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[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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