Reauthorization of the Violence Against Women Act

REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN ACT -- (Senate - November 19, 2004)

Mr. BIDEN. Mr. President, much of the Senate's attention this week was consumed with completing lingering business, be it, appropriations bills or debt extension. In contrast, I rise today to ask my colleagues to cast their eyes forward to a new matter that we must focus on when Congress reconvenes in January-the reauthorization of the Violence Against Women Act. As most know, I consider the Violence Against Women Act the single most important legislation I've championed during my 30-year tenure in the Senate. I care deeply about this law, and take seriously my responsibility to ensure it is funded and renewed.

After more than 5 years of hearings, and legislative drafts and redrafts, in September 1994, the Congress passed and President Clinton signed into law the Violence Against Women Act. The Violence Against Women Act created new Federal criminal laws addressing domestic violence and rape, and established discretionary grant programs within the Department of Justice and the Department of Health and Human Services for State, local, and Indian tribal governments and non-profit service organizations. The Violence Against Women Act of 2000 renewed these programs, made targeted improvements to certain provisions and introduced new initiatives.

Since the bill was enacted, we've witnessed an incredible transformation in State and Federal criminal and civil law enforcement, communities' victim services, and societal attitudes towards domestic violence and sexual assault. In 2004 alone, Congress spent $520 million for Violence Against Women programs. Over the past decade, nearly $3.8 billion has been appropriated to make women's homes and communities safer.

We've made extraordinary progress in ending violence against women and its devastating impact on families. With the passage of the Violence Against Women Act we started talking about that dirty little secret that no one wanted to say out loud. A rape victim or battered wife can now turn to a trained police officer, an emergency room nurse, or a 1-800 Hotline operator. We transformed private "family matters" into public crimes with true accountability and meaningful victim services.

The Violence Against Women Act is working. Since its enactment, domestic violence has dropped by almost 50 percent. Incidents of rape are down by 60 percent. The number of women killed by an abusive husband or boyfriend is down by 22 percent. More than half of all rape victims are stepping forward to report the crime. Over a million women have found justice in our courtrooms and obtained domestic violence protective orders. The signs of success abound.

But progress is not enough. Sadly, domestic violence and sexual assault persist. As more and more brave women are stepping forward to report a rape or seek a restraining order against an abusive husband, more demands are placed on women's shelters, state prosecutors, courtroom victim advocates, and other resources. We cannot let the Violence Against Women Act become a victim of its own success. Instead, it must be soundly and quickly reauthorized next year.

Despite best efforts, a complete bill reauthorizing the Act is not yet ready for introduction today. However, a draft is near completion. I am listening closely to those on the front lines-police, trial judges, emergency room nurses and many others-and making targeted improvements to existing grant programs and tightening up criminal laws. We are learning about the new challenges and the persistent problems of old. A wide variety of groups are working with me to put together the next iteration of the Violence Against Women Act, including the National Coalition Against Domestic Violence, the National Network to End Domestic Violence, the Family Violence and Prevention Fund, the Pennsylvania Coalition Against Rape, Legal Momentum, the National Alliance to End Sexual Violence, the American Bar Association's Commission on Domestic Violence, the National Association of Attorneys General, the National Center for Victims of Crime, National District Attorneys Association, the National Council on Family and Juvenile Court Judges, the National Association of Chiefs of Police, the National Sheriffs' Association and the American Medical Association.

The Violence Against Women Act of 2005 that I intend to introduce at the commencement of the next Congressional session is a comprehensive and ambitious bill that will move our country forward in our fight to end family violence. The reauthorization will include at least nine titles. Major components of title I on the courts and crime include provisions to: 1. renew existing foundational programs for law enforcement, lawyers, judges and advocates; 2. stiffen existing criminal penalties for repeat federal domestic violence offenders; 3. appropriately update the stalking criminal law to incorporate new surveillance technology like Global Positioning Systems (GPS); and 4. ensure that offender re-entry programs develop procedures and resources for prisoners with a history of family violence. Title II on victim services would, among other items: 1. create a new dedicated program for rape crisis centers; 2. reinvigorate programs to help older and disabled victims of domestic violence; and 3. strengthen existing programs for rural victims and victims in underserved areas.

I am particularly heartened by new titles that deal with children and teenagers. Reports indicate that from three to ten million children are experiencing domestic violence in their homes each year. Treating children who witness domestic violence, dealing quickly with violent teenage relationships and teaching prevention to children and teenagers are keys to ending the violence.

In some instances, women face the untenable choice of returning to their abuser or becoming homeless. Indeed, 44 percent of the Nation's mayors identified domestic violence as a primary cause of homelessness. In response, efforts to ease the housing problems for battered women are contained in my draft bill.

Doctors and nurses, like police officers on the beat, are often the first witnesses of the devastating aftermath of abuse. As first responders, they must be fully engaged in the effort to end the violence and have the tools they need to faithfully screen, treat and study family violence. My bill would strengthen the health care system's response to family violence with programs to train and educate health care professionals on domestic and sexual violence, foster family violence screening for patients, and more studies on the health ramifications of family violence.

Leaving a violent partner often requires battered women to achieve a level of economic security. The next iteration of the Violence Against Women Act should seek to help abused women maintain secure employment, insurance coverage, and child support resources.

In addition, my bill would improve and expand the immigration protections for battered women. I am very appreciative of Senator KENNEDY's leadership and expertise on this issue. In addition, it would ensure that victims of trafficking are supported with measures such as permitting their families to join them in certain circumstances, expanding the duration of a T-visa, and providing resources to victims who assist in investigations or prosecutions of trafficking cases brought by State or Federal authorities. Finally, my bill will focus more closely on violence against Indian women and suggest ways to better coordinate services to Indian women.

I am pleased to be working on such a thorough effort to renew the Violence Against Women Act. I believe this bill raises important issues, and pushes local and federal policymakers to ask what more should be done for battered women and their children. In the coming weeks, I look forward to working with my colleagues on both sides of the aisle to craft a compromise measure. Senator HATCH and the Judiciary Committee's new Chairman, Senator SPECTER and Ranking Member Senator LEAHY, have long supported the Violence Against Women Act and I am confident that we will work together to create an effective reauthorization bill. I also appreciate the efforts in the House of Representatives including those of a long-standing champion of the Violence Against Women, Representative CONYERS.