[Congressional Record Volume 159, Number 16 (Monday, February 4, 2013)]
[Senate]
[Pages S461-S463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013--MOTION TO PROCEED

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of the motion to proceed to S. 47, which the clerk 
will report.
  The legislative clerk read as follows:

       Motion to proceed to (S. 47) a bill to reauthorize the 
     Violence Against Women Act of 1994.

  The PRESIDING OFFICER. Under the previous order, the time until 5:30 
p.m. will be equally divided and controlled in the usual form.
  The Senator from Vermont is recognized.
  Mr. LEAHY. Mr. President, I thank the senior Senator from Idaho for 
his comments. He has been not only a stalwart supporter, he actually 
has been essential in the drafting of this legislation. We all share 
this concern of finding ways to stop violence against women. I realize 
different parts of the country have different problems, different 
stresses. I am pleased to have a western view to go with this eastern 
view. But also, I think, it is a case of the best legislation in this 
body, legislation supported by both Democrats and Republicans. When we 
come together as Senators, things get done.
  That is one of the reasons we are turning to this bill, S. 47, the 
Leahy-Crapo Violence Against Women Reauthorization Act, as one of our 
first bills. It has bipartisan support. I thank Majority Leader Reid 
for making this unfinished business a priority for the Senate.
  Congressional enactment of our strong bipartisan bill to help all 
victims of domestic and sexual violence is long overdue. Our bill has 
more than 60 bipartisan Senate cosponsors. I think this week we can 
finally finish what we started last year by passing the bill in the 
Senate, sending it to the other body, and having them take it up. I 
know I am deeply indebted--we all are--to the women and men around the 
country who have been working with us. They have been steadfast in 
their commitment to the victims and to our efforts to combat domestic 
violence, dating violence, stalking, and sexual assault.
  There is a pressing need to update the Violence Against Women Act. 
The Centers for Disease Control and Prevention's 2010 National Intimate 
Partner and Sexual Violence Survey found that one in four women has 
been the victim of severe physical domestic violence. One in five women 
has been raped in her lifetime. More than half of the homicides in my 
State of Vermont are related to domestic violence.
  Let me emphasize that just a bit. Vermont has one of the lowest crime 
rates in the country. But when I look at the source of the crime, more 
than half of the homicides are related to domestic violence. Those 
percentages are very high in almost every State. That is simply 
unacceptable. While the Judiciary Committee has been preparing to 
consider legislation on the subject of gun violence at the end of this 
month, we can act now, without delay, in the Senate to strengthen the 
protections of the Violence Against Women Act.
  All of the provisions in our bill passed the Senate last year. In 
fact, 9 months ago the Senate passed the Leahy-Crapo Violence Against 
Women Reauthorization Act with 68 votes. The Senate often has a hard 
time coming together with 51 votes, but here we had 68 votes from 
Members of both parties, across the political spectrum.
  Last December we worked out with Senator Cornyn and Senator Grassley 
additional provisions to amend the Debbie Smith Act, which we passed, 
to reduce the backlog of untested rape kits in order to provide for 
additional audits and reporting, and increase the capacity of State and 
local law enforcement to perform DNA analysis. Those provisions are now 
incorporated into this VAWA bill.
  I hope those few Senators who opposed the bill last year will now 
join with us to enact VAWA reauthorization. I think we should act 
quickly and decisively to pass this bill, and send it to the House. I 
know if it reaches the President's desk, from what he has told me, he 
will sign it without delay.
  Our bill will support the use of techniques proven to identify high-
risk cases and prevent domestic violence homicides. It is going to 
increase VAWA'S focus on sexual assault and push colleges to strengthen 
their efforts to protect students from domestic and sexual violence. It 
will allow us to make real progress in addressing the horrifying 
epidemic of domestic violence in tribal communities. A recent study 
found almost three in five native women had been assaulted by their 
spouses or intimate partners.
  Our bill will allow services to get to those in the LGBT community 
who have had trouble accessing services in the past. The Centers for 
Disease Control and Prevention released a few weeks ago that found the 
rates of domestic and sexual violence in these communities are equal to 
or greater than those of the general population. We also have key 
improvements for immigrant victims of domestic and sexual violence.
  I did note when we reintroduced this bill at the outset of this year 
that we will be pressing the increase of U Visas for those victims who 
assist law enforcement in the context of comprehensive immigration 
reform. Last year, the House of Representatives refused to consider the 
Senate-passed bill because the U Visa provision, while fully offset, 
was seen technically to affect revenues. We removed it from the bill 
this year. I don't want this bill to be slowed up because of a 
technical excuse.
  When somebody is being abused, they don't need to hear about 
technicalities. They want us to stop it, and they want us to expedite 
action on this bill. I remain strongly committed to the U Visa 
increase. As I said, I will try to include it in the immigration 
legislation we will be considering in the next couple of months. The 
reason I will do that, of course, is it will benefit law enforcement 
and victims, and we should enact it.
  I have said so many times on the floor of the Senate that I remember 
my days as a prosecutor in Vermont--let me state it this way: I 
remember going to crime scenes at 2 and 3 o'clock in the morning. I 
remember seeing people being taken out in an ambulance, barely alive, 
battered to within an inch of their life. But I especially remember 
those who did not even get that far, lying on the floor, up against a 
wall, waiting for the medical examiner to come and pronounce the person 
dead and allow the police to collect evidence and move them.
  During that time no police officer ever said: Is this victim gay or 
straight? Is this victim an immigrant or Native American? They said, as 
I have said so many times on the floor: A victim is a victim is a 
victim. How do we stop this from happening to somebody else? How do we 
catch the person who did this?
  Law enforcement wants tools for after the fact. But even more, they 
want what we have in here: something to stop the abuse from happening 
in the first place. Every day we do not pass legislation to prevent 
this violence and assist victims, people are suffering.
  I hope all Senators--Democrats, Republicans, Independents--will join 
us. I have spoken of Senator Crapo's longstanding commitment to 
victims. But, also, I have spoken often of the support of Senators 
Mikulski and Murkowski and Murray and Klobuchar and Coons and Collins 
and Shaheen and Franken and Hagan and Casey and so many others who have 
joined to help to shape this legislation and work to pass it. I also 
appreciate the support and assistance of the National Task Force to End 
Sexual and Domestic Violence Against Women and its many member 
organizations whose insight has been so critical.
  I thank the Vermont Network Against Domestic and Sexual Violence. I 
am so proud of them. They have done great work helping victims in 
Vermont with support from the VAWA programs. They have been a leader in 
developing and supporting this legislation.
  I ask unanimous consent to have printed in the Record at the 
conclusion of my statement a letter organized

[[Page S462]]

by the National Task Force and signed by more than 1,300 local, tribal, 
and national organizations supporting this important bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEAHY. Since we first passed the Violence Against Women Act 
nearly two decades ago, States have strengthened criminal rape 
statutes, and every State has made stalking a crime. The annual 
incidence of domestic violence has dropped more than 50 percent. We 
have something here that has been a success. We have helped to provide 
victims with critical services, such as housing and legal protection.
  We have to remember, these are not just statistics. These are 
thousands of lives made immeasurably better. I might say because of 
this work these thousands of lives are still lives; they are not 
statistics of people murdered. All the provisions in our bill were 
developed with the help of victims and those who assist them every day. 
They are commonsense measures. They will help real people. Every 
prosecutor, every support group--all will tell you it is past time for 
Congress to enact this bill to provide help for victims of domestic 
violence and rape.
  We can make these concrete, important changes in the law. We can do 
it this week. I have been involved in this for years, and I have seen 
the results of what we have done. I have seen the lives that have been 
made immeasurably better because of what we have done. I have seen the 
lives that have been saved because of what we have done. There is no 
excuse to delay further.

                               Exhibit 1

         National Task Force To End Sexual and Domestic Violence 
           Against Women,
                                                 February 4, 2013.
     Senator,
     U.S. Senate,
     Washington, DC.
       Dear Senator: We, the undersigned local, tribal, and 
     national organizations, represent and support millions of 
     victims of domestic violence, dating violence, sexual assault 
     and stalking throughout the United States, American Indian 
     Tribes and territories. On behalf of the victims we 
     represent, the professionals who serve them and the 
     communities that sustain them, we ask that you support the 
     Violence Against Women Act's (VAWA) reauthorization by co-
     sponsoring and voting for S. 47. As you know, VAWA is slated 
     to come to the Senate floor as early as next week and we are 
     asking you to take a leadership role in ensuring that this 
     landmark bi-partisan bill will continue its important work.
       VAWA's programs support state, tribal and local efforts to 
     address the pervasive and insidious crimes of domestic 
     violence, dating violence, sexual assault and stalking. These 
     programs have made great progress towards reducing the 
     violence, helping victims to be healthy and feel safe and 
     holding perpetrators accountable. This critical legislation 
     must be reauthorized to ensure a continued response to these 
     crimes.
       Since its original passage in 1994, VAWA has dramatically 
     enhanced our nation's response to violence against girls and 
     women, boys and men. More victims report domestic violence to 
     the police and the rate of non-fatal intimate partner 
     violence against women has decreased by 64%. The sexual 
     assault services program in VAWA helps rape crisis centers 
     keep their doors open to provide the frontline response to 
     victims of rape. VAWA provides for a coordinated community 
     approach, improving collaboration between law enforcement and 
     victim services providers to better meet the needs of 
     victims. These comprehensive and cost-effective programs not 
     only save lives, they also save money. In fact, VAWA saved 
     nearly $12.6 billion in net averted social costs in just its 
     first six years.
       VAWA has unquestionably improved the national response to 
     these terrible crimes. Nonetheless, much work remains to be 
     done to address unmet needs and enhance access to protections 
     and services for all victims. We urge you to sponsor and vote 
     for S. 47 in order to build upon VAWA's successes and 
     continue to enhance our nation's ability to promote an end to 
     this violence, to hold perpetrators accountable and to keep 
     victims and their families safe from future harm. Thank you.
           Sincerely,
  * * *

  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, I urge my colleagues, as I will do, to 
support the motion to proceed to the Violence Against Women Act. I 
expect that many of my Republican colleagues will also vote to proceed 
to the bill.

  There has long been bipartisan support for the Violence Against Women 
Act. Too many women are victims of domestic violence, sexual assault, 
stalking, and dating violence. Federal support for services to these 
women, and sometimes even men, has been beneficial to our country.
  There is overwhelming bipartisan support for 98 percent of what is 
contained in S. 47, so I favor proceeding to the bill and offering 
limited amendments. We can then have a Senate vote, allow the other 
body to work its will, resolve any differences between the bills, pass 
a compromised reauthorization bill through both Houses, and get it to 
the President.
  The process on the Violence Against Women Act in the last Congress 
was very disappointing. Previously the Violence Against Women Act was 
reauthorized unanimously. Something similar could have happened again 
last year, but it didn't. New provisions were brought forth into the 
bill. Some of the provisions were very controversial. Some provisions 
even raised serious constitutional concerns, but those on the other 
side insisted on these provisions without any change and refused to 
compromise. It appeared that the debate was more about blame and 
politics than it was about providing help to women in need.
  In the last Congress, both the Republican leader and this Senator 
offered that the Senate consent to striking a provision which violated 
the Constitution's origination clause, and then proceed to conference. 
The majority spurned those efforts on both occasions. Yet today S. 47 
has removed the very provision which raised the blue-slip problem with 
the House of Representatives because, as we all know, under the 
Constitution all bills raising revenue must start in the House of 
Representatives. The majority did this only a few months after the 
majority refused to drop that very same provision and proceed to 
conference. So this bill could have been to the President last year. 
The willingness of the majority today to eliminate that very 
unconstitutional provision demonstrates that we could have had a bill 
to the President last year. That ought to be a terrible disappointment 
not only to this Senator but to all the people in the Senate.
  It is not true that unless S. 47 is passed exactly as is various 
groups will be excluded from protections under the law. Would anyone 
care to know why? Because the current law protects all victims.
  Vice President Biden wrote the current law. Every Member of the 
Senate who was a Member of this body when the Violence Against Women 
Act was last reauthorized voted for that bill. Neither Vice President 
Biden nor any other Senator passed a discriminatory bill then. It is 
not the case that unless the controversial provisions are accepted 
exactly as the majority insists without any compromise whatsoever that 
any groups will be excluded.
  The key stumbling block to enacting a bill at this time is the 
provision concerning Indian tribal courts. That provision raises 
serious constitutional questions concerning both the sovereignty of 
tribal courts and the constitutional rights of defendants who would be 
tried in those courts. We should focus on providing needed services to 
Native American women. S. 47 makes political statements and expounds on 
Native American sovereignty. It raises such significant constitutional 
problems that its passage might actually not accomplish anything at all 
for Native American women while failing to protect the constitutional 
rights of other American citizens.
  Even the Congressional Research Service has raised constitutional 
questions with the tribal provisions in this very bill. Negotiations 
are continuing, and I am quite confident that if we can reach an 
agreement on these questions, compromises on the other few remaining 
issues can also be secured and would allow the bill to pass with 
overwhelming bipartisan support. If we are unable to reach agreement in 
the next couple of days, then I intend to offer a substitute that is 
much more likely to be accepted by the House and become law.
  In the meantime, for this very day, all we are talking about is 
getting to this bill so we can discuss these issues. I will vote for 
the motion to proceed, and I ask my colleagues to do so as well.
  I yield the floor, and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.

[[Page S463]]

  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I ask for the yeas and nays on the motion 
to proceed.
  The PRESIDING OFFICER. All time has expired.
  Is there a sufficient second?
  There appears to be a sufficient second. There is a sufficient 
second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.

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