[Congressional Record Volume 143, Number 53 (Tuesday, April 29, 1997)]
[Senate]
[Page S3802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 666. A bill to amend title 18, United States Code, with respect to 
States that do not give full faith and credit to the protective orders 
of other States; to the Committee on the Judiciary.


  FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS ISSUED IN OTHER STATES 
                              LEGISLATION

 Mr. LAUTENBERG. Mr. President, today I am introducing 
legislation that will help ensure that States live up to their 
responsibility to give full faith and credit to protective orders 
issued in other States.
  In the 1994 Crime Act, as part of the Violence Against Women Act, 
Congress passed a provision requiring states to enforce the protection 
orders issued in sister States.
  What this means, Mr. President, is that if a woman has secured a 
protective order against her husband in New Jersey, and then goes to 
Pennsylvania to stay with her parents and her husband follows her, 
Pennsylvania is obligated to enforce the New Jersey protective order.
  This is common sense, it will protect the lives and well-being of 
countless threatened women, and is the law. However, for some reason 
States have been disregarding their legal obligation to enforce these 
orders.
  Mr. President, it seems that the only way to get the States to live 
up to this obligation is to threaten some of their Federal funding.
  Accordingly, the bill I am introducing today allows the Attorney 
General to withhold 10 percent of all formula Byrne grant crime 
fighting funds given to a State if it is failing to enforce out-of-
State protective orders. Although I believe that these funds are an 
important crime prevention and crime fighting tool, it has become clear 
that there must be some mechanism to ensure that States live up to 
their responsibilities to victims of domestic abuse.
  Mr. President, violence against women is one of our country's most 
heinous and pressing crimes. Every 12 seconds a woman is battered. 
About 10 times more women are victimized annually by domestic violence 
than are diagnosed with breast cancer. These figures reflect only 
reported crimes--the actual incidence rates are even higher.
  According to the FBI, domestic violence is the single most common 
source of injury among women ages 15 to 44, more common than auto 
accidents, muggings, and rape by a stranger combined.
  Protective orders are an important device in combating domestic 
violence, and protecting women who have already been battered from 
further harm. But they are only effective if they are enforced.
  So, Mr. President, I hope my colleagues will support the bill, and 
ask unanimous consent that a copy of the legislation be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 666

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FULL FAITH AND CREDIT GIVEN TO PROTECTIVE ORDERS.

       Section 2265 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Formula Grant Reduction for Noncompliance.--
       ``(1) In general.--Beginning with the second fiscal year 
     commencing after the date of enactment of this subsection, 
     and in each fiscal year thereafter, if a State is not in 
     compliance with subsections (a) and (b), the Attorney General 
     shall reduce by 10 percent the amount that the State would 
     otherwise receive for that fiscal year under subpart 1 of 
     part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3751 et seq.).
       ``(2) Redistribution of amounts.--In any fiscal year, the 
     total amount remaining for distribution under subpart 1 of 
     part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3751 et seq.) by operation of 
     paragraph (1), shall be distributed on a pro rata basis among 
     States that--
       ``(A) are eligible to receive a grant under subpart 1 of 
     part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3751 et seq.); and
       ``(B) are in compliance with subsections (a) and (b) of 
     this section.''.

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