[Congressional Record Volume 145, Number 72 (Tuesday, May 18, 1999)]
[Senate]
[Pages S5493-S5495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE (for himself, Mrs. Murray, and Mr. Schumer):
  S. 1069. A bill to provide economic security and safety for battered 
women, and for other purposes; to the Committee on Finance.


           battered women's economic security and safety act

  Mr. WELLSTONE. Mr. President, today, I am joined by Senator Murray 
and Senator Schumer in introducing the Battered Women's Economic 
Security Act. Battered women face tremendous economic barriers when 
they leave their abusive relationships and set out to make a new life 
for themselves and their children. Our bill addresses the numerous and 
critical issues that victims of domestic violence face as they try to 
escape the violence in their lives.
  I know that Senator Murray joins me in applauding Senator Biden's 
efforts in crafting legislation to reauthorize the programs in the 
Violence Against Women Act. As I and many of my colleagues have heard 
from folks back home, these programs have provided invaluable and life 
saving resources to battered women and their families. I am proud to be 
an original co-sponsor of the bipartisan bill that Senator Biden has 
developed to build on the success of VAWA I and expand those programs.
  As a result of VAWA I, we now have an infrastructure in place that 
helps the community respond to this violence. VAWA provides the 
resources to enable local law enforcement and the courts prosecute 
those who batter women. And many other programs are now in place to 
help women leave their abusers.
  But, when a woman does take the initial step to leave her abuser and 
seek help, she is beginning a journey that is filled with obstacles, 
largest of which are economic. All to often battered women stay with 
their abuser because of the economic support he provides for her and 
her children. Now that we have begun to build an infrastructure that 
provides for the initial immediate needs of shelter and legal services, 
we need to look at the bigger picture. We must provide economic 
supports that allow battered women to provide for themselves and their 
children, and keep them safe after they leave temporary shelters. That 
is the reason Senator Murray and I are introducing the Battered Women's 
Economic Security Act.
  The Battered Women's Economic Security Act addresses the economic 
obstacles women who are victims of domestic violence face when trying 
to leave their abuser. For example, finding affordable and safe housing 
is critical for all battered women and their children, but particularly 
for low-income women. A 1998 report funded by the Ford Foundation found 
that of all homeless women and children, 50 percent of them are fleeing 
domestic violence. Let me say that again, half of all homeless women 
and children leave their home because the violence there threatens 
their lives.
  Not only are over half of homeless women fleeing violence, but too 
many of them do not find shelter that they need. A report from the U.S. 
Conference of Mayors found that homeless shelters are finding an 
increasing need for women and children. Of that growing need, 1 out of 
every 3 families that shows up at a homeless shelter is turned away, 
and ends up on the street for the night.
  It is simply unacceptable for us to allow women and children, who are 
fleeing violence, to be turned out into the streets. When are we as a 
society going to stand up and say no more? Without safe shelter, women 
and their children will continue to stay in violent relationships 
because at least they have a roof over their heads. Such a situation is 
shameful in such a prosperous country as our own, and in such a booming 
economy as this one.
  Our bill makes sure that money goes directly to shelters for victims 
of domestic violence so that the people who are directly involved with 
helping battered women can help them find new housing. We also made 
sure that our bill provided resources to find that new housing by 
boosting the McKinney Homeless Act to provide funding for battered 
women and their children.
  Anyone who has known someone fleeing a violent relationship or has 
talked

[[Page S5494]]

to advocates knows that safe shelter and housing are the first and 
immediate needs. But women cannot stay in shelters or transitional 
housing indefinitely. Women also need to find work to keep them on that 
path to independence and safety. Our bill protects women in the 
workplace so that they can keep their job and continue to deal with the 
multitude of issues that arise when a woman flees a violent 
relationship.
  All too often, domestic violence follows women to work. According to 
recent studies, between 24 and 30 percent of women surveyed had lost 
their job, due at least in part, to domestic violence. Many victims 
lose their jobs because of their batterer's disruptive behavior. Many 
miss work because they are beaten. Others miss work because their 
abusers force them to stay home.
  Many companies are poorly educated about the impact of domestic 
violence on women at work. Employers may fail to grant sufficient time 
off to attend civil or criminal legal proceedings or for safety 
planning. Some battered women find themselves penalized by their 
abuser's actions when employers dismiss or otherwise sanction employees 
once they learn they are in an abusive relationship One study found 
that 96% of the women who were working while involved in an abusive 
relationship had problems at work. Problems run the gamut from being 
late to missing work to having difficulty performing their job. More 
than 50 percent of these women reported being reprimanded at work for 
such problems and more than a \1/3\ of them said they had lost their 
jobs as a result.
  Our bill allows women to use the Family and Medical Leave Act to take 
time off to deal with the problems arising from leaving a violent 
relationship. Women need to deal with the court and legal system when 
they file for protective orders. Many times women need counseling for 
themselves and their children to support them as they establish a life 
separate from their batterers. Allowing women to use the FMLA to take 
this necessary time off will help women become more productive workers 
and give then the financial independence they need to begin a new, 
violence free life.
  Not only do we need to provide women with the flexibility that they 
need, but need to ensure that their rights are protected should they 
unfairly lose their job. This bill prohibits discrimination against an 
employee based on her status or experience as a victim of domestic 
violence. It recognizes that we need not only policies that prohibit 
discrimination, but teeth to give those policies some bite. Our bill 
would give women the legal means to challenge any discrimination they 
may have faced as a result of being a victim of domestic violence.
  As many of you know, we are still struggling to get all sectors of 
society to understand that domestic violence affects all aspects of a 
battered woman's life. Too many times women who have applied for health 
insurance are denied or charge exorbitant rates when insurance 
companies find out that they are victims of domestic violence. This is 
outrageous! Insurance discrimination penalizes victims of domestic 
violence for the actions of their abusers. Our bill makes sure that 
this form of discrimination will not be allowed.
  VAWA I took the first step in dedicating federal resources to 
addressing the domestic violence crisis, but its focus is law 
enforcement and emergency response. We need to go to the next level to 
truly end violence against women. We need to address their economic 
needs and problems. I believe our legislation meets this test and will 
eliminate many of the economic barriers that trap women and children in 
violent homes and relationships.
  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Battered Women's Economic Security and Safety Act of 1999--Legislative 
                                Summary


                 TITLE I.--Domestic Violence Prevention

       Subtitle A. Domestic Violence and Sexual Assault Victims' 
     Housing.--Makes funding available for supportive housing 
     services through the McKinney Homeless Assistance Act, 
     including rental assistance to victims trying to establish 
     permanent housing safe from the batterer.
       Subtitle B. Full Faith and Credit for Protection Orders.--
     Clarifies VAWA's full faith and credit provisions to ensure 
     meaningful enforcement by states and tribes; provides grants 
     to states and Tribes to improve enforcement and record 
     keeping.
       Subtitle C. Victims of Abuse Insurance Protection.--
     Prohibits discrimination in issuing and administering 
     insurance policies to victims of domestic violence with 
     uniform protection from insurance discrimination.
       Subtitle D. Access to Safety and Advocacy.--Issues grants 
     to provide legal assistance, lay advocacy and referral 
     services to victims of domestic violence who have inadequate 
     access to sufficient financial resources for appropriate 
     legal assistance; includes set-aside for tribes.
       Subtitle E. Battered Women's Shelters and Services.--Amends 
     the Family Violence Prevention and Services Act to authorize 
     $1 billion to battered women's shelters over the next five 
     years; includes additional oversight and review; caps 
     spending for training and technical assistance by State 
     coalitions with the remaining money to go to domestic 
     violence programs; adds new proposals for training and 
     technical assistance; allots money for tribal domestic 
     violence coalitions.).
       Subtitle F. Battered Immigrant Women's Economic Security 
     and Safety--Addresses gaps, errors and oversights in current 
     legislation that impede battered immigrant women's ability to 
     flee violent relationships and survive economically; ensures 
     that battered immigrants with pending immigration 
     applications are able to access public benefits, Food Stamps, 
     SSI, housing, work permits, and immigration relief.


           TITLE II. Violence Against Women and the Workplace

       Subtitle A. National Clearinghouse on Domestic Violence and 
     Sexual Assault and the Workplace Grant.--Establishes 
     clearinghouse and resource center to give information and 
     assistance to businesses, employers and labor organizations 
     in their efforts to develop and implement responses to assist 
     victims of domestic violence and sexual assault.
       Subtitle B. Victims' Employment Rights.--Prohibits 
     employers from taking adverse job actions against an employee 
     because they are the victims of domestic violence, sexual 
     assault or stalking.
       Subtitle C. Workplace Violence Against Women Prevention Tax 
     Credit.--Provides tax credit to businesses implementing 
     workplace safety programs to combat violence against women.
       Subtitle D. Employment Protection for Battered Women.--
     Ensures eligibility for unemployment compensation to women 
     separated from their jobs due to circumstances directly 
     resulting from domestic violence; requires employers who 
     already provide leave to employees to allow employees to use 
     that leave for the purpose of dealing with domestic violence 
     and its aftermath; allows women to use their family and 
     medical leave or existing leave under state law or a private 
     benefits program to deal with domestic abuse, including going 
     to the doctor for domestic violence injuries, seeking legal 
     remedies, attending court hearings, seeking orders of 
     protection and meeting with a lawyer; provides for training 
     of personnel involved in assessing unemployment claims based 
     on domestic violence.


TITLE III.--Protections for Victims of Domestic Violence Under Programs 
                Authorized under the Social Security Act

       Section 301. Waivers for Victims of Domestic Violence under 
     the TANF Program.--Finds that Congressional intent of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 was to allow states to take the effects of 
     domestic violence into consideration by allowing good cause, 
     temporary waivers of the requirements of the program for 
     victims of domestic violence; places no numerical limits upon 
     States in the granting of good cause waivers; provides that 
     individuals granted good cause waivers shall not be included 
     in the participation rate for purposes of applying 
     limitations or imposing penalties on the States; allows for 
     Secretarial review and possible revocation of good cause 
     waivers granted in States where penalties have been imposed.
       Section 302. Disclosure Protections under the Child Support 
     Program.--Protects victims fleeing from domestic violence 
     from disclosure of their whereabouts through the federal 
     child support locator service.
       Section 303. Bonus to Encourage Women and Children's Well-
     Being.--Amends the Social Security Act to provide bonuses to 
     States that demonstrate high performance in operating their 
     State welfare programs by providing recipients and low-income 
     families with adequate access to affordable and quality child 
     care; by effectively placing recipients in sustainable wage, 
     non-traditional employment; and by adequately addressing 
     domestic violence in the lives of recipients of assistance; 
     requires HHS and others to develop a formula for measuring 
     State performance.


                   TITLE IV--Miscellaneous Provisions

       Contains technical amendments to assure access to services 
     by tribal women.

  Mrs. MURRAY. Mr. President, I am pleased to be joined today by 
Senator Wellstone to introduce the Battered Women's Economic Security 
Act. This has been a seven year effort and one that I will continue to 
pursue. I want to thank Senator Wellstone for his efforts on this 
important legislation. I also need to recognize the leadership of

[[Page S5495]]

Senator Biden regarding the Violence Against Women Act. Without his 
work on this historic legislation since 1994, we could not be here 
today talking about the economic needs of victims of domestic violence.
  In 1994, we enacted the landmark Violence Against Women Act. For the 
first time, Congress said violence against women was a national 
disgrace and a public health threat. We had to act. This was no longer 
just a family matter or a family dispute, this was and is a serious 
threat against women and a serious threat to the community. We have had 
police officers in Washington state killed responding to domestic 
violence calls. We have seen too many women in the emergency room and 
too many families devastated by violence.
  VAWA set in motion a national response to this crisis. We are now in 
the process of reauthorizing and strengthening VAWA. This is my major 
priority. Reauthorization of VAWA cements the foundation we need to 
build the structure that will ultimately end domestic violence and 
abuse.
  The Battered Women's Economic Security Act takes the next logical 
step. As a result of the work that I have done concerning family 
violence, I have come to understand that the real long-term solution is 
to tear down the economic barriers that trap women in violent homes and 
relationships.
  Our legislation addresses many of the economic barriers that I know 
force a cycle of violence. I have met with many of the advocates in the 
state of Washington and heard from them first hand, about how these 
barriers make long term security for women and their children 
difficult. From housing to child care to job protection to welfare 
waivers, our legislation attempts to deal with the long term economic 
problems.
  Women should not have to be forced to choose between job security and 
violence. Each year one million individuals become victims of violent 
crimes while working on duty. Men are more likely to be attacked at 
work by a stranger, women are more likely to be attacked by someone 
they know. One-sixth of all workplace homicides of women are committed 
by a spouse, ex-spouse, boyfriend or ex-boyfriend. Boyfriends and 
husbands, both current and former, commit more than 13,000 acts of 
violence against women in the workplace every year. This does not 
include harassment or the threat of violence. Clearly, women face a 
serious threat in the work place and yet if they leave to avoid harm, 
they are denied workers compensation. Perhaps even more offensive is 
the fact that some states require victims of domestic violence to seek 
employment in order to receive TANF benefits. To have any economic 
safety net some women are forced to jeopardize their own safety.
  This is not just an issue that effects victims of domestic violence. 
We all suffer the economic consequences of violence. it has been 
estimated that work place violence resulted in $4.2 billion in lost 
productivity and legal expenses for American businesses. From what I 
have heard from victims and advocates, this is a very conservative 
estimate. The health care costs are also equally staggering. Both the 
American Medical Association (AMA) and the Surgeon General have labeled 
violence against women a public health threat. Violence is the number 
one reason women ages 19 to 35 end up in the emergency room. One out of 
every three women can expect to be the victim of violence at some point 
in her life.
  Our legislation would also prohibit discriminating against victims of 
domestic violence in all lines of insurance. If a woman seeks treatment 
in an Emergency Room and reports this as domestic violence, she should 
not be denied disability or life insurance. If an estranged husband 
burns the house to the ground the woman should not be denied 
compensation simply because it was an act of domestic violence. To say 
that victims of domestic violence engage in high risk behavior similar 
to sky diving or race care driving is simply outrageous. It is the 
ultimate example of blaming the victim.
  Our legislation is not the final solution, but it begins the process 
of addressing long term economic needs. I am hopeful that once we have 
secured reauthorization of VAWA we can begin to focus on these economic 
problems. Without VAWA we have no foundation.
  I will be working with Paul and other Members of the Senate towards 
enactment of key provisions of the bill. I am also committed to 
continuing my work with Senator Biden in an effort to enact Violence 
Against Women Reauthorization during this session.
  I urge all of my colleagues to review the Battered Women's Economic 
Security Act. I encourage all of you to talk to your advocates and your 
police, ask them what issues keep women trapped in a violent home or 
relationship. Ask them what needs to be done to provide long term 
solutions. I know that after careful review and consideration, you will 
reach the same conclusions. There are economic barriers that must be 
torn down. I hope that many of you will join in cosponsoring this 
legislation and work with me to enact this comprehensive solution to 
ending the cycle of violence that too many women and children face 
every day.
                                 ______