I 

111TH CONGRESS 

1ST SESSION H. R. 739 

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

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2009 

Ms. ROYBAL-ALLARD (for herself and Mr. POE of Texas) introduced the following bill; which was referred to the Committee on Education and 

Labor, and in addition to the Committees on Ways and Means and Financial Services, for a period to be subsequently determined by the 

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

the jurisdiction of the committee concerned 

A BILL 

To promote the economic security and safety of victims of 

domestic 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 (SAFE) Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


pwalker on PROD1PC71 with BILLS
2 

•HR 739 IH

Sec. 2. Findings. 

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. 106. Regulations. 

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. 

Sec. 306. Regulations. 

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—SEVERABILITY 

Sec. 501. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Violence against women has been reported 

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


pwalker on PROD1PC71 with BILLS
3 

•HR 739 IH

1 Such violence has a devastating impact on women’s 

2 physical and emotional health, financial security, 

3 and ability to maintain their jobs, and thus impacts 

4 interstate commerce. 

5 (2) Victims of domestic violence, dating vio6 lence, sexual assault, and stalking are particularly 

7 vulnerable to changes in employment, pay, and bene8 fits, and as a result of their desperate need for eco9 nomic stability, are in particular need of legal pro10 tection. 

11 (3) The Bureau of National Affairs has esti12 mated that domestic violence costs United States 

13 employers between $3,000,000,000 and 

14 $5,000,000,000 annually in lost time and produc15 tivity, while other reports have estimated the cost at 

16 between $5,800,000,000 and $13,000,000,000 annu17 ally. 

18 (4) United States medical costs for domestic vi19 olence have been estimated to be $31,000,000,000 

20 per year. The medical cost associated with each inci21 dent of domestic violence ranges from $387 to $948, 

22 including costs of health care and mental health 

23 services. 


pwalker on PROD1PC71 with BILLS
4 

•HR 739 IH

1 (5) Domestic violence crimes account for ap2 proximately 15 percent of total crime costs in the 

3 United States each year. 

4 (6)(A) According to the National Institute of 

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

6 annually in medical expenses, lost earnings, social 

7 service costs, pain, suffering, and reduced quality of 

8 life for victims, which harms the Nation’s produc9 tivity and drains the Nation’s resources. 

10 (B) Violent crime accounts for 

11 $426,000,000,000 per year of this amount. 

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

13 any criminal offense, and accounts for 

14 $127,000,000,000 per year of the amount described 

15 in subparagraph (A). 

16 (7) Violent crime results in wage losses equiva17 lent to 1 percent of all United States earnings, and 

18 causes 3 percent of the Nation’s medical spending 

19 and 14 percent of the Nation’s injury-related med20 ical spending. 

21 (8) Homicide is the leading cause of death for 

22 women on the job. Husbands, boyfriends, and ex23 partners commit 15 percent of workplace homicides 

24 against women. 


pwalker on PROD1PC71 with BILLS
5 

•HR 739 IH

1 (9) According to a recent study by the National 

2 Institutes of Health and Centers for Disease Control 

3 and Prevention, each year there are 5,300,000 non4 fatal violent victimizations committed by intimate 

5 partners against women. Female murder victims 

6 were substantially more likely than male murder vic7 tims to have been killed by an intimate partner. 

About 1 8 ⁄3 of female murder victims, and about 4 per9 cent of male murder victims, were killed by an inti10 mate partner. 

11 (10) Forty-nine percent of senior executives re12 cently surveyed said domestic violence has a harmful 

13 effect on their company’s productivity, 47 percent 

14 said domestic violence negatively affects attendance, 

15 and 44 percent said domestic violence increases 

16 health care costs. 

17 (11) Seventy-eight percent of human resources 

18 professionals consider partner violence a workplace 

19 issue. However, more than 70 percent of United 

20 States workplaces have no formal program or policy 

21 that addresses workplace violence, let alone domestic 

22 violence. In fact, only 4 percent of employers pro23 vided training on domestic violence. 


pwalker on PROD1PC71 with BILLS
6 

•HR 739 IH

1 (12) Ninety-four percent of corporate security 

2 and safety directors at companies nationwide rank 

3 domestic violence as a high security concern. 

4 (13) Women who have experienced domestic vi5 olence or dating violence are more likely than other 

6 women to be unemployed, to suffer from health 

7 problems that can affect employability and job per8 formance, to report lower personal income, and to 

9 rely on welfare. 

10 (14) Studies indicate that one of the best pre11 dictors of whether a victim will be able to stay away 

12 from her abuser is her degree of economic independ13 ence. However, domestic violence, dating violence, 

14 sexual assault, and stalking often negatively impact 

15 a victim’s ability to maintain employment. 

16 (15) According to a 1998 report of the General 

Accounting Office, between 1⁄4 and 1 17 ⁄2 of domestic 

18 violence victims surveyed in 3 studies reported that 

19 they lost a job due, at least in part, to domestic vio20 lence. 

21 (16) Employees in the United States who have 

22 been victims of domestic violence, dating violence, 

23 sexual assault, or stalking too often suffer adverse 

24 consequences in the workplace as a result of their 

25 victimization. 


pwalker on PROD1PC71 with BILLS
7 

•HR 739 IH

1 (17) Domestic violence also affects abusers’ 

2 ability to work. A recent study found that 48 per3 cent of abusers reported having difficulty concen4 trating at work and 42 percent reported being late 

5 to work. Seventy-eight percent reported using their 

6 own company’s resources in connection with the abu7 sive relationship. 

8 (18) Abusers frequently seek to exert financial 

9 control over their partners by actively interfering 

10 with their ability to work, including preventing their 

11 partners from going to work, harassing their part12 ners at work, limiting the access of their partners to 

13 cash or transportation, and sabotaging the child care 

14 arrangements of their partners. 

15 (19) Studies indicate that between 35 and 56 

16 percent of employed battered women surveyed were 

17 harassed at work by their abusive partners. 

(20) More than 1 18 ⁄2 of women receiving welfare 

19 have been victims of domestic violence as adults and 

between 1⁄4 and 1 20 ⁄3 of women receiving welfare re21 ported being abused in the last year. 

22 (21) Victims of domestic violence also fre23 quently miss work due to injuries, court dates, and 

24 safety concerns requiring legal protections. Victims 

25 of intimate partner violence lose 8,000,000 days of 


pwalker on PROD1PC71 with BILLS
8 

•HR 739 IH

1 paid work each year, the equivalent of over 32,000 

2 full-time jobs and 5,600,000 days of household pro3 ductivity. 

4 (22) Approximately 10,200,000 people have 

5 been stalked at some time in their lives. Four out of 

6 every 5 stalking victims are women. Stalkers harass 

7 and terrorize their victims by spying on the victims, 

8 standing outside their places of work or homes, mak9 ing unwanted phone calls, sending or leaving un10 wanted letters or items, or vandalizing property. 

11 (23) More than 35 percent of stalking victims 

12 report losing time from work due to the stalking and 

13 7 percent never return to work. 

14 (24) The prevalence of sexual assault and other 

15 violence against women at work is also dramatic. 

16 About 36,500 individuals, 80 percent of whom are 

17 women, were raped or sexually assaulted in the 

18 workplace each year from 1993 through 1999. Half 

19 of all female victims of violent workplace crimes 

20 know their attackers. Nearly one out of 10 violent 

21 workplace incidents are committed by partners or 

22 spouses. Women who work for State and local gov23 ernments suffer a higher incidence of workplace as24 saults, including rapes, than women who work in the 

25 private sector. 


pwalker on PROD1PC71 with BILLS
9 

•HR 739 IH

1 (25) According to recent Government estimates, 

2 approximately 987,400 rapes occur annually in the 

3 United States, with 89 percent of the rapes per4 petrated against female victims. Since 2001, rapes 

5 have actually increased by 4 percent. 

6 (26) Sexual assault, whether occurring in or out 

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

8 performance, require time away from work, and un9 dermine the employee’s ability to maintain a job. Al10 most 50 percent of sexual assault survivors lose their 

11 jobs or are forced to quit in the aftermath of the as12 saults. An estimated 24 to 30 percent of abused 

13 working women lose their jobs due to their abuse. 

14 (27) Domestic and sexual violence victims have 

15 been subjected to discrimination by private and 

16 State employers, including discrimination motivated 

17 by sex and stereotypic notions about women. 

18 (28) Domestic violence victims and third parties 

19 who help them have been subjected to discriminatory 

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

21 casualty insurers and employers who self-insure em22 ployee benefits, who have denied or canceled cov23 erage, rejected claims, and raised rates based on do24 mestic violence. Although some State legislatures 

25 have tried to address those practices, the scope of 


pwalker on PROD1PC71 with BILLS
10 

•HR 739 IH

1 protection afforded by the laws adopted varies from 

2 State to State, with many failing to address the 

3 problem involved comprehensively. Moreover, Federal 

4 law prevents States from protecting the almost 40 

5 percent of employees whose employers self-insure 

6 employee benefits. 

7 (29) No States, with the exception of Illinois, 

8 prohibit employment discrimination against all vic9 tims of domestic violence, sexual assault, or stalking. 

10 (30) Employees, including individuals partici11 pating in welfare-to-work programs, may need to 

12 take time during business hours to— 

13 (A) obtain orders of protection; 

14 (B) seek medical or legal assistance, coun15 seling, or other services; or 

16 (C) look for housing in order to escape 

17 from domestic violence. 

18 (31) Only 11 States provide domestic violence 

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

20 to the doctor, or to take other steps to address the 

21 domestic violence in their lives. 

22 (32) Only 29 States and the District of Colum23 bia have laws that explicitly provide unemployment 

24 insurance to domestic violence victims in certain cirVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
11 

•HR 739 IH

1 cumstances, and none of the laws explicitly cover vic2 tims of sexual assault or stalking. 

3 (33) Existing Federal law does not explicitly— 

4 (A) authorize victims of domestic violence, 

5 dating violence, sexual assault, or stalking to 

6 take leave from work to seek legal assistance 

7 and redress, counseling, or assistance with safe8 ty planning activities; 

9 (B) address the eligibility of victims of do10 mestic violence, dating violence, sexual assault, 

11 or stalking for unemployment compensation; 

12 (C) prohibit employment discrimination 

13 against actual or perceived victims of domestic 

14 violence, dating violence, sexual assault, or 

15 stalking; or 

16 (D)(i) prohibit insurers and employers who 

17 self-insure employee benefits from discrimi18 nating against domestic violence victims and 

19 those who help them in determining eligibility, 

20 rates charged, and standards for payment of 

21 claims; or 

22 (ii) prohibit insurers from disclosing infor23 mation about abuse and the location of the vic24 tims through insurance databases and other 

25 means. 


pwalker on PROD1PC71 with BILLS
12 

•HR 739 IH

1 SEC. 3. DEFINITIONS. 

2 In this Act, except as otherwise expressly provided: 

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

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

5 meanings given the terms in section 101 of the 

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

7 2611). 

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

9 of conduct’’ means a course of repeatedly maintain10 ing a visual or physical proximity to a person or con11 veying verbal or written threats, including threats 

12 conveyed through electronic communications, or 

13 threats implied by conduct. 

14 (3) DATING VIOLENCE.—The term ‘‘dating vio15 lence’’ has the meaning given the term in section 

16 40002 of the Violence Against Women Act of 1994 

17 (42 U.S.C. 13925). 

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

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

20 40002 of the Violence Against Women Act of 1994 

21 (42 U.S.C. 13925). 

22 (5) DOMESTIC VIOLENCE COALITION.—The 

23 term ‘‘domestic violence coalition’’ means a non24 profit, nongovernmental membership organization 

25 that— 


pwalker on PROD1PC71 with BILLS
13 

•HR 739 IH

1 (A) consists of the entities carrying out a 

2 majority of the domestic violence programs car3 ried out within a State; 

4 (B) collaborates and coordinates activities 

5 with Federal, State, and local entities to further 

6 the purposes of domestic violence intervention 

7 and prevention; and 

8 (C) among other activities, provides train9 ing and technical assistance to entities carrying 

10 out domestic violence programs within a State, 

11 territory, political subdivision, or area under 

12 Federal authority. 

13 (6) ELECTRONIC COMMUNICATIONS.—The term 

14 ‘‘electronic communications’’ includes communica15 tions via telephone (including mobile phone), com16 puter, e-mail, video recorder, fax machine, telex, or 

17 pager. 

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

19 ‘‘State’’ have the meanings given the terms in sec20 tion 3 of the Fair Labor Standards Act of 1938 (29 

21 U.S.C. 203). 

22 (8) EMPLOYEE.— 

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

24 means any person employed by an employer. In 

25 the case of an individual employed by a public 


pwalker on PROD1PC71 with BILLS
14 

•HR 739 IH

1 agency, such term means an individual em2 ployed as described in section 3(e)(2) of the 

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

4 203(e)(2)). 

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

6 employed as described in subparagraph (A) on 

7 a full- or part-time basis, for a fixed time pe8 riod, on a temporary basis, pursuant to a detail, 

9 or as a participant in a work assignment as a 

10 condition of receipt of Federal or State income11 based public assistance. 

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

13 (A) means any person engaged in com14 merce or in any industry or activity affecting 

15 commerce who employs fifteen or more individ16 uals; and 

17 (B) includes any person acting directly or 

18 indirectly in the interest of an employer in rela19 tion to an employee, and includes a public agen20 cy that employs individuals as described in sec21 tion 3(e)(2) of the Fair Labor Standards Act of 

22 1938, but does not include any labor organiza23 tion (other than when acting as an employer) or 

24 anyone acting in the capacity of officer or agent 

25 of such labor organization. 


pwalker on PROD1PC71 with BILLS
15 

•HR 739 IH

1 (10) EMPLOYMENT BENEFITS.—The term ‘‘em2 ployment benefits’’ means all benefits provided or 

3 made available to employees by an employer, includ4 ing group life insurance, health insurance, disability 

5 insurance, sick leave, annual leave, educational bene6 fits, and pensions, regardless of whether such bene7 fits are provided by a practice or written policy of 

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

9 as defined in section 3(3) of the Employee Retire10 ment Income Security Act of 1974 (29 U.S.C. 

11 1002(3)). 

12 (11) FAMILY OR HOUSEHOLD MEMBER.—The 

13 term ‘‘family or household member’’, used with re14 spect to a person, means a nonabusive individual 

15 who is a spouse, former spouse, parent, son or 

16 daughter, or person residing or formerly residing in 

17 the same dwelling unit as the person. 

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

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

20 given the terms in section 101 of the Family and 

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

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

23 meaning given the term in section 3 of the Fair 

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


pwalker on PROD1PC71 with BILLS
16 

•HR 739 IH

1 (14) PUBLIC AGENCY.—The term ‘‘public agen2 cy’’ has the meaning given the term in section 3 of 

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

4 203). 

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

6 assistance’’ includes cash, food stamps, medical as7 sistance, housing assistance, and other benefits pro8 vided on the basis of income by a public agency. 

9 (16) REDUCED LEAVE SCHEDULE.—The term 

10 ‘‘reduced leave schedule’’ means a leave schedule 

11 that reduces the usual number of hours per work12 week, or hours per workday, of an employee. 

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

14 means on two or more occasions. 

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

16 means the Secretary of Labor. 

17 (19) SEXUAL ASSAULT.—The term ‘‘sexual as18 sault’’ has the meaning given the term in section 

19 40002 of the Violence Against Women Act of 1994 

20 (42 U.S.C. 13925). 

21 (20) SEXUAL ASSAULT COALITION.—The term 

22 ‘‘sexual assault coalition’’ means a nonprofit, non23 governmental membership organization that— 


pwalker on PROD1PC71 with BILLS
17 

•HR 739 IH

1 (A) consists of the entities carrying out a 

2 majority of the sexual assault programs carried 

3 out within a State; 

4 (B) collaborates and coordinates activities 

5 with Federal, State, and local entities to further 

6 the purposes of sexual assault intervention and 

7 prevention; and 

8 (C) among other activities, provides train9 ing and technical assistance to entities carrying 

10 out sexual assault programs within a State, ter11 ritory, political subdivision, or area under Fed12 eral authority. 

13 (21) STALKING.—The term ‘‘stalking’’ has the 

14 meaning given the term in section 40002 of the Vio15 lence Against Women Act of 1994 (42 U.S.C. 

16 13925). 

17 (22) VICTIM OF DOMESTIC VIOLENCE, DATING

18 VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 

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

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

21 has been a victim of domestic violence, dating vio22 lence, sexual assault, or stalking and a person whose 

23 family or household member has been a victim of do24 mestic violence, dating violence, sexual assault, or 

25 stalking. 


pwalker on PROD1PC71 with BILLS
18 

•HR 739 IH

1 (23) VICTIM SERVICES ORGANIZATION.—The 

2 term ‘‘victim services organization’’ means a non3 profit, nongovernmental organization that provides 

4 assistance to victims of domestic violence, dating vio5 lence, sexual assault, or stalking, or to advocates for 

6 such victims, including a rape crisis center, an orga7 nization carrying out a domestic violence program, 

8 an organization operating a shelter or providing 

9 counseling services, or an organization providing as10 sistance through the legal process. 

11 TITLE I—ENTITLEMENT TO 

12 EMERGENCY LEAVE FOR AD13 DRESSING DOMESTIC VIO14 LENCE, DATING VIOLENCE, 

15 SEXUAL ASSAULT, OR STALK16 ING 

17 SEC. 101. PURPOSES. 

18 The purposes of this title are, pursuant to the affirm19 ative power of Congress to enact legislation under the por20 tions of section 8 of article I of the Constitution relating 

21 to providing for the general welfare and to regulation of 

22 commerce among the several States, and under section 5 

23 of the 14th amendment to the Constitution— 

24 (1) to promote the national interest in reducing 

25 domestic violence, dating violence, sexual assault, 


pwalker on PROD1PC71 with BILLS
19 

•HR 739 IH

1 and stalking by enabling victims of domestic vio2 lence, dating violence, sexual assault, or stalking to 

3 maintain the financial independence necessary to 

4 leave abusive situations, achieve safety, and mini5 mize the physical and emotional injuries from do6 mestic violence, dating violence, sexual assault, or 

7 stalking, and to reduce the devastating economic 

8 consequences of domestic violence, dating violence, 

9 sexual assault, or stalking to employers and employ10 ees; 

11 (2) to promote the national interest in ensuring 

12 that victims of domestic violence, dating violence, 

13 sexual assault, or stalking can recover from and cope 

14 with the effects of domestic violence, dating violence, 

15 sexual assault, or stalking, and participate in crimi16 nal and civil justice processes, without fear of ad17 verse economic consequences from their employers; 

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

19 dating violence, sexual assault, or stalking can re20 cover from and cope with the effects of domestic vio21 lence, dating violence, sexual assault, or stalking, 

22 and participate in criminal and civil justice proc23 esses, without fear of adverse economic consequences 

24 with respect to public benefits; 


pwalker on PROD1PC71 with BILLS
20 

•HR 739 IH

1 (4) to promote the purposes of the 14th amend2 ment by preventing sex-based discrimination and 

3 discrimination against victims of domestic violence, 

4 dating violence, sexual assault, or stalking in em5 ployment leave, by addressing the failure of existing 

6 laws to protect the employment rights of victims of 

7 domestic violence, dating violence, sexual assault, or 

8 stalking, by protecting their civil and economic 

9 rights, and by furthering the equal opportunity of 

10 women for economic self-sufficiency and employment 

11 free from discrimination; 

12 (5) to minimize the negative impact on inter13 state commerce from dislocations of employees and 

14 harmful effects on productivity, employment, health 

15 care costs, and employer costs, caused by domestic 

16 violence, dating violence, sexual assault, or stalking, 

17 including intentional efforts to frustrate women’s 

18 ability to participate in employment and interstate 

19 commerce; 

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

21 dignity reflected in instruments such as the Charter 

22 of the United Nations, the Universal Declaration of 

23 Human Rights, and the International Covenant on 

24 Civil and Political Rights; and 


pwalker on PROD1PC71 with BILLS
21 

•HR 739 IH

1 (7) to accomplish the purposes described in 

2 paragraphs (1) through (6) by— 

3 (A) entitling employed victims of domestic 

4 violence, dating violence, sexual assault, or 

5 stalking to take leave to seek medical help, legal 

6 assistance, counseling, safety planning, and 

7 other assistance without penalty from their em8 ployers; and 

9 (B) prohibiting employers from discrimi10 nating against actual or perceived victims of do11 mestic violence, dating violence, sexual assault, 

12 or stalking, in a manner that accommodates the 

13 legitimate interests of employers and protects 

14 the safety of all persons in the workplace. 

15 SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD16 DRESSING DOMESTIC VIOLENCE, DATING VI17 OLENCE, SEXUAL ASSAULT, OR STALKING. 

18 (a) LEAVE REQUIREMENT.— 

19 (1) BASIS.—An employee who is a victim of do20 mestic violence, dating violence, sexual assault, or 

21 stalking may take leave from work to address do22 mestic violence, dating violence, sexual assault, or 

23 stalking, by— 

24 (A) seeking medical attention for, or recov25 ering from, physical or psychological injuries 


pwalker on PROD1PC71 with BILLS
22 

•HR 739 IH

1 caused by domestic violence, dating violence, 

2 sexual assault, or stalking to the employee or 

3 the employee’s family or household member; 

4 (B) obtaining services from a victim serv5 ices organization for the employee or the em6 ployee’s family or household member; 

7 (C) obtaining psychological or other coun8 seling for the employee or the employee’s family 

9 or household member; 

10 (D) participating in safety planning, tem11 porarily or permanently relocating, or taking 

12 other actions to increase the safety of the em13 ployee or the employee’s family or household 

14 member from future domestic violence, dating 

15 violence, sexual assault, or stalking or ensure 

16 economic security; or 

17 (E) seeking legal assistance or remedies to 

18 ensure the health and safety of the employee or 

19 the employee’s family or household member, in20 cluding preparing for or participating in any 

21 civil or criminal legal proceeding related to or 

22 derived from domestic violence, dating violence, 

23 sexual assault, or stalking. 


pwalker on PROD1PC71 with BILLS
23 

•HR 739 IH

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

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

3 in any 12-month period. 

4 (3) SCHEDULE.—Leave described in paragraph 

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

6 leave schedule. 

7 (b) NOTICE.—The employee shall provide the em8 ployer with reasonable notice of the employee’s intention 

9 to take the leave, unless providing such notice is not prac10 ticable. 

11 (c) CERTIFICATION.— 

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

13 the employee to provide certification to the employer, 

14 within a reasonable period after the employer re15 quests the certification, that— 

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

17 or household member is a victim of domestic vi18 olence, dating violence, sexual assault, or stalk19 ing; and 

20 (B) the leave is for one of the purposes 

21 enumerated in subsection (a)(1). 

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

23 certification requirement of paragraph (1) by pro24 viding to the employer— 

25 (A) a sworn statement of the employee; 


pwalker on PROD1PC71 with BILLS
24 

•HR 739 IH

1 (B) documentation from an employee, 

2 agent, or volunteer of a victim services organi3 zation, an attorney, a member of the clergy, or 

4 a medical or other professional, from whom the 

5 employee or the employee’s family or household 

6 member has sought assistance in addressing do7 mestic violence, dating violence, sexual assault, 

8 or stalking and the effects of domestic violence, 

9 dating violence, sexual assault, or stalking; 

10 (C) a police or court record; or 

11 (D) other corroborating evidence. 

12 (d) CONFIDENTIALITY.—All information provided to 

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

14 a statement of the employee or any other documentation, 

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

16 employee has requested or obtained leave pursuant to this 

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

18 employer, except to the extent that disclosure is— 

19 (1) requested or consented to by the employee 

20 in writing; or 

21 (2) otherwise required by applicable Federal or 

22 State law. 

23 (e) EMPLOYMENT AND BENEFITS.— 

24 (1) RESTORATION TO POSITION.— 


pwalker on PROD1PC71 with BILLS
25 

•HR 739 IH

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

2 paragraph (2), any employee who takes leave 

3 under this section for the intended purpose of 

4 the leave shall be entitled, on return from such 

5 leave— 

6 (i) to be restored by the employer to 

7 the position of employment held by the em8 ployee when the leave commenced; or 

9 (ii) to be restored to an equivalent po10 sition with equivalent employment benefits, 

11 pay, and other terms and conditions of em12 ployment. 

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

14 leave under this section shall not result in the 

15 loss of any employment benefit accrued prior to 

16 the date on which the leave commenced. 

17 (C) LIMITATIONS.—Nothing in this sub18 section shall be construed to entitle any re19 stored employee to— 

20 (i) the accrual of any seniority or em21 ployment benefits during any period of 

22 leave; or 

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

24 employment other than any right, benefit, 

25 or position to which the employee would 


pwalker on PROD1PC71 with BILLS
26 

•HR 739 IH

1 have been entitled had the employee not 

2 taken the leave. 

3 (D) CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed to prohibit an em5 ployer from requiring an employee on leave 

6 under this section to report periodically to the 

7 employer on the status and intention of the em8 ployee to return to work. 

9 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

10 COMPENSATED EMPLOYEES.— 

11 (A) DENIAL OF RESTORATION.—An em12 ployer may deny restoration under paragraph 

13 (1) to any employee described in subparagraph 

14 (B) if— 

15 (i) such denial is necessary to prevent 

16 substantial and grievous economic injury to 

17 the operations of the employer; 

18 (ii) the employer notifies the employee 

19 of the intent of the employer to deny res20 toration on such basis at the time the em21 ployer determines that such injury would 

22 occur; and 

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

24 commenced, the employee elects not to reVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
27 

•HR 739 IH

1 turn to employment after receiving such 

2 notice. 

3 (B) AFFECTED EMPLOYEES.—An employee 

4 referred to in subparagraph (A) is a salaried 

5 employee who is among the highest paid 10 per6 cent of the employees employed by the employer 

7 within 75 miles of the facility at which the em8 ployee is employed. 

9 (3) MAINTENANCE OF HEALTH BENEFITS.— 

10 (A) COVERAGE.—Except as provided in 

11 subparagraph (B), during any period that an 

12 employee takes leave under this section, the em13 ployer shall maintain coverage under any group 

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

15 the Internal Revenue Code of 1986) for the du16 ration of such leave at the level and under the 

17 conditions coverage would have been provided if 

18 the employee had continued in employment con19 tinuously for the duration of such leave. 

20 (B) FAILURE TO RETURN FROM LEAVE.— 

21 The employer may recover the premium that 

22 the employer paid for maintaining coverage for 

23 the employee under such group health plan dur24 ing any period of leave under this section if— 


pwalker on PROD1PC71 with BILLS
28 

•HR 739 IH

1 (i) the employee fails to return from 

2 leave under this section after the period of 

3 leave to which the employee is entitled has 

4 expired; and 

5 (ii) the employee fails to return to 

6 work for a reason other than— 

7 (I) the continuation of, recur8 rence of, or onset of an episode of do9 mestic violence, dating violence, sexual 

10 assault, or stalking, that entitles the 

11 employee to leave pursuant to this 

12 section; or 

13 (II) other circumstances beyond 

14 the control of the employee. 

15 (C) CERTIFICATION.— 

16 (i) ISSUANCE.—An employer may re17 quire an employee who claims that the em18 ployee is unable to return to work because 

19 of a reason described in subclause (I) or 

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

21 within a reasonable period after making 

22 the claim, certification to the employer 

23 that the employee is unable to return to 

24 work because of that reason. 


pwalker on PROD1PC71 with BILLS
29 

•HR 739 IH

1 (ii) CONTENTS.—An employee may 

2 satisfy the certification requirement of 

3 clause (i) by providing to the employer— 

4 (I) a sworn statement of the em5 ployee; 

6 (II) documentation from an em7 ployee, agent, or volunteer of a victim 

8 services organization, an attorney, a 

9 member of the clergy, or a medical or 

10 other professional, from whom the 

11 employee or the employee’s family or 

12 household member has sought assist13 ance in addressing domestic violence, 

14 dating violence, sexual assault, or 

15 stalking and the effects of domestic 

16 violence, dating violence, sexual as17 sault, or stalking; 

18 (III) a police or court record; or 

19 (IV) other corroborating evi20 dence. 

21 (D) CONFIDENTIALITY.—All information 

22 provided to the employer pursuant to subpara23 graph (C), including a statement of the em24 ployee or any other documentation, record, or 

25 corroborating evidence, and the fact that the 


pwalker on PROD1PC71 with BILLS
30 

•HR 739 IH

1 employee is not returning to work because of a 

2 reason described in subclause (I) or (II) of sub3 paragraph (B)(ii), shall be retained in the 

4 strictest confidence by the employer, except to 

5 the extent that disclosure is— 

6 (i) requested or consented to by the 

7 employee; or 

8 (ii) otherwise required by applicable 

9 Federal or State law. 

10 (f) PROHIBITED ACTS.— 

11 (1) INTERFERENCE WITH RIGHTS.— 

12 (A) EXERCISE OF RIGHTS.—It shall be un13 lawful for any employer to interfere with, re14 strain, or deny the exercise of or the attempt to 

15 exercise, any right provided under this section. 

16 (B) EMPLOYER DISCRIMINATION.—It shall 

17 be unlawful for any employer to discharge or 

18 harass any individual, or otherwise discriminate 

19 against any individual with respect to com20 pensation, terms, conditions, or privileges of 

21 employment of the individual (including retalia22 tion in any form or manner) because the indi23 vidual— 

24 (i) exercised any right provided under 

25 this section; or 


pwalker on PROD1PC71 with BILLS
31 

•HR 739 IH

1 (ii) opposed any practice made unlaw2 ful by this section. 

3 (C) PUBLIC AGENCY SANCTIONS.—It shall 

4 be unlawful for any public agency to deny, re5 duce, or terminate the benefits of, otherwise 

6 sanction, or harass any individual, or otherwise 

7 discriminate against any individual (including 

8 retaliation in any form or manner) with respect 

9 to the amount, terms, or conditions of public 

10 assistance of the individual because the indi11 vidual— 

12 (i) exercised any right provided under 

13 this section; or 

14 (ii) opposed any practice made unlaw15 ful by this section. 

16 (2) INTERFERENCE WITH PROCEEDINGS OR IN17 QUIRIES.—It shall be unlawful for any person to dis18 charge or in any other manner discriminate (as de19 scribed in subparagraph (B) or (C) of paragraph 

20 (1)) against any individual because such indi21 vidual— 

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

23 or caused to be instituted any proceeding, 

24 under or related to this section; 


pwalker on PROD1PC71 with BILLS
32 

•HR 739 IH

1 (B) has given, or is about to give, any in2 formation in connection with any inquiry or 

3 proceeding relating to any right provided under 

4 this section; or 

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

6 any inquiry or proceeding relating to any right 

7 provided under this section. 

8 (g) ENFORCEMENT.— 

9 (1) CIVIL ACTION BY AFFECTED INDIVID10 UALS.— 

11 (A) LIABILITY.—Any employer that vio12 lates subsection (f) shall be liable to any indi13 vidual affected— 

14 (i) for damages equal to— 

15 (I) the amount of— 

16 (aa) any wages, salary, em17 ployment benefits, or other com18 pensation denied or lost to such 

19 individual by reason of the viola20 tion; or 

21 (bb) in a case in which 

22 wages, salary, employment bene23 fits, or other compensation has 

24 not been denied or lost to the in25 dividual, any actual monetary 


pwalker on PROD1PC71 with BILLS
33 

•HR 739 IH

1 losses sustained by the individual 

2 as a direct result of the violation; 

3 (II) the interest on the amount 

4 described in subclause (I) calculated 

5 at the prevailing rate; and 

6 (III) an additional amount as liq7 uidated damages equal to the sum of 

8 the amount described in subclause (I) 

9 and the interest described in sub10 clause (II), except that if an employer 

11 that has violated subsection (f) proves 

12 to the satisfaction of the court that 

13 the act or omission that violated sub14 section (f) was in good faith and that 

15 the employer had reasonable grounds 

16 for believing that the act or omission 

17 was not a violation of subsection (f), 

18 such court may, in the discretion of 

19 the court, reduce the amount of the li20 ability to the amount and interest de21 termined under subclauses (I) and 

22 (II), respectively; and 

23 (ii) for such equitable relief as may be 

24 appropriate, including employment, rein25 statement, and promotion. 


pwalker on PROD1PC71 with BILLS
34 

•HR 739 IH

1 (B) RIGHT OF ACTION.—An action to re2 cover the damages or equitable relief prescribed 

3 in subparagraph (A) may be maintained against 

4 any employer in any Federal or State court of 

5 competent jurisdiction by any one or more af6 fected individuals for and on behalf of— 

7 (i) the individuals; or 

8 (ii) the individuals and other individ9 uals similarly situated. 

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

11 an action shall, in addition to any judgment 

12 awarded to the plaintiff, allow a reasonable at13 torney’s fee, reasonable expert witness fees, and 

14 other costs of the action to be paid by the de15 fendant. 

16 (D) LIMITATIONS.—The right provided by 

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

18 behalf of any affected individual shall termi19 nate— 

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

21 Secretary in an action under paragraph (4) 

22 in which restraint is sought of any further 

23 delay in the payment of the amount de24 scribed in subparagraph (A)(i) to such inVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
35 

•HR 739 IH

1 dividual by an employer responsible under 

2 subparagraph (A) for the payment; or 

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

4 Secretary in an action under paragraph (2) 

5 in which a recovery is sought of the dam6 ages described in subparagraph (A)(i) 

7 owing to an affected individual by an em8 ployer liable under subparagraph (A), 

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

10 is dismissed without prejudice on motion of the 

11 Secretary. 

12 (2) ACTION BY THE SECRETARY.— 

13 (A) ADMINISTRATIVE ACTION.—The Sec14 retary shall receive, investigate, and attempt to 

15 resolve complaints of violations of subsection (f) 

16 in the same manner as the Secretary receives, 

17 investigates, and attempts to resolve complaints 

18 of violations of sections 6 and 7 of the Fair 

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

20 and 207). 

21 (B) CIVIL ACTION.—The Secretary may 

22 bring an action in any court of competent juris23 diction to recover the damages described in 

24 paragraph (1)(A)(i). 


pwalker on PROD1PC71 with BILLS
36 

•HR 739 IH

1 (C) SUMS RECOVERED.—Any sums recov2 ered by the Secretary pursuant to subparagraph 

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

4 and shall be paid, on order of the Secretary, di5 rectly to each individual affected. Any such 

6 sums not paid to such an individual because of 

7 inability to do so within a period of 3 years 

8 shall be deposited into the Treasury of the 

9 United States as miscellaneous receipts. 

10 (3) LIMITATION.— 

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

12 subparagraph (B), an action may be brought 

13 under this subsection not later than 2 years 

14 after the date of the last event constituting the 

15 alleged violation for which the action is brought. 

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

17 such action brought for a willful violation of 

18 subsection (f), such action may be brought 

19 within 3 years after the date of the last event 

20 constituting the alleged violation for which such 

21 action is brought. 

22 (C) COMMENCEMENT.—In determining 

23 when an action is commenced by the Secretary 

24 under this subsection for the purposes of this 


pwalker on PROD1PC71 with BILLS
37 

•HR 739 IH

1 paragraph, it shall be considered to be com2 menced on the date when the complaint is filed. 

3 (4) ACTION FOR INJUNCTION BY SECRETARY.— 

4 The district courts of the United States shall have 

5 jurisdiction, for cause shown, in an action brought 

6 by the Secretary— 

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

8 including the restraint of any withholding of 

9 payment of wages, salary, employment benefits, 

10 or other compensation, plus interest, found by 

11 the court to be due to affected individuals; or 

12 (B) to award such other equitable relief as 

13 may be appropriate, including employment, re14 instatement, and promotion. 

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

16 Labor may appear for and represent the Secretary 

17 on any litigation brought under this subsection. 

18 (6) EMPLOYER LIABILITY UNDER OTHER

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

20 limit the liability of an employer or public agency to 

21 an individual, for harm suffered relating to the indi22 vidual’s experience of domestic violence, dating vio23 lence, sexual assault, or stalking, pursuant to any 

24 other Federal or State law, including a law providing 

25 for a legal remedy. 


pwalker on PROD1PC71 with BILLS
38 

•HR 739 IH

1 (7) LIBRARY OF CONGRESS.—Notwithstanding 

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

3 the Library of Congress, the authority of the Sec4 retary under this subsection shall be exercised by the 

5 Librarian of Congress. 

6 (8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

7 (A) AGENCIES.—Notwithstanding any 

8 other provision of this subsection, in the case of 

9 a public agency that employs individuals as de10 scribed in subparagraph (A) or (B) of section 

11 3(e)(2) of the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 203(e)(2)) (other than an en13 tity of the legislative branch of the Federal 

14 Government), subparagraph (B) shall apply. 

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

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

17 procedures provided in the case of a violation of 

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

19 that title to an employing agency, in chapter 12 

20 of that title to the Merit Systems Protection 

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

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

23 powers, remedies, and procedures this sub24 section provides in the case of a violation of 

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


pwalker on PROD1PC71 with BILLS
39 

•HR 739 IH

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

2 respectively, against an employee who is such 

3 an individual. 

4 (9) PUBLIC AGENCIES PROVIDING PUBLIC AS5 SISTANCE.—Consistent with regulations prescribed 

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

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

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

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

10 who receives a less favorable amount, term, or condi11 tion of public assistance as a result of the viola12 tion— 

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

14 denied or lost to such individual by reason of 

15 the violation; and 

16 (ii) the interest on the amount described in 

17 clause (i); and 

18 (B) such equitable relief as may be appro19 priate. 

20 SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO21 MESTIC VIOLENCE, DATING VIOLENCE, SEX22 UAL ASSAULT, OR STALKING. 

23 An employee who is entitled to take paid or unpaid 

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

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


pwalker on PROD1PC71 with BILLS
40 

•HR 739 IH

1 law, a collective bargaining agreement, or an employment 

2 benefits program or plan, may elect to substitute any pe3 riod of such leave for an equivalent period of leave pro4 vided under section 102. 

5 SEC. 104. EMERGENCY BENEFITS. 

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

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

8 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short9 term emergency benefits to an individual for any period 

10 of leave the individual takes pursuant to section 102. 

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

12 individual for such emergency benefits, the State shall 

13 count only the cash available or accessible to the indi14 vidual. 

15 (c) TIMING.— 

16 (1) APPLICATIONS.—An individual seeking 

17 emergency benefits under subsection (a) from a 

18 State shall submit an application to the State. 

19 (2) BENEFITS.—The State shall provide bene20 fits to an eligible applicant under paragraph (1) on 

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

22 the applicant submits an application under para23 graph (1). 


pwalker on PROD1PC71 with BILLS
41 

•HR 739 IH

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

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

3 at the end the following: 

4 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE5 FITS.—A State that receives a grant under section 403 

6 may use the grant to provide nonrecurrent short-term 

7 emergency benefits, in accordance with section 104 of the 

8 Survivors’ Empowerment and Economic Security Act, to 

9 individuals who take leave pursuant to section 102 of that 

10 Act, without regard to whether the individuals receive as11 sistance under the State program funded under this 

12 part.’’. 

13 SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN14 EFITS. 

15 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO16 GRAMS, AND PLANS.—Nothing in this title shall be con17 strued to supersede any provision of any Federal, State, 

18 or local law, collective bargaining agreement, or employ19 ment benefits program or plan that provides— 

20 (1) greater leave benefits for victims of domes21 tic violence, dating violence, sexual assault, or stalk22 ing than the rights established under this title; or 

23 (2) leave benefits for a larger population of vic24 tims of domestic violence, dating violence, sexual as25 sault, or stalking (as defined in such law, agreement, 


pwalker on PROD1PC71 with BILLS
42 

•HR 739 IH

1 program, or plan) than the victims of domestic vio2 lence, dating violence, sexual assault, or stalking 

3 covered under this title. 

4 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO5 GRAMS, AND PLANS.—The rights established for victims 

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

7 stalking under this title shall not be diminished by any 

8 State or local law, collective bargaining agreement, or em9 ployment benefits program or plan. 

10 SEC. 106. REGULATIONS. 

11 (a) IN GENERAL.— 

12 (1) AUTHORITY TO ISSUE REGULATIONS.—Ex13 cept as provided in subsections (b), (c), and (d), the 

14 Secretary shall issue regulations to carry out this 

15 title. 

16 (2) REGULATIONS REGARDING NOTICES.—The 

17 regulations described in paragraph (1) shall include 

18 regulations requiring every employer to post and 

19 keep posted, in conspicuous places on the premises 

20 of the employer where notices to employees are cus21 tomarily placed, a notice, to be prepared or approved 

22 by the Secretary, summarizing the provisions of this 

23 title and providing information on procedures for fil24 ing complaints. The Secretary shall develop such a 


pwalker on PROD1PC71 with BILLS
43 

•HR 739 IH

1 notice and provide copies to employers upon request 

2 without charge. 

3 (b) LIBRARY OF CONGRESS.—The Librarian of Con4 gress shall prescribe the regulations described in sub5 section (a) with respect to employees of the Library of 

6 Congress. The regulations prescribed under this sub7 section shall, to the extent appropriate, be consistent with 

8 the regulations prescribed by the Secretary under sub9 section (a). 

10 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of11 fice of Personnel Management shall prescribe the regula12 tions described in subsection (a) with respect to individ13 uals described in subparagraph (A) or (B) of section 

14 3(e)(2) of the Fair Labor Standards Act of 1938 (29 

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

16 an entity of the legislative branch of the Federal Govern17 ment). The regulations prescribed under this subsection 

18 shall, to the extent appropriate, be consistent with the reg19 ulations prescribed by the Secretary under subsection (a). 

20 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST21 ANCE.—The President shall prescribe the regulations de22 scribed in subsection (a) with respect to applicants for and 

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

24 section 102(f)(1)(C), or section 102(f)(2) due to discrimi25 nation described in section 102(f)(1)(C). The regulations 


pwalker on PROD1PC71 with BILLS
44 

•HR 739 IH

1 prescribed under this subsection shall, to the extent appro2 priate, be consistent with the regulations prescribed by the 

3 Secretary under subsection (a). 

4 SEC. 107. CONFORMING AMENDMENT. 

5 Section 1003(a)(1) of the Rehabilitation Act Amend6 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 

7 inserting ‘‘title I or III of the Survivors’ Empowerment 

8 and Economic Security Act,’’ before ‘‘or the provisions’’. 

9 SEC. 108. EFFECTIVE DATE. 

10 This title and the amendment made by this title take 

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

12 TITLE II—ENTITLEMENT TO UN13 EMPLOYMENT COMPENSA14 TION FOR VICTIMS OF DO15 MESTIC VIOLENCE, DATING 

16 VIOLENCE, SEXUAL ASSAULT, 

17 OR STALKING 

18 SEC. 201. PURPOSES. 

19 The purposes of this title are, pursuant to the affirm20 ative power of Congress to enact legislation under the por21 tions of section 8 of article I of the Constitution relating 

22 to laying and collecting taxes, providing for the general 

23 welfare, and regulation of commerce among the several 

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

25 the Constitution— 


pwalker on PROD1PC71 with BILLS
45 

•HR 739 IH

1 (1) to promote the national interest in reducing 

2 domestic violence, dating violence, sexual assault, 

3 and stalking by enabling victims of domestic vio4 lence, dating violence, sexual assault, or stalking to 

5 maintain the financial independence necessary to 

6 leave abusive situations, achieve safety, and mini7 mize the physical and emotional injuries from do8 mestic violence, dating violence, sexual assault, or 

9 stalking, and to reduce the devastating economic 

10 consequences of domestic violence, dating violence, 

11 sexual assault, or stalking to employers and employ12 ees; 

13 (2) to promote the national interest in ensuring 

14 that victims of domestic violence, dating violence, 

15 sexual assault, or stalking can recover from and cope 

16 with the effects of such victimization and participate 

17 in the criminal and civil justice processes without 

18 fear of adverse economic consequences; 

19 (3) to minimize the negative impact on inter20 state commerce from dislocations of employees and 

21 harmful effects on productivity, loss of employment, 

22 health care costs, and employer costs, caused by do23 mestic violence, dating violence, sexual assault, or 

24 stalking, including intentional efforts to frustrate 


pwalker on PROD1PC71 with BILLS
46 

•HR 739 IH

1 the ability of women to participate in employment 

2 and interstate commerce; 

3 (4) to promote the purposes of the 14th amend4 ment to the Constitution by preventing sex-based 

5 discrimination and discrimination against victims of 

6 domestic violence, dating violence, sexual assault, or 

7 stalking in unemployment insurance, by addressing 

8 the failure of existing laws to protect the employ9 ment rights of victims of domestic violence, dating 

10 violence, sexual assault, or stalking, by protecting 

11 their civil and economic rights, and by furthering the 

12 equal opportunity of women for economic self-suffi13 ciency and employment free from discrimination; 

14 and 

15 (5) to accomplish the purposes described in 

16 paragraphs (1) through (4) by providing unemploy17 ment insurance to those who are separated from 

18 their employment as a result of domestic violence, 

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

20 manner that accommodates the legitimate interests 

21 of employers and protects the safety of all persons 

22 in the workplace. 


pwalker on PROD1PC71 with BILLS
47 

•HR 739 IH

1 SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 

2 PROVISIONS. 

3 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

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

5 of State unemployment compensation laws) is amended— 

6 (1) in subsection (a)— 

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

8 at the end; 

9 (B) by redesignating paragraph (19) as 

10 paragraph (20); and 

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

12 following new paragraph: 

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

14 an individual is separated from employment due to 

15 circumstances resulting from the individual’s experi16 ence of domestic violence, dating violence, sexual as17 sault, or stalking, nor shall States impose additional 

18 conditions that restrict the individual’s eligibility for 

19 or receipt of benefits beyond those required of other 

20 individuals who are forced to leave their jobs or are 

21 deemed to have good cause for voluntarily separating 

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

23 (2) by adding at the end the following new sub24 section: 

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

26 (a)(19)— 


pwalker on PROD1PC71 with BILLS
48 

•HR 739 IH

1 ‘‘(1) DOCUMENTATION.—In determining eligi2 bility for compensation due to circumstances result3 ing from an individual’s experience of domestic vio4 lence, dating violence, sexual assault, or stalking— 

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

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

7 of documentation that may be presented to 

8 demonstrate eligibility; and 

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

10 of documentation shall be sufficient to dem11 onstrate eligibility, except that a State may re12 quire the presentation of a form of identifica13 tion in addition to the written statement of 

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

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

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

17 not less than three of the following forms of docu18 mentation: 

19 ‘‘(A) An order of protection or other docu20 mentation issued by a court. 

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

22 documenting the domestic violence, dating vio23 lence, sexual assault, or stalking. 

24 ‘‘(C) Documentation that the perpetrator 

25 has been convicted of the offense of domestic viVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
49 

•HR 739 IH

1 olence, dating violence, sexual assault, or stalk2 ing. 

3 ‘‘(D) Medical documentation of the domes4 tic violence, dating violence, sexual assault, or 

5 stalking. 

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

7 violence, sexual assault, or stalking from a 

8 counselor, social worker, health worker, or do9 mestic violence shelter worker. 

10 ‘‘(F) A written statement that the appli11 cant or the applicant’s minor child is a victim 

12 of domestic violence, dating violence, sexual as13 sault, or stalking, provided by a social worker, 

14 member of the clergy, shelter worker, attorney 

15 at law, or other professional who has assisted 

16 the applicant in dealing with the domestic vio17 lence, dating violence, sexual assault, or stalk18 ing. 

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

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

21 SEXUAL ASSAULT, AND STALKING DEFINED.—The 

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

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

24 terms in section 3 of the Survivors’ Empowerment 

25 and Economic Security Act.’’. 


pwalker on PROD1PC71 with BILLS
50 

•HR 739 IH

1 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

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

3 U.S.C. 503(a)) is amended— 

4 (1) by redesignating paragraphs (4) through 

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

6 and 

7 (2) by inserting after paragraph (3) the fol8 lowing new paragraph: 

9 ‘‘(4) Such methods of administration as will en10 sure that— 

11 ‘‘(A) applicants for unemployment com12 pensation and individuals inquiring about such 

13 compensation are adequately notified of the 

14 provisions of subsections (a)(19) and (g) of sec15 tion 3304 of the Internal Revenue Code of 1986 

16 (relating to the availability of unemployment 

17 compensation for victims of domestic violence, 

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

19 ‘‘(B) claims reviewers and hearing per20 sonnel are adequately trained in— 

21 ‘‘(i) the nature and dynamics of do22 mestic violence, dating violence, sexual as23 sault, or stalking (as such terms are de24 fined in section 3 of the Survivors’ EmVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
51 

•HR 739 IH

1 powerment and Economic Security Act); 

2 and 

3 ‘‘(ii) methods of ascertaining and 

4 keeping confidential information about pos5 sible experiences of domestic violence, dat6 ing violence, sexual assault, or stalking (as 

7 so defined) to ensure that— 

8 ‘‘(I) requests for unemployment 

9 compensation based on separations 

10 stemming from domestic violence, dat11 ing violence, sexual assault, or stalk12 ing (as so defined) are reliably 

13 screened, identified, and adjudicated; 

14 and 

15 ‘‘(II) full confidentiality is pro16 vided for the individual’s claim and 

17 submitted evidence; and’’. 

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

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

20 by adding at the end the following new paragraph: 

21 ‘‘(8) CERTIFICATION THAT THE STATE WILL

22 PROVIDE INFORMATION TO VICTIMS OF DOMESTIC

23 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

24 STALKING.—A certification by the chief officer of 


pwalker on PROD1PC71 with BILLS
52 

•HR 739 IH

1 the State that the State has established and is en2 forcing standards and procedures to— 

3 ‘‘(A) ensure that applicants for assistance 

4 under the program and individuals inquiring 

5 about such assistance are adequately notified 

6 of— 

7 ‘‘(i) the provisions of subsections 

8 (a)(19) and (g) of section 3304 of the In9 ternal Revenue Code of 1986 (relating to 

10 the availability of unemployment com11 pensation for victims of domestic violence, 

12 dating violence, sexual assault, or stalk13 ing); and 

14 ‘‘(ii) assistance made available by the 

15 State to victims of domestic violence, dat16 ing violence, sexual assault, or stalking (as 

17 such terms are defined in section 3 of the 

18 Survivors’ Empowerment and Economic 

19 Security Act); 

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

21 agency personnel responsible for administering 

22 the State program funded under this part are 

23 adequately trained in— 


pwalker on PROD1PC71 with BILLS
53 

•HR 739 IH

1 ‘‘(i) the nature and dynamics of do2 mestic violence, dating violence, sexual as3 sault, or stalking (as so defined); 

4 ‘‘(ii) State standards and procedures 

5 relating to the prevention of, and assist6 ance for individuals who experience, do7 mestic violence, dating violence, sexual as8 sault, or stalking (as so defined); and 

9 ‘‘(iii) methods of ascertaining and 

10 keeping confidential information about pos11 sible experiences of domestic violence, dat12 ing violence, sexual assault, or stalking (as 

13 so defined); 

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

15 enforce standards and procedures regarding the 

16 screening for and identification of domestic vio17 lence pursuant to paragraph (7), ensure that— 

18 ‘‘(i) applicants for assistance under 

19 the program and individuals inquiring 

20 about such assistance are adequately noti21 fied of options available under such stand22 ards and procedures; and 

23 ‘‘(ii) case workers and other agency 

24 personnel responsible for administering the 

25 State program funded under this part are 


pwalker on PROD1PC71 with BILLS
54 

•HR 739 IH

1 provided with adequate training regarding 

2 such standards and procedures and options 

3 available under such standards and proce4 dures; and 

5 ‘‘(D) ensure that the training required 

6 under subparagraphs (B) and, if applicable, 

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

8 operated by an eligible entity (as defined in sec9 tion 202(d)(2) of the Survivors’ Empowerment 

10 and Economic Security Act).’’. 

11 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX12 UAL ASSAULT, OR STALKING TRAINING GRANT PRO13 GRAM.— 

14 (1) GRANTS AUTHORIZED.—The Secretary of 

15 Health and Human Services (in this subsection re16 ferred to as the ‘‘Secretary’’) is authorized to 

17 award— 

18 (A) a grant to a national victim services 

19 organization in order for such organization to— 

20 (i) develop and disseminate a model 

21 training program (and related materials) 

22 for the training required under section 

23 303(a)(4)(B) of the Social Security Act, as 

24 added by subsection (b), and under sub25 paragraphs (B) and, if applicable, (C)(ii) 


pwalker on PROD1PC71 with BILLS
55 

•HR 739 IH

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

2 added by subsection (c); and 

3 (ii) provide technical assistance with 

4 respect to such model training program; 

5 and 

6 (B) grants to State, tribal, or local agen7 cies in order for such agencies to contract with 

8 eligible entities to provide State, tribal, or local 

9 case workers and other State, tribal, or local 

10 agency personnel responsible for administering 

11 the temporary assistance to needy families pro12 gram established under part A of title IV of the 

13 Social Security Act in a State or Indian res14 ervation with the training required under sub15 paragraphs (B) and, if applicable, (C)(ii) of 

16 such section 402(a)(8). 

17 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

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

19 means an entity— 

20 (A) that is— 

21 (i) a State or tribal domestic violence 

22 coalition or sexual assault coalition; 

23 (ii) a State or local victim services or24 ganization with recognized expertise in the 

25 dynamics of domestic violence, dating vioVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
56 

•HR 739 IH

1 lence, sexual assault, or stalking whose pri2 mary mission is to provide services to vic3 tims of domestic violence, dating violence, 

4 sexual assault, or stalking, such as a rape 

5 crisis center or domestic violence program; 

6 or 

7 (iii) an organization with dem8 onstrated expertise in State or county wel9 fare laws and implementation of such laws 

10 and experience with disseminating informa11 tion on such laws and implementation, but 

12 only if such organization will provide the 

13 required training in partnership with an 

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

15 (B) that— 

16 (i) has demonstrated expertise in both 

17 domestic violence and sexual assault, such 

18 as a joint domestic violence and sexual as19 sault coalition; or 

20 (ii) will provide the required training 

21 in partnership with an entity described in 

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

23 order to comply with the dual domestic vio24 lence and sexual assault expertise require25 ment under clause (i). 


pwalker on PROD1PC71 with BILLS
57 

•HR 739 IH

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

2 under this subsection shall submit an application to 

3 the Secretary at such time, in such form and man4 ner, and containing such information as the Sec5 retary specifies. 

6 (4) REPORTS.— 

7 (A) REPORTS TO CONGRESS.—The Sec8 retary shall annually submit a report to Con9 gress on the grant program established under 

10 this subsection. 

11 (B) REPORTS AVAILABLE TO PUBLIC.— 

12 The Secretary shall establish procedures for the 

13 dissemination to the public of each report sub14 mitted under subparagraph (A). Such proce15 dures shall include the use of the Internet to 

16 disseminate such reports. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) AUTHORIZATION.—There are author19 ized to be appropriated— 

20 (i) $1,000,000 for fiscal year 2008 to 

21 carry out the provisions of paragraph 

22 (1)(A); and 

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

24 years 2009 through 2011 to carry out the 

25 provisions of paragraph (1)(B). 


pwalker on PROD1PC71 with BILLS
58 

•HR 739 IH

1 (B) THREE-YEAR AVAILABILITY OF GRANT

2 FUNDS.—Each recipient of a grant under this 

3 subsection shall return to the Secretary any un4 used portion of such grant not later than 3 

5 years after the date the grant was awarded, to6 gether with any earnings on such unused por7 tion. 

8 (C) AMOUNTS RETURNED.—Any amounts 

9 returned pursuant to subparagraph (B) shall be 

10 available without further appropriation to the 

11 Secretary for the purpose of carrying out the 

12 provisions of paragraph (1)(B). 

13 (e) EFFECT ON EXISTING LAWS, ETC.— 

14 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

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

16 be construed to supersede any provision of any Fed17 eral, State, or local law, collective bargaining agree18 ment, or employment benefits program or plan that 

19 provides greater unemployment insurance benefits 

20 for victims of domestic violence, dating violence, sex21 ual assault, or stalking than the rights established 

22 under this title. 

23 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

24 PROGRAMS, AND PLANS.—The rights established for 

25 victims of domestic violence, dating violence, sexual 


pwalker on PROD1PC71 with BILLS
59 

•HR 739 IH

1 assault, or stalking under this title shall not be di2 minished by any more restrictive State or local law, 

3 collective bargaining agreement, or employment ben4 efits program or plan. 

5 (f) EFFECTIVE DATE.— 

6 (1) UNEMPLOYMENT AMENDMENTS.— 

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

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

9 amendments made by this section shall apply in 

10 the case of compensation paid for weeks begin11 ning on or after the expiration of 180 days 

12 from the date of enactment of this Act. 

13 (B) EXTENSION OF EFFECTIVE DATE FOR

14 STATE LAW AMENDMENT.— 

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

16 Labor identifies a State as requiring a 

17 change to its statutes, regulations, or poli18 cies in order to comply with the amend19 ments made by this section (excluding the 

20 amendment made by subsection (c)), such 

21 amendments shall apply in the case of 

22 compensation paid for weeks beginning 

23 after the earlier of— 

24 (I) the date the State changes its 

25 statutes, regulations, or policies in 


pwalker on PROD1PC71 with BILLS
60 

•HR 739 IH

1 order to comply with such amend2 ments; or 

3 (II) the end of the first session of 

4 the State legislature which begins 

5 after the date of enactment of this 

6 Act or which began prior to such date 

7 and remained in session for at least 

8 25 calendar days after such date; 

9 except that in no case shall such amend10 ments apply before the date that is 180 

11 days after the date of enactment of this 

12 Act. 

13 (ii) SESSION DEFINED.—In this sub14 paragraph, the term ‘‘session’’ means a 

15 regular, special, budget, or other session of 

16 a State legislature. 

17 (2) TANF AMENDMENT.— 

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

19 subparagraph (B), the amendment made by 

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

21 enactment of this Act. 

22 (B) EXTENSION OF EFFECTIVE DATE FOR

23 STATE LAW AMENDMENT.—In the case of a 

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

25 Security Act which the Secretary of Health and 


pwalker on PROD1PC71 with BILLS
61 

•HR 739 IH

1 Human Services determines requires State leg2 islation in order for the plan to meet the addi3 tional requirements imposed by the amendment 

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

5 be regarded as failing to comply with the re6 quirements of such amendment on the basis of 

7 its failure to meet these additional requirements 

8 before the first day of the first calendar quarter 

9 beginning after the close of the first regular 

10 session of the State legislature that begins after 

11 the date of enactment of this Act. For purposes 

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

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

14 of the session is considered to be a separate 

15 regular session of the State legislature. 

16 TITLE III—VICTIMS’ 

17 EMPLOYMENT SUSTAINABILITY 

18 SEC. 301. SHORT TITLE. 

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

20 Sustainability Act’’. 

21 SEC. 302. PURPOSES. 

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

25 to providing for the general welfare and to regulation of 


pwalker on PROD1PC71 with BILLS
62 

•HR 739 IH

1 commerce among the several States, and under section 5 

2 of the 14th amendment to the Constitution— 

3 (1) to promote the national interest in reducing 

4 domestic violence, dating violence, sexual assault, 

5 and stalking by enabling victims of domestic vio6 lence, dating violence, sexual assault, or stalking to 

7 maintain the financial independence necessary to 

8 leave abusive situations, achieve safety, and mini9 mize the physical and emotional injuries from do10 mestic violence, dating violence, sexual assault, or 

11 stalking, and to reduce the devastating economic 

12 consequences of domestic violence, dating violence, 

13 sexual assault, or stalking to employers and employ14 ees; 

15 (2) to promote the national interest in ensuring 

16 that victims of domestic violence, dating violence, 

17 sexual assault, or stalking can recover from and cope 

18 with the effects of domestic violence, dating violence, 

19 sexual assault, or stalking, and participate in crimi20 nal and civil justice processes, without fear of ad21 verse economic consequences from their employers; 

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

23 dating violence, sexual assault, or stalking can re24 cover from and cope with the effects of domestic vio25 lence, dating violence, sexual assault, or stalking, 


pwalker on PROD1PC71 with BILLS
63 

•HR 739 IH

1 and participate in criminal and civil justice proc2 esses, without fear of adverse economic consequences 

3 with respect to public benefits; 

4 (4) to promote the purposes of the 14th amend5 ment to the Constitution by preventing sex-based 

6 discrimination and discrimination against victims of 

7 domestic violence, dating violence, sexual assault, or 

8 stalking in employment, by addressing the failure of 

9 existing laws to protect the employment rights of 

10 victims of domestic violence, dating violence, sexual 

11 assault, or stalking, by protecting the civil and eco12 nomic rights of victims of domestic violence, dating 

13 violence, sexual assault, or stalking, and by fur14 thering the equal opportunity of women for economic 

15 self-sufficiency and employment free from discrimi16 nation; 

17 (5) to minimize the negative impact on inter18 state commerce from dislocations of employees and 

19 harmful effects on productivity, employment, health 

20 care costs, and employer costs, caused by domestic 

21 violence, dating violence, sexual assault, or stalking, 

22 including intentional efforts to frustrate women’s 

23 ability to participate in employment and interstate 

24 commerce; and 


pwalker on PROD1PC71 with BILLS
64 

•HR 739 IH

1 (6) to accomplish the purposes described in 

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

3 from discriminating against actual or perceived vic4 tims of domestic violence, dating violence, sexual as5 sault, or stalking, in a manner that accommodates 

6 the legitimate interests of employers and protects 

7 the safety of all persons in the workplace. 

8 SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 

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

10 refuse to hire, discharge, or harass any individual, or oth11 erwise discriminate against any individual with respect to 

12 the compensation, terms, conditions, or privileges of em13 ployment of the individual (including retaliation in any 

14 form or manner), and a public agency shall not deny, re15 duce, or terminate the benefits of, otherwise sanction, or 

16 harass any individual, or otherwise discriminate against 

17 any individual with respect to the amount, terms, or condi18 tions of public assistance of the individual (including retal19 iation in any form or manner), because— 

20 (1) the individual involved is or the employer or 

21 public agency involved perceives that individual to be 

22 a victim of domestic violence, dating violence, sexual 

23 assault, or stalking; 

24 (2) that individual attended, participated in, 

25 prepared for, or requested leave to attend, particiVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
65 

•HR 739 IH

1 pate in, or prepare for, a criminal or civil court pro2 ceeding relating to an incident of domestic violence, 

3 dating violence, sexual assault, or stalking of which 

4 the individual, or the family or household member of 

5 the individual, was a victim; 

6 (3) that individual, in response to actual or 

7 threatened domestic violence, dating violence, sexual 

8 assault, or stalking, requested that the employer or 

9 public agency implement a reasonable safety proce10 dure or a job-related modification to enhance the se11 curity of that individual or safeguard the workplace 

12 involved; or 

13 (4) the workplace is disrupted or threatened by 

14 the action of a person whom that individual states 

15 has committed or threatened to commit domestic vi16 olence, dating violence, sexual assault, or stalking 

17 against that individual, or that individual’s family or 

18 household member. 

19 (b) DEFINITIONS.—In this section: 

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

21 used with respect to the terms, conditions, or privi22 leges of employment or with respect to the terms or 

23 conditions of public assistance, includes failing to 

24 implement, on request from an individual, in re25 sponse to actual or threatened domestic violence, 


pwalker on PROD1PC71 with BILLS
66 

•HR 739 IH

1 dating violence, sexual assault, or stalking, a reason2 able safety procedure or a job-related modification to 

3 enhance the security of that individual or safeguard 

4 the workplace (such as installation of a lock, change 

5 of a telephone number or seating assignment, provi6 sion of a transfer, provision of leave, modification of 

7 a schedule, or adjustment of a work requirement), 

8 unless the employer or public agency can dem9 onstrate that granting the request would impose an 

10 undue hardship on the operation of the employer or 

11 public agency. 

12 (2) UNDUE HARDSHIP.—The term ‘‘undue 

13 hardship’’ means an action requiring significant dif14 ficulty or expense. 

15 SEC. 304. ENFORCEMENT. 

16 (a) CIVIL ACTION BY INDIVIDUALS.— 

17 (1) LIABILITY.—Any employer that violates sec18 tion 303 shall be liable to any individual affected 

19 for— 

20 (A) damages equal to the amount of 

21 wages, salary, employment benefits, or other 

22 compensation denied or lost to such individual 

23 by reason of the violation, and the interest on 

24 that amount calculated at the prevailing rate; 


pwalker on PROD1PC71 with BILLS
67 

•HR 739 IH

1 (B) compensatory damages, including dam2 ages for future pecuniary losses, emotional 

3 pain, suffering, inconvenience, mental anguish, 

4 loss of enjoyment or life, and other nonpecu5 niary losses; 

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

7 the amount of actual damages sustained, as the 

8 court described in paragraph (2) shall deter9 mine to be appropriate; and 

10 (D) such equitable relief as may be appro11 priate, including employment, reinstatement, 

12 and promotion. 

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

14 the damages or equitable relief prescribed in para15 graph (1) may be maintained against any employer 

16 in any Federal or State court of competent jurisdic17 tion by any one or more individuals described in sec18 tion 303. 

19 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At20 torney General may bring a civil action in any Federal 

21 or State court of competent jurisdiction to recover the 

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

23 (c) LIBRARY OF CONGRESS.—Notwithstanding any 

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


pwalker on PROD1PC71 with BILLS
68 

•HR 739 IH

1 of Congress, the authority of the Secretary under this sec2 tion shall be exercised by the Librarian of Congress. 

3 (d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

4 (1) AGENCIES.—Notwithstanding any other 

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

6 agency that employs individuals as described in sub7 paragraph (A) or (B) of section 3(e)(2) of the Fair 

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

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

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

11 (2) AUTHORITY.—In the case described in sub12 paragraph (A), the powers, remedies, and procedures 

13 provided (in the case of a violation of section 

14 2302(b)(1)(A) of title 5, United States Code) in title 

15 5, United States Code, to an employing agency, the 

16 Office of Special Counsel, the Merit Systems Protec17 tion Board, or any person alleging a violation of 

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

19 remedies, and procedures this section provides in the 

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

21 that Office, that Board, or any person alleging a vio22 lation of section 303, respectively, against an em23 ployee who is such an individual. 

24 (e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST25 ANCE.—Consistent with regulations prescribed under secVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
69 

•HR 739 IH

1 tion 306(d), the President shall ensure that any public 

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

3 prohibited under section 303(a) against any individual 

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

5 assistance, shall provide to any individual who receives a 

6 less favorable amount, term, or condition of public assist7 ance as a result of the violation— 

8 (1)(A) the amount of any public assistance de9 nied or lost to such individual by reason of the viola10 tion; and 

11 (B) the interest on the amount described in 

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

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

14 SEC. 305. ATTORNEY’S FEES. 

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

16 1988(b)) is amended by inserting ‘‘the Victims’ Employ17 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

18 Rights Act of 1964,’’. 

19 SEC. 306. REGULATIONS. 

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

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

22 carry out this title. 

23 (b) LIBRARY OF CONGRESS.—The Librarian of Con24 gress shall prescribe the regulations described in sub25 section (a) with respect to employees of the Library of 


pwalker on PROD1PC71 with BILLS
70 

•HR 739 IH

1 Congress. The regulations prescribed under this sub2 section shall, to the extent appropriate, be consistent with 

3 the regulations prescribed by the Secretary under sub4 section (a). 

5 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of6 fice of Personnel Management, after consultation under 

7 the Office of Special Counsel and the Merit Systems Pro8 tection Board, shall prescribe the regulations described in 

9 subsection (a) with respect to individuals described in sub10 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

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

12 an individual employed by an entity of the legislative 

13 branch of the Federal Government). The regulations pre14 scribed under this subsection shall, to the extent appro15 priate, be consistent with the regulations prescribed by the 

16 Secretary under subsection (a). 

17 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST18 ANCE.—The President shall prescribe the regulations de19 scribed in subsection (a) with respect to applicants for and 

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

21 section 303(a) by taking an action prohibited under sec22 tion 303(a) against any individual with respect to the 

23 amount, terms, or conditions of public assistance. The reg24 ulations prescribed under this subsection shall, to the exVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
71 

•HR 739 IH

1 tent appropriate, be consistent with the regulations pre2 scribed by the Secretary under subsection (a). 

3 TITLE IV—VICTIMS OF ABUSE 

4 INSURANCE PROTECTION 

5 SEC. 401. SHORT TITLE. 

6 This title may be cited as the ‘‘Victims of Abuse In7 surance Protection Act’’. 

8 SEC. 402. DEFINITIONS. 

9 In this title: 

10 (1) ABUSE.—The term ‘‘abuse’’ means the oc11 currence of one or more of the following acts by a 

12 current or former household or family member, inti13 mate partner, or caretaker: 

14 (A) Attempting to cause or causing an15 other person bodily injury, physical harm, sub16 stantial emotional distress, or psychological 

17 trauma. 

18 (B) Attempting to engage in or engaging 

19 in rape, sexual assault, or involuntary sexual 

20 intercourse. 

21 (C) Engaging in a course of conduct or re22 peatedly committing acts toward another per23 son, including following the person without 

24 proper authority and under circumstances that 


pwalker on PROD1PC71 with BILLS
72 

•HR 739 IH

1 place the person in reasonable fear of bodily in2 jury or physical harm. 

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

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

7 to control the behavior of another person. 

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

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

16 health insurance, health benefits, or health services. 

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

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

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

22 the benefits provided by the policy, certificate, or 

23 health benefit plan. For group insurance, the term 

24 includes a person who is a beneficiary covered by a 

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


pwalker on PROD1PC71 with BILLS
73 

•HR 739 IH

1 life insurance, the term refers to the person whose 

2 life is covered under an insurance policy. 

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

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

6 engaged in the business of insurance, including 

7 agents, brokers, adjusters, and third-party adminis8 trators. The term includes employers who provide or 

9 make available employment benefits through an em10 ployee benefit plan, as defined in section 3(3) of the 

11 Employee Retirement Income Security Act of 1974 

12 (29 U.S.C. 102(3)). The term also includes health 

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

14 property and casualty insurers. 

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

17 or annuity issued, proposed for issuance, or intended 

18 for issuance by an insurer, including endorsements 

19 or riders to an insurance policy or contract. 

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

21 abuse’’ means— 

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

23 has been directed; 


pwalker on PROD1PC71 with BILLS
74 

•HR 739 IH

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

3 abuse; or 

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

5 or had reason to seek medical or psychological 

6 treatment for abuse, protection, court-ordered 

7 protection, or shelter from abuse. 

8 SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 

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

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

15 incurred or may incur abuse-related claims: 

16 (1) Denying, refusing to issue, renew, or re17 issue, or canceling or otherwise terminating an in18 surance policy or health benefit plan. 

19 (2) Restricting, excluding, or limiting insurance 

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

22 to life insurance beneficiaries. 

23 (3) Adding a premium differential to any insur24 ance policy or health benefit plan. 


pwalker on PROD1PC71 with BILLS
75 

•HR 739 IH

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

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

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

4 payment is a result of the abuse. 

5 (c) PROHIBITION ON TERMINATION.— 

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

7 may terminate health coverage for a subject of abuse 

8 because coverage was originally issued in the name 

9 of the abuser and the abuser has divorced, separated 

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

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

13 for an extension of coverage under part 6 of subtitle 

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

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

19 from requiring that the subject of abuse pay the full 

20 premium for the subject’s coverage under the health 

21 plan if the requirements are applied to all insured of 

22 the health carrier. 

23 (3) EXCEPTION.—An insurer may terminate 

24 group coverage to which this subsection applies after 

25 the continuation coverage period required by this 


pwalker on PROD1PC71 with BILLS
76 

•HR 739 IH

1 subsection has been in force for 18 months if it of2 fers conversion to an equivalent individual plan. 

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

5 shall be satisfied by any extension of coverage under 

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

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

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

12 part 6 or section 4980B. 

13 (d) USE OF INFORMATION.— 

14 (1) LIMITATION.— 

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

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

18 or health benefit plan may (without the consent 

19 of the subject)— 

20 (i) use, disclose, or transfer informa21 tion relating to abuse status, acts of abuse, 

22 abuse-related medical conditions, or the 

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

24 member, employer, associate, or person in 

25 a relationship with a subject of abuse for 


pwalker on PROD1PC71 with BILLS
77 

•HR 739 IH

1 any purpose unrelated to the direct provi2 sion of health care services unless such 

3 use, disclosure, or transfer is required by 

4 an order of an entity with authority to reg5 ulate insurance or an order of a court of 

6 competent jurisdiction; or 

7 (ii) disclose or transfer information 

8 relating to an applicant’s or insured’s mail9 ing address or telephone number or the 

10 mailing address and telephone number of a 

11 shelter for subjects of abuse, unless such 

12 disclosure or transfer— 

13 (I) is required in order to provide 

14 insurance coverage; and 

15 (II) does not have the potential 

16 to endanger the safety of a subject of 

17 abuse. 

18 (B) RULE OF CONSTRUCTION.—Nothing in 

19 this paragraph may be construed to limit or 

20 preclude a subject of abuse from obtaining the 

21 subject’s own insurance records from an in22 surer. 

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

24 subject of abuse, at the absolute discretion of the 

25 subject of abuse, may provide evidence of abuse to 


pwalker on PROD1PC71 with BILLS
78 

•HR 739 IH

1 an insurer for the limited purpose of facilitating 

2 treatment of an abuse-related condition or dem3 onstrating that a condition is abuse-related. Nothing 

4 in this paragraph shall be construed as authorizing 

5 an insurer or health carrier to disregard such pro6 vided evidence. 

7 SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 

8 ABUSE. 

9 Insurers shall develop and adhere to written policies 

10 specifying procedures to be followed by employees, con11 tractors, producers, agents, and brokers for the purpose 

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

13 and otherwise implementing this title when taking an ap14 plication, investigating a claim, or taking any other action 

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

16 SEC. 405. REASONS FOR ADVERSE ACTIONS. 

17 An insurer that takes an action that adversely affects 

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

19 who is the subject of abuse of the specific reasons for the 

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

21 to general underwriting practices or guidelines shall not 

22 constitute a specific reason. 

23 SEC. 406. LIFE INSURANCE. 

24 Nothing in this title shall be construed to prohibit 

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


pwalker on PROD1PC71 with BILLS
79 

•HR 739 IH

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

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

3 if— 

4 (1) the applicant or prospective owner of the 

5 policy lacks an insurable interest in the insured; or 

6 (2) the applicant or prospective owner of the 

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

8 records, to have committed an act of abuse against 

9 the proposed insured. 

10 SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 

11 Subrogation of claims resulting from abuse is prohib12 ited without the informed consent of the subject of abuse. 

13 SEC. 408. ENFORCEMENT. 

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

15 practice prohibited by this title shall be treated as an un16 fair and deceptive act or practice pursuant to section 5 

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

18 the Federal Trade Commission shall enforce this title in 

19 the same manner, by the same means, and with the same 

20 jurisdiction, powers, and duties as though all applicable 

21 terms and provisions of the Federal Trade Commission 

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

23 including issuing a cease and desist order granting any 

24 individual relief warranted under the circumstances, inVerDate Nov 24 2008 22:19 Jan 29, 2009 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H739.IH H739

pwalker on PROD1PC71 with BILLS
80 

•HR 739 IH

1 cluding temporary, preliminary, and permanent injunctive 

2 relief and compensatory damages. 

3 (b) PRIVATE CAUSE OF ACTION.— 

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

5 believes that the applicant or insured has been ad6 versely affected by an act or practice of an insurer 

7 in violation of this title may maintain an action 

8 against the insurer in a Federal or State court of 

9 original jurisdiction. 

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

11 preponderance of the evidence in an action described 

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

13 relief, including temporary, preliminary, and perma14 nent injunctive relief and compensatory and punitive 

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

16 fees for the aggrieved individual’s attorneys and ex17 pert witnesses. 

18 (3) STATUTORY DAMAGES.—With respect to 

19 compensatory damages in an action described in 

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

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

22 recover in lieu of actual damages, an award of statu23 tory damages in the amount of $5,000 for each vio24 lation. 


pwalker on PROD1PC71 with BILLS
81 

•HR 739 IH

1 SEC. 409. EFFECTIVE DATE. 

2 This title shall apply with respect to any action taken 

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

4 TITLE V—SEVERABILITY 

5 SEC. 501. SEVERABILITY. 

6 If any provision of this Act, any amendment made 

7 by this Act, or the application of such provision or amend8 ment to any person or circumstance is held to be unconsti9 tutional, the remainder of the provisions of this Act, the 

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

11 provisions or amendments to any person or circumstance 

12 shall not be affected. 

Æ 


pwalker on PROD1PC71 with BILLS