Paul Wellstone

Mr. WELLSTONE

Mr. WELLSTONE. I object.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, if I could just say this. I announced last week that as a part of the Violence Against Women Act we now have a national domestic violence hotline. Senator Biden, of course, did so much work on this, as did many others. Every day I come out and show this. It is 1-800-799-SAFE; and the TTD number for the hearing-impaired is 1-800-787-3224. Mr. President, I spoke about this issue last week. But every day I want to announce this number for women and children and those who need to make this call. I thank the Chair.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I am very pleased to be joined by Senator Ron Wyden today in introducing the Victims of Abuse Insurance Protection Act, legislation that will outlaw discrimination by insurance companies against the victims of domestic violence in all lines of insurance. With this legislation, we are trying to correct an abhorrent practice by many insurance companies--the denial of coverage to battered women. It is plain, old fashioned discrimination. It is profoundly unjust and wrong. And, it is the worst of blaming the victim. Denying women access to the insurance they require to foster their mobility out of an abusive situation must be stopped. There are many stories of women who have been physically abused and have sought proper medical care only to be turned away by insurance companies who said they were too high risk to insure. In Minnesota, three insurance companies denied an entire women's shelter insurance because, ``as a battered women's shelter, we were high risk.'' The Women's Shelter in Rochester, MN, was told that it was considered uninsurable because its employees are almost all battered women. Another shelter in rural Minnesota purchased a car so that women and children in danger who were trying to leave an abusive situation could use this anonymous vehicle and thus the abuser could not track their automobile to find them. The shelter could not find a company to provide them with automobile insurance once the companies knew of the risks surrounding battered women. A woman in Iowa named Sandra was denied life insurance after the company found out that she had been beaten up twice. In one incident, she had been so badly beaten by an ex-boyfriend that her cheekbones were splintered, and one of her eyes had to be put back in its socket. Her mother, Mary, was the one who originally applied for the life insurance policy, explaining I didn't ask for a lot of coverage. I just wanted to apply for thousand dollar coverage, just enough that if something happened, God forbid, that we could at least bury her. Mary was angry about the denial, so she wrote to State officials and the Iowa Insurance Commissioners Office tried to intervene on their behalf. In four separate letters, the insurance company officials stated they denied the coverage because of a history of assaults. In one letter they defended their decision by citing numerous documents which showed that people involved in domestic violence incidents are at a higher risk of death and injury than others, and, therefore, not a good risk. There are so many stories about victims of domestic abuse being denied fire insurance, homeowners insurance, life insurance, and health insurance--denied because they were victims of a crime. Domestic violence is the leading cause of injury to women, more common than auto accidents, muggings, and rapes by a stranger combined. It is the No. 1 reason that women go to emergency rooms. This bill goes a long way toward treating domestic violence as the crime that it is--not a voluntary risky behavior that can be easily changed and not as a preexisting condition. Insurance company policies that deny coverage to victims only serve to perpetuate the myth that victims are responsible for their abuse. In order to address the practice of insurers using domestic violence as a basis for determining whom to cover and how much to charge with respect to health, life, disability, homeowners and auto insurance, this legislation prohibits insurance companies from discriminating against victims in any of the following ways: Denying or terminating insurance; limiting coverage or denying claims; charging higher premiums; or terminating health coverage for victims of abuse in situations where coverage was originally issued in the abuser's name, and acts of the abuser would cause the victim to lose coverage. This legislation also keeps victims' information confidential by prohibiting insurers from improperly using, disclosing, or transferring abuse-related information for any purpose unrelated to the direct provision of health care services. Mr. President, insurance companies should not be allowed to discriminate against anyone for being a victim of domestic violence. We may never know the full extent of the problem, but it is grossly unfair practice and should be prohibited. I ask unanimous consent that the full text of the bill be printed in the Record.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, last week I came to the floor to announce the realization of another component of our initiative to prevent violence against women--the National Domestic Violence Hotline. At that time, I indicated that I would come to the floor every day for 2 weeks, whenever my colleagues would be kind enough to give me about 30 seconds of time, to read off the 800 number to the hotline. The toll free number, 1-800-799-SAFE, will provide immediate crisis assistance, counseling, and local shelter referrals to women across the country, 24 hours a day. There is also a TDD number for the hearing impaired, 1-800-787-3224. Mr. President, roughly 1 million women are victims of domestic violence each year and battering may be the single most common cause of injury to women--more common than auto accidents, muggings, or rapes by a stranger. According to the FBI, one out of every two women in America will be beaten at least once in the course of an intimate relationship. The FBI also speculates that battering is the most underreported crime in the country. It is estimated that the new hotline will receive close to 10,000 calls a day. I hope that the new National Domestic Violence Hotline will help women and families find the support, assistance, and services they need to get out of homes where there is violence and abuse. Mr. President, once again, the toll free number is 1-800-799-SAFE, and 1-800-787-3224, for the hearing impaired.

Mr. WELLSTONE

Mr. WELLSTONE. I thank my colleague. I thank the Senator from South Carolina. Mr. President, I ask my colleagues to consider the faces of people who will be hurt by this provision. Think of LeeAnn Gryc from my State of Minnesota who was 4 years old when the pajamas she was wearing ignited, leaving her with second and third degree burns over 20 percent of her body. An official with the company that made the pajamas had written a memo 14 years earlier stating that because the material they used was so flammable the company was ``sitting on a powder keg.'' This bill contains a cap on the punitive damages a plaintiff could receive. How would this affect LeeAnn? We are talking about people, we are talking about consumers. They may not be the heavy hitters, or the big players, but that is who we are talking about. It all depends on what kind of compensatory damages the jury awards. Are we really willing to sit here in Washington and dictate to LeeAnn and other victims of defective products how much is enough to punish and deter the people who hurt them? The jury's role. By capping punitive damages this bill takes power out of the hands of the jury. This particularly confounds me. People on juries are fine when they are electing Members of the Senate to their jobs. But apparently some of my colleagues do not trust them to sit in judgment of their peers. They sit in judgment of us, do they not? Are they not usually the finders of facts? How is it that they lose their competence in the short trip from the ballot box to the jury box? Elimination of joint liability. In Minnesota we struggled with this problem and we have come to a middle ground. Joint liability only applies to wrongdoers who are over 15 percent responsible. But this bill would say that Minnesota's solution is not good enough. This bill would preempt Minnesota's law with an extreme measure, one that my State at least has chosen not to embrace. Again, Mr. President, real people, faces I would like my colleagues to see before they vote. Nancy Winkleman, a Minnesotan I met last year who was in a car crash. Because a defective car underride bar failed to operate properly, the hood of her car went under the back of a truck and the passenger compartment came into direct contact with the rear end of the larger vehicle. Without the benefit of her car's own bumper to protect her, she was severely injured, losing part of her tongue and virtually all of her lower jaw. Despite reconstructive surgery, her face and ability to speak will never be the same. I cannot imagine the pain that Nancy must have undergone or the pain that she undergoes every day, nor can my colleagues. If one of the responsible parties in her case was unable to pay their fair share, should she go uncompensated for some of that pain or should the other responsible parties have to make it up? Unless you are certain, colleagues, that it is more important to protect those other parties, who usually have been found to be negligent, than to compensate Nancy for her pain, you should not support this bill. If you do, you will be hurting real people, you will be hurting real people. Statute of repose now cut down to 15 years. Jimmy Hoscheit was a boy at work on his family farm when he was hurt. I met Jimmy last year when he was in my office telling me his story. He was using common farm machinery, consisting of a tractor, a mill, and a blower, all linked together with a power transfer system, much like the drivetrain on a truck. The power of the tractor was transferred to the other equipment by way of a spinning shaft, a shaft covered by a freely spinning metal sleeve. The sleeve is on bearings so if you were to grab the sleeve, it would stop moving, while the shaft inside would continue to powerfully rotate at a very high speed. Apparently when Jimmy leaned over the shaft to pick up a shovel, his jacket touched the sleeve and got caught on it. However, instead of spinning free on the internal shaft, the sleeve somehow was bound to the shaft, became wrapped in Jimmy's jacket and tore Jimmy's arms off. His father found him flat on his back on the other side of the shaft. The manufacturer could have avoided all of this if it just provided a simple and inexpensive chain to anchor the shaft to the tractor. I ask you, should Jimmy be able to bring suit against the manufacturer? What if the product was over 15 years old? Does that make his injury and his pain any less severe? A similar question can be asked about 6-year-old Katie Fritz, another Minnesotan whose family I was privileged to meet when we began consideration of the bill. This is about real people. Katie was killed when a defective garage door opener failed to reverse direction, pinning her under the door, and crushing the breath out of her. We do not know how long some of these machines can last. If that garage was at a business and was over 20 years old, Katie's family could not have sued the manufacturer. There would not be any question of capping punitive damages or having joint liability for noneconomic damages. They simply would not be allowed to the courthouse door. Mr. President--the big picture--on behalf of people like LeeAnn, Jimmy, Katie, Nancy, real people, consumers, I urge my colleagues to reach into their hearts and do the right thing, and to reject this bill. I yield the floor. Mr. HOLLINGS addressed the Chair.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I am very pleased to be joined by Senator Ron Wyden today in introducing the Victims of Abuse Insurance Protection Act, legislation that will outlaw discrimination by insurance companies against the victims of domestic violence in all lines of insurance. With this legislation, we are trying to correct an abhorrent practice by many insurance companies--the denial of coverage to battered women. It is plain, old fashioned discrimination. It is profoundly unjust and wrong. And, it is the worst of blaming the victim. Denying women access to the insurance they require to foster their mobility out of an abusive situation must be stopped. There are many stories of women who have been physically abused and have sought proper medical care only to be turned away by insurance companies who said they were too high risk to insure. In Minnesota, three insurance companies denied an entire women's shelter insurance because, ``as a battered women's shelter, we were high risk.'' The Women's Shelter in Rochester, MN, was told that it was considered uninsurable because its employees are almost all battered women. Another shelter in rural Minnesota purchased a car so that women and children in danger who were trying to leave an abusive situation could use this anonymous vehicle and thus the abuser could not track their automobile to find them. The shelter could not find a company to provide them with automobile insurance once the companies knew of the risks surrounding battered women. A woman in Iowa named Sandra was denied life insurance after the company found out that she had been beaten up twice. In one incident, she had been so badly beaten by an ex-boyfriend that her cheekbones were splintered, and one of her eyes had to be put back in its socket. Her mother, Mary, was the one who originally applied for the life insurance policy, explaining I didn't ask for a lot of coverage. I just wanted to apply for thousand dollar coverage, just enough that if something happened, God forbid, that we could at least bury her. Mary was angry about the denial, so she wrote to State officials and the Iowa Insurance Commissioners Office tried to intervene on their behalf. In four separate letters, the insurance company officials stated they denied the coverage because of a history of assaults. In one letter they defended their decision by citing numerous documents which showed that people involved in domestic violence incidents are at a higher risk of death and injury than others, and, therefore, not a good risk. There are so many stories about victims of domestic abuse being denied fire insurance, homeowners insurance, life insurance, and health insurance--denied because they were victims of a crime. Domestic violence is the leading cause of injury to women, more common than auto accidents, muggings, and rapes by a stranger combined. It is the No. 1 reason that women go to emergency rooms. This bill goes a long way toward treating domestic violence as the crime that it is--not a voluntary risky behavior that can be easily changed and not as a preexisting condition. Insurance company policies that deny coverage to victims only serve to perpetuate the myth that victims are responsible for their abuse. In order to address the practice of insurers using domestic violence as a basis for determining whom to cover and how much to charge with respect to health, life, disability, homeowners and auto insurance, this legislation prohibits insurance companies from discriminating against victims in any of the following ways: Denying or terminating insurance; limiting coverage or denying claims; charging higher premiums; or terminating health coverage for victims of abuse in situations where coverage was originally issued in the abuser's name, and acts of the abuser would cause the victim to lose coverage. This legislation also keeps victims' information confidential by prohibiting insurers from improperly using, disclosing, or transferring abuse-related information for any purpose unrelated to the direct provision of health care services. Mr. President, insurance companies should not be allowed to discriminate against anyone for being a victim of domestic violence. We may never know the full extent of the problem, but it is grossly unfair practice and should be prohibited. I ask unanimous consent that the full text of the bill be printed in the Record.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I am very pleased to vote for this bill, reported out of the Small Business Committee 2 weeks ago. I commend Chairman Bond for moving the bill through our Committee, as well as ranking member Senator Bumpers. I appreciate the cooperation of both in working with me and my staff to help ensure that the easing of regulatory burden accomplished in this bill, which is needed and desirable, will not turn back the clock in the area of necessary enforcement of worker safety laws and regulations when there are serious violations. The bill provides judicial review for agency actions under the Regulatory Flexibility Act. And it would require agencies to publish plain-English compliance guides to help small business meet Government rules. I appreciate that the Senate is taking this positive, bipartisan action in the area of regulatory reform policy with a bill that came from the Small Business Committee. It brings badly needed common sense to regulations affecting small businesses. Mr. President, it is important that we take this step on a key item from the agenda of the White House Conference on Small Business. Minnesota delegates to the White House Conference selected this issue, as expressed in a Conference resolution, to be one of their top priorities.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, at the end of last week I came to the floor and talked about the Violence Against Women Act. I announced that we now set up an important hotline, and that every day on the floor of the Senate I wanted to just announce this number for families in our country. This is the National Domestic Violence Hotline, and the number is 1-800-799-SAFE. There is also a TTD number for the hearing-impaired, and that is 1-800-787-3224. Mr. President, I talked about domestic violence last week. I will not take the time today. But I would like for the next couple of weeks to get about 30 seconds every day to announce this number. Again, for those that are watching C-SPAN, the National Domestic Violence Hotline is 1-800-799-SAFE, and the TTD number for the hearing- impaired is 1-800-787-3224. If a woman feels she needs help because she is being beaten or her children are being beaten, she is being battered, this is the number to call. There are people who are skillful; there are people who understand this issue. Because of this hotline, there is help for women, there is help for children, there is help for families in this country. Mr. President, I thank the Chair, and I suggest the absence of a quorum.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I ask unanimous consent to add Senators Dodd, Moynihan, Kerry, and Moseley-Braun as additional cosponsors.

Mr. WELLSTONE. Mr. President, I ask for the yeas and nays.

Mr. WELLSTONE. Thank you, Mr. President.

Mr. WELLSTONE. Mr. President, I ask unanimous consent to speak as in morning business for just a few minutes.

Mr. WELLSTONE. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WELLSTONE. Mr. President, I proposed this amendment with Senators Specter, Santorum, Jeffords, and Harkin. This amendment has two parts to it. It urges the Senate to maintain the Senate position going into the conference committee on the energy assistance program, which the House has attempted to eliminate. It urges the President to release emergency energy assistance money, which he already has under the LIHEAP program. This is a sense-of-the-Senate amendment. It is extremely important, not just for cold-weather States, but also for some of the Southern States that have experienced cold weather this winter. I yield to the Senator from Pennsylvania.

Mr. WELLSTONE. Mr. President, I move to reconsider the vote.

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I thank my colleague for his graciousness in allowing me some time to announce the realization of another component of our initiative to prevent violence against women: the national domestic violence hotline. The hotline, which officially opened on February 24, signifies the realization of the key provision of the Violence Against Women Act passed by the Congress as part of the 1994 crime bill. I urge my colleagues, as we go into appropriations, to continue to fully fund this. The toll-free number is 1-800-799-SAFE. This will provide immediate crisis assistance counseling and local shelter referrals to women across the country 24 hours a day. And for women that are watching right now on C-SPAN, again, I want to repeat this number: 1-800-799-SAFE. There is also a TDD number for the hearing impaired: 1-800-787-3224. The hotline will help to ensure that any person suffering due to violence in their home will have immediate access to information and emergency assistance whenever they need it. This is an important part of our initiative to end the family violence that has such devastating consequences for women, children, and families in Minnesota and throughout the country. Roughly 1 million women are victims of domestic violence each year, and battering may be the single most common cause of injury to women-- more common than auto accidents, muggings, or rapes by a stranger. According to the FBI, one out of every two women in America will be beaten at least once in the course of an intimate relationship--one out of every two women in America. The FBI also speculates that battering is the most underreported crime in the country. It is estimated that the new hotline will receive close to 10,000 calls a day. And for all women that are watching, again, the number is 1-800-799-SAFE, and the TDD number for the hearing impaired is 1-800-787-3224. Mr. President, my wife, Sheila, speaks about domestic violence all around Minnesota. Sheila was speaking in southern Minnesota 2 days before the hotline opened. She spoke with a woman who had been living in New York with her abusive husband and 5-month-old child. Her husband had moved to New York following their marriage, and he kept his wife and child very isolated there. The husband was very controlling and made it impossible for his wife to socialize, make friends, or have a job. He checked on her all the time to make sure that she was at home with their baby. In addition to beating her routinely and savagely, he took out a life insurance policy on her. So she lived in constant fear of being killed. This woman told Sheila that every time she opened the apartment door, she was sure someone would be on the other side with a shotgun. Her husband at one time had been out of town on a business deal. He left in the afternoon and planned on returning the following morning. After he left, she decided that it was her only chance to get away. Panicked and pressed for time, she called a local hotline number but found it was disconnected. She was devastated. She called the legal aid society in New York City and was initially told that they could not help her. Out of sheer desperation, Mr. President, she persisted with legal aid and was finally given a local agency phone number. Calling the local agency, the woman informed them that she wanted to return home to Minnesota. They were able to access a computer and put her in touch with a battered women shelter in her hometown. She and her baby were on a plane the next morning before her husband got home. Mr. President, this woman was lucky. She was able to find the information she needed. But how much better it would have been if the hotline had been up and running to give her the information immediately. Unfortunately, some women might not have the whole day to track down information. I think this shows how crucial the national network like the hotline will be for keeping women and children safe--even, literally, saving their lives. When a woman calls the hotline, her call will be answered by a counselor who can provide crisis assistance and who can also access a nationwide data base and provide the caller with up-to-date information about shelters and other services in her community. If the caller wishes, the hotline counselor can even transfer her call to a local counselor. Because the hotline is toll-free, women can call in complete privacy, never having to fear a long-distance number will appear on their telephone bill and, therefore, alert an abusive partner. Help is also available in Spanish and other languages. I hope that the new national domestic violence hotline will help women and families find the support, the assistance, and the services they need to get out of homes where there is violence and abuse. In addition to establishing networks between counselors, shelter workers, law enforcement officers, and service providers, the hotline will help make sure that anyone who is not safe in their home has access to their services. Mr. President, once again, the toll free number from the floor of the U.S. Senate is 1-800-799-SAFE, and for those that are hearing impaired, the number is 1-800-787-3224. What I wish to do with the indulgence of my colleagues is for the next several weeks come to the floor of the Senate at least once a day when I can find the time--and I will find the time because this is a priority--to read this number. It is important that as many women and as many children and as many families as possible understand this new initiative. It is very important to making sure that women and children have the protection they needed. I yield the floor. Mr. CHAFEE addressed the Chair.

Mr. WELLSTONE

Mr. WELLSTONE. Is that the Senator's understanding?

Mr. WELLSTONE. Mr. President, reserving the right to object, I wanted to ask the Senator, does this mean that it is--in terms of this agreement, I gather that the leaders can offer amendments for Senators if they were not here before 8 if those amendments had been on the list as part of the original agreement?

Mr. WELLSTONE. I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 3520

Mr. WELLSTONE

Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. WELLSTONE. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. WELLSTONE. Mr. President, in a moment, I am going to send an amendment to the desk. This is a sense-of-the-Senate amendment. I will read this: To urge the President to release already-appropriated fiscal year 1996 emergency funding for home heating and other energy assistance, and to express the sense of the Senate on advanced-appropriated funding for fiscal year 1997. I am working with colleagues on both sides of the aisle, and later on I think we will be able to work out an agreement, and I can summarize it at that point. My understanding is that we need to get amendments in. I ask unanimous consent that the pending amendment be set aside.

Mr. WELLSTONE. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. WELLSTONE

Mr. WELLSTONE. Madam President, there are two Senators out here speaking on an amendment. They have a right to be heard. May we have order here?

Mr. WELLSTONE. Madam President, can we have order in the Chamber?