, Senator Leahy. Senator Cornyn.
    Senator Cornyn. Deputy Attorney General Monaco, thank you 
for being here today.
    I'm actually a little surprised to see you given the fact 
that you refused to attend the hearing where the heinous 
conduct of Larry Nassar was exposed again and where even the 
FBI Director personally apologized saying he was deeply and 
profoundly sorry to the victims of these repeated sexual 
assaults while they were Olympic athletes.
    Let me just ask you to respond to a statement that was 
reported in The Hill. This is by one of the witnesses there, 
former U.S. Olympic gymnast Aly Raisman. She attended a news 
conference that Senator Blumenthal and Senator Grassley held. 
As you know, Senator Blumenthal, Senator Feinstein had both 
written a letter to you and the Attorney General asking serious 
questions, asking for you to appear at the hearing that we held 
3 weeks ago.
    Ms. Raisman, one of the victims of repeated sexual assault 
by the Olympic team doctor, said, ``The message by them not 
showing up sends that child abuse doesn't matter.'' She's 
talking about the Department of Justice, talking about you. ``I 
think it's completely shocking and disturbing that they didn't 
think it was important.'' What's your response?
    Deputy Attorney General Monaco. Senator, I think that the 
women who came and testified here last month are exceptionally 
brave. Their voices were powerful. Their voices----
    Senator Cornyn. They're talking about you not showing up.
    Deputy Attorney General Monaco. I----
    Senator Cornyn. That that was essentially a disrespectful 
act which did not view the allegations that they have made 
against Mr. Nassar as sufficiently significant for the 
Department of Justice to actually show up for the hearing.
    Deputy Attorney General Monaco. I am deeply and profoundly 
sorry for the fact that the victims and courageous survivors, 
both the women who testified last month, and the scores--
unfortunately, scores of other survivors of Larry Nassar did 
not receive----
    Senator Cornyn. Why didn't you or the Attorney General show 
up at the hearing?
    Deputy Attorney General Monaco. Senator, I think the 
Committee--and I thank the Committee for its work--was able to 
hear from Director Wray and the Inspector General.
    Senator Cornyn. Don't you know that you----
    Deputy Attorney General Monaco. I also----
    Senator Cornyn [continuing]. Demonstrated profound 
disrespect for these victims of sexual assault by your refusal 
to respond to Senator Blumenthal, Senator Feinstein's letter or 
to even show and express your personal apology as the public 
official responsible for supervising the FBI at the Department 
of Justice. Don't you think you showed them disrespect by 
refusal to show?
    Deputy Attorney General Monaco. I mean no disrespect, 
Senator. I am here to answer whatever questions the Committee 
has with regard to the steps the Department is taking to ensure 
that the failures, the inexcusable failures, fundamental 
failures, do not happen again. I welcome the Committee's 
questions here today on that subject.
    Senator Cornyn. You're about 3 weeks too late by my count. 
A lot of the initial failures of the FBI occurred in 2015. 
We're now in 2021. Despite the Department of Justice's refusal 
to act on the criminal referral by the Inspector General, now 
you tell us 6 years later that the Department of Justice is 
reviewing new information and has a sense of urgency and 
gravity over these--over these potential criminal prosecutions.
    You know, I've been in Washington long enough to know 
there's a difference between what people say and what they do. 
When you're talking about a 6-year delay between the time that 
the outcry of these victims of sexual assault is made and 6-
year delay between then and now, it's pretty hard to understand 
or to believe that there is any sense of urgency or gravity on 
the part of the Department of Justice.
    What is the statute of limitations for lying to the FBI or 
from some of the other potential criminal activities that have 
been charged by the Inspector General in this case?
    Deputy Attorney General Monaco. I believe the statute of 
limitations, want to confirm for 1001 which I think is the 
statute we're referencing, is 5 years.
    Senator Cornyn. Here we are 6 years later. Isn't it likely 
that any criminal charges for lying to the FBI would be barred 
by the statute of limitations?
    Deputy Attorney General Monaco. Senator--Senator Cornyn, I 
really don't want to get into the specifics about what legal 
theories could be pursued, what evidence may----
    Senator Cornyn. No. I'm asking----
    Deputy Attorney General Monaco [continuing]. Be pursued.
    Senator Cornyn [continuing]. About the statute of 
limitations. You said it's 5 years for lying to the FBI. Here 
we are 6 years later, and the Department of Justice has done 
nothing. You have the audacity to tell us that you are 
experiencing a sense of urgency and gravity over this. It's 
simply not credible.
    Chair Durbin. Senator Whitehouse.
    Senator Whitehouse. Thank you. Welcome, Ms. Monaco. Good to 
have you back in the Committee again.
    Deputy Attorney General Monaco. Thank you, Senator.
    Senator Whitehouse. We had another exceptionally brave and 
powerful witness with allegations of sexual assault in this 
Committee before the Olympic athletes, and that was Dr. 
Christine Blasey Ford. In response to that testimony, the 
Republicans hired a prosecutor to try to punch holes in her 
testimony. When that failed, it appears that the FBI tanked the 
background investigation.
    Just for starters, is there any reason that sexual assault 
allegations should be taken less seriously in the context of a 
background investigation than in the context of a criminal 
investigation?
    Deputy Attorney General Monaco. Sexual assault allegations 
should always be taken seriously, Senator.
    Senator Whitehouse. Let me thank you for the trickle of 
information that has begun to flow about the FBI's conduct in 
that matter. As you know, Director Wray maintained a complete 
stone wall on information about that investigation during the 
Trump administration while at the same time maintaining a fast 
lane for FBI information related to the Crossfire Hurricane 
investigation. Why there should be two different gates at the 
FBI for information related to these two investigations is 
something that we'd like to try to understand further, and I'll 
hope you'll continue to cooperate in extracting from the FBI 
the information that we need to understand what took place. 
Will you?
    Deputy Attorney General Monaco. We will, Senator. I'm 
pleased that the FBI's responded to, I think, your most recent 
letter on this matter, has offered a briefing on the matter, 
and you have my commitment. We will continue to make sure that 
we do our very best to answer your questions.
    Senator Whitehouse. More generally, I have a letter that 
I'd like to put into the record, Mr. Chairman, from----
    Chair Durbin. Without objection.
    [The information appears as a submission for the record.]
    Senator Whitehouse. It's been anonymized, which I think is 
appropriate from a victim of domestic violence, related to her 
experience with the Rhode Island group called Sojourner House, 
which among its other services provides transitional housing so 
that the victim of violence can go and find a place to live 
while she or he works through all the changes in their lives 
that dealing with that violence threat requires. I'd like to 
put that in the record without objection.
    Chair Durbin. Without objection.
    Senator Whitehouse. Relatedly, years ago, the last time I 
guess we reauthorized the VAWA Act, we got my SMART Prevention 
Act into it which provides funding to help kids, right? The 
woman is often the direct victim of domestic violence. A child 
witnessing that violence has been through a terrible ordeal 
also that can affect them for a long time.
    Could you speak please to the role of housing in providing 
adequate support for victims of domestic violence and the 
support that children, particularly very young children, need 
when they may not be the subject of the violence itself, but 
they are nevertheless witness to it and traumatized by that 
experience in their family?
    Deputy Attorney General Monaco. Thank you, Senator. I'm 
glad you highlighted this issue, because I think too often it's 
overlooked, the ripple effect from domestic violence. As you 
rightly point out, the woman is often the direct victim, but it 
does ripple out. Unfortunately, the most vulnerable, the 
children, are often in that wake and feeling those effects as 
acutely as the primary victim.
    Toward that end, the Violence Against Women Act and its 
transitional housing program funds much needed, frankly, refuge 
for people fleeing domestic violence and violent situations. I 
think the latest figure I saw, Senator, is some two million 
housing nights a year that the Violence Against Women Act's 
transitional housing program funds through its grant 
recipients. The President's budget request seeks additional 
funding, an increase in that. It's much needed.
    As I said, I've heard directly from advocates in the last 
week just how much demand is outpacing supply. I think you've 
hit on a very critical issue, and I look forward to working 
with the Members of this Committee to really making sure we 
address that issue of transitional housing and having a refuge 
for women and their children who are too often in the line of 
fire so to speak when it comes to domestic violence.
    Senator Whitehouse. Last point in my 15 seconds remaining. 
The--I hope the administration will support the proposed 
increase in the SMART Prevention funding related to child 
witnesses of domestic violence from 15 million to 45 million 
dollars. It's a bit hard when we're talking about 2 trillion 
here and 3.5 trillion there to imagine that for this 
population, we're at 15 million. I hope the administration will 
support increasing that.
    Chair Durbin. Thanks, Senator Whitehouse. Senator Hawley.
    Senator Hawley. Mr. Chairman, I'll let Senator Cotton go 
next. He was here before me.
    Chair Durbin. Senator Cotton.
    Senator Cotton. Ms. Monaco, last week, the National School 
Board Association wrote to President Biden asking the 
administration to bring the full force and weight of the Feds 
down onto parents who are protesting various school policies at 
school board meetings including the indoctrination of children 
with an anti-American doctrine known as Critical Race Theory or 
protesting the requirement that children as young as two be 
required to wear masks. I think we can all agree that violence 
is not an acceptable form of political protest and violence can 
never be used to achieve policy or political goals.
    That's not what the School Board Association letter focuses 
on. In fact, in one example of what the association thinks 
warrants Federal criminal charges, they cite--and this is a 
direct quote--``An individual who prompted a school board to 
call a recess because of opposition to Critical Race Theory.'' 
A recess.
    The association is asking the administration to use the 
Patriot Act, a law that this Congress passed and has repeatedly 
reauthorized primarily to stop the threat of Islamic jihadists, 
to bring criminal charges for domestic terrorism against 
parents who attend school boards to oppose things like Critical 
Race Theory or mask mandates resulting in a recess being 
called.
    Ms. Monaco, is it domestic extremism for a parent to 
advocate for their child's best interests?
    Deputy Attorney General Monaco. Senator, as you readily 
point out that violence is not the answer. There can be very 
spirited public debate, and there should be very spirited 
public debate on a whole host of issues. When that tips over 
into violence or threats, there is a role for law enforcement.
    Senator Cotton. Ms. Monaco, I'm sorry. My time is limited 
here. I asked a simple yes or no question, and I have several 
of them that I want to ask. I'd like a yes or no answer. Is it 
domestic extremism for a parent to advocate for their child's 
best interests?
    Deputy Attorney General Monaco. I think the--what you have 
described, no, I would not describe as domestic extremism.
    Senator Cotton. Is it domestic extremism for a parent to 
want to have a say in what their child is taught at school?
    Deputy Attorney General Monaco. I think it's important--
although obviously not my field in the Justice Department to 
opine on education policy, it's important for parents' voices 
to be heard. Senator, I want to talk about what the Attorney 
General did do in response to that.
    Senator Cotton. I want to go to----
    Deputy Attorney General Monaco. The issue of threats----
    Senator Cotton. Ms. Monaco, I want to go through my 
question. I grant you that no one should ever threaten violence 
or use violence to try to achieve political or policy goals. 
They shouldn't, for instance, follow Democratic Senators into 
the bathroom violating State laws. No one should ever use 
threats of violence or violence to achieve political goals. I'm 
asking very simple questions here and trying to get the bottom 
of what was on the Attorney General's mind or the Department's 
mind. Is it domestic extremism for parents to oppose their 
children being taught to treat people differently because of 
race?
    Deputy Attorney General Monaco. The Justice Departments' 
job, Senator, is to apply facts to law, not to opine on letters 
that are put forward or--you know, I think it's very important 
for the Justice Department to----
    Senator Cotton. Ms. Monaco, it's a fact that the School 
Board Association just sent this letter to President Biden. 
Then conveniently the Attorney General released his letter 
yesterday describing his series of measures to confront this 
grave and growing threat of parents protesting their kids being 
indoctrinated and the school board having to call recess. Is 
there any connection between those two things?
    Deputy Attorney General Monaco. I want to be very clear. In 
the memorandum that's publicly available the Attorney General 
issued, it talks about the importance of bringing Federal, 
State, local law enforcement to make sure that there is 
awareness of how to report threats that may occur and to ensure 
that there is an open line of communication to address threats, 
to address violence, and to address law enforcement issues in 
that context, which is the job of the Justice Department, 
nothing more.
    Senator Cotton. The United States just saw the largest 
single-year increase in murders on record. Has the Attorney 
General issued a memorandum describing a special series of 
measures that the Department of Justice should take to try to 
address this record increase in murders?
    Deputy Attorney General Monaco. Yes, indeed, Senator. In 
fact, I issued a directive to the field----
    Senator Cotton. You did?
    Deputy Attorney General Monaco [continuing]. Earlier this 
year----
    Senator Cotton. Has the Attorney General?
    Deputy Attorney General Monaco. It was on behalf of the 
Attorney General and the rest of the leadership of the Justice 
Department to address the alarming rise in violent crime and to 
lay out a strategy for violent crime reduction, which includes 
going after and using Federal resources to target the most 
violent offenders including those operating with guns, 
including those responsible for murders and violence in our 
communities.
    Absolutely. We take the alarming rise in violent crime 
exceptionally seriously. Indeed, I've heard from the many hours 
I have spent with law enforcement leaders across this country 
how urgently they feel it is to address this rise in violent 
crime. We are working every day----
    Senator Cotton. Sorry, Ms. Monaco. My time is almost----
    Deputy Attorney General Monaco [continuing]. To address 
that challenge.
    Senator Cotton [continuing]. Up. I just want to finish with 
one final question. Did anyone at the FBI express disagreement 
or any reticence at all about investigating disagreements 
between parents and school boards over curriculums and school 
policies?
    Deputy Attorney General Monaco. I don't understand that to 
have been the--absolutely it was not the subject of the 
Attorney General's memorandum. The answer to your question is 
no.
    Senator Cotton. Nobody at the FBI expressed any reticence?
    Deputy Attorney General Monaco. I'm sorry, Senator. If you 
are asking me what was the response to the Attorney General's 
memorandum, I've heard no reticence, no concern. The job of 
U.S. Attorneys and FBI special agents in charge to be conveners 
in their community, to address violent issues in their 
community, is the core job of the Justice Department.
    Chair Durbin. Thank you, Senator Cotton. Senator Klobuchar, 
prior to your arrival, we said good things about you and your 
work on VAWA.
    Senator Klobuchar. Better than bad things. Thank you very 
much, Mr. Chairman. Thank you for your leadership. I apologize 
for being late. We're having a incredible hearing over in the 
Commerce--Commerce Committee on the whistleblower's allegations 
and statements about Facebook.
    I was thinking as I sat there despite all of the hearings 
that we've had in this Committee, it may be that one person is 
going to be the catalyst to finally passing bills not just in 
the privacy area which she herself said isn't enough but in 
transparency for algorithms and also consolidation which was 
specifically mentioned with the dominant platforms.
    Ms. Monaco, I know we're going to have a confirmation 
hearing on your new nominee for antitrust. I only lead with 
that because the violent content is part of this story as well.
    I would start with the fact that this has always been a 
bipartisan reauthorization so many times in the past. This bill 
is so important. In your view, has the pandemic where we saw in 
my own State intimate partner violence rose for more than 40 
percent--rose more than 40 percent in 2020. Has the pandemic 
increased the urgency to reauthorize VAWA?
    Deputy Attorney General Monaco. Absolutely. It has, 
Senator. I have been remarking this morning on my discussions 
with advocates and service providers, the people on the ground 
doing the work that is so urgently funded by the Violence 
Against Women Act. They have told me that the demand for 
services is outpacing the ability to provide those services. 
It's only become more so as a result of the COVID-19 pandemic 
which stands to reason. People are at home and really with 
their abuser in many respects. That is a horrible situation 
that we need to rectify.
    Senator Klobuchar. Okay. For many years, I've worked with 
Senator Cornyn on the Abby Honold Act, something that Senator 
Franken was originally involved in introducing. This bill would 
encourage law enforcement's use of trauma-informed techniques 
when responding to sexual assault crimes to avoid 
retraumatizing the victim. Can you speak to why it's important 
that law enforcement uses these types of techniques? This bill 
was actually included in the House-passed reauthorization of 
VAWA.
    Deputy Attorney General Monaco. Thank you, Senator. Thank 
you for your leadership on that issue. It is such an 
exceptionally important part of the Violence Against Women Act 
and our approach to these issues understanding from the 
survivors' perspective what they are going through when they 
are interviewed by law enforcement, when they interact with the 
court system, when they go to get their medical exam as a 
result of a sexual assault that they have suffered, making sure 
that at every step along the way the individuals they are 
encountering understand the trauma that the victim and survivor 
has encountered so that they can take appropriate steps, so 
they can recognize and have their services be, as we say, 
trauma-informed where the victim's experience is at the center 
of the training that service providers provide.
    Senator Klobuchar. Thank you. I'm going to--I want to move 
on----
    Deputy Attorney General Monaco. Please.
    Senator Klobuchar [continuing]. To something really 
important to me, and that is the fact that every year more than 
600 American women are killed with a gun by intimate partners 
and half of the women killed by intimate partners are killed by 
dating partners. Under--when Senator Leahy was chairing this 
Committee, we had a hearing on what's called the ``boyfriend 
loophole'', which always sounds too positive to me actually for 
what it means.
    A conservative witness--actually, all the Republican 
witnesses, I remember Senator Grassley being at this hearing as 
well, supported changing this situation. The--they said, 
``Dangerous boyfriends can be just as scary,'' the sheriff from 
Racine County, Wisconsin said, ``as dangerous husbands. They 
hit just as hard, and they fire their guns with the same deadly 
force.'' Yet Federal law only prohibits domestic abusers from 
buying a gun if they are currently or formerly married, if they 
have ever lived together, if they had a child with the victim. 
Do you agree that we should update the law--and I know you 
addressed this earlier--in order to protect dating partners in 
the same way we protect married partners?
    Deputy Attorney General Monaco. Absolutely, Senator. The 
danger and the violence and the risk to the women who are 
suffering and who are killed--we know that women are more 
likely to be killed if the abuser has a gun. It's no different 
if that abuser is in a dating relationship than if they are a 
spouse.
    Senator Klobuchar. I also note when the Congress first took 
action to prohibit convicted domestic abusers--this was on a 
bipartisan basis--from buying or owning a gun, the restriction 
applied to people who, of course, already had convictions on 
the books. They didn't wipe the slate clean. Do you agree that 
fully addressing the threat means that abusive dating partners 
with prior domestic violence convictions should be prohibited 
from buying a gun? That's what in the bill now, the bill that 
by the way passed the House with dozens of Republican votes.
    Deputy Attorney General Monaco. I think it's exceptionally 
important that we address this loophole. The individuals, as 
you said, are people who would be affected by this, are people 
who have been adjudicated, who have been convicted and found to 
be a threat by a court. That's the issue that we have to 
address and--because failure to close this loophole is 
resulting in too many women dying.
    Senator Klobuchar. Really appreciate your leadership and 
your testimony today. Thank you very much.
    Deputy Attorney General Monaco. Thank you, Senator.
    Chair Durbin. Thank you, Senator Klobuchar. Senator Hawley.
    Senator Hawley. Thank you, Mr. Chairman. Ms. Monaco, I want 
to come back to this extraordinary letter and memorandum that 
the Attorney General of the United States issued yesterday. 
Practically every day brings new reports about this 
administration weaponizing the Federal bureaucracy to go after 
political opponents. Frankly, I don't think we've seen anything 
like it in American history. I mean, for those of us who missed 
the McCarthy era, I guess this President is intent on bringing 
it to us but with new force and new power and new urgency 
unlike anything we've ever seen.
    Are you aware of any time in American history when an 
attorney general has directed the FBI to begin to intervene in 
school board meetings? Local school board meetings?
    Deputy Attorney General Monaco. I'm not aware, and I'm not 
aware that that--and that is not going on. Let me be very, very 
clear.
    Senator Hawley. Really? This isn't about local school board 
meetings? That's not the subject of the memorandum. I thought 
that was in the memorandum.
    Deputy Attorney General Monaco. The memorandum is quite 
clear. It's one page, and it asks the U.S. Attorney community 
and the FBI special agents in charge to convene State and local 
law enforcement partners to ensure that there's an open line of 
communication to address threats, to address violence, and 
that's the appropriate role of the Department of Justice to 
make sure that we are addressing criminal conduct and violence.
    Senator Hawley. At local school board meetings. Let me just 
ask you this. Is parents waiting sometimes for hours, to speak 
at a local school board meeting to express concerns about 
Critical Race Theory or the masking of their students, 
particularly young children, is that in and of itself--is that 
harassment and intimidation? Is waiting to express one's view 
at a school board meeting harassment and intimidation?
    Deputy Attorney General Monaco. As the Attorney General's 
memorandum made quite clear, spirited debate is welcome, is a 
hallmark of this country. It's something we all should engage 
in and be free to engage in.
    Senator Hawley. No. I don't think so, Ms. Monaco. With all 
due respect, it didn't make it quite clear. It doesn't define 
those terms, nor does it define harassment or intimidation. It 
talks about violence. I think we can agree that violence 
shouldn't be condoned or looked aside from in any way swept 
under the rug at all. Harassment and intimidation, what do 
those terms mean in the context of a local school board 
meeting?
    I mean, this seems to--in the First Amendment context, we 
talk about the ``chill,'' the ``chill to speech.'' If this 
isn't a deliberate attempt to chill parents from showing up at 
school board meetings for their elected school boards, I don't 
know what is. I mean, I'm not aware of anything like this in 
American history. We're talking about the FBI. You're using the 
FBI to intervene in school board meetings. That's 
extraordinary.
    Deputy Attorney General Monaco. Senator, I have to 
respectfully disagree. That is not what----
    Senator Hawley. Point me to an instance.
    Deputy Attorney General Monaco. The--the Attorney General's 
memorandum made quite clear that violence is not appropriate. 
Spirited public debate on a whole range of issues is absolutely 
what this country is all about. If----
    Senator Hawley. Then why is it being investigated by the 
FBI?
    Deputy Attorney General Monaco. When and if--it is not. 
When and if any situation turns to violence, then that is the 
appropriate role of law enforcement to address it. What----
    Senator Hawley. The memorandum covers more than violence. 
It talks about intimidation. It talks about harassment. I'm 
asking you to draw some lines. We do this all the time in the 
First Amendment context. This is the sum and substance of First 
Amendment law, so I expect that you'll be available and willing 
to do it now.
    Tell me where the line is with parents expressing their 
concerns, waiting for hours in these school board meetings. 
We've all seen the videos. This happened to my State. Parents 
have waited for hours. Sometimes the school board meetings had 
been ended before they can speak because the school board 
doesn't want to hear it. Now, parents are told that if they 
wait and they express their views that they may be investigated 
for intimidation?
    Deputy Attorney General Monaco. I don't know who's telling 
them that, Senator. The job of the Justice Department is to 
investigate crimes when a situation turns to violent--when and 
if a situation turns to violence, it's the job of the Justice 
Department and local law enforcement to address that.
    The Attorney General's memorandum simply asked the U.S. 
Attorney community, the FBI, and their counterparts to ensure 
that State and local law enforcement has an open line of 
communication to report threats, whether they happen in the 
context of election officials being threatened, whether they 
happen in the context of Members of Congress being threatened, 
which the FBI responds to on a regular basis as is appropriate. 
The job of the Justice Department is to address criminal 
conduct.
    Senator Hawley. You know, all I can say is this is truly 
extraordinary. I think you know it is. It's unprecedented. You 
can't point to a single instance where anything like this has 
happened before.
    I think parents across this country are going to be stunned 
to learn, stunned, that if they show up at a local school board 
meeting, by the way, where they have the right to appear and be 
heard, where they have the right to say something about their 
children's education, where they have the right to vote. You 
are attempting to intimidate them. You are attempting to 
silence them. You are attempting to interfere with their rights 
as parents, and, yes, with their rights as voters.
    This is wrong. This is dangerous, and I cannot believe that 
an Attorney General of the United States is engaging in this 
kind of conduct. Frankly, I can't believe that you are sitting 
here today defending it. I intend to get answers to these 
questions. You won't answer my questions. I'm going to get 
answers to these questions.
    Mr. Chairman, we need to have a hearing on this subject. We 
need to hear from the Attorney General himself. He needs to 
come here, take the oath, sit there, and answer questions. We 
have never seen anything like this before in our country's 
history. Frankly, I want to say I think it is a dangerous, 
dangerous precedent.
    Chair Durbin. This hearing on Violence Against Women Act 
will continue. Senator Coons.
    Senator Coons. Thank you, Chairman Durbin. Great to be with 
you, Deputy Attorney General Monaco, and I appreciate your 
appearing before us on a hearing that is about the 
reauthorization and strengthening of the Violence Against Women 
Act, a tremendously positive and important law that you helped 
shape when it was first brought forward by then Senator Biden 
in this Committee.
    It's one of the most important pieces of legislation 
Congress has passed in recent memory. It's improved and 
protected the lives of millions of Americans and transformed 
the way that our country and law enforcement advocates, victims 
think about and respond to domestic violence.
    It's also in my view a testament to President Biden's 
vision and character, someone who has always had an intense 
opposition to those who abuse their power over others. It still 
remains far too pervasive in our country, and domestic 
violence, in many ways, has been worsened by the COVID-19 
pandemic. I've gotten calls from the Delaware nonprofit 
organizations that are both advocates and service providers. I 
think it's more critical than ever that Congress strengthen and 
reauthorize this bill.
    Let me ask you a few questions on that topic if I might. 
Gun violence is a pervasive and tragic, brutal part of domestic 
violence and gender-based violence. Studies show domestic 
violence is five times more likely to be deadly if a--if an 
abuser has access to a firearm. I was glad to see that the 
bipartisan House-passed VAWA reauthorization would require the 
Federal Government to tell State and local authorities when a 
person with a domestic abuse conviction has failed a background 
check.
    Similarly, Senator Cornyn and I introduced in this Chamber 
the NICS Denial Notification Act which would require 
information sharing between Federal, State, and local law 
enforcement when a person prohibited tries to purchase a 
firearm and fails a background check. Would you agree that 
giving State and local authorities timely information about 
individuals who've lied and tried and been denied a firearm can 
help make our communities safer?
    Deputy Attorney General Monaco. Absolutely, Senator. What 
we need to make sure is we've got the requisite information in 
the systems to ensure that those who pose a risk, those who 
pose a lethal risk, cannot possess a firearm and do deadly 
damage in our communities.
    Senator Coons. One of the roles I play here is as a member 
of the Appropriations Committee and, in particular, the 
Subcommittee that provides funding for Federal law enforcement 
and for the implementation of VAWA. The authorization levels 
haven't gone up as rapidly as the need. I've heard from 
providers like the YWCA, CHILD, Inc., community legal aid in my 
home State about how this makes a daily difference, the 
resources that they receive through VAWA. How can we continue 
to support nonprofit organizations all over the country, an 
established network of providers and advocates, and account for 
the extra need that the COVID-19 pandemic has placed on them?
    Deputy Attorney General Monaco. Senator, you've hit at the 
heart of the matter which is the really dangerous increase and 
the need that survivors of domestic violence, dating violence, 
stalking, sexual assault have. It's increased during the 
pandemic as we've observed. Those who are stuck at home housed 
with their abuser are suffering and suffering sometimes in 
silence. The simple answer to your question, Senator, is 
reauthoring--reauthorizing--excuse me--the Violence Against 
Women Act and doing so at the $1 billion levels that the 
President has requested in his fiscal year 2022 budget request.
    It will provide much needed, indeed urgent, services to 
survivors, training to law enforcement so they respond and when 
they do so they've got the tools, the training they need not to 
retraumatize the survivors who they're encountering. And it 
will do the same with regard to court systems, increased rural 
funding for these same services. Senator Ernst rightly pointed 
out that we need to make sure that rural communities get these 
services as well, and the Office of Violence Against Women's 
rural program does that. We need to increase those funds as 
well. So reauthorizing the critical and frankly landmark 
programs of the Violence Against Women Act is really what we 
need to be doing.
    Senator Coons. I was glad this hearing began with a panel 
of three Republican Senators here testifying to the 
significance of VAWA and, in particular, Senator Ernst talking 
about her own experiences and now her engagement and advocacy.
    Let me ask a last question on this if I might. Many 
survivors of domestic violence struggle to find rental housing. 
Often, they have poor credit or employment or rental histories 
directly as a result of their abuse. How can Congress ensure 
survivors don't face needless barriers to accessing affordable 
housing, which is one of the main reasons those who are abused 
stay with their abusers is they don't see a path forward toward 
being able to house their family free from abuse?
    Deputy Attorney General Monaco. You're quite right, 
Senator. We need to make sure that there is a refuge, there is 
a safe haven, if you will, for people, women and their children 
oftentimes, fleeing an abuser. There needs to be a place for 
them to go. The transitional housing program that the Violence 
Against Women Act funds and has funded historically provides 
millions of housing nights a year for just that exact purpose, 
to give that safe haven. We need to reauthorize it and we need 
to increase the funding to it.
    Senator Coons. Thank you, Deputy Attorney General. Mr. 
Chairman, can I ask for 1 minute of forbearance?
    Chair Durbin. I guess. Yes. Of course.
    Senator Coons. The Senator who preceded me in questioning 
you accused the Attorney General and the administration of an 
unprecedented level of FBI harassment and intimidation of 
citizens at school board meetings. Is there any foundation to 
this?
    Deputy Attorney General Monaco. No, sir.
    Senator Coons. Just thought I'd give you a chance to answer 
that. Thank you, Mr. Chairman.
    Chair Durbin. Thank you, Senator Coons. Senator Tillis.
    Senator Tillis. Thank you, Mr. Chairman. Thank you for 
holding this hearing. Also thanks to Ranking Member Grassley. I 
look forward to us moving ahead and providing more resources 
and more support to families and victims of domestic violence. 
I think over the last 18 or 20 months COVID has not only taken 
lives as a result of the disease, but we've seen an increase in 
domestic violence and child abuse. It's very timely that we 
have this hearing and very important that we make progress.
    I want to talk, Ms. Monaco, about some of the plumbing that 
we should look at. You know, we installed the plumbing back in 
1994. We had a GAO report in 2012 that talked about the DOJ 
lacking visibility over the extent to which the programs 
overlap. I think in 2018 we had another Inspector General 
report that 42 percent of VAWA grants had not been closed on a 
timely basis.
    As we're looking ahead at maybe well-intentioned programs 
but maybe they need to repurposed, modernized, consolidated, do 
you have any thoughts about what we should focus on in terms of 
the plumbing of VAWA so that we can get maximum resources to 
those who need it and free it up to address and rural and other 
concerns that were expressed in the hearing today?
    Deputy Attorney General Monaco. Thanks very much, Senator. 
I think you're quite right to focus on the specifics of how we 
are making sure we're getting that funding out to the people 
who need it and how we make sure that we're using that--those 
dollars to their best effect. As you know, the Violence Against 
Women Act funds these critical programs. Then recipients of 
those grants have to file regular financial reports and reports 
on the services they are providing. The fact that I could tell 
Senator Whitehouse that there are two million transitional 
housing nights a year with those grant recipient fundings is 
because of those reports.
    I think we have to be exceptionally diligent in how we are 
monitoring the use of those funds, and I'm confident that we 
have the capability to do that. I'm also pleased that we have 
been able to get out the funds for the Violence Against Women 
Act for the Office of Violence Against Women's 2021 funding 
that would have expired on September 30th of this year had we 
not gotten it all out the door to the people who need it. We've 
been able to do that and nearly half a billion dollars in those 
funds as of September 30th.
    Senator Tillis. Thank you. The--I think as we go through 
this process it would be very important just to see how the 
administration of the program and the future oversight can be 
improved and modernized. We would appreciate that feedback.
    Deputy Attorney General Monaco. Happy to work with you, 
Senator, on that. I know this is an area of particular focus 
for you.
    Senator Tillis. Thank you. Also just kind of curious about 
DOJ audits on grantees and victims. Can you give me an update 
on the audit process and generally speaking how the outcomes--
or generally speaking to the outcomes?
    Deputy Attorney General Monaco. Senator, as I said, the 
VAWA programs themselves and the Office of Violence Against 
Women does require regular reporting on the use of the funds, 
how those funds are being distributed, what services are 
happening as a result. That's a very, very important part of 
the success of VAWA, being able to see where dollars are 
effective and add to those and, where they're not, to look at 
other innovative ways to expand and to provide services.
    Senator Tillis. What about things that could help us as we 
move forward with reauthorization and modernization in the area 
of best practices? I went to a facility that just recently 
opened in western North Carolina which is extraordinary. Their 
safe transition, their employment outcomes are--they have to be 
in the top quartile if not the top decile.
    How could we better understand programs that seem to be 
working and really try to set that bar high--everybody's trying 
to do good. I understand that. Some programs are clearly 
producing better results than others. What information can we 
get from the DOJ to really instruct us on the kinds of things 
that we believe are leading edge and making sure that our 
resources are going to the ones that are producing the best 
results?
    Deputy Attorney General Monaco. First, I'd say that I'd be 
happy to give you a more in-depth briefing about how we 
identify the best programs and best practices. I view it as the 
job of the Department of Justice to Office of Justice Programs, 
Violence Against Women Office, the COPS Office to basically be 
a force multiplier and an identifier of best practices to lift 
those up, see where great innovative work is being done in the 
States and local communities because that's what it's all 
about. The Federal Government absolutely doesn't have the best 
information on this. We need to identify the great work that is 
going on locally, fund it, and then expand it and give it a 
broader audience.
    Senator Tillis. Thank you very much. Thank you, Mr. Chair.
    Chair Durbin. Thanks, Senator Tillis. Before I recognize 
Senator Hirono, since it has been a recurring theme from some 
members about the memorandum that was issued yesterday by the 
Attorney General, I now have a copy of it in hand, as well as a 
press release from the Department of Justice, which without 
objection I'm going to enter into the record so everyone can 
read the actual words printed.
    It is worth noting that the opening of the memo is quote, 
``In recent months, there has been disturbing spike in 
harassment, intimidation, and threats of violence against 
school administrators, board members, teachers, staff who 
participate in the vital work of running our Nation's public 
schools.'' It goes on to--and with more specifics how the 
Attorney General is seeking to coordinate with local and State 
law enforcement for the protection of all school personnel. 
That is clearly the intent of this.
    Those who believe that somehow or another violence or 
something close to it is a valid use of constitutional right, I 
couldn't disagree more. There are many who describe the January 
6th occurrence here on the Capitol as just a visit by ordinary 
tourists. For those us who lived through it, we know better. 
Anyone who wants to characterize that as an ordinary 
constitutional process wasn't here and isn't being honest, 
whether they have said that publicly or outside cheering the 
group on. I want to make a record of that, and I'm going to add 
the press release as well from the Department of Justice which 
goes into more detail on the subject.
    [The information appears as a submission for the record.]
    Chair Durbin. Senator Hirono, thank you so much for your 
patience.
    Senator Hirono. Thank you, Mr. Chairman. Thank you for 
clarifying what's actually in the letter or memorandum that was 
issued by the Attorney General yesterday. It's always 
surprising to me that lawyers on this Committee don't seem to 
understand the legitimate exercise of First Amendment rights 
and people who are threatening violence, and, in fact, who 
engaged in assaults on people.
    You would think that we would all be able to come together 
to pass VAWA. I thank you, Ms. Monaco, for your testimony and 
your responses to the urgent need to reauthorize VAWA and at an 
increased level because the need is definitely there.
    One group that I wanted to call your attention to is that 
there is an unfortunately high instance of intimate partner 
violence within the Native Hawaiian community, which as an 
indigenous community parallel the high instances of domestic 
violence experienced by and exhibited within American Indian 
and Alaskan Native communities. As we move forward with 
combating domestic violence, I'd like to get your commitment to 
work with my office to address this disparity and better serve 
Native communities because we can do a far better job----
    Deputy Attorney General Monaco. I absolutely----
    Senator Hirono [continuing]. For these communities.
    Deputy Attorney General Monaco. I absolutely agree, 
Senator. It's one of the priorities I laid out in my opening 
testimony is exactly this, making sure that we are addressing 
the underserved to include----
    Senator Hirono. Yes.
    Deputy Attorney General Monaco [continuing]. Indigenous 
communities.
    Senator Hirono. Thank you. In particular, we need to fix 
VAWA to ensure that Native Hawaiian organizations are eligible 
for funding from the Office of Violence Against Women's Tribal 
Coalitions Program. I hope that you'll give your support to 
that change.
    There was some discussion already about how women in these 
situations often do not have options. Often, they will leave 
their job not because they're fired but because of domestic 
violence. We want to make sure that these victims and survivors 
have access to unemployment insurance benefits. I think that 
that is an important aspect of what we need to do with the VAWA 
reauthorization. Would you agree?
    Deputy Attorney General Monaco. Thank you, Senator. I know 
that the Office of Justice Programs is exploring how we can 
ensure that individuals have the assistance they need to kind 
of be a bridge to the services they need to get to.
    Senator Hirono. You know, so I think that we need to view 
UI benefits as more than just in the circumstances where 
someone loses a job or is fired. We know that protecting 
immigrant survivors of domestic violence, sexual assault, 
dating violence, and stalking is particularly a concern for the 
immigrant community. Can you talk about how important it is for 
VAWA to be there for all survivors and also how it's been able 
to assist immigrant victims of violence?
    Deputy Attorney General Monaco. I think what's really 
important, Senator, and you rightly point out that an 
individual shouldn't be kind of held hostage by their abuser 
and be able--they need to be able to seek immigration relief as 
it were on their own. I think some of that we'll see where the 
Senate bill--what that yields. I think it's something that we 
very much want to be supportive of making sure that an 
individual who--not have to rely on their abuser to file a 
petition for immigration status.
    Senator Hirono. Yes. I think immigrant women are 
particularly vulnerable, those who are undocumented. 
Immigration has become a very divisive issue, and it is really 
important that we continue to provide these protections and 
services for immigrant women and for undocumented women in 
VAWA. I'd ask for your continuous support in that. Mr. 
Chairman, those are the questions that I have for the moment.
    Chair Durbin. Thanks, Senator Hirono. Once again, thanks 
for your patience in waiting----
    Senator Hirono. Sure.
    Chair Durbin [continuing]. During this hearing. I want to 
thank Deputy Attorney General Monaco as well as Senators Ernst, 
Hyde-Smith, and Capito for joining us today.
    Statistics suggest that an average of nearly 20 people per 
minute are physically abused by an intimate partner in the 
United States. 20 per minute. That means that over the course 
of this hearing hundreds of Americans experienced domestic 
violence. With the passage of VAWA in 1994, we reduced 
incidents of domestic violence and significantly improved 
support services, but there's still much more to do.
    I couldn't start to list the number or names of the 
organizations that provide services in support to survivors of 
domestic violence and sexual assault. Many of them have 
submitted testimony for the record today. Without objection, 
their statements will be not only entered in the record but 
valued for their content.
    [The information appears as a submission for the record.]
    I look forward to introducing the Violence Against Women 
Act Reauthorization Act with Senators Ernst and Feinstein and 
many of our colleagues quickly. We want to move on this. We 
need to get this bill to a President who's anxious to receive 
it as well and sign into law for reauthorization. Welcome back 
to the Judiciary Committee, and I really value your presence 
and testimony today. The Committee will stand adjourned.

    Deputy Attorney General Monaco. Thank you, Mr. Chairman.
    [Whereupon, at 11:44 a.m., the hearing was adjourned.]
    [Addional material submitted for the record follows.]


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