II 

109TH CONGRESS 

1ST SESSION S. 1796 

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

dating violence, sexual assault, or stalking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2005 

Mrs. MURRAY (for herself, Mr. LEAHY, Mr. DAYTON, Mr. DODD, and Mr. 

CORZINE) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To promote the economic security and safety of victims of 

domestic violence, dating violence, sexual assault, or 

stalking, 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’’ or the 

6 ‘‘SAFE Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 
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Sec. 3. Definitions. 

TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 

Sec. 101. Purposes. 

Sec. 102. Entitlement to emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 103. Existing leave usable for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 104. Emergency benefits. 

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

Sec. 107. Conforming amendment. 

Sec. 108. 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—NATIONAL CLEARINGHOUSE AND RESOURCE CENTER 

ON DOMESTIC AND SEXUAL VIOLENCE IN THE WORKPLACE 

GRANT 

Sec. 501. National clearinghouse and resource center on domestic and sexual 

violence in the workplace grant. 

TITLE VI—SEVERABILITY 

Sec. 601. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 
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1 (1) Domestic violence crimes account for ap2 proximately 15 percent of total crime costs in the 

3 United States each year. 

4 (2) Violence against women has been reported 

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

6 Such violence has a devastating impact on women’s 

7 physical and emotional health and financial security. 

8 (3) According to a recent study by the National 

9 Institutes of Health and Centers for Disease Control 

10 and Prevention, each year there are 5,300,000 non11 fatal violent victimizations committed by intimate 

12 partners against women. Female murder victims 

13 were substantially more likely than male murder vic14 tims to have been killed by an intimate partner. 

About 1 15 ⁄3 of female murder victims, and about 4 per16 cent of male murder victims, were killed by an inti17 mate partner. 

18 (4) According to recent government estimates, 

19 approximately 987,400 rapes occur annually in the 

20 United States, 89 percent of the rapes perpetrated 

21 against female victims. Since 2001, rapes have actu22 ally increased by 4 percent. 

23 (5) Approximately 10,200,000 people have been 

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

25 5 stalking victims are women. Stalkers harass and 
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1 terrorize their victims by spying on the victims, 

2 standing outside their places of work or homes, mak3 ing unwanted phone calls, sending or leaving un4 wanted letters or items, or vandalizing property. 

5 (6) Employees in the United States who have 

6 been victims of domestic violence, dating violence, 

7 sexual assault, or stalking too often suffer adverse 

8 consequences in the workplace as a result of their 

9 victimization. 

10 (7) Victims of domestic violence, dating vio11 lence, sexual assault, and stalking are particularly 

12 vulnerable to changes in employment, pay, and bene13 fits as a result of their victimizations, and are, 

14 therefore, in need of legal protection. 

15 (8) The prevalence of domestic violence, dating 

16 violence, sexual assault, stalking, and other violence 

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

18 individuals, 80 percent of whom are women, were 

19 raped or sexually assaulted in the workplace each 

20 year from 1993 through 1999. Half of all female 

21 victims of violent workplace crimes know their 

22 attackers. Nearly 1 out of 10 violent workplace inci23 dents are committed by partners or spouses. Women 

24 who work for State and local governments suffer a 
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1 higher incidence of workplace assaults, including 

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

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

4 women on the job. Husbands, boyfriends, and ex5 partners commit 15 percent of workplace homicides 

6 against women. 

7 (10) Studies indicate that between 35 and 56 

8 percent of employed battered women surveyed were 

9 harassed at work by their abusive partners. 

10 (11) According to a 1998 report of the Government Accountability Office, between 1⁄4 and 1 11 ⁄2 of 

12 domestic violence victims surveyed in 3 studies re13 ported that the victims lost a job due, at least in 

14 part, to domestic violence. 

15 (12) Women who have experienced domestic vi16 olence or dating violence are more likely than other 

17 women to be unemployed, to suffer from health 

18 problems that can affect employability and job per19 formance, to report lower personal income, and to 

20 rely on welfare. 

21 (13) Abusers frequently seek to control their 

22 partners by actively interfering with their ability to 

23 work, including preventing their partners from going 

24 to work, harassing their partners at work, limiting 

25 the access of their partners to cash or transpor-
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1 tation, and sabotaging the child care arrangements 

2 of their partners. 

(14) More than 1 3 ⁄2 of women receiving welfare 

4 have been victims of domestic violence as adults and 

between 1⁄4 and 1 5 ⁄3 reported being abused in the last 

6 year. 

7 (15) Victims of intimate partner violence lose 

8 8,000,000 days of paid work each year, the equiva9 lent of over 32,000 full-time jobs and 5,600,000 

10 days of household productivity. 

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

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

13 performance, require time away from work, and un14 dermine the employee’s ability to maintain a job. Al15 most 50 percent of sexual assault survivors lose their 

16 jobs or are forced to quit in the aftermath of the as17 saults. 

18 (17) More than 35 percent of stalking victims 

19 report losing time from work due to the stalking and 

20 7 percent never return to work. 

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

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

23 annually in medical expenses, lost earnings, social 

24 service costs, pain, suffering, and reduced quality of 
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1 life for victims, which harms the Nation’s produc2 tivity and drains the Nation’s resources. 

3 (B) Violent crime accounts for 

4 $426,000,000,000 per year of this amount. 

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

6 any criminal offense, and accounts for 

7 $127,000,000,000 per year of the amount described 

8 in subparagraph (A). 

9 (19) Violent crime results in wage losses equiv10 alent to 1 percent of all United States earnings, and 

11 causes 3 percent of the Nation’s medical spending 

12 and 14 percent of the Nation’s injury-related med13 ical spending. 

14 (20) The Bureau of National Affairs has esti15 mated that domestic violence costs United States 

16 employers between $3,000,000,000 and 

17 $5,000,000,000 annually in lost time and produc18 tivity. Other reports have estimated that domestic 

19 violence costs those employers between 

20 $5,800,000,000 and $13,000,000,000 annually. 

21 (21) United States medical costs for domestic 

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

23 per year. 

24 (22) Surveys of business executives and cor25 porate security directors also underscore the heavy 
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1 toll that workplace violence takes on women, busi2 nesses, and interstate commerce in the United 

3 States. 

4 (23) Ninety-four percent of corporate security 

5 and safety directors at companies nationwide rank 

6 domestic violence as a high security concern. 

7 (24) Forty-nine percent of senior executives re8 cently surveyed said domestic violence has a harmful 

9 effect on their company’s productivity, 47 percent 

10 said domestic violence negatively affects attendance, 

11 and 44 percent said domestic violence increases 

12 health care costs. 

13 (25) Only 28 States have laws that explicitly 

14 provide unemployment insurance to domestic vio15 lence victims in certain circumstances, and none of 

16 the laws explicitly cover victims of sexual assault or 

17 stalking. 

18 (26) Only 6 States provide domestic violence 

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

20 doctor, or to take other steps to address the domes21 tic violence in their lives, and only Maine provides 

22 such leave to victims of sexual assault and stalking. 

23 (27) No States prohibit employment discrimina24 tion against all victims of domestic violence, sexual 

25 assault, or stalking. Five States have limited protec-
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1 tions against such discrimination for some victims 

2 under certain circumstances. 

3 (28) Employees, including individuals partici4 pating in welfare to work programs, may need to 

5 take time during business hours to— 

6 (A) obtain orders of protection; 

7 (B) seek medical or legal assistance, coun8 seling, or other services; or 

9 (C) look for housing in order to escape 

10 from domestic violence. 

11 (29) Victims of domestic violence, dating vio12 lence, sexual assault, or stalking have been subjected 

13 to discrimination by private and State employers, in14 cluding discrimination motivated by stereotypic no15 tions about women and other discrimination on the 

16 basis of sex. 

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 those practices, 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— 

21 (i) discriminating against domestic vi22 olence victims and those who help them in 

23 determining eligibility for coverage, rates 

24 charged, and standards for payment of 

25 claims; or 
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1 (ii) disclosing information about abuse 

2 and the location of the victims through in3 surance databases and other means. 

4 SEC. 3. DEFINITIONS. 

5 In this Act, except as otherwise expressly provided: 

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

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

8 meanings given the terms in section 101 of the 

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

10 2611). 

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

12 of conduct’’ means a course of repeatedly maintain13 ing a visual or physical proximity to a person or con14 veying verbal or written threats, including threats 

15 conveyed through electronic communications, or 

16 threats implied by conduct. 

17 (3) DATING VIOLENCE.—The term ‘‘dating vio18 lence’’ has the meaning given the term in section 

19 826 of the Higher Education Amendments of 1998 

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

21 (4) DOMESTIC VIOLENCE.—The term ‘‘domestic 

22 violence’’ has the meaning given the term in section 

23 826 of the Higher Education Amendments of 1998 

24 (20 U.S.C. 1152). 
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1 (5) DOMESTIC VIOLENCE COALITION.—The 

2 term ‘‘domestic violence coalition’’ means a non3 profit, nongovernmental membership organization 

4 that— 

5 (A) consists of the entities carrying out a 

6 majority of the domestic violence programs car7 ried out within a State; 

8 (B) collaborates and coordinates activities 

9 with Federal, State, and local entities to further 

10 the purposes of domestic violence intervention 

11 and prevention; and 

12 (C) among other activities, provides train13 ing and technical assistance to entities carrying 

14 out domestic violence programs within a State, 

15 territory, political subdivision, or area under 

16 Federal authority. 

17 (6) ELECTRONIC COMMUNICATIONS.—The term 

18 ‘‘electronic communications’’ includes communica19 tions via telephone (including mobile phone), com20 puter, e-mail, video recorder, fax machine, telex, or 

21 pager. 

22 (7) EMPLOY; STATE.—The terms ‘‘employ’’ and 

23 ‘‘State’’ have the meanings given the terms in sec24 tion 3 of the Fair Labor Standards Act of 1938 (29 

25 U.S.C. 203). 
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1 (8) EMPLOYEE.— 

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

3 means any person employed by an employer. In 

4 the case of an individual employed by a public 

5 agency, such term means an individual em6 ployed as described in section 3(e)(2) of the 

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

8 203(e)(2)). 

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

10 employed as described in subparagraph (A) on 

11 a full- or part-time basis, for a fixed time pe12 riod, on a temporary basis, pursuant to a detail, 

13 as an independent contractor, or as a partici14 pant in a work assignment as a condition of re15 ceipt of Federal or State income-based public 

16 assistance. 

17 (9) EMPLOYER.—The term ‘‘employer’’— 

18 (A) means any person engaged in com19 merce or in any industry or activity affecting 

20 commerce who employs 15 or more individuals; 

21 and 

22 (B) includes any person acting directly or 

23 indirectly in the interest of an employer in rela24 tion to an employee, and includes a public agen25 cy that employs individuals as described in sec-
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1 tion 3(e)(2) of the Fair Labor Standards Act of 

2 1938, but does not include any labor organiza3 tion (other than when acting as an employer) or 

4 anyone acting in the capacity of officer or agent 

5 of such labor organization. 

6 (10) 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 (11) FAMILY OR HOUSEHOLD MEMBER.—The 

18 term ‘‘family or household member’’, used with re19 spect to a person, means a spouse, former spouse, 

20 parent, son or daughter, or person residing or for21 merly residing in the same dwelling unit as the per22 son. 

23 (12) PARENT; SON OR DAUGHTER.—The terms 

24 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings 
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1 given the terms in section 101 of the Family and 

2 Medical Leave Act of 1993 (29 U.S.C. 2611). 

3 (13) PERSON.—The term ‘‘person’’ has the 

4 meaning given the term in section 3 of the Fair 

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

6 (14) PUBLIC AGENCY.—The term ‘‘public agen7 cy’’ has the meaning given the term in section 3 of 

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

9 203). 

10 (15) PUBLIC ASSISTANCE.—The term ‘‘public 

11 assistance’’ includes cash, food stamps, medical as12 sistance, housing assistance, and other benefits pro13 vided on the basis of income by a public agency. 

14 (16) REDUCED LEAVE SCHEDULE.—The term 

15 ‘‘reduced leave schedule’’ means a leave schedule 

16 that reduces the usual number of hours per work17 week, or hours per workday, of an employee. 

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

19 means on 2 or more occasions. 

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

21 means the Secretary of Labor. 

22 (19) SEXUAL ASSAULT.—The term ‘‘sexual as23 sault’’ has the meaning given the term in section 

24 826 of the Higher Education Amendments of 1998 

25 (20 U.S.C. 1152). 
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1 (20) 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 (21) 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 (22) VICTIM OF DOMESTIC VIOLENCE, DATING

2 VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 

3 term ‘‘victim of domestic violence, dating violence, 

4 sexual assault, or stalking’’ includes a person who 

5 has been a victim of domestic violence, dating vio6 lence, sexual assault, or stalking and a person whose 

7 family or household member has been a victim of do8 mestic violence, dating violence, sexual assault, or 

9 stalking. 

10 (23) VICTIM SERVICES ORGANIZATION.—The 

11 term ‘‘victim services organization’’ means a non12 profit, nongovernmental organization that provides 

13 assistance to victims of domestic violence, dating vio14 lence, sexual assault, or stalking, or to advocates for 

15 such victims, including a rape crisis center, an orga16 nization carrying out a domestic violence program, 

17 an organization operating a shelter or providing 

18 counseling services, or an organization providing as19 sistance through the legal process. 
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•S 1796 IS

1 TITLE I—ENTITLEMENT TO 

2 EMERGENCY LEAVE FOR AD3 DRESSING DOMESTIC VIO4 LENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, OR STALK6 ING 

7 SEC. 101. PURPOSES. 

8 The purposes of this title are, pursuant to the affirm9 ative power of Congress to enact legislation under the por10 tions of section 8 of article I of the Constitution relating 

11 to providing for the general welfare and to regulation of 

12 commerce among the several States, and under section 5 

13 of the 14th amendment to the Constitution— 

14 (1) to promote the national interest in reducing 

15 domestic violence, dating violence, sexual assault, 

16 and stalking by enabling victims of domestic vio17 lence, dating violence, sexual assault, or stalking to 

18 maintain the financial independence necessary to 

19 leave abusive situations, achieve safety, and mini20 mize the physical and emotional injuries from do21 mestic violence, dating violence, sexual assault, or 

22 stalking, and to reduce the devastating economic 

23 consequences of domestic violence, dating violence, 

24 sexual assault, or stalking to employers and employ25 ees; 
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1 (2) to promote the national interest in ensuring 

2 that victims of domestic violence, dating violence, 

3 sexual assault, or stalking can recover from and cope 

4 with the effects of domestic violence, dating violence, 

5 sexual assault, or stalking, and participate in crimi6 nal and civil justice processes, without fear of ad7 verse economic consequences from their employers; 

8 (3) to ensure that victims of domestic violence, 

9 dating violence, sexual assault, or stalking can re10 cover from and cope with the effects of domestic vio11 lence, dating violence, sexual assault, or stalking, 

12 and participate in criminal and civil justice proc13 esses, without fear of adverse economic consequences 

14 with respect to public benefits; 

15 (4) to promote the purposes of the 14th amend16 ment by preventing sex-based discrimination and 

17 discrimination against victims of domestic violence, 

18 dating violence, sexual assault, or stalking in em19 ployment leave, by addressing the failure of existing 

20 laws to protect the employment rights of victims of 

21 domestic violence, dating violence, sexual assault, or 

22 stalking, by protecting their civil and economic 

23 rights, and by furthering the equal opportunity of 

24 women for economic self-sufficiency and employment 

25 free from discrimination; 
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1 (5) to minimize the negative impact on inter2 state commerce from dislocations of employees and 

3 harmful effects on productivity, employment, health 

4 care costs, and employer costs, caused by domestic 

5 violence, dating violence, sexual assault, or stalking, 

6 including intentional efforts to frustrate women’s 

7 ability to participate in employment and interstate 

8 commerce; 

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

10 dignity reflected in instruments such as the Charter 

11 of the United Nations, the Universal Declaration of 

12 Human Rights, and the International Covenant on 

13 Civil and Political Rights; and 

14 (7) to accomplish the purposes described in 

15 paragraphs (1) through (6) by— 

16 (A) entitling employed victims of domestic 

17 violence, dating violence, sexual assault, or 

18 stalking to take leave to seek medical help, legal 

19 assistance, counseling, safety planning, and 

20 other assistance without penalty from their em21 ployers; and 

22 (B) prohibiting employers from discrimi23 nating against actual or perceived victims of do24 mestic violence, dating violence, sexual assault, 

25 or stalking, in a manner that accommodates the 
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1 legitimate interests of employers and protects 

2 the safety of all persons in the workplace. 

3 SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD4 DRESSING DOMESTIC VIOLENCE, DATING VI5 OLENCE, SEXUAL ASSAULT, OR STALKING. 

6 (a) LEAVE REQUIREMENT.— 

7 (1) BASIS.—An employee who is a victim of do8 mestic violence, dating violence, sexual assault, or 

9 stalking may take leave from work to address do10 mestic violence, dating violence, sexual assault, or 

11 stalking, by— 

12 (A) seeking medical attention for, or recov13 ering from, physical or psychological injuries 

14 caused by domestic violence, dating violence, 

15 sexual assault, or stalking to the employee or 

16 the employee’s family or household member; 

17 (B) obtaining services from a victim serv18 ices organization for the employee or the em19 ployee’s family or household member; 

20 (C) obtaining psychological or other coun21 seling for the employee or the employee’s family 

22 or household member; 

23 (D) participating in safety planning, tem24 porarily or permanently relocating, or taking 

25 other actions to increase the safety of the em-
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1 ployee or the employee’s family or household 

2 member from future domestic violence, dating 

3 violence, sexual assault, or stalking or ensure 

4 economic security; or 

5 (E) seeking legal assistance or remedies to 

6 ensure the health and safety of the employee or 

7 the employee’s family or household member, in8 cluding preparing for or participating in any 

9 civil or criminal legal proceeding related to or 

10 derived from domestic violence, dating violence, 

11 sexual assault, or stalking. 

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

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

14 in any 12-month period. 

15 (3) SCHEDULE.—Leave described in paragraph 

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

17 leave schedule. 

18 (b) NOTICE.—The employee shall provide the em19 ployer with reasonable notice of the employee’s intention 

20 to take the leave, unless providing such notice is not prac21 ticable. 

22 (c) CERTIFICATION.— 

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

24 the employee to provide certification to the employer, 
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•S 1796 IS

1 within a reasonable period after the employer re2 quests the certification, that— 

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

4 or household member is a victim of domestic vi5 olence, dating violence, sexual assault, or stalk6 ing; and 

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

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

10 certification requirement of paragraph (1) by pro11 viding to the employer— 

12 (A) a sworn statement of the employee; 

13 (B) documentation from an employee, 

14 agent, or volunteer of a victim services organi15 zation, an attorney, a member of the clergy, or 

16 a medical or other professional, from whom the 

17 employee or the employee’s family or household 

18 member has sought assistance in addressing do19 mestic violence, dating violence, sexual assault, 

20 or stalking and the effects of domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 (C) a police or court record; or 

23 (D) other corroborating evidence. 

24 (d) CONFIDENTIALITY.—All information provided to 

25 the employer pursuant to subsection (b) or (c), including 
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1 a statement of the employee or any other documentation, 

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

3 employee has requested or obtained leave pursuant to this 

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

5 employer, except to the extent that disclosure is— 

6 (1) requested or consented to by the employee 

7 in writing; or 

8 (2) otherwise required by applicable Federal or 

9 State law. 

10 (e) EMPLOYMENT AND BENEFITS.— 

11 (1) RESTORATION TO POSITION.— 

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

13 paragraph (2), any employee who takes leave 

14 under this section for the intended purpose of 

15 the leave shall be entitled, on return from such 

16 leave— 

17 (i) to be restored by the employer to 

18 the position of employment held by the em19 ployee when the leave commenced; or 

20 (ii) to be restored to an equivalent po21 sition with equivalent employment benefits, 

22 pay, and other terms and conditions of em23 ployment. 

24 (B) LOSS OF BENEFITS.—The taking of 

25 leave under this section shall not result in the 
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•S 1796 IS

1 loss of any employment benefit accrued prior to 

2 the date on which the leave commenced. 

3 (C) LIMITATIONS.—Nothing in this sub4 section shall be construed to entitle any re5 stored employee to— 

6 (i) the accrual of any seniority or em7 ployment benefits during any period of 

8 leave; or 

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

10 employment other than any right, benefit, 

11 or position to which the employee would 

12 have been entitled had the employee not 

13 taken the leave. 

14 (D) CONSTRUCTION.—Nothing in this 

15 paragraph shall be construed to prohibit an em16 ployer from requiring an employee on leave 

17 under this section to report periodically to the 

18 employer on the status and intention of the em19 ployee to return to work. 

20 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

21 COMPENSATED EMPLOYEES.— 

22 (A) DENIAL OF RESTORATION.—An em23 ployer may deny restoration under paragraph 

24 (1) to any employee described in subparagraph 

25 (B) if— 
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1 (i) such denial is necessary to prevent 

2 substantial and grievous economic injury to 

3 the operations of the employer; 

4 (ii) the employer notifies the employee 

5 of the intent of the employer to deny res6 toration on such basis at the time the em7 ployer determines that such injury would 

8 occur; and 

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

10 commenced, the employee elects not to re11 turn to employment after receiving such 

12 notice. 

13 (B) AFFECTED EMPLOYEES.—An employee 

14 referred to in subparagraph (A) is a salaried 

15 employee who is among the highest paid 10 per16 cent of the employees employed by the employer 

17 within 75 miles of the facility at which the em18 ployee is employed. 

19 (3) MAINTENANCE OF HEALTH BENEFITS.— 

20 (A) COVERAGE.—Except as provided in 

21 subparagraph (B), during any period that an 

22 employee takes leave under this section, the em23 ployer shall maintain coverage under any group 

24 health plan (as defined in section 5000(b)(1) of 

25 the Internal Revenue Code of 1986) for the du-
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•S 1796 IS

1 ration of such leave at the level and under the 

2 conditions coverage would have been provided if 

3 the employee had continued in employment con4 tinuously for the duration of such leave. 

5 (B) FAILURE TO RETURN FROM LEAVE.— 

6 The employer may recover the premium that 

7 the employer paid for maintaining coverage for 

8 the employee under such group health plan dur9 ing any period of leave under this section if— 

10 (i) the employee fails to return from 

11 leave under this section after the period of 

12 leave to which the employee is entitled has 

13 expired; and 

14 (ii) the employee fails to return to 

15 work for a reason other than— 

16 (I) the continuation of, recur17 rence of, or onset of an episode of do18 mestic violence, dating violence, sexual 

19 assault, or stalking, that entitles the 

20 employee to leave pursuant to this 

21 section; or 

22 (II) other circumstances beyond 

23 the control of the employee. 

24 (C) CERTIFICATION.— 
28 

•S 1796 IS

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 or the employee’s family or 

21 household member has sought assist22 ance in addressing domestic violence, 

23 dating violence, sexual assault, or 

24 stalking and the effects of domestic 
29 

•S 1796 IS

1 violence, dating violence, sexual as2 sault, or stalking; 

3 (III) a police or court record; or 

4 (IV) other corroborating evi5 dence. 

6 (D) CONFIDENTIALITY.—All information 

7 provided to the employer pursuant to subpara8 graph (C), including a statement of the em9 ployee or any other documentation, record, or 

10 corroborating evidence, and the fact that the 

11 employee is not returning to work because of a 

12 reason described in subclause (I) or (II) of sub13 paragraph (B)(ii), shall be retained in the 

14 strictest confidence by the employer, except to 

15 the extent that disclosure is— 

16 (i) requested or consented to by the 

17 employee; or 

18 (ii) otherwise required by applicable 

19 Federal or State law. 

20 (f) PROHIBITED ACTS.— 

21 (1) INTERFERENCE WITH RIGHTS.— 

22 (A) EXERCISE OF RIGHTS.—It shall be un23 lawful for any employer to interfere with, re24 strain, or deny the exercise of or the attempt to 

25 exercise, any right provided under this section. 
30 

•S 1796 IS

1 (B) EMPLOYER DISCRIMINATION.—It shall 

2 be unlawful for any employer to discharge or 

3 harass any individual, or otherwise discriminate 

4 against any individual with respect to com5 pensation, terms, conditions, or privileges of 

6 employment of the individual (including retalia7 tion in any form or manner) because the indi8 vidual— 

9 (i) exercised any right provided under 

10 this section; or 

11 (ii) opposed any practice made unlaw12 ful by this section. 

13 (C) PUBLIC AGENCY SANCTIONS.—It shall 

14 be unlawful for any public agency to deny, re15 duce, or terminate the benefits of, otherwise 

16 sanction, or harass any individual, or otherwise 

17 discriminate against any individual (including 

18 retaliation in any form or manner) with respect 

19 to the amount, terms, or conditions of public 

20 assistance of the individual because the indi21 vidual— 

22 (i) exercised any right provided under 

23 this section; or 

24 (ii) opposed any practice made unlaw25 ful by this section. 
31 

•S 1796 IS

1 (2) INTERFERENCE WITH PROCEEDINGS OR IN2 QUIRIES.—It shall be unlawful for any person to dis3 charge or in any other manner discriminate (as de4 scribed in subparagraph (B) or (C) of paragraph 

5 (1)) against any individual because such indi6 vidual— 

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

8 or caused to be instituted any proceeding, 

9 under or related to this section; 

10 (B) has given, or is about to give, any in11 formation in connection with any inquiry or 

12 proceeding relating to any right provided under 

13 this section; or 

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

15 any inquiry or proceeding relating to any right 

16 provided under this section. 

17 (g) ENFORCEMENT.— 

18 (1) CIVIL ACTION BY AFFECTED INDIVID19 UALS.— 

20 (A) LIABILITY.—Any employer that vio21 lates subsection (f) shall be liable to any indi22 vidual affected— 

23 (i) for damages equal to— 

24 (I) the amount of— 
32 

•S 1796 IS

1 (aa) any wages, salary, em2 ployment benefits, or other com3 pensation denied or lost to such 

4 individual by reason of the viola5 tion; or 

6 (bb) in a case in which 

7 wages, salary, employment bene8 fits, or other compensation has 

9 not been denied or lost to the in10 dividual, any actual monetary 

11 losses sustained by the individual 

12 as a direct result of the violation; 

13 (II) the interest on the amount 

14 described in subclause (I) calculated 

15 at the prevailing rate; and 

16 (III) an additional amount as liq17 uidated damages equal to the sum of 

18 the amount described in subclause (I) 

19 and the interest described in sub20 clause (II), except that if an employer 

21 that has violated subsection (f) proves 

22 to the satisfaction of the court that 

23 the act or omission that violated sub24 section (f) was in good faith and that 

25 the employer had reasonable grounds 
33 

•S 1796 IS

1 for believing that the act or omission 

2 was not a violation of subsection (f), 

3 such court may, in the discretion of 

4 the court, reduce the amount of the li5 ability to the amount and interest de6 termined under subclauses (I) and 

7 (II), respectively; and 

8 (ii) for such equitable relief as may be 

9 appropriate, including employment, rein10 statement, and promotion. 

11 (B) RIGHT OF ACTION.—An action to re12 cover the damages or equitable relief prescribed 

13 in subparagraph (A) may be maintained against 

14 any employer in any Federal or State court of 

15 competent jurisdiction by any 1 or more af16 fected individuals for and on behalf of— 

17 (i) the individuals; or 

18 (ii) the individuals and other individ19 uals similarly situated. 

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

21 an action shall, in addition to any judgment 

22 awarded to the plaintiff, allow a reasonable at23 torney’s fee, reasonable expert witness fees, and 

24 other costs of the action to be paid by the de25 fendant. 
34 

•S 1796 IS

1 (D) LIMITATIONS.—The right provided by 

2 subparagraph (B) to bring an action by or on 

3 behalf of any affected individual shall termi4 nate— 

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

6 Secretary in an action under paragraph (4) 

7 in which restraint is sought of any further 

8 delay in the payment of the amount de9 scribed in subparagraph (A)(i) to such in10 dividual by an employer responsible under 

11 subparagraph (A) for the payment; or 

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

13 Secretary in an action under paragraph (2) 

14 in which a recovery is sought of the dam15 ages described in subparagraph (A)(i) 

16 owing to an affected individual by an em17 ployer liable under subparagraph (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, 
35 

•S 1796 IS

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 
36 

•S 1796 IS

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 or other compensation, plus interest, found by 

18 the court to be due to affected individuals; or 

19 (B) to award such other equitable relief as 

20 may be appropriate, including employment, re21 instatement, and promotion. 

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

23 Labor may appear for and represent the Secretary 

24 on any litigation brought under this subsection. 
37 

•S 1796 IS

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 violence, dating vio6 lence, sexual assault, or stalking, pursuant to any 

7 other Federal or State law, including a law providing 

8 for a legal remedy. 

9 (7) LIBRARY OF CONGRESS.—Notwithstanding 

10 any other provision of this subsection, in the case of 

11 the Library of Congress, the authority of the Sec12 retary under this subsection shall be exercised by the 

13 Librarian of Congress. 

14 (8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

15 (A) AGENCIES.—Notwithstanding any 

16 other provision of this subsection, in the case of 

17 a public agency that employs individuals as de18 scribed in subparagraph (A) or (B) of section 

19 3(e)(2) of the Fair Labor Standards Act of 

20 1938 (29 U.S.C. 203(e)(2)) (other than an en21 tity of the legislative branch of the Federal 

22 Government), subparagraph (B) shall apply. 

23 (B) AUTHORITY.—In the case described in 

24 subparagraph (A), the powers, remedies, and 

25 procedures provided in the case of a violation of 
38 

•S 1796 IS

1 chapter 63 of title 5, United States Code, in 

2 that title to an employing agency, in chapter 12 

3 of that title to the Merit Systems Protection 

4 Board, or in that title to any person alleging a 

5 violation of chapter 63 of that title, shall be the 

6 powers, remedies, and procedures this sub7 section provides in the case of a violation of 

8 subsection (f) to that agency, that Board, or 

9 any person alleging a violation of subsection (f), 

10 respectively, against an employee who is such 

11 an individual. 

12 (9) PUBLIC AGENCIES PROVIDING PUBLIC AS13 SISTANCE.—Consistent with regulations prescribed 

14 under section 106(d), the President shall ensure that 

15 any public agency that violates subsection (f)(1)(C), 

16 or subsection (f)(2) by discriminating as described in 

17 subsection (f)(1)(C), shall provide to any individual 

18 who receives a less favorable amount, term, or condi19 tion of public assistance as a result of the viola20 tion— 

21 (A)(i) the amount of any public assistance 

22 denied or lost to such individual by reason of 

23 the violation; and 

24 (ii) the interest on the amount described in 

25 clause (i); and 
39 

•S 1796 IS

1 (B) such equitable relief as may be appro2 priate. 

3 SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO4 MESTIC VIOLENCE, DATING VIOLENCE, SEX5 UAL ASSAULT, OR STALKING. 

6 An employee who is entitled to take paid or unpaid 

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

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

9 law, a collective bargaining agreement, or an employment 

10 benefits program or plan, may elect to substitute any pe11 riod of such leave for an equivalent period of leave pro12 vided under section 102. 

13 SEC. 104. EMERGENCY BENEFITS. 

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

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

16 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short17 term emergency benefits to an individual for any period 

18 of leave the individual takes pursuant to section 102. 

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

20 individual for such emergency benefits, the State shall 

21 count only the cash available or accessible to the indi22 vidual. 

23 (c) TIMING.— 
40 

•S 1796 IS

1 (1) APPLICATIONS.—An individual seeking 

2 emergency benefits under subsection (a) from a 

3 State shall submit an application to the State. 

4 (2) BENEFITS.—The State shall provide bene5 fits to an eligible applicant under paragraph (1) on 

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

7 the applicant submits an application under para8 graph (1). 

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

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

11 at the end the following: 

12 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE13 FITS.—A State that receives a grant under section 403 

14 may use the grant to provide nonrecurrent short-term 

15 emergency benefits, in accordance with section 104 of the 

16 Security and Financial Empowerment Act, to individuals 

17 who take leave pursuant to section 102 of that Act, with18 out regard to whether the individuals receive assistance 

19 under the State program funded under this part.’’. 

20 SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN21 EFITS. 

22 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO23 GRAMS, AND PLANS.—Nothing in this title shall be con24 strued to supersede any provision of any Federal, State, 
41 

•S 1796 IS

1 or local law, collective bargaining agreement, or employ2 ment benefits program or plan that provides— 

3 (1) greater leave benefits for victims of domes4 tic violence, dating violence, sexual assault, or stalk5 ing than the rights established under this title; or 

6 (2) leave benefits for a larger population of vic7 tims of domestic violence, dating violence, sexual as8 sault, or stalking (as defined in such law, agreement, 

9 program, or plan) than the victims of domestic vio10 lence, dating violence, sexual assault, or stalking 

11 covered under this title. 

12 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO13 GRAMS, AND PLANS.—The rights established for victims 

14 of domestic violence, dating violence, sexual assault, or 

15 stalking under this title shall not be diminished by any 

16 State or local law, collective bargaining agreement, or em17 ployment benefits program or plan. 

18 SEC. 106. REGULATIONS. 

19 (a) IN GENERAL.—Except as provided in subsections 

20 (b), (c), and (d), the Secretary shall issue regulations to 

21 carry out this title. 

22 (b) LIBRARY OF CONGRESS.—The Librarian of Con23 gress shall prescribe the regulations described in sub24 section (a) with respect to employees of the Library of 

25 Congress. The regulations prescribed under this sub-
42 

•S 1796 IS

1 section shall, to the extent appropriate, be consistent with 

2 the regulations prescribed by the Secretary under sub3 section (a). 

4 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of5 fice of Personnel Management shall prescribe the regula6 tions described in subsection (a) with respect to individ7 uals described in subparagraph (A) or (B) of section 

8 3(e)(2) of the Fair Labor Standards Act of 1938 (29 

9 U.S.C. 203(e)(2)) (other than an individual employed by 

10 an entity of the legislative branch of the Federal Govern11 ment). The regulations prescribed under this subsection 

12 shall, to the extent appropriate, be consistent with the reg13 ulations prescribed by the Secretary under subsection (a). 

14 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST15 ANCE.—The President shall prescribe the regulations de16 scribed in subsection (a) with respect to applicants for and 

17 recipients of public assistance, in the case of violations of 

18 section 102(f)(1)(C), or section 102(f)(2) due to discrimi19 nation described in section 102(f)(1)(C). The regulations 

20 prescribed under this subsection shall, to the extent appro21 priate, be consistent with the regulations prescribed by the 

22 Secretary under subsection (a). 

23 SEC. 107. CONFORMING AMENDMENT. 

24 Section 1003(a)(1) of the Rehabilitation Act Amend25 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 
43 

•S 1796 IS

1 inserting ‘‘title I or III of the Security and Financial Em2 powerment Act,’’ before ‘‘or the provisions’’. 

3 SEC. 108. EFFECTIVE DATE. 

4 This title and the amendment made by this title take 

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

6 TITLE II—ENTITLEMENT TO UN7 EMPLOYMENT COMPENSA8 TION FOR VICTIMS OF DO9 MESTIC VIOLENCE, DATING 

10 VIOLENCE, SEXUAL ASSAULT, 

11 OR STALKING 

12 SEC. 201. PURPOSES. 

13 The purposes of this title are, pursuant to the affirm14 ative power of Congress to enact legislation under the por15 tions of section 8 of article I of the Constitution relating 

16 to laying and collecting taxes, providing for the general 

17 welfare, and regulation of commerce among the several 

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

19 the Constitution— 

20 (1) to promote the national interest in reducing 

21 domestic violence, dating violence, sexual assault, 

22 and stalking by enabling victims of domestic vio23 lence, dating violence, sexual assault, or stalking to 

24 maintain the financial independence necessary to 

25 leave abusive situations, achieve safety, and mini-
44 

•S 1796 IS

1 mize the physical and emotional injuries from do2 mestic violence, dating violence, sexual assault, or 

3 stalking, and to reduce the devastating economic 

4 consequences of domestic violence, dating violence, 

5 sexual assault, or stalking to employers and employ6 ees; 

7 (2) to promote the national interest in ensuring 

8 that victims of domestic violence, dating violence, 

9 sexual assault, or stalking can recover from and cope 

10 with the effects of such victimization and participate 

11 in the criminal and civil justice processes without 

12 fear of adverse economic consequences; 

13 (3) to minimize the negative impact on inter14 state commerce from dislocations of employees and 

15 harmful effects on productivity, loss of employment, 

16 health care costs, and employer costs, caused by do17 mestic violence, dating violence, sexual assault, or 

18 stalking, including intentional efforts to frustrate 

19 the ability of women to participate in employment 

20 and interstate commerce; 

21 (4) to promote the purposes of the 14th amend22 ment to the Constitution by preventing sex-based 

23 discrimination and discrimination against victims of 

24 domestic violence, dating violence, sexual assault, or 

25 stalking in unemployment insurance, by addressing 
45 

•S 1796 IS

1 the failure of existing laws to protect the employ2 ment rights of victims of domestic violence, dating 

3 violence, sexual assault, or stalking, by protecting 

4 their civil and economic rights, and by furthering the 

5 equal opportunity of women for economic self-suffi6 ciency and employment free from discrimination; 

7 and 

8 (5) to accomplish the purposes described in 

9 paragraphs (1) through (4) by providing unemploy10 ment insurance to those who are separated from 

11 their employment as a result of domestic violence, 

12 dating violence, sexual assault, or stalking, in a 

13 manner that accommodates the legitimate interests 

14 of employers and protects the safety of all persons 

15 in the workplace. 

16 SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 

17 PROVISIONS. 

18 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

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

20 of State unemployment compensation laws) is amended— 

21 (1) in subsection (a)— 

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

23 at the end; 

24 (B) by redesignating paragraph (19) as 

25 paragraph (20); and 
46 

•S 1796 IS

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

2 following new paragraph: 

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

4 an individual is separated from employment due to 

5 circumstances resulting from the individual’s experi6 ence of domestic violence, dating violence, sexual as7 sault, or stalking, nor shall States impose additional 

8 conditions that restrict the individual’s eligibility for 

9 or receipt of benefits beyond those required of other 

10 individuals who are forced to leave their jobs or are 

11 deemed to have good cause for voluntarily separating 

12 from a job in the State; and’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(g) CONSTRUCTION.—For purposes of subsection 

16 (a)(19)— 

17 ‘‘(1) DOCUMENTATION.—In determining eligi18 bility for compensation due to circumstances result19 ing from an individual’s experience of domestic vio20 lence, dating violence, sexual assault, or stalking— 

21 ‘‘(A) States shall adopt, or have adopted, 

22 by statute, regulation, or policy a list of forms 

23 of documentation that may be presented to 

24 demonstrate eligibility; and 
47 

•S 1796 IS

1 ‘‘(B) presentation of any one of such forms 

2 of documentation shall be sufficient to dem3 onstrate eligibility, except that a State may re4 quire the presentation of a form of identifica5 tion in addition to the written statement of 

6 claimant described in paragraph (2)(G). 

7 ‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 

8 The list referred to in paragraph (1)(A) shall include 

9 not less than 3 of the following forms of documenta10 tion: 

11 ‘‘(A) An order of protection or other docu12 mentation issued by a court. 

13 ‘‘(B) A police report or criminal charges 

14 documenting the domestic violence, dating vio15 lence, sexual assault, or stalking. 

16 ‘‘(C) Documentation that the perpetrator 

17 has been convicted of the offense of domestic vi18 olence, dating violence, sexual assault, or stalk19 ing. 

20 ‘‘(D) Medical documentation of the domes21 tic violence, dating violence, sexual assault, or 

22 stalking. 

23 ‘‘(E) Evidence of domestic violence, dating 

24 violence, sexual assault, or stalking from a 
48 

•S 1796 IS

1 counselor, social worker, health worker, or do2 mestic violence shelter worker. 

3 ‘‘(F) A written statement that the appli4 cant or the applicant’s minor child is a victim 

5 of domestic violence, dating violence, sexual as6 sault, or stalking, provided by a social worker, 

7 member of the clergy, shelter worker, attorney 

8 at law, or other professional who has assisted 

9 the applicant in dealing with the domestic vio10 lence, dating violence, sexual assault, or stalk11 ing. 

12 ‘‘(G) A written statement of the claimant. 

13 ‘‘(3) DOMESTIC VIOLENCE, DATING VIOLENCE, 

14 SEXUAL ASSAULT, AND STALKING DEFINED.—The 

15 terms ‘domestic violence’, ‘dating violence’, ‘sexual 

16 assault’, and ‘stalking’ have the meanings given such 

17 terms in section 3 of the Security and Financial 

18 Empowerment Act.’’. 

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 
49 

•S 1796 IS

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 violence, 

12 dating violence, sexual assault, or stalking); and 

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

15 ‘‘(i) the nature and dynamics of do16 mestic violence, dating violence, sexual as17 sault, or stalking (as such terms are de18 fined in section 3 of the Security and Fi19 nancial Empowerment Act); and 

20 ‘‘(ii) methods of ascertaining and 

21 keeping confidential information about pos22 sible experiences of domestic violence, dat23 ing violence, sexual assault, or stalking (as 

24 so defined) to ensure that— 
50 

•S 1796 IS

1 ‘‘(I) requests for unemployment 

2 compensation based on separations 

3 stemming from domestic violence, dat4 ing violence, sexual assault, or stalk5 ing (as so defined) are reliably 

6 screened, identified, and adjudicated; 

7 and 

8 ‘‘(II) full confidentiality is pro9 vided for the individual’s claim and 

10 submitted evidence; and’’. 

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

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

13 by adding at the end the following new paragraph: 

14 ‘‘(8) CERTIFICATION THAT THE STATE WILL

15 PROVIDE INFORMATION TO VICTIMS OF DOMESTIC

16 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

17 STALKING.—A certification by the chief officer of 

18 the State that the State has established and is en19 forcing standards and procedures to— 

20 ‘‘(A) ensure that applicants for assistance 

21 under the program and individuals inquiring 

22 about such assistance are adequately notified 

23 of— 

24 ‘‘(i) the provisions of subsections 

25 (a)(19) and (g) of section 3304 of the In-
51 

•S 1796 IS

1 ternal Revenue Code of 1986 (relating to 

2 the availability of unemployment com3 pensation for victims of domestic violence, 

4 dating violence, sexual assault, or stalk5 ing); and 

6 ‘‘(ii) assistance made available by the 

7 State to victims of domestic violence, dat8 ing violence, sexual assault, or stalking (as 

9 such terms are defined in section 3 of the 

10 Security and Financial Empowerment 

11 Act); 

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

13 agency personnel responsible for administering 

14 the State program funded under this part are 

15 adequately trained in— 

16 ‘‘(i) the nature and dynamics of do17 mestic violence, dating violence, sexual as18 sault, or stalking (as so defined); 

19 ‘‘(ii) State standards and procedures 

20 relating to the prevention of, and assist21 ance for individuals who experience, do22 mestic violence, dating violence, sexual as23 sault, or stalking (as so defined); and 

24 ‘‘(iii) methods of ascertaining and 

25 keeping confidential information about pos-
52 

•S 1796 IS

1 sible experiences of domestic violence, dat2 ing violence, sexual assault, or stalking (as 

3 so defined); 

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

5 enforce standards and procedures regarding the 

6 screening for and identification of domestic vio7 lence pursuant to paragraph (7), ensure that— 

8 ‘‘(i) applicants for assistance under 

9 the program and individuals inquiring 

10 about such assistance are adequately noti11 fied of options available under such stand12 ards and procedures; and 

13 ‘‘(ii) case workers and other agency 

14 personnel responsible for administering the 

15 State program funded under this part are 

16 provided with adequate training regarding 

17 such standards and procedures and options 

18 available under such standards and proce19 dures; and 

20 ‘‘(D) ensure that the training required 

21 under subparagraphs (B) and, if applicable, 

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

23 operated by an eligible entity (as defined in sec24 tion 202(d)(2) of the Security and Financial 

25 Empowerment Act).’’. 
53 

•S 1796 IS

1 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX2 UAL ASSAULT, OR STALKING TRAINING GRANT PRO3 GRAM.— 

4 (1) GRANTS AUTHORIZED.—The Secretary of 

5 Health and Human Services (in this subsection re6 ferred to as the ‘‘Secretary’’) is authorized to 

7 award— 

8 (A) a grant to a national victim services 

9 organization in order for such organization to— 

10 (i) develop and disseminate a model 

11 training program (and related materials) 

12 for the training required under section 

13 303(a)(4)(B) of the Social Security Act, as 

14 added by subsection (b), and under sub15 paragraphs (B) and, if applicable, (C)(ii) 

16 of section 402(a)(8) of the such Act, as 

17 added by subsection (c); and 

18 (ii) provide technical assistance with 

19 respect to such model training program; 

20 and 

21 (B) grants to State, tribal, or local agen22 cies in order for such agencies to contract with 

23 eligible entities to provide State, tribal, or local 

24 case workers and other State, tribal, or local 

25 agency personnel responsible for administering 
54 

•S 1796 IS

1 the temporary assistance to needy families pro2 gram established under part A of title IV of the 

3 Social Security Act in a State or Indian res4 ervation with the training required under sub5 paragraphs (B) and, if applicable, (C)(ii) of 

6 such section 402(a)(8). 

7 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

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

9 means an entity— 

10 (A) that is— 

11 (i) a State or tribal domestic violence 

12 coalition or sexual assault coalition; 

13 (ii) a State or local victim services or14 ganization with recognized expertise in the 

15 dynamics of domestic violence, dating vio16 lence, sexual assault, or stalking whose pri17 mary mission is to provide services to vic18 tims of domestic violence, dating violence, 

19 sexual assault, or stalking, such as a rape 

20 crisis center or domestic violence program; 

21 or 

22 (iii) an organization with dem23 onstrated expertise in State or county wel24 fare laws and implementation of such laws 

25 and experience with disseminating informa-
55 

•S 1796 IS

1 tion on such laws and implementation, but 

2 only if such organization will provide the 

3 required training in partnership with an 

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

5 (B) that— 

6 (i) has demonstrated expertise in both 

7 domestic violence and sexual assault, such 

8 as a joint domestic violence and sexual as9 sault coalition; or 

10 (ii) will provide the required training 

11 in partnership with an entity described in 

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

13 order to comply with the dual domestic vio14 lence and sexual assault expertise require15 ment under clause (i). 

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

17 under this subsection shall submit an application to 

18 the Secretary at such time, in such form and man19 ner, and containing such information as the Sec20 retary specifies. 

21 (4) REPORTS.— 

22 (A) REPORTS TO CONGRESS.—The Sec23 retary shall annually submit a report to Con24 gress on the grant program established under 

25 this subsection. 
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•S 1796 IS

1 (B) REPORTS AVAILABLE TO PUBLIC.— 

2 The Secretary shall establish procedures for the 

3 dissemination to the public of each report sub4 mitted under subparagraph (A). Such proce5 dures shall include the use of the Internet to 

6 disseminate such reports. 

7 (5) AUTHORIZATION OF APPROPRIATIONS.— 

8 (A) AUTHORIZATION.—There are author9 ized to be appropriated— 

10 (i) $1,000,000 for fiscal year 2007 to 

11 carry out the provisions of paragraph 

12 (1)(A); and 

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

14 years 2008 through 2010 to carry out the 

15 provisions of paragraph (1)(B). 

16 (B) THREE-YEAR AVAILABILITY OF GRANT

17 FUNDS.—Each recipient of a grant under this 

18 subsection shall return to the Secretary any un19 used portion of such grant not later than 3 

20 years after the date the grant was awarded, to21 gether with any earnings on such unused por22 tion. 

23 (C) AMOUNTS RETURNED.—Any amounts 

24 returned pursuant to subparagraph (B) shall be 

25 available without further appropriation to the 
57 

•S 1796 IS

1 Secretary for the purpose of carrying out the 

2 provisions of paragraph (1)(B). 

3 (e) EFFECT ON EXISTING LAWS, ETC.— 

4 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

5 PROGRAMS, AND PLANS.—Nothing in this title shall 

6 be construed to supersede any provision of any Fed7 eral, State, or local law, collective bargaining agree8 ment, or employment benefits program or plan that 

9 provides greater unemployment insurance benefits 

10 for victims of domestic violence, dating violence, sex11 ual assault, or stalking than the rights established 

12 under this title. 

13 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

14 PROGRAMS, AND PLANS.—The rights established for 

15 victims of domestic violence, dating violence, sexual 

16 assault, or stalking under this title shall not be di17 minished by any more restrictive State or local law, 

18 collective bargaining agreement, or employment ben19 efits program or plan. 

20 (f) EFFECTIVE DATE.— 

21 (1) UNEMPLOYMENT AMENDMENTS.— 

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

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

24 amendments made by this section shall apply in 

25 the case of compensation paid for weeks begin-
58 

•S 1796 IS

1 ning on or after the expiration of 180 days 

2 from the date of enactment of this Act. 

3 (B) EXTENSION OF EFFECTIVE DATE FOR

4 STATE LAW AMENDMENT.— 

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

6 Labor identifies a State as requiring a 

7 change to its statutes, regulations, or poli8 cies in order to comply with the amend9 ments made by this section (excluding the 

10 amendment made by subsection (c)), such 

11 amendments shall apply in the case of 

12 compensation paid for weeks beginning 

13 after the earlier of— 

14 (I) the date the State changes its 

15 statutes, regulations, or policies in 

16 order to comply with such amend17 ments; or 

18 (II) the end of the first session of 

19 the State legislature which begins 

20 after the date of enactment of this 

21 Act or which began prior to such date 

22 and remained in session for at least 

23 25 calendar days after such date; 

24 except that in no case shall such amend25 ments apply before the date that is 180 
59 

•S 1796 IS

1 days after the date of enactment of this 

2 Act. 

3 (ii) SESSION DEFINED.—In this sub4 paragraph, the term ‘‘session’’ means a 

5 regular, special, budget, or other session of 

6 a State legislature. 

7 (2) TANF AMENDMENT.— 

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

9 subparagraph (B), the amendment made by 

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

11 enactment of this Act. 

12 (B) EXTENSION OF EFFECTIVE DATE FOR

13 STATE LAW AMENDMENT.—In the case of a 

14 State plan under part A of title IV of the Social 

15 Security Act which the Secretary of Health and 

16 Human Services determines requires State leg17 islation in order for the plan to meet the addi18 tional requirements imposed by the amendment 

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

20 be regarded as failing to comply with the re21 quirements of such amendment on the basis of 

22 its failure to meet these additional requirements 

23 before the first day of the first calendar quarter 

24 beginning after the close of the first regular 

25 session of the State legislature that begins after 
60 

•S 1796 IS

1 the date of enactment of this Act. For purposes 

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

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

4 of the session is considered to be a separate 

5 regular session of the State legislature. 

6 TITLE III—VICTIMS’

7 EMPLOYMENT SUSTAINABILITY 

8 SEC. 301. SHORT TITLE. 

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

10 Sustainability Act’’. 

11 SEC. 302. PURPOSES. 

12 The purposes of this title are, pursuant to the affirm13 ative power of Congress to enact legislation under the por14 tions of section 8 of article I of the Constitution relating 

15 to providing for the general welfare and to regulation of 

16 commerce among the several States, and under section 5 

17 of the 14th amendment to 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 vio21 lence, dating violence, sexual assault, or stalking to 

22 maintain the financial independence necessary to 

23 leave abusive situations, achieve safety, and mini24 mize the physical and emotional injuries from do25 mestic violence, dating violence, sexual assault, or 
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•S 1796 IS

1 stalking, and to reduce the devastating economic 

2 consequences of domestic violence, dating violence, 

3 sexual assault, or stalking to employers and employ4 ees; 

5 (2) to promote the national interest in ensuring 

6 that victims of domestic violence, dating violence, 

7 sexual assault, or stalking can recover from and cope 

8 with the effects of domestic violence, dating violence, 

9 sexual assault, or stalking, and participate in crimi10 nal and civil justice processes, without fear of ad11 verse economic consequences from their employers; 

12 (3) to ensure that victims of domestic violence, 

13 dating violence, sexual assault, or stalking can re14 cover from and cope with the effects of domestic vio15 lence, dating violence, sexual assault, or stalking, 

16 and participate in criminal and civil justice proc17 esses, without fear of adverse economic consequences 

18 with respect to public benefits; 

19 (4) to promote the purposes of the 14th amend20 ment to the Constitution by preventing sex-based 

21 discrimination and discrimination against victims of 

22 domestic violence, dating violence, sexual assault, or 

23 stalking in employment, by addressing the failure of 

24 existing laws to protect the employment rights of 

25 victims of domestic violence, dating violence, sexual 
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•S 1796 IS

1 assault, or stalking, by protecting the civil and eco2 nomic rights of victims of domestic violence, dating 

3 violence, sexual assault, or stalking, and by fur4 thering the equal opportunity of women for economic 

5 self-sufficiency and employment free from discrimi6 nation; 

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

9 harmful effects on productivity, employment, health 

10 care costs, and employer costs, caused by domestic 

11 violence, dating violence, sexual assault, or stalking, 

12 including intentional efforts to frustrate women’s 

13 ability to participate in employment and interstate 

14 commerce; and 

15 (6) to accomplish the purposes described in 

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

17 from discriminating against actual or perceived vic18 tims of domestic violence, dating violence, sexual as19 sault, or stalking, in a manner that accommodates 

20 the legitimate interests of employers and protects 

21 the safety of all persons in the workplace. 

22 SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 

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

24 refuse to hire, discharge, or harass any individual, or oth25 erwise discriminate against any individual with respect to 
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•S 1796 IS

1 the compensation, terms, conditions, or privileges of em2 ployment of the individual (including retaliation in any 

3 form or manner), and a public agency shall not deny, re4 duce, or terminate the benefits of, otherwise sanction, or 

5 harass any individual, or otherwise discriminate against 

6 any individual with respect to the amount, terms, or condi7 tions of public assistance of the individual (including retal8 iation in any form or manner), because— 

9 (1) the individual involved— 

10 (A) is or is perceived to be a victim of do11 mestic violence, dating violence, sexual assault, 

12 or stalking; 

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

14 or requested leave to attend, participate in, or 

15 prepare for, a criminal or civil court proceeding 

16 relating to an incident of domestic violence, dat17 ing violence, sexual assault, or stalking of which 

18 the individual, or the family or household mem19 ber of the individual, was a victim; or 

20 (C) requested an adjustment to a job 

21 structure, workplace facility, or work require22 ment, including a transfer, reassignment, or 

23 modified schedule, leave, a changed telephone 

24 number or seating assignment, installation of a 

25 lock, or implementation of a safety procedure, 
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•S 1796 IS

1 in response to actual or threatened domestic vi2 olence, dating violence, sexual assault, or stalk3 ing, regardless of whether the request was 

4 granted; or 

5 (2) the workplace is disrupted or threatened by 

6 the action of a person whom the individual states 

7 has committed or threatened to commit domestic vi8 olence, dating violence, sexual assault, or stalking 

9 against the individual, or the individual’s family or 

10 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 violence, 

19 dating violence, sexual assault, or stalking; 

20 (B) who is— 

21 (i) an applicant or employee of the 

22 employer (including a public agency) that 

23 employs individuals as described in section 

24 3(e)(2) of the Fair Labor Standards Act of 

25 1938 (29 U.S.C. 603(e)(2)); or 
65 

•S 1796 IS

1 (ii) an applicant for or recipient of 

2 public assistance from a public agency; and 

3 (C) whose limitations resulted from cir4 cumstances relating to being a victim of domes5 tic violence, dating violence, sexual assault, or 

6 stalking; 

7 unless the employer or public agency can dem8 onstrate that the accommodation would impose an 

9 undue hardship on the operation of the employer or 

10 public agency. 

11 (2) QUALIFIED INDIVIDUAL.—The term ‘‘quali12 fied individual’’ means— 

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

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

15 who, with or without reasonable accommoda16 tion, can perform the essential functions of the 

17 employment position that such individual holds 

18 or desires; or 

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

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

21 who, with or without reasonable accommoda22 tion, can satisfy the essential requirements of 

23 the program providing the public assistance 

24 that the individual receives or desires. 
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•S 1796 IS

1 (3) REASONABLE ACCOMMODATION.—The term 

2 ‘‘reasonable accommodation’’ may include an adjust3 ment to a job structure, workplace facility, or work 

4 requirement, including a transfer, reassignment, or 

5 modified schedule, leave, a changed telephone num6 ber or seating assignment, installation of a lock, or 

7 implementation of a safety procedure, in response to 

8 actual or threatened domestic violence, dating vio9 lence, sexual assault, or stalking. 

10 (4) UNDUE HARDSHIP.— 

11 (A) IN GENERAL.—The term ‘‘undue hard12 ship’’ means an action requiring significant dif13 ficulty or expense, when considered in light of 

14 the factors set forth in subparagraph (B). 

15 (B) FACTORS TO BE CONSIDERED.—In de16 termining whether a reasonable accommodation 

17 would impose an undue hardship on the oper18 ation of an employer or public agency, factors 

19 to be considered include— 

20 (i) the nature and cost of the reason21 able accommodation needed under this sec22 tion; 

23 (ii) the overall financial resources of 

24 the facility involved in the provision of the 

25 reasonable accommodation, the number of 
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•S 1796 IS

1 persons employed at such facility, the ef2 fect on expenses and resources, or the im3 pact otherwise of such accommodation on 

4 the operation of the facility; 

5 (iii) the overall financial resources of 

6 the employer or public agency, the overall 

7 size of the business of an employer or pub8 lic agency with respect to the number of 

9 employees of the employer or public agen10 cy, and the number, type, and location of 

11 the facilities of an employer or public agen12 cy; and 

13 (iv) the type of operation of the em14 ployer or public agency, including the com15 position, structure, and functions of the 

16 workforce of the employer or public agen17 cy, the geographic separateness of the fa18 cility from the employer or public agency, 

19 and the administrative or fiscal relation20 ship of the facility to the employer or pub21 lic agency. 

22 SEC. 304. ENFORCEMENT. 

23 (a) CIVIL ACTION BY INDIVIDUALS.— 
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•S 1796 IS

1 (1) LIABILITY.—Any employer that violates sec2 tion 303 shall be liable to any individual affected 

3 for— 

4 (A) damages equal to the amount of 

5 wages, salary, employment benefits, or other 

6 compensation denied or lost to such individual 

7 by reason of the violation, and the interest on 

8 that amount calculated at the prevailing rate; 

9 (B) compensatory damages, including dam10 ages for future pecuniary losses, emotional 

11 pain, suffering, inconvenience, mental anguish, 

12 loss of enjoyment or life, and other nonpecu13 niary losses; 

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

15 the amount of actual damages sustained, as the 

16 court described in paragraph (2) shall deter17 mine to be appropriate; and 

18 (D) such equitable relief as may be appro19 priate, including employment, reinstatement, 

20 and promotion. 

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

22 the damages or equitable relief prescribed in para23 graph (1) may be maintained against any employer 

24 in any Federal or State court of competent jurisdic-
69 

•S 1796 IS

1 tion by any 1 or more individuals described in sec2 tion 303. 

3 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At4 torney General may bring a civil action in any Federal 

5 or State court of competent jurisdiction to recover the 

6 damages or equitable relief described in subsection (a)(1). 

7 (c) LIBRARY OF CONGRESS.—Notwithstanding any 

8 other provision of this section, in the case of the Library 

9 of Congress, the authority of the Secretary under this sec10 tion shall be exercised by the Librarian of Congress. 

11 (d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

12 (1) AGENCIES.—Notwithstanding any other 

13 provision of this subsection, in the case of a public 

14 agency that employs individuals as described in sub15 paragraph (A) or (B) of section 3(e)(2) of the Fair 

16 Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) 

17 (other than an entity of the legislative branch of the 

18 Federal Government), paragraph (2) shall apply. 

19 (2) AUTHORITY.—In the case described in sub20 paragraph (A), the powers, remedies, and procedures 

21 provided (in the case of a violation of section 

22 2302(b)(1)(A) of title 5, United States Code) in title 

23 5, United States Code, to an employing agency, the 

24 Office of Special Counsel, the Merit Systems Protec25 tion Board, or any person alleging a violation of 
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•S 1796 IS

1 such section 2302(b)(1)(A), shall be the powers, 

2 remedies, and procedures this section provides in the 

3 case of a violation of section 303 to that agency, 

4 that Office, that Board, or any person alleging a vio5 lation of section 303, respectively, against an em6 ployee who is such an individual. 

7 (e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST8 ANCE.—Consistent with regulations prescribed under sec9 tion 306(d), the President shall ensure that any public 

10 agency that violates section 303(a) by taking an action 

11 prohibited under section 303(a) against any individual 

12 with respect to the amount, terms, or conditions of public 

13 assistance, shall provide to any individual who receives a 

14 less favorable amount, term, or condition of public assist15 ance as a result of the violation— 

16 (1)(A) the amount of any public assistance de17 nied or lost to such individual by reason of the viola18 tion; and 

19 (B) the interest on the amount described in 

20 clause (i) calculated at the prevailing rate; and 

21 (2) such equitable relief as may be appropriate. 

22 SEC. 305. ATTORNEY’S FEES. 

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

24 1988(b)) is amended by inserting ‘‘the Victims’ Employ-
71 

•S 1796 IS

1 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

2 Rights Act of 1964,’’. 

3 SEC. 306. REGULATIONS. 

4 (a) IN GENERAL.—Except as provided in subsections 

5 (b), (c), and (d), the Secretary shall issue regulations to 

6 carry out this title. 

7 (b) LIBRARY OF CONGRESS.—The Librarian of Con8 gress shall prescribe the regulations described in sub9 section (a) with respect to employees of the Library of 

10 Congress. The regulations prescribed under this sub11 section shall, to the extent appropriate, be consistent with 

12 the regulations prescribed by the Secretary under sub13 section (a). 

14 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of15 fice of Personnel Management, after consultation under 

16 the Office of Special Counsel and the Merit Systems Pro17 tection Board, shall prescribe the regulations described in 

18 subsection (a) with respect to individuals described in sub19 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

21 an individual employed by an entity of the legislative 

22 branch of the Federal Government). The regulations pre23 scribed under this subsection shall, to the extent appro24 priate, be consistent with the regulations prescribed by the 

25 Secretary under subsection (a). 
72 

•S 1796 IS

1 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST2 ANCE.—The President shall prescribe the regulations de3 scribed in subsection (a) with respect to applicants for and 

4 recipients of public assistance, in the case of violations of 

5 section 303(a) by taking an action prohibited under sec6 tion 303(a) against any individual with respect to the 

7 amount, terms, or conditions of public assistance. The reg8 ulations prescribed under this subsection shall, to the ex9 tent appropriate, be consistent with the regulations pre10 scribed by the Secretary under subsection (a). 

11 TITLE IV—VICTIMS OF ABUSE 

12 INSURANCE PROTECTION 

13 SEC. 401. SHORT TITLE. 

14 This title may be cited as the ‘‘Victims of Abuse In15 surance Protection Act’’. 

16 SEC. 402. DEFINITIONS. 

17 In this title: 

18 (1) ABUSE.—The term ‘‘abuse’’ means the oc19 currence of 1 or more of the following acts by a cur20 rent or former household or family member, intimate 

21 partner, or caretaker: 

22 (A) Attempting to cause or causing an23 other person bodily injury, physical harm, sub24 stantial emotional distress, or psychological 

25 trauma. 
73 

•S 1796 IS

1 (B) Attempting to engage in or engaging 

2 in rape, sexual assault, or involuntary sexual 

3 intercourse. 

4 (C) Engaging in a course of conduct or re5 peatedly committing acts toward another per6 son, including following the person without 

7 proper authority and under circumstances that 

8 place the person in reasonable fear of bodily in9 jury or physical harm. 

10 (D) Subjecting another person to false im11 prisonment or kidnapping. 

12 (E) Attempting to cause or causing dam13 age to property so as to intimidate or attempt 

14 to control the behavior of another person. 

15 (2) HEALTH CARRIER.—The term ‘‘health car16 rier’’ means a person that contracts or offers to con17 tract on a risk-assuming basis to provide, deliver, ar18 range for, pay for, or reimburse any of the cost of 

19 health care services, including a sickness and acci20 dent insurance company, a health maintenance orga21 nization, a nonprofit hospital and health service cor22 poration, or any other entity providing a plan of 

23 health insurance, health benefits, or health services. 

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

25 party named on a policy, certificate, or health ben-
74 

•S 1796 IS

1 efit plan, including an individual, corporation, part2 nership, association, unincorporated organization, or 

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

4 the benefits provided by the policy, certificate, or 

5 health benefit plan. For group insurance, the term 

6 includes a person who is a beneficiary covered by a 

7 group policy, certificate, or health benefit plan. For 

8 life insurance, the term refers to the person whose 

9 life is covered under an insurance policy. 

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

11 person, reciprocal exchange, inter insurer, Lloyds in12 surer, fraternal benefit society, or other legal entity 

13 engaged in the business of insurance, including 

14 agents, brokers, adjusters, and third-party adminis15 trators. The term includes employers who provide or 

16 make available employment benefits through an em17 ployee benefit plan, as defined in section 3(3) of the 

18 Employee Retirement Income Security Act of 1974 

19 (29 U.S.C. 102(3)). The term also includes health 

20 carriers, health benefit plans, and life, disability, and 

21 property and casualty insurers. 

22 (5) POLICY.—The term ‘‘policy’’ means a con23 tract of insurance, certificate, indemnity, suretyship, 

24 or annuity issued, proposed for issuance, or intended 
75 

•S 1796 IS

1 for issuance by an insurer, including endorsements 

2 or riders to an insurance policy or contract. 

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

4 abuse’’ means— 

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

6 has been directed; 

7 (B) a person who has prior or current in8 juries, illnesses, or disorders that resulted from 

9 abuse; or 

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

11 or had reason to seek medical or psychological 

12 treatment for abuse, protection, court-ordered 

13 protection, or shelter from abuse. 

14 SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 

15 (a) IN GENERAL.—No insurer may, directly or indi16 rectly, engage in any of the following acts or practices on 

17 the basis that the applicant or insured, or any person em18 ployed by the applicant or insured or with whom the appli19 cant or insured is known to have a relationship or associa20 tion, is, has been, or may be the subject of abuse or has 

21 incurred or may incur abuse-related claims: 

22 (1) Denying, refusing to issue, renew, or re23 issue, or canceling or otherwise terminating an in24 surance policy or health benefit plan. 
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•S 1796 IS

1 (2) Restricting, excluding, or limiting insurance 

2 coverage for losses or denying a claim, except as oth3 erwise permitted or required by State laws relating 

4 to life insurance beneficiaries. 

5 (3) Adding a premium differential to any insur6 ance policy or health benefit plan. 

7 (b) PROHIBITION ON LIMITATION OF CLAIMS.—No 

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

9 to an insured who is a subject of abuse if the claim for 

10 payment is a result of the abuse. 

11 (c) PROHIBITION ON TERMINATION.— 

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

13 may terminate health coverage for a subject of abuse 

14 because coverage was originally issued in the name 

15 of the abuser and the abuser has divorced, separated 

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

17 abuser’s coverage has terminated voluntarily or in18 voluntarily and the subject of abuse does not qualify 

19 for an extension of coverage under part 6 of subtitle 

20 B of title I of the Employee Retirement Income Se21 curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec22 tion 4980B of the Internal Revenue Code of 1986. 

23 (2) PAYMENT OF PREMIUMS.—Nothing in para24 graph (1) shall be construed to prohibit the insurer 

25 from requiring that the subject of abuse pay the full 
77 

•S 1796 IS

1 premium for the subject’s coverage under the health 

2 plan if the requirements are applied to all insured of 

3 the health carrier. 

4 (3) EXCEPTION.—An insurer may terminate 

5 group coverage to which this subsection applies after 

6 the continuation coverage period required by this 

7 subsection has been in force for 18 months if it of8 fers conversion to an equivalent individual plan. 

9 (4) CONTINUATION COVERAGE.—The continu10 ation of health coverage required by this subsection 

11 shall be satisfied by any extension of coverage under 

12 part 6 of subtitle B of title I of the Employee Re13 tirement Income Security Act of 1974 (29 U.S.C. 

14 1161 et seq.) or section 4980B of the Internal Rev15 enue Code of 1986 provided to a subject of abuse 

16 and is not intended to be in addition to any exten17 sion of coverage otherwise provided for under such 

18 part 6 or section 4980B. 

19 (d) USE OF INFORMATION.— 

20 (1) LIMITATION.— 

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

22 safety and privacy of subjects of abuse, no per23 son employed by or contracting with an insurer 

24 or health benefit plan may (without the consent 

25 of the subject)— 
78 

•S 1796 IS

1 (i) use, disclose, or transfer informa2 tion relating to abuse status, acts of abuse, 

3 abuse-related medical conditions, or the 

4 applicant’s or insured’s status as a family 

5 member, employer, associate, or person in 

6 a relationship with a subject of abuse for 

7 any purpose unrelated to the direct provi8 sion of health care services unless such 

9 use, disclosure, or transfer is required by 

10 an order of an entity with authority to reg11 ulate insurance or an order of a court of 

12 competent jurisdiction; or 

13 (ii) disclose or transfer information 

14 relating to an applicant’s or insured’s mail15 ing address or telephone number or the 

16 mailing address and telephone number of a 

17 shelter for subjects of abuse, unless such 

18 disclosure or transfer— 

19 (I) is required in order to provide 

20 insurance coverage; and 

21 (II) does not have the potential 

22 to endanger the safety of a subject of 

23 abuse. 

24 (B) RULE OF CONSTRUCTION.—Nothing in 

25 this paragraph may be construed to limit or 
79 

•S 1796 IS

1 preclude a subject of abuse from obtaining the 

2 subject’s own insurance records from an in3 surer. 

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

5 subject of abuse, at the absolute discretion of the 

6 subject of abuse, may provide evidence of abuse to 

7 an insurer for the limited purpose of facilitating 

8 treatment of an abuse-related condition or dem9 onstrating that a condition is abuse-related. Nothing 

10 in this paragraph shall be construed as authorizing 

11 an insurer or health carrier to disregard such pro12 vided evidence. 

13 SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 

14 ABUSE. 

15 Insurers shall develop and adhere to written policies 

16 specifying procedures to be followed by employees, con17 tractors, producers, agents, and brokers for the purpose 

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

19 and otherwise implementing this title when taking an ap20 plication, investigating a claim, or taking any other action 

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

22 SEC. 405. REASONS FOR ADVERSE ACTIONS. 

23 An insurer that takes an action that adversely affects 

24 a subject of abuse, shall advise the applicant or insured 

25 who is the subject of abuse of the specific reasons for the 
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•S 1796 IS

1 action in writing. For purposes of this section, reference 

2 to general underwriting practices or guidelines shall not 

3 constitute a specific reason. 

4 SEC. 406. LIFE INSURANCE. 

5 Nothing in this title shall be construed to prohibit 

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

7 if the applicant or prospective owner of the policy is or 

8 would be designated as a beneficiary of the policy, and 

9 if— 

10 (1) the applicant or prospective owner of the 

11 policy lacks an insurable interest in the insured; or 

12 (2) the applicant or prospective owner of the 

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

14 records, to have committed an act of abuse against 

15 the proposed insured. 

16 SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 

17 Subrogation of claims resulting from abuse is prohib18 ited without the informed consent of the subject of abuse. 

19 SEC. 408. ENFORCEMENT. 

20 (a) FEDERAL TRADE COMMISSION.—Any act or 

21 practice prohibited by this title shall be treated as an un22 fair and deceptive act or practice pursuant to section 5 

23 of the Federal Trade Commission Act (15 U.S.C. 45) and 

24 the Federal Trade Commission shall enforce this title in 

25 the same manner, by the same means, and with the same 
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1 jurisdiction, powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade Commission 

3 Act were incorporated into and made a part of this title, 

4 including issuing a cease and desist order granting any 

5 individual relief warranted under the circumstances, in6 cluding temporary, preliminary, and permanent injunctive 

7 relief and compensatory damages. 

8 (b) PRIVATE CAUSE OF ACTION.— 

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

10 believes that the applicant or insured has been ad11 versely affected by an act or practice of an insurer 

12 in violation of this title may maintain an action 

13 against the insurer in a Federal or State court of 

14 original jurisdiction. 

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

16 preponderance of the evidence in an action described 

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

18 relief, including temporary, preliminary, and perma19 nent injunctive relief and compensatory and punitive 

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

21 fees for the aggrieved individual’s attorneys and ex22 pert witnesses. 

23 (3) STATUTORY DAMAGES.—With respect to 

24 compensatory damages in an action described in 

25 paragraph (1), the aggrieved individual may elect, at 
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1 any time prior to the rendering of final judgment, to 

2 recover in lieu of actual damages, an award of statu3 tory damages in the amount of $5,000 for each vio4 lation. 

5 SEC. 409. EFFECTIVE DATE. 

6 This title shall apply with respect to any action taken 

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

8 TITLE V—NATIONAL CLEARING9 HOUSE AND RESOURCE CEN10 TER ON DOMESTIC AND SEX11 UAL VIOLENCE IN THE WORK12 PLACE GRANT 

13 SEC. 501. NATIONAL CLEARINGHOUSE AND RESOURCE 

14 CENTER ON DOMESTIC AND SEXUAL VIO15 LENCE IN THE WORKPLACE GRANT. 

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

17 a grant in accordance with this section to a private, non18 profit entity or tribal organization that meets the require19 ments of subsection (b), in order to provide for the estab20 lishment and operation of a national clearinghouse and re21 source center to provide information and assistance to em22 ployers, labor organizations, and advocates on behalf of 

23 victims of domestic violence, dating violence, sexual as24 sault, or stalking, to aid in their efforts to develop and 

25 implement appropriate responses to domestic violence, 
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1 dating violence, sexual assault, or stalking to assist those 

2 victims. 

3 (b) APPLICATIONS.—To be eligible to receive a grant 

4 under this section, an entity or organization shall submit 

5 an application to the Attorney General at such time, in 

6 such manner, and containing such information as the At7 torney General may require, including— 

8 (1) information that demonstrates that the ap9 plicant— 

10 (A) has nationally recognized expertise in 

11 the area of domestic violence, dating violence, 

12 sexual assault, or stalking and a record of com13 mitment to reducing, and quality responses to 

14 reduce, domestic violence, dating violence, sex15 ual assault, or stalking; and 

16 (B) will provide matching funds from non17 Federal sources in an amount equal to not less 

18 than 10 percent of the total amount of the 

19 grant awarded under this section; and 

20 (2) a plan to maximize, to the extent prac21 ticable, outreach— 

22 (A) to employers (including private compa23 nies, and public entities such as public institu24 tions of higher education and State and local 

25 governments) and labor organizations in devel-
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1 oping and implementing appropriate responses 

2 to assist employees who are victims of domestic 

3 violence, dating violence, sexual assault, or 

4 stalking; and 

5 (B) to advocates described in subsection 

6 (a), in developing and implementing appropriate 

7 responses to assist victims of domestic violence, 

8 dating violence, sexual assault, or stalking. 

9 (c) USE OF GRANT AMOUNT.— 

10 (1) IN GENERAL.—An entity or organization 

11 that receives a grant under this section may use the 

12 funds made available through the grant for staff sal13 aries, travel expenses, equipment, printing, and 

14 other reasonable expenses necessary to develop, 

15 maintain, and disseminate to employers, labor orga16 nizations, and advocates described in subsection (a), 

17 information on and assistance concerning appro18 priate responses to assist victims of domestic vio19 lence, dating violence, sexual assault, or stalking. 

20 (2) RESPONSES.—Responses referred to in 

21 paragraph (1) may include— 

22 (A) providing training to promote a better 

23 understanding of appropriate assistance to vic24 tims of domestic violence, dating violence, sex25 ual assault, or stalking; 
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1 (B) providing conferences and other edu2 cational opportunities; 

3 (C) developing protocols and model work4 place policies; 

5 (D) providing employer- and labor organi6 zation-sponsored victim services and outreach 

7 counseling; and 

8 (E) conducting assessments of the work9 place costs of domestic violence, dating violence, 

10 sexual assault, or stalking. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $1,000,000 for each of fiscal years 2007 through 2011. 

14 TITLE VI—SEVERABILITY 

15 SEC. 601. SEVERABILITY. 

16 If any provision of this Act, any amendment made 

17 by this Act, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of the provisions of this Act, the 

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

21 provisions or amendments to any person or circumstance 

22 shall not be affected. 

Æ