I 

108TH CONGRESS 

1ST SESSION H. R. 3420

To promote the economic security and safety of victims of domestic and 

sexual violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2003

Ms. ROYBAL-ALLARD (for herself, Mrs. MALONEY, Mr. ABERCROMBIE, Mr. 

DAVIS of Illinois, Mr. FARR, Mr. GREEN of Texas, Mr. GUTIERREZ, Mr. 

HINOJOSA, Mrs. JONES of Ohio, Ms. KAPTUR, Mr. KIND, Mrs. MCCARTHY of New York, Mr. MCGOVERN, Mr. MCNULTY, Mr. MOORE, Mrs. 

NAPOLITANO, Ms. NORTON, Mr. OWENS, Mr. PALLONE, Mr. REYES, Mr. 

SANDLIN, Ms. SCHAKOWSKY, Mr. SERRANO, Mr. STARK, Mrs. 

TAUSCHER, Ms. WATSON, Mr. WEINER, Mr. WU, Ms. BALDWIN, Ms. 

MCCOLLUM, Ms. WATERS, Ms. BERKLEY, and Mr. KUCINICH) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce, and in addition to the Committees on Ways and Means, 

and Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL

To promote the economic security and safety of victims of 

domestic and sexual violence, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Security and Financial Empowerment Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR 

ADDRESSING DOMESTIC OR SEXUAL VIOLENCE 

Sec. 101. Purposes. 

Sec. 102. Entitlement to emergency leave for addressing domestic or sexual violence. 

Sec. 103. Existing leave usable for addressing domestic or sexual violence. 

Sec. 104. Emergency benefits. 

Sec. 105. Effect on other laws and employment benefits. 

Sec. 106. Conforming amendments. 

Sec. 107. Effective date. 

TITLE II—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 

FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL ASSAULT, OR STALKING 

Sec. 201. Purposes. 

Sec. 202. Unemployment compensation and training provisions. 

TITLE III—VICTIMS’ EMPLOYMENT SUSTAINABILITY 

Sec. 301. Short title. 

Sec. 302. Purposes. 

Sec. 303. Prohibited discriminatory acts. 

Sec. 304. Enforcement. 

Sec. 305. Attorney’s fees. 

TITLE IV—VICTIMS OF ABUSE INSURANCE PROTECTION 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Discriminatory acts prohibited. 

Sec. 404. Insurance protocols for subjects of abuse. 

Sec. 405. Reasons for adverse actions. 

Sec. 406. Life insurance. 

Sec. 407. Subrogation without consent prohibited. 

Sec. 408. Enforcement. 

Sec. 409. Effective date. 

TITLE V—WORKPLACE SAFETY PROGRAM TAX CREDIT 

Sec. 501. Credit for costs to employers of implementing workplace safety programs. 

TITLE VI—NATIONAL CLEARINGHOUSE ON DOMESTIC AND 

SEXUAL VIOLENCE IN THE WORKPLACE GRANT 

Sec. 601. National clearinghouse on domestic and sexual violence in the workplace grant. 
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TITLE VII—SEVERABILITY 

Sec. 701. Severability.

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Domestic violence crimes account for ap4 proximately 15 percent of total crime costs in the 

5 United States each year. 

6 (2) Violence against women has been reported 

7 to be the leading cause of physical injury to women. 

8 Such violence has a devastating impact on women’s 

9 physical and emotional health and financial security. 

10 (3) According to a recent National Institutes of 

11 Health—Centers for Disease Control and Prevention 

12 study, each year there are 5,300,000 non-fatal vio13 lent victimizations committed by intimate partners 

14 against women. Female murder victims were sub15 stantially more likely than male murder victims to 

have been killed by an intimate partner. About 1 16 ⁄3 of 

17 female murder victims, and about 4 percent of male 

18 murder victims, were killed by an intimate partner. 

19 (4) According to recent government estimates, 

20 approximately 987,400 rapes occur annually in the 

21 United States, 89 percent of the rapes perpetrated 

22 against female victims. Since 2001, rapes have actu23 ally increased by 4 percent. 
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1 (5) Approximately 10,200,000 people have been 

2 stalked at some time in their lives. Four out of every 

3 5 stalking victims are women. Stalkers harass and 

4 terrorize their victims by spying on the victims, 

5 standing outside their places of work or homes, mak6 ing unwanted phone calls, sending or leaving un7 wanted letters or items, or vandalizing property. 

8 (6) Employees in the United States who have 

9 been victims of domestic violence, dating violence, 

10 sexual assault, or stalking too often suffer adverse 

11 consequences in the workplace as a result of their 

12 victimization. 

13 (7) Victims of domestic violence, dating vio14 lence, sexual assault, and stalking are particularly 

15 vulnerable to changes in employment, pay, and bene16 fits as a result of their victimizations, and are, 

17 therefore, in need of legal protection. 

18 (8) The prevalence of domestic violence, dating 

19 violence, sexual assault, stalking, and other violence 

20 against women at work is dramatic. About 36,500 

21 individuals, 80 percent of whom are women, were 

22 raped or sexually assaulted in the workplace each 

23 year from 1993 through 1999. Half of all female 

24 victims of violent workplace crimes know their 

25 attackers. Nearly 1 out of 10 violent workplace inci-
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1 dents are committed by partners or spouses. Women 

2 who work for State and local governments suffer a

3 higher incidence of workplace assaults, including 

4 rapes, than women who work in the private sector. 

5 (9) Homicide is the leading cause of death for 

6 women on the job. Husbands, boyfriends, and ex7 partners commit 15 percent of workplace homicides 

8 against women. 

9 (10) Studies indicate that between 35 and 56 

10 percent of employed battered women surveyed were 

11 harassed at work by their abusive partners. 

12 (11) According to a 1998 report of the General 

Accounting Office, between 1⁄4 and 1 13 ⁄2 of domestic 

14 violence victims surveyed in 3 studies reported that 

15 the victims lost a job due, at least in part, to domes16 tic violence. 

17 (12) Women who have experienced domestic vi18 olence or dating violence are more likely than other 

19 women to be unemployed, to suffer from health 

20 problems that can affect employability and job per21 formance, to report lower personal income, and to 

22 rely on welfare. 

23 (13) Abusers frequently seek to control their 

24 partners by actively interfering with their ability to 

25 work, including preventing their partners from going 
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1 to work, harassing their partners at work, limiting 

2 the access of their partners to cash or transpor3 tation, and sabotaging the child care arrangements 

4 of their partners. 

(14) More than 1 5 ⁄2 of women receiving welfare 

6 have been victims of domestic violence as adults and 

between 1⁄4 and 1 7 ⁄3 reported being abused in the last 

8 year. 

9 (15) Victims of intimate partner violence lose 

10 8,000,000 days of paid work each year—the equiva11 lent of over 32,000 full-time jobs and 5,600,000 

12 days of household productivity. 

13 (16) Sexual assault, whether occurring in or out 

14 of the workplace, can impair an employee’s work 

15 performance, require time away from work, and un16 dermine the employee’s ability to maintain a job. Al17 most 50 percent of sexual assault survivors lose their 

18 jobs or are forced to quit in the aftermath of the as19 saults. 

20 (17) More than 35 percent of stalking victims 

21 report losing time from work due to the stalking and 

22 7 percent never return to work. 

23 (18)(A) According to the National Institute of 

24 Justice, crime costs an estimated $450,000,000,000 

25 annually in medical expenses, lost earnings, social 
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1 service costs, pain, suffering, and reduced quality of 

2 life for victims, which harms the Nation’s produc3 tivity and drains the Nation’s resources. 

4 (B) Violent crime accounts for 

5 $426,000,000,000 per year of this amount. 

6 (C) Rape exacts the highest costs per victim of 

7 any criminal offense, and accounts for 

8 $127,000,000,000 per year of the amount described 

9 in subparagraph (A). 

10 (19) Violent crime results in wage losses equiv11 alent to 1 percent of all United States earnings, and 

12 causes 3 percent of the Nation’s medical spending 

13 and 14 percent of the Nation’s injury-related med14 ical spending. 

15 (20) The Bureau of National Affairs has esti16 mated that domestic violence costs United States 

17 employers between $3,000,000,000 and 

18 $5,000,000,000 annually in lost time and produc19 tivity, while other reports have estimated the cost at 

20 between $5,800,000,000 and $13,000,000,000 annu21 ally. 

22 (21) United States medical costs for domestic 

23 violence have been estimated to be $31,000,000,000 

24 per year. 
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1 (22) Surveys of business executives and cor2 porate security directors also underscore the heavy 

3 toll that workplace violence takes on women, busi4 nesses, and interstate commerce in the United 

5 States. 

6 (23) Ninety-four percent of corporate security 

7 and safety directors at companies nationwide rank 

8 domestic violence as a high security concern. 

9 (24) Forty-nine percent of senior executives re10 cently surveyed said domestic violence has a harmful 

11 effect on their company’s productivity, 47 percent 

12 said domestic violence negatively affects attendance, 

13 and 44 percent said domestic violence increases 

14 health care costs. 

15 (25) Only 25 States have laws that explicitly 

16 provide unemployment insurance to domestic vio17 lence victims in certain circumstances, and none of 

18 the laws explicitly cover victims of sexual assault or 

19 stalking. 

20 (26) Only 6 States provide domestic violence 

21 victims with leave from work to go to court, to the 

22 doctor, or to take other steps to address the domes23 tic violence in their lives, and only Maine provides 

24 such leave to victims of sexual assault and stalking. 
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1 (27) No States prohibit employment discrimina2 tion against victims of domestic violence, sexual as3 sault, or stalking. Five States provide limited protec4 tion to some victims under certain circumstances. 

5 (28) Employees, including individuals partici6 pating in welfare to work programs, may need to 

7 take time during business hours to—

8 (A) obtain orders of protection; 

9 (B) seek medical or legal assistance, coun10 seling, or other services; or 

11 (C) look for housing in order to escape 

12 from domestic violence. 

13 (29) Domestic and sexual violence victims have 

14 been subjected to discrimination by private and 

15 State employers, including discrimination motivated 

16 by sex and stereotypic notions about women. 

17 (30) Domestic violence victims and third parties 

18 who help them have been subjected to discriminatory 

19 practices by health, life, disability, and property and 

20 casualty insurers and employers who self-insure em21 ployee benefits who have denied or canceled cov22 erage, rejected claims, and raised rates based on do23 mestic violence. Although some State legislatures 

24 have tried to address these problems, the scope of 

25 protection afforded by the laws adopted varies from 
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1 State to State, with many failing to address the 

2 problem comprehensively. Moreover, Federal law

3 prevents States from protecting the almost 40 per4 cent of employees whose employers self-insure em5 ployee benefits. 

6 (31) Existing Federal law does not explicitly—

7 (A) authorize victims of domestic violence, 

8 dating violence, sexual assault, or stalking to 

9 take leave from work to seek legal assistance 

10 and redress, counseling, or assistance with safe11 ty planning activities; 

12 (B) address the eligibility of victims of do13 mestic violence, dating violence, sexual assault, 

14 or stalking for unemployment compensation; 

15 (C) prohibit employment discrimination 

16 against actual or perceived victims of domestic 

17 violence, dating violence, sexual assault, or 

18 stalking; or 

19 (D) prohibit insurers and employers who 

20 self-insure employee benefits from discrimi21 nating against domestic violence victims and 

22 those who help them in determining eligibility, 

23 rates charged, and standards for payment of 

24 claims; nor does it prohibit insurers from disclo25 sure of information about abuse and the vic-
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1 tim’s location through insurance databases and 

2 other means. 

3 SEC. 3. DEFINITIONS. 

4 In this Act, except as otherwise expressly provided: 

5 (1) COMMERCE.—The terms ‘‘commerce’’ and 

6 ‘‘industry or activity affecting commerce’’ have the 

7 meanings given the terms in section 101 of the 

8 Family and Medical Leave Act of 1993 (29 U.S.C. 

9 2611).

10 (2) COURSE OF CONDUCT.—The term ‘‘course 

11 of conduct’’ means a course of repeatedly maintain12 ing a visual or physical proximity to a person or con13 veying verbal or written threats, including threats 

14 conveyed through electronic communications, or 

15 threats implied by conduct. 

16 (3) DATING VIOLENCE.—The term ‘‘dating vio17 lence’’ has the meaning given the term in section 

18 826 of the Higher Education Amendments of 1998 

19 (20 U.S.C. 1152). 

20 (4) DOMESTIC OR SEXUAL VIOLENCE.—The 

21 term ‘‘domestic or sexual violence’’ means domestic 

22 violence, dating violence, sexual assault, or stalking. 

23 (5) DOMESTIC VIOLENCE.—The term ‘‘domestic 

24 violence’’ has the meaning given the term in section 
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1 826 of the Higher Education Amendments of 1998 

2 (20 U.S.C. 1152). 

3 (6) DOMESTIC VIOLENCE COALITION.—The 

4 term ‘‘domestic violence coalition’’ means a non5 profit, nongovernmental membership organization 

6 that—

7 (A) consists of the entities carrying out a 

8 majority of the domestic violence programs car9 ried out within a State; 

10 (B) collaborates and coordinates activities 

11 with Federal, State, and local entities to further 

12 the purposes of domestic violence intervention 

13 and prevention; and 

14 (C) among other activities, provides train15 ing and technical assistance to entities carrying 

16 out domestic violence programs within a State, 

17 territory, political subdivision, or area under 

18 Federal authority. 

19 (7) ELECTRONIC COMMUNICATIONS.—The term 

20 ‘‘electronic communications’’ includes communica21 tions via telephone, mobile phone, computer, e-mail, 

22 video recorder, fax machine, telex, or pager. 

23 (8) EMPLOY; STATE.—The terms ‘‘employ’’ and 

24 ‘‘State’’ have the meanings given the terms in sec-
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1 tion 3 of the Fair Labor Standards Act of 1938 (29 

2 U.S.C. 203). 

3 (9) EMPLOYEE.—

4 (A) IN GENERAL.—The term ‘‘employee’’ 

5 means any person employed by an employer. In 

6 the case of an individual employed by a public 

7 agency, such term means an individual em8 ployed as described in section 3(e) of the Fair 

9 Labor Standards Act of 1938 (29 U.S.C. 

10 203(e)). 

11 (B) BASIS.—The term includes a person 

12 employed as described in subparagraph (A) on 

13 a full- or part-time basis, for a fixed time pe14 riod, on a temporary basis, pursuant to a detail, 

15 as an independent contractor, or as a partici16 pant in a work assignment as a condition of re17 ceipt of Federal or State income-based public 

18 assistance. 

19 (10) EMPLOYER.—The term ‘‘employer’’—

20 (A) means any person engaged in com21 merce or in any industry or activity affecting 

22 commerce who employs 15 or more individuals; 

23 and 

24 (B) includes any person acting directly or 

25 indirectly in the interest of an employer in rela-
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1 tion to an employee, and includes a public agen2 cy, but does not include any labor organization 

3 (other than when acting as an employer) or 

4 anyone acting in the capacity of officer or agent 

5 of such labor organization. 

6 (11) EMPLOYMENT BENEFITS.—The term ‘‘em7 ployment benefits’’ means all benefits provided or 

8 made available to employees by an employer, includ9 ing group life insurance, health insurance, disability 

10 insurance, sick leave, annual leave, educational bene11 fits, and pensions, regardless of whether such bene12 fits are provided by a practice or written policy of 

13 an employer or through an ‘‘employee benefit plan’’, 

14 as defined in section 3(3) of the Employee Retire15 ment Income Security Act of 1974 (29 U.S.C. 

16 1002(3)). 

17 (12) FAMILY OR HOUSEHOLD MEMBER.—The 

18 term ‘‘family or household member’’ means a 

19 spouse, former spouse, parent, son or daughter, or 

20 person residing or formerly residing in the same 

21 dwelling unit. 

22 (13) PARENT; SON OR DAUGHTER.—The terms 

23 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings 

24 given the terms in section 101 of the Family and 

25 Medical Leave Act of 1993 (29 U.S.C. 2611). 
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1 (14) PERSON.—The term ‘‘person’’ has the 

2 meaning given the term in section 3 of the Fair 

3 Labor Standards Act of 1938 (29 U.S.C. 203). 

4 (15) PUBLIC AGENCY.—The term ‘‘public agen5 cy’’ has the meaning given the term in section 3 of 

6 the Fair Labor Standards Act of 1938 (29 U.S.C. 

7 203). 

8 (16) PUBLIC ASSISTANCE.—The term ‘‘public 

9 assistance’’ includes cash, food stamps, medical as10 sistance, housing assistance, and other benefits pro11 vided on the basis of income by a public agency. 

12 (17) REDUCED LEAVE SCHEDULE.—The term 

13 ‘‘reduced leave schedule’’ means a leave schedule 

14 that reduces the usual number of hours per work15 week, or hours per workday, of an employee.

16 (18) REPEATEDLY.—The term ‘‘repeatedly’’ 

17 means on 2 or more occasions. 

18 (19) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of Labor. 

20 (20) SEXUAL ASSAULT.—The term ‘‘sexual as21 sault’’ has the meaning given the term in section 

22 826 of the Higher Education Amendments of 1998 

23 (20 U.S.C. 1152). 
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1 (21) SEXUAL ASSAULT COALITION.—The term 

2 ‘‘sexual assault coalition’’ means a nonprofit, non3 governmental membership organization that—

4 (A) consists of the entities carrying out a 

5 majority of the sexual assault programs carried 

6 out within a State; 

7 (B) collaborates and coordinates activities 

8 with Federal, State, and local entities to further 

9 the purposes of sexual assault intervention and 

10 prevention; and 

11 (C) among other activities, provides train12 ing and technical assistance to entities carrying 

13 out sexual assault programs within a State, ter14 ritory, political subdivision, or area under Fed15 eral authority. 

16 (22) STALKING.—The term ‘‘stalking’’ means 

17 engaging in a course of conduct directed at a spe18 cific person that would cause a reasonable person to 

19 suffer substantial emotional distress or to fear bodily 

20 injury, sexual assault, or death to the person, or the 

21 person’s spouse, parent, or son or daughter, or any 

22 other person who regularly resides in the person’s 

23 household, if the conduct causes the specific person 

24 to have such distress or fear. 
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1 (23) VICTIM OF DOMESTIC OR SEXUAL VIO2 LENCE.—The term ‘‘victim of domestic or sexual vi3 olence’’ includes a person who has been a victim of 

4 domestic or sexual violence and a person whose fam5 ily or household member has been a victim of domes6 tic or sexual violence. 

7 (24) VICTIM SERVICES ORGANIZATION.—The 

8 term ‘‘victim services organization’’ means a non9 profit, nongovernmental organization that provides 

10 assistance to victims of domestic or sexual violence 

11 or to advocates for such victims, including a rape 

12 crisis center, an organization carrying out a domes13 tic violence program, an organization operating a 

14 shelter or providing counseling services, or an orga15 nization providing assistance through the legal proc16 ess. 

17 TITLE I—ENTITLEMENT TO 

18 EMERGENCY LEAVE FOR AD19 DRESSING DOMESTIC OR SEX20 UAL VIOLENCE 

21 SEC. 101. PURPOSES. 

22 The purposes of this title are, pursuant to the affirm23 ative power of Congress to enact legislation under the por24 tions of section 8 of article I of the Constitution relating 

25 to providing for the general welfare and to regulation of 
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1 commerce among the several States, and under section 5 

2 of the 14th amendment to the Constitution—

3 (1) to promote the national interest in reducing 

4 domestic violence, dating violence, sexual assault, 

5 and stalking by enabling victims of domestic or sex6 ual violence to maintain the financial independence 

7 necessary to leave abusive situations, achieve safety, 

8 and minimize the physical and emotional injuries 

9 from domestic or sexual violence, and to reduce the 

10 devastating economic consequences of domestic or 

11 sexual violence to employers and employees; 

12 (2) to promote the national interest in ensuring 

13 that victims of domestic or sexual violence can re14 cover from and cope with the effects of such vio15 lence, and participate in criminal and civil justice 

16 processes, without fear of adverse economic con17 sequences from their employers; 

18 (3) to ensure that victims of domestic or sexual 

19 violence can recover from and cope with the effects 

20 of such violence, and participate in criminal and civil 

21 justice processes, without fear of adverse economic 

22 consequences with respect to public benefits; 

23 (4) to promote the purposes of the 14th amend24 ment by preventing sex-based discrimination and 

25 discrimination against victims of domestic and sex-
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1 ual violence in employment leave, addressing the 

2 failure of existing laws to protect the employment 

3 rights of victims of domestic or sexual violence, by 

4 protecting their civil and economic rights, and by 

5 furthering the equal opportunity of women for eco6 nomic self-sufficiency and employment free from dis7 crimination; 

8 (5) to minimize the negative impact on inter9 state commerce from dislocations of employees and 

10 harmful effects on productivity, employment, health 

11 care costs, and employer costs, caused by domestic 

12 or sexual violence, including intentional efforts to 

13 frustrate women’s ability to participate in employ14 ment and interstate commerce; 

15 (6) to further the goals of human rights and 

16 dignity reflected in instruments such as the United 

17 Nations Charter, the Universal Declaration of 

18 Human Rights, and the International Covenant on 

19 Civil and Political Rights; and 

20 (7) to accomplish the purposes described in 

21 paragraphs (1) through (6) by—

22 (A) entitling employed victims of domestic 

23 or sexual violence to take leave to seek medical 

24 help, legal assistance, counseling, safety plan-
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1 ning, and other assistance without penalty from 

2 their employers; and 

3 (B) prohibiting employers from discrimi4 nating against actual or perceived victims of do5 mestic or sexual violence, in a manner that ac6 commodates the legitimate interests of employ7 ers and protects the safety of all persons in the 

8 workplace. 

9 SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD10 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

11 (a) LEAVE REQUIREMENT.— 

12 (1) BASIS.—An employee who is a victim of do13 mestic or sexual violence may take leave from work 

14 to address domestic or sexual violence, by—

15 (A) seeking medical attention for, or recov16 ering from, physical or psychological injuries 

17 caused by domestic or sexual violence to the 

18 employee or the employee’s family or household 

19 member; 

20 (B) obtaining services from a victim serv21 ices organization for the employee or the em22 ployee’s family or household member; 

23 (C) obtaining psychological or other coun24 seling for the employee or the employee’s family 

25 or household member; 
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1 (D) participating in safety planning, tem2 porarily or permanently relocating, or taking 

3 other actions to increase the safety of the em4 ployee or the employee’s family or household 

5 member from future domestic or sexual violence 

6 or ensure economic security; or

7 (E) seeking legal assistance or remedies to 

8 ensure the health and safety of the employee or 

9 the employee’s family or household member, in10 cluding preparing for or participating in any 

11 civil or criminal legal proceeding related to or 

12 derived from domestic or sexual violence. 

13 (2) PERIOD.—An employee may take not more 

14 than 30 days of leave, as described in paragraph (1), 

15 in any 12-month period. 

16 (3) SCHEDULE.—Leave described in paragraph 

17 (1) may be taken intermittently or on a reduced 

18 leave schedule. 

19 (b) NOTICE.—The employee shall provide the em20 ployer with reasonable notice of the employee’s intention 

21 to take the leave, unless providing such notice is not prac22 ticable. 

23 (c) CERTIFICATION.—
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1 (1) IN GENERAL.—The employer may require 

2 the employee to provide certification to the employer 

3 that—

4 (A) the employee or the employee’s family 

5 or household member is a victim of domestic or 

6 sexual violence; and 

7 (B) the leave is for 1 of the purposes enu8 merated in subsection (a)(1). 

9 The employee shall provide a copy of such certifi10 cation to the employer within a reasonable period 

11 after the employer requests certification. 

12 (2) CONTENTS.—An employee may satisfy the 

13 certification requirement of paragraph (1) by pro14 viding to the employer—

15 (A) a sworn statement of the employee; 

16 (B) documentation from an employee, 

17 agent, or volunteer of a victim services organi18 zation, an attorney, a member of the clergy, or 

19 a medical or other professional, from whom the 

20 employee or the employee’s family or household 

21 member has sought assistance in addressing do22 mestic or sexual violence and the effects of the 

23 violence; 

24 (C) a police or court record; or 

25 (D) other corroborating evidence. 
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1 (d) CONFIDENTIALITY.—All information provided to 

2 the employer pursuant to subsection (b) or (c), including 

3 a statement of the employee or any other documentation, 

4 record, or corroborating evidence, and the fact that the 

5 employee has requested or obtained leave pursuant to this 

6 section, shall be retained in the strictest confidence by the 

7 employer, except to the extent that disclosure is—

8 (1) requested or consented to by the employee 

9 in writing; or 

10 (2) otherwise required by applicable Federal or 

11 State law. 

12 (e) EMPLOYMENT AND BENEFITS.—

13 (1) RESTORATION TO POSITION.—

14 (A) IN GENERAL.—Except as provided in 

15 paragraph (2), any employee who takes leave 

16 under this section for the intended purpose of 

17 the leave shall be entitled, on return from such 

18 leave—

19 (i) to be restored by the employer to 

20 the position of employment held by the em21 ployee when the leave commenced; or 

22 (ii) to be restored to an equivalent po23 sition with equivalent employment benefits, 

24 pay, and other terms and conditions of em25 ployment. 
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1 (B) LOSS OF BENEFITS.—The taking of 

2 leave under this section shall not result in the 

3 loss of any employment benefit accrued prior to 

4 the date on which the leave commenced. 

5 (C) LIMITATIONS.—Nothing in this sub6 section shall be construed to entitle any re7 stored employee to—

8 (i) the accrual of any seniority or em9 ployment benefits during any period of 

10 leave; or 

11 (ii) any right, benefit, or position of 

12 employment other than any right, benefit, 

13 or position to which the employee would 

14 have been entitled had the employee not 

15 taken the leave.

16 (D) CONSTRUCTION.—Nothing in this 

17 paragraph shall be construed to prohibit an em18 ployer from requiring an employee on leave 

19 under this section to report periodically to the 

20 employer on the status and intention of the em21 ployee to return to work. 

22 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

23 COMPENSATED EMPLOYEES.—

24 (A) DENIAL OF RESTORATION.—An em25 ployer may deny restoration under paragraph 
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1 (1) to any employee described in subparagraph 

2 (B) if—

3 (i) such denial is necessary to prevent 

4 substantial and grievous economic injury to 

5 the operations of the employer; 

6 (ii) the employer notifies the employee 

7 of the intent of the employer to deny res8 toration on such basis at the time the em9 ployer determines that such injury would 

10 occur; and 

11 (iii) in any case in which the leave has 

12 commenced, the employee elects not to re13 turn to employment after receiving such 

14 notice. 

15 (B) AFFECTED EMPLOYEES.—An employee 

16 referred to in subparagraph (A) is a salaried 

17 employee who is among the highest paid 10 per18 cent of the employees employed by the employer 

19 within 75 miles of the facility at which the em20 ployee is employed. 

21 (3) MAINTENANCE OF HEALTH BENEFITS.—

22 (A) COVERAGE.—Except as provided in 

23 subparagraph (B), during any period that an 

24 employee takes leave under this section, the em25 ployer shall maintain coverage under any group 
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1 health plan (as defined in section 5000(b)(1) of 

2 the Internal Revenue Code of 1986) for the du3 ration of such leave at the level and under the 

4 conditions coverage would have been provided if 

5 the employee had continued in employment con6 tinuously for the duration of such leave.

7 (B) FAILURE TO RETURN FROM LEAVE.—

8 The employer may recover the premium that 

9 the employer paid for maintaining coverage for 

10 the employee under such group health plan dur11 ing any period of leave under this section if—

12 (i) the employee fails to return from 

13 leave under this section after the period of 

14 leave to which the employee is entitled has 

15 expired; and 

16 (ii) the employee fails to return to 

17 work for a reason other than—

18 (I) the continuation, recurrence, 

19 or onset of domestic or sexual vio20 lence, that entitles the employee to 

21 leave pursuant to this section; or 

22 (II) other circumstances beyond 

23 the control of the employee. 

24 (C) CERTIFICATION.—
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•HR 3420 IH 

1 (i) ISSUANCE.—An employer may re2 quire an employee who claims that the em3 ployee is unable to return to work because 

4 of a reason described in subclause (I) or 

5 (II) of subparagraph (B)(ii) to provide, 

6 within a reasonable period after making 

7 the claim, certification to the employer 

8 that the employee is unable to return to 

9 work because of that reason. 

10 (ii) CONTENTS.—An employee may 

11 satisfy the certification requirement of 

12 clause (i) by providing to the employer—

13 (I) a sworn statement of the em14 ployee; 

15 (II) documentation from an em16 ployee, agent, or volunteer of a victim 

17 services organization, an attorney, a 

18 member of the clergy, or a medical or 

19 other professional, from whom the 

20 employee has sought assistance in ad21 dressing domestic or sexual violence 

22 and the effects of that violence; 

23 (III) a police or court record; or 

24 (IV) other corroborating evi25 dence. 
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•HR 3420 IH 

1 (D) CONFIDENTIALITY.—All information 

2 provided to the employer pursuant to subpara3 graph (C), including a statement of the em4 ployee or any other documentation, record, or 

5 corroborating evidence, and the fact that the 

6 employee is not returning to work because of a 

7 reason described in subclause (I) or (II) of sub8 paragraph (B)(ii) shall be retained in the strict9 est confidence by the employer, except to the 

10 extent that disclosure is—

11 (i) requested or consented to by the 

12 employee; or 

13 (ii) otherwise required by applicable 

14 Federal or State law.

15 (f) PROHIBITED ACTS.—

16 (1) INTERFERENCE WITH RIGHTS.—

17 (A) EXERCISE OF RIGHTS.—It shall be un18 lawful for any employer to interfere with, re19 strain, or deny the exercise of or the attempt to 

20 exercise, any right provided under this section. 

21 (B) EMPLOYER DISCRIMINATION.—It shall 

22 be unlawful for any employer to discharge or 

23 harass any individual, or otherwise discriminate 

24 against any individual with respect to com25 pensation, terms, conditions, or privileges of 
29

•HR 3420 IH 

1 employment of the individual (including retalia2 tion in any form or manner) because the indi3 vidual—

4 (i) exercised any right provided under 

5 this section; or 

6 (ii) opposed any practice made unlaw7 ful by this section. 

8 (C) PUBLIC AGENCY SANCTIONS.—It shall 

9 be unlawful for any public agency to deny, re10 duce, or terminate the benefits of, otherwise 

11 sanction, or harass any individual, or otherwise 

12 discriminate against any individual with respect 

13 to the amount, terms, or conditions of public 

14 assistance of the individual (including retalia15 tion in any form or manner) because the indi16 vidual—

17 (i) exercised any right provided under 

18 this section; or 

19 (ii) opposed any practice made unlaw20 ful by this section. 

21 (2) INTERFERENCE WITH PROCEEDINGS OR IN22 QUIRIES.—It shall be unlawful for any person to dis23 charge or in any other manner discriminate (as de24 scribed in subparagraph (B) or (C) of paragraph 
30

•HR 3420 IH 

1 (1)) against any individual because such indi2 vidual—

3 (A) has filed any charge, or has instituted 

4 or caused to be instituted any proceeding, 

5 under or related to this section; 

6 (B) has given, or is about to give, any in7 formation in connection with any inquiry or 

8 proceeding relating to any right provided under 

9 this section; or 

10 (C) has testified, or is about to testify, in 

11 any inquiry or proceeding relating to any right 

12 provided under this section. 

13 (g) ENFORCEMENT.—

14 (1) CIVIL ACTION BY AFFECTED INDIVID15 UALS.—

16 (A) LIABILITY.—Any employer or public 

17 agency that violates subsection (f) shall be lia18 ble to any individual affected— 

19 (i) for damages equal to—

20 (I) the amount of—

21 (aa) any wages, salary, em22 ployment benefits, public assist23 ance, or other compensation de24 nied or lost to such individual by 

25 reason of the violation; or 
31

•HR 3420 IH 

1 (bb) in a case in which 

2 wages, salary, employment bene3 fits, public assistance, or other 

4 compensation has not been de5 nied or lost to the individual, any 

6 actual monetary losses sustained 

7 by the individual as a direct re8 sult of the violation; 

9 (II) the interest on the amount 

10 described in subclause (I) calculated 

11 at the prevailing rate; and 

12 (III) an additional amount as liq13 uidated damages equal to the sum of 

14 the amount described in subclause (I) 

15 and the interest described in sub16 clause (II), except that if an employer 

17 or public agency that has violated 

18 subsection (f) proves to the satisfac19 tion of the court that the act or omis20 sion that violated subsection (f) was 

21 in good faith and that the employer or 

22 public agency had reasonable grounds 

23 for believing that the act or omission 

24 was not a violation of subsection (f), 

25 such court may, in the discretion of 
32

•HR 3420 IH 

1 the court, reduce the amount of the li2 ability to the amount and interest de3 termined under subclauses (I) and 

4 (II), respectively; and

5 (ii) for such equitable relief as may be 

6 appropriate, including employment, rein7 statement, and promotion. 

8 (B) RIGHT OF ACTION.—An action to re9 cover the damages or equitable relief prescribed 

10 in subparagraph (A) may be maintained against 

11 any employer or public agency in any Federal 

12 or State court of competent jurisdiction by any 

13 1 or more affected individuals for and on behalf 

14 of—

15 (i) the individuals; or

16 (ii) the individuals and other individ17 uals similarly situated. 

18 (C) FEES AND COSTS.—The court in such 

19 an action shall, in addition to any judgment 

20 awarded to the plaintiff, allow a reasonable at21 torney’s fee, reasonable expert witness fees, and 

22 other costs of the action to be paid by the de23 fendant. 

24 (D) LIMITATIONS.—The right provided by 

25 subparagraph (B) to bring an action by or on 
33

•HR 3420 IH 

1 behalf of any affected individual shall termi2 nate—

3 (i) on the filing of a complaint by the 

4 Secretary in an action under paragraph (4) 

5 in which restraint is sought of any further 

6 delay in the payment of the amount de7 scribed in subparagraph (A)(i) to such in8 dividual by an employer or public agency 

9 responsible under subparagraph (A) for 

10 the payment; or 

11 (ii) on the filing of a complaint by the 

12 Secretary in an action under paragraph (2) 

13 in which a recovery is sought of the dam14 ages described in subparagraph (A)(i) 

15 owing to an affected individual by an em16 ployer or public agency liable under sub17 paragraph (A), 

18 unless the action described in clause (i) or (ii) 

19 is dismissed without prejudice on motion of the 

20 Secretary. 

21 (2) ACTION BY THE SECRETARY.—

22 (A) ADMINISTRATIVE ACTION.—The Sec23 retary shall receive, investigate, and attempt to 

24 resolve complaints of violations of subsection (f) 

25 in the same manner as the Secretary receives, 
34

•HR 3420 IH 

1 investigates, and attempts to resolve complaints 

2 of violations of sections 6 and 7 of the Fair 

3 Labor Standards Act of 1938 (29 U.S.C. 206 

4 and 207). 

5 (B) CIVIL ACTION.—The Secretary may 

6 bring an action in any court of competent juris7 diction to recover the damages described in 

8 paragraph (1)(A)(i). 

9 (C) SUMS RECOVERED.—Any sums recov10 ered by the Secretary pursuant to subparagraph 

11 (B) shall be held in a special deposit account 

12 and shall be paid, on order of the Secretary, di13 rectly to each individual affected. Any such 

14 sums not paid to such an individual because of 

15 inability to do so within a period of 3 years 

16 shall be deposited into the Treasury of the 

17 United States as miscellaneous receipts. 

18 (3) LIMITATION.—

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), an action may be brought 

21 under this subsection not later than 2 years 

22 after the date of the last event constituting the 

23 alleged violation for which the action is brought. 

24 (B) WILLFUL VIOLATION.—In the case of 

25 such action brought for a willful violation of 
35

•HR 3420 IH 

1 subsection (f), such action may be brought 

2 within 3 years after the date of the last event 

3 constituting the alleged violation for which such 

4 action is brought. 

5 (C) COMMENCEMENT.—In determining 

6 when an action is commenced by the Secretary 

7 under this subsection for the purposes of this 

8 paragraph, it shall be considered to be com9 menced on the date when the complaint is filed. 

10 (4) ACTION FOR INJUNCTION BY SECRETARY.—

11 The district courts of the United States shall have 

12 jurisdiction, for cause shown, in an action brought 

13 by the Secretary—

14 (A) to restrain violations of subsection (f), 

15 including the restraint of any withholding of 

16 payment of wages, salary, employment benefits, 

17 public assistance, or other compensation, plus 

18 interest, found by the court to be due to af19 fected individuals; or 

20 (B) to award such other equitable relief as 

21 may be appropriate, including employment, re22 instatement, and promotion. 

23 (5) SOLICITOR OF LABOR.—The Solicitor of 

24 Labor may appear for and represent the Secretary 

25 on any litigation brought under this subsection. 
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•HR 3420 IH 

1 (6) EMPLOYER LIABILITY UNDER OTHER

2 LAWS.—Nothing in this section shall be construed to 

3 limit the liability of an employer or public agency to 

4 an individual, for harm suffered relating to the indi5 vidual’s experience of domestic or sexual violence, 

6 pursuant to any other Federal or State law, includ7 ing a law providing for a legal remedy. 

8 SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO9 MESTIC OR SEXUAL VIOLENCE. 

10 An employee who is entitled to take paid or unpaid 

11 leave (including family, medical, sick, annual, personal, or 

12 similar leave) from employment, pursuant to State or local 

13 law, a collective bargaining agreement, or an employment 

14 benefits program or plan, may elect to substitute any pe15 riod of such leave for an equivalent period of leave pro16 vided under section 102. 

17 SEC. 104. EMERGENCY BENEFITS. 

18 (a) IN GENERAL.—A State may use funds provided 

19 to the State under part A of title IV of the Social Security 

20 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short21 term emergency benefits to an individual for any period 

22 of leave the individual takes pursuant to section 102. 

23 (b) ELIGIBILITY.—In calculating the eligibility of an 

24 individual for such emergency benefits, the State shall 
37

•HR 3420 IH 

1 count only the cash available or accessible to the indi2 vidual. 

3 (c) TIMING.—

4 (1) APPLICATIONS.—An individual seeking 

5 emergency benefits under subsection (a) from a 

6 State shall submit an application to the State. 

7 (2) BENEFITS.—The State shall provide bene8 fits to an eligible applicant under paragraph (1) on 

9 an expedited basis, and not later than 7 days after 

10 the applicant submits an application under para11 graph (1). 

12 (d) CONFORMING AMENDMENT.—Section 404 of the 

13 Social Security Act (42 U.S.C. 604) is amended by adding 

14 at the end the following:

15 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE16 FITS.—A State that receives a grant under section 403 

17 may use the grant to provide nonrecurrent short-term 

18 emergency benefits, in accordance with section 104 of the 

19 Security and Financial Empowerment Act, to individuals 

20 who take leave pursuant to section 102 of that Act, with21 out regard to whether the individuals receive assistance 

22 under the State program funded under this part.’’. 
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•HR 3420 IH 

1 SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN2 EFITS. 

3 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO4 GRAMS, AND PLANS.—Nothing in this title shall be con5 strued to supersede any provision of any Federal, State, 

6 or local law, collective bargaining agreement, or employ7 ment benefits program or plan that provides—

8 (1) greater leave benefits for victims of domes9 tic or sexual violence than the rights established 

10 under this title; or 

11 (2) leave benefits for a larger population of vic12 tims of domestic or sexual violence (as defined in 

13 such law, agreement, program, or plan) than the vic14 tims of domestic or sexual violence covered under 

15 this title. 

16 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO17 GRAMS, AND PLANS.—The rights established for victims 

18 of domestic or sexual violence under this title shall not 

19 be diminished by any State or local law, collective bar20 gaining agreement, or employment benefits program or 

21 plan. 

22 SEC. 106. CONFORMING AMENDMENT. 

23 Section 1003(a)(1) of the Rehabilitation Act Amend24 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 

25 inserting ‘‘title I or III of the Security and Financial Em26 powerment Act,’’ before ‘‘or the provisions’’. 
39

•HR 3420 IH 

1 SEC. 107. EFFECTIVE DATE. 

2 This title and the amendment made by this title take 

3 effect 180 days after the date of enactment of this Act. 

4 TITLE II—ENTITLEMENT TO UN5 EMPLOYMENT COMPENSA6 TION FOR VICTIMS OF DO7 MESTIC VIOLENCE, DATING 

8 VIOLENCE, SEXUAL ASSAULT, 

9 OR STALKING 

10 SEC. 201. PURPOSES. 

11 The purposes of this title are, pursuant to the affirm12 ative power of Congress to enact legislation under the por13 tions of section 8 of article I of the Constitution relating 

14 to laying and collecting taxes, providing for the general 

15 welfare, and regulation of commerce among the several 

16 States, and under section 5 of the 14th amendment to 

17 the Constitution—

18 (1) to promote the national interest in reducing 

19 domestic violence, dating violence, sexual assault, 

20 and stalking by enabling victims of domestic or sex21 ual violence to maintain the financial independence 

22 necessary to leave abusive situations, achieve safety, 

23 and minimize the physical and emotional injuries 

24 from domestic or sexual violence, and to reduce the 

25 devastating economic consequences of domestic or 

26 sexual violence to employers and employees; 
40

•HR 3420 IH 

1 (2) to promote the national interest in ensuring 

2 that victims of domestic or sexual violence can re3 cover from and cope with the effects of such victim4 ization and participate in the criminal and civil jus5 tice processes without fear of adverse economic con6 sequences; 

7 (3) to minimize the negative impact on inter8 state commerce from dislocations of employees and 

9 harmful effects on productivity, loss of employment, 

10 health care costs, and employer costs, caused by do11 mestic or sexual violence including intentional efforts 

12 to frustrate the ability of women to participate in 

13 employment and interstate commerce; 

14 (4) to promote the purposes of the 14th amend15 ment to the Constitution by preventing sex-based 

16 discrimination and discrimination against victims of 

17 domestic and sexual violence in unemployment insur18 ance, by addressing the failure of existing laws to 

19 protect the employment rights of victims of domestic 

20 or sexual violence, by protecting their civil and eco21 nomic rights, and by furthering the equal oppor22 tunity of women for economic self-sufficiency and 

23 employment free from discrimination; and 

24 (5) to accomplish the purposes described in 

25 paragraphs (1) through (4) by providing unemploy-
41

•HR 3420 IH 

1 ment insurance to those who are separated from 

2 their employment as a result of domestic or sexual 

3 violence, in a manner that accommodates the legiti4 mate interests of employers and protects the safety 

5 of all persons in the workplace. 

6 SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 

7 PROVISIONS. 

8 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

9 of the Internal Revenue Code of 1986 (relating to approval 

10 of State unemployment compensation laws) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (18), by striking ‘‘and’’ 

13 at the end; 

14 (B) by redesignating paragraph (19) as 

15 paragraph (20); and 

16 (C) by inserting after paragraph (18) the 

17 following new paragraph: 

18 ‘‘(19) compensation shall not be denied where 

19 an individual is separated from employment due to 

20 circumstances resulting from the individual’s experi21 ence of domestic or sexual violence; and’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(g) CONSTRUCTION.—
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•HR 3420 IH 

1 ‘‘(1) IN GENERAL.—For purposes of subsection 

2 (a)(19), an individual’s separation from employment 

3 shall be treated as due to circumstances resulting

4 from the individual’s experience of domestic or sex5 ual violence if the separation resulted from—

6 ‘‘(A) the individual’s reasonable fear of fu7 ture domestic or sexual violence at or en route 

8 to or from the individual’s place of employment; 

9 ‘‘(B) the individual’s wish to relocate in 

10 order to avoid future domestic or sexual vio11 lence against the individual or the individual’s 

12 family or household member (as such term is 

13 defined in section 3 of the Security and Finan14 cial Empowerment Act); 

15 ‘‘(C) the individual’s need to obtain treat16 ment to address the physical, psychological, or 

17 legal effects of domestic or sexual violence on 

18 the individual or the individual’s family or 

19 household member (as such term is defined in 

20 section 3 of the Security and Financial Em21 powerment Act); 

22 ‘‘(D) the employer’s denial of the individ23 ual’s request for leave from employment to ad24 dress domestic or sexual violence and its effects 

25 on the individual or the individual’s family or 
43

•HR 3420 IH 

1 household member (as such term is defined in 

2 section 3 of the Security and Financial Em3 powerment Act), including leave authorized by 

4 section 102 of the Family and Medical Leave 

5 Act of 1993 or by title I of the Security and Fi6 nancial Empowerment Act;

7 ‘‘(E) the employer’s termination of the in8 dividual’s employment due to actions, including 

9 absences, taken by the individual that were nec10 essary to protect the individual or the individ11 ual’s family or household member (as such term 

12 is defined in section 3 of the Security and Fi13 nancial Empowerment Act) from domestic or 

14 sexual violence; 

15 ‘‘(F) the employer’s termination of the in16 dividual due to circumstances resulting from 

17 the individual’s being, or being perceived to be, 

18 a victim of domestic or sexual violence; or 

19 ‘‘(G) any other circumstance in which do20 mestic or sexual violence causes the individual 

21 to reasonably believe that separation from em22 ployment is necessary for the future safety of 

23 the individual or the individual’s family or 

24 household member (as such term is defined in 
44

•HR 3420 IH 

1 section 3 of the Security and Financial Em2 powerment Act). 

3 ‘‘(2) REASONABLE EFFORTS TO RETAIN EM4 PLOYMENT.—For purposes of subsection (a)(19), if 

5 State law requires the individual to have made rea6 sonable efforts to retain employment as a condition 

7 for receiving unemployment compensation, such re8 quirement shall be met if the individual—

9 ‘‘(A) sought protection from, or assistance 

10 in responding to, domestic or sexual violence, 

11 including calling the police, obtaining services 

12 from a victim services organization (as defined 

13 in section 3 of the Security and Financial Em14 powerment Act), or seeking legal, social work, 

15 medical, clerical, or other assistance; 

16 ‘‘(B) sought safety, including refuge in a 

17 shelter or temporary or permanent relocation, 

18 whether or not the individual actually obtained 

19 such refuge or accomplished such relocation; or 

20 ‘‘(C) reasonably believed that options such 

21 as taking a leave of absence, transferring jobs, 

22 or receiving an alternative work schedule would 

23 not be sufficient to guarantee the safety of the 

24 individual or the individual’s family or house25 hold member (as such term is defined in section 
45

•HR 3420 IH 

1 3 of the Security and Financial Empowerment 

2 Act). 

3 ‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For 

4 purposes of subsection (a)(19), if State law requires 

5 the individual to actively search for employment 

6 after separation from employment as a condition for 

7 receiving unemployment compensation—

8 ‘‘(A) such requirement shall be treated as 

9 met where the individual registers for work (the 

10 individual is not otherwise required to seek em11 ployment on a weekly basis); and 

12 ‘‘(B) such law may not categorize an em13 ployment opportunity as suitable work for the 

14 individual unless such employment opportunity 

15 reasonably accommodates the individual’s need 

16 to address the physical, psychological, legal, and 

17 other effects of domestic or sexual violence. 

18 ‘‘(4) PROVISION OF INFORMATION TO MEET

19 CERTAIN REQUIREMENTS.—

20 ‘‘(A) IN GENERAL.—In determining if an 

21 individual meets the requirements of para22 graphs (1), (2), and (3), the unemployment 

23 agency of the State in which an individual is re24 questing unemployment compensation by reason 

25 of subsection (a)(19) may require the individual 
46

•HR 3420 IH 

1 to provide certification that the separation from 

2 employment was due to circumstances resulting 

3 from the individual’s, or the individual’s family 

4 or household member’s (as such term is defined 

5 in section 3 of the Security and Financial Em6 powerment Act), experience of domestic or sex7 ual violence. 

8 ‘‘(B) SATISFACTION OF CERTIFICATION

9 REQUIREMENT.—An individual may satisfy the 

10 certification requirement of subparagraph (A) 

11 by providing to the unemployment agency—

12 ‘‘(i) a sworn statement of the indi13 vidual; 

14 ‘‘(ii) documentation from an em15 ployee, agent, or volunteer of a victim serv16 ices organization (as defined in section 3 of 

17 the Security and Financial Empowerment 

18 Act), an attorney, a member of the clergy, 

19 or a medical or other professional, from 

20 whom the individual or the individual’s 

21 family or household member (as such term 

22 is defined in section 3 of the Security and 

23 Financial Empowerment Act) has sought 

24 assistance in addressing domestic or sexual 

25 violence and the effects of that violence; 
47

•HR 3420 IH 

1 ‘‘(iii) a police or court record; or 

2 ‘‘(iv) other corroborating evidence. 

3 ‘‘(C) CONFIDENTIALITY.—All information 

4 provided to the unemployment agency pursuant

5 to this paragraph, including a statement of an 

6 individual or any other documentation, record, 

7 or corroborating evidence, and the fact that an 

8 individual has applied for, inquired about, or 

9 obtained unemployment compensation available 

10 by reason of subsection (a)(19) shall be re11 tained in the strictest confidence by the individ12 ual’s former or current employer and the unem13 ployment agency, except to the extent that dis14 closure is—

15 ‘‘(i) requested or consented to by the 

16 individual in writing; or 

17 ‘‘(ii) otherwise required by applicable 

18 Federal or State law.’’. 

19 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

20 TRAINING.—Section 303(a) of the Social Security Act (42 

21 U.S.C. 503(a)) is amended—

22 (1) by redesignating paragraphs (4) through 

23 (10) as paragraphs (5) through (11), respectively; 

24 and 
48

•HR 3420 IH 

1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4) Such methods of administration as will en4 sure that—

5 ‘‘(A) applicants for unemployment com6 pensation and individuals inquiring about such 

7 compensation are adequately notified of the 

8 provisions of subsections (a)(19) and (g) of sec9 tion 3304 of the Internal Revenue Code of 1986 

10 (relating to the availability of unemployment 

11 compensation for victims of domestic or sexual 

12 violence); and 

13 ‘‘(B) claims reviewers and hearing per14 sonnel are adequately trained in—

15 ‘‘(i) the nature and dynamics of do16 mestic or sexual violence (as defined in 

17 section 3306(u) of the Internal Revenue 

18 Code of 1986); and 

19 ‘‘(ii) methods of ascertaining and 

20 keeping confidential information about pos21 sible experiences of domestic or sexual vio22 lence (as so defined) to ensure that—

23 ‘‘(I) requests for unemployment 

24 compensation based on separations 

25 stemming from such violence are reli-
49

•HR 3420 IH 

1 ably screened, identified, and adju2 dicated; and 

3 ‘‘(II) full confidentiality is pro4 vided for the individual’s claim and 

5 submitted evidence; and’’. 

6 (c) TANF PERSONNEL TRAINING.—Section 402(a) 

7 of the Social Security Act (42 U.S.C. 602(a)) is amended 

8 by adding at the end the following new paragraph: 

9 ‘‘(8) CERTIFICATION THAT THE STATE WILL

10 PROVIDE INFORMATION TO VICTIMS OF DOMESTIC

11 AND SEXUAL VIOLENCE.—A certification by the 

12 chief officer of the State that the State has estab13 lished and is enforcing standards and procedures 

14 to—

15 ‘‘(A) ensure that applicants for assistance 

16 under the program and individuals inquiring 

17 about such assistance are adequately notified 

18 of—

19 ‘‘(i) the provisions of subsections 

20 (a)(19) and (g) of section 3304 of the In21 ternal Revenue Code of 1986 (relating to 

22 the availability of unemployment com23 pensation for victims of domestic or sexual 

24 violence); and 
50

•HR 3420 IH 

1 ‘‘(ii) assistance made available by the 

2 State to victims of domestic or sexual vio3 lence; 

4 ‘‘(B) ensure that case workers and other 

5 agency personnel responsible for administering 

6 the State program funded under this part are 

7 adequately trained in—

8 ‘‘(i) the nature and dynamics of do9 mestic or sexual violence (as defined in 

10 section 3306(u) of the Internal Revenue 

11 Code of 1986); 

12 ‘‘(ii) State standards and procedures 

13 relating to the prevention of, and assist14 ance for individuals who experience, do15 mestic or sexual violence (as so defined); 

16 and 

17 ‘‘(iii) methods of ascertaining and 

18 keeping confidential information about pos19 sible experiences of domestic or sexual vio20 lence (as so defined); 

21 ‘‘(C) if a State has elected to establish and 

22 enforce standards and procedures regarding the 

23 screening for and identification of domestic vio24 lence pursuant to paragraph (7), ensure that—
51

•HR 3420 IH 

1 ‘‘(i) applicants for assistance under 

2 the program and individuals inquiring 

3 about such assistance are adequately noti4 fied of options available under such stand5 ards and procedures; and 

6 ‘‘(ii) case workers and other agency 

7 personnel responsible for administering the 

8 State program funded under this part are 

9 provided with adequate training regarding 

10 such standards and procedures and options 

11 available under such standards and proce12 dures; and 

13 ‘‘(D) ensure that the training required 

14 under subparagraphs (B) and, if applicable, 

15 (C)(ii) is provided through a training program 

16 operated by an eligible entity (as defined in sec17 tion 202(d)(2) of the Security and Financial 

18 Empowerment Act).’’. 

19 (d) DOMESTIC AND SEXUAL VIOLENCE TRAINING

20 GRANT PROGRAM.—

21 (1) GRANTS AUTHORIZED.—The Secretary of 

22 Health and Human Services (in this subsection re23 ferred to as the ‘‘Secretary’’) is authorized to 

24 award—
52

•HR 3420 IH 

1 (A) a grant to a national victim services 

2 organization in order for such organization to—

3 (i) develop and disseminate a model 

4 training program (and related materials)

5 for the training required under section 

6 303(a)(4)(B) of the Social Security Act 

7 (42 U.S.C. 503(a)(4)(B)), as added by 

8 subsection (b), and under subparagraphs 

9 (B) and, if applicable, (C)(ii) of section 

10 402(a)(8) of the such Act (42 U.S.C. 

11 602(a)(8)), as added by subsection (c); and 

12 (ii) provide technical assistance with 

13 respect to such model training program; 

14 and 

15 (B) grants to State, tribal, or local agen16 cies in order for such agencies to contract with 

17 eligible entities to provide State, tribal, or local 

18 case workers and other State, tribal, or local 

19 agency personnel responsible for administering 

20 the temporary assistance to needy families pro21 gram established under part A of title IV of the 

22 Social Security Act in a State or Indian res23 ervation with the training required under sub24 paragraphs (B) and, if applicable, (C)(ii) of 

25 such section 402(a)(8). 
53

•HR 3420 IH 

1 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

2 of paragraph (1)(B), the term ‘‘eligible entity’’ 

3 means an entity—

4 (A) that is—

5 (i) a State or tribal domestic violence 

6 coalition or sexual assault coalition; 

7 (ii) a State or local victim services or8 ganization with recognized expertise in the 

9 dynamics of domestic or sexual violence 

10 whose primary mission is to provide serv11 ices to victims of domestic or sexual vio12 lence, such as a rape crisis center or do13 mestic violence program; or 

14 (iii) an organization with dem15 onstrated expertise in State or county wel16 fare laws and implementation of such laws 

17 and experience with disseminating informa18 tion on such laws and implementation, but 

19 only if such organization will provide the 

20 required training in partnership with an 

21 entity described in clause (i) or (ii); and 

22 (B) that—

23 (i) has demonstrated expertise in both 

24 domestic and sexual assault, such as a 
54

•HR 3420 IH 

1 joint domestic violence and sexual assault 

2 coalition; or 

3 (ii) will provide the required training 

4 in partnership with an entity described in 

5 clause (i) or (ii) of subparagraph (A) in 

6 order to comply with the dual domestic vio7 lence and sexual assault expertise require8 ment under clause (i). 

9 (3) APPLICATION.—An entity seeking a grant 

10 under this subsection shall submit an application to 

11 the Secretary at such time, in such form and man12 ner, and containing such information as the Sec13 retary specifies. 

14 (4) REPORTS.—

15 (A) REPORTS TO CONGRESS.—The Sec16 retary shall annually submit a report to Con17 gress on the grant program established under 

18 this subsection. 

19 (B) REPORTS AVAILABLE TO PUBLIC.—

20 The Secretary shall establish procedures for the 

21 dissemination to the public of each report sub22 mitted under subparagraph (A). Such proce23 dures shall include the use of the Internet to 

24 disseminate such reports. 

25 (5) AUTHORIZATION OF APPROPRIATIONS.—
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1 (A) AUTHORIZATION.—There are author2 ized to be appropriated—

3 (i) $1,000,000 for fiscal year 2004 to 

4 carry out the provisions of paragraph 

5 (1)(A); and 

6 (ii) $12,000,000 for each of fiscal 

7 years 2005 through 2007 to carry out the 

8 provisions of paragraph (1)(B). 

9 (B) THREE-YEAR AVAILABILITY OF GRANT

10 FUNDS.—Each recipient of a grant under this 

11 subsection shall return to the Secretary of 

12 Health and Human Services any unused por13 tion of such grant not later than 3 years after 

14 the date the grant was awarded, together with 

15 any earnings on such unused portion. 

16 (C) AMOUNTS RETURNED.—Any amounts 

17 returned pursuant to subparagraph (B) shall be 

18 available without further appropriation to the 

19 Secretary of Health and Human Services for 

20 the purpose of carrying out the provisions of 

21 paragraph (1)(B). 

22 (e) DEFINITION OF DOMESTIC OR SEXUAL VIO23 LENCE.—Section 3306 of the Internal Revenue Code of 

24 1986 (relating to definitions) is amended by adding at the 

25 end the following: 
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•HR 3420 IH 

1 ‘‘(u) DOMESTIC OR SEXUAL VIOLENCE.—For pur2 poses of this chapter, the term ‘domestic or sexual vio3 lence’ means domestic violence, dating violence, sexual as4 sault, or stalking, as those terms are defined in section 

5 3 of the Security and Financial Empowerment Act.’’. 

6 (f) EFFECTIVE DATE.—

7 (1) UNEMPLOYMENT AMENDMENTS.—

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B) and paragraph (2), the 

10 amendments made by this section shall apply in 

11 the case of compensation paid for weeks begin12 ning on or after the expiration of 180 days 

13 from the date of enactment of this Act. 

14 (B) EXTENSION OF EFFECTIVE DATE FOR

15 STATE LAW AMENDMENT.—

16 (i) IN GENERAL.—If the Secretary of 

17 Labor identifies a State as requiring a 

18 change to its statutes or regulations in 

19 order to comply with the amendments 

20 made by this section (excluding the amend21 ment made by subsection (c)), such 

22 amendments shall apply in the case of 

23 compensation paid for weeks beginning 

24 after the earlier of—
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1 (I) the date the State changes its 

2 statutes or regulations in order to 

3 comply with such amendments; or 

4 (II) the end of the first session of 

5 the State legislature which begins 

6 after the date of enactment of this

7 Act or which began prior to such date 

8 and remained in session for at least 

9 25 calendar days after such date; 

10 except that in no case shall such amend11 ments apply before the date that is 180 

12 days after the date of enactment of this 

13 Act. 

14 (ii) SESSION DEFINED.—In this sub15 paragraph, the term ‘‘session’’ means a 

16 regular, special, budget, or other session of 

17 a State legislature. 

18 (2) TANF AMENDMENT.—

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the amendment made by 

21 subsection (c) shall take effect on the date of 

22 enactment of this Act. 

23 (B) EXTENSION OF EFFECTIVE DATE FOR

24 STATE LAW AMENDMENT.—In the case of a 

25 State plan under part A of title IV of the Social 
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1 Security Act which the Secretary of Health and 

2 Human Services determines requires State leg3 islation in order for the plan to meet the addi4 tional requirements imposed by the amendment 

5 made by subsection (c), the State plan shall not 

6 be regarded as failing to comply with the re7 quirements of such amendment on the basis of 

8 its failure to meet these additional requirements 

9 before the first day of the first calendar quarter 

10 beginning after the close of the first regular 

11 session of the State legislature that begins after 

12 the date of enactment of this Act. For purposes 

13 of the previous sentence, in the case of a State 

14 that has a 2-year legislative session, each year 

15 of the session is considered to be a separate 

16 regular session of the State legislature.

17 TITLE III—VICTIMS’

18 EMPLOYMENT SUSTAINABILITY 

19 SEC. 301. SHORT TITLE. 

20 This title may be cited as the ‘‘Victims’ Employment 

21 Sustainability Act’’.

22 SEC. 302. PURPOSES. 

23 The purposes of this title are, pursuant to the affirm24 ative power of Congress to enact legislation under the por25 tions of section 8 of article I of the Constitution relating 
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1 to providing for the general welfare and to regulation of 

2 commerce among the several States, and under section 5 

3 of the 14th amendment to the Constitution—

4 (1) to promote the national interest in reducing 

5 domestic violence, dating violence, sexual assault, 

6 and stalking by enabling victims of domestic or sex7 ual violence to maintain the financial independence 

8 necessary to leave abusive situations, achieve safety, 

9 and minimize the physical and emotional injuries 

10 from domestic or sexual violence, and to reduce the 

11 devastating economic consequences of domestic or 

12 sexual violence to employers and employees; 

13 (2) to promote the national interest in ensuring 

14 that victims of domestic or sexual violence can re15 cover from and cope with the effects of such vio16 lence, and participate in criminal and civil justice 

17 processes, without fear of adverse economic con18 sequences from their employers; 

19 (3) to ensure that victims of domestic or sexual 

20 violence can recover from and cope with the effects 

21 of such violence, and participate in criminal and civil 

22 justice processes, without fear of adverse economic 

23 consequences with respect to public benefits; 

24 (4) to promote the purposes of the 14th amend25 ment to the Constitution by preventing sex-based 
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1 discrimination and discrimination against victims of 

2 domestic and sexual violence in employment, by ad3 dressing the failure of existing laws to protect the 

4 employment rights of victims of domestic or sexual 

5 violence, by protecting the civil and economic rights 

6 of victims of domestic or sexual violence, and by fur7 thering the equal opportunity of women for economic 

8 self-sufficiency and employment free from discrimi9 nation; 

10 (5) to minimize the negative impact on inter11 state commerce from dislocations of employees and 

12 harmful effects on productivity, employment, health 

13 care costs, and employer costs, caused by domestic 

14 or sexual violence, including intentional efforts to 

15 frustrate women’s ability to participate in employ16 ment and interstate commerce; and 

17 (6) to accomplish the purposes described in 

18 paragraphs (1) through (5) by prohibiting employers 

19 from discriminating against actual or perceived vic20 tims of domestic or sexual violence, in a manner that 

21 accommodates the legitimate interests of employers 

22 and protects the safety of all persons in the work23 place. 
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1 SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 

2 (a) IN GENERAL.—An employer shall not fail to hire, 

3 refuse to hire, discharge, or harass any individual, or oth4 erwise discriminate against any individual with respect to 

5 the compensation, terms, conditions, or privileges of em6 ployment of the individual (including retaliation in any 

7 form or manner), and a public agency shall not deny, re8 duce, or terminate the benefits of, otherwise sanction, or 

9 harass any individual, or otherwise discriminate against 

10 any individual with respect to the amount, terms, or condi11 tions of public assistance of the individual (including retal12 iation in any form or manner), because—

13 (1) the individual involved—

14 (A) is or is perceived to be a victim of do15 mestic or sexual violence; 

16 (B) attended, participated in, prepared for, 

17 or requested leave to attend, participate in, or 

18 prepare for, a criminal or civil court proceeding 

19 relating to an incident of domestic or sexual vi20 olence of which the individual, or the family or 

21 household member of the individual, was a vic22 tim; or 

23 (C) requested an adjustment to a job 

24 structure, workplace facility, or work require25 ment, including a transfer, reassignment, or 

26 modified schedule, leave, a changed telephone 
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1 number or seating assignment, installation of a 

2 lock, or implementation of a safety procedure, 

3 in response to actual or threatened domestic or 

4 sexual violence, regardless of whether the re5 quest was granted; or 

6 (2) the workplace is disrupted or threatened by 

7 the action of a person whom the individual states

8 has committed or threatened to commit domestic or 

9 sexual violence against the individual, or the individ10 ual’s family or household member.

11 (b) DEFINITIONS.—In this section: 

12 (1) DISCRIMINATE.—The term ‘‘discriminate’’, 

13 used with respect to the terms, conditions, or privi14 leges of employment or with respect to the terms or 

15 conditions of public assistance, includes not making 

16 a reasonable accommodation to the known limita17 tions of an otherwise qualified individual—

18 (A) who is a victim of domestic or sexual 

19 violence; 

20 (B) who is—

21 (i) an applicant or employee of the 

22 employer (including a public agency); or 

23 (ii) an applicant for or recipient of 

24 public assistance from the public agency; 

25 and 
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1 (C) whose limitations resulted from cir2 cumstances relating to being a victim of domes3 tic or sexual violence; 

4 unless the employer or public agency can dem5 onstrate that the accommodation would impose an 

6 undue hardship on the operation of the employer or 

7 public agency. 

8 (2) QUALIFIED INDIVIDUAL.—The term ‘‘quali9 fied individual’’ means—

10 (A) in the case of an applicant or employee 

11 described in paragraph (1)(B)(i), an individual 

12 who, with or without reasonable accommoda13 tion, can perform the essential functions of the 

14 employment position that such individual holds 

15 or desires; or 

16 (B) in the case of an applicant or recipient 

17 described in paragraph (1)(B)(ii), an individual 

18 who, with or without reasonable accommoda19 tion, can satisfy the essential requirements of 

20 the program providing the public assistance 

21 that the individual receives or desires. 

22 (3) REASONABLE ACCOMMODATION.—The term 

23 ‘‘reasonable accommodation’’ may include an adjust24 ment to a job structure, workplace facility, or work 

25 requirement, including a transfer, reassignment, or 
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1 modified schedule, leave, a changed telephone num2 ber or seating assignment, installation of a lock, or 

3 implementation of a safety procedure, in response to 

4 actual or threatened domestic or sexual violence. 

5 (4) UNDUE HARDSHIP.—

6 (A) IN GENERAL.—The term ‘‘undue hard7 ship’’ means an action requiring significant dif8 ficulty or expense, when considered in light of 

9 the factors set forth in subparagraph (B). 

10 (B) FACTORS TO BE CONSIDERED.—In de11 termining whether a reasonable accommodation 

12 would impose an undue hardship on the oper13 ation of an employer or public agency, factors 

14 to be considered include—

15 (i) the nature and cost of the reason16 able accommodation needed under this sec17 tion; 

18 (ii) the overall financial resources of 

19 the facility involved in the provision of the 

20 reasonable accommodation, the number of 

21 persons employed at such facility, the ef22 fect on expenses and resources, or the im23 pact otherwise of such accommodation on 

24 the operation of the facility; 
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1 (iii) the overall financial resources of 

2 the employer or public agency, the overall 

3 size of the business of an employer or pub4 lic agency with respect to the number of 

5 employees of the employer or public agen6 cy, and the number, type, and location of 

7 the facilities of an employer or public agen8 cy; and 

9 (iv) the type of operation of the em10 ployer or public agency, including the com11 position, structure, and functions of the 

12 workforce of the employer or public agen13 cy, the geographic separateness of the fa14 cility from the employer or public agency, 

15 and the administrative or fiscal relation16 ship of the facility to the employer or pub17 lic agency. 

18 SEC. 304. ENFORCEMENT. 

19 (a) CIVIL ACTION BY INDIVIDUALS.—

20 (1) LIABILITY.—Any employer or public agency 

21 that violates section 303 shall be liable to any indi22 vidual affected for—

23 (A) damages equal to the amount of 

24 wages, salary, employment benefits, public as25 sistance, or other compensation denied or lost 
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1 to such individual by reason of the violation, 

2 and the interest on that amount calculated at 

3 the prevailing rate; 

4 (B) compensatory damages, including dam5 ages for future pecuniary losses, emotional 

6 pain, suffering, inconvenience, mental anguish, 

7 loss of enjoyment or life, and other nonpecu8 niary losses; 

9 (C) such punitive damages, up to 3 times 

10 the amount of actual damages sustained, as the 

11 court described in paragraph (2) shall deter12 mine to be appropriate; and 

13 (D) such equitable relief as may be appro14 priate, including employment, reinstatement, 

15 and promotion. 

16 (2) RIGHT OF ACTION.—An action to recover 

17 the damages or equitable relief prescribed in para18 graph (1) may be maintained against any employer 

19 or public agency in any Federal or State court of 

20 competent jurisdiction by any 1 or more individuals 

21 described in section 303. 

22 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At23 torney General may bring a civil action in any Federal 

24 or State court of competent jurisdiction to recover the 

25 damages or equitable relief described in subsection (a)(1). 
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1 SEC. 305. ATTORNEY’S FEES. 

2 Section 722(b) of the Revised Statutes (42 U.S.C. 

3 1988(b)) is amended by inserting ‘‘the Victims’ Employ4 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

5 Rights Act of 1964,’’.

6 TITLE IV—VICTIMS OF ABUSE 

7 INSURANCE PROTECTION 

8 SEC. 401. SHORT TITLE. 

9 This title may be cited as the ‘‘Victims of Abuse In10 surance Protection Act’’. 

11 SEC. 402. DEFINITIONS. 

12 In this title: 

13 (1) ABUSE.—The term ‘‘abuse’’ means the oc14 currence of 1 or more of the following acts by a cur15 rent or former household or family member, intimate 

16 partner, or caretaker: 

17 (A) Attempting to cause or causing an18 other person bodily injury, physical harm, sub19 stantial emotional distress, psychological trau20 ma, rape, sexual assault, or involuntary sexual 

21 intercourse. 

22 (B) Engaging in a course of conduct or re23 peatedly committing acts toward another per24 son, including following the person without 

25 proper authority and under circumstances that 
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1 place the person in reasonable fear of bodily in2 jury or physical harm. 

3 (C) Subjecting another person to false im4 prisonment or kidnapping. 

5 (D) Attempting to cause or causing dam6 age to property so as to intimidate or attempt 

7 to control the behavior of another person. 

8 (2) HEALTH CARRIER.—The term ‘‘health car9 rier’’ means a person that contracts or offers to con10 tract on a risk-assuming basis to provide, deliver, ar11 range for, pay for, or reimburse any of the cost of 

12 health care services, including a sickness and acci13 dent insurance company, a health maintenance orga14 nization, a nonprofit hospital and health service cor15 poration or any other entity providing a plan of 

16 health insurance, health benefits or health services. 

17 (3) INSURED.—The term ‘‘insured’’ means a 

18 party named on a policy, certificate, or health ben19 efit plan, including an individual, corporation, part20 nership, association, unincorporated organization, or 

21 any similar entity, as the person with legal rights to 

22 the benefits provided by the policy, certificate, or 

23 health benefit plan. For group insurance, such term 

24 includes a person who is a beneficiary covered by a 

25 group policy, certificate, or health benefit plan. For 
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1 life insurance, the term refers to the person whose 

2 life is covered under an insurance policy. 

3 (4) INSURER.—The term ‘‘insurer’’ means any 

4 person, reciprocal exchange, inter insurer, Lloyds in5 surer, fraternal benefit society, or other legal entity 

6 engaged in the business of insurance, including 

7 agents, brokers, adjusters, and third-party adminis8 trators; and employers who provide or make avail9 able employment benefits through an employee ben10 efit plan, as defined in section 3(3) of the Employee 

11 Retirement Income Security Act of 1974 (29 U.S.C. 

12 102(3)). The term also includes health carriers, 

13 health benefit plans, and life, disability, and prop14 erty and casualty insurers. 

15 (5) POLICY.—The term ‘‘policy’’ means a con16 tract of insurance, certificate, indemnity, suretyship, 

17 or annuity issued, proposed for issuance or intended 

18 for issuance by an insurer, including endorsements 

19 or riders to an insurance policy or contract. 

20 (6) SUBJECT OF ABUSE.—The term ‘‘subject of 

21 abuse’’ means— 

22 (A) a person against whom an act of abuse 

23 has been directed; 
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1 (B) a person who has prior or current in2 juries, illnesses, or disorders that resulted from 

3 abuse; or 

4 (C) a person who seeks, may have sought, 

5 or had reason to seek medical or psychological 

6 treatment for abuse, protection, court-ordered 

7 protection, or shelter from abuse. 

8 SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 

9 (a) IN GENERAL.—No insurer may, directly or indi10 rectly, engage in any of the following acts or practices on 

11 the basis that the applicant or insured, or any person em12 ployed by the applicant or insured or with whom the appli13 cant or insured is known to have a relationship or associa14 tion, is, has been, or may be the subject of abuse or has 

15 incurred or may incur abuse-related claims: 

16 (1) Denying, refusing to issue, renew or reissue, 

17 or canceling or otherwise terminating an insurance 

18 policy or health benefit plan. 

19 (2) Restricting, excluding, or limiting insurance 

20 coverage for losses or denying a claim, except as oth21 erwise permitted or required by State laws relating 

22 to life insurance beneficiaries. 

23 (3) Adding a premium differential to any insur24 ance policy or health benefit plan. 
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1 (b) PROHIBITION ON LIMITATION OF CLAIMS.—No 

2 insurer may, directly or indirectly, deny or limit payment 

3 of a claim incurred by an innocent insured as a result of 

4 abuse. 

5 (c) PROHIBITION ON TERMINATION.—

6 (1) IN GENERAL.—No insurer or health carrier 

7 may terminate health coverage for a subject of abuse 

8 because coverage was originally issued in the name 

9 of the abuser and the abuser has divorced, separated 

10 from, or lost custody of the subject of abuse or the 

11 abuser’s coverage has terminated voluntarily or in12 voluntarily and the subject of abuse does not qualify 

13 for an extension of coverage under part 6 of subtitle 

14 B of title I of the Employee Retirement Income Se15 curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec16 tion 4980B of the Internal Revenue Code of 1986. 

17 (2) PAYMENT OF PREMIUMS.—Nothing in para18 graph (1) shall be construed to prohibit the insurer 

19 from requiring that the subject of abuse pay the full 

20 premium for the subject’s coverage under the health 

21 plan if the requirements are applied to all insured of 

22 the health carrier. 

23 (3) EXCEPTION.—An insurer may terminate 

24 group coverage to which this subsection applies after 

25 the continuation coverage period required by this 
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1 subsection has been in force for 18 months if it of2 fers conversion to an equivalent individual plan. 

3 (4) CONTINUATION COVERAGE.—The continu4 ation of health coverage required by this subsection 

5 shall be satisfied by any extension of coverage under 

6 part 6 of subtitle B of title I of the Employee Re7 tirement Income Security Act of 1974 (29 U.S.C. 

8 1161 et seq.) or section 4980B of the Internal Rev9 enue Code of 1986 provided to a subject of abuse 

10 and is not intended to be in addition to any exten11 sion of coverage otherwise provided for under such 

12 part 6 or section 4980B. 

13 (d) USE OF INFORMATION.—

14 (1) LIMITATION.—

15 (A) IN GENERAL.—In order to protect the 

16 safety and privacy of subjects of abuse, no per17 son employed by or contracting with an insurer 

18 or health benefit plan may— 

19 (i) use, disclose, or transfer informa20 tion relating to abuse status, acts of abuse, 

21 abuse-related medical conditions or the ap22 plicant’s or insured’s status as a family 

23 member, employer, associate, or person in 

24 a relationship with a subject of abuse for 

25 any purpose unrelated to the direct provi-
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1 sion of health care services unless such 

2 use, disclosure, or transfer is required by 

3 an order of an entity with authority to reg4 ulate insurance or an order of a court of 

5 competent jurisdiction; or 

6 (ii) disclose or transfer information 

7 relating to an applicant’s or insured’s mail8 ing address or telephone number or the 

9 mailing address and telephone number of a 

10 shelter for subjects of abuse, unless such 

11 disclosure or transfer— 

12 (I) is required in order to provide 

13 insurance coverage; and 

14 (II) does not have the potential 

15 to endanger the safety of a subject of 

16 abuse. 

17 (B) RULE OF CONSTRUCTION.—Nothing in 

18 this paragraph may be construed to limit or 

19 preclude a subject of abuse from obtaining the 

20 subject’s own insurance records from an in21 surer. 

22 (2) AUTHORITY OF SUBJECT OF ABUSE.—A 

23 subject of abuse, at the absolute discretion of the 

24 subject of abuse, may provide evidence of abuse to 

25 an insurer for the limited purpose of facilitating 
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1 treatment of an abuse-related condition or dem2 onstrating that a condition is abuse-related. Nothing 

3 in this paragraph shall be construed as authorizing 

4 an insurer or health carrier to disregard such pro5 vided evidence.

6 SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 

7 ABUSE. 

8 Insurers shall develop and adhere to written policies 

9 specifying procedures to be followed by employees, con10 tractors, producers, agents, and brokers for the purpose 

11 of protecting the safety and privacy of a subject of abuse 

12 and otherwise implementing this title when taking an ap13 plication, investigating a claim, or taking any other action 

14 relating to a policy or claim involving a subject of abuse. 

15 SEC. 405. REASONS FOR ADVERSE ACTIONS. 

16 An insurer that takes an action that adversely affects 

17 a subject of abuse, shall advise the subject of abuse appli18 cant or insured of the specific reasons for the action in 

19 writing. For purposes of this section, reference to general 

20 underwriting practices or guidelines shall not constitute 

21 a specific reason. 

22 SEC. 406. LIFE INSURANCE. 

23 Nothing in this title shall be construed to prohibit 

24 a life insurer from declining to issue a life insurance policy 

25 if the applicant or prospective owner of the policy is or 
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1 would be designated as a beneficiary of the policy, and 

2 if—

3 (1) the applicant or prospective owner of the 

4 policy lacks an insurable interest in the insured; or 

5 (2) the applicant or prospective owner of the 

6 policy is known, on the basis of police or court 

7 records, to have committed an act of abuse against 

8 the proposed insured. 

9 SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 

10 Subrogation of claims resulting from abuse is prohib11 ited without the informed consent of the subject of abuse. 

12 SEC. 408. ENFORCEMENT. 

13 (a) FEDERAL TRADE COMMISSION.—

14 (1) IN GENERAL.—The Federal Trade Commis15 sion shall have the power to examine and investigate 

16 any insurer to determine whether such insurer has 

17 been or is engaged in any act or practice prohibited 

18 by this title. 

19 (2) CEASE AND DESIST ORDERS.—If the Fed20 eral Trade Commission determines an insurer has 

21 been or is engaged in any act or practice prohibited 

22 by this title, the Commission may take action 

23 against such insurer by the issuance of a cease and 

24 desist order as if the insurer was in violation of sec25 tion 5 of the Federal Trade Commission Act. Such 
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1 cease and desist order may include any individual re2 lief warranted under the circumstances, including 

3 temporary, preliminary, and permanent injunctive 

4 and compensatory relief. 

5 (b) PRIVATE CAUSE OF ACTION.—

6 (1) IN GENERAL.—An applicant or insured who 

7 believes that the applicant or insured has been ad8 versely affected by an act or practice of an insurer 

9 in violation of this title may maintain an action 

10 against the insurer in a Federal or State court of 

11 original jurisdiction.

12 (2) RELIEF.—Upon proof of such conduct by a 

13 preponderance of the evidence in an action described 

14 in paragraph (1), the court may award appropriate 

15 relief, including temporary, preliminary, and perma16 nent injunctive relief and compensatory and punitive 

17 damages, as well as the costs of suit and reasonable 

18 fees for the aggrieved individual’s attorneys and ex19 pert witnesses. 

20 (3) STATUTORY DAMAGES.—With respect to 

21 compensatory damages in an action described in 

22 paragraph (1), the aggrieved individual may elect, at 

23 any time prior to the rendering of final judgment, to 

24 recover in lieu of actual damages, an award of statu-
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1 tory damages in the amount of $5,000 for each vio2 lation. 

3 SEC. 409. EFFECTIVE DATE. 

4 This title shall apply with respect to any action taken 

5 on or after the date of enactment of this Act.

6 TITLE V—WORKPLACE SAFETY 

7 PROGRAM TAX CREDIT 

8 SEC. 501. CREDIT FOR COSTS TO EMPLOYERS OF IMPLE9 MENTING WORKPLACE SAFETY PROGRAMS. 

10 (a) IN GENERAL.—Subpart D of part IV of sub11 chapter A of chapter 1 of the Internal Revenue Code of 

12 1986 (relating to business related credits) is amended by 

13 adding at the end the following: 

14 ‘‘SEC. 45G. WORKPLACE SAFETY PROGRAM CREDIT. 

15 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

16 workplace safety program credit determined under this 

17 section for the taxable year is, for any employer, an 

18 amount equal to 40 percent of the domestic and sexual 

19 violence safety and education costs paid or incurred by 

20 such employer during the taxable year. 

21 ‘‘(b) DEFINITIONS.—For purposes of this section—

22 ‘‘(1) DOMESTIC AND SEXUAL VIOLENCE SAFETY

23 AND EDUCATION COST.—

24 ‘‘(A) IN GENERAL.—The term ‘domestic 

25 and sexual violence safety and education cost’ 
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1 means any cost certified by the Secretary of 

2 Labor to the Secretary as being for the purpose 

3 of—

4 ‘‘(i) ensuring the safety of employees 

5 from domestic or sexual violence, 

6 ‘‘(ii) providing assistance to employees 

7 and the spouses and dependents of employ8 ees with respect to domestic or sexual vio9 lence, 

10 ‘‘(iii) providing legal or medical serv11 ices to employees and the spouses and de12 pendents of employees subjected to, or at 

13 risk from, domestic or sexual violence, 

14 ‘‘(iv) educating employees about the 

15 issue of domestic or sexual violence, or 

16 ‘‘(v) implementing human resource or 

17 personnel policies initiated to protect em18 ployees from domestic or sexual violence or 

19 to support employees who have been vic20 tims of domestic or sexual violence. 

21 ‘‘(B) TYPES OF COSTS.—Such term in22 cludes costs certified by the Secretary of Labor 

23 to the Secretary as being for the purpose of—
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1 ‘‘(i) the hiring of new security per2 sonnel in order to address domestic or sex3 ual violence, 

4 ‘‘(ii) the creation of buddy systems or 

5 escort systems for walking employees to 

6 parking lots, parked cars, subway stations, 

7 or bus stops, in order to address domestic 

8 or sexual violence, 

9 ‘‘(iii) the purchase or installation of 

10 new security equipment, including surveil11 lance equipment, lighting fixtures, cardkey 

12 access systems, and identification systems, 

13 in order to address domestic or sexual vio14 lence, 

15 ‘‘(iv) the establishment of an employee 

16 assistance line or other employee assist17 ance services, in order to address domestic 

18 or sexual violence, for the use of individual 

19 employees, including counseling or referral 

20 services undertaken in consultation and co21 ordination with national, State, or local do22 mestic violence coalitions, sexual assault 

23 coalitions, domestic violence programs, or 

24 sexual assault programs, 
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1 ‘‘(v) the retention of an attorney to 

2 provide legal services to employees seeking 

3 restraining orders or other legal recourse 

4 from domestic or sexual violence, 

5 ‘‘(vi) the establishment of medical 

6 services addressing the medical needs of 

7 employees who are victims of domestic or 

8 sexual violence, 

9 ‘‘(vii) the retention of a financial ex10 pert or an accountant to provide financial 

11 counseling to employees seeking to escape 

12 from domestic or sexual violence, 

13 ‘‘(viii) the establishment of an edu14 cation program for employees, consisting of 

15 seminars or training sessions about domes16 tic or sexual violence undertaken in con17 sultation and coordination with national, 

18 State, or local domestic violence coalitions, 

19 sexual assault coalitions, domestic violence 

20 programs, or sexual assault programs, 

21 ‘‘(ix) studies of the cost, impact, or 

22 extent of domestic or sexual violence at the 

23 employer’s place of business, if such stud24 ies are made available to the public and 
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1 protect the identity of employees included 

2 in the study, 

3 ‘‘(x) the publication of a regularly dis4 seminated newsletter or other regularly 

5 disseminated educational materials about 

6 domestic or sexual violence, 

7 ‘‘(xi) the implementation of leave poli8 cies for the purpose of allowing or accom9 modating the needs of victims of domestic 

10 or sexual violence to pursue counseling, 

11 legal assistance, or safety planning, includ12 ing leave from work to attend meetings 

13 with attorneys, to give evidentiary state14 ments or depositions, and to attend hear15 ings or trials in court, 

16 ‘‘(xii) the implementation of flexible 

17 work policies for the purpose of allowing or 

18 accommodating the needs of employees 

19 who are victims of domestic or sexual vio20 lence, or employees at risk with respect to 

21 such crimes, to avoid assailants, 

22 ‘‘(xiii) the implementation of transfer 

23 policies for the purpose of allowing or ac24 commodating the needs of employees sub25 jected to domestic or sexual violence to 
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1 change office locations within the company 

2 in order to avoid assailants or to allow the 

3 transfer of an employee who has per4 petrated domestic or sexual violence in 

5 order to protect the victim, including pay6 ment of costs for the transfer and reloca7 tion of an employee to another city, coun8 ty, State, or country for the purpose of 

9 maintaining an employee’s safety from do10 mestic or sexual violence, or 

11 ‘‘(xiv) the provision of any of the serv12 ices described in clauses (iv) through (viii) 

13 to the spouses or dependents of employees. 

14 ‘‘(C) NOTIFICATION OF POSSIBLE TAX

15 CONSEQUENCES.—In no event shall any cost for 

16 goods or services which may be included in the 

17 income of any employee receiving or benefiting 

18 from such goods or services be treated as a do19 mestic and sexual violence safety and education 

20 cost unless the employer notifies the employee 

21 in writing of the possibility of such inclusion. 

22 ‘‘(2) DOMESTIC OR SEXUAL VIOLENCE.—The 

23 term ‘domestic or sexual violence’ means domestic 

24 violence, dating violence, sexual assault, or stalking, 
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1 as those terms are defined in section 3 of the Secu2 rity and Financial Empowerment Act. 

3 ‘‘(3) DOMESTIC VIOLENCE COALITION; SEXUAL

4 ASSAULT COALITION.—The terms ‘domestic violence 

5 coalition’ and ‘sexual assault coalition’ have the 

6 meanings given the terms in section 3 of the Secu7 rity and Financial Empowerment Act.

8 ‘‘(4) EMPLOYEE.—The term ‘employee’ means 

9 a person who is an employee, as defined in section 

10 3(9) of the Security and Financial Empowerment 

11 Act, except that the person may be employed by any 

12 employer described in paragraph (5). 

13 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

14 a person who is an employer, as defined in section 

15 3(10) of such Act, determined without regard to the 

16 number of individuals employed. 

17 ‘‘(c) COORDINATION WITH OTHER PROVISIONS.—No 

18 credit or deduction shall be allowed under any other provi19 sion of this title for any amount for which a credit is al20 lowed under this section.’’. 

21 (b) TREATMENT AS GENERAL BUSINESS CREDIT.—

22 (1) IN GENERAL.—Subsection (b) of section 38 

23 of the Internal Revenue Code of 1986 (relating to 

24 general business credit) is amended by striking 

25 ‘‘plus’’ at the end of paragraph (14), by striking the 
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1 period at the end of paragraph (15) and inserting ‘‘, 

2 plus’’, and by adding at the end the following: 

3 ‘‘(16) the workplace safety program credit de4 termined under section 45G.’’. 

5 (2) TRANSITIONAL RULE FOR CARRYBACKS.—

6 Subsection (d) of section 39 of such Code (relating 

7 to transitional rules) is amended by adding at the 

8 end the following: 

9 ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT

10 BEFORE EFFECTIVE DATE.—No portion of the un11 used business credit for any taxable year which is 

12 attributable to the workplace safety program credit 

13 determined under section 45G may be carried back 

14 to a taxable year beginning before January 1, 

15 2004.’’. 

16 (3) DEDUCTION FOR UNUSED CREDITS.—Sub17 section (c) of section 196 of such Code (relating to 

18 deduction for certain unused business credits) is 

19 amended by striking ‘‘and’’ at the end of paragraph 

20 (9), by striking the period at the end of paragraph 

21 (10) and inserting ‘‘, and’’, and by adding at the 

22 end the following: 

23 ‘‘(11) the workplace safety program credit de24 termined under section 45G.’’. 
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1 (c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—

2 The allowance of a credit under section 45G of the Inter3 nal Revenue Code of 1986 (as added by this section) shall 

4 not absolve employers of their responsibilities under any 

5 other law and shall not be construed as a defense to any 

6 legal action (other than legal action by the Secretary of 

7 the Treasury under such Code). 

8 (d) CLERICAL AMENDMENT.—The table of sections 

9 for subpart D of part IV of subchapter A of chapter 1 

10 of the Internal Revenue Code of 1986 is amended by add11 ing at the end the following:

‘‘Sec. 45G. Workplace safety program credit.’’.

12 (e) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to taxable years beginning after 

14 December 31, 2003.

15 TITLE VI—NATIONAL CLEARING16 HOUSE ON DOMESTIC AND 

17 SEXUAL VIOLENCE IN THE 

18 WORKPLACE GRANT 

19 SEC. 601. NATIONAL CLEARINGHOUSE ON DOMESTIC AND 

20 SEXUAL VIOLENCE IN THE WORKPLACE 

21 GRANT. 

22 (a) AUTHORITY.—The Attorney General may award 

23 a grant in accordance with this section to a private, non24 profit entity or tribal organization that meets the require25 ments of subsection (b), in order to provide for the estab-
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1 lishment and operation of a national clearinghouse and re2 source center to provide information and assistance to em3 ployers, labor organizations, and advocates on behalf of 

4 victims of domestic or sexual violence, in their efforts to 

5 develop and implement appropriate responses to assist 

6 those victims. 

7 (b) GRANTEES.—Each applicant for a grant under 

8 this section shall submit to the Attorney General an appli9 cation, which shall—

10 (1) demonstrate that the applicant—

11 (A) has a nationally recognized expertise in 

12 the area of domestic violence, dating violence, 

13 sexual assault, and stalking, and a record of 

14 commitment and quality responses to reduce 

15 domestic violence, dating violence, sexual as16 sault, and stalking; and 

17 (B) will provide matching funds from non18 Federal sources in an amount equal to not less 

19 than 10 percent of the total amount of the 

20 grant awarded under this section; and 

21 (2) include a plan to maximize, to the extent 

22 practicable, outreach to employers (including private 

23 companies, as well as public entities such as univer24 sities, and State and local governments) in devel25 oping and implementing appropriate responses to as-
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1 sist employees who are victims of domestic or sexual 

2 violence. 

3 (c) USE OF GRANT AMOUNT.—A grant under this 

4 section may be used for staff salaries, travel expenses, 

5 equipment, printing, and other reasonable expenses nec6 essary to assemble, maintain, and disseminate to employ7 ers, labor organizations, and advocates described in sub8 section (a), information on and appropriate responses to 

9 domestic violence, dating violence, sexual assault, and 

10 stalking, including—

11 (1) training to promote a better understanding 

12 of appropriate assistance to employee victims; 

13 (2) conferences and other educational opportu14 nities; 

15 (3) development of protocols and model work16 place policies; 

17 (4) employer- and union-sponsored victim serv18 ices and outreach counseling; and 

19 (5) assessments of the workplace costs of do20 mestic violence, dating violence, sexual assault, and 

21 stalking. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $500,000 for each of fiscal years 2004 through 2008. 
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1 TITLE VII—SEVERABILITY 

2 SEC. 701. SEVERABILITY. 

3 If any provision of this Act, any amendment made 

4 by this Act, or the application of such provision or amend5 ment to any person or circumstance is held to be unconsti6 tutional, the remainder of the provisions of this Act, the 

7 amendments made by this Act, and the application of such 

8 provisions or amendments to any person or circumstance 

9 shall not be affected.

Æ