datamatters24/research-document-archive huggingface dataset:
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 
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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- 
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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 
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‘‘(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 
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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 
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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. 
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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 
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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-
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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 
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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). 
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‘‘(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. 
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‘‘(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 
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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).’’. 
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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-
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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). 
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‘‘(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 
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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 
(12) as paragraphs (5) through (13), 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-
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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 
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‘‘(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-
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