pate in, or prepare for, a criminal or civil court pro-
ceeding relating to an incident of domestic violence, 
dating violence, sexual assault, or stalking of which 
the individual, or the family or household member of 
the individual, was a victim; 
(3) that individual, in response to actual or 
threatened domestic violence, dating violence, sexual 
assault, or stalking, requested that the employer or 
public agency implement a reasonable safety proce-
dure or a job-related modification to enhance the se-
curity of that individual or safeguard the workplace 
involved; or 
(4) the workplace is disrupted or threatened by 
the action of a person whom that individual states 
has committed or threatened to commit domestic vi-
olence, dating violence, sexual assault, or stalking 
against that individual, or that individual’s family or 
household member. 
(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 failing to 
implement, on request from an individual, in re-
sponse to actual or threatened domestic violence, 
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dating violence, sexual assault, or stalking, a reason-
able safety procedure or a job-related modification to 
enhance the security of that individual or safeguard 
the workplace (such as installation of a lock, change 
of a telephone number or seating assignment, provi-
sion of a transfer, provision of leave, modification of 
a schedule, or adjustment of a work requirement), 
unless the employer or public agency can dem-
onstrate that granting the request would impose an 
undue hardship on the operation of the employer or 
public agency. 
(2) UNDUE
HARDSHIP.—The term ‘‘undue 
hardship’’ means an action requiring significant dif-
ficulty or expense. 
SEC. 304. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUALS.— 
(1) LIABILITY.—Any employer that violates sec-
tion 303 shall be liable to any individual affected 
for— 
(A) damages equal to the amount of 
wages, salary, employment benefits, 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; 
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(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 
in any Federal or State court of competent jurisdic-
tion by any 1 or more individuals described in sec-
tion 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). 
(c) LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this section, in the case of the Library 
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of Congress, the authority of the Secretary under this sec-
tion shall be exercised by the Librarian of Congress. 
(d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
(1) AGENCIES.—Notwithstanding any other 
provision of this subsection, in the case of a public 
agency that employs individuals as described in sub-
paragraph (A) or (B) of section 3(e)(2) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) 
(other than an entity of the legislative branch of the 
Federal Government), paragraph (2) shall apply. 
(2) AUTHORITY.—In the case described in sub-
paragraph (A), the powers, remedies, and procedures 
provided (in the case of a violation of section 
2302(b)(1)(A) of title 5, United States Code) in title 
5, United States Code, to an employing agency, the 
Office of Special Counsel, the Merit Systems Protec-
tion Board, or any person alleging a violation of 
such section 2302(b)(1)(A), shall be the powers, 
remedies, and procedures this section provides in the 
case of a violation of section 303 to that agency, 
that Office, that Board, or any person alleging a vio-
lation of section 303, respectively, against an em-
ployee who is such an individual. 
(e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—Consistent with regulations prescribed under sec-
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tion 306(d), the President shall ensure that any public 
agency that violates section 303(a) by taking an action 
prohibited under section 303(a) against any individual 
with respect to the amount, terms, or conditions of public 
assistance, shall provide to any individual who receives a 
less favorable amount, term, or condition of public assist-
ance as a result of the violation— 
(1)(A) the amount of any public assistance de-
nied or lost to such individual by reason of the viola-
tion; and 
(B) the interest on the amount described in 
clause (i) calculated at the prevailing rate; and 
(2) such equitable relief as may be appropriate. 
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,’’. 
SEC. 306. REGULATIONS. 
(a) IN GENERAL.—Except as provided in subsections 
(b), (c), and (d), the Secretary shall issue regulations to 
carry out this title. 
(b) LIBRARY OF CONGRESS.—The Librarian of Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
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Congress. The regulations prescribed under this sub-
section shall, to the extent appropriate, be consistent with 
the regulations prescribed by the Secretary under sub-
section (a). 
(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of-
fice of Personnel Management, after consultation under 
the Office of Special Counsel and the Merit Systems Pro-
tection Board, shall prescribe the regulations described in 
subsection (a) with respect to individuals described in sub-
paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 
an individual employed by an entity of the legislative 
branch of the Federal Government). The regulations pre-
scribed under this subsection shall, to the extent appro-
priate, be consistent with the regulations prescribed by the 
Secretary under subsection (a). 
(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—The President shall prescribe the regulations de-
scribed in subsection (a) with respect to applicants for and 
recipients of public assistance, in the case of violations of 
section 303(a) by taking an action prohibited under sec-
tion 303(a) against any individual with respect to the 
amount, terms, or conditions of public assistance. The reg-
ulations prescribed under this subsection shall, to the ex-
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tent appropriate, be consistent with the regulations pre-
scribed by the Secretary under subsection (a). 
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, or psychological 
trauma. 
(B) Attempting to engage in or engaging 
in rape, sexual assault, or involuntary sexual 
intercourse. 
(C) 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 
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place the person in reasonable fear of bodily in-
jury or physical harm. 
(D) Subjecting another person to false im-
prisonment or kidnapping. 
(E) 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, the term 
includes a person who is a beneficiary covered by a 
group policy, certificate, or health benefit plan. For 
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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 includes employers who provide or 
make available employment benefits through an em-
ployee benefit plan, as defined in section 3(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 102(3)). The term also includes health 
carriers, health benefit plans, and life, disability, and 
property 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; 
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(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 re-
issue, or canceling or otherwise terminating an in-
surance 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. 
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(b) PROHIBITION ON LIMITATION OF CLAIMS.—No 
insurer may, directly or indirectly, deny or limit payment 
to an insured who is a subject of abuse if the claim for 
payment is a result of the 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-
voluntarily and the subject of abuse does not qualify 
for an extension of coverage under part 6 of subtitle 
B of title I of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec-
tion 4980B of the Internal Revenue Code of 1986. 
(2) PAYMENT OF PREMIUMS.—Nothing in para-
graph (1) shall be construed to prohibit the insurer 
from requiring that the subject of abuse pay the full 
premium for the subject’s coverage under the health 
plan if the requirements are applied to all insured of 
the health carrier. 
(3) EXCEPTION.—An insurer may terminate 
group coverage to which this subsection applies after 
the continuation coverage period required by this 
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