[Congressional Record Volume 165, Number 75 (Tuesday, May 7, 2019)]
[Senate]
[Page S2679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       VIOLENCE AGAINST WOMEN ACT

  Mrs. FEINSTEIN. Madam President, today I wish to speak in support of 
including provisions in any reauthorization of the Violence Against 
Women Act that would ensure Tribal governments can prosecute heinous 
crimes on their lands.
  When Congress last reauthorized the Violence Against Women Act, also 
known as VAWA, in 2013, we made historic advancements to address 
domestic violence on Tribal lands. Those important steps must be 
preserved, but we must also fix gaps in the law that the last 
reauthorization left open. These gaps allow crimes against children, 
the elderly, and law enforcement to essentially go unpunished.
  As I have mentioned before, I support H.R. 1585, the bill passed by 
the House to reauthorize VAWA. One of the reasons I support that bill 
is because it addresses those gaps. Tribes should be able to address 
violent crimes that happen on their lands and to their most vulnerable 
populations.
  According to a 2016 Justice Department report, ``more than four in 
five American Indian and Alaska Native women have experienced violence 
in their lifetime.'' That is disturbing. The report also found that 56 
percent have experienced sexual violence; 56 percent have experienced 
physical violence at the hands of an intimate partner; and 49 percent 
have been stalked.
  For me, these numbers are even more upsetting because California has 
the largest Native American population in the United States. There are 
almost 700,000 Native Americans living in California, which has 107 
federally recognized and 50 unrecognized Tribes.
  We must continue to respect Tribal sovereignty, to advance the very 
core of what sovereignty means: the right of Tribes to exercise 
dominion and jurisdiction over appalling crimes that occur on Tribal 
land. For many years, Tribal governments were unable to prosecute 
crimes committed by non-Indians on Tribal lands. Thankfully, that 
changed when Congress reauthorized VAWA in 2013.
  The 2013 reauthorization of VAWA allowed Tribes to exercise their 
sovereign powers to prosecute, convict, and sentence both Indians and 
non-Indians who assault Indian spouses or dating partners. In other 
words, Tribes were finally able to prosecute anyone who committed 
domestic violence against an Indian on Indian land. These measures were 
not only necessary; they worked.
  In just 5 years, under these new laws, there were 142 arrests, 74 
convictions, and 24 more cases pending. These charges were processed 
through Tribal courts that provided the requisite due process 
protections under our Constitution. In fact, not a single conviction 
was overturned because of a lack of due process. We must now build on 
that success.
  The VAWA reauthorization the House passed is a strong bill. I would 
note that it passed on a significant bipartisan basis, with a vote of 
263-158 and 33 Republicans supporting it. This was even in the face of 
an active opposition campaign conducted by the National Rifle 
Association.
  But importantly, one of the reasons the House bill is a strong bill 
is because of its Tribal protections. For example, the House bill 
expands jurisdiction over non-Indians for crimes against children, 
elders, and law enforcement.
  We have a duty to prevent child abuse and elder abuse wherever they 
occur. It is also only right that Tribes be able to prosecute attacks 
on law enforcement officers. The people who protect the public deserve 
protection as well.
  These advancements ensure that Tribes are able to address acts of 
violence, while respecting Tribal sovereignty. We should welcome the 
opportunity to continue to build on our past successes. I look forward 
to working with my colleague Senator Ernst on these provisions and hope 
other Senators with significant stake in this area will join us.
  There are several other provisions that I believe should be included 
in a VAWA reauthorization. Chief among those is keeping guns out of the 
hands of domestic abusers. I plan to speak about those provisions at a 
later date, but I mention them now because I believe that we must have 
a comprehensive approach to addressing domestic violence in this 
country.
  Simply put, all of the different parts of VAWA are linked. For 
instance, ensuring Tribal governments can prosecute domestic violence 
committed on Tribal lands is important, but keeping guns out of the 
hands of domestic abusers will help protect victims on Tribal lands as 
well.
  The bill passed by the House takes this sort of comprehensive 
approach by, for example, improving the law in the areas of housing, 
Tribal protections, and gun safety.
  I believe the Senate must do the same. There is no simple way to stop 
domestic violence, but we have a duty to do all that we can. Thank you.

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