[Congressional Record Volume 151, Number 75 (Wednesday, June 8, 2005)]
[Senate]
[Pages S6229-S6232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Hatch, Mr. Specter, Mr. Leahy, Mr. 
        DeWine, Mr. Kohl, Mr. Grassley, Mr. Kennedy, Mrs. Boxer, Ms. 
        Stabenow, Mr. Schumer, and Mrs. Murray):
  S. 1197. A bill to reauthorize the Violence Against Women Act of 
1994; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I am pleased to announce today the 
introduction of the Biden/Hatch/Specter Violence Against Women Act of 
2005. Many in this chamber are well aware that I consider the Violence 
Against Women Act the single most significant legislation that I've 
crafted during my 32-year tenure in the Senate. This law is my baby, so 
to speak, and I take very seriously my responsibilities to ensure that 
it is adequately funded and renewed. What was once an infant statute 
seeking legitimacy in the public eye and in the halls of government is 
now a feisty ten-year law that has made its presence known from Long 
Beach, CA to Dover, DE. But in September 2005, the Act will expire. 
Congress and the President must act quickly in the next three months to 
renew the backbone of our country's fight to end domestic violence and 
sexual assault, the Violence Against Women Act. We simply cannot let 
the Act lapse or become buried in partisan bickering.
  The enactment of the Violence Against Women Act in 1994 was the 
beginning of a national and historic commitment to women and children 
victimized by domestic violence and sexual assault. Thus far, our 
commitment has yielded extraordinary progress. Since the Act's passage, 
domestic violence has dropped by almost 50 percent. Incidents of rape 
are down by 60 percent. The number of women killed by an abusive 
husband or boyfriend is down by 22 percent. More than half of all rape 
victims are stepping forward to report the crime. Over a million women 
have found justice in our courtrooms and obtained domestic violence 
protective orders.
  The Violence Against Women Act provides critical resources so that 
our communities may implement big and small improvements that can make 
all the difference in the world. For instance, in my home State of 
Delaware,

[[Page S6230]]

the Act's rural grant program helped the Delaware State Police 
establish fully-equipped, dedicated domestic violence units in two 
counties. The STOP program provided a Hispanic shelter with funding to 
purchase a van to pick up battered women and their children who have 
nowhere else to turn.
  Today, we uphold our commitment to America's families. Despite the 
incredible strides made, far too many women remain afraid to go home or 
afraid to tell anyone about the rape that happened at last night's 
party. We cannot let the Violence Against Women Act become a victim of 
its own success. Instead, we need to usher the Act into the 21st 
century and implement it with the next generation--recent police 
academy graduates who want to be trained on handling family violence, 
newly elected State legislators who want to update State laws on sexual 
assault, and the next generation of children who must be taught that 
abuse will not be tolerated.
  Today's achievement--introduction of a bipartisan, compromise bill 
that both reinvigorates existing programs and creates bold initiatives 
to tackle new issues--has been a year in the making. As I drafted this 
next iteration of the Violence Against Women Act, I listened closely to 
the recommendations of those on the front lines to end the violence--
police, emergency room nurses, victim advocates, shelter directors, and 
prosecutors--and made targeted improvements to existing grant programs 
and tightened up criminal laws. A wide variety of groups worked hard 
with Senator Specter, Senator Hatch and I to create this bill, 
including the National Coalition Against Domestic Violence, the 
National Network to End Domestic Violence, the Family Violence 
Prevention Fund, Legal Momentum, the National Alliance to End Sexual 
Violence, the National Center for Victims for Crime, the American Bar 
Association, the National District Attorneys Association, the National 
Council on Family and Juvenile Court Judges, the National Association 
of Chiefs of Police, the National Sheriffs' Association and many 
others.

  Before previewing the particulars of today's bill, I want to explain 
a few of my principles guiding the drafting of the Violence Against 
Women Act of 2005. First, I remain dedicated to the cornerstone 
programs in the Act such as the STOP grant program, the Rural Grant 
program and the National Domestic Violence Hotline. These are 
enormously successful initiatives that are the scaffolding of the Act. 
These foundations must be strengthened, not neglected.
  Second, ending domestic violence and sexual assault has, and will 
continue to cost money. This is simply not a goal that can be 
accomplished on the cheap. Our success in ending family violence is not 
a signal to reduce funding; rather the opposite is so. We can't afford 
to lose the gains that we have made. We've found a winning combination, 
and Congress should continue to spend its money so effectively.
  Third, today's bill is an ambitious, but reasoned, effort to solve 
the next level of challenges for battered women and their children. 
We've made tremendous strides in treating domestic violence and sexual 
assaults as public crimes with accountable offenders and creating 
coordinated community responses to help victims. Our next task is to 
look beyond the immediate crisis and provide long-term solutions for 
victims, as well as redouble our prevention efforts. Therefore, this 
bill includes important efforts to ease the housing crisis for victims 
fleeing their homes, provide more economic security for victims by 
preserving their employment stability, engage boys and men in 
initiatives to prevent domestic violence from occurring in the first 
place, and enlist the healthcare community in identifying and treating 
victims.
  My final principle is that ending violence against women is truly a 
shared goal--one that is held by Democrats and Republicans, one that is 
upheld by men and women, and one that is desired by both government and 
by the private sector. The continued success of the Violence Against 
Women Act depends upon bipartisanship commitment.
  Today's bill includes the following components. Title I on the 
criminal justice system includes provisions to: 1. Renew and increase 
funding to over $400 million a year for existing fundamental grant 
programs for law enforcement, lawyers, judges and advocates; 2. stiffen 
existing criminal penalties for repeat Federal domestic violence 
offenders; and 3. update the criminal law on stalking to incorporate 
new surveillance technology like Global Positioning Systems (GPS).
  Title II on critical victim services will: 1. Create a new, dedicated 
grant program for sexual assault victims that will strengthen the 1,300 
rape crisis centers across the country; 2. reinvigorate programs to 
help older and disabled victims of domestic violence; 3. strengthen 
existing programs for rural victims and victims in underserved areas; 
and 4. increase funding to $5 million annually for the National 
Domestic Violence Hotline.
  Reports indicate that up to ten million children experience domestic 
violence in their homes each year. Experts agree that domestic violence 
affects children in multiple, complicated and long-lasting ways. Every 
risk, every injury, and every disruption that a battered woman endures 
is one that her children experiences as well. The complex impact of 
domestic violence--fear for one's safety at home, depression, loss of 
income, moving from the family home, school disruptions and grieving 
for a father--are complicated and traumatic for children. Treating 
children who witness domestic violence, dealing effectively with 
violent teenage relationships and teaching prevention strategies to 
children are keys to ending the violence. Title III includes measures 
to: 1. Promote collaboration between domestic violence experts and 
child welfare agencies; and 2. enhance to $15 million a year, grants to 
reduce violence against women on college campuses. Title IV focuses on 
prevention strategies and includes programs supporting home visitations 
and specifically engaging men and boys in efforts to end domestic and 
sexual violence.
  Doctors and nurses, like police officers on the beat, are often the 
first witnesses of the devastating aftermath of abuse. As first 
responders, they must be fully engaged in the effort to end the 
violence and possess the tools they need to faithfully screen, treat, 
and study family violence. Title V strengthens the health care system's 
response to family violence with programs to train and educate health 
care professionals on domestic and sexual violence, foster family 
violence screening for patients, and more studies on the health 
ramifications of family violence.
  In some instances, women face the untenable choice of returning to 
their abuser or becoming homeless. Indeed, 44 percent of the Nation's 
mayors identified domestic violence as a primary cause of homelessness. 
Efforts to ease the housing problems for battered women are contained 
in Title VI, including: 1. Collaborative grant programs between 
domestic violence organizations and housing providers; 2. programs to 
combat family violence in public and assisted housing; and 3. 
enhancements to transitional housing resources.
  Leaving a violent partner often requires battered women to achieve a 
level of economic security. Title VII seeks to help abused women 
maintain secure employment by permitting battered women to take limited 
employment leave to address domestic violence, such as attend court 
proceedings, or move to a shelter. This is an issue long championed by 
the late Senator Wellstone and Senator Murray, and I glad that we are 
able to include this provision in today's bill.
  Despite the historic immigration law changes made in the Violence 
Against Women Act of 2000 that opened new and safe routes to 
immigration status, battered immigrant women often have a very 
difficult time escaping abuse because of immigration laws, language 
barriers, and social isolation. Title VIII's immigration provisions go 
a long way toward wresting immigration control away from the batterer 
and pave the way for the victim to leave a violent home. In addition, 
it would ensure that victims of trafficking are supported with measures 
such as permitting their families to join them in certain 
circumstances, expanding the duration of a T-visa, and providing 
resources to victims who assist in investigations or prosecutions of 
trafficking cases brought by State or Federal authorities.

[[Page S6231]]

  In an effort to focus more closely on violence against Indian women, 
Title IX creates a new tribal Deputy Director in the Office on Violence 
Against Women dedicated to coordinating Federal tribal policy. In 
addition, Title IX authorizes tribal governments to access and upload 
domestic violence and protection order data on criminal databases, as 
well as create tribal sex offender registries.
  I am proud to introduce with Senators Hatch and Specter this 
comprehensive bill to reauthorize the Violence Against Women Act. I 
want to thank Senator Hatch, a longstanding champion on this issue, for 
diligently working on this bill with Senator Specter and me. Since 
1990, Senator Hatch and I have worked together to end family violence 
in this country, so it is no great surprise that once again he worked 
side-by-side with us to craft today's bill. I am also deeply indebted 
to Senator Kennedy for his unwavering commitment to battered immigrant 
women and his work on the bill's immigration provisions. I also thank 
Senator Leahy who has long-supported the Violence Against Women Act and 
in particular, has worked on the rural programs and transitional 
housing provisions. Finally, I thank my very good friend from 
Pennsylvania for his commitment and leadership on this bill. It is a 
pleasure to work with Senator Specter. I know that he will adeptly and 
expeditiously move the Violence Against Women Act through his 
Committee.
  In closing, I urge my colleagues to review today's Violence Against 
Women Act of 2005 and add their support. I understand that there are 
other proposals that should be considered before the full Senate 
debates this legislation. Refinements will certainly be made to improve 
what is currently in this bill. I welcome any suggestions that you may 
have, and look forward to coming back to the floor to urge final 
passage of the Violence Against Women Act of 2005.
  Mr. LEAHY. Mr. President, I am proud to join Senators Biden, Hatch, 
Specter and other cosponsors to introduce today the bipartisan VAWA, 
the Violence Against Women Act of 2005.
  Our Nation has made remarkable progress over the past 25 years in 
recognizing that domestic violence and sexual assault are crimes, 
providing legal remedies, social supports and coordinated community 
responses. Millions of women, men, children and families, however, 
continue to be traumatized by abuse, leading to increased rates of 
crime, violence and suffering.
  I witnessed the devastating effects of domestic violence early in my 
career as the Vermont State's Attorney for Chittenden County. Violence 
and abuse affect people of all walks of life every day and regardless 
of gender, race, culture, age, class or sexuality. Such violence is a 
crime and it is always wrong, whether the abuser is a family member, 
someone the victim is dating, a current or past spouse, boyfriend, or 
girlfriend, an acquaintance or a stranger.
  The National Crime Victimization Survey estimates there were 691,710 
non-fatal, violent incidents committed against victims by current and 
former spouses, boyfriends or girlfriends now termed intimate partners 
by DOJ--during 2001. Eight-five percent of those incidents were against 
women. The rate of non-fatal intimate partner violence against women 
has fallen steadily since 1993, when the rate was 9.8 incidents per 
1,000 people. In 2001, the number fell to 5.0 incidents per 1,000 
people, nearly a 50 percent reduction. Tragically, however, the survey 
found that 1,600 women were killed in 1976 by a current or former 
spouse or boyfriend, while in 2000 some 1,247 women were killed by 
their intimate partners.
  VAWA became law in 1994 and was reauthorized in 2000. It has provided 
aid to law enforcement officers and prosecutors, encouraged arrest 
policies, stemmed domestic violence and child abuse, established 
training programs for victim advocates and counselors, and trained 
probation and parole officers who work with released sex offenders. 
This Congress we have the opportunity to reauthorize VAWA and make 
improvements to vital core programs, tighten criminal penalties against 
domestic abusers, and create new solutions to challenges in other 
crucial aspects of domestic violence and sexual assault, such as 
treating children victims of violence, augmenting health care for rape 
victims, holding repeat offenders and Internet stalkers accountable, 
and helping domestic violence victims keep their jobs.
  I am particularly proud to note that included in VAWA 2005 are 
reauthorizations for two programs that I authored. In a small, rural 
Sate like Vermont, our county and local law enforcement agencies rely 
on cooperative, interagency efforts to combat and solve significant 
problems. That is why I authored the Rural Domestic Violence and Child 
Victimization Enforcement Grant Program as part of the original VAWA. 
This program helps services available to rural victims and children by 
encouraging community involvement in developing a coordinated response 
to combat domestic violence, dating violence and child abuse. Adequate 
resources combined with sustained commitment will bring about 
significant improvements in rural areas to the lives of those 
victimized by domestic and sexual violence.
  The Rural Grants Program section of VAWA 2005 reauthorizes and 
expands the existing education, training and services grant programs 
that address violence against women in rural areas. This provision 
renews the rural VAWA program, extends direct grants to state and local 
governments for services in rural areas and expands areas to include 
community collaboration projects in rural areas and the creation or 
expansion of additional victim services. This provision includes new 
language that expands the program coverage to sexual assault, child 
sexual assault and stalking. It also expands eligibility from rural 
states to rural communities, increasing access to rural sections of 
otherwise highly populated states. This section authorizes $55,000,000 
annually for 2006 through 2010, which is an increase of $15 million per 
year.
  The second grant program I authored that is included in VAWA 2005 is 
the Transitional Housing Assistance Grants for Victims of Domestic 
Violence, Dating Violence, Sexual Assault or Stalking. This program, 
which became law as part of the Prosecutorial Remedies and Other Tools 
to End the Exploitation of Children Today, the PROTECT Act of 2003, 
authorizes grants for transitional housing and related services for 
people fleeing domestic violence, sexual assault or stalkers. At a time 
when the availability of affordable housing has sunk to record lows, 
transitional housing for victims is especially needed. Today more than 
50 percent of homeless individuals are women and children fleeing 
domestic violence. We have a clear problem that is in dire need of a 
solution. I want this program to be part of the solution.
  Transitional housing allows women to bridge the gap between leaving 
violence in their homes and becoming self-sufficient. VAWA 2005 amends 
the existing transitional housing program administered by the Office on 
Violence Against Women in the Department of Justice. This section 
expands the current direct-assistance grants to include funds for 
operational, capital and renovation costs. Other changes include 
providing services to victims of dating violence, sexual assault and 
stalking; extending the length of time for receipt of benefits to match 
that used by Housing and Urban Development transitional housing 
programs; and updating the existing program to reflect the concerns of 
the service provision community. The provision would increase the 
authorized funding for the grant from $30,000,000 to $40,000,000.
  Now it is time to strengthen the prevention of violence against women 
and children and its devastating costs and consequences. This 
legislation goes beyond simple words of recognition and efforts to 
increase awareness of the problem of violence to save the lives of 
battered women, rape victims and children who grow up with violence. I 
look forward to working further with fellow Senators on VAWA 2005 and I 
urge the Senate to take prompt action on this legislation.
  Mr. KENNEDY. Mr. President, I strongly support the Violence Against 
Women Act of 2005, and I commend Senator Biden, Senator Specter, and 
Senator Hatch for their bipartisan leadership on these major issues.
  Violence against women is a very real and very serious continuing 
problem in the United States. The statistics are shocking.
  Every 15 seconds, somewhere in America, a woman is battered, usually 
by her intimate partner.
  Every 90 seconds, somewhere in America, someone is sexually 
assaulted.
  On average, three women are murdered by their husbands or boyfriends 
in America every day.
  One out of every six American women have been the victims of a rape 
in their lifetime.

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  These statistics are not just numbers. These violent acts are 
happening to mothers, sisters, daughters, and friends. We cannot 
tolerate this violence in our communities.
  In 1994, Congress allocated funds to initiate efforts to prevent 
violence against women and families. The programs established under the 
Violence Against Women Act, and later expanded and reauthorized in 
2000, have worked, and so will this legislation, because it takes 
needed additional steps to prevent such violence. It enhances law 
enforcement and judicial procedures to combat violence against women, 
and it also reinvigorates programs to help older and disabled victims 
of domestic violence.
  Forty-four percent of the Nation's mayors identified domestic 
violence as a primary cause of homelessness. This bill eases housing 
problems for battered women.
  Victims of domestic violence need time off from work to obtain 
medical attention, counseling, and other support. This bill will 
provide that flexibility.
  Doctors, nurses, and other health professionals are often the first 
responders for treating the injuries women suffer from domestic and 
sexual violence. It is essential for those who help them to be able to 
respond effectively and compassionately. When health providers screen 
for domestic violence and follow up on such cases, women are more 
likely to be safer over the long term. This bill includes new funds for 
training health professionals to recognize and respond to domestic and 
sexual violence, and to enable public health officials to recognize the 
need as well. The research funds provided by this bill are vital 
because we need the best possible interventions in health care settings 
to prevent future violence and help the victims.
  Violence against women can occur throughout women's lives, beginning 
in childhood, continuing in adolescence, and in numerous contexts and 
settings. It is important for any bill on such violence to focus on 
girls and young women as well, and this bill does that.
  In 1994, we included an important innovative provision in the bill to 
fund a National Domestic Violence Hotline. When the hotline opened in 
February 1996, victims of domestic violence across the nation finally 
had help available toll-free, 24 hours a day, 365 days a year. This 
legislation increases funding for that very important support.
  Another important section of the bill provides greater help to 
immigrant victims of domestic violence, sexual assault, trafficking and 
similar offenses. This section builds on the current Act and is 
designed to remove the obstacles in immigration laws that prevent such 
victims from safely fleeing the violence in their lives, and to dispel 
the fear that often prevents them from prosecuting their abusers.
  Eliminating domestic violence is especially challenging in immigrant 
communities, where victims often face additional cultural, linguistic 
and immigration barriers to seeking safety. Abusers of immigrant 
spouses or children are liable to use threats of deportation against 
them, trapping them in endless years of violence. Many of us have heard 
horrific stories of violence in cases where the threat of deportation 
was used against immigrant spouses and children--``If you leave me, 
I'll report you to the immigration authorities, and you'll never see 
the children again.'' Or the abuser says, ``If you tell the police what 
I did, I'll have immigration deport you.''
  Congress has made significant progress in enacting protections for 
these immigrant victims, but there are still many women and children 
whose lives are in danger. Our bill extends immigration relief to all 
victims of family violence, including victims of elder abuse, incest 
and stalking. It ensures economic security for immigrant victims and 
their children by providing work authorization for victims with valid 
immigration cases. It makes it easier for victims of trafficking to 
obtain federal benefits if they assist in the investigation or 
prosecution of trafficking crimes.
  I commend the sponsors of this legislation for working with us on 
this issue and for making domestic violence in immigrant communities an 
important priority in our overall effort to combat violence against 
women.
  We have a responsibility in Congress to do all we can to eradicate 
domestic violence. Our bill gives the safety of women and their 
families the high priority it deserves, and I urge my colleagues to 
support it.
                                 ______