[Congressional Record Volume 167, Number 217 (Thursday, December 16, 2021)]
[Senate]
[Pages S9231-S9232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Violence Against Women Act

  Ms. ERNST. Mr. President, this is Holly Durben from Shenandoah, IA. 
Holly was someone who loved animals and loved nature. She was a people 
person. The thing that she loved most in the world was her family.
  But tragically, Holly took her last breath on the morning of July 18, 
2009. Brian Davis murdered her in a small farmhouse just south of 
Shenandoah. Holly is one of the hundreds of women murdered annually by 
a current or former intimate partner--nearly three women a day.
  Americans are being devastated by a wave of violent crime. Night 
after night, folks turn on their local news and hear of yet another 
tragic story of murder, of rape, and violent crimes of all natures that 
are ravaging their community.
  In October, the United States recorded its highest spike in homicides 
in modern history. Last year the murder rate in this country rose by 30 
percent. These murders are not being committed by law-abiding citizens. 
They are being committed by extremely dangerous and violent criminals, 
like Brian Davis.
  The reality is victims like Holly Durben and violent criminals like 
Brian Davis have been locked in homes together for nearly 2 years 
during this pandemic. Violent convicted criminals like Brian Davis, who 
murdered Holly, his fiancee, should not have access to firearms.
  Law-abiding Americans need the ability to protect themselves from 
violent criminals like Brian Davis. Iowans are common sense. We are 
pragmatic. We take our Second Amendment rights incredibly serious. We 
value the safety of our communities, and we think it is right to punish 
violent criminals when they break the law and are convicted.
  This isn't some crazy idea. Under current Federal law which has been 
on the books for decades and in State codes all across the country, 
there are violent crimes that result in consequences like the inability 
to possess a firearm. For example, someone convicted of a felony 
forfeits many of their rights. Felons can't be on a jury. They can't 
work for the Federal Government or serve in the military.
  Felons, like murderers and drug kingpins, lose these rights when they 
commit and are convicted of their crimes. A fugitive from justice is 
not permitted to have a firearm; the same for those who are in this 
country illegally.
  Under current law--current law--individuals who have been convicted 
of a misdemeanor domestic-violence crime are also on this list. As of 
today, if two individuals are married, the convicted abuser is held 
accountable, and that makes sense. But if they are not married, the 
convicted violent abuser is not held accountable.
  I believe we need to get tough on crime, and I believe law-abiding 
gun owners in this country agree with me. Brian Davis, a violent, 
convicted criminal is not law abiding.
  I want to be crystal clear about a few things. One, what we are 
talking about

[[Page S9232]]

here depends on a conviction--a conviction of domestic violence. That 
is a guilty verdict after a just trial, an adjudicated-fairly trial. 
Due process is completely intact, fully present, and I will not be 
compromised on that, I can promise you.
  Two, domestic violence does not mean emotional distress. Domestic 
violence does not mean a verbal argument. Domestic violence means a 
violent crime.
  Three, not a single innocent or law-abiding gun owner will or should 
be impacted. Today there are women trapped in relationships with 
violent criminals, our daughters and mothers, our friends, and our 
neighbors.
  Convicted violent criminals have proven themselves to be unfit to 
fully participate in our society. We can't choose to just protect women 
with a ring on their finger from violent abusers. We must hold violent 
criminals accountable. Let's protect our daughters and punish the 
criminals.
  Speaking from personal experience, domestic violence is a crime worth 
being tough on.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Van Hollen). The Senator from California 
is recognized.
  Mrs. FEINSTEIN. Mr. President, I rise today to share my support of 
the ongoing bipartisan efforts to reauthorize the Violence Against 
Women Act.
  As you know from the prior speaker, the distinguished Senator, 
negotiations to reauthorize the Violence Against Women Act on a 
bipartisan basis have been ongoing now for three years. Since the 
beginning of this year, my office has been working closely with Senator 
Ernst's, Senator Durbin's, and Senator Murkowski's offices to negotiate 
bipartisan agreement to reauthorize this important and critical law. I 
am thrilled that we are now able to share that we have reached a 
bipartisan framework which will strengthen, modernize, and reauthorize 
the Violence Against Women Act.
  We are committed to introducing this bill next month. This bipartisan 
agreement would reauthorize the Violence Against Women Act through 2026 
and provide important opportunities to modernize the law that has been 
so critical to protecting and supporting survivors of domestic 
violence, dating violence, sexual assault, and stalking.
  Our bipartisan agreement would enhance and expand services for 
survivors of domestic violence--including survivors in rural 
communities, LGBT survivors, survivors with disabilities, and survivors 
who experience abuse later in life.
  Our agreement would reauthorize and strengthen the criminal justice 
response to domestic violence, including by improving the Justice 
Department's STOP grant program, closing the ``dating partner 
loophole'' on a prospective basis, and strengthening the ability of 
Tribal courts to address instances of domestic violence on Tribal land.
  Our agreement would also invest in prevention education efforts. It 
would expand access to emergency housing support for domestic violence 
survivors, and it would improve the healthcare response to sexual 
violence across the country.
  These protections are urgently needed, and the time to act is now. I 
have been here for a while. I have never seen the coming together of 
the two sides of the aisle any stronger than it is now to work together 
to solve this problem. So I look forward to participating in the 
introduction of this bipartisan bill to reauthorize the Violence 
Against Women Act next month.