[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.
____________________