[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Extensions of Remarks]
[Pages E217-E218]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PROVIDING FOR CONSIDERATION OF S. 47, VIOLENCE AGAINST WOMEN 
                      REAUTHORIZATION ACT OF 2013

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                      Wednesday, February 27, 2013

  Ms. JACKSON LEE. Mr. Speaker, I rise to support H.R. 11, the 
reauthorization of the Violence Against Women Act.
  Over the last 18 years, VAWA has provided life-saving assistance to 
hundreds of thousands of women, men, and children. Originally passed by 
Congress in 1994 as part of the Violent Crime Control and Law 
Enforcement Act of 1994, this landmark, bipartisan legislation was 
enacted in response to the prevalence of domestic and sexual violence 
and the significant impact that such violence has on the lives of 
women.
  Just last month a co-ed at the venerable University of Virginia, my 
alma mater was convicted of murdering his girlfriend. This hits close 
to home. As well as Yvette Cade, who had acid poured over her face by 
an irate ex-husband. As well as the murder of Annie Le at Harvard 
University. And unfortunately, I could go on and on. These women were 
white, black, and Asian, living in different cities under different 
circumstances. They had one common denominator: victims of abject and 
perverse violence. Lives destroyed because of men-at-rage.
  With each reauthorization, VAWA has been improved in meaningful ways 
to reflect a growing understanding of how best to meet the varied and 
changing needs of survivors.
  VAWA is working, while rates of domestic violence have dropped by 
over 50 percent in the past 18 years, there remains a lot of work to be 
done still have a lot of work ahead of us.
  In December, the Centers for Disease Control and Prevention (CDC) 
released the first National Intimate Partner and Sexual Violence Survey 
(NISVS), which found:
   1 in 5 women have been raped in their lifetime and 1 in 4 women have 
been the victim of severe physical violence by a partner;
   Over 80% of women who were victimized experienced significant short-
term and long-term impacts related to the violence and were more likely 
to experience Post-Traumatic Stress Disorder and long-term chronic 
diseases such as asthma and diabetes.
   Every nine seconds a woman in the United States is assaulted or 
beaten by stalkers or her partner.
   Every year in the United States, 1,000 to 1,600 women die at the 
hands of their male partners, often after a long, escalating pattern of 
battering.
   In 2009, 111 women were killed by their former or current husband, 
intimate partner or boyfriend in the State of Texas.


  Domestic violence is the leading cause of injury for women in America

   According to a study, there are more victims of domestic violence 
than victims of rape, mugging and automobile accidents combined. VAWA 
was designed to address these gruesome statics.
   VAWA established the National Domestic Violence Hotline, which 
receives over 22,000 calls each month. VAWA funds train over 500,000 
law enforcement officers, prosecutors, judges, and other personnel each 
year.
   This landmark legislation sent the message that violence against 
women is a crime and will not be tolerated.
   States are taking violence against women more seriously and all 
states now have stalking laws, criminal sanctions for violation of 
civil protection orders, and reforms that make date or spousal rape as 
serious of a crime as stranger rape.


                                H.R. 11

  The bipartisan Violence Against Women Reauthorization Act of 2013 
passed the Senate with overwhelming bipartisan support. 78 out of 22 
U.S. Senators supported this important bipartisan legislation.
  The VAWA Reauthorization bill significantly strengthens the ability 
of the Federal Government, the States, law enforcement, and service 
providers to combat domestic violence, dating violence, sexual assault, 
and stalking. As with the previous reauthorizations of VAWA in 2000 and 
2005, this bill responds to the realities and needs reported by those 
who work with victims every day to make VAWA work better for all 
victims.
  The Republican leadership announced they will bring their version of 
the Violence Against Women Act (VAWA) reauthorization to the House 
Floor. As opposed to the bipartisan Senate bill, the House Republican 
version of VAWA omits protections for the LGBT, Native women, and 
immigrant communities. It also excludes provisions that combat sex 
trafficking, and that would have helped law enforcement address the 
backlog in DNA evidence kits. The GOP version is being brought to the 
House Floor in the complete absence of committee action and without the 
consultation of House Democrats.
  As my colleague, Congressman John Conyers stated ``The House 
Republican version of VAWA is evidence that the Majority continues to 
pick and choose which victims of domestic

[[Page E218]]

violence are deserving of protection. The Senate has passed a strong 
bipartisan bill that contains critical protections for all victims of 
domestic violence, but House Republicans are reverting back to partisan 
politics by pushing through a bill that will not pass the Senate. We 
should be seeking ways to expand and improve upon the Historic Violence 
Against Women Act, not limit its ability to protect innocent victims.''
  Unfortunately, the House Republican bill refuses to acknowledge the 
needs of all victims of domestic violence, human trafficking and 
stalking. There are too many women waiting on vital domestic violence 
services. It is time for House Republicans to end this charade and 
allow a vote on the comprehensive VAWA that passed the Senate earlier 
this month.


   Why Republicans Oppose the Bill (``controversial'' new provisions)

                     Protections for LGBT Survivors

  The Senate bipartisan reauthorization of VAWA ensures that ALL 
victims of domestic violence receive aid, including LGBT survivors.
  LGBT people are often victims of Domestic Violence:
  A 2010 Centers for Disease Control and Prevention study found that 
lesbian, gay, bisexual and transgendered victims report intimate 
partner violence, sexual violence, and stalking at levels equal to or 
higher than the general population.
  The report also found that bisexual women report higher incidences of 
rape, physical violence, and stalking than their lesbian and 
heterosexual counterparts.
  Recent studies show that LGBT victims face discrimination when 
accessing services. For example, 45% of LGBT victims were turned away 
when they sought help from a domestic violence shelter, according to a 
2010 survey, and nearly 55% were denied protection orders.
  Service providers have gathered numerous stories of LGBT victims 
denied assistance or services because of their sexual orientation or 
gender identity.
  The Senate Bill ensures non-discrimination, and allows for a wider 
variety of groups to apply for VAWA funding:
  The legislation clarifies that organizations seeking to provide 
specific services to gay and lesbian victims may receive funds under 
the largest VAWA grant--the STOP formula grant program.
  No organization will be required to develop services specifically 
targeting this population, but those organizations that would like to 
offer such services will be able to access funding. Currently, STOP 
grant funds are only available to organizations predominantly serving 
women.
  Additionally, the legislation clarifies that gay and lesbian victims 
are included in the definition of underserved populations. Although the 
LGBT community experiences domestic violence at the same rate as 
heterosexual couples, a 2010 study found that many victim services 
providers lack services specific to LGBT victims and have not received 
training in how to work with LGBT victims. Specialized services are 
important for this population because reporting rates and prosecution 
rates are very low.
  This bill does not Mandate that Service Providers Offer Specific LGBT 
Services.
  The legislation does not require service providers to offer specific 
programs for LGBT victims. It simply seeks to increase the availability 
of specialized services and to ensure that no victim is turned away 
based on their sexual orientation or gender identity.


                        VAWA and Immigrant Women

  H.R. 11 adds the crime of stalking to the offenses for which a U Visa 
is available. The U Visa was created to encourage immigrant victims of 
crime to report and help prosecute criminal activity. It is only 
available to victims of certain crimes, which currently include 
domestic violence and sexual assault.
  H.R. 11 protects the children of applicants for U Visas from ``aging 
out'' of the process if they become adults while their parent's 
application is pending.
  H.R. 11 clarifies that VAWA self-petitioners, U Visa petitioners and 
holders, and T Visa holders (victims of human trafficking) are exempted 
from the public charge inadmissibility ground that typically precludes 
a non-citizen from remaining in the country.
  H.R. 11 extends the so-called ``widow's and widower's fix,'' approved 
by Congress in 2009, to add the surviving minor children of a VAWA 
self-petitioner when the abusive spouse of the petitioner died after 
the filing of the petition. Other relatives of the petitioner would 
remain ineligible.
  H.R. 11 requires annual reports to Congress regarding outcomes and 
processing times for VAWA self-petitions, U Visas, and T Visas.
  H.R. 11 strengthens the existing International Marriage Broker 
Regulation Act to provide vital disclosures to foreign fiances and 
fiancees of U.S. citizens regarding the criminal history of the 
sponsoring citizen and other information foreign fiance's and fiancee's 
need to protect themselves from entering abusive marriages. Requires 
international marriage brokers to collect proof that the foreign fiance 
or fiancee is of the age of consent.
  H.R. 11 extends the application of the Prison Rape Elimination Act to 
all immigration detention facilities under the authority of the DHS and 
HHS.


               VAWA expands protections for tribal women

  VAWA Reauthorization provides law enforcement with additional tools 
to combat domestic and sexual assault in tribal communities.
  The bill adds new federal crimes--including a ten-year offense for 
assaulting a spouse or intimate partner by strangling or suffocating 
and a five-year offense for assaults resulting in substantial bodily 
injury--that will enable federal prosecutors to more effectively combat 
types of assault frequently committed against women in Indian country.
  These new crimes allow law enforcement to appropriately address the 
gradual escalation of seriousness often associated with domestic 
violence offenses. The bill also clarifies that tribal courts have the 
authority to issue and enforce tribal protection orders, ensuring that 
these protection orders can be used effectively to keep women safe.
  VAWA Reauthorization closes jurisdictional loopholes to ensure that 
those who commit domestic violence in Indian country do not escape 
justice.
  The bill addresses a gaping jurisdictional hole by giving tribal 
courts concurrent jurisdiction over Indian and non-Indian defendants 
who commit domestic violence offenses against an Indian in Indian 
country.
  Currently, tribal courts do not have jurisdiction over non-Indian 
defendants who abuse and attack their Indian spouses on Indian lands, 
even though more than 50% of Native women are married to non-Indians. 
Prosecution of domestic violence offenses in Indian country often falls 
through the cracks, since federal and state law enforcement and 
prosecutors have limited resources and may be located hours away from 
tribal communities.


                               Conclusion

  Mr. Speaker, I urge the members of this House to vote in favor of 
H.R.11. The Violence Against Women Act provides crucial protections for 
victims of domestic violence. We cannot wait any longer to reauthorize 
this crucial legislation that saves the lives of women every day.

                          ____________________