quirements of such amendment on the basis of
its failure to meet these additional requirements
before the first day of the first calendar quarter
beginning after the close of the first regular
session of the State legislature that begins after
the date of enactment of this Act. For purposes
of the previous sentence, in the case of a State
that has a 2-year legislative session, each year
of the session is considered to be a separate
regular session of the State legislature.
TITLE III—VICTIMS’
EMPLOYMENT SUSTAINABILITY
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Victims’ Employment
Sustainability Act’’.
SEC. 302. PURPOSES.
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating
to providing for the general welfare and to regulation of
commerce among the several States, and under section 5
of the 14th amendment to the Constitution—
(1) to promote the national interest in reducing
domestic violence, dating violence, sexual assault,
and stalking by enabling victims of domestic or sex-
ual violence to maintain the financial independence
necessary to leave abusive situations, achieve safety,
and minimize the physical and emotional injuries
from domestic or sexual violence, and to reduce the
devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such vio-
lence, and participate in criminal and civil justice
processes, without fear of adverse economic con-
sequences from their employers;
(3) to ensure that victims of domestic or sexual
violence can recover from and cope with the effects
of such violence, and participate in criminal and civil
justice processes, without fear of adverse economic
consequences with respect to public benefits;
(4) to promote the purposes of the 14th amend-
ment by addressing the failure of existing laws to
protect the employment rights of victims of domestic
or sexual violence, by protecting the civil and eco-
nomic rights of victims of domestic or sexual vio-
lence, and by furthering the equal opportunity of
women for economic self-sufficiency and employment
free from discrimination;
(5) to minimize the negative impact on inter-
state commerce from dislocations of employees and
harmful effects on productivity, employment, health
care costs, and employer costs, caused by domestic
or sexual violence, including intentional efforts to
frustrate women’s ability to participate in employ-
ment and interstate commerce; and
(6) to accomplish the purposes described in
paragraphs (1) through (5) by prohibiting employers
from discriminating against actual or perceived vic-
tims of domestic or sexual violence, in a manner that
accommodates the legitimate interests of employers
and protects the safety of all persons in the work-
place.
SEC. 303. PROHIBITED DISCRIMINATORY ACTS.
(a) IN GENERAL.—An employer shall not fail to hire,
refuse to hire, discharge, or harass any individual, or oth-
erwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of em-
ployment of the individual (including retaliation in any
form or manner), and a public agency shall not deny, re-
duce, or terminate the benefits of, otherwise sanction, or
harass any individual, or otherwise discriminate against
any individual with respect to the amount, terms, or condi-
tions of public assistance of the individual (including retal-
iation in any form or manner), because—
(1) the individual involved—
(A) is or is perceived to be a victim of do-
mestic or sexual violence;
(B) attended, participated in, prepared for,
or requested leave to attend, participate in, or
prepare for, a criminal or civil court proceeding
relating to an incident of domestic or sexual vi-
olence of which the individual, or the son or
daughter or parent of the individual, was a vic-
tim; or
(C) requested an adjustment to a job
structure, workplace facility, or work require-
ment, including a transfer, reassignment, or
modified schedule, leave, a changed telephone
number or seating assignment, installation of a
lock, or implementation of a safety procedure,
in response to actual or threatened domestic or
sexual violence, regardless of whether the re-
quest was granted; or
(2) the workplace is disrupted or threatened by
the action of a person whom the individual states
has committed or threatened to commit domestic or
sexual violence against the individual, or the individ-
ual’s son or daughter or parent.
(b) DEFINITIONS.—In this section:
(1) DISCRIMINATE.—The term ‘‘discriminate’’,
used with respect to the terms, conditions, or privi-
leges of employment or with respect to the terms or
conditions of public assistance, includes not making
a reasonable accommodation to the known limita-
tions of an otherwise qualified individual—
(A) who is a victim of domestic or sexual
violence;
(B) who is—
(i) an applicant or employee of the
employer (including a public agency); or
(ii) an applicant for or recipient of
public assistance from the public agency;
and
(C) whose limitations resulted from cir-
cumstances relating to being a victim of domes-
tic or sexual violence;
unless the employer or public agency can dem-
onstrate that the accommodation would impose an
undue hardship on the operation of the employer or
public agency.
(2) QUALIFIED INDIVIDUAL.—The term ‘‘quali-
fied individual’’ means—
(A) in the case of an applicant or employee
described in paragraph (1)(B)(i), an individual
who, with or without reasonable accommoda-
tion, can perform the essential functions of the
employment position that such individual holds
or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(B)(ii), an individual
who, with or without reasonable accommoda-
tion, can satisfy the essential requirements of
the program providing the public assistance
that the individual receives or desires.
(3) REASONABLE ACCOMMODATION.—The term
‘‘reasonable accommodation’’ may include an adjust-
ment to a job structure, workplace facility, or work
requirement, including a transfer, reassignment, or
modified schedule, leave, a changed telephone num-
ber or seating assignment, installation of a lock, or
implementation of a safety procedure, in response to
actual or threatened domestic or sexual violence.
(4) UNDUE HARDSHIP.—
(A) IN GENERAL.—The term ‘‘undue hard-
ship’’ means an action requiring significant dif-
ficulty or expense, when considered in light of
the factors set forth in subparagraph (B).
(B) FACTORS TO BE CONSIDERED.—In de-
termining whether a reasonable accommodation
would impose an undue hardship on the oper-
ation of an employer or public agency, factors
to be considered include—
(i) the nature and cost of the reason-
able accommodation needed under this sec-
tion;
(ii) the overall financial resources of
the facility involved in the provision of the
reasonable accommodation, the number of
persons employed at such facility, the ef-
fect on expenses and resources, or the im-
pact otherwise of such accommodation on
the operation of the facility;
(iii) the overall financial resources of
the employer or public agency, the overall
size of the business of an employer or pub-
lic agency with respect to the number of
employees of the employer or public agen-
cy, and the number, type, and location of
the facilities of an employer or public agen-
cy; and
(iv) the type of operation of the em-
ployer or public agency, including the com-
position, structure, and functions of the
workforce of the employer or public agen-
cy, the geographic separateness of the fa-
cility from the employer or public agency,
and the administrative or fiscal relation-
ship of the facility to the employer or pub-
lic agency.
SEC. 304. ENFORCEMENT.
(a) CIVIL ACTION BY INDIVIDUALS.—
(1) LIABILITY.—Any employer or public agency
that violates section 303 shall be liable to any indi-
vidual affected for—
(A) damages equal to the amount of
wages, salary, employment benefits, public as-
sistance, or other compensation denied or lost
to such individual by reason of the violation,
and the interest on that amount calculated at
the prevailing rate;
(B) compensatory damages, including dam-
ages for future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish,
loss of enjoyment or life, and other nonpecu-
niary losses;
(C) such punitive damages, up to 3 times
the amount of actual damages sustained, as the
court described in paragraph (2) shall deter-
mine to be appropriate; and
(D) such equitable relief as may be appro-
priate, including employment, reinstatement,
and promotion.
(2) RIGHT OF ACTION.—An action to recover
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer
or public agency in any Federal or State court of
competent jurisdiction by any 1 or more individuals
described in section 303.
(b) ACTION BY DEPARTMENT OF JUSTICE.—The At-
torney General may bring a civil action in any Federal
or State court of competent jurisdiction to recover the
damages or equitable relief described in subsection (a)(1).
SEC. 305. ATTORNEY’S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C.
1988(b)) is amended by inserting ‘‘the Victims’ Employ-
ment Sustainability Act,’’ after ‘‘title VI of the Civil
Rights Act of 1964,’’.
TITLE IV—VICTIMS OF ABUSE
INSURANCE PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Victims of Abuse In-
surance Protection Act’’.
SEC. 402. DEFINITIONS.
In this title:
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of 1 or more of the following acts by a cur-
rent or former household or family member, intimate
partner, or caretaker:
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
stantial emotional distress, psychological trau-
ma, rape, sexual assault, or involuntary sexual
intercourse.
(B) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
son, including following the person without
proper authority and under circumstances that
place the person in reasonable fear of bodily in-
jury or physical harm.
(C) Subjecting another person to false im-
prisonment or kidnapping.
(D) Attempting to cause or causing dam-
age to property so as to intimidate or attempt
to control the behavior of another person.
(2) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for, or reimburse any of the cost of
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration or any other entity providing a plan of
health insurance, health benefits or health services.
(3) INSURED.—The term ‘‘insured’’ means a
party named on a policy, certificate, or health ben-
efit plan, including an individual, corporation, part-
nership, association, unincorporated organization, or
any similar entity, as the person with legal rights to
the benefits provided by the policy, certificate, or
health benefit plan. For group insurance, such term
includes a person who is a beneficiary covered by a
group policy, certificate, or health benefit plan. For
life insurance, the term refers to the person whose
life is covered under an insurance policy.
(4) INSURER.—The term ‘‘insurer’’ means any
person, reciprocal exchange, inter insurer, Lloyds in-
surer, fraternal benefit society, or other legal entity
engaged in the business of insurance, including
agents, brokers, adjusters, and third-party adminis-
trators. The term also includes health carriers,
health benefit plans, and life, disability, and prop-
erty and casualty insurers.
(5) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship,
or annuity issued, proposed for issuance or intended
for issuance by an insurer, including endorsements
or riders to an insurance policy or contract.
(6) SUBJECT OF ABUSE.—The term ‘‘subject of
abuse’’ means—
(A) a person against whom an act of abuse
has been directed;
(B) a person who has prior or current in-
juries, illnesses, or disorders that resulted from
abuse; or
(C) a person who seeks, may have sought,
or had reason to seek medical or psychological
treatment for abuse, protection, court-ordered
protection, or shelter from abuse.
SEC. 403. DISCRIMINATORY ACTS PROHIBITED.
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on
the basis that the applicant or insured, or any person em-
ployed by the applicant or insured or with whom the appli-
cant or insured is known to have a relationship or associa-
tion, is, has been, or may be the subject of abuse or has
incurred or may incur abuse-related claims:
(1) Denying, refusing to issue, renew or reissue,
or canceling or otherwise terminating an insurance
policy or health benefit plan.
(2) Restricting, excluding, or limiting insurance
coverage for losses or denying a claim, except as oth-
erwise permitted or required by State laws relating
to life insurance beneficiaries.
(3) Adding a premium differential to any insur-
ance policy or health benefit plan.
(b) PROHIBITION ON LIMITATION OF CLAIMS.—No
insurer may, directly or indirectly, deny or limit payment
of a claim incurred by an innocent insured as a result of
abuse.
(c) PROHIBITION ON TERMINATION.—
(1) IN GENERAL.—No insurer or health carrier
may terminate health coverage for a subject of abuse
because coverage was originally issued in the name
of the abuser and the abuser has divorced, separated
from, or lost custody of the subject of abuse or the
abuser’s coverage has terminated voluntarily or in-
sion of coverage otherwise provided for under such
part 6 or section 4980B.
(d) USE OF INFORMATION.—
(1) LIMITATION.—
(A) IN GENERAL.—In order to protect the
safety and privacy of subjects of abuse, no per-
son employed by or contracting with an insurer
or health benefit plan may—
(i) use, disclose, or transfer informa-
tion relating to abuse status, acts of abuse,
abuse-related medical conditions or the ap-
plicant’s or insured’s status as a family
member, employer, associate, or person in
a relationship with a subject of abuse for
any purpose unrelated to the direct provi-
sion of health care services unless such
use, disclosure, or transfer is required by
an order of an entity with authority to reg-
ulate insurance or an order of a court of
competent jurisdiction; or
(ii) disclose or transfer information
relating to an applicant’s or insured’s mail-
ing address or telephone number or the
mailing address and telephone number of a
shelter for subjects of abuse, unless such
disclosure or transfer—
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential
to endanger the safety of a subject of
abuse.
(B) RULE OF CONSTRUCTION.—Nothing in
this paragraph may be construed to limit or
preclude a subject of abuse from obtaining the
subject’s own insurance records from an in-
surer.
(2) AUTHORITY
OF
SUBJECT
OF
ABUSE.—A
subject of abuse, at the absolute discretion of the
subject of abuse, may provide evidence of abuse to
an insurer for the limited purpose of facilitating
treatment of an abuse-related condition or dem-
onstrating that a condition is abuse-related. Nothing
in this paragraph shall be construed as authorizing
an insurer or health carrier to disregard such pro-
vided evidence.
SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF
ABUSE.
Insurers shall develop and adhere to written policies
specifying procedures to be followed by employees, con-
tractors, producers, agents, and brokers for the purpose
of protecting the safety and privacy of a subject of abuse
and otherwise implementing this title when taking an ap-
plication, investigating a claim, or taking any other action
relating to a policy or claim involving a subject of abuse.
SEC. 405. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects
a subject of abuse, shall advise the subject of abuse appli-
cant or insured of the specific reasons for the action in
writing. For purposes of this section, reference to general
underwriting practices or guidelines shall not constitute
a specific reason.
SEC. 406. LIFE INSURANCE.
Nothing in this title shall be construed to prohibit
a life insurer from declining to issue a life insurance policy
if the applicant or prospective owner of the policy is or
would be designated as a beneficiary of the policy, and
if—
(1) the applicant or prospective owner of the
policy lacks an insurable interest in the insured; or
(2) the applicant or prospective owner of the
policy is known, on the basis of police or court
records, to have committed an act of abuse against
the proposed insured.
SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse.
SEC. 408. ENFORCEMENT.
(a) FEDERAL TRADE COMMISSION.—
(1) IN GENERAL.—The Federal Trade Commis-
sion shall have the power to examine and investigate
any insurer to determine whether such insurer has
been or is engaged in any act or practice prohibited
by this title.
(2) CEASE AND DESIST ORDERS.—If the Fed-
eral Trade Commission determines an insurer has
been or is engaged in any act or practice prohibited
by this title, the Commission may take action
against such insurer by the issuance of a cease and
desist order as if the insurer was in violation of sec-
tion 5 of the Federal Trade Commission Act. Such
cease and desist order may include any individual re-
lief warranted under the circumstances, including
temporary, preliminary, and permanent injunctive
and compensatory relief.
(b) PRIVATE CAUSE OF ACTION.—
(1) IN GENERAL.—An applicant or insured who
believes that the applicant or insured has been ad-
versely affected by an act or practice of an insurer
in violation of this title may maintain an action
against the insurer in a Federal or State court of
original jurisdiction.
(2) RELIEF.—Upon proof of such conduct by a
preponderance of the evidence in an action described
in paragraph (1), the court may award appropriate
relief, including temporary, preliminary, and perma-
nent injunctive relief and compensatory and punitive
damages, as well as the costs of suit and reasonable
fees for the aggrieved individual’s attorneys and ex-
pert witnesses.
(3) STATUTORY
DAMAGES.—With respect to
compensatory damages in an action described in
paragraph (1), the aggrieved individual may elect, at
any time prior to the rendering of final judgment, to
recover in lieu of actual damages, an award of statu-
tory damages in the amount of $5,000 for each vio-
lation.
SEC. 409. EFFECTIVE DATE.
This title shall apply with respect to any action taken
on or after the date of enactment of this Act.
TITLE V—WORKPLACE SAFETY
PROGRAM TAX CREDIT
SEC. 501. CREDIT FOR COSTS TO EMPLOYERS OF IMPLE-
MENTING WORKPLACE SAFETY PROGRAMS.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to business related credits) is amended by
adding at the end the following:
‘‘SEC. 45G. WORKPLACE SAFETY PROGRAM CREDIT.
‘‘(a) IN GENERAL.—For purposes of section 38, the
workplace safety program credit determined under this
section for the taxable year is, for any employer, an
amount equal to 40 percent of the domestic and sexual
violence safety and education costs paid or incurred by
such employer during the taxable year.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) DOMESTIC AND SEXUAL VIOLENCE SAFETY
AND EDUCATION COST.—
‘‘(A) IN
GENERAL.—The term ‘domestic
and sexual violence safety and education cost’
means any cost certified by the Secretary of
Labor to the Secretary as being for the purpose
of—
‘‘(i) ensuring the safety of employees
from domestic or sexual violence,
‘‘(ii) providing assistance to employees
and the spouses and dependents of employ-
ees with respect to domestic or sexual vio-
lence,
‘‘(iii) providing legal or medical serv-
ices to employees and the spouses and de-
pendents of employees subjected to, or at
risk from, domestic or sexual violence,
‘‘(iv) educating employees about the
issue of domestic or sexual violence, or
‘‘(v) implementing human resource or
personnel policies initiated to protect em-
ployees from domestic or sexual violence or
to support employees who have been vic-
tims of domestic or sexual violence.
‘‘(B) TYPES
OF
COSTS.—Such term in-
cludes costs certified by the Secretary of Labor
to the Secretary as being for the purpose of—
‘‘(i) the hiring of new security per-
sonnel in order to address domestic or sex-
ual violence,
‘‘(ii) the creation of buddy systems or
escort systems for walking employees to
parking lots, parked cars, subway stations,
or bus stops, in order to address domestic
or sexual violence,
‘‘(iii) the purchase or installation of
new security equipment, including surveil-
lance equipment, lighting fixtures, cardkey
access systems, and identification systems,
in order to address domestic or sexual vio-
lence,
‘‘(iv) the establishment of an employee
assistance line or other employee assist-
ance services, in order to address domestic
or sexual violence, for the use of individual
employees, including counseling or referral
services undertaken in consultation and co-
ordination with national, State, or local do-
mestic violence coalitions, sexual assault
coalitions, domestic violence programs, or
sexual assault programs,
‘‘(v) the retention of an attorney to
provide legal services to employees seeking
restraining orders or other legal recourse
from domestic or sexual violence,
‘‘(vi) the establishment of medical
services addressing the medical needs of
employees who are victims of domestic or
sexual violence,
‘‘(vii) the retention of a financial ex-
pert or an accountant to provide financial
counseling to employees seeking to escape
from domestic or sexual violence,
‘‘(viii) the establishment of an edu-
cation program for employees, consisting of
seminars or training sessions about domes-
tic or sexual violence undertaken in con-
sultation and coordination with national,
State, or local domestic violence coalitions,
sexual assault coalitions, domestic violence
programs, or sexual assault programs,
‘‘(ix) studies of the cost, impact, or
extent of domestic or sexual violence at the
employer’s place of business, if such stud-
ies are made available to the public and
protect the identity of employees included
in the study,
‘‘(x) the publication of a regularly dis-
seminated newsletter or other regularly
disseminated educational materials about
domestic or sexual violence,
‘‘(xi) the implementation of leave poli-
cies for the purpose of allowing or accom-
modating the needs of victims of domestic
or sexual violence to pursue counseling,
legal assistance, or safety planning, includ-
ing leave from work to attend meetings
with attorneys, to give evidentiary state-
ments or depositions, and to attend hear-
ings or trials in court,
‘‘(xii) the implementation of flexible
work policies for the purpose of allowing or
accommodating the needs of employees
who are victims of domestic or sexual vio-
lence, or employees at risk with respect to
such crimes, to avoid assailants,
‘‘(xiii) the implementation of transfer
policies for the purpose of allowing or ac-
commodating the needs of employees sub-
jected to domestic or sexual violence to
change office locations within the company
in order to avoid assailants or to allow the
transfer of an employee who has per-
petrated domestic or sexual violence in
order to protect the victim, including pay-
ment of costs for the transfer and reloca-
tion of an employee to another city, coun-
ty, State, or country for the purpose of
maintaining an employee’s safety from do-
mestic or sexual violence, or
‘‘(xiv) the provision of any of the serv-
ices described in clauses (iv) through (viii)
to the spouses or dependents of employees.
‘‘(C) NOTIFICATION
OF
POSSIBLE
TAX
CONSEQUENCES.—In no event shall any cost for
goods or services which may be included in the
income of any employee receiving or benefiting
from such goods or services be treated as a do-
mestic and sexual violence safety and education
cost unless the employer notifies the employee
in writing of the possibility of such inclusion.
‘‘(2) DOMESTIC
OR
SEXUAL
VIOLENCE.—The
term ‘domestic or sexual violence’ means domestic
violence, dating violence, sexual assault, or stalking,
as those terms are defined in section 3 of the Vic-
tims’ Economic Security and Safety Act.
‘‘(3) DOMESTIC VIOLENCE COALITION; SEXUAL
ASSAULT COALITION.—The terms ‘domestic violence
coalition’ and ‘sexual assault coalition’ have the
meanings given the terms in section 3 of the Vic-
tims’ Economic Security and Safety Act.
‘‘(4) EMPLOYEE.—The term ‘employee’ means
a person who is an employee, as defined in section
3(9) of the Victims’ Economic Security and Safety
Act, except that the person may be employed by any
employer described in paragraph (5).
‘‘(5) EMPLOYER.—The term ‘employer’ means
a person who is an employer, as defined in section
3(10) of such Act, determined without regard to the
number of individuals employed.
‘‘(c) COORDINATION WITH OTHER PROVISIONS.—No
credit or deduction shall be allowed under any other provi-
sion of this title for any amount for which a credit is al-
lowed under this section.’’.
(b) TREATMENT AS GENERAL BUSINESS CREDIT.—
(1) IN GENERAL.—Subsection (b) of section 38
of the Internal Revenue Code of 1986 (relating to
general business credit) is amended by striking
‘‘plus’’ at the end of paragraph (14), by striking the
period at the end of paragraph (15) and inserting ‘‘,
plus’’, and by adding at the end the following:
‘‘(16) the workplace safety program credit de-
termined under section 45G.’’.
(2) TRANSITIONAL RULE FOR CARRYBACKS.—
Subsection (d) of section 39 of such Code (relating
to transitional rules) is amended by adding at the
end the following:
‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT
BEFORE EFFECTIVE DATE.—No portion of the un-
used business credit for any taxable year which is
attributable to the workplace safety program credit
determined under section 45G may be carried back
to a taxable year beginning before January 1,
2002.’’.
(3) DEDUCTION FOR UNUSED CREDITS.—Sub-
section (c) of section 196 of such Code (relating to
deduction for certain unused business credits) is
amended by striking ‘‘and’’ at the end of paragraph
(9), by striking the period at the end of paragraph
(10) and inserting ‘‘, and’’, and by adding at the
end the following:
‘‘(11) the workplace safety program credit de-
termined under section 45G.’’.
(c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—
The allowance of a credit under section 45G of the Inter-
nal Revenue Code of 1986 (as added by this section) shall
not absolve employers of their responsibilities under any
other law and shall not be construed as a defense to any
legal action (other than legal action by the Secretary of
the Treasury under such Code).
(d) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by add-
ing at the end the following:
‘‘Sec. 45G. Workplace safety program credit.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2001.
TITLE VI—NATIONAL CLEARING-
HOUSE ON DOMESTIC AND
SEXUAL VIOLENCE IN THE
WORKPLACE GRANT
SEC. 601. NATIONAL CLEARINGHOUSE ON DOMESTIC AND
SEXUAL 
VIOLENCE 
IN 
THE 
WORKPLACE
GRANT.
(a) AUTHORITY.—The Attorney General may award
a grant in accordance with this section to a private, non-
profit entity or tribal organization that meets the require-
ments of subsection (b), in order to provide for the estab-
lishment and operation of a national clearinghouse and re-
source center to provide information and assistance to em-
ployers, labor organizations, and advocates on behalf of
victims of domestic or sexual violence, in their efforts to
develop and implement appropriate responses to assist
those victims.
(b) GRANTEES.—Each applicant for a grant under
this section shall submit to the Attorney General an appli-
cation, which shall—
(1) demonstrate that the applicant—
(A) has a nationally recognized expertise in
the area of domestic violence, dating violence,
sexual assault, and stalking, and a record of
commitment and quality responses to reduce
domestic violence, dating violence, sexual as-
sault, and stalking; and
(B) will provide matching funds from non-
Federal sources in an amount equal to not less
than 10 percent of the total amount of the
grant awarded under this section; and
(2) include a plan to maximize, to the extent
practicable, outreach to employers (including private
companies, as well as public entities such as univer-
sities, and State and local governments) in devel-
oping and implementing appropriate responses to as-
sist employees who are victims of domestic or sexual
violence.
(c) USE OF GRANT AMOUNT.—A grant under this
section may be used for staff salaries, travel expenses,
equipment, printing, and other reasonable expenses nec-
essary to assemble, maintain, and disseminate to employ-
ers, labor organizations, and advocates described in sub-
section (a), information on and appropriate responses to
domestic violence, dating violence, sexual assault, and
stalking, including—
(1) training to promote a better understanding
of appropriate assistance to employee victims;
(2) conferences and other educational opportu-
nities;
(3) development of protocols and model work-
place policies;
(4) employer- and union-sponsored victim serv-
ices and outreach counseling; and
(5) assessments of the workplace costs of do-
mestic violence, dating violence, sexual assault, and
stalking.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$500,000 for each of fiscal years 2002 through 2006.
TITLE VII—SEVERABILITY
SEC. 701. SEVERABILITY.
If any provision of this Act, any amendment made
by this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of the provisions of this Act, the
amendments made by this Act, and the application of such
provisions or amendments to any person or circumstance
shall not be affected.
Æ