[Congressional Record Volume 158, Number 58 (Monday, April 23, 2012)]
[Senate]
[Pages S2592-S2594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to a period of morning business with Senators permitted to 
speak for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, today marks the beginning of the 31st 
annual National Crime Victims' Rights Week. It is a time to recognize 
the losses faced by victims of crimes and their families and to 
acknowledge the efforts being made to help them recover and rebuild 
their lives in the wake of tragedy. It is a time to reflect on all we 
have accomplished and focus on what we have to yet do to help victims.
  Of course, one of the best tools for delivering that help is the 
Crime Victims Fund. Unfortunately, in recent months, some have sought 
to violate the Victims of Crime Act. They want to take money out of the 
trust fund for purposes and programs not authorized by the Victims of 
Crime Act. I have worked with Senators from both sides of the aisle. We 
have been able to stop this raid on crime victims' funding. I wish to 
commend Senators Mikulski and Hutchison, the chair and ranking member 
of the Subcommittee on Commerce, Justice, Science of the Committee on 
Appropriations for their important efforts in this regard in the 
appropriations bill we reported to the Senate last week.
  The Senate Appropriations Committee, on which I serve, has reported a 
bill that preserves the Crime Victims Fund, and we succeeded in 
increasing the funding next year for victims' compensation and 
assistance to $775 million. To be able to increase Federal assistance 
by $70 million from last year's cap is extraordinary in these economic 
times, and it is an indication here in the Senate of our commitment to 
crime victims. This is a matter on which I have worked with Senator 
Crapo as well as Senator Mikulski over the years. I appreciate their 
leadership in this effort.
  The Crime Victims Fund is not taxpayers' money. It comes from 
penalties and fines. It comes from wrongdoers. We designed it to help 
victims of crime. We created it as a trust fund for crime victims' 
needs and services. I have tried to respect the trust fund and to 
protect it, to ensure that it is used and available for crime victims 
and their families who depend on its support in times of need. We all 
know the States are being forced to tighten their belts, and when they 
do, victims' services are being cut all over the country. Without the 
Federal assistance from this trust fund, victims' compensation programs 
and victims' assistance programs and services will be unavailable to 
many.
  Another important law that strengthens crime victims' rights and 
improves crime victims' services is currently pending before the 
Judiciary Committee. The Justice For All Reauthorization Act 
strengthens the rights guaranteed to crime victims in the criminal 
justice process and ensures that basic services, like the rapid testing 
of rape kits, help victims receive the justice, safety, and closure 
they deserve. I look forward to working with Senators from both sides 
of the aisle to move that legislation forward as well.
  Currently pending before the Senate is the majority leader's motion 
to proceed against the Violence Against Women's Act, S. 1925. I 
introduced this legislation with Senator Crapo last year. We have 61 
bipartisan cosponsors from both parties. When we enacted the Violence 
Against Women Act nearly 18 years ago, it sent a powerful message that 
we will not tolerate crime against women and forever altered the way 
our Nation combats domestic and sexual violence. Our legislation offers 
support to the victims of these terrible crimes and helps them find 
safety and rebuild their lives. The bill we will debate this week is 
based on the recommendations of victims and the tireless professionals 
who work with them every day.
  April is also Sexual Assault Awareness Month and our bill takes the 
important step of focusing increased attention on sexual assaults, 
including those against the most vulnerable among us.
  As I listened to Senator Murray, Senator Feinstein, Senator Shaheen, 
and Senator Gillibrand--and, as a matter of fact, I spoke with Senator 
Hagan last week about the pending motion to proceed to the VAWA 
reauthorization legislation--I thought how fortunate we all are to 
serve with them and with Senators Mikulski, Boxer, Snowe, Landrieu, 
Collins, Stabenow, Cantwell, Murkowski, McCaskill, Klobuchar, and 
Ayotte. In fact, 16 women senators are cosponsors of our Violence 
Against Women Reauthorization Act, and their input has strengthened 
this critical legislation. I appreciate their strong bipartisan support 
for this measure and their willingness to speak out time and again on 
the need to pass this bill without delay.
  We recently honored the senior Senator from Maryland for her services 
as the longest-serving woman Senator and as the woman who has also 
served the longest in Congress. I can remember back before 1993, when 
Senator Carol Mosely Braun became the first woman to serve as a member 
of the Senate Judiciary Committee. We are fortunate now to have both 
Senator Feinstein and Senator Klobuchar as active members of our 
Committee.
  I remember when nine women Senators joined together to contribute to 
the book ``Nine and Counting'' about their paths to the U.S. Senate. 
These women have served as role models for many other young women and 
young girls. Even as Senator Clinton has gone on to become our 
Secretary of State, there have been other changes. Six of the nine 
Senators who were subjects of the book in 2001 still serve in this 
institution today. They have been joined by nine additional women 
Senators from around the country. This book, ``Nine and Counting,'' was 
a title for looking to the future. Today, 17 women serve in the U.S. 
Senate. That is a great step forward. They have farther to go, of 
course, but it is a lot better than when I came to the Senate when we 
had no women serving. Sixteen of them have joined from both sides of 
the aisle to bring their leadership and their strong support, but also 
their experience, to the Violence Against Women Reauthorization Act.
  Our bill includes a number of provisions they have championed and 
suggested. To will give one example, our bill includes the provisions 
that Senator Klobuchar and Senator Hutchison suggested and introduced 
as the Stalkers Act of 2011. That provision is new to VAWA. It would 
not have been included if we had simply introduced a one-sentence 
reauthorization of VAWA rather than a comprehensive bill. I thought it 
was a good provision, intended to update the Federal antistalking 
statute to capture the

[[Page S2593]]

more modern forms of communication that perpetrators use to stalk their 
victims.
  In the spirit of National Crime Victims' Rights Week, our 
reauthorization bill takes steps to recognize victims' needs that are 
not being served and find ways to help them. That approach is not 
radical or extreme. The fact that the bill reaches more victims should 
not be a basis for partisan division; it is something we ought to 
celebrate. I have said on the floor before, a victim is a victim is a 
victim.
  In my earlier career I would go to a crime scene at 3 o'clock in the 
morning with the police, as the chief law enforcement officer of our 
county. We might have a badly battered woman--if she survived; 
sometimes the victim did not survive--but I never heard the police say, 
``Well, if we are going to do something on this, we have to figure out 
whether this victim is a Democrat or a Republican, or we have to figure 
out whether this victim is gay or straight, or we have to figure 
out''-- no. They said, ``For this victim, let us find out who did this 
and let's get them and let's see what we can do,'' or if the victim is 
still alive, what we could do to protect the victim. That is what the 
Violence Against Women Act has always done and what I have tried to do 
for crime victims for many years.

  As we have done on every VAWA reauthorization bill, we have learned 
from past experience how to make it better and now we make it better by 
taking responsible and moderate steps, in this case to protect 
immigrant and native women, and ensuring services to victims regardless 
of sexual orientation or gender identity, again under the mantra ``a 
victim is a victim is a victim.''
  At the same time, we recognize the difficult economic times and the 
need to ensure that taxpayer dollars are being spent responsibly. That 
is why the bill consolidates 13 programs into 4 in an effort to reduce 
duplication and bureaucratic barriers. It cuts the authorization level 
for VAWA by more than $135 million a year, a decrease of nearly 20 
percent from the last reauthorization. We will still provide sufficient 
authority to fund VAWA programs at over $400 million a year, which is 
consistent with the funding level provided in the appropriations bill 
for the coming year. Our legislation also includes significant 
accountability provisions, including audit requirements, enforcement 
mechanisms, and restrictions on grantees and costs.
  Since its introduction last November, more than 700 State and 
national organizations have written to endorse the Violence Against 
Women Reauthorization Act. They are 200 national organizations, 
including 500 State and local organizations--the National Task Force to 
End Sexual and Domestic Violence, the National Association of Attorneys 
General, the National District Attorneys' Association, the National 
Sheriffs' Association, the International Association of Chiefs of 
Police, the Federal Law Enforcement Officers Association, and 25 
national religious organizations. Last week, the mayors of three of the 
Nation's largest cities--New York, Chicago, and Los Angeles--wrote to 
the Senate urging us to pass the VAWA reauthorization. We have heard 
from 47 State attorneys general, Republican and Democratic alike, 
urging Senate passage of this legislation. That is because they 
recognize this Federal law is meaningful and that this reauthorization 
addresses the ongoing, unmet needs of victims in their States.
  I ask unanimous consent that at the conclusion of my remarks these 
letters be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEAHY. In fact, today I was advised by Bruce Cohen in my office 
that we have received the statement of administrative position. It is a 
very strong statement from the White House, and it is a strong 
statement in support of the Violence Against Women Reauthorization Act. 
I ask unanimous consent that it be printed in the Record at the 
conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 2.)
  Mr. LEAHY. I am glad we are finally moving to this.
  The last two reauthorizations, each one an improvement on the one 
before, passed this body unanimously. We should do the same. It is not 
a partisan issue. I ask other Senators, if they haven't spoken with 
victims of abuse, to speak to those who are; talk to the police chiefs; 
talk to the people who have to deal with this; talk to the people who 
have survived some of these horrendous attacks. Ask them if they think 
this is needed. Ask those who have been protected from further abuse 
because of the steps we have taken in the Violence Against Women Act--
ask them if we need it.
  The Presiding Officer and the other 98 Senators come in this building 
and we are protected by one of the finest police forces that exists, 
the Capitol Hill Police force. We don't have to worry; nobody is going 
to attack us. In the Presiding Officer's State and my State and all of 
the other States, unfortunately, thousands of people cannot rest easily 
that way. They know their attacker and often they know their attacker 
is waiting to do it again. We can easily stand up and say here in the 
Senate: No, we won't stand for this violence against women. Let's take 
the steps that we can take, the men and women in this body. Let's take 
the steps we can take to stop the violence.

                               Exhibit 1

                                                   April 19, 2012.
     Hon. Harry Reid
     Majority Leader, U.S. Senate, Hart Senate Office Building, 
         Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate, Russell Senate Office Building, 
         Washington, DC.
       Dear Majority Leader Reid and Minority Leader McConnell: As 
     mayors who collectively represent over seven and a half 
     million women, we believe it is imperative that the Senate 
     pass S. 1925, the Violence Against Women Reauthorization Act 
     of 2011. Despite considerable progress over the past two 
     decades in addressing the epidemic of violence against women, 
     we recognize that much more needs to be done and that this 
     legislation will strengthen our national commitment to 
     tackling the challenges that remain.
       Since 1994, the Violence Against Women Act (VAWA) has 
     provided a comprehensive, coordinated, and community-based 
     approach toward reducing domestic violence, sexual assault, 
     stalking, and other forms of violence. Over the past two 
     decades, its programs and services have provided lifesaving 
     assistance to hundreds of thousands of victims. Through 
     victim support programs, local and state funding assistance, 
     and the U Visa program, VAWA has strengthened the ability of 
     the criminal justice system to investigate and prosecute 
     crimes and hold violent perpetrators accountable. These 
     efforts have contributed to dramatic reductions in the 
     incidence and impact of violence against women, including an 
     over 50 percent decline in the annual rate of domestic 
     violence. As we seek to make further progress, we believe it 
     is essential that we provide services to victims regardless 
     of their gender, race, language, Immigration status, or 
     sexual orientation.
       As mayors, we have seen the tremendous positive impact of 
     the Violence Against Women Act in our communities. In New 
     York, VAWA funding has helped open three Family Justice 
     Centers, which are one-stop domestic violence centers with 
     staff from government agencies and nonprofit organizations to 
     assist victims of domestic violence. In Los Angeles, VAWA 
     funding has also helped expand its Domestic Abuse Response 
     Team--a collaborative effort between law enforcement officers 
     and victim advocates to respond to domestic violence calls at 
     the scene of the crime and provide crisis intervention. The 
     Chicago Police Department uses its funding to train staff to 
     assist victims of domestic abuse in an effort to provide the 
     best resources to these victims. These are just a few 
     examples of the vital services and assistance that this 
     landmark law has enabled communities all over the country to 
     provide to combat this terrible problem.
       Despite the progress that has been made, much more needs to 
     be done. Still today, nearly one in five women have been 
     sexually assaulted or raped in their lifetime, and 45 percent 
     of the women killed in the United States die at the hands of 
     an intimate partner. This level of violence is simply 
     unacceptable. We believe that S. 1925--like the 2000 and 2005 
     reauthorizations that preceded it--will help us better 
     address continuing problems and remaining unmet needs. This 
     legislation will expand services to immigrant and lesbian, 
     gay, and transgendered communities, who not only experience 
     the highest rates of violence but often have the most 
     difficulty in accessing services. in recognition of the 
     persistent problem of sexual violence, S. 1925 also will 
     strengthen the capacity of local, state, and federal law 
     enforcement to investigate and prosecute these crimes. While 
     these tools will be essential in

[[Page S2594]]

     achieving justice, they are also a reminder of the wide 
     impact that domestic violence has on the community at large 
     including law enforcement. In each of our cities, police 
     officers have been injured or murdered while responding to 
     domestic violence incidents.
       For these reasons, we believe that it is critical that the 
     Senate move quickly to take up and pass S. 1925 in order to 
     strengthen our national commitment to all victims of domestic 
     violence.
           Sincerely,
     Rahm Emanuel,
       Mayor, City of Chicago.
     Antonio R. Villaraigosa,
       Mayor, City of Los Angeles.
     Michael R. Bloomberg,
       Mayor, City of New York.
                                  ____

                                              National Association


                                         of Attorneys General,

                                 Washington, DC, January 11, 2012.
       Dear Members of Congress, Since its passage in 1994, the 
     Violence Against Women Act (``VAWA'') has shined a bright 
     light on domestic violence, bringing the issue out of the 
     shadows and into the forefront of our efforts to protect 
     women and families. VAWA transformed the response to domestic 
     violence at the local, state and federal level. Its successes 
     have been dramatic, with the annual incidence of domestic 
     violence falling by more than 50 percent.
       Even though the advancements made since in 1994 have been 
     significant, a tremendous amount of work remains and we 
     believe it is critical that the Congress reauthorize VAWA. 
     Every day in this country, abusive husbands or partners kill 
     three women, and for every victim killed, there are nine more 
     who narrowly escape that fate. We see this realized in our 
     home states every day. Earlier this year in Delaware, three 
     children--ages 12, 2\1/2\ and 1\1/2\--watched their mother be 
     beaten to death by her ex-boyfriend on a sidewalk. In Maine 
     last summer, an abusive husband subject to a protective order 
     murdered his wife and two young children before taking his 
     own life.
       Reauthorizing VAWA will send a clear message that this 
     country does not tolerate violence against women and show 
     Congress' commitment to reducing domestic violence, 
     protecting women from sexual assault and securing justice for 
     victims.
       VAWA reauthorization will continue critical support for 
     victim services and target three key areas where data shows 
     we must focus our efforts in order to have the greatest 
     impact:
       Domestic violence, dating violence, and sexual assault are 
     most prevalent among young women aged 16 24, with studies 
     showing that youth attitudes are still largely tolerant of 
     violence, and that women abused in adolescence are more 
     likely to be abused again as adults. VAWA reauthorization 
     will help us break that cycle by consolidating and 
     strengthening programs aimed at both prevention and 
     intervention, with a particular emphasis on more effectively 
     engaging men and local community-based resources in the 
     process.
       A woman who has been sexually assaulted can be subjected to 
     further distress when the healthcare, law enforcement, and 
     legal response to her attack is not coordinated and 
     productive. Whether it is a first responder without adequate 
     training, a rape kit that goes unprocessed for lack of 
     funding, or a phone call between a crisis counselor and a 
     prosecutor that never takes place, sexual assault victims 
     deserve better. We must develop and implement best practices, 
     training, and communication tools across disciplines in order 
     to effectively prosecute and punish perpetrators, as well as 
     help victims heal and rebuild their lives.
       There is a growing consensus among practitioners and 
     researchers that domestic violence homicides are predictable 
     and, therefore, often preventable. We can save the lives of 
     untold numbers of potential homicide victims with better 
     training for advocates, law enforcement, and others who 
     interact with victims to recognize the warning signs and 
     react meaningfully.
       The fight to protect women from violence is one that never 
     ends. It is not a year-to-year issue, which is why we think 
     it is critical that Congress reauthorize the Violence Against 
     Women Act. We know a great deal more about domestic violence, 
     dating violence, sexual assault and stalking than we did 17 
     years ago. Reauthorizing VAWA will allow us to build on those 
     lessons and continue to make progress and save lives.
       VAWA was last reauthorized in 2006 and time is of the 
     essence for reauthorization of this important law. We urge 
     Congress to take on this critical mission and reauthorize 
     VAWA.
       Thank you.
           Sincerely,
       Joseph R. ``Beau'' Biden III, Delaware Attorney General; 
     Arthur Ripley Jr., American Samoa Attorney General; Dustin 
     McDaniel, Arkansas Attorney General; John W. Suthers, 
     Colorado Attorney General; Irvin Nathan, Washington DC 
     Attorney General; William J. Schneider, Maine Attorney 
     General; Tom Horne, Arizona Attorney General; Kamala Harris, 
     California Attorney General; George Jepsen, Connecticut 
     Attorney General; Pam Bondi, Florida Attorney General; Sam 
     Olens, Georgia Attorney General; David Louie, Hawaii Attorney 
     General; Lisa Madigan, Illinois Attorney General; Tom Miller, 
     Iowa Attorney General; Jack Conway, Kentucky Attorney 
     General.
       Douglas F. Gansler, Maryland Attorney General; Bill 
     Schuette, Michigan Attorney General; Jim Hood, Mississippi 
     Attorney General; Steve Bullock, Montana Attorney General; 
     Catherine Cortez Masto, Nevada Attorney General; Jeffrey 
     Chiesa, New Jersey Attorney General; Lenny Rapadas, Guam 
     Attorney General; Lawence Wasden, Idaho Attorney General; 
     Greg Zoeller, Indiana Attorney General; Derek Schmidt, Kansas 
     Attorney General; James ``Buddy'' Caldwell, Louisiana 
     Attorney General; Martha Coakley, Massachusetts Attorney 
     General; Lori Swanson, Minnesota Attorney General; Chris 
     Koster, Missouri Attorney General; Jon Bruning, Nebraska 
     Attorney General; Michael Delaney, New Hampshire Attorney 
     General; Gary King, New Mexico Attorney General.
       Eric Schneiderman, New York Attorney General; Wayne 
     Stenehjem, North Dakota Attorney General; Mike Dewine, Ohio 
     Attorney General; John Kroger, Oregon Attorney General; 
     Guillermo Somoza-Colombani, Puerto Rico Attorney General; 
     Alan Wilson, South Carolina Attorney General; Robert E. 
     Cooper, Jr., Tennessee Attorney General; Mark Shurtleff, Utah 
     Attorney General; Vincent Frazer, Virgin Islands Attorney 
     General; Darrell V. McGraw, Jr., West Virginia Attorney 
     General; Greg Phillips, Wyoming Attorney General; Roy Cooper, 
     North Carolina Attorney General; Edward T. Buckingham, 
     Northern Mariana Islands Attorney General; Scott Pruitt, 
     Oklahoma Attorney General; Linda L. Kelly, Pennsylvania 
     Attorney General; Peter Kilmartin, Rhode Island Attorney 
     General; Marty J. Jackley, South Dakota Attorney General; 
     Greg Abbott, Texas Attorney General; William H. Sorrell, 
     Vermont Attorney General; Rob McKenna, Washington Attorney 
     General; J.B. Van Hollen, Wisconsin Attorney General.
                                  ____


                               Exhibit 2

                   Statement of Administration Policy


      S. 1925--Violence Against Women Reauthorization Act of 2011

          (Sen. Leahy, D VT, and 60 cosponsors, Apr. 23, 2012)

       The Administration strongly supports Senate passage of S. 
     1925 to reauthorize the Violence Against Women Act, a 
     landmark piece of bipartisan legislation that first passed 
     the Congress in 1994 and has twice been reauthorized. That 
     Act transformed the Nation's response to violence against 
     women and brought critically needed resources to States and 
     local communities to address these crimes.
       The Administration is pleased that S. 1925 continues that 
     bipartisan progress and targets resources to address today's 
     most pressing issues. Sexual assault remains one of the most 
     underreported violent crimes in the country. The bill 
     provides funding through State grants to improve the criminal 
     justice response to sexual assault and to better connect 
     victims with services. The bill also seeks to reduce domestic 
     violence homicides and address the high rates of violence 
     experienced by teens and young adults. Reaching young people 
     through early intervention can break the cycle of violence.
       The Administration strongly supports measures in S. 1925 
     that will bring justice to Native American victims. Rates of 
     domestic violence against Native American women are now among 
     the highest in the United States. The bill builds on the 
     Tribal Law and Order Act--which President Obama signed on 
     July 29, 2010--to improve the effectiveness and efficiency of 
     tribal justice systems and will provide additional tools to 
     tribal and Federal prosecutors to address domestic violence 
     in Indian country. The Administration also supports the 
     important leadership role of the Office on Violence Against 
     Women and believes that all victims should have access to 
     critically needed services and protections.

                          ____________________