[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[Senate]
[Pages S8235-S8236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE (for himself, Mrs. Murray, Mr. Schumer, Mr. 
        Dodd, Mr. Dayton, Mrs. Clinton, and Mr. Inouye):
  S. 1249. A bill to promote the economic security and safety of 
victims of domestic and sexual violence, and for other purposes; to the 
Committee on Finance.
  Mr. WELLSTONE. Mr. President, along with my colleagues, Senators 
Murray, Schumer, Dodd, Dayton, Clinton and Inouye, I am introducing 
legislation that if adopted would have a most profound and even life-
saving effect on people who are victims of domestic and sexual violence 
and their families. It is called the Victims' Economic Security and 
Safety Act. Similar to the Battered Women's Economic Security and 
Safety Act, which I introduced last session, the legislation 
acknowledges that the impact of domestic and sexual violence extends 
far beyond the moment the abuse occurs. It strikes at the heart of 
victims' and their families' economic self sufficiency. As a result, 
many victims are unable to provide for their own or their children's 
safety. Too often they are forced to choose between protecting 
themselves from abuse and keeping a roof over their head. This is a 
choice that no mother should have to make. Nor should any person face 
the double tragedy of first being abused and then losing a job, health 
insurance or any other means of self sufficiency because they were 
abused.
  In response to this cycle of violence and dependence, and in response 
to domestic and sexual violence's devastating impact on a victim's 
financial independence, this legislation would help to ensure the 
economic security of victims of domestic violence, sexual assault and 
stalking so they are better able to provide permanent safety for 
themselves and their children and so they are not forced, because of 
economic dependence, to stay in an abusive relationship. In the fight 
against violence against women, and after the passage of the Violence 
Against Women Act of 2000, this legislation is a next, critical step.
  The link between poverty and domestic and sexual abuse is clear. For 
example, according to the United States Conference of Mayors, domestic 
violence is the fourth leading cause of homelessness. A 2000 study 
conducted by the Manpower Research and Development Corporation of 
Minnesota's welfare program, the Minnesota Family Investment Program, 
showed that 49 percent of single-parent long term recipients were in 
abusive relationships while they were receiving or had recently been 
receiving MFIP benefits. A 1998 GAO study found that when compared with 
women who report never experiencing abuse, women who report having been 
abused experience more spells of unemployment; greater job turnover; 
and significantly higher rates of receipt of welfare, Medicaid and food 
stamps.
  Economic dependence is a clear reason people who are in abusive 
relationships may return to abusers or even may not be able to leave 
abusive situations in the first place. Abusers will go to great lengths 
to sabotage their partner's ability to have a job or get an education 
so that their partners will remain dependent on them. If we want 
battered women and victims of sexual violence to be able to escape the 
dangerous, often life-threatening situations in which they are trapped, 
they need the economic means to do so. Yet, victims of domestic and 
sexual violence face very serious challenges to self-sufficiency every 
day.
  Multiple studies of domestic violence victims who were working while 
being abused found that as many as 60 percent of respondents said they 
had been reprimanded at work for behaviors related to the abuse, such 
as being late to work, and as many as 52 percent said they had lost 
their jobs because of the abuse. Almost 50 percent of sexual assault 
survivors reported they had lost their jobs or were forced to quit in 
the aftermath of the assaults. A study from the National WorkPlace 
Resource Center on Domestic Violence found that abusive husbands and 
partners harass 74 percent of employed battered women at work.
  The effects of this are felt not only by the victims of such abuse 
and their families, but also by employers and the nation as a whole. 
From the perspective of employers, a 1999 CNN report found that 37 
percent of domestic violence victims said that domestic violence 
impacted their ability to do their job and 24 percent said it caused 
them to be late from work. A survey of employers confirmed this--49 
percent of corporate executives said that domestic violence harmed 
their company's productivity. The Bureau of National Affairs has 
estimated that domestic violence costs employers between $3 billion and 
$5 billion in lost time and productivity each year. Ninety-four percent 
of corporate security and safety directors at companies nationwide rank 
domestic violence as a high security concern, and homicide continues to 
be the leading cause of death of women in the workplace. The United 
States Department of Labor, in 2000 reported that Domestic Violence 
accounted for 27 percent of all incidents of workplace violence.
  More generally, prior to 1994, the Congress gathered years of 
testimony and evidence as to the negative impact of gender violence in 
the national economy and found that gender violence costs the economy 
$10 billion per year.
  Victims need to be able to deal with these problems without fear of 
being fired and without fear of losing their livelihoods and their 
children's livelihoods. Corporations, too, need to be able to ensure 
their employee's safety and productivity. That is the goal of this 
legislation. VESSA would help break down the economic barriers that 
prevent victims from leaving their batterer or abuser, protect victims 
from violence in the workplace and mitigate the negative economic 
effects of violence on employers and on the national economy.

  The bill would provide emergency leave for employees who need to 
address the effects of domestic and sexual assault. That way, if a 
victim had to go to court to get a restraining order or leave work to 
find shelter, the victim could take limited leave without facing the 
prospect of being fired, demoted or financially penalized.
  The bill would also extend unemployment compensation to people who 
are forced to leave their job to provide for their safety or their 
children's safety. As mentioned above, homicide is the leading cause of 
death for women in the workplace, 15 percent of these deaths are due to 
domestic violence, 11 percent of all rapes occur at the workplace. 
These grim statistics do not begin to address the many women that are 
physically injured or otherwise harassed at work each day. Often, the 
only way to escape that kind of brutal stalking is for a victim to 
leave her job so she can relocate to a safer place. In circumstances in 
which a victim is forced to leave a job to ensure her own safety, 
unemployment compensation should be available to her, so that she does 
not have to make the terrible choice of risking her safety to ensure 
her livelihood.

[[Page S8236]]

  Further, VESSA would prohibit discrimination in employment against 
victims because of domestic and sexual assault. Victims should not be 
fired or passed over for promotions for reasons beyond their control. 
Maintaining a victim's dependence is the insidious goal of an abuser. 
The abuser must never be rewarded for his crime and a victim should 
never face severe punishment because of being abused.
  The bill would also prohibit insurance providers from discriminating 
against such victims because of a history of domestic and sexual 
assault. Such discrimination only forces people to lie about their 
victimization and avoid medical treatment until it is too late. It 
punishes victims for a perpetrator's crime.
  Finally, the bill recognizes the positive role that companies can 
play in helping victims of domestic and sexual violence at the same 
time that they can increase their own productivity. It would provide a 
tax credit to businesses that implement workplace safety and education 
programs to combat violence against women.
  For women attempting to escape a violent environment, this 
legislation could be a lifeline. I urge that all my colleagues support 
it so that we can help ensure that no more women are forced to trade 
their family's personal safety for their economic livelihood. I urge 
that my colleagues support it so that no more women have to face the 
double violation of first being assaulted and second losing their job 
or their self-sufficiency because of it. In what seems to many like a 
hopeless situation, we can take very strong actions to improve the 
safety and the lives of the millions of victims of domestic and sexual 
violence. The cycle too many people face can end. Today we have the 
opportunity not just to help victims escape violence, but also to 
provide for so many people a light at the end of a very dark tunnel. 
Today we can give victims hope that they will not only survive, but 
that they will be able to maintain or regain their independence and 
have a safe, happy and productive future. I urge my colleagues to join 
me in support of this bill and to cosponsor this bill.
  Mrs. MURRAY. Mr. President, I am proud to join with my colleagues, 
Senators Wellstone and Schumer, to introduce the Victims Economic 
Safety and Security Act, VESSA. VESSA will help our country take the 
next step forward to protest victims of domestic violence. In 1994, our 
country took a dramatic step forward by passing the historic Violence 
Against Women Act, VAWA. This landmark legislation brought together 
social service providers, victim advocates, law enforcement, and the 
courts to respond to the immediate threat of violence. VAWA has been a 
success in meeting the immediate challenges. But there is still work to 
be done.
  Between 1993 and 1998 the average annual number of physical attacks 
on intimate partners was 1,082,110. Eighty-seven percent of these were 
committed against women. According to recent government estimates, more 
than 900,000 women are raped every year in the United States. Women who 
are victims of abuse are especially vulnerable to changes in 
employment, pay, and benefits. Because of these factors they need legal 
protection.
  Today, it's time to take the next step. Our bill will protect victims 
who are forced to flee their jobs. Today a woman can receive 
unemployment compensation if she leaves her job because her husband 
must relocate. But if that same woman must leave her job because she's 
fleeing abuse, she can't receive unemployment compensation. That's 
wrong, and our bill will protect those victims.
  Our bill will also protect victims by allowing them unpaid time to 
get the help they need. Today, a woman can use the Family Medical Leave 
Act, FMLA, to care for a sick or injured spouse. But a woman cannot use 
FMLA leave to go to court to stop abuse. Our bill will correct these 
fatal flaws.
  Finally, our bill will protect victims of domestic violence from 
insurance discrimination. Insurance companies have classified domestic 
violence as a high risk behavior. That punishes women who are victims. 
Once again, women must sacrifice their economic safety net if they 
choose to come forward and seek help from violence. Title IV of VESSA 
would prohibit discrimination in all lines of insurance against victims 
of domestic violence, stalking and sexual assault.
  I am proud of the guidance we've received from advocates in crafting 
this legislation. I want to thank them for their efforts and their 
commitment to breaking the cycle of violence. I want to particularly 
acknowledge the efforts of the advocates in Washington State who have 
provided invaluable input in drafting this legislation. Without the 
grassroots support for our communities, we couldn't have passed VAWA in 
the first place. Their support and leadership will help us take this 
critical next step in passing VESSA.

                          ____________________