I 

112TH CONGRESS 

1ST SESSION H. R. 3271 

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 

OCTOBER 27, 2011 

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

Workforce, and in addition to the Committees on Financial Services, 

Ways and Means, and the Judiciary, 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 Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Findings. 

TITLE I—REAUTHORIZATION OF NATIONAL RESOURCE CENTER 

GRANTS 

Sec. 101. Grant program reauthorization. 

TITLE II—EMERGENCY LEAVE FOR ADDRESSING DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 

Sec. 201. Amendment to VAWA. 

Sec. 202. Conforming amendment. 

Sec. 203. Effective date. 

TITLE III—VICTIMS’ EMPLOYMENT SUSTAINABILITY 

Sec. 301. Amendment to VAWA. 

Sec. 302. Attorney’s fees. 

TITLE IV—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 

FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL ASSAULT, OR STALKING 

Sec. 401. Unemployment compensation and training provisions. 

TITLE V—VICTIMS OF ABUSE INSURANCE PROTECTION 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Discriminatory acts prohibited. 

Sec. 504. Insurance protocols for subjects of abuse. 

Sec. 505. Reasons for adverse actions. 

Sec. 506. Life insurance. 

Sec. 507. Subrogation without consent prohibited. 

Sec. 508. Enforcement. 

Sec. 509. Effective date. 

TITLE VI—SEVERABILITY 

Sec. 601. 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. 

5 Such violence has a devastating impact on women’s 

6 physical and emotional health, financial security, 

7 and ability to maintain their jobs, and thus impacts 

8 interstate commerce. 


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1 (2) Victims of domestic violence, dating vio2 lence, sexual assault, and stalking are particularly 

3 vulnerable to changes in employment, pay, and bene4 fits, and as a result of their desperate need for eco5 nomic stability, are in particular need of legal pro6 tection. 

7 (3) The Bureau of National Affairs has esti8 mated that domestic violence costs United States 

9 employers between $3,000,000,000 and 

10 $5,000,000,000 annually in lost time and produc11 tivity, while other reports have estimated the cost at 

12 between $5,800,000,000 and $13,000,000,000 annu13 ally. 

14 (4) United States medical costs for domestic vi15 olence have been estimated to be $31,000,000,000 

16 per year. The medical cost associated with each inci17 dent of domestic violence ranges from $387 to $948, 

18 including costs of health care and mental health 

19 services. 

20 (5) Domestic violence crimes account for ap21 proximately 15 percent of total crime costs in the 

22 United States each year. 

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

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

25 annually in medical expenses, lost earnings, social 


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

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

4 (B) Violent crime accounts for 

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

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

7 any criminal offense, and accounts for 

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

9 in subparagraph (A). 

10 (7) Violent crime results in wage losses equiva11 lent to 1 percent of all United States earnings, and 

12 causes 3 percent of the Nation’s medical spending 

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

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

16 women on the job. Husbands, boyfriends, and ex17 partners commit 15 percent of workplace homicides 

18 against women. 

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

20 Institutes of Health and Centers for Disease Control 

21 and Prevention, each year there are 5,300,000 non22 fatal violent victimizations committed by intimate 

23 partners against women. Female murder victims 

24 were substantially more likely than male murder vic25 tims to have been killed by an intimate partner. 


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About 1 1 ⁄3 of female murder victims, and about 4 per2 cent of male murder victims, were killed by an inti3 mate partner. 

4 (10) Forty-nine percent of senior executives re5 cently surveyed said domestic violence has a harmful 

6 effect on their company’s productivity, 47 percent 

7 said domestic violence negatively affects attendance, 

8 and 44 percent said domestic violence increases 

9 health care costs. 

10 (11) Seventy-eight percent of human resources 

11 professionals consider partner violence a workplace 

12 issue. However, more than 70 percent of United 

13 States workplaces have no formal program or policy 

14 that addresses workplace violence, let alone domestic 

15 violence. In fact, only 4 percent of employers pro16 vided training on domestic violence. 

17 (12) Ninety-four percent of corporate security 

18 and safety directors at companies nationwide rank 

19 domestic violence as a high security concern. 

20 (13) Women who have experienced domestic vi21 olence or dating violence are more likely than other 

22 women to be unemployed, to suffer from health 

23 problems that can affect employability and job per24 formance, to report lower personal income, and to 

25 rely on welfare. 


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1 (14) Studies indicate that one of the best pre2 dictors of whether a victim will be able to stay away 

3 from her abuser is her degree of economic independ4 ence. However, domestic violence, dating violence, 

5 sexual assault, and stalking often negatively impact 

6 a victim’s ability to maintain employment. 

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

Accounting Office, between 1⁄4 and 1 8 ⁄2 of domestic 

9 violence victims surveyed in 3 studies reported that 

10 they lost a job due, at least in part, to domestic vio11 lence. 

12 (16) Employees in the United States who have 

13 been victims of domestic violence, dating violence, 

14 sexual assault, or stalking too often suffer adverse 

15 consequences in the workplace as a result of their 

16 victimization. 

17 (17) Domestic violence also affects abusers’ 

18 ability to work. A recent study found that 48 per19 cent of abusers reported having difficulty concen20 trating at work and 42 percent reported being late 

21 to work. Seventy-eight percent reported using their 

22 own company’s resources in connection with the abu23 sive relationship. 

24 (18) Abusers frequently seek to exert financial 

25 control over their partners by actively interfering 


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1 with their ability to work, including preventing their 

2 partners from going to work, harassing their part3 ners at work, limiting the access of their partners to 

4 cash or transportation, and sabotaging the child care 

5 arrangements of their partners. 

6 (19) Studies indicate that between 35 and 56 

7 percent of employed battered women surveyed were 

8 harassed at work by their abusive partners. 

(20) More than 1 9 ⁄2 of women receiving welfare 

10 have been victims of domestic violence as adults and 

between 1⁄4 and 1 11 ⁄3 of women receiving welfare re12 ported being abused in the last year. 

13 (21) Victims of domestic violence also fre14 quently miss work due to injuries, court dates, and 

15 safety concerns requiring legal protections. Victims 

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

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

18 full-time jobs and 5,600,000 days of household pro19 ductivity. 

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

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

22 every 5 stalking victims are women. Stalkers harass 

23 and terrorize their victims by spying on the victims, 

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1 ing unwanted phone calls, sending or leaving un2 wanted letters or items, or vandalizing property. 

3 (23) More than 35 percent of stalking victims 

4 report losing time from work due to the stalking and 

5 7 percent never return to work. 

6 (24) The prevalence of sexual assault and other 

7 violence against women at work is also dramatic. 

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

9 women, were raped or sexually assaulted in the 

10 workplace each year from 1993 through 1999. Half 

11 of all female victims of violent workplace crimes 

12 know their attackers. Nearly one out of 10 violent 

13 workplace incidents are committed by partners or 

14 spouses. Women who work for State and local gov15 ernments suffer a higher incidence of workplace as16 saults, including rapes, than women who work in the 

17 private sector. 

18 (25) According to recent Government estimates, 

19 approximately 987,400 rapes occur annually in the 

20 United States, with 89 percent of the rapes per21 petrated against female victims. Since 2001, rapes 

22 have actually increased by 4 percent. 

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

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

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1 dermine the employee’s ability to maintain a job. Al2 most 50 percent of sexual assault survivors lose their 

3 jobs or are forced to quit in the aftermath of the as4 saults. An estimated 24 to 30 percent of abused 

5 working women lose their jobs due to their abuse. 

6 (27) Domestic and sexual violence victims have 

7 been subjected to discrimination by private and 

8 State employers, including discrimination motivated 

9 by sex and stereotypic notions about women. 

10 (28) Domestic violence victims and third parties 

11 who help them have been subjected to discriminatory 

12 practices by life, disability, and property and cas13 ualty insurers and employers who self-insure em14 ployee benefits, who have denied or canceled cov15 erage, rejected claims, and raised rates based on do16 mestic violence. Although some State legislatures 

17 have tried to address those practices, the scope of 

18 protection afforded by the laws adopted varies from 

19 State to State, with many failing to address the 

20 problem involved comprehensively. Moreover, Federal 

21 law prevents States from protecting the almost 40 

22 percent of employees whose employers self-insure 

23 employee benefits. 

24 (29) Only the States of Hawaii, Illinois, New 

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1 tion against all victims of domestic violence, sexual 

2 assault, or stalking. 

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

5 take time during business hours to— 

6 (A) obtain orders of protection; 

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

9 (C) look for housing in order to escape 

10 from domestic violence. 

11 (31) Only 11 States provide domestic violence 

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

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

14 domestic violence in their lives. 

15 (32) Only 36 States and the District of Colum16 bia have laws that explicitly provide unemployment 

17 insurance to domestic violence victims in certain cir18 cumstances, and none of the laws explicitly cover vic19 tims of sexual assault or stalking. 

20 (33) Existing Federal law does not explicitly— 

21 (A) authorize victims of domestic violence, 

22 dating violence, sexual assault, or stalking to 

23 take leave from work to seek legal assistance 

24 and redress, counseling, or assistance with safe25 ty planning activities; 


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1 (B) address the eligibility of victims of do2 mestic violence, dating violence, sexual assault, 

3 or stalking for unemployment compensation; 

4 (C) provide job protection to actual or per5 ceived victims of domestic violence, dating vio6 lence, sexual assault, or stalking; or 

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

8 self-insure employee benefits from discrimi9 nating against domestic violence victims and 

10 those who help them in determining eligibility, 

11 rates charged, and standards for payment of 

12 claims; or 

13 (ii) prohibit insurers from disclosing infor14 mation about abuse and the location of the vic15 tims through insurance databases and other 

16 means. 

17 TITLE I—REAUTHORIZATION OF 

18 NATIONAL RESOURCE CEN19 TER GRANTS 

20 SEC. 101. GRANT PROGRAM REAUTHORIZATION. 

21 (a) INFORMATION AND ASSISTANCE TO VICTIMS’ 

22 SERVICE PROVIDERS AND COMMUNITY ORGANIZA23 TIONS.—Section 41501(a) of the Violence Against Women 

24 Act (42 U.S.C. 14043f(a)) is amended by striking the pe25 riod at the end and inserting ‘‘, and to victim service orgaVerDate Mar 15 2010 22:22 Oct 27, 2011 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3271.IH H3271

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1 nizations (as defined in section 41701), including commu2 nity based organizations, and tribal, State and territorial 

3 domestic violence or sexual assault coalitions to enable 

4 them to provide resource materials or other assistance to 

5 employers, labor organizations, or employees.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 41501(e) of such Act is amended by striking ‘‘2007 

8 through 2011’’ and inserting ‘‘2012 through 2016’’. 

9 (c) ADMINISTRATIVE PROVISIONS.—Section 41501 of 

10 such Act is further amended by adding at the end the fol11 lowing: 

12 ‘‘(g) ADMINISTRATIVE COSTS.— 

13 ‘‘(1) IN GENERAL.—From the amount appro14 priated under subsection (e) for each fiscal year, the 

15 Attorney General shall not use more than 2.5 per16 cent for the administration and monitoring of grants 

17 made available under this section. 

18 ‘‘(2) EVALUATIONS.—From the amount appro19 priated under subsection (e) for each fiscal year, the 

20 Director shall not use more than 5 percent to award 

21 contracts or cooperative agreements to entities with 

22 demonstrated expertise in program evaluation, to 

23 evaluate programs under this section.’’. 


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1 TITLE II—EMERGENCY LEAVE 

2 FOR ADDRESSING DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, OR 

5 STALKING 

6 SEC. 201. AMENDMENT TO VAWA. 

7 The Violence Against Women Act is amended by add8 ing at the end the following new subtitle: 

9 ‘‘Subtitle Q—Entitlement to Emer10 gency Leave for Addressing Do11 mestic Violence, Dating Vio12 lence, Sexual Assault, or Stalk13 ing 

14 ‘‘SEC. 41701. DEFINITIONS. 

15 ‘‘As used in this subtitle, the following definitions 

16 apply: 

17 ‘‘(1) EMPLOY; STATE.—The terms ‘employ’ and 

18 ‘State’ have the meanings given the terms in section 

19 3 of the Fair Labor Standards Act of 1938 (29 

20 U.S.C. 203). 

21 ‘‘(2) EMPLOYEE.— 

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

23 means any person employed by an employer. In 

24 the case of an individual employed by a public 

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1 ployed as described in section 3(e)(2) of the 

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

3 203(e)(2)). 

4 ‘‘(B) BASIS.—The term includes a person 

5 employed as described in subparagraph (A) on 

6 a full- or part-time basis, for a fixed time pe7 riod, on a temporary basis, pursuant to a detail, 

8 or as a participant in a work assignment as a 

9 condition of receipt of Federal or State income10 based public assistance. 

11 ‘‘(3) EMPLOYER.—The term ‘employer’— 

12 ‘‘(A) means any person engaged in com13 merce or in any industry or activity affecting 

14 commerce who employs fifteen or more individ15 uals; and 

16 ‘‘(B) includes any person acting directly or 

17 indirectly in the interest of an employer in rela18 tion to an employee, and includes a public agen19 cy that employs individuals as described in sec20 tion 3(e)(2) of the Fair Labor Standards Act of 

21 1938, but does not include any labor organiza22 tion (other than when acting as an employer) or 

23 anyone acting in the capacity of officer or agent 

24 of such labor organization. 


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1 ‘‘(4) 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 ‘‘(5) 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 ‘‘(6) 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 ‘‘(7) 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). 


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1 ‘‘(8) 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 ‘‘(9) 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 ‘‘(10) REDUCED LEAVE SCHEDULE.—The term 

10 ‘reduced leave schedule’ means a leave schedule that 

11 reduces the usual number of hours per workweek, or 

12 hours per workday, of an employee. 

13 ‘‘(11) SECRETARY.—The term ‘Secretary’ 

14 means the Secretary of Labor. 

15 ‘‘(12) VICTIM OF DOMESTIC VIOLENCE, DATING

16 VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 

17 term ‘victim of domestic violence, dating violence, 

18 sexual assault, or stalking’ includes a person who 

19 has been a victim of domestic violence, dating vio20 lence, sexual assault, or stalking and a person whose 

21 family or household member has been a victim of do22 mestic violence, dating violence, sexual assault, or 

23 stalking. 

24 ‘‘(13) VICTIM SERVICES ORGANIZATION.—The 

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1 profit, nongovernmental organization that provides 

2 assistance to victims of domestic violence, dating vio3 lence, sexual assault, or stalking, or to advocates for 

4 such victims, including a rape crisis center, an orga5 nization carrying out a domestic violence program, 

6 an organization operating a shelter or providing 

7 counseling services, or an organization providing as8 sistance through the legal process. 

9 ‘‘SEC. 41702. ENTITLEMENT TO EMERGENCY LEAVE FOR AD10 DRESSING DOMESTIC VIOLENCE, DATING VI11 OLENCE, SEXUAL ASSAULT, OR STALKING. 

12 ‘‘(a) ENTITLEMENT TO LEAVE.— 

13 ‘‘(1) BASIS.—An employee who is a victim of 

14 domestic violence, dating violence, sexual assault, or 

15 stalking may take leave from work to address do16 mestic violence, dating violence, sexual assault, or 

17 stalking, by— 

18 ‘‘(A) seeking medical attention for, or re19 covering from, physical or psychological injuries 

20 caused by domestic violence, dating violence, 

21 sexual assault, or stalking to the employee or 

22 the employee’s family or household member; 

23 ‘‘(B) obtaining services from a victim serv24 ices organization for the employee or the em25 ployee’s family or household member; 


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1 ‘‘(C) obtaining psychological or other coun2 seling for the employee or the employee’s family 

3 or household member; 

4 ‘‘(D) participating in safety planning, tem5 porarily or permanently relocating, or taking 

6 other actions to increase the safety of the em7 ployee or the employee’s family or household 

8 member from future domestic violence, dating 

9 violence, sexual assault, or stalking or ensure 

10 economic security; or 

11 ‘‘(E) seeking legal assistance or remedies 

12 to ensure the health and safety of the employee 

13 or the employee’s family or household member, 

14 including preparing for or participating in any 

15 civil or criminal legal proceeding related to or 

16 derived from domestic violence, dating violence, 

17 sexual assault, or stalking. 

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

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

20 in any 12-month period. 

21 ‘‘(3) SCHEDULE.—Leave described in para22 graph (1) may be taken intermittently or on a re23 duced leave schedule. 

24 ‘‘(b) NOTICE.—The employee shall provide the em25 ployer with reasonable notice of the employee’s intention 


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1 to take the leave, unless providing such notice is not prac2 ticable. 

3 ‘‘(c) CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—The employer may require 

5 the employee to provide certification to the employer, 

6 within a reasonable period after the employer re7 quests the certification, that— 

8 ‘‘(A) the employee or the employee’s family 

9 or household member is a victim of domestic vi10 olence, dating violence, sexual assault, or stalk11 ing; and 

12 ‘‘(B) the leave is for one of the purposes 

13 enumerated in subsection (a)(1). 

14 ‘‘(2) CONTENTS.—An employee may satisfy the 

15 certification requirement of paragraph (1) by pro16 viding to the employer— 

17 ‘‘(A) a sworn statement of the employee; 

18 ‘‘(B) documentation from an employee, 

19 agent, or volunteer of a victim services organi20 zation, an attorney, a member of the clergy, or 

21 a medical or other professional, from whom the 

22 employee or the employee’s family or household 

23 member has sought assistance in addressing do24 mestic violence, dating violence, sexual assault, 


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1 or stalking and the effects of domestic violence, 

2 dating violence, sexual assault, or stalking; 

3 ‘‘(C) a police or court record; or 

4 ‘‘(D) other corroborating evidence. 

5 ‘‘(d) CONFIDENTIALITY.—All information provided to 

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

7 a statement of the employee or any other documentation, 

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

9 employee has requested or obtained leave pursuant to this 

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

11 employer, except to the extent that disclosure is— 

12 ‘‘(1) requested or consented to by the employee 

13 in writing; or 

14 ‘‘(2) otherwise required by applicable Federal or 

15 State law. 

16 ‘‘(e) EMPLOYMENT AND BENEFITS.— 

17 ‘‘(1) RESTORATION TO POSITION.— 

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

19 paragraph (2), any employee who takes leave 

20 under this section for the intended purpose of 

21 the leave shall be entitled, on return from such 

22 leave— 

23 ‘‘(i) to be restored by the employer to 

24 the position of employment held by the em25 ployee when the leave commenced; or 


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1 ‘‘(ii) to be restored to an equivalent 

2 position with equivalent employment bene3 fits, pay, and other terms and conditions of 

4 employment. 

5 ‘‘(B) LOSS OF BENEFITS.—The taking of 

6 leave under this section shall not result in the 

7 loss of any employment benefit accrued prior to 

8 the date on which the leave commenced. 

9 ‘‘(C) LIMITATIONS.—Nothing in this sub10 section shall be construed to entitle any re11 stored employee to— 

12 ‘‘(i) the accrual of any seniority or 

13 employment benefits during any period of 

14 leave; or 

15 ‘‘(ii) any right, benefit, or position of 

16 employment other than any right, benefit, 

17 or position to which the employee would 

18 have been entitled had the employee not 

19 taken the leave. 

20 ‘‘(D) CONSTRUCTION.—Nothing in this 

21 paragraph shall be construed to prohibit an em22 ployer from requiring an employee on leave 

23 under this section to report periodically to the 

24 employer on the status and intention of the em25 ployee to return to work. 


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1 ‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH2 LY COMPENSATED EMPLOYEES.— 

3 ‘‘(A) DENIAL OF RESTORATION.—An em4 ployer may deny restoration under paragraph 

5 (1) to any employee described in subparagraph 

6 (B) if— 

7 ‘‘(i) such denial is necessary to pre8 vent substantial and grievous economic in9 jury to the operations of the employer; 

10 ‘‘(ii) the employer notifies the em11 ployee of the intent of the employer to 

12 deny restoration on such basis at the time 

13 the employer determines that such injury 

14 would occur; and 

15 ‘‘(iii) in any case in which the leave 

16 has commenced, the employee elects not to 

17 return to employment after receiving such 

18 notice. 

19 ‘‘(B) AFFECTED EMPLOYEES.—An em20 ployee referred to in subparagraph (A) is a sal21 aried employee who is among the highest paid 

22 10 percent of the employees employed by the 

23 employer within 75 miles of the facility at 

24 which the employee is employed. 

25 ‘‘(3) MAINTENANCE OF HEALTH BENEFITS.— 


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1 ‘‘(A) COVERAGE.—Except as provided in 

2 subparagraph (B), during any period that an 

3 employee takes leave under this section, the em4 ployer shall maintain coverage under any group 

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

6 the Internal Revenue Code of 1986) for the du7 ration of such leave at the level and under the 

8 conditions coverage would have been provided if 

9 the employee had continued in employment con10 tinuously for the duration of such leave. 

11 ‘‘(B) FAILURE TO RETURN FROM

12 LEAVE.—The employer may recover the pre13 mium that the employer paid for maintaining 

14 coverage for the employee under such group 

15 health plan during any period of leave under 

16 this section if— 

17 ‘‘(i) the employee fails to return from 

18 leave under this section after the period of 

19 leave to which the employee is entitled has 

20 expired; and 

21 ‘‘(ii) the employee fails to return to 

22 work for a reason other than— 

23 ‘‘(I) the continuation of, recur24 rence of, or onset of an episode of do25 mestic violence, dating violence, sexual 


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1 assault, or stalking, that entitles the 

2 employee to leave pursuant to this 

3 section; or 

4 ‘‘(II) other circumstances beyond 

5 the control of the employee. 

6 ‘‘(C) CERTIFICATION.— 

7 ‘‘(i) ISSUANCE.—An employer may re8 quire an employee who claims that the em9 ployee is unable to return to work because 

10 of a reason described in subclause (I) or 

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

12 within a reasonable period after making 

13 the claim, certification to the employer 

14 that the employee is unable to return to 

15 work because of that reason. 

16 ‘‘(ii) CONTENTS.—An employee may 

17 satisfy the certification requirement of 

18 clause (i) by providing to the employer— 

19 ‘‘(I) a sworn statement of the 

20 employee; 

21 ‘‘(II) documentation from an em22 ployee, agent, or volunteer of a victim 

23 services organization, an attorney, a 

24 member of the clergy, or a medical or 

25 other professional, from whom the 


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1 employee or the employee’s family or 

2 household member has sought assist3 ance in addressing domestic violence, 

4 dating violence, sexual assault, or 

5 stalking and the effects of domestic 

6 violence, dating violence, sexual as7 sault, or stalking; 

8 ‘‘(III) a police or court record; or 

9 ‘‘(IV) other corroborating evi10 dence. 

11 ‘‘(D) CONFIDENTIALITY.—All information 

12 provided to the employer pursuant to subpara13 graph (C), including a statement of the em14 ployee or any other documentation, record, or 

15 corroborating evidence, and the fact that the 

16 employee is not returning to work because of a 

17 reason described in subclause (I) or (II) of sub18 paragraph (B)(ii), shall be retained in the 

19 strictest confidence by the employer, except to 

20 the extent that disclosure is— 

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

22 employee; or 

23 ‘‘(ii) otherwise required by applicable 

24 Federal or State law. 

25 ‘‘(f) PROHIBITED ACTS.— 


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1 ‘‘(1) INTERFERENCE WITH RIGHTS.— 

2 ‘‘(A) EXERCISE OF RIGHTS.—It shall be 

3 unlawful for any employer to interfere with, re4 strain, or deny the exercise of or the attempt to 

5 exercise, any right provided under this section. 

6 ‘‘(B) EMPLOYER DISCRIMINATION.—It 

7 shall be unlawful for any employer to discharge 

8 or harass any individual, or otherwise discrimi9 nate against any individual with respect to com10 pensation, terms, conditions, or privileges of 

11 employment of the individual (including retalia12 tion in any form or manner) because the indi13 vidual— 

14 ‘‘(i) exercised any right provided 

15 under this section; or 

16 ‘‘(ii) opposed any practice made un17 lawful by this section. 

18 ‘‘(C) PUBLIC AGENCY SANCTIONS.—It 

19 shall be unlawful for any public agency to deny, 

20 reduce, or terminate the benefits of, otherwise 

21 sanction, or harass any individual, or otherwise 

22 discriminate against any individual (including 

23 retaliation in any form or manner) with respect 

24 to the amount, terms, or conditions of public 


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1 assistance of the individual because the indi2 vidual— 

3 ‘‘(i) exercised any right provided 

4 under this section; or 

5 ‘‘(ii) opposed any practice made un6 lawful by this section. 

7 ‘‘(2) INTERFERENCE WITH PROCEEDINGS OR

8 INQUIRIES.—It shall be unlawful for any person to 

9 discharge or in any other manner discriminate (as 

10 described in subparagraph (B) or (C) of paragraph 

11 (1)) against any individual because such indi12 vidual— 

13 ‘‘(A) has filed any charge, or has instituted 

14 or caused to be instituted any proceeding, 

15 under or related to this section; 

16 ‘‘(B) has given, or is about to give, any in17 formation in connection with any inquiry or 

18 proceeding relating to any right provided under 

19 this section; or 

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

21 any inquiry or proceeding relating to any right 

22 provided under this section. 

23 ‘‘(g) ENFORCEMENT.— 

24 ‘‘(1) CIVIL ACTION BY AFFECTED INDIVID25 UALS.— 


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1 ‘‘(A) LIABILITY.—Any employer that vio2 lates subsection (f) shall be liable to any indi3 vidual affected— 

4 ‘‘(i) for damages equal to— 

5 ‘‘(I) the amount of— 

6 ‘‘(aa) any wages, salary, em7 ployment benefits, or other com8 pensation denied or lost to such 

9 individual by reason of the viola10 tion; or 

11 ‘‘(bb) in a case in which 

12 wages, salary, employment bene13 fits, or other compensation has 

14 not been denied or lost to the in15 dividual, any actual monetary 

16 losses sustained by the individual 

17 as a direct result of the violation; 

18 ‘‘(II) the interest on the amount 

19 described in subclause (I) calculated 

20 at the prevailing rate; and 

21 ‘‘(III) an additional amount as 

22 liquidated damages equal to the sum 

23 of the amount described in subclause 

24 (I) and the interest described in sub25 clause (II), except that if an employer 


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1 that has violated subsection (f) proves 

2 to the satisfaction of the court that 

3 the act or omission that violated sub4 section (f) was in good faith and that 

5 the employer had reasonable grounds 

6 for believing that the act or omission 

7 was not a violation of subsection (f), 

8 such court may, in the discretion of 

9 the court, reduce the amount of the li10 ability to the amount and interest de11 termined under subclauses (I) and 

12 (II), respectively; and 

13 ‘‘(ii) for such equitable relief as may 

14 be appropriate, including employment, re15 instatement, and promotion. 

16 ‘‘(B) RIGHT OF ACTION.—An action to re17 cover the damages or equitable relief prescribed 

18 in subparagraph (A) may be maintained against 

19 any employer in any Federal or State court of 

20 competent jurisdiction by any one or more af21 fected individuals for and on behalf of— 

22 ‘‘(i) the individuals; or 

23 ‘‘(ii) the individuals and other individ24 uals similarly situated. 


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

2 an action shall, in addition to any judgment 

3 awarded to the plaintiff, allow a reasonable at4 torney’s fee, reasonable expert witness fees, and 

5 other costs of the action to be paid by the de6 fendant. 

7 ‘‘(D) LIMITATIONS.—The right provided 

8 by subparagraph (B) to bring an action by or 

9 on behalf of any affected individual shall termi10 nate— 

11 ‘‘(i) on the filing of a complaint by 

12 the Secretary in an action under para13 graph (4) in which restraint is sought of 

14 any further delay in the payment of the 

15 amount described in subparagraph (A)(i) 

16 to such individual by an employer respon17 sible under subparagraph (A) for the pay18 ment; or 

19 ‘‘(ii) on the filing of a complaint by 

20 the Secretary in an action under para21 graph (2) in which a recovery is sought of 

22 the damages described in subparagraph 

23 (A)(i) owing to an affected individual by 

24 an employer liable under subparagraph 

25 (A), 


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

2 is dismissed without prejudice on motion of the 

3 Secretary. 

4 ‘‘(2) ACTION BY THE SECRETARY.— 

5 ‘‘(A) ADMINISTRATIVE ACTION.—The Sec6 retary shall receive, investigate, and attempt to 

7 resolve complaints of violations of subsection (f) 

8 in the same manner as the Secretary receives, 

9 investigates, and attempts to resolve complaints 

10 of violations of sections 6 and 7 of the Fair 

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

12 and 207). 

13 ‘‘(B) CIVIL ACTION.—The Secretary may 

14 bring an action in any court of competent juris15 diction to recover the damages described in 

16 paragraph (1)(A)(i). 

17 ‘‘(C) SUMS RECOVERED.—Any sums recov18 ered by the Secretary pursuant to subparagraph 

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

20 and shall be paid, on order of the Secretary, di21 rectly to each individual affected. Any such 

22 sums not paid to such an individual because of 

23 inability to do so within a period of 3 years 

24 shall be deposited into the Treasury of the 

25 United States as miscellaneous receipts. 


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1 ‘‘(3) LIMITATION.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), an action may be brought 

4 under this subsection not later than 2 years 

5 after the date of the last event constituting the 

6 alleged violation for which the action is brought. 

7 ‘‘(B) WILLFUL VIOLATION.—In the case of 

8 such action brought for a willful violation of 

9 subsection (f), such action may be brought 

10 within 3 years after the date of the last event 

11 constituting the alleged violation for which such 

12 action is brought. 

13 ‘‘(C) COMMENCEMENT.—In determining 

14 when an action is commenced by the Secretary 

15 under this subsection for the purposes of this 

16 paragraph, it shall be considered to be com17 menced on the date when the complaint is filed. 

18 ‘‘(4) ACTION FOR INJUNCTION BY SEC19 RETARY.—The district courts of the United States 

20 shall have jurisdiction, for cause shown, in an action 

21 brought by the Secretary— 

22 ‘‘(A) to restrain violations of subsection 

23 (f), including the restraint of any withholding of 

24 payment of wages, salary, employment benefits, 


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1 or other compensation, plus interest, found by 

2 the court to be due to affected individuals; or 

3 ‘‘(B) to award such other equitable relief 

4 as may be appropriate, including employment, 

5 reinstatement, and promotion. 

6 ‘‘(5) SOLICITOR OF LABOR.—The Solicitor of 

7 Labor may appear for and represent the Secretary 

8 on any litigation brought under this subsection. 

9 ‘‘(6) EMPLOYER LIABILITY UNDER OTHER

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

11 limit the liability of an employer or public agency to 

12 an individual, for harm suffered relating to the indi13 vidual’s experience of domestic violence, dating vio14 lence, sexual assault, or stalking, pursuant to any 

15 other Federal or State law, including a law providing 

16 for a legal remedy. 

17 ‘‘(7) LIBRARY OF CONGRESS.—Notwithstanding 

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

19 the Library of Congress, the authority of the Sec20 retary under this subsection shall be exercised by the 

21 Librarian of Congress. 

22 ‘‘(8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

23 ‘‘(A) AGENCIES.—Notwithstanding any 

24 other provision of this subsection, in the case of 

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1 scribed in subparagraph (A) or (B) of section 

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

3 1938 (29 U.S.C. 203(e)(2)) (other than an en4 tity of the legislative branch of the Federal 

5 Government), subparagraph (B) shall apply. 

6 ‘‘(B) AUTHORITY.—In the case described 

7 in subparagraph (A), the powers, remedies, and 

8 procedures provided in the case of a violation of 

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

10 that title to an employing agency, in chapter 12 

11 of that title to the Merit Systems Protection 

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

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

14 powers, remedies, and procedures this sub15 section provides in the case of a violation of 

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

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

18 respectively, against an employee who is such 

19 an individual. 

20 ‘‘(9) PUBLIC AGENCIES PROVIDING PUBLIC AS21 SISTANCE.—Consistent with regulations prescribed 

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

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

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

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


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1 who receives a less favorable amount, term, or condi2 tion of public assistance as a result of the viola3 tion— 

4 ‘‘(A)(i) the amount of any public assist5 ance denied or lost to such individual by reason 

6 of the violation; and 

7 ‘‘(ii) the interest on the amount described 

8 in clause (i); and 

9 ‘‘(B) such equitable relief as may be appro10 priate. 

11 ‘‘SEC. 41703. EXISTING LEAVE USABLE FOR ADDRESSING 

12 DOMESTIC VIOLENCE, DATING VIOLENCE, 

13 SEXUAL ASSAULT, OR STALKING. 

14 ‘‘An employee who is entitled to take paid or unpaid 

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

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

17 law, a collective bargaining agreement, or an employment 

18 benefits program or plan, may elect to substitute any pe19 riod of such leave for an equivalent period of leave pro20 vided under section 41702. 

21 ‘‘SEC. 41704. EMERGENCY BENEFITS. 

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

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

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1 term emergency benefits to an individual for any period 

2 of leave the individual takes pursuant to section 41702. 

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

4 individual for such emergency benefits, the State shall 

5 count only the cash available or accessible to the indi6 vidual. 

7 ‘‘(c) TIMING.— 

8 ‘‘(1) APPLICATIONS.—An individual seeking 

9 emergency benefits under subsection (a) from a 

10 State shall submit an application to the State. 

11 ‘‘(2) BENEFITS.—The State shall provide bene12 fits to an eligible applicant under paragraph (1) on 

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

14 the applicant submits an application under para15 graph (1). 

16 ‘‘SEC. 41705. EFFECT ON OTHER LAWS AND EMPLOYMENT 

17 BENEFITS. 

18 ‘‘(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO19 GRAMS, AND PLANS.—Nothing in this title shall be con20 strued to supersede any provision of any Federal, State, 

21 or local law, collective bargaining agreement, or employ22 ment benefits program or plan that provides— 

23 ‘‘(1) greater leave benefits for victims of domes24 tic violence, dating violence, sexual assault, or stalk25 ing than the rights established under this title; or 


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1 ‘‘(2) leave benefits for a larger population of 

2 victims of domestic violence, dating violence, sexual 

3 assault, or stalking (as defined in such law, agree4 ment, program, or plan) than the victims of domes5 tic violence, dating violence, sexual assault, or stalk6 ing covered under this title. 

7 ‘‘(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO8 GRAMS, AND PLANS.—The rights established for victims 

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

10 stalking under this title shall not be diminished by any 

11 State or local law, collective bargaining agreement, or em12 ployment benefits program or plan. 

13 ‘‘SEC. 41706. REGULATIONS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) AUTHORITY TO ISSUE REGULATIONS.—Ex16 cept as provided in subsections (b), (c), and (d), the 

17 Secretary shall issue regulations to carry out this 

18 title. 

19 ‘‘(2) REGULATIONS REGARDING NOTICES.—The 

20 regulations described in paragraph (1) shall include 

21 regulations requiring every employer to post and 

22 keep posted, in conspicuous places on the premises 

23 of the employer where notices to employees are cus24 tomarily placed, a notice, to be prepared or approved 

25 by the Secretary, summarizing the provisions of this 


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1 title and providing information on procedures for fil2 ing complaints. The Secretary shall develop such a 

3 notice and provide copies to employers upon request 

4 without charge. 

5 ‘‘(b) LIBRARY OF CONGRESS.—The Librarian of 

6 Congress shall prescribe the regulations described in sub7 section (a) with respect to employees of the Library of 

8 Congress. The regulations prescribed under this sub9 section shall, to the extent appropriate, be consistent with 

10 the regulations prescribed by the Secretary under sub11 section (a). 

12 ‘‘(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The 

13 Office of Personnel Management shall prescribe the regu14 lations described in subsection (a) with respect to individ15 uals described in subparagraph (A) or (B) of section 

16 3(e)(2) of the Fair Labor Standards Act of 1938 (29 

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

18 an entity of the legislative branch of the Federal Govern19 ment). The regulations prescribed under this subsection 

20 shall, to the extent appropriate, be consistent with the reg21 ulations prescribed by the Secretary under subsection (a). 

22 ‘‘(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST23 ANCE.—The President shall prescribe the regulations de24 scribed in subsection (a) with respect to applicants for and 

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


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1 section 41702(f)(1)(C), or section 41702(f)(2) due to dis2 crimination described in section 41702(f)(1)(C). The regu3 lations prescribed under this subsection shall, to the extent 

4 appropriate, be consistent with the regulations prescribed 

5 by the Secretary under subsection (a).’’. 

6 SEC. 202. CONFORMING AMENDMENTS. 

7 (a) SOCIAL SECURITY ACT.—Section 404 of the So8 cial Security Act (42 U.S.C. 604) is amended by adding 

9 at the end the following: 

10 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE11 FITS.—A State that receives a grant under section 403 

12 may use the grant to provide nonrecurrent short-term 

13 emergency benefits, in accordance with section 41704 of 

14 the Violence Against Women Act, to individuals who take 

15 leave pursuant to section 41702 of that Act, without re16 gard to whether the individuals receive assistance under 

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

18 (b) REHABILITATION ACT.—Section 1003(a)(1) of 

19 the Rehabilitation Act Amendments of 1986 (42 U.S.C. 

20 2000d–7(a)(1)) is amended by inserting ‘‘section 41702 

21 of the Violence Against Women Act,’’ after ‘‘Civil Rights 

22 Act of 1964,’’. 

23 SEC. 203. EFFECTIVE DATE. 

24 The amendments made by this title take effect 180 

25 days after the date of enactment of this Act. 


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1 TITLE III—VICTIMS’ 

2 EMPLOYMENT SUSTAINABILITY 

3 SEC. 301. AMENDMENT TO VAWA. 

4 The Violence Against Women Act, as amended by 

5 section 101, is further amended by adding at the end the 

6 following: 

7 ‘‘Subtitle R—Victims’ Employment 

8 Sustainability 

9 ‘‘SEC. 41801. SHORT TITLE. 

10 ‘‘This subtitle may be cited as the ‘Victims’ Employ11 ment Sustainability Act’. 

12 ‘‘SEC. 41802. PROHIBITED DISCRIMINATORY ACTS. 

13 ‘‘(a) IN GENERAL.—An employer shall not fail to 

14 hire, refuse to hire, discharge, or harass any individual, 

15 or otherwise discriminate against any individual with re16 spect to the compensation, terms, conditions, or privileges 

17 of employment of the individual (including retaliation in 

18 any form or manner), and a public agency shall not deny, 

19 reduce, or terminate the benefits of, otherwise sanction, 

20 or harass any individual, or otherwise discriminate against 

21 any individual with respect to the amount, terms, or condi22 tions of public assistance of the individual (including retal23 iation in any form or manner), because— 

24 ‘‘(1) the individual involved is or the employer 

25 or public agency involved perceives that individual to 


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1 be a victim of domestic violence, dating violence, sex2 ual assault, or stalking; 

3 ‘‘(2) that individual attended, participated in, 

4 prepared for, or requested leave to attend, partici5 pate in, or prepare for, a criminal or civil court pro6 ceeding relating to an incident of domestic violence, 

7 dating violence, sexual assault, or stalking of which 

8 the individual, or the family or household member of 

9 the individual, was a victim; 

10 ‘‘(3) that individual, in response to actual or 

11 threatened domestic violence, dating violence, sexual 

12 assault, or stalking, requested that the employer or 

13 public agency implement a reasonable safety proce14 dure or a job-related modification to enhance the se15 curity of that individual or safeguard the workplace 

16 involved; or 

17 ‘‘(4) the workplace is disrupted or threatened 

18 by the action of a person whom that individual 

19 states has committed or threatened to commit do20 mestic violence, dating violence, sexual assault, or 

21 stalking against that individual, or that individual’s 

22 family or household member. 

23 ‘‘(b) DEFINITIONS.—In this section: 

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

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1 leges of employment or with respect to the terms or 

2 conditions of public assistance, includes failing to 

3 implement, on request from an individual, in re4 sponse to actual or threatened domestic violence, 

5 dating violence, sexual assault, or stalking, a reason6 able safety procedure or a job-related modification to 

7 enhance the security of that individual or safeguard 

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

9 of a telephone number or seating assignment, provi10 sion of a transfer, provision of leave, modification of 

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

12 unless the employer or public agency can dem13 onstrate that granting the request would impose an 

14 undue hardship on the operation of the employer or 

15 public agency. 

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

17 hardship’ means an action requiring significant dif18 ficulty or expense. 

19 ‘‘SEC. 41803. ENFORCEMENT. 

20 ‘‘(a) CIVIL ACTION BY INDIVIDUALS.— 

21 ‘‘(1) LIABILITY.—Any employer that violates 

22 section 41802 shall be liable to any individual af23 fected for— 

24 ‘‘(A) damages equal to the amount of 

25 wages, salary, employment benefits, or other 


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1 compensation denied or lost to such individual 

2 by reason of the violation, and the interest on 

3 that amount calculated at the prevailing rate; 

4 ‘‘(B) compensatory damages, including 

5 damages for future pecuniary losses, emotional 

6 pain, suffering, inconvenience, mental anguish, 

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

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

10 the amount of actual damages sustained, as the 

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

13 ‘‘(D) such equitable relief as may be ap14 propriate, including employment, reinstatement, 

15 and promotion. 

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

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

19 in any Federal or State court of competent jurisdic20 tion by any one or more individuals described in sec21 tion 41802. 

22 ‘‘(b) ACTION BY DEPARTMENT OF JUSTICE.—The 

23 Attorney General may bring a civil action in any Federal 

24 or State court of competent jurisdiction to recover the 

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


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1 ‘‘(c) LIBRARY OF CONGRESS.—Notwithstanding any 

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

3 of Congress, the authority of the Secretary under this sec4 tion shall be exercised by the Librarian of Congress. 

5 ‘‘(d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

6 ‘‘(1) AGENCIES.—Notwithstanding any other 

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

8 agency that employs individuals as described in sub9 paragraph (A) or (B) of section 3(e)(2) of the Fair 

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

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

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

13 ‘‘(2) AUTHORITY.—In the case described in 

14 subparagraph (A), the powers, remedies, and proce15 dures provided (in the case of a violation of section 

16 2302(b)(1)(A) of title 5, United States Code) in title 

17 5, United States Code, to an employing agency, the 

18 Office of Special Counsel, the Merit Systems Protec19 tion Board, or any person alleging a violation of 

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

21 remedies, and procedures this section provides in the 

22 case of a violation of section 41802 to that agency, 

23 that Office, that Board, or any person alleging a vio24 lation of section 41802, respectively, against an em25 ployee who is such an individual. 


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1 ‘‘(e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST2 ANCE.—Consistent with regulations prescribed under sec3 tion 41805(d), the President shall ensure that any public 

4 agency that violates section 41802(a) by taking an action 

5 prohibited under section 41802(a) against any individual 

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

7 assistance, shall provide to any individual who receives a 

8 less favorable amount, term, or condition of public assist9 ance as a result of the violation— 

10 ‘‘(1)(A) the amount of any public assistance de11 nied or lost to such individual by reason of the viola12 tion; and 

13 ‘‘(B) the interest on the amount described in 

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

15 ‘‘(2) such equitable relief as may be appro16 priate. 

17 ‘‘SEC. 41804. REGULATIONS. 

18 ‘‘(a) IN GENERAL.—Except as provided in sub19 sections (b), (c), and (d), the Secretary shall issue regula20 tions to carry out this title. 

21 ‘‘(b) LIBRARY OF CONGRESS.—The Librarian of 

22 Congress shall prescribe the regulations described in sub23 section (a) with respect to employees of the Library of 

24 Congress. The regulations prescribed under this sub25 section shall, to the extent appropriate, be consistent with 


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1 the regulations prescribed by the Secretary under sub2 section (a). 

3 ‘‘(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The 

4 Office of Personnel Management, after consultation under 

5 the Office of Special Counsel and the Merit Systems Pro6 tection Board, shall prescribe the regulations described in 

7 subsection (a) with respect to individuals described in sub8 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

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

10 an individual employed by an entity of the legislative 

11 branch of the Federal Government). The regulations pre12 scribed under this subsection shall, to the extent appro13 priate, be consistent with the regulations prescribed by the 

14 Secretary under subsection (a). 

15 ‘‘(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST16 ANCE.—The President shall prescribe the regulations de17 scribed in subsection (a) with respect to public agencies 

18 providing public assistance as described in section 

19 41803(e), including violations of section 41802(a) by such 

20 agencies. The regulations prescribed under this subsection 

21 shall, to the extent appropriate, be consistent with the reg22 ulations prescribed by the Secretary under subsection 

23 (a).’’. 


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1 SEC. 302. ATTORNEY’S FEES. 

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

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

5 Rights Act of 1964,’’. 

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

10 VIOLENCE, SEXUAL ASSAULT, 

11 OR STALKING 

12 SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING 

13 PROVISIONS. 

14 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

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

16 of State unemployment compensation laws) is amended— 

17 (1) in subsection (a)— 

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

19 at the end; 

20 (B) by redesignating paragraph (19) as 

21 paragraph (20); and 

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

23 following new paragraph: 

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

25 an individual is separated from employment due to 

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1 ence of domestic violence, dating violence, sexual as2 sault, or stalking, nor shall States impose additional 

3 conditions that restrict the individual’s eligibility for 

4 or receipt of benefits beyond those required of other 

5 individuals who are forced to leave their jobs or are 

6 deemed to have good cause for voluntarily separating 

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

8 (2) by adding at the end the following new sub9 section: 

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

11 (a)(19)— 

12 ‘‘(1) DOCUMENTATION.—In determining eligi13 bility for compensation due to circumstances result14 ing from an individual’s experience of domestic vio15 lence, dating violence, sexual assault, or stalking— 

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

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

18 of documentation that may be presented to 

19 demonstrate eligibility; and 

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

21 of documentation shall be sufficient to dem22 onstrate eligibility, except that a State may re23 quire the presentation of a form of identifica24 tion in addition to the written statement of 

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


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

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

3 not less than three of the following forms of docu4 mentation: 

5 ‘‘(A) An order of protection or other docu6 mentation issued by a court. 

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

8 documenting the domestic violence, dating vio9 lence, sexual assault, or stalking. 

10 ‘‘(C) Documentation that the perpetrator 

11 has been convicted of the offense of domestic vi12 olence, dating violence, sexual assault, or stalk13 ing. 

14 ‘‘(D) Medical documentation of the domes15 tic violence, dating violence, sexual assault, or 

16 stalking. 

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

18 violence, sexual assault, or stalking from a 

19 counselor, social worker, health worker, or do20 mestic violence shelter worker. 

21 ‘‘(F) A written statement that the appli22 cant or the applicant’s minor child is a victim 

23 of domestic violence, dating violence, sexual as24 sault, or stalking, provided by a social worker, 

25 member of the clergy, shelter worker, attorney 


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1 at law, or other professional who has assisted 

2 the applicant in dealing with the domestic vio3 lence, dating violence, sexual assault, or stalk4 ing. 

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

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

7 SEXUAL ASSAULT, AND STALKING DEFINED.—The 

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

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

10 terms in section 40002 of the Violence Against 

11 Women Act.’’. 

12 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

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

14 U.S.C. 503(a)) is amended— 

15 (1) by redesignating paragraphs (4) through 

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

17 and 

18 (2) by inserting after paragraph (3) the fol19 lowing new paragraph: 

20 ‘‘(4) Such methods of administration as will en21 sure that— 

22 ‘‘(A) applicants for unemployment com23 pensation and individuals inquiring about such 

24 compensation are adequately notified of the 

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1 tion 3304 of the Internal Revenue Code of 1986 

2 (relating to the availability of unemployment 

3 compensation for victims of domestic violence, 

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

5 ‘‘(B) claims reviewers and hearing per6 sonnel are adequately trained in— 

7 ‘‘(i) the nature and dynamics of do8 mestic violence, dating violence, sexual as9 sault, or stalking (as such terms are de10 fined in section 40002 of the Violence 

11 Against Women Act); and 

12 ‘‘(ii) methods of ascertaining and 

13 keeping confidential information about pos14 sible experiences of domestic violence, dat15 ing violence, sexual assault, or stalking (as 

16 so defined) to ensure that— 

17 ‘‘(I) requests for unemployment 

18 compensation based on separations 

19 stemming from domestic violence, dat20 ing violence, sexual assault, or stalk21 ing (as so defined) are reliably 

22 screened, identified, and adjudicated; 

23 and 


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1 ‘‘(II) full confidentiality is pro2 vided for the individual’s claim and 

3 submitted evidence; and’’. 

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

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

6 by adding at the end the following new paragraph: 

7 ‘‘(8) CERTIFICATION THAT THE STATE WILL

8 PROVIDE INFORMATION TO VICTIMS OF DOMESTIC

9 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

10 STALKING.—A certification by the chief officer of 

11 the State that the State has established and is en12 forcing standards and procedures to— 

13 ‘‘(A) ensure that applicants for assistance 

14 under the program and individuals inquiring 

15 about such assistance are adequately notified 

16 of— 

17 ‘‘(i) the provisions of subsections 

18 (a)(19) and (g) of section 3304 of the In19 ternal Revenue Code of 1986 (relating to 

20 the availability of unemployment com21 pensation for victims of domestic violence, 

22 dating violence, sexual assault, or stalk23 ing); and 

24 ‘‘(ii) assistance made available by the 

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1 ing violence, sexual assault, or stalking (as 

2 such terms are defined in section 40002 of 

3 the Violence Against Women Act); 

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

5 agency personnel responsible for administering 

6 the State program funded under this part are 

7 adequately trained in— 

8 ‘‘(i) the nature and dynamics of do9 mestic violence, dating violence, sexual as10 sault, or stalking (as so defined); 

11 ‘‘(ii) State standards and procedures 

12 relating to the prevention of, and assist13 ance for individuals who experience, do14 mestic violence, dating violence, sexual as15 sault, or stalking (as so defined); and 

16 ‘‘(iii) methods of ascertaining and 

17 keeping confidential information about pos18 sible experiences of domestic violence, dat19 ing violence, sexual assault, or stalking (as 

20 so defined); 

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

22 enforce standards and procedures regarding the 

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


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1 ‘‘(i) applicants for assistance under 

2 the program and individuals inquiring 

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

6 ‘‘(ii) case workers and other agency 

7 personnel responsible for administering the 

8 State program funded under this part are 

9 provided with adequate training regarding 

10 such standards and procedures and options 

11 available under such standards and proce12 dures; and 

13 ‘‘(D) ensure that the training required 

14 under subparagraphs (B) and, if applicable, 

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

16 operated by an eligible entity (as defined in sec17 tion 401(d)(2) of the Security and Financial 

18 Empowerment Act).’’. 

19 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX20 UAL ASSAULT, OR STALKING TRAINING GRANT PRO21 GRAM.— 

22 (1) GRANTS AUTHORIZED.—The Secretary of 

23 Health and Human Services (in this subsection re24 ferred to as the ‘‘Secretary’’) is authorized to 

25 award— 


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1 (A) a grant to a national victim services 

2 organization in order for such organization to— 

3 (i) develop and disseminate a model 

4 training program (and related materials) 

5 for the training required under section 

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

7 added by subsection (b), and under sub8 paragraphs (B) and, if applicable, (C)(ii) 

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

10 added by subsection (c); and 

11 (ii) provide technical assistance with 

12 respect to such model training program; 

13 and 

14 (B) grants to State, tribal, or local agen15 cies in order for such agencies to contract with 

16 eligible entities to provide State, tribal, or local 

17 case workers and other State, tribal, or local 

18 agency personnel responsible for administering 

19 the temporary assistance to needy families pro20 gram established under part A of title IV of the 

21 Social Security Act in a State or Indian res22 ervation with the training required under sub23 paragraphs (B) and, if applicable, (C)(ii) of 

24 such section 402(a)(8). 


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1 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

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

3 means an entity— 

4 (A) that is— 

5 (i) a State or tribal domestic violence 

6 coalition or sexual assault coalition; 

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

9 dynamics of domestic violence, dating vio10 lence, sexual assault, or stalking whose pri11 mary mission is to provide services to vic12 tims of domestic violence, dating violence, 

13 sexual assault, or stalking, such as a rape 

14 crisis center or domestic violence program; 

15 or 

16 (iii) an organization with dem17 onstrated expertise in State or county wel18 fare laws and implementation of such laws 

19 and experience with disseminating informa20 tion on such laws and implementation, but 

21 only if such organization will provide the 

22 required training in partnership with an 

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

24 (B) that— 


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1 (i) has demonstrated expertise in both 

2 domestic violence and sexual assault, such 

3 as a joint domestic violence and sexual as4 sault coalition; or 

5 (ii) will provide the required training 

6 in partnership with an entity described in 

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

8 order to comply with the dual domestic vio9 lence and sexual assault expertise require10 ment under clause (i). 

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

12 under this subsection shall submit an application to 

13 the Secretary at such time, in such form and man14 ner, and containing such information as the Sec15 retary specifies. 

16 (4) REPORTS.— 

17 (A) REPORTS TO CONGRESS.—The Sec18 retary shall annually submit a report to Con19 gress on the grant program established under 

20 this subsection. 

21 (B) REPORTS AVAILABLE TO PUBLIC.— 

22 The Secretary shall establish procedures for the 

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1 dures shall include the use of the Internet to 

2 disseminate such reports. 

3 (5) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) AUTHORIZATION.—There are author5 ized to be appropriated— 

6 (i) $1,000,000 for fiscal year 2012 to 

7 carry out the provisions of paragraph 

8 (1)(A); and 

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

10 years 2013 through 2015 to carry out the 

11 provisions of paragraph (1)(B). 

12 (B) THREE-YEAR AVAILABILITY OF GRANT

13 FUNDS.—Each recipient of a grant under this 

14 subsection shall return to the Secretary any un15 used portion of such grant not later than 3 

16 years after the date the grant was awarded, to17 gether with any earnings on such unused por18 tion. 

19 (C) AMOUNTS RETURNED.—Any amounts 

20 returned pursuant to subparagraph (B) shall be 

21 available without further appropriation to the 

22 Secretary for the purpose of carrying out the 

23 provisions of paragraph (1)(B). 

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


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1 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

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

3 be construed to supersede any provision of any Fed4 eral, State, or local law, collective bargaining agree5 ment, or employment benefits program or plan that 

6 provides greater unemployment insurance benefits 

7 for victims of domestic violence, dating violence, sex8 ual assault, or stalking than the rights established 

9 under this title. 

10 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

11 PROGRAMS, AND PLANS.—The rights established for 

12 victims of domestic violence, dating violence, sexual 

13 assault, or stalking under this title shall not be di14 minished by any more restrictive State or local law, 

15 collective bargaining agreement, or employment ben16 efits program or plan. 

17 (f) EFFECTIVE DATE.— 

18 (1) UNEMPLOYMENT AMENDMENTS.— 

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

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

21 amendments made by this section shall apply in 

22 the case of compensation paid for weeks begin23 ning on or after the expiration of 180 days 

24 from the date of enactment of this Act. 


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1 (B) EXTENSION OF EFFECTIVE DATE FOR

2 STATE LAW AMENDMENT.— 

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

4 Labor identifies a State as requiring a 

5 change to its statutes, regulations, or poli6 cies in order to comply with the amend7 ments made by this section (excluding the 

8 amendment made by subsection (c)), such 

9 amendments shall apply in the case of 

10 compensation paid for weeks beginning 

11 after the earlier of— 

12 (I) the date the State changes its 

13 statutes, regulations, or policies in 

14 order to comply with such amend15 ments; or 

16 (II) the end of the first session of 

17 the State legislature which begins 

18 after the date of enactment of this 

19 Act or which began prior to such date 

20 and remained in session for at least 

21 25 calendar days after such date; 

22 except that in no case shall such amend23 ments apply before the date that is 180 

24 days after the date of enactment of this 

25 Act. 


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1 (ii) SESSION DEFINED.—In this sub2 paragraph, the term ‘‘session’’ means a 

3 regular, special, budget, or other session of 

4 a State legislature. 

5 (2) TANF AMENDMENT.— 

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

7 subparagraph (B), the amendment made by 

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

9 enactment of this Act. 

10 (B) EXTENSION OF EFFECTIVE DATE FOR

11 STATE LAW AMENDMENT.—In the case of a 

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

13 Security Act which the Secretary of Health and 

14 Human Services determines requires State ac15 tion (including legislation, regulation, or other 

16 administrative action) in order for the plan to 

17 meet the additional requirements imposed by 

18 the amendment made by subsection (c), the 

19 State plan shall not be regarded as failing to 

20 comply with the requirements of such amend21 ment on the basis of its failure to meet these 

22 additional requirements before the first day of 

23 the first calendar quarter beginning after the 

24 close of the first regular session of the State 

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1 ment of this Act. For purposes of the previous 

2 sentence, in the case of a State that has a 2- 

3 year legislative session, each year of the session 

4 is considered to be a separate regular session of 

5 the State legislature. 

6 TITLE V—VICTIMS OF ABUSE 

7 INSURANCE PROTECTION 

8 SEC. 501. SHORT TITLE. 

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

11 SEC. 502. DEFINITIONS. 

12 In this title, the following definitions apply: 

13 (1) ABUSE.—The term ‘‘abuse’’ means the oc14 currence of one or more of the following acts by a 

15 current or former household or family member, inti16 mate partner, or caretaker: 

17 (A) Attempting to cause or causing an18 other person bodily injury, physical harm, sub19 stantial emotional distress, or psychological 

20 trauma. 

21 (B) Attempting to engage in or engaging 

22 in rape, sexual assault, or involuntary sexual 

23 intercourse. 

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1 son, including following the person without 

2 proper authority and under circumstances that 

3 place the person in reasonable fear of bodily in4 jury or physical harm. 

5 (D) Subjecting another person to false im6 prisonment or kidnaping. 

7 (E) Attempting to cause or causing dam8 age to property so as to intimidate or attempt 

9 to control the behavior of another person. 

10 (2) HEALTH CARRIER.—The term ‘‘health car11 rier’’ means a person that contracts or offers to con12 tract on a risk-assuming basis to provide, deliver, ar13 range for, pay for, or reimburse any of the cost of 

14 health care services, including a sickness and acci15 dent insurance company, a health maintenance orga16 nization, a nonprofit hospital and health service cor17 poration, or any other entity providing a plan of 

18 health insurance, health benefits, or health services. 

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

20 party named on a policy, certificate, or health ben21 efit plan, including an individual, corporation, part22 nership, association, unincorporated organization, or 

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

24 the benefits provided by the policy, certificate, or 

25 health benefit plan. For group insurance, the term 


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1 includes a person who is a beneficiary covered by a 

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

3 life insurance, the term refers to the person whose 

4 life is covered under an insurance policy. 

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

6 person, reciprocal exchange, inter insurer, Lloyds in7 surer, fraternal benefit society, or other legal entity 

8 engaged in the business of insurance, including 

9 agents, brokers, adjusters, and third-party adminis10 trators. The term includes employers who provide or 

11 make available employment benefits through an em12 ployee benefit plan, as defined in section 3(3) of the 

13 Employee Retirement Income Security Act of 1974 

14 (29 U.S.C. 102(3)). The term also includes health 

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

16 property and casualty insurers. 

17 (5) POLICY.—The term ‘‘policy’’ means a con18 tract of insurance, certificate, indemnity, suretyship, 

19 or annuity issued, proposed for issuance, or intended 

20 for issuance by an insurer, including endorsements 

21 or riders to an insurance policy or contract. 

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

23 abuse’’ means— 

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

25 has been directed; 


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

3 abuse; or 

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

5 or had reason to seek medical or psychological 

6 treatment for abuse, protection, court-ordered 

7 protection, or shelter from abuse. 

8 SEC. 503. 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. 


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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 


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

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

5 shall be satisfied by any extension of coverage under 

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

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

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

12 part 6 or section 4980B. 

13 (d) USE OF INFORMATION.— 

14 (1) LIMITATION.— 

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

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

18 or health benefit plan may (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 


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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 


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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. 504. 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. 505. 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. 506. LIFE INSURANCE. 

24 Nothing in this title shall be construed to prohibit 

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


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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. 507. 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. 508. 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 

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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. 


emcdonald on DSK5VPTVN1PROD with BILLS
72 

•HR 3271 IH

1 SEC. 509. EFFECTIVE DATE. 

2 This title shall apply with respect to any action taken 

3 after the date of enactment of this Act. 

4 TITLE VI—SEVERABILITY 

5 SEC. 601. 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 


emcdonald on DSK5VPTVN1PROD with BILLS