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 fol-
lowing 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 de-
termined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Security and Financial Empowerment Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Violence against women has been reported 
to be the leading cause of physical injury to women. 
Such violence has a devastating impact on women’s 
physical and emotional health, financial security, 
and ability to maintain their jobs, and thus impacts 
interstate commerce. 
VerDate Mar 15 2010 
00:21 Oct 28, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(2) Victims of domestic violence, dating vio-
lence, sexual assault, and stalking are particularly 
vulnerable to changes in employment, pay, and bene-
fits, and as a result of their desperate need for eco-
nomic stability, are in particular need of legal pro-
tection. 
(3) The Bureau of National Affairs has esti-
mated that domestic violence costs United States 
employers 
between 
$3,000,000,000 
and 
$5,000,000,000 annually in lost time and produc-
tivity, while other reports have estimated the cost at 
between $5,800,000,000 and $13,000,000,000 annu-
ally. 
(4) United States medical costs for domestic vi-
olence have been estimated to be $31,000,000,000 
per year. The medical cost associated with each inci-
dent of domestic violence ranges from $387 to $948, 
including costs of health care and mental health 
services. 
(5) Domestic violence crimes account for ap-
proximately 15 percent of total crime costs in the 
United States each year. 
(6)(A) According to the National Institute of 
Justice, crime costs an estimated $450,000,000,000 
annually in medical expenses, lost earnings, social 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
service costs, pain, suffering, and reduced quality of 
life for victims, which harms the Nation’s produc-
tivity and drains the Nation’s resources. 
(B) 
Violent 
crime 
accounts 
for 
$426,000,000,000 per year of this amount. 
(C) Rape exacts the highest costs per victim of 
any 
criminal 
offense, 
and 
accounts 
for 
$127,000,000,000 per year of the amount described 
in subparagraph (A). 
(7) Violent crime results in wage losses equiva-
lent to 1 percent of all United States earnings, and 
causes 3 percent of the Nation’s medical spending 
and 14 percent of the Nation’s injury-related med-
ical spending. 
(8) Homicide is the leading cause of death for 
women on the job. Husbands, boyfriends, and ex- 
partners commit 15 percent of workplace homicides 
against women. 
(9) According to a recent study by the National 
Institutes of Health and Centers for Disease Control 
and Prevention, each year there are 5,300,000 non- 
fatal violent victimizations committed by intimate 
partners against women. Female murder victims 
were substantially more likely than male murder vic-
tims to have been killed by an intimate partner. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
About 1⁄3 of female murder victims, and about 4 per-
cent of male murder victims, were killed by an inti-
mate partner. 
(10) Forty-nine percent of senior executives re-
cently surveyed said domestic violence has a harmful 
effect on their company’s productivity, 47 percent 
said domestic violence negatively affects attendance, 
and 44 percent said domestic violence increases 
health care costs. 
(11) Seventy-eight percent of human resources 
professionals consider partner violence a workplace 
issue. However, more than 70 percent of United 
States workplaces have no formal program or policy 
that addresses workplace violence, let alone domestic 
violence. In fact, only 4 percent of employers pro-
vided training on domestic violence. 
(12) Ninety-four percent of corporate security 
and safety directors at companies nationwide rank 
domestic violence as a high security concern. 
(13) Women who have experienced domestic vi-
olence or dating violence are more likely than other 
women to be unemployed, to suffer from health 
problems that can affect employability and job per-
formance, to report lower personal income, and to 
rely on welfare. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(14) Studies indicate that one of the best pre-
dictors of whether a victim will be able to stay away 
from her abuser is her degree of economic independ-
ence. However, domestic violence, dating violence, 
sexual assault, and stalking often negatively impact 
a victim’s ability to maintain employment. 
(15) According to a 1998 report of the General 
Accounting Office, between 1⁄4 and 1⁄2 of domestic 
violence victims surveyed in 3 studies reported that 
they lost a job due, at least in part, to domestic vio-
lence. 
(16) Employees in the United States who have 
been victims of domestic violence, dating violence, 
sexual assault, or stalking too often suffer adverse 
consequences in the workplace as a result of their 
victimization. 
(17) Domestic violence also affects abusers’ 
ability to work. A recent study found that 48 per-
cent of abusers reported having difficulty concen-
trating at work and 42 percent reported being late 
to work. Seventy-eight percent reported using their 
own company’s resources in connection with the abu-
sive relationship. 
(18) Abusers frequently seek to exert financial 
control over their partners by actively interfering 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
with their ability to work, including preventing their 
partners from going to work, harassing their part-
ners at work, limiting the access of their partners to 
cash or transportation, and sabotaging the child care 
arrangements of their partners. 
(19) Studies indicate that between 35 and 56 
percent of employed battered women surveyed were 
harassed at work by their abusive partners. 
(20) More than 1⁄2 of women receiving welfare 
have been victims of domestic violence as adults and 
between 1⁄4 and 1⁄3 of women receiving welfare re-
ported being abused in the last year. 
(21) Victims of domestic violence also fre-
quently miss work due to injuries, court dates, and 
safety concerns requiring legal protections. Victims 
of intimate partner violence lose 8,000,000 days of 
paid work each year, the equivalent of over 32,000 
full-time jobs and 5,600,000 days of household pro-
ductivity. 
(22) Approximately 10,200,000 people have 
been stalked at some time in their lives. Four out of 
every 5 stalking victims are women. Stalkers harass 
and terrorize their victims by spying on the victims, 
standing outside their places of work or homes, mak-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
ing unwanted phone calls, sending or leaving un-
wanted letters or items, or vandalizing property. 
(23) More than 35 percent of stalking victims 
report losing time from work due to the stalking and 
7 percent never return to work. 
(24) The prevalence of sexual assault and other 
violence against women at work is also dramatic. 
About 36,500 individuals, 80 percent of whom are 
women, were raped or sexually assaulted in the 
workplace each year from 1993 through 1999. Half 
of all female victims of violent workplace crimes 
know their attackers. Nearly one out of 10 violent 
workplace incidents are committed by partners or 
spouses. Women who work for State and local gov-
ernments suffer a higher incidence of workplace as-
saults, including rapes, than women who work in the 
private sector. 
(25) According to recent Government estimates, 
approximately 987,400 rapes occur annually in the 
United States, with 89 percent of the rapes per-
petrated against female victims. Since 2001, rapes 
have actually increased by 4 percent. 
(26) Sexual assault, whether occurring in or out 
of the workplace, can impair an employee’s work 
performance, require time away from work, and un-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
dermine the employee’s ability to maintain a job. Al-
most 50 percent of sexual assault survivors lose their 
jobs or are forced to quit in the aftermath of the as-
saults. An estimated 24 to 30 percent of abused 
working women lose their jobs due to their abuse. 
(27) Domestic and sexual violence victims have 
been subjected to discrimination by private and 
State employers, including discrimination motivated 
by sex and stereotypic notions about women. 
(28) Domestic violence victims and third parties 
who help them have been subjected to discriminatory 
practices by life, disability, and property and cas-
ualty insurers and employers who self-insure em-
ployee benefits, who have denied or canceled cov-
erage, rejected claims, and raised rates based on do-
mestic violence. Although some State legislatures 
have tried to address those practices, the scope of 
protection afforded by the laws adopted varies from 
State to State, with many failing to address the 
problem involved comprehensively. Moreover, Federal 
law prevents States from protecting the almost 40 
percent of employees whose employers self-insure 
employee benefits. 
(29) Only the States of Hawaii, Illinois, New 
York, and Oregon prohibit employment discrimina-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
tion against all victims of domestic violence, sexual 
assault, or stalking. 
(30) Employees, including individuals partici-
pating in welfare-to-work programs, may need to 
take time during business hours to— 
(A) obtain orders of protection; 
(B) seek medical or legal assistance, coun-
seling, or other services; or 
(C) look for housing in order to escape 
from domestic violence. 
(31) Only 11 States provide domestic violence 
victims with leave from work to go to court, to go 
to the doctor, or to take other steps to address the 
domestic violence in their lives. 
(32) Only 36 States and the District of Colum-
bia have laws that explicitly provide unemployment 
insurance to domestic violence victims in certain cir-
cumstances, and none of the laws explicitly cover vic-
tims of sexual assault or stalking. 
(33) Existing Federal law does not explicitly— 
(A) authorize victims of domestic violence, 
dating violence, sexual assault, or stalking to 
take leave from work to seek legal assistance 
and redress, counseling, or assistance with safe-
ty planning activities; 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(B) address the eligibility of victims of do-
mestic violence, dating violence, sexual assault, 
or stalking for unemployment compensation; 
(C) provide job protection to actual or per-
ceived victims of domestic violence, dating vio-
lence, sexual assault, or stalking; or 
(D)(i) prohibit insurers and employers who 
self-insure employee benefits from discrimi-
nating against domestic violence victims and 
those who help them in determining eligibility, 
rates charged, and standards for payment of 
claims; or 
(ii) prohibit insurers from disclosing infor-
mation about abuse and the location of the vic-
tims through insurance databases and other 
means. 
TITLE I—REAUTHORIZATION OF 
NATIONAL 
RESOURCE 
CEN-
TER GRANTS 
SEC. 101. GRANT PROGRAM REAUTHORIZATION. 
(a) INFORMATION
AND ASSISTANCE
TO VICTIMS’ 
SERVICE
PROVIDERS
AND
COMMUNITY
ORGANIZA-
TIONS.—Section 41501(a) of the Violence Against Women 
Act (42 U.S.C. 14043f(a)) is amended by striking the pe-
riod at the end and inserting ‘‘, and to victim service orga-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
nizations (as defined in section 41701), including commu-
nity based organizations, and tribal, State and territorial 
domestic violence or sexual assault coalitions to enable 
them to provide resource materials or other assistance to 
employers, labor organizations, or employees.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
41501(e) of such Act is amended by striking ‘‘2007 
through 2011’’ and inserting ‘‘2012 through 2016’’. 
(c) ADMINISTRATIVE PROVISIONS.—Section 41501 of 
such Act is further amended by adding at the end the fol-
lowing: 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—From the amount appro-
priated under subsection (e) for each fiscal year, the 
Attorney General shall not use more than 2.5 per-
cent for the administration and monitoring of grants 
made available under this section. 
‘‘(2) EVALUATIONS.—From the amount appro-
priated under subsection (e) for each fiscal year, the 
Director shall not use more than 5 percent to award 
contracts or cooperative agreements to entities with 
demonstrated expertise in program evaluation, to 
evaluate programs under this section.’’. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
TITLE 
II—EMERGENCY 
LEAVE 
FOR ADDRESSING DOMESTIC 
VIOLENCE, 
DATING 
VIO-
LENCE, SEXUAL ASSAULT, OR 
STALKING 
SEC. 201. AMENDMENT TO VAWA. 
The Violence Against Women Act is amended by add-
ing at the end the following new subtitle: 
‘‘Subtitle Q—Entitlement to Emer-
gency Leave for Addressing Do-
mestic 
Violence, 
Dating 
Vio-
lence, Sexual Assault, or Stalk-
ing 
‘‘SEC. 41701. DEFINITIONS. 
‘‘As used in this subtitle, the following definitions 
apply: 
‘‘(1) EMPLOY; STATE.—The terms ‘employ’ and 
‘State’ have the meanings given the terms in section 
3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
‘‘(2) EMPLOYEE.— 
‘‘(A) IN GENERAL.—The term ‘employee’ 
means any person employed by an employer. In 
the case of an individual employed by a public 
agency, such term means an individual em-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
ployed as described in section 3(e)(2) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)). 
‘‘(B) BASIS.—The term includes a person 
employed as described in subparagraph (A) on 
a full- or part-time basis, for a fixed time pe-
riod, on a temporary basis, pursuant to a detail, 
or as a participant in a work assignment as a 
condition of receipt of Federal or State income- 
based public assistance. 
‘‘(3) EMPLOYER.—The term ‘employer’— 
‘‘(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs fifteen or more individ-
uals; and 
‘‘(B) includes any person acting directly or 
indirectly in the interest of an employer in rela-
tion to an employee, and includes a public agen-
cy that employs individuals as described in sec-
tion 3(e)(2) of the Fair Labor Standards Act of 
1938, but does not include any labor organiza-
tion (other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(4) EMPLOYMENT BENEFITS.—The term ‘em-
ployment benefits’ means all benefits provided or 
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘employee benefit plan’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
‘‘(5) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘family or household member’, used with re-
spect to a person, means a nonabusive individual 
who is a spouse, former spouse, parent, son or 
daughter, or person residing or formerly residing in 
the same dwelling unit as the person. 
‘‘(6) PARENT; SON OR DAUGHTER.—The terms 
‘parent’ and ‘son or daughter’ have the meanings 
given the terms in section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611). 
‘‘(7) PERSON.—The term ‘person’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(8) PUBLIC AGENCY.—The term ‘public agen-
cy’ has the meaning given the term in section 3 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). 
‘‘(9) PUBLIC
ASSISTANCE.—The term ‘public 
assistance’ includes cash, food stamps, medical as-
sistance, housing assistance, and other benefits pro-
vided on the basis of income by a public agency. 
‘‘(10) REDUCED LEAVE SCHEDULE.—The term 
‘reduced leave schedule’ means a leave schedule that 
reduces the usual number of hours per workweek, or 
hours per workday, of an employee. 
‘‘(11) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Labor. 
‘‘(12) VICTIM OF DOMESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 
term ‘victim of domestic violence, dating violence, 
sexual assault, or stalking’ includes a person who 
has been a victim of domestic violence, dating vio-
lence, sexual assault, or stalking and a person whose 
family or household member has been a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking. 
‘‘(13) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘victim services organization’ means a non-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, dating vio-
lence, sexual assault, or stalking, or to advocates for 
such victims, including a rape crisis center, an orga-
nization carrying out a domestic violence program, 
an organization operating a shelter or providing 
counseling services, or an organization providing as-
sistance through the legal process. 
‘‘SEC. 41702. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC VIOLENCE, DATING VI-
OLENCE, SEXUAL ASSAULT, OR STALKING. 
‘‘(a) ENTITLEMENT TO LEAVE.— 
‘‘(1) BASIS.—An employee who is a victim of 
domestic violence, dating violence, sexual assault, or 
stalking may take leave from work to address do-
mestic violence, dating violence, sexual assault, or 
stalking, by— 
‘‘(A) seeking medical attention for, or re-
covering from, physical or psychological injuries 
caused by domestic violence, dating violence, 
sexual assault, or stalking to the employee or 
the employee’s family or household member; 
‘‘(B) obtaining services from a victim serv-
ices organization for the employee or the em-
ployee’s family or household member; 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(C) obtaining psychological or other coun-
seling for the employee or the employee’s family 
or household member; 
‘‘(D) participating in safety planning, tem-
porarily or permanently relocating, or taking 
other actions to increase the safety of the em-
ployee or the employee’s family or household 
member from future domestic violence, dating 
violence, sexual assault, or stalking or ensure 
economic security; or 
‘‘(E) seeking legal assistance or remedies 
to ensure the health and safety of the employee 
or the employee’s family or household member, 
including preparing for or participating in any 
civil or criminal legal proceeding related to or 
derived from domestic violence, dating violence, 
sexual assault, or stalking. 
‘‘(2) PERIOD.—An employee may take not more 
than 30 days of leave, as described in paragraph (1), 
in any 12-month period. 
‘‘(3) SCHEDULE.—Leave described in para-
graph (1) may be taken intermittently or on a re-
duced leave schedule. 
‘‘(b) NOTICE.—The employee shall provide the em-
ployer with reasonable notice of the employee’s intention 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
to take the leave, unless providing such notice is not prac-
ticable. 
‘‘(c) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The employer may require 
the employee to provide certification to the employer, 
within a reasonable period after the employer re-
quests the certification, that— 
‘‘(A) the employee or the employee’s family 
or household member is a victim of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing; and 
‘‘(B) the leave is for one of the purposes 
enumerated in subsection (a)(1). 
‘‘(2) CONTENTS.—An employee may satisfy the 
certification requirement of paragraph (1) by pro-
viding to the employer— 
‘‘(A) a sworn statement of the employee; 
‘‘(B) documentation from an employee, 
agent, or volunteer of a victim services organi-
zation, an attorney, a member of the clergy, or 
a medical or other professional, from whom the 
employee or the employee’s family or household 
member has sought assistance in addressing do-
mestic violence, dating violence, sexual assault, 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
or stalking and the effects of domestic violence, 
dating violence, sexual assault, or stalking; 
‘‘(C) a police or court record; or 
‘‘(D) other corroborating evidence. 
‘‘(d) CONFIDENTIALITY.—All information provided to 
the employer pursuant to subsection (b) or (c), including 
a statement of the employee or any other documentation, 
record, or corroborating evidence, and the fact that the 
employee has requested or obtained leave pursuant to this 
section, shall be retained in the strictest confidence by the 
employer, except to the extent that disclosure is— 
‘‘(1) requested or consented to by the employee 
in writing; or 
‘‘(2) otherwise required by applicable Federal or 
State law. 
‘‘(e) EMPLOYMENT AND BENEFITS.— 
‘‘(1) RESTORATION TO POSITION.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (2), any employee who takes leave 
under this section for the intended purpose of 
the leave shall be entitled, on return from such 
leave— 
‘‘(i) to be restored by the employer to 
the position of employment held by the em-
ployee when the leave commenced; or 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH-
LY COMPENSATED EMPLOYEES.— 
‘‘(A) DENIAL OF RESTORATION.—An em-
ployer may deny restoration under paragraph 
(1) to any employee described in subparagraph 
(B) if— 
‘‘(i) such denial is necessary to pre-
vent substantial and grievous economic in-
jury to the operations of the employer; 
‘‘(ii) the employer notifies the em-
ployee of the intent of the employer to 
deny restoration on such basis at the time 
the employer determines that such injury 
would occur; and 
‘‘(iii) in any case in which the leave 
has commenced, the employee elects not to 
return to employment after receiving such 
notice. 
‘‘(B) AFFECTED
EMPLOYEES.—An em-
ployee referred to in subparagraph (A) is a sal-
aried employee who is among the highest paid 
10 percent of the employees employed by the 
employer within 75 miles of the facility at 
which the employee is employed. 
‘‘(3) MAINTENANCE OF HEALTH BENEFITS.— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(A) COVERAGE.—Except as provided in 
subparagraph (B), during any period that an 
employee takes leave under this section, the em-
ployer shall maintain coverage under any group 
health plan (as defined in section 5000(b)(1) of 
the Internal Revenue Code of 1986) for the du-
ration of such leave at the level and under the 
conditions coverage would have been provided if 
the employee had continued in employment con-
tinuously for the duration of such leave. 
‘‘(B) 
FAILURE
TO
RETURN
FROM 
LEAVE.—The employer may recover the pre-
mium that the employer paid for maintaining 
coverage for the employee under such group 
health plan during any period of leave under 
this section if— 
‘‘(i) the employee fails to return from 
leave under this section after the period of 
leave to which the employee is entitled has 
expired; and 
‘‘(ii) the employee fails to return to 
work for a reason other than— 
‘‘(I) the continuation of, recur-
rence of, or onset of an episode of do-
mestic violence, dating violence, sexual 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
assault, or stalking, that entitles the 
employee to leave pursuant to this 
section; or 
‘‘(II) other circumstances beyond 
the control of the employee. 
‘‘(C) CERTIFICATION.— 
‘‘(i) ISSUANCE.—An employer may re-
quire an employee who claims that the em-
ployee is unable to return to work because 
of a reason described in subclause (I) or 
(II) of subparagraph (B)(ii) to provide, 
within a reasonable period after making 
the claim, certification to the employer 
that the employee is unable to return to 
work because of that reason. 
‘‘(ii) CONTENTS.—An employee may 
satisfy the certification requirement of 
clause (i) by providing to the employer— 
‘‘(I) a sworn statement of the 
employee; 
‘‘(II) documentation from an em-
ployee, agent, or volunteer of a victim 
services organization, an attorney, a 
member of the clergy, or a medical or 
other professional, from whom the 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
employee or the employee’s family or 
household member has sought assist-
ance in addressing domestic violence, 
dating violence, sexual assault, or 
stalking and the effects of domestic 
violence, dating violence, sexual as-
sault, or stalking; 
‘‘(III) a police or court record; or 
‘‘(IV) other corroborating evi-
dence. 
‘‘(D) CONFIDENTIALITY.—All information 
provided to the employer pursuant to subpara-
graph (C), including a statement of the em-
ployee or any other documentation, record, or 
corroborating evidence, and the fact that the 
employee is not returning to work because of a 
reason described in subclause (I) or (II) of sub-
paragraph (B)(ii), shall be retained in the 
strictest confidence by the employer, except to 
the extent that disclosure is— 
‘‘(i) requested or consented to by the 
employee; or 
‘‘(ii) otherwise required by applicable 
Federal or State law. 
‘‘(f) PROHIBITED ACTS.— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(1) INTERFERENCE WITH RIGHTS.— 
‘‘(A) EXERCISE OF RIGHTS.—It shall be 
unlawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to 
exercise, any right provided under this section. 
‘‘(B) 
EMPLOYER
DISCRIMINATION.—It 
shall be unlawful for any employer to discharge 
or harass any individual, or otherwise discrimi-
nate against any individual with respect to com-
pensation, terms, conditions, or privileges of 
employment of the individual (including retalia-
tion in any form or manner) because the indi-
vidual— 
‘‘(i) exercised any right provided 
under this section; or 
‘‘(ii) opposed any practice made un-
lawful by this section. 
‘‘(C) PUBLIC
AGENCY
SANCTIONS.—It 
shall be unlawful for any public agency to deny, 
reduce, or terminate the benefits of, otherwise 
sanction, or harass any individual, or otherwise 
discriminate against any individual (including 
retaliation in any form or manner) with respect 
to the amount, terms, or conditions of public 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
assistance of the individual because the indi-
vidual— 
‘‘(i) exercised any right provided 
under this section; or 
‘‘(ii) opposed any practice made un-
lawful by this section. 
‘‘(2) INTERFERENCE
WITH
PROCEEDINGS
OR 
INQUIRIES.—It shall be unlawful for any person to 
discharge or in any other manner discriminate (as 
described in subparagraph (B) or (C) of paragraph 
(1)) against any individual because such indi-
vidual— 
‘‘(A) has filed any charge, or has instituted 
or caused to be instituted any proceeding, 
under or related to this section; 
‘‘(B) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this section; or 
‘‘(C) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this section. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) CIVIL
ACTION
BY
AFFECTED
INDIVID-
UALS.— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(A) LIABILITY.—Any employer that vio-
lates subsection (f) shall be liable to any indi-
vidual affected— 
‘‘(i) for damages equal to— 
‘‘(I) the amount of— 
‘‘(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
‘‘(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation has 
not been denied or lost to the in-
dividual, any actual monetary 
losses sustained by the individual 
as a direct result of the violation; 
‘‘(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
‘‘(III) an additional amount as 
liquidated damages equal to the sum 
of the amount described in subclause 
(I) and the interest described in sub-
clause (II), except that if an employer 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
that has violated subsection (f) proves 
to the satisfaction of the court that 
the act or omission that violated sub-
section (f) was in good faith and that 
the employer had reasonable grounds 
for believing that the act or omission 
was not a violation of subsection (f), 
such court may, in the discretion of 
the court, reduce the amount of the li-
ability to the amount and interest de-
termined under subclauses (I) and 
(II), respectively; and 
‘‘(ii) for such equitable relief as may 
be appropriate, including employment, re-
instatement, and promotion. 
‘‘(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (A) may be maintained against 
any employer in any Federal or State court of 
competent jurisdiction by any one or more af-
fected individuals for and on behalf of— 
‘‘(i) the individuals; or 
‘‘(ii) the individuals and other individ-
uals similarly situated. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
unless the action described in clause (i) or (ii) 
is dismissed without prejudice on motion of the 
Secretary. 
‘‘(2) ACTION BY THE SECRETARY.— 
‘‘(A) ADMINISTRATIVE ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of subsection (f) 
in the same manner as the Secretary receives, 
investigates, and attempts to resolve complaints 
of violations of sections 6 and 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206 
and 207). 
‘‘(B) CIVIL ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (1)(A)(i). 
‘‘(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each individual affected. Any such 
sums not paid to such an individual because of 
inability to do so within a period of 3 years 
shall be deposited into the Treasury of the 
United States as miscellaneous receipts. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(3) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under this subsection not later than 2 years 
after the date of the last event constituting the 
alleged violation for which the action is brought. 
‘‘(B) WILLFUL VIOLATION.—In the case of 
such action brought for a willful violation of 
subsection (f), such action may be brought 
within 3 years after the date of the last event 
constituting the alleged violation for which such 
action is brought. 
‘‘(C) COMMENCEMENT.—In determining 
when an action is commenced by the Secretary 
under this subsection for the purposes of this 
paragraph, it shall be considered to be com-
menced on the date when the complaint is filed. 
‘‘(4) 
ACTION
FOR
INJUNCTION
BY
SEC-
RETARY.—The district courts of the United States 
shall have jurisdiction, for cause shown, in an action 
brought by the Secretary— 
‘‘(A) to restrain violations of subsection 
(f), including the restraint of any withholding of 
payment of wages, salary, employment benefits, 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
or other compensation, plus interest, found by 
the court to be due to affected individuals; or 
‘‘(B) to award such other equitable relief 
as may be appropriate, including employment, 
reinstatement, and promotion. 
‘‘(5) SOLICITOR OF LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under this subsection. 
‘‘(6) EMPLOYER
LIABILITY
UNDER
OTHER 
LAWS.—Nothing in this section shall be construed to 
limit the liability of an employer or public agency to 
an individual, for harm suffered relating to the indi-
vidual’s experience of domestic violence, dating vio-
lence, sexual assault, or stalking, pursuant to any 
other Federal or State law, including a law providing 
for a legal remedy. 
‘‘(7) LIBRARY OF CONGRESS.—Notwithstanding 
any other provision of this subsection, in the case of 
the Library of Congress, the authority of the Sec-
retary under this subsection shall be exercised by the 
Librarian of Congress. 
‘‘(8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
‘‘(A) 
AGENCIES.—Notwithstanding 
any 
other provision of this subsection, in the case of 
a public agency that employs individuals as de-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
scribed in subparagraph (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 en-
tity of the legislative branch of the Federal 
Government), subparagraph (B) shall apply. 
‘‘(B) AUTHORITY.—In the case described 
in subparagraph (A), the powers, remedies, and 
procedures provided in the case of a violation of 
chapter 63 of title 5, United States Code, in 
that title to an employing agency, in chapter 12 
of that title to the Merit Systems Protection 
Board, or in that title to any person alleging a 
violation of chapter 63 of that title, shall be the 
powers, remedies, and procedures this sub-
section provides in the case of a violation of 
subsection (f) to that agency, that Board, or 
any person alleging a violation of subsection (f), 
respectively, against an employee who is such 
an individual. 
‘‘(9) PUBLIC AGENCIES PROVIDING PUBLIC AS-
SISTANCE.—Consistent with regulations prescribed 
under section 106(d), the President shall ensure that 
any public agency that violates subsection (f)(1)(C), 
or subsection (f)(2) by discriminating as described in 
subsection (f)(1)(C), shall provide to any individual 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
who receives a less favorable amount, term, or condi-
tion of public assistance as a result of the viola-
tion— 
‘‘(A)(i) the amount of any public assist-
ance denied or lost to such individual by reason 
of the violation; and 
‘‘(ii) the interest on the amount described 
in clause (i); and 
‘‘(B) such equitable relief as may be appro-
priate. 
‘‘SEC. 41703. EXISTING LEAVE USABLE FOR ADDRESSING 
DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, OR STALKING. 
‘‘An employee who is entitled to take paid or unpaid 
leave (including family, medical, sick, annual, personal, or 
similar leave) from employment, pursuant to State or local 
law, a collective bargaining agreement, or an employment 
benefits program or plan, may elect to substitute any pe-
riod of such leave for an equivalent period of leave pro-
vided under section 41702. 
‘‘SEC. 41704. EMERGENCY BENEFITS. 
‘‘(a) IN GENERAL.—A State may use funds provided 
to the State under part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short- 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
term emergency benefits to an individual for any period 
of leave the individual takes pursuant to section 41702. 
‘‘(b) ELIGIBILITY.—In calculating the eligibility of an 
individual for such emergency benefits, the State shall 
count only the cash available or accessible to the indi-
vidual. 
‘‘(c) TIMING.— 
‘‘(1) APPLICATIONS.—An individual seeking 
emergency benefits under subsection (a) from a 
State shall submit an application to the State. 
‘‘(2) BENEFITS.—The State shall provide bene-
fits to an eligible applicant under paragraph (1) on 
an expedited basis, and not later than 7 days after 
the applicant submits an application under para-
graph (1). 
‘‘SEC. 41705. EFFECT ON OTHER LAWS AND EMPLOYMENT 
BENEFITS. 
‘‘(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—Nothing in this title shall be con-
strued to supersede any provision of any Federal, State, 
or local law, collective bargaining agreement, or employ-
ment benefits program or plan that provides— 
‘‘(1) greater leave benefits for victims of domes-
tic violence, dating violence, sexual assault, or stalk-
ing than the rights established under this title; or 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(2) leave benefits for a larger population of 
victims of domestic violence, dating violence, sexual 
assault, or stalking (as defined in such law, agree-
ment, program, or plan) than the victims of domes-
tic violence, dating violence, sexual assault, or stalk-
ing covered under this title. 
‘‘(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for victims 
of domestic violence, dating violence, sexual assault, or 
stalking under this title shall not be diminished by any 
State or local law, collective bargaining agreement, or em-
ployment benefits program or plan. 
‘‘SEC. 41706. REGULATIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY TO ISSUE REGULATIONS.—Ex-
cept as provided in subsections (b), (c), and (d), the 
Secretary shall issue regulations to carry out this 
title. 
‘‘(2) REGULATIONS REGARDING NOTICES.—The 
regulations described in paragraph (1) shall include 
regulations requiring every employer to post and 
keep posted, in conspicuous places on the premises 
of the employer where notices to employees are cus-
tomarily placed, a notice, to be prepared or approved 
by the Secretary, summarizing the provisions of this 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
title and providing information on procedures for fil-
ing complaints. The Secretary shall develop such a 
notice and provide copies to employers upon request 
without charge. 
‘‘(b) LIBRARY
OF CONGRESS.—The Librarian of 
Congress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
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 
Office of Personnel Management shall prescribe the regu-
lations described in subsection (a) with respect to individ-
uals described in subparagraph (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 Govern-
ment). The regulations prescribed under this subsection 
shall, to the extent appropriate, be consistent with the reg-
ulations 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 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
section 41702(f)(1)(C), or section 41702(f)(2) due to dis-
crimination described in section 41702(f)(1)(C). The regu-
lations prescribed under this subsection shall, to the extent 
appropriate, be consistent with the regulations prescribed 
by the Secretary under subsection (a).’’. 
SEC. 202. CONFORMING AMENDMENTS. 
(a) SOCIAL SECURITY ACT.—Section 404 of the So-
cial Security Act (42 U.S.C. 604) is amended by adding 
at the end the following: 
‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE-
FITS.—A State that receives a grant under section 403 
may use the grant to provide nonrecurrent short-term 
emergency benefits, in accordance with section 41704 of 
the Violence Against Women Act, to individuals who take 
leave pursuant to section 41702 of that Act, without re-
gard to whether the individuals receive assistance under 
the State program funded under this part.’’. 
(b) REHABILITATION ACT.—Section 1003(a)(1) of 
the Rehabilitation Act Amendments of 1986 (42 U.S.C. 
2000d–7(a)(1)) is amended by inserting ‘‘section 41702 
of the Violence Against Women Act,’’ after ‘‘Civil Rights 
Act of 1964,’’. 
SEC. 203. EFFECTIVE DATE. 
The amendments made by this title take effect 180 
days after the date of enactment of this Act. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
TITLE III—VICTIMS’ 
EMPLOYMENT SUSTAINABILITY 
SEC. 301. AMENDMENT TO VAWA. 
The Violence Against Women Act, as amended by 
section 101, is further amended by adding at the end the 
following: 
‘‘Subtitle R—Victims’ Employment 
Sustainability 
‘‘SEC. 41801. SHORT TITLE. 
‘‘This subtitle may be cited as the ‘Victims’ Employ-
ment Sustainability Act’. 
‘‘SEC. 41802. PROHIBITED DISCRIMINATORY ACTS. 
‘‘(a) IN GENERAL.—An employer shall not fail to 
hire, refuse to hire, discharge, or harass any individual, 
or otherwise discriminate against any individual with re-
spect to the compensation, terms, conditions, or privileges 
of employment of the individual (including retaliation in 
any form or manner), and a public agency shall not deny, 
reduce, 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 is or the employer 
or public agency involved perceives that individual to 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
be a victim of domestic violence, dating violence, sex-
ual assault, or stalking; 
‘‘(2) that individual attended, participated in, 
prepared for, or requested leave to attend, partici-
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 do-
mestic violence, 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-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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, 
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. 41803. ENFORCEMENT. 
‘‘(a) CIVIL ACTION BY INDIVIDUALS.— 
‘‘(1) LIABILITY.—Any employer that violates 
section 41802 shall be liable to any individual af-
fected for— 
‘‘(A) damages equal to the amount of 
wages, salary, employment benefits, or other 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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 
damages 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 ap-
propriate, 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 one or more individuals described in sec-
tion 41802. 
‘‘(b) ACTION BY DEPARTMENT OF JUSTICE.—The 
Attorney 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). 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(c) LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this section, in the case of the Library 
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 
subparagraph (A), the powers, remedies, and proce-
dures 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 41802 to that agency, 
that Office, that Board, or any person alleging a vio-
lation of section 41802, respectively, against an em-
ployee who is such an individual. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—Consistent with regulations prescribed under sec-
tion 41805(d), the President shall ensure that any public 
agency that violates section 41802(a) by taking an action 
prohibited under section 41802(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 appro-
priate. 
‘‘SEC. 41804. REGULATIONS. 
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b), (c), and (d), the Secretary shall issue regula-
tions to carry out this title. 
‘‘(b) LIBRARY
OF CONGRESS.—The Librarian of 
Congress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
Congress. The regulations prescribed under this sub-
section shall, to the extent appropriate, be consistent with 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
the regulations prescribed by the Secretary under sub-
section (a). 
‘‘(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The 
Office 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 public agencies 
providing public assistance as described in section 
41803(e), including violations of section 41802(a) by such 
agencies. The regulations prescribed under this subsection 
shall, to the extent appropriate, be consistent with the reg-
ulations prescribed by the Secretary under subsection 
(a).’’. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
SEC. 302. 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—ENTITLEMENT TO UN-
EMPLOYMENT 
COMPENSA-
TION FOR VICTIMS OF DO-
MESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, 
OR STALKING 
SEC. 401. UNEMPLOYMENT COMPENSATION AND TRAINING 
PROVISIONS. 
(a) UNEMPLOYMENT COMPENSATION.—Section 3304 
of the Internal Revenue Code of 1986 (relating to approval 
of State unemployment compensation laws) is amended— 
(1) in subsection (a)— 
(A) in paragraph (18), by striking ‘‘and’’ 
at the end; 
(B) by redesignating paragraph (19) as 
paragraph (20); and 
(C) by inserting after paragraph (18) the 
following new paragraph: 
‘‘(19) compensation shall not be denied where 
an individual is separated from employment due to 
circumstances resulting from the individual’s experi-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
ence of domestic violence, dating violence, sexual as-
sault, or stalking, nor shall States impose additional 
conditions that restrict the individual’s eligibility for 
or receipt of benefits beyond those required of other 
individuals who are forced to leave their jobs or are 
deemed to have good cause for voluntarily separating 
from a job in the State; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) CONSTRUCTION.—For purposes of subsection 
(a)(19)— 
‘‘(1) DOCUMENTATION.—In determining eligi-
bility for compensation due to circumstances result-
ing from an individual’s experience of domestic vio-
lence, dating violence, sexual assault, or stalking— 
‘‘(A) States shall adopt, or have adopted, 
by statute, regulation, or policy a list of forms 
of documentation that may be presented to 
demonstrate eligibility; and 
‘‘(B) presentation of any one of such forms 
of documentation shall be sufficient to dem-
onstrate eligibility, except that a State may re-
quire the presentation of a form of identifica-
tion in addition to the written statement of 
claimant described in paragraph (2)(G). 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 
The list referred to in paragraph (1)(A) shall include 
not less than three of the following forms of docu-
mentation: 
‘‘(A) An order of protection or other docu-
mentation issued by a court. 
‘‘(B) A police report or criminal charges 
documenting the domestic violence, dating vio-
lence, sexual assault, or stalking. 
‘‘(C) Documentation that the perpetrator 
has been convicted of the offense of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing. 
‘‘(D) Medical documentation of the domes-
tic violence, dating violence, sexual assault, or 
stalking. 
‘‘(E) Evidence of domestic violence, dating 
violence, sexual assault, or stalking from a 
counselor, social worker, health worker, or do-
mestic violence shelter worker. 
‘‘(F) A written statement that the appli-
cant or the applicant’s minor child is a victim 
of domestic violence, dating violence, sexual as-
sault, or stalking, provided by a social worker, 
member of the clergy, shelter worker, attorney 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
at law, or other professional who has assisted 
the applicant in dealing with the domestic vio-
lence, dating violence, sexual assault, or stalk-
ing. 
‘‘(G) A written statement of the claimant. 
‘‘(3) DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, AND STALKING DEFINED.—The 
terms ‘domestic violence’, ‘dating violence’, ‘sexual 
assault’, and ‘stalking’ have the meanings given such 
terms in section 40002 of the Violence Against 
Women Act.’’. 
(b) UNEMPLOYMENT COMPENSATION PERSONNEL 
TRAINING.—Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)) is amended— 
(1) by redesignating paragraphs (4) through 
(10) as paragraphs (5) through (11), respectively; 
and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) Such methods of administration as will en-
sure that— 
‘‘(A) applicants for unemployment com-
pensation and individuals inquiring about such 
compensation are adequately notified of the 
provisions of subsections (a)(19) and (g) of sec-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
tion 3304 of the Internal Revenue Code of 1986 
(relating to the availability of unemployment 
compensation for victims of domestic violence, 
dating violence, sexual assault, or stalking); and 
‘‘(B) claims reviewers and hearing per-
sonnel are adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as such terms are de-
fined in section 40002 of the Violence 
Against Women Act); and 
‘‘(ii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
so defined) to ensure that— 
‘‘(I) requests for unemployment 
compensation based on separations 
stemming from domestic violence, dat-
ing violence, sexual assault, or stalk-
ing (as so defined) are reliably 
screened, identified, and adjudicated; 
and 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(II) full confidentiality is pro-
vided for the individual’s claim and 
submitted evidence; and’’. 
(c) TANF PERSONNEL TRAINING.—Section 402(a) 
of the Social Security Act (42 U.S.C. 602(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(8) CERTIFICATION
THAT
THE
STATE
WILL 
PROVIDE INFORMATION TO VICTIMS OF DOMESTIC 
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR 
STALKING.—A certification by the chief officer of 
the State that the State has established and is en-
forcing standards and procedures to— 
‘‘(A) ensure that applicants for assistance 
under the program and individuals inquiring 
about such assistance are adequately notified 
of— 
‘‘(i) the provisions of subsections 
(a)(19) and (g) of section 3304 of the In-
ternal Revenue Code of 1986 (relating to 
the availability of unemployment com-
pensation for victims of domestic violence, 
dating violence, sexual assault, or stalk-
ing); and 
‘‘(ii) assistance made available by the 
State to victims of domestic violence, dat-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
ing violence, sexual assault, or stalking (as 
such terms are defined in section 40002 of 
the Violence Against Women Act); 
‘‘(B) ensure that case workers and other 
agency personnel responsible for administering 
the State program funded under this part are 
adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); 
‘‘(ii) State standards and procedures 
relating to the prevention of, and assist-
ance for individuals who experience, do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); and 
‘‘(iii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
so defined); 
‘‘(C) if a State has elected to establish and 
enforce standards and procedures regarding the 
screening for and identification of domestic vio-
lence pursuant to paragraph (7), ensure that— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(i) applicants for assistance under 
the program and individuals inquiring 
about such assistance are adequately noti-
fied of options available under such stand-
ards and procedures; and 
‘‘(ii) case workers and other agency 
personnel responsible for administering the 
State program funded under this part are 
provided with adequate training regarding 
such standards and procedures and options 
available under such standards and proce-
dures; and 
‘‘(D) ensure that the training required 
under subparagraphs (B) and, if applicable, 
(C)(ii) is provided through a training program 
operated by an eligible entity (as defined in sec-
tion 401(d)(2) of the Security and Financial 
Empowerment Act).’’. 
(d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL ASSAULT, OR STALKING TRAINING GRANT PRO-
GRAM.— 
(1) GRANTS
AUTHORIZED.—The Secretary of 
Health and Human Services (in this subsection re-
ferred to as the ‘‘Secretary’’) is authorized to 
award— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(A) a grant to a national victim services 
organization in order for such organization to— 
(i) develop and disseminate a model 
training program (and related materials) 
for the training required under section 
303(a)(4)(B) of the Social Security Act, as 
added by subsection (b), and under sub-
paragraphs (B) and, if applicable, (C)(ii) 
of section 402(a)(8) of the such Act, as 
added by subsection (c); and 
(ii) provide technical assistance with 
respect to such model training program; 
and 
(B) grants to State, tribal, or local agen-
cies in order for such agencies to contract with 
eligible entities to provide State, tribal, or local 
case workers and other State, tribal, or local 
agency personnel responsible for administering 
the temporary assistance to needy families pro-
gram established under part A of title IV of the 
Social Security Act in a State or Indian res-
ervation with the training required under sub-
paragraphs (B) and, if applicable, (C)(ii) of 
such section 402(a)(8). 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(2) ELIGIBLE ENTITY DEFINED.—For purposes 
of paragraph (1)(B), the term ‘‘eligible entity’’ 
means an entity— 
(A) that is— 
(i) a State or tribal domestic violence 
coalition or sexual assault coalition; 
(ii) a State or local victim services or-
ganization with recognized expertise in the 
dynamics of domestic violence, dating vio-
lence, sexual assault, or stalking whose pri-
mary mission is to provide services to vic-
tims of domestic violence, dating violence, 
sexual assault, or stalking, such as a rape 
crisis center or domestic violence program; 
or 
(iii) 
an 
organization 
with 
dem-
onstrated expertise in State or county wel-
fare laws and implementation of such laws 
and experience with disseminating informa-
tion on such laws and implementation, but 
only if such organization will provide the 
required training in partnership with an 
entity described in clause (i) or (ii); and 
(B) that— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(i) has demonstrated expertise in both 
domestic violence and sexual assault, such 
as a joint domestic violence and sexual as-
sault coalition; or 
(ii) will provide the required training 
in partnership with an entity described in 
clause (i) or (ii) of subparagraph (A) in 
order to comply with the dual domestic vio-
lence and sexual assault expertise require-
ment under clause (i). 
(3) APPLICATION.—An entity seeking a grant 
under this subsection shall submit an application to 
the Secretary at such time, in such form and man-
ner, and containing such information as the Sec-
retary specifies. 
(4) REPORTS.— 
(A) REPORTS
TO
CONGRESS.—The Sec-
retary shall annually submit a report to Con-
gress on the grant program established under 
this subsection. 
(B) REPORTS
AVAILABLE
TO
PUBLIC.— 
The Secretary shall establish procedures for the 
dissemination to the public of each report sub-
mitted under subparagraph (A). Such proce-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
dures shall include the use of the Internet to 
disseminate such reports. 
(5) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AUTHORIZATION.—There are author-
ized to be appropriated— 
(i) $1,000,000 for fiscal year 2012 to 
carry out the provisions of paragraph 
(1)(A); and 
(ii) $12,000,000 for each of fiscal 
years 2013 through 2015 to carry out the 
provisions of paragraph (1)(B). 
(B) THREE-YEAR AVAILABILITY OF GRANT 
FUNDS.—Each recipient of a grant under this 
subsection shall return to the Secretary any un-
used portion of such grant not later than 3 
years after the date the grant was awarded, to-
gether with any earnings on such unused por-
tion. 
(C) AMOUNTS RETURNED.—Any amounts 
returned pursuant to subparagraph (B) shall be 
available without further appropriation to the 
Secretary for the purpose of carrying out the 
provisions of paragraph (1)(B). 
(e) EFFECT ON EXISTING LAWS, ETC.— 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(1) MORE
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—Nothing in this title shall 
be construed to supersede any provision of any Fed-
eral, State, or local law, collective bargaining agree-
ment, or employment benefits program or plan that 
provides greater unemployment insurance benefits 
for victims of domestic violence, dating violence, sex-
ual assault, or stalking than the rights established 
under this title. 
(2) LESS
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—The rights established for 
victims of domestic violence, dating violence, sexual 
assault, or stalking under this title shall not be di-
minished by any more restrictive State or local law, 
collective bargaining agreement, or employment ben-
efits program or plan. 
(f) EFFECTIVE DATE.— 
(1) UNEMPLOYMENT AMENDMENTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B) and paragraph (2), the 
amendments made by this section shall apply in 
the case of compensation paid for weeks begin-
ning on or after the expiration of 180 days 
from the date of enactment of this Act. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(B) EXTENSION OF EFFECTIVE DATE FOR 
STATE LAW AMENDMENT.— 
(i) IN GENERAL.—If the Secretary of 
Labor identifies a State as requiring a 
change to its statutes, regulations, or poli-
cies in order to comply with the amend-
ments made by this section (excluding the 
amendment made by subsection (c)), such 
amendments shall apply in the case of 
compensation paid for weeks beginning 
after the earlier of— 
(I) the date the State changes its 
statutes, regulations, or policies in 
order to comply with such amend-
ments; or 
(II) the end of the first session of 
the State legislature which begins 
after the date of enactment of this 
Act or which began prior to such date 
and remained in session for at least 
25 calendar days after such date; 
except that in no case shall such amend-
ments apply before the date that is 180 
days after the date of enactment of this 
Act. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(ii) SESSION DEFINED.—In this sub-
paragraph, the term ‘‘session’’ means a 
regular, special, budget, or other session of 
a State legislature. 
(2) TANF AMENDMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the amendment made by 
subsection (c) shall take effect on the date of 
enactment of this Act. 
(B) EXTENSION OF EFFECTIVE DATE FOR 
STATE
LAW
AMENDMENT.—In the case of a 
State plan under part A of title IV of the Social 
Security Act which the Secretary of Health and 
Human Services determines requires State ac-
tion (including legislation, regulation, or other 
administrative action) in order for the plan to 
meet the additional requirements imposed by 
the amendment made by subsection (c), the 
State plan shall not be regarded as failing to 
comply with the requirements of such amend-
ment 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 enact-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
ment 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 V—VICTIMS OF ABUSE 
INSURANCE PROTECTION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Victims of Abuse In-
surance Protection Act’’. 
SEC. 502. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of one or more of the following acts by a 
current or former household or family member, inti-
mate 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-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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. 
(D) Subjecting another person to false im-
prisonment or kidnaping. 
(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 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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 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; 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(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. 503. 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. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
(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 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
subsection has been in force for 18 months if it of-
fers conversion to an equivalent individual plan. 
(4) CONTINUATION
COVERAGE.—The continu-
ation of health coverage required by this subsection 
shall be satisfied by any extension of coverage under 
part 6 of subtitle B of title I of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1161 et seq.) or section 4980B of the Internal Rev-
enue Code of 1986 provided to a subject of abuse 
and is not intended to be in addition to any exten-
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 (without the consent 
of the subject)— 
(i) use, disclose, or transfer informa-
tion relating to abuse status, acts of abuse, 
abuse-related medical conditions, or the 
applicant’s or insured’s status as a family 
member, employer, associate, or person in 
a relationship with a subject of abuse for 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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. 504. 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. 505. REASONS FOR ADVERSE ACTIONS. 
An insurer that takes an action that adversely affects 
a subject of abuse, shall advise the applicant or insured 
who is the subject of abuse 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. 506. LIFE INSURANCE. 
Nothing in this title shall be construed to prohibit 
a life insurer from declining to issue a life insurance policy 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
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. 507. SUBROGATION WITHOUT CONSENT PROHIBITED. 
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse. 
SEC. 508. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.—Any act or 
practice prohibited by this title shall be treated as an un-
fair and deceptive act or practice pursuant to section 5 
of the Federal Trade Commission Act (15 U.S.C. 45) and 
the Federal Trade Commission shall enforce this title in 
the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission 
Act were incorporated into and made a part of this title, 
including issuing a cease and desist order granting any 
individual relief warranted under the circumstances, in-
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS
cluding temporary, preliminary, and permanent injunctive 
relief and compensatory damages. 
(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. 
VerDate Mar 15 2010 
22:22 Oct 27, 2011
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3271.IH
H3271
emcdonald on DSK5VPTVN1PROD with BILLS