549
able under title II of the Social Security Act for months
after the month in which this subtitle is enacted. The
Commissioner of Social Security (without the necessity of
any application therefor) shall redetermine the amount of
any widow’s or widower’s insurance benefit which is pay-
able for the month in which this subtitle is enacted in
order to reflect such amendments as provided in the pre-
ceding sentence.
TITLE V—ECONOMIC IMPACT OF
DOMESTIC VIOLENCE
Subtitle A—Workplace Violence
Prevention Tax Credit
SEC. 51001. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) there is an increasing awareness by the
business community and the country as a whole re-
garding the serious problem of workplace violence
against women;
(2) there is an increased recognition that work-
place violence against women has severe implications
for the health, safety, and economic well-being of
women, as well as the efficiency and profitability of
American companies;
(3) recent crime statistics clearly show the seri-
ous threat of workplace violence against women;
550
(4) homicide is the leading cause of death for
women on the job, and husbands, boyfriends, and
ex-partners commit 15 percent of all workplace
homicides against women;
(5) an estimated 8 percent of all rapes occur
while victims are working or on duty, at an average
annual number of 13,000 workplace rapes each year;
(6) husbands and boyfriends commit 13,000
acts of violence against women in the workplace
every year;
(7) women are more likely than men to be at-
tacked at work by someone known to them, and 5
percent of women victimized at work are attacked by
a husband, boyfriend, or ex-partner;
(8) surveys of business executives and corporate
security directors also underscore the heavy toll that
workplace violence takes on American women and
American businesses;
(9) 49 percent of senior executives recently sur-
veyed said domestic violence has a harmful effect on
their company’s productivity, 47 percent said spous-
al abuse negatively impacts attendance, and 44 per-
cent said domestic violence increases health care
costs;
551
(10) 94 percent of corporate security and safety
directors at companies nationwide rank domestic vio-
lence as a high-risk security problem;
(11) the public and private sectors—including
the legal, medical, social services, business, and reli-
gious communities—must come together to combat
violence against women in the workplace; and
(12) the Congress, too, must play a role in en-
couraging companies to promulgate workplace edu-
cation and safety programs to combat violence
against women.
SEC. 51002. CREDIT FOR COSTS TO EMPLOYERS OF IMPLE-
MENTING WORKPLACE SAFETY PROGRAMS
TO COMBAT VIOLENCE AGAINST WOMEN.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
‘‘SEC. 45C. 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 violence against women
safety and education costs paid or incurred by such em-
ployer during the taxable year.
552
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) VIOLENCE AGAINST WOMEN SAFETY AND
EDUCATION COST.—
‘‘(A) IN
GENERAL.—The term ‘violence
against women safety and education cost’
means any cost certified by the Attorney Gen-
eral to the Secretary as being for the purpose
of—
‘‘(i) ensuring the safety of employees
from violent crimes against women,
‘‘(ii) providing counseling to employ-
ees with respect to violent crimes against
women,
‘‘(iii) providing legal or medical serv-
ices to employees subjected to, or at risk
from, violent crimes against women,
‘‘(iv) educating employees about the
issue of violent crimes against women, or
‘‘(v) implementing human resource or
personnel policies initiated to protect em-
ployees from violent crimes against women.
‘‘(B) TYPES
OF
COSTS.—Such term in-
cludes costs certified by the Attorney General to
the Secretary as being for the purpose of—
553
‘‘(i) the hiring of new security person-
nel in order to address violent crimes
against women,
‘‘(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 violent
crimes against women,
‘‘(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 violent crimes against
women,
‘‘(iv) the establishment of a hotline or
a counseling service about violent crimes
against women, for the use of individual
employees,
‘‘(v) the retention of an attorney to
provide legal services to employees seeking
restraining orders or other legal recourse
from violent crimes against women,
‘‘(vi) the establishment of medical
services addressing the medical needs of
554
employees who are victims of violent crimes
against women,
‘‘(vii) the retention of a financial ex-
pert or an accountant to provide financial
counseling to employees seeking to escape
from violent crimes against women,
‘‘(viii) the establishment of an edu-
cation program for employees, consisting of
seminars or training sessions about violent
crimes against women,
‘‘(ix) studies of the cost, impact, or
extent of violent crimes against women at
the employer’s place of business, if such
studies are made available to the public
and protect the identity of employees in-
cluded in the study,
‘‘(x) the publication of a regularly dis-
seminated newsletter or other regularly
disseminated educational materials about
violent crimes against women,
‘‘(xi) the implementation of leave poli-
cies for the purpose of allowing victims of
violent crimes against women to pursue
legal redress against assailants, including
leave from work to attend meetings with
555
attorneys, to give evidentiary statements or
depositions, and to attend hearings or
trials in court,
‘‘(xii) the implementation of flexible
work policies for the purpose of allowing
employees who are victims of violent crimes
against women, or employees at risk with
respect to such crimes, to avoid assailants,
or
‘‘(xiii) the implementation of transfer
policies for the purpose of allowing employ-
ees subjected to violent crimes against
women to change office locations within
the company in order to avoid assailants,
including payment of costs for the transfer
and relocation of an employee to another
city, county, State, or country for the pur-
pose of maintaining the employee’s safety
from violent crimes against women.
‘‘(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 vio-
lence against women safety and education cost
556
unless the employer notifies the employee in
writing of the possibility of such inclusion.
‘‘(2) VIOLENT CRIMES AGAINST WOMEN.—
‘‘(A) IN
GENERAL.—The term ‘violent
crimes against women’ includes sexual assault
and domestic violence.
‘‘(B) DOMESTIC
VIOLENCE.—The term
‘domestic violence’ includes felony or mis-
demeanor crimes of violence committed by—
‘‘(i) a current or former spouse of the
victim,
‘‘(ii) a person with whom the victim
shares a child in common,
‘‘(iii) a person who is cohabitating
with or has cohabitated with the victim as
a spouse,
‘‘(iv) a person similarly situated to a
spouse of the victim under the domestic vi-
olence or family laws of the jurisdiction in
which the employee resides or the employer
is located, or
‘‘(v) any other adult person against a
victim who is protected from the person’s
acts under the domestic or family violence
557
laws of the jurisdiction in which the em-
ployee resides or the employer is located.
‘‘(3) EMPLOYEE AND EMPLOYER.—
‘‘(A) IN GENERAL.—The term ‘employee’
includes any employee of the employer or of any
related person, and any spouse or dependent of
such an employee.
‘‘(B) PARTNERS
AND
PARTNERSHIPS.—
The term ‘employee’ includes a partner and the
term ‘employer’ includes a partnership.
‘‘(C) RELATED
PERSONS.—Persons shall
be treated as related to each other if such per-
sons are treated as a single employer under
subsection (a) or (b) of section 52.
‘‘(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) CARRYFORWARD, CARRYBACK, AND DEDUCTION
FOR UNUSED CREDITS.—
(1) CARRYFORWARD
AND
CARRYBACK.—Sub-
section (a) of section 38 of such Code (relating to
general business credit) is amended by striking
‘‘plus’’ at the end of paragraph (10), by striking the
period at the end of paragraph (11) and inserting ‘‘,
558
plus’’, and by adding at the end the following new
paragraph:
‘‘(12) the workplace safety program credit de-
termined under section 45C.’’
(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 new paragraph:
‘‘(7) NO CARRYBACK OF SECTION 45C 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 45C may be carried back
to a taxable year beginning on or before the date of
the enactment of section 45C.’’
(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
(6), by striking the period at the end of paragraph
(7) and inserting ‘‘, and’’, and by adding at the end
the following new paragraph:
‘‘(8) the workplace safety program credit deter-
mined under section 45C.’’
559
(c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—
The allowance of a credit under section 45C of the Inter-
nal Revenue Code of 1986 (as added by this subtitle) 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 such Code is amended by adding at the end the follow-
ing new item:
‘‘Sec. 45C. Workplace safety program credit.’’
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this subtitle.
Subtitle B—Insurance Protection
for Victims of Domestic Violence
SEC. 52001. PROHIBITION OF HEALTH INSURANCE DIS-
CRIMINATION WITH RESPECT TO VICTIMS OF
DOMESTIC VIOLENCE.
The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended by adding at the end the following new
title:
560
‘‘TITLE XXVII—PROHIBITION OF
HEALTH 
INSURANCE 
DIS-
CRIMINATION WITH RESPECT
TO VICTIMS OF DOMESTIC VI-
OLENCE
‘‘SEC. 2701. LIMITATIONS ON UNDERWRITING.
‘‘An insurer may not deny or cancel health insurance,
or vary the terms and conditions of health insurance—
‘‘(1) to an individual on the basis that the indi-
vidual or family member—
‘‘(A) is, has been, or may be the subject of
an act of domestic violence;
‘‘(B) has had prior injuries that resulted
from an act of domestic violence;
‘‘(C) seeks, has sought, or should have
sought medical or psychological treatment for
protection against an act of domestic violence;
or
‘‘(D) seeks, has sought, or should have
sought shelter from an act of domestic violence;
or
‘‘(2) to or for a group or employer on the basis
that the group includes or the employer employs, or
provides or subsidizes insurance for, an individual
described in paragraph (1).
561
‘‘SEC. 2702. LIMITATION ON DISCLOSURE OF INFORMATION.
‘‘(a) PROHIBITION.—Except as provided in para-
graph (2), regardless of the manner in which information
was received, an insurer may not disclose or be compelled
(by subpoena or any other means) to disclose information
concerning the status of an individual as a victim of do-
mestic violence (including the relationship of a medical
condition to an incident or pattern of domestic violence),
or the status of an individual as a family member, em-
ployer, associate, or person in a relationship with an indi-
vidual who is the victim of domestic violence, unless the
individual involved provides a written authorization.
‘‘(b) EXCEPTION.—Notwithstanding paragraph (1),
information concerning the abuse status of an individual
may be disclosed if such disclosure—
‘‘(1) is required under the specific order of a
Federal or State court; or
‘‘(2) is required by the State Insurance Com-
missioner.
‘‘SEC. 2703. ESTABLISHMENT OF STANDARDS.
‘‘(a) ROLE OF NATIONAL ASSOCIATION OF INSUR-
ANCE COMMISSIONERS.—
‘‘(1) IN GENERAL.—The Secretary shall request
the National Association of Insurance Commis-
sioners to develop, in consultation with nonprofit do-
mestic violence victim advocacy organizations, within
562
9 months after the date of the enactment of this
title, model standards that incorporate the limita-
tions on underwriting set forth in section 2701, and
provide procedures for enforcement for such provi-
sions, including a private right of action.
‘‘(2) REVIEW OF STANDARDS.—If the Associa-
tion develops recommended regulations specifying
the standards within the period, the Secretary shall
review the standards. The review shall be completed
within 90 days after the date the regulations are de-
veloped. Unless the Secretary determines within the
period that such standards do not meet the require-
ments, such standards shall serve as the standards
under this title, with such amendments as the Sec-
retary determines to be necessary.
‘‘(b) CONTINGENCY.—If the Association does not de-
velop the model regulations within the 9 month period be-
ginning on the date of the enactment of this title, or the
Secretary determines that the regulations do not specify
standards that meet the requirements described in sub-
section (a), the Secretary shall specify, within 15 months
after the date of the enactment of this title, standards to
carry out the requirements.
‘‘(c) APPLICATION OF STANDARDS.—
563
‘‘(1) IN GENERAL.—Each State shall submit to
the Secretary, by the deadline specified in paragraph
(2), a report on actions the State is taking to imple-
ment and enforce the standards established under
this section with respect to insurers and health in-
surance coverage offered or renewed not later than
such deadline.
‘‘(2) DEADLINE
FOR
REPORT.—Each State
shall file the report described in paragraph (1) not
later than 1 year after the date that standards are
established under subsection (a) or, in the event of
the failure of the Association to develop timely model
regulations, under subsection (b).
‘‘(d) FEDERAL ROLE.—
‘‘(1) NOTICE OF DEFICIENCY.—If the Secretary
determines that a State has failed to submit a report
by the deadline specified by subsection (c), or finds
that the State has not implemented and provided
adequate enforcement of the standards established
under subsection (a) or (b), the Secretary shall no-
tify the State and provide the State a period of 60
days in which to submit the report.
‘‘(2) IMPLEMENTATION OF ALTERNATIVE EN-
FORCEMENT MECHANISM.—
564
‘‘(A) IN GENERAL.—If, after the 60-day
period, the Secretary finds that such a failure
has not been corrected, the Secretary shall
within 30 days provide for a mechanism for the
implementation and enforcement of such stand-
ards in the State as the Secretary determines to
be appropriate.
‘‘(B) CIVIL PENALTY.—Under any imple-
mentation and enforcement mechanism estab-
lished by the Secretary pursuant to this para-
graph, the Secretary shall have the authority to
impose on an insurer a civil monetary penalty
in the amount of $10,000 for each day during
which such insurer violates the requirements
described in section 2701, or the standards de-
veloped under this section. Liability for such
penalty shall begin to accrue on the 30th day
after the Secretary has provided such insurer
with notice of its noncompliance, if the insurer
has failed to correct the deficiency by such date.
‘‘(C) EFFECTIVE PERIOD.—Any such im-
plementation and enforcement mechanism es-
tablished by the Secretary shall take effect with
respect to insurers, and health insurance cov-
erage offered or renewed, on or after 3 months
565
after the date of the Secretary’s finding under
paragraph (1), and until the date the Secretary
finds that such a failure has been corrected.
‘‘(3) FEDERAL CIVIL RIGHT OF ACTION.—
‘‘(A) IN
GENERAL.—Any individual
aggrieved as a result of conduct prohibited
by section 2701 may bring a civil action in
the appropriate United States district
court against the insurer.
‘‘(B) RELIEF.—Upon proof of such
conduct by a preponderance of the evi-
dence, the insurer shall be subject to a civil
penalty that may include temporary, pre-
liminary, or permanent injunctive relief
and compensatory and punitive damages,
as well as the costs of suit and reasonable
fees for the aggrieved individual’s attor-
neys. With respect to compensatory dam-
ages, the aggrieved individual may elect, at
any time prior to the rendering of final
judgment, to recover in lieu of actual dam-
ages, an award of statutory damages in the
amount of $5,000 for each violation.
566
‘‘SEC. 2704. APPLICATION TO GROUP HEALTH PLANS AND
ENFORCEMENT.
‘‘(a) APPLICATION.—Subject to subsection (b), the
prohibitions in section 2701 and the standards developed
under section 2702 shall apply to group health plans pro-
viding health coverage in the same manner as they apply
to insurers providing health insurance coverage. The pen-
alty described in section 2702(d)(2)(B) may be imposed
by the Secretary of Labor on group health plans that are
not in compliance with the requirements of sections 2701
and 2702.
‘‘(b) SUBSTITUTION OF FEDERAL OFFICIALS.—For
purposes of subsection (a), any reference in section 2702
to—
‘‘(1) a State or the Secretary of Health and
Human Services is deemed to be a reference to the
Secretary of Labor; and
‘‘(2) an insurer or health insurance coverage is
deemed to be a reference to a group health plan and
health coverage, respectively.
‘‘(c) ENFORCEMENT.—For purposes of part 5 of sub-
title B of title I of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C 1131 et seq.) the provisions
of this title insofar as they relate to group health plans
shall be deemed to be provisions of title I of such Act irre-
spective of exclusions under section 4(b) of such Act.
567
‘‘(d) REGULATORY AUTHORITY.—With respect to the
regulatory authority of the Secretary of Labor under this
title pursuant to subsection (c), section 505 of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1135) shall apply.
‘‘SEC. 2705. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) ACT OF DOMESTIC VIOLENCE.—The term
‘act of domestic violence’ means the occurrence of
one or more of the following acts between family or
household members, current or former sexual or inti-
mate partners, or persons sharing biological parent-
hood—
‘‘(A) attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury,
rape, or sexual abuse as such term is defined in
section 2242 of title 18, United States Code;
‘‘(B) placing, by physical menace, another
individual in reasonable fear of imminent seri-
ous bodily injury;
‘‘(C) infliction of false imprisonment; or
‘‘(D) physically or sexually abusing minor
children.
568
‘‘(2) ASSOCIATION.—The term ‘Association’
means the National Association of Insurance Com-
missioners.
‘‘(3) INSURER.—
‘‘(A) IN
GENERAL.—The term ‘insurer’
means a health benefit plan or a health care
provider that conducts activities related to the
protection of public health.
‘‘(B) HEALTH BENEFIT PLAN.—The term
‘health benefit plan’ means any public or pri-
vate entity or program that provides for pay-
ments for health care, including—
‘‘(i) a group health plan (as defined in
section 607 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1167)) or a multiple employer welfare ar-
rangement (as defined in section 3(40) of
such Act) that provides health benefits;
and
‘‘(ii) any other health insurance ar-
rangement, including any arrangement
consisting of a hospital or medical expense
incurred policy or certificate, hospital or
medical service plan contract, or health
569
maintenance organization subscriber con-
tract.
‘‘(C) HEALTH CARE PROVIDER.—The term
‘health care provider’ means a provider of serv-
ices (as defined in section 1861(u) of the Social
Security Act (42 U.S.C. 1395u)), a physician,
a supplier, or any other person furnishing
health care, including a Federal or State pro-
gram that provides directly for the provision of
health care to beneficiaries.’’.
Subtitle C—Fairness to Minority
Women Health
SEC. 53001. EXCEPTION TO AFDC INCOME AND RESOURCES
ATTRIBUTION RULE FOR CERTAIN BATTERED
ALIENS.
(a) IN GENERAL.—Section 415(f) of the Social Secu-
rity Act (42 U.S.C. 615(f)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘who is—’’ and inserting ‘‘who—’’;
(2) in each of paragraphs (1) and (2), by in-
serting ‘‘is’’ before ‘‘admitted’’;
(3) in paragraph (3), by inserting ‘‘is’’ before
‘‘paroled’’;
(4) in paragraph (4)—
570
(A) by inserting ‘‘is’’ before ‘‘granted’’;
and
(B) by striking ‘‘or’’ at the end;
(5) in paragraph (5)—
(A) by inserting ‘‘is’’ before ‘‘a Cuban’’;
and
(B) by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following:
‘‘(6) is battered by, or is the subject of extreme
cruelty (including physical acts resulting in physical
injury or a threat of physical injury, sexual abuse,
rape, or mental abuse) perpetrated by, the spouse or
other person who executed the affidavit of support
or similar agreement referred to in subsection (a)
with respect to the alien, but only after the first day
on which the battery or cruelty occurs after the alien
enters into the United States; or
‘‘(7) is a dependent child, and a relative with
whom the child is living is battered by, or is the sub-
ject of extreme cruelty (including physical acts re-
sulting in physical injury or a threat of physical in-
jury, sexual abuse, rape, or mental abuse) per-
petrated by, the parent or other person who executed
the affidavit of support or similar agreement re-
571
ferred to in subsection (a) with respect to the alien,
but only after the first day on which the battery or
cruelty occurs after the alien enters into the United
States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 90 days after the date of
the enactment of this subtitle.
SEC. 53002. AMENDMENT TO THE FOOD STAMP ACT OF 1977.
(a) IN GENERAL.—Section 5(i) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(i)) is amended by adding at
the end the following:
‘‘(F) If an alien is battered by the alien’s sponsor,
or is the subject of extreme cruelty perpetrated by the
sponsor, after such alien enters the United States, then
after the date the battery or cruelty occurs, this subsection
(other than subparagraph (E) of paragraph (2)) shall not
apply with respect to such alien and to any child of such
alien less than 18 years of age and residing with such
alien.’’.
(b) The amendment made by subsection (a) shall take
effect 90 days after the date of the enactment of this sub-
title.
572
SEC. 53003. REQUIRING CERTAIN RECIPIENTS OF FEDERAL
FINANCIAL ASSISTANCE TO HAVE PERSON-
NEL AVAILABLE WHO SPEAK PREDOMINANT
LANGUAGE USED IN AREA.
(a) PROVIDERS
OF OBSTETRICAL
AND GYNECO-
LOGICAL SERVICES.—
(1) MEDICAID.—Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (14);
(B) by striking the period at the end of
paragraph (15) and inserting ‘‘; or’’; and
(C) by inserting after paragraph (15) the
following new paragraph:
‘‘(16) with respect to any amount expended for
obstetrical or gynecological services furnished by or
through a hospital, clinic, or other institutional pro-
vider, unless the hospital, clinic, or provider has
available at least one individual who is able to com-
municate in the predominant language used by resi-
dents of the area in which the hospital, clinic, or
provider is located (as determined by the Secretary
on the basis of information provided by the Sec-
retary of Commerce pursuant to the most recent de-
cennial census).’’.
573
(2) FAMILY
PLANNING
SERVICES.—Section
1001 of the Public Health Service Act (42 U.S.C.
300) is amended—
(A) by redesignating subsections (c) and
(d) as subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the
following subsection:
‘‘(c) The Secretary may make a grant under this sec-
tion only if the applicant involved agrees to ensure that,
of the individuals providing services under the grant, at
least one will be an individual who is able to communicate
in the predominant language used by residents of the area
in which the family planning project involved is located
(as determined by the Secretary on the basis of informa-
tion provided by the Secretary of Commerce pursuant to
the most recent decennial census).’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to services furnished
on or after October 1, 1996.
(b) DOMESTIC VIOLENCE SHELTERS.—
(1) IN GENERAL.—The Family Violence Pre-
vention and Services Act (42 U.S.C. 10401 et seq.)
is amended by adding at the end the following new
section:
574
‘‘SEC. 319. AVAILABILITY OF BILINGUAL SERVICES.
‘‘No funds may be made available under this title for
any provider of shelter or related assistance unless the
provider has available at least one individual who is able
to communicate in the predominant language used by resi-
dents of the area in which the provider is located (as deter-
mined by the Secretary on the basis of information pro-
vided by the Secretary of Commerce pursuant to the most
recent decennial census).’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to funds made available
on or after October 1, 1996.
SEC. 53004. STUDY REGARDING DOMESTIC VIOLENCE AND
LATINA WOMEN.
(a) IN GENERAL.—With respect to cases of domestic
violence in which Latina women are the victims, the Sec-
retary of Health and Human Services, in consultation with
the Attorney General of the United States, shall conduct
a study for the following purposes:
(1) To determine the incidence of such cases,
and to provide a comparison of such estimate with
the relevant incidence for other populations of
women (utilizing existing data regarding such other
populations).
(2) To determine whether and to what extent
the causes and effects for such cases are different
575
than for cases of domestic violence in which other
populations of women are the victims (utilizing exist-
ing data regarding such other populations).
(b) REPORT.—Not later than 3 years after the date
of the enactment of this subtitle, the Secretary of Health
and Human Services shall submit to the Congress a report
describing the findings made in the study under subsection
(a).
Subtitle D—Battered Women’s
Employment Protection
SEC. 54001. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) violence against women is the leading cause
of physical injury to women, and the Department of
Justice estimates that intimate partners commit
more than one million violent crimes against women
every year;
(2) the Bureau of Labor Statistics predicts that
women will account for two-thirds of all new en-
trants into the workforce between now and the year
2000;
(3) violence against women dramatically affects
women’s workforce participation, insofar as one-
quarter of battered women surveyed had lost a job
due at least in part to the effects of domestic vio-
576
lence, and over half had been harassed by their
abuser at work;
(4) the availability of economic support is a
critical factor in women’s ability to leave abusive sit-
uations that threaten them and their children, and
over half of battered women surveyed stayed with
their batterers because they lacked resources to sup-
port themselves and their children;
(5) a report by the New York City Victims
Services Agency found that abusive spouses and
lovers harass 74 percent of battered women at work
and 54 percent of battering victims miss at least 3
days of work per month and 56 percent are late for
work at least 5 times per month, and a University
of Minnesota study found that 24 percent of women
in support groups for battered women had lost a job
partly because of being abused;
(6) a survey of State unemployment insurance
agency directors by the Federal Advisory Council on
Unemployment Compensation found that in 31
States battered women who leave work as a result
of domestic violence do not qualify for unemploy-
ment benefits, in 9 States the determination often
varies depending on the facts and circumstances,
577
and in only 13 States are they usually considered
qualified for unemployment benefits;
(7) a study by the New York State Department
of Labor found that, when filing for unemployment
insurance benefits, domestic violence victims fre-
quently hide their victimization and do not disclose
the domestic violence as a reason for their problems
with the job or need to separate from employment;
(8) the same New York State study found that
75 percent of employed victims of domestic violence
must communicate with doctors, lawyers, shelters,
counselors, family and friends from their workplaces
because they cannot do so at home;
(9) 49 percent of senior executives recently sur-
veyed said domestic violence has a harmful effect on
their company’s productivity, 47 percent said domes-
tic violence negatively affects attendance, and 44
percent said domestic violence increases health care
costs, and the Bureau of National Affairs estimates
that domestic violence costs employers between 3
and 5 billion dollars per year; and
(10) existing Federal and State legislation does
not expressly authorize battered women to take leave
from work to seek legal assistance and redress,
578
counseling, or assistance with safety planning and
activities.
(b) PURPOSES.—Pursuant to the affirmative power
of Congress to enact this subtitle under section 5 of the
Fourteenth Amendment to the Constitution, as well as
under section 8 of Article I of the Constitution, the pur-
poses of this subtitle are—
(1) to promote the national interest in reducing
domestic violence by enabling victims of domestic vi-
olence to maintain the financial independence nec-
essary to leave abusive situations, to achieve safety
and minimize the physical and emotional injuries
from domestic violence, and to reduce the devastat-
ing economic consequences of domestic violence,
by—
(A) providing unemployment insurance for
victims of domestic violence who are forced to
leave their employment as a result of domestic
violence; and
(B) entitling employed victims of domestic
violence to take reasonable leave to seek medi-
cal help, legal assistance, counseling, and safety
planning and assistance without penalty from
their employer;
579
(2) to promote the purposes of the Fourteenth
Amendment by protecting the civil and economic
rights of victims of domestic violence and by further-
ing the equal opportunity of women and men to em-
ployment and economic self-sufficiency;
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and
harmful effects on productivity, health care costs,
and employer costs from domestic violence; and
(4) to accomplish the purposes described in
paragraphs (1) , (2) and (3) in a manner that ac-
commodates the legitimate interests of employers.
SEC. 54002. UNEMPLOYMENT COMPENSATION.
(a) 
UNEMPLOYMENT
COMPENSATION.—Section
3304(a) of the Internal Revenue Code of 1986 is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(18),
(2) by striking the period at the end of para-
graph (19) and inserting ‘‘; and’’,
(3) by adding after paragraph (19) the follow-
ing:
‘‘(20) compensation is to be provided where an
individual is separated from employment due to cir-
580
cumstances directly resulting from the individual’s
experience of domestic violence.’’,
(4) by redesignating subsections (b) through (f)
as subsections (c) through (g), respectively, and
(5) by adding after subsection (a) the following:
‘‘(b) CONSTRUCTION.—
‘‘(1) For the purpose of determining, under
subsection (a)(20), whether an employee’s separation
from employment is ‘directly resulting’ from the in-
dividual’s experience of domestic violence, it shall be
sufficient if the separation from employment re-
sulted from—
‘‘(A) the employee’s reasonable fear of fu-
ture domestic violence at or en route to or from
her place of employment;
‘‘(B) the employee’s wish to relocate to an-
other geographic area in order to avoid future
domestic violence against the employee or the
employee’s family;
‘‘(C) the employee’s need to recover from
traumatic stress resulting from the employee’s
experience of domestic violence;
‘‘(D) the employer’s denial of the employ-
ee’s request for temporary leave from employ-
ment to deal with domestic violence and its
581
aftermath, as provided in section 54003 of the
Economic Equity Act of 1996; or
‘‘(E) any other respect in which domestic
violence causes the employee to reasonably be-
lieve that termination of employment is nec-
essary for the future safety of the employee or
the employee’s family.
‘‘(2) For purposes of subsection (a)(20), where
State law requires the employee to have made rea-
sonable efforts to retain employment as a condition
for receiving unemployment compensation, it shall be
sufficient that the employee—
‘‘(A) sought protection from or assistance
in responding to domestic violence, including
calling the police or seeking legal, social work,
medical, clergy, or other assistance;
‘‘(B) sought safety, including refuge in a
shelter or temporary or permanent relocation,
whether or not the employee actually obtained
such refuge or accomplished such relocation; or
‘‘(C) reasonably believed that options such
as a leave, transfer, or alternative work sched-
ule would not be sufficient to guarantee the em-
ployee or the employee’s family’s safety.
582
‘‘(3) For purposes of subsection (a)(20), where
State law requires the employee to actively search
for employment after separation from employment
as a condition for receiving unemployment com-
pensation, such requirement shall be deemed to be
met where the employee is temporarily unable to ac-
tively search for employment because the employee is
engaged in seeking safety or relief for the employee
or the employee’s family from domestic violence, in-
cluding—
‘‘(A) going into hiding or relocating or at-
tempting to do so, including activities associ-
ated with such relocation or hiding, such as
seeking to obtain sufficient shelter, food, school-
ing for children, or other necessities of life for
the employee or the employee’s family;
‘‘(B) actively pursuing legal protection or
remedies, including meeting with the police,
going to court to make inquiries or file papers,
meeting with attorneys, or attending court pro-
ceedings; or
‘‘(C) participating in psychological, social,
or religious counseling or support activities to
assist the employee in ending domestic violence.
583
‘‘(4) In determining if an employee meets the
requirements of paragraphs (1), (2), and (3), the
employer or reviewer of any claim of an employee
may require the employee to provide a statement
along with—
‘‘(A) documentation, such as police or
court records, or documentation from a shelter
worker, attorney, clergy, medical or other pro-
fessional from whom the employee has sought
assistance in dealing with domestic violence; or
‘‘(B) other corroborating evidence, such as
a statement from any other individual with
knowledge of the circumstances which provide
the basis for the claim, or physical evidence of
domestic violence, such as photographs, torn or
bloody clothes, etc.’’
(b) SOCIAL SECURITY PERSONNEL TRAINING.—Sec-
tion 303(a) of the Social Security Act (42 U.S.C.
503(a)(4)) is amended by redesignating paragraphs (4)
through (10) as paragraphs (5) through (11), respectively,
and by adding after paragraph (3) the following:
‘‘(4) Such methods of administration as will en-
sure that claims reviewers and hearing personnel are
adequately trained in the nature and dynamics of
domestic violence and in methods of ascertaining in-
584
formation about possible experiences of domestic vio-
lence, so that employment separations stemming
from domestic violence are reliably screened, identi-
fied, and adjudicated.’’.
(c) DEFINITIONS.—Section 3306 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the
following:
‘‘(u) DOMESTIC VIOLENCE.—The term ‘domestic vio-
lence’ includes abuse committed against an employee or
a family member of the employee by—
‘‘(1) a current or former spouse of the em-
ployee;
‘‘(2) a person with whom the employee shares
a child in common;
‘‘(3) a person who is cohabitating with or has
cohabitated with the employee as a romantic or inti-
mate partner; or
‘‘(4) a person from whom the employee would
be eligible for protection under the domestic vio-
lence, protection order, or family laws of the juris-
diction in which the employee resides or the em-
ployer is located.
‘‘(v) ABUSE.—The term ‘abuse’ includes—
‘‘(1) physical acts resulting in, or threatening to
result in, physical injury;
585
‘‘(2) sexual abuse, sexual activity involving a
dependent child, or threats of or attempts at sexual
abuse;
‘‘(3) mental abuse, including threats, intimida-
tion, acts designed to induce terror, or restraints on
liberty; and
‘‘(4) deprivation of medical care, housing, food
or other necessities of life.’’.
SEC. 54003. LEAVE FROM EMPLOYMENT.
(a) IN GENERAL.—Employers subject to the Federal
Family and Medical Leave Act (29 U.S.C. 2601 et seq),
any State law addressing family, medical, sick, or other
kind of leave from employment, or an employment benefits
program or policy or collective bargaining agreement ad-
dressing family, medical, sick, or other kind of leave from
employment, shall provide leave to employees seeking tem-
porary absences from employment to deal with domestic
violence and its aftermath in accordance with this section.
(b) EXISTING LEAVE USEABLE FOR DOMESTIC VIO-
LENCE.—Where family, medical, sick, or any other kind
of leave from employment is available to employees pursu-
ant to the Federal Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.), any State law, an existing em-
ployment benefits program or plan, or collective bargain-
ing agreement, employees shall be entitled to use such
586
leave for the purpose of dealing with domestic violence and
its aftermath.
(c) MINIMUM LEAVE FOR DOMESTIC VIOLENCE.—
(1) IN GENERAL.—Any employee who is not en-
titled to leave from employment for the purpose of
dealing with domestic violence and its aftermath
pursuant to subsection (b) or who has used up the
employee’s available leave pursuant to subsection (b)
and who is not an employee who has taken 12 weeks
of leave for the purpose of dealing with domestic vio-
lence and its aftermath, shall be entitled to take up
to 10 days per year of unpaid leave without penalty,
for that purpose.
(2) SUBSTITUTION.—An employee may elect, or
an employer may require the employee, to substitute
accrued paid leave for any part of the 10 days of un-
paid leave provided under paragraph (1).
(d) DEALING WITH DOMESTIC VIOLENCE AND ITS
AFTERMATH.—The following activities constitute means
of ‘‘dealing with domestic violence and its aftermath,’’
which shall render an employee eligible for leave under this
section:
(1) Experiencing domestic violence.
(2) Seeking medical attention for injuries
caused by domestic violence, except for ‘‘serious
587
health conditions’’ where covered by the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
(3) Seeking legal assistance or remedies, includ-
ing communicating with the police or an attorney, or
participating in any legal proceeding related to do-
mestic violence.
(4) Attending support groups for victims of do-
mestic violence.
(5) Obtaining psychological counseling related
to experiences of domestic violence.
(6) Participating in safety planning and other
actions to increase safety from future domestic vio-
lence, including temporary or permanent relocation.
(7) Any other activity necessitated by domestic
violence which must be undertaken during hours of
employment.
(e) CONSTRUCTION.—In determining if an employee
meets the requirements of subsections (b), (c), and (d),
the employer or reviewer of any claim of an employee may
require the employee to provide a statement along with—
(1) documentation, such as police or court
records, or documentation from a shelter worker, at-
torney, clergy, medical or other professional from
whom the employee has sought assistance in dealing
with domestic violence; or
588
(2) other corroborating evidence, such as a
statement from any other individual with knowledge
of the circumstances which provide the basis for the
claim, or physical evidence of domestic violence, such
as photographs, torn or bloody clothes, etc.
(f) ENFORCEMENT.—
(1) PUBLIC ENFORCEMENT.—The Secretary of
Labor shall have the powers set forth in subsections
(b), (c), (d) and (e) of section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617) for the
purpose of public enforcement of any alleged viola-
tions of this section against any employer.
(2) PRIVATE ENFORCEMENT.—
(A) PRIVATE
AND
FEDERAL
EMPLOY-
ERS.—The remedies and procedures set forth in
subsection (a) of section 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617)
shall be the remedies and procedures pursuant
to which an employee may initiate a legal action
against a Federal or private employer for al-
leged violations of this section.
(B) STATE EMPLOYERS.—
(i) QUI TAM ACTIONS.—
(I) An employee of a State em-
ployer may bring a civil action for a
589
violation of this section for the em-
ployee and for the United States Gov-
ernment (referred to as a ‘Qui Tam’
action). The action shall be brought in
the name of the United States Gov-
ernment. The action may be dismissed
only if the court and the Secretary of
Labor give written consent to the dis-
missal stating their reasons for con-
senting. The Qui Tam plaintiff may
recover damages or injunctive relief to
the same extent provided in subpara-
graph (A).
(II) The right provided by sub-
clause (I) to bring a Qui Tam action
shall terminate on the filing of a com-
plaint by the Secretary of Labor in an
action seeking damages or monetary
relief on behalf of the affected em-
ployee under paragraph (1) unless
that action is dismissed without preju-
dice on motion of the Secretary of
Labor.
(3) 
EMPLOYER
LIABILITY
UNDER
OTHER
LAWS.—Nothing in this section shall be construed to
590
limit the liability of an employer to an employee for
harm suffered relating to the employee’s experience
of domestic violence pursuant to any other State or
Federal law or legal remedy.
(g) DEFINITIONS.—For purposes of this section:
(1) EMPLOYER.—The term ‘employer’ includes
any person subject to the Federal Family and Medi-
cal Leave Act of 1993 (29 U.S.C. 2601 et seq.) or
any State law addressing family, medical, sick, or
any other kind of leave from employment, or any
employer granting family, medical, sick, or other
kind of leave from employment under an employ-
ment benefits program or policy or collective bar-
gaining agreement in effect as of the date of enact-
ment of this subtitle.
(2) EMPLOYEE.—The term ‘employee’ refers to
any person eligible to receive leave pursuant to the
Federal Family and Medical Leave Act of 1993 (29
U.S.C. 2601 et seq.), any State law addressing med-
ical, family, sick, or other kind of leave from employ-
ment, or an employment benefits program or policy
or collective bargaining agreement in effect as of the
date of enactment of this subtitle.
(3) DOMESTIC VIOLENCE.—The term ‘domestic
violence’ has the meaning assigned to such term by
591
section 3306(u) of the Internal Revenue Code of
1986.
SEC. 54004. EFFECT ON OTHER LAWS AND EMPLOYMENT
BENEFITS.
(1) MORE PROTECTIVE.—Nothing in this sub-
title or the amendments made by this subtitle shall
be construed to supersede any provision of any Fed-
eral, State or local law, collective bargaining agree-
ment, or other employment benefit program which
provides greater unemployment compensation or
leave benefits for employed victims of domestic vio-
lence than the rights established under this subtitle
or such amendments.
(2) LESS PROTECTIVE.—The rights established
for employees under this subtitle or the amendments
made by this subtitle shall not be diminished by any
collective bargaining agreement, any employment
benefit program or plan, or any State or local law.
Subtitle E—Domestic Violence
Legal Services Eligibility
SEC. 55001. INCOME RULE FOR VICTIMS OF DOMESTIC VIO-
LENCE.
Section 1007(a) of the Legal Services Corporation
Act (42 U.S.C. 2996f(a)) is amended by inserting after
and below paragraph (10) the following: ‘‘In establishing
592
income levels under paragraph (2)(A) to determine if a
client is eligible for assistance, the Corporation, in the case
of a client who is the victim of domestic violence, shall
prescribe that only the income of such a client will be con-
sidered in making such determination. For purposes of the
preceding sentence, the term ‘domestic violence’ has the
meaning given such term by section 2003(1) of the Omni-
bus Crime Control and Safe Streets Act of 1988 (42
U.S.C. 3796gg–2(1)).’’.
Æ