turn to employment after receiving such 
notice. 
(B) AFFECTED EMPLOYEES.—An employee 
referred to in subparagraph (A) is a salaried 
employee who is among the highest paid 10 per-
cent of the employees employed by the employer 
within 75 miles of the facility at which the em-
ployee is employed. 
(3) MAINTENANCE OF HEALTH BENEFITS.— 
(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 premium that 
the employer paid for maintaining coverage for 
the employee under such group health plan dur-
ing any period of leave under this section if— 
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(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 
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. 
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(ii) CONTENTS.—An employee may 
satisfy the certification requirement of 
clause (i) by providing to the employer— 
(I) a sworn statement of the em-
ployee; 
(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 
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 
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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.— 
(1) INTERFERENCE WITH RIGHTS.— 
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful 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 discriminate 
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 
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(ii) opposed any practice made unlaw-
ful by this section. 
(C) PUBLIC AGENCY SANCTIONS.—It shall 
be unlawful for any public agency to deny, re-
duce, 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 
assistance of the individual because the indi-
vidual— 
(i) exercised any right provided under 
this section; or 
(ii) opposed any practice made unlaw-
ful by this section. 
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate (as de-
scribed 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; 
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(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.— 
(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 
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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 liq-
uidated 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 
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, rein-
statement, and promotion. 
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(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. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any affected individual shall termi-
nate— 
(i) on the filing of a complaint by the 
Secretary in an action under paragraph (4) 
in which restraint is sought of any further 
delay in the payment of the amount de-
scribed in subparagraph (A)(i) to such in-
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dividual by an employer responsible under 
subparagraph (A) for the payment; or 
(ii) on the filing of a complaint by the 
Secretary in an action under paragraph (2) 
in which a recovery is sought of the dam-
ages described in subparagraph (A)(i) 
owing to an affected individual by an em-
ployer liable under subparagraph (A), 
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). 
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(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. 
(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 
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paragraph, it shall be considered to be com-
menced on the date when the complaint is filed. 
(4) ACTION FOR INJUNCTION BY SECRETARY.— 
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, 
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, re-
instatement, 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. 
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(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-
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 
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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 
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 assistance 
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. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO-
MESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL 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 
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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 102. 
SEC. 104. 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- 
term emergency benefits to an individual for any period 
of leave the individual takes pursuant to section 102. 
(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). 
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(d) CONFORMING AMENDMENT.—Section 404 of the 
Social 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 104 of the 
Survivors’ Empowerment and Economic Security Act, to 
individuals who take leave pursuant to section 102 of that 
Act, without regard to whether the individuals receive as-
sistance under the State program funded under this 
part.’’. 
SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN-
EFITS. 
(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 
(2) leave benefits for a larger population of vic-
tims of domestic violence, dating violence, sexual as-
sault, or stalking (as defined in such law, agreement, 
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program, or plan) than the victims of domestic vio-
lence, dating violence, sexual assault, or stalking 
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. 106. 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 
title and providing information on procedures for fil-
ing complaints. The Secretary shall develop such a 
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notice and provide copies to employers upon request 
without charge. 
(b) LIBRARY OF CONGRESS.—The Librarian of Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
Congress. The regulations prescribed under this sub-
section shall, to the extent appropriate, be consistent with 
the regulations prescribed by the Secretary under sub-
section (a). 
(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of-
fice of Personnel Management shall prescribe the regula-
tions 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 
section 102(f)(1)(C), or section 102(f)(2) due to discrimi-
nation described in section 102(f)(1)(C). The regulations 
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prescribed under this subsection shall, to the extent appro-
priate, be consistent with the regulations prescribed by the 
Secretary under subsection (a). 
SEC. 107. CONFORMING AMENDMENT. 
Section 1003(a)(1) of the Rehabilitation Act Amend-
ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 
inserting ‘‘title I or III of the Survivors’ Empowerment 
and Economic Security Act,’’ before ‘‘or the provisions’’. 
SEC. 108. EFFECTIVE DATE. 
This title and the amendment made by this title take 
effect 180 days after the date of enactment of this Act. 
TITLE II—ENTITLEMENT TO UN-
EMPLOYMENT 
COMPENSA-
TION FOR VICTIMS OF DO-
MESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, 
OR STALKING 
SEC. 201. PURPOSES. 
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating 
to laying and collecting taxes, providing for the general 
welfare, and regulation of commerce among the several 
States, and under section 5 of the 14th amendment to 
the Constitution— 
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(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
and stalking by enabling victims of domestic vio-
lence, dating violence, sexual assault, or stalking to 
maintain the financial independence necessary to 
leave abusive situations, achieve safety, and mini-
mize the physical and emotional injuries from do-
mestic violence, dating violence, sexual assault, or 
stalking, and to reduce the devastating economic 
consequences of domestic violence, dating violence, 
sexual assault, or stalking to employers and employ-
ees; 
(2) to promote the national interest in ensuring 
that victims of domestic violence, dating violence, 
sexual assault, or stalking can recover from and cope 
with the effects of such victimization and participate 
in the criminal and civil justice processes without 
fear of adverse economic consequences; 
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, loss of employment, 
health care costs, and employer costs, caused by do-
mestic violence, dating violence, sexual assault, or 
stalking, including intentional efforts to frustrate 
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the ability of women to participate in employment 
and interstate commerce; 
(4) to promote the purposes of the 14th amend-
ment to the Constitution by preventing sex-based 
discrimination and discrimination against victims of 
domestic violence, dating violence, sexual assault, or 
stalking in unemployment insurance, by addressing 
the failure of existing laws to protect the employ-
ment rights of victims of domestic violence, dating 
violence, sexual assault, or stalking, by protecting 
their civil and economic rights, and by furthering the 
equal opportunity of women for economic self-suffi-
ciency and employment free from discrimination; 
and 
(5) to accomplish the purposes described in 
paragraphs (1) through (4) by providing unemploy-
ment insurance to those who are separated from 
their employment as a result of domestic violence, 
dating violence, sexual assault, or stalking, in a 
manner that accommodates the legitimate interests 
of employers and protects the safety of all persons 
in the workplace. 
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SEC. 202. 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-
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)— 
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‘‘(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). 
‘‘(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-
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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 
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 3 of the Survivors’ Empowerment 
and Economic Security Act.’’. 
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(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-
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 3 of the Survivors’ Em-
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powerment and Economic Security 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 
‘‘(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 
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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-
ing violence, sexual assault, or stalking (as 
such terms are defined in section 3 of the 
Survivors’ Empowerment and Economic 
Security Act); 
‘‘(B) ensure that case workers and other 
agency personnel responsible for administering 
the State program funded under this part are 
adequately trained in— 
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‘‘(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— 
‘‘(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 
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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 202(d)(2) of the Survivors’ Empowerment 
and Economic Security 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— 
(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) 
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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). 
(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-
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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— 
(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). 
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(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-
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 2008 to 
carry out the provisions of paragraph 
(1)(A); and 
(ii) $12,000,000 for each of fiscal 
years 2009 through 2011 to carry out the 
provisions of paragraph (1)(B). 
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(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.— 
(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 
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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. 
(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 
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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. 
(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 
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Human Services determines requires State leg-
islation in order for the plan to meet the addi-
tional requirements imposed by the amendment 
made by subsection (c), the State plan shall not 
be regarded as failing to comply with the re-
quirements of such amendment on the basis of 
its failure to meet these additional requirements 
before the first day of the first calendar quarter 
beginning after the close of the first regular 
session of the State legislature that begins after 
the date of enactment of this Act. For purposes 
of the previous sentence, in the case of a State 
that has a 2-year legislative session, each year 
of the session is considered to be a separate 
regular session of the State legislature. 
TITLE III—VICTIMS’ 
EMPLOYMENT SUSTAINABILITY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Victims’ Employment 
Sustainability Act’’. 
SEC. 302. PURPOSES. 
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating 
to providing for the general welfare and to regulation of 
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commerce among the several States, and under section 5 
of the 14th amendment to the Constitution— 
(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
and stalking by enabling victims of domestic vio-
lence, dating violence, sexual assault, or stalking to 
maintain the financial independence necessary to 
leave abusive situations, achieve safety, and mini-
mize the physical and emotional injuries from do-
mestic violence, dating violence, sexual assault, or 
stalking, and to reduce the devastating economic 
consequences of domestic violence, dating violence, 
sexual assault, or stalking to employers and employ-
ees; 
(2) to promote the national interest in ensuring 
that victims of domestic violence, dating violence, 
sexual assault, or stalking can recover from and cope 
with the effects of domestic violence, dating violence, 
sexual assault, or stalking, and participate in crimi-
nal and civil justice processes, without fear of ad-
verse economic consequences from their employers; 
(3) to ensure that victims of domestic violence, 
dating violence, sexual assault, or stalking can re-
cover from and cope with the effects of domestic vio-
lence, dating violence, sexual assault, or stalking, 
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and participate in criminal and civil justice proc-
esses, without fear of adverse economic consequences 
with respect to public benefits; 
(4) to promote the purposes of the 14th amend-
ment to the Constitution by preventing sex-based 
discrimination and discrimination against victims of 
domestic violence, dating violence, sexual assault, or 
stalking in employment, by addressing the failure of 
existing laws to protect the employment rights of 
victims of domestic violence, dating violence, sexual 
assault, or stalking, by protecting the civil and eco-
nomic rights of victims of domestic violence, dating 
violence, sexual assault, or stalking, and by fur-
thering the equal opportunity of women for economic 
self-sufficiency and employment free from discrimi-
nation; 
(5) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, employment, health 
care costs, and employer costs, caused by domestic 
violence, dating violence, sexual assault, or stalking, 
including intentional efforts to frustrate women’s 
ability to participate in employment and interstate 
commerce; and 
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(6) to accomplish the purposes described in 
paragraphs (1) through (5) by prohibiting employers 
from discriminating against actual or perceived vic-
tims of domestic violence, dating violence, sexual as-
sault, or stalking, in a manner that accommodates 
the legitimate interests of employers and protects 
the safety of all persons in the workplace. 
SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 
(a) IN GENERAL.—An employer shall not fail to hire, 
refuse to hire, discharge, or harass any individual, or oth-
erwise discriminate against any individual with respect to 
the compensation, terms, conditions, or privileges of em-
ployment of the individual (including retaliation in any 
form or manner), and a public agency shall not deny, re-
duce, or terminate the benefits of, otherwise sanction, or 
harass any individual, or otherwise discriminate against 
any individual with respect to the amount, terms, or condi-
tions of public assistance of the individual (including retal-
iation in any form or manner), because— 
(1) the individual involved is or the employer or 
public agency involved perceives that individual to be 
a victim of domestic violence, dating violence, sexual 
assault, or stalking; 
(2) that individual attended, participated in, 
prepared for, or requested leave to attend, partici-
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pate in, or prepare for, a criminal or civil court pro-
ceeding relating to an incident of domestic violence, 
dating violence, sexual assault, or stalking of which 
the individual, or the family or household member of 
the individual, was a victim; 
(3) that individual, in response to actual or 
threatened domestic violence, dating violence, sexual 
assault, or stalking, requested that the employer or 
public agency implement a reasonable safety proce-
dure or a job-related modification to enhance the se-
curity of that individual or safeguard the workplace 
involved; or 
(4) the workplace is disrupted or threatened by 
the action of a person whom that individual states 
has committed or threatened to commit domestic vi-
olence, dating violence, sexual assault, or stalking 
against that individual, or that individual’s family or 
household member. 
(b) DEFINITIONS.—In this section: 
(1) DISCRIMINATE.—The term ‘‘discriminate’’, 
used with respect to the terms, conditions, or privi-
leges of employment or with respect to the terms or 
conditions of public assistance, includes failing to 
implement, on request from an individual, in re-
sponse to actual or threatened domestic violence, 
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dating violence, sexual assault, or stalking, a reason-
able safety procedure or a job-related modification to 
enhance the security of that individual or safeguard 
the workplace (such as installation of a lock, change 
of a telephone number or seating assignment, provi-
sion of a transfer, provision of leave, modification of 
a schedule, or adjustment of a work requirement), 
unless the employer or public agency can dem-
onstrate that granting the request would impose an 
undue hardship on the operation of the employer or 
public agency. 
(2) UNDUE
HARDSHIP.—The term ‘‘undue 
hardship’’ means an action requiring significant dif-
ficulty or expense. 
SEC. 304. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUALS.— 
(1) LIABILITY.—Any employer that violates sec-
tion 303 shall be liable to any individual affected 
for— 
(A) damages equal to the amount of 
wages, salary, employment benefits, or other 
compensation denied or lost to such individual 
by reason of the violation, and the interest on 
that amount calculated at the prevailing rate; 
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(B) compensatory damages, including dam-
ages for future pecuniary losses, emotional 
pain, suffering, inconvenience, mental anguish, 
loss of enjoyment or life, and other nonpecu-
niary losses; 
(C) such punitive damages, up to 3 times 
the amount of actual damages sustained, as the 
court described in paragraph (2) shall deter-
mine to be appropriate; and 
(D) such equitable relief as may be appro-
priate, including employment, reinstatement, 
and promotion. 
(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer 
in any Federal or State court of competent jurisdic-
tion by any one or more individuals described in sec-
tion 303. 
(b) ACTION BY DEPARTMENT OF JUSTICE.—The At-
torney General may bring a civil action in any Federal 
or State court of competent jurisdiction to recover the 
damages or equitable relief described in subsection (a)(1). 
(c) LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this section, in the case of the Library 
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of Congress, the authority of the Secretary under this sec-
tion shall be exercised by the Librarian of Congress. 
(d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
(1) AGENCIES.—Notwithstanding any other 
provision of this subsection, in the case of a public 
agency that employs individuals as described in sub-
paragraph (A) or (B) of section 3(e)(2) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) 
(other than an entity of the legislative branch of the 
Federal Government), paragraph (2) shall apply. 
(2) AUTHORITY.—In the case described in sub-
paragraph (A), the powers, remedies, and procedures 
provided (in the case of a violation of section 
2302(b)(1)(A) of title 5, United States Code) in title 
5, United States Code, to an employing agency, the 
Office of Special Counsel, the Merit Systems Protec-
tion Board, or any person alleging a violation of 
such section 2302(b)(1)(A), shall be the powers, 
remedies, and procedures this section provides in the 
case of a violation of section 303 to that agency, 
that Office, that Board, or any person alleging a vio-
lation of section 303, respectively, against an em-
ployee who is such an individual. 
(e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—Consistent with regulations prescribed under sec-
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tion 306(d), the President shall ensure that any public 
agency that violates section 303(a) by taking an action 
prohibited under section 303(a) against any individual 
with respect to the amount, terms, or conditions of public 
assistance, shall provide to any individual who receives a 
less favorable amount, term, or condition of public assist-
ance as a result of the violation— 
(1)(A) the amount of any public assistance de-
nied or lost to such individual by reason of the viola-
tion; and 
(B) the interest on the amount described in 
clause (i) calculated at the prevailing rate; and 
(2) such equitable relief as may be appropriate. 
SEC. 305. ATTORNEY’S FEES. 
Section 722(b) of the Revised Statutes (42 U.S.C. 
1988(b)) is amended by inserting ‘‘the Victims’ Employ-
ment Sustainability Act,’’ after ‘‘title VI of the Civil 
Rights Act of 1964,’’. 
SEC. 306. REGULATIONS. 
(a) IN GENERAL.—Except as provided in subsections 
(b), (c), and (d), the Secretary shall issue regulations to 
carry out this title. 
(b) LIBRARY OF CONGRESS.—The Librarian of Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
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Congress. The regulations prescribed under this sub-
section shall, to the extent appropriate, be consistent with 
the regulations prescribed by the Secretary under sub-
section (a). 
(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of-
fice of Personnel Management, after consultation under 
the Office of Special Counsel and the Merit Systems Pro-
tection Board, shall prescribe the regulations described in 
subsection (a) with respect to individuals described in sub-
paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 
an individual employed by an entity of the legislative 
branch of the Federal Government). The regulations pre-
scribed under this subsection shall, to the extent appro-
priate, be consistent with the regulations prescribed by the 
Secretary under subsection (a). 
(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—The President shall prescribe the regulations de-
scribed in subsection (a) with respect to applicants for and 
recipients of public assistance, in the case of violations of 
section 303(a) by taking an action prohibited under sec-
tion 303(a) against any individual with respect to the 
amount, terms, or conditions of public assistance. The reg-
ulations prescribed under this subsection shall, to the ex-
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tent appropriate, be consistent with the regulations pre-
scribed by the Secretary under subsection (a). 
TITLE IV—VICTIMS OF ABUSE 
INSURANCE PROTECTION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Victims of Abuse In-
surance Protection Act’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of 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-
son, including following the person without 
proper authority and under circumstances that 
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place the person in reasonable fear of bodily in-
jury or physical harm. 
(D) Subjecting another person to false im-
prisonment or kidnapping. 
(E) Attempting to cause or causing dam-
age to property so as to intimidate or attempt 
to control the behavior of another person. 
(2) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for, or reimburse any of the cost of 
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration, or any other entity providing a plan of 
health insurance, health benefits, or health services. 
(3) INSURED.—The term ‘‘insured’’ means a 
party named on a policy, certificate, or health ben-
efit plan, including an individual, corporation, part-
nership, association, unincorporated organization, or 
any similar entity, as the person with legal rights to 
the benefits provided by the policy, certificate, or 
health benefit plan. For group insurance, the term 
includes a person who is a beneficiary covered by a 
group policy, certificate, or health benefit plan. For 
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life insurance, the term refers to the person whose 
life is covered under an insurance policy. 
(4) INSURER.—The term ‘‘insurer’’ means any 
person, reciprocal exchange, inter insurer, Lloyds in-
surer, fraternal benefit society, or other legal entity 
engaged in the business of insurance, including 
agents, brokers, adjusters, and third-party adminis-
trators. The term includes employers who provide or 
make available employment benefits through an em-
ployee benefit plan, as defined in section 3(3) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 102(3)). The term also includes health 
carriers, health benefit plans, and life, disability, and 
property and casualty insurers. 
(5) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship, 
or annuity issued, proposed for issuance, or intended 
for issuance by an insurer, including endorsements 
or riders to an insurance policy or contract. 
(6) SUBJECT OF ABUSE.—The term ‘‘subject of 
abuse’’ means— 
(A) a person against whom an act of abuse 
has been directed; 
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(B) a person who has prior or current in-
juries, illnesses, or disorders that resulted from 
abuse; or 
(C) a person who seeks, may have sought, 
or had reason to seek medical or psychological 
treatment for abuse, protection, court-ordered 
protection, or shelter from abuse. 
SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on 
the basis that the applicant or insured, or any person em-
ployed by the applicant or insured or with whom the appli-
cant or insured is known to have a relationship or associa-
tion, is, has been, or may be the subject of abuse or has 
incurred or may incur abuse-related claims: 
(1) Denying, refusing to issue, renew, or re-
issue, or canceling or otherwise terminating an in-
surance policy or health benefit plan. 
(2) Restricting, excluding, or limiting insurance 
coverage for losses or denying a claim, except as oth-
erwise permitted or required by State laws relating 
to life insurance beneficiaries. 
(3) Adding a premium differential to any insur-
ance policy or health benefit plan. 
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