I
107TH CONGRESS
1ST SESSION
H. R. 2670
To promote the economic security and safety of victims of domestic and
sexual violence, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2001
Ms. ROYBAL-ALLARD (for herself, Mrs. MALONEY of New York, Mr. STARK,
Mrs. THURMAN, Mr. GEORGE MILLER of California, Mr. MCGOVERN, Mr.
CUMMINGS, Mr. FROST, Ms. NORTON, Mr. PETERSON of Minnesota, Mr.
JACKSON of Illinois, Ms. BALDWIN, Mr. SANDERS, Mr. KILDEE, Mr.
LANTOS, Mr. PALLONE, Mrs. MINK of Hawaii, Ms. LEE, Mr. SANDLIN,
Mr. GUTIERREZ, Ms. ESHOO, Mr. MCNULTY, Mr. KUCINICH, Mr.
OWENS, Mr. BONIOR, Mr. NADLER, Ms. CARSON of Indiana, Mr. HONDA,
Mr. FRANK, Ms. MILLENDER-MCDONALD, Ms. HARMAN, Mr. ENGEL,
Mr. CONYERS, Mr. BOUCHER, Ms. SOLIS, Mr. HOLDEN, Mr. DAVIS of
Illinois, Mr. HINCHEY, Mr. RUSH, Mr. DEFAZIO, Ms. WATERS, Ms.
WOOLSEY, Ms. JACKSON-LEE of Texas, Mrs. CLAYTON, Mr. ABER-
CROMBIE, Mrs. CAPPS, Ms. DEGETTE, Mr. SHAYS, Mr. WAXMAN, Mr.
BECERRA, Mr. LAMPSON, Ms. MCCOLLUM, Mr. HALL of Texas, Mr.
FORD, Mr. SHERMAN, Mr. REYES, Mr. RODRIGUEZ, Mr. ORTIZ, Mr. PAS-
TOR, Mr. SERRANO, Ms. VELA´ZQUEZ, Mr. HINOJOSA, Ms. SANCHEZ, Mr.
GONZALEZ, Mrs. NAPOLITANO, Mr. BACA, Ms. PELOSI, Mr. CLYBURN,
Mrs. MEEK of Florida, Ms. KAPTUR, Mr. FARR of California, Mr. MORAN
of Virginia, Mr. LAFALCE, Ms. HOOLEY of Oregon, Mr. GILMAN, Mr.
CROWLEY, Mrs. TAUSCHER, Ms. EDDIE BERNICE JOHNSON of Texas,
Ms. WATSON of California, Mr. MATSUI, Ms. DELAURO, Ms. SLAUGH-
TER, Ms. BERKLEY, Ms. BROWN of Florida, Mrs. CHRISTENSEN, Ms.
LOFGREN, Mrs. MCCARTHY of New York, Mrs. JONES of Ohio, Ms. RIV-
ERS, Ms. SCHAKOWSKY, Mr. WU, Mr. BERMAN, Ms. MCCARTHY of Mis-
souri, Ms. KILPATRICK, Ms. MCKINNEY, Mrs. DAVIS of California, Mrs.
LOWEY, Mr. EVANS, Mr. GREEN of Texas, Mr. MOORE, Mr. RANGEL,
Mr. SNYDER, Mr. THOMPSON of California, Mr. HASTINGS of Florida,
Mr. ACEVEDO-VILA´, Mr. UNDERWOOD, and Mr. SCOTT) introduced the
following bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committees on Ways and Means, and
Energy and Commerce, for a period to be subsequently determined 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 and sexual violence, 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
‘‘Victims’ Economic Security and Safety Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR
ADDRESSING DOMESTIC OR SEXUAL VIOLENCE
Sec. 101. Purposes.
Sec. 102. Entitlement to emergency leave for addressing domestic or sexual vio-
lence.
Sec. 103. Existing leave usable for addressing domestic or sexual violence.
Sec. 104. Emergency benefits.
Sec. 105. Effect on other laws and employment benefits.
Sec. 106. Conforming amendments.
Sec. 107. Effective date.
TITLE II—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION
FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING
Sec. 201. Purposes.
Sec. 202. Unemployment compensation and training provisions.
TITLE III—VICTIMS’ EMPLOYMENT SUSTAINABILITY
Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Enforcement.
Sec. 305. Attorney’s fees.
TITLE IV—VICTIMS OF ABUSE INSURANCE PROTECTION
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Discriminatory acts prohibited.
Sec. 404. Insurance protocols for subjects of abuse.
Sec. 405. Reasons for adverse actions.
Sec. 406. Life insurance.
Sec. 407. Subrogation without consent prohibited.
Sec. 408. Enforcement.
Sec. 409. Effective date.
TITLE V—WORKPLACE SAFETY PROGRAM TAX CREDIT
Sec. 501. Credit for costs to employers of implementing workplace safety pro-
grams.
TITLE VI—NATIONAL CLEARINGHOUSE ON DOMESTIC AND
SEXUAL VIOLENCE IN THE WORKPLACE GRANT
Sec. 601. National clearinghouse on domestic and sexual violence in the work-
place grant.
TITLE VII—SEVERABILITY
Sec. 701. Severability.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Domestic violence crimes account for ap-
proximately 15 percent of total crime costs in the
United States each year.
(2) 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 and financial security.
(3) According to recent government surveys,
from 1993 through 1998 the average annual number
of violent victimizations committed by intimate part-
ners was 1,082,110, 87 percent of which were com-
mitted against women. Female murder victims were
substantially more likely than male murder victims
to have been killed by an intimate partner. About 1⁄3
of female murder victims, and about 4 percent of
male murder victims, were killed by an intimate
partner.
(4) According to recent government estimates,
approximately 987,400 rapes occur annually in the
United States, 89 percent of the rapes perpetrated
against female victims.
(5) 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-
ing unwanted phone calls, sending or leaving un-
wanted letters or items, or vandalizing property.
(6) 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.
(7) Victims of domestic violence, dating vio-
lence, sexual assault, and stalking are particularly
vulnerable to changes in employment, pay, and bene-
fits as a result of their victimizations, and are,
therefore, in need of legal protection.
(8) The prevalence of domestic violence, dating
violence, sexual assault, stalking, and other violence
against women at work is dramatic. Approximately
11 percent of all rapes occur in the workplace.
About 50,500 individuals, 83 percent of whom are
women, were raped or sexually assaulted in the
workplace each year from 1992 through 1996. Half
of all female victims of violent workplace crimes
know their attackers. Nearly 1 out of 10 violent
workplace incidents are committed by partners or
spouses.
(9) 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.
(10) Studies indicate that between 35 and 56
percent of employed battered women surveyed were
harassed at work by their abusive partners.
(11) 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
the victims lost a job due, at least in part, to domes-
tic violence.
(12) 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.
(13) Abusers frequently seek to control their
partners by actively interfering with their ability to
work, including preventing their partners from going
to work, harassing their partners at work, limiting
the access of their partners to cash or transpor-
tation, and sabotaging the child care arrangements
of their partners.
(14) More than 1⁄2 of women receiving welfare
have been victims of domestic violence as adults and
between 1⁄4 and 1⁄3 reported being abused in the last
year.
(15) Sexual assault, whether occurring in or out
of the workplace, can impair an employee’s work
performance, require time away from work, and un-
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.
(16) More than 1⁄4 of stalking victims report
losing time from work due to the stalking and 7 per-
cent never return to work.
(20) United States medical costs for domestic
violence have been estimated to be $31,000,000,000
per year.
(21) Surveys of business executives and cor-
porate security directors also underscore the heavy
toll that workplace violence takes on women, busi-
nesses, and interstate commerce in the United
States.
(22) Ninety-four percent of corporate security
and safety directors at companies nationwide rank
domestic violence as a high security concern.
(23) 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.
(24) Only 16 States have laws that explicitly
provide unemployment insurance to domestic vio-
lence victims in certain circumstances, and none of
the laws explicitly cover victims of sexual assault or
stalking.
(25) Only 2 States provide domestic violence
victims with leave from work to go to court, to the
doctor, or to take other steps to address the domes-
tic violence in their lives, and only Maine provides
such leave to victims of sexual assault and stalking.
(26) No States prohibit employment discrimina-
tion against victims of domestic violence, sexual as-
sault, or stalking. New York City is the only juris-
diction with a law prohibiting employment discrimi-
nation against actual or perceived victims of domes-
tic violence.
(27) 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.
(28) 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;
(B) address the eligibility of victims of do-
mestic violence, dating violence, sexual assault,
or stalking for unemployment compensation; or
(C) prohibit employment discrimination
against actual or perceived victims of domestic
violence, dating violence, sexual assault, or
stalking.
SEC. 3. DEFINITIONS.
In this Act, except as otherwise expressly provided:
(1) COMMERCE.—The terms ‘‘commerce’’ and
‘‘industry or activity affecting commerce’’ have the
meanings given the terms in section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C.
2611).
(2) COURSE OF CONDUCT.—The term ‘‘course
of conduct’’ means a course of repeatedly maintain-
ing a visual or physical proximity to a person or con-
veying verbal or written threats, including threats
conveyed through electronic communications, or
threats implied by conduct.
(3) DATING VIOLENCE.—The term ‘‘dating vio-
lence’’ has the meaning given the term in section
826 of the Higher Education Amendments of 1998
(20 U.S.C. 1152).
(4) DOMESTIC
OR
SEXUAL
VIOLENCE.—The
term ‘‘domestic or sexual violence’’ means domestic
violence, dating violence, sexual assault, or stalking.
(5) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ has the meaning given the term in section
826 of the Higher Education Amendments of 1998
(20 U.S.C. 1152).
(6) DOMESTIC
VIOLENCE
COALITION.—The
term ‘‘domestic violence coalition’’ means a non-
profit, nongovernmental membership organization
that—
(A) consists of the entities carrying out a
majority of the domestic violence programs car-
ried out within a State;
(B) collaborates and coordinates activities
with Federal, State, and local entities to further
the purposes of domestic violence intervention
and prevention; and
(C) among other activities, provides train-
ing and technical assistance to entities carrying
out domestic violence programs within a State,
territory, political subdivision, or area under
Federal authority.
(7) ELECTRONIC COMMUNICATIONS.—The term
‘‘electronic communications’’ includes communica-
tions via telephone, mobile phone, computer, e-mail,
video recorder, fax machine, telex, or pager.
(8) EMPLOY; STATE.—The terms ‘‘employ’’ and
‘‘State’’ have the meanings given the terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(9) 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-
ployed as described in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(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,
as an independent contractor, or as a partici-
pant in a work assignment as a condition of re-
ceipt of Federal or State income-based public
assistance.
(10) EMPLOYER.—The term ‘‘employer’’—
(A) means any person engaged in com-
merce or in any industry or activity affecting
commerce who employs 15 or more individuals;
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, but does not include any labor organization
(other than when acting as an employer) or
anyone acting in the capacity of officer or agent
of such labor organization.
(11) 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)).
(12) 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).
(13) 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).
(14) 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).
(15) 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.
(16) REDUCED LEAVE SCHEDULE.—The term
‘‘reduced leave schedule’’ means a leave schedule
that reduces the usual number of hours per work-
week, or hours per workday, of an employee.
(17) REPEATEDLY.—The term ‘‘repeatedly’’
means on 2 or more occasions.
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Labor.
(19) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section
826 of the Higher Education Amendments of 1998
(20 U.S.C. 1152).
(20) SEXUAL ASSAULT COALITION.—The term
‘‘sexual assault coalition’’ means a nonprofit, non-
governmental membership organization that—
(A) consists of the entities carrying out a
majority of the sexual assault programs carried
out within a State;
(B) collaborates and coordinates activities
with Federal, State, and local entities to further
the purposes of sexual assault intervention and
prevention; and
(C) among other activities, provides train-
ing and technical assistance to entities carrying
out sexual assault programs within a State, ter-
ritory, political subdivision, or area under Fed-
eral authority.
(21) STALKING.—The term ‘‘stalking’’ means
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to
suffer substantial emotional distress or to fear bodily
injury, sexual assault, or death to the person, or the
person’s spouse, parent, or son or daughter, or any
other person who regularly resides in the person’s
household, if the conduct causes the specific person
to have such distress or fear.
(22) VICTIM
SERVICES
ORGANIZATION.—The
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides
assistance to victims of domestic or sexual violence
or to advocates for such victims, including a rape
crisis center, an organization carrying out a domes-
tic violence program, an organization operating a
shelter or providing counseling services, or an orga-
nization providing assistance through the legal proc-
ess.
TITLE 
I—ENTITLEMENT 
TO
EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC OR SEX-
UAL VIOLENCE
SEC. 101. 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
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 or sex-
ual violence to maintain the financial independence
necessary to leave abusive situations, achieve safety,
and minimize the physical and emotional injuries
from domestic or sexual violence, and to reduce the
devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such vio-
lence, and participate in criminal and civil justice
processes, without fear of adverse economic con-
sequences from their employers;
(3) to ensure that victims of domestic or sexual
violence can recover from and cope with the effects
of such violence, and participate in criminal and civil
justice processes, without fear of adverse economic
consequences with respect to public benefits;
(4) to promote the purposes of the 14th amend-
ment by addressing the failure of existing laws to
protect the employment rights of victims of domestic
or sexual violence, by protecting the civil and eco-
nomic rights of victims of domestic or sexual vio-
lence, and by furthering the equal opportunity of
women for economic self-sufficiency and employment
free from discrimination;
(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
or sexual violence, including intentional efforts to
frustrate women’s ability to participate in employ-
ment and interstate commerce; and
(6) to accomplish the purposes described in
paragraphs (1) through (5) by—
(A) entitling employed victims of domestic
or sexual violence to take leave to seek medical
help, legal assistance, counseling, safety plan-
ning, and other assistance without penalty from
their employers; and
(B) prohibiting employers from discrimi-
nating against actual or perceived victims of do-
mestic or sexual violence, in a manner that ac-
commodates the legitimate interests of employ-
ers and protects the safety of all persons in the
workplace.
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC OR SEXUAL VIOLENCE.
(a) LEAVE REQUIREMENT.—
(1) BASIS.—An employee who is a victim of do-
mestic or sexual violence may take leave from work
to address domestic or sexual violence, by—
(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries
caused by domestic or sexual violence;
(B) obtaining services from a victim serv-
ices organization;
(C) obtaining psychological or other coun-
seling for the employee or the employee’s parent
or son or daughter;
(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 parent or son or
daughter from future domestic or sexual vio-
lence or ensure economic security; or
(E) seeking legal assistance or remedies to
ensure the health and safety of the employee or
the employee’s parent or son or daughter, in-
cluding preparing for or participating in any
civil or criminal legal proceeding related to or
derived from domestic or sexual violence.
(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 paragraph
(1) may be taken intermittently or on a reduced
leave schedule.
(b) NOTICE.—The employee shall provide the em-
ployer with reasonable notice of the employee’s intention
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-
quires the certification, that—
(A) the employee is a victim of domestic or
sexual violence; and
(B) the leave is for 1 of the purposes enu-
merated 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 has sought assistance in addressing
domestic or sexual violence and the effects of
the violence;
(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;
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
(ii) to be restored to an equivalent po-
sition with equivalent employment benefits,
pay, and other terms and conditions of em-
ployment.
(B) LOSS OF BENEFITS.—The taking of
leave under this section shall not result in the
loss of any employment benefit accrued prior to
the date on which the leave commenced.
(C) LIMITATIONS.—Nothing in this sub-
section shall be construed to entitle any re-
stored employee to—
(i) the accrual of any seniority or em-
ployment benefits during any period of
leave; or
(ii) any right, benefit, or position of
employment other than any right, benefit,
or position to which the employee would
have been entitled had the employee not
taken the leave.
(D) 
CONSTRUCTION.—Nothing 
in 
this
paragraph shall be construed to prohibit an em-
ployer from requiring an employee on leave
under this section to report periodically to the
employer on the status and intention of the em-
ployee to return to work.
(2) EXEMPTION CONCERNING CERTAIN HIGHLY
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 prevent
substantial and grievous economic injury to
the operations of the employer;
(ii) the employer notifies the employee
of the intent of the employer to deny res-
toration on such basis at the time the em-
ployer determines that such injury would
occur; and
(iii) in any case in which the leave has
commenced, the employee elects not to re-
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—
(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, recurrence,
or onset of domestic or sexual vio-
lence, 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 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 has sought assistance in ad-
dressing domestic or sexual violence
and the effects of that violence;
(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 strict-
est 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
individual—
(i) exercised any right provided under
this section; or
(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 with respect
to the amount, terms, or conditions of public
assistance of the individual (including retalia-
tion in any form or manner) because the
individual—
(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
individual—
(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.—
(A) LIABILITY.—Any employer or public
agency that violates subsection (f) shall be lia-
ble to any individual affected—
(i) for damages equal to—
(I) the amount of—
(aa) any wages, salary, em-
ployment benefits, public assist-
ance, or other compensation de-
nied or lost to such individual by
reason of the violation; or
(bb) in a case in which
wages, salary, employment bene-
fits, public assistance, or other
compensation has not been de-
nied or lost to the individual, any
actual monetary losses sustained
by the individual as a direct re-
sult 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
or public agency that has violated
subsection (f) proves to the satisfac-
tion of the court that the act or omis-
sion that violated subsection (f) was
in good faith and that the employer or
public agency 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.
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed
in subparagraph (A) may be maintained against
any employer or public agency in any Federal
or State court of competent jurisdiction by any
1 or more affected 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
terminate—
(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-
dividual by an employer or public agency
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 or public agency liable under sub-
paragraph (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).
(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
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,
public assistance, or other compensation, plus
interest, found by the court to be due to af-
fected 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 or sexual violence,
pursuant to any other Federal or State law, includ-
ing a law providing for a legal remedy.
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO-
MESTIC OR SEXUAL VIOLENCE.
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 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).
(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
Victims’ Economic Security and Safety Act, to individuals
who take leave pursuant to section 102 of that Act, with-
out regard to whether the individuals receive assistance
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 or sexual violence than the rights established
under this title; or
(2) leave benefits for a larger population of vic-
tims of domestic or sexual violence (as defined in
such law, agreement, program, or plan) than the vic-
tims of domestic or sexual violence covered under
this title.
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for victims
of domestic or sexual violence under this title shall not
be diminished by any State or local law, collective bar-
gaining agreement, or employment benefits program or
plan.
SEC. 106. 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 Victims’ Economic Security
and Safety Act,’’ before ‘‘or the provisions’’.
SEC. 107. 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—
(1) to promote the national interest in reducing
domestic violence, dating violence, sexual assault,
and stalking by enabling victims of domestic or sex-
ual violence to maintain the financial independence
necessary to leave abusive situations, achieve safety,
and minimize the physical and emotional injuries
from domestic or sexual violence, and to reduce the
devastating economic consequences of domestic or
sexual violence to employers and employees;
(2) to promote the national interest in ensuring
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such victim-
ization and participate in the criminal and civil jus-
tice processes without fear of adverse economic con-
sequences;
(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 or sexual violence including intentional efforts
to frustrate the ability of women to participate in
employment and interstate commerce; and
(4) to accomplish the purposes described in
paragraphs (1), (2), and (3) by providing unemploy-
ment insurance to those who are separated from
their employment as a result of domestic or sexual
violence, in a manner that accommodates the legiti-
mate interests of employers and protects the safety
of all persons in the workplace.
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 or sexual violence; and’’; and
(2) by adding at the end the following new sub-
section:
‘‘(g) CONSTRUCTION.—
‘‘(1) IN GENERAL.—For purposes of subsection
(a)(19), an individual’s separation from employment
shall be treated as due to circumstances resulting
from the individual’s experience of domestic or sex-
ual violence if the separation resulted from—
‘‘(A) the individual’s reasonable fear of fu-
ture domestic or sexual violence at or en route
to or from the individual’s place of employment;
‘‘(B) the individual’s wish to relocate in
order to avoid future domestic or sexual vio-
lence against the individual or the individual’s
parent, son, or daughter (as such terms are de-
fined in section 3 of the Victims’ Economic Se-
curity and Safety Act);
‘‘(C) the individual’s need to obtain treat-
ment to address the physical or psychological
effects of domestic or sexual violence;
‘‘(D) the employer’s denial of the individ-
ual’s request for leave from employment to ad-
dress domestic or sexual violence and its effects
on the individual or the individual’s parent, son,
or daughter (as such terms are so defined), in-
cluding leave authorized by section 102 of the
Family and Medical Leave Act of 1993 or by
title I of the Victims’ Economic Security and
Safety Act;
‘‘(E) the employer’s termination of the in-
dividual’s employment due to actions, including
absences, taken by the individual that were nec-
essary to protect the individual or the individ-
ual’s family from domestic or sexual violence;
‘‘(F) the employer’s termination of the in-
dividual due to circumstances resulting from
the individual’s being, or being perceived to be,
a victim of domestic or sexual violence; or
‘‘(G) any other circumstance in which do-
mestic or sexual violence causes the individual
to reasonably believe that separation from em-
ployment is necessary for the future safety of
the individual or the individual’s family.
‘‘(2) REASONABLE
EFFORTS
TO
RETAIN
EM-
PLOYMENT.—For purposes of subsection (a)(19), if
State law requires the individual to have made rea-
sonable efforts to retain employment as a condition
for receiving unemployment compensation, such re-
quirement shall be met if the individual—
‘‘(A) sought protection from, or assistance
in responding to, domestic or sexual violence,
including calling the police, obtaining services
from a victim services organization (as defined
in section 3 of the Victims’ Economic Security
and Safety Act), or seeking legal, social work,
medical, clerical, or other assistance;
‘‘(B) sought safety, including refuge in a
shelter or temporary or permanent relocation,
whether or not the individual actually obtained
such refuge or accomplished such relocation; or
‘‘(C) reasonably believed that options such
as taking a leave of absence, transferring jobs,
or receiving an alternative work schedule would
not be sufficient to guarantee the safety of the
individual or the individual’s family.
‘‘(3) ACTIVE SEARCH FOR EMPLOYMENT.—For
purposes of subsection (a)(19), if State law requires
the individual to actively search for employment
after separation from employment as a condition for
receiving unemployment compensation—
‘‘(A) such requirement shall be treated as
met where the individual registers for work (the
individual is not otherwise required to seek em-
ployment on a weekly basis); and
‘‘(B) such law may not categorize an em-
ployment opportunity as suitable work for the
individual unless such employment opportunity
reasonably accommodates the individual’s need
to address the physical, psychological, legal, and
other effects of domestic or sexual violence.
‘‘(4) PROVISION
OF
INFORMATION
TO
MEET
CERTAIN REQUIREMENTS.—
‘‘(A) IN GENERAL.—In determining if an
individual meets the requirements of para-
graphs (1), (2), and (3), the unemployment
agency of the State in which an individual is re-
questing unemployment compensation by reason
of subsection (a)(19) may require the individual
to provide certification that the separation from
employment was due to circumstances resulting
from the individual’s experience of domestic or
sexual violence.
‘‘(B) SATISFACTION
OF
CERTIFICATION
REQUIREMENT.—An individual may satisfy the
certification requirement of subparagraph (A)
by providing to the unemployment agency—
‘‘(i) a sworn statement of the indi-
vidual;
‘‘(ii) documentation from an em-
ployee, agent, or volunteer of a victim serv-
ices organization (as defined in section 3 of
the Victims’ Economic Security and Safety
Act), an attorney, a member of the clergy,
or a medical or other professional, from
whom the individual has sought assistance
in addressing domestic or sexual violence
and the effects of that violence;
‘‘(iii) a police or court record; or
‘‘(iv) other corroborating evidence.
‘‘(C) CONFIDENTIALITY.—All information
provided to the unemployment agency pursuant
to this paragraph, including a statement of an
individual or any other documentation, record,
or corroborating evidence, and the fact that an
individual has applied for, inquired about, or
obtained unemployment compensation available
by reason of subsection (a)(19) shall be re-
tained in the strictest confidence by the individ-
ual’s former or current employer and the unem-
ployment agency, except to the extent that dis-
closure is—
‘‘(i) requested or consented to by the
individual; or
‘‘(ii) otherwise required by applicable
Federal or State law.’’.
(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 or sexual
violence); and
‘‘(B) claims reviewers and hearing per-
sonnel are adequately trained in—
‘‘(i) the nature and dynamics of do-
mestic or sexual violence (as defined in
section 3306(u) of the Internal Revenue
Code of 1986); and
‘‘(ii) methods of ascertaining and
keeping confidential information about pos-
sible experiences of domestic or sexual vio-
lence (as so defined) to ensure that—
‘‘(I) requests for unemployment
compensation based on separations
stemming from such violence are reli-
ably screened, identified, and adju-
dicated; 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
AND
SEXUAL
VIOLENCE.—A certification by the
chief officer of the State that the State has estab-
lished and is enforcing 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 or sexual
violence); and
‘‘(ii) assistance made available by the
State to victims of domestic or sexual vio-
lence;
‘‘(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 or sexual violence (as defined in
section 3306(u) of the Internal Revenue
Code of 1986);
‘‘(ii) State standards and procedures
relating to the prevention of, and assist-
ance for individuals who experience, do-
mestic or sexual violence (as so defined);
and
‘‘(iii) methods of ascertaining and
keeping confidential information about pos-
sible experiences of domestic or sexual vio-
lence (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
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 Victims’ Economic Secu-
rity and Safety Act).’’.
(d) DOMESTIC AND SEXUAL VIOLENCE TRAINING
GRANT PROGRAM.—
(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
(42 U.S.C. 503(a)(4)(B)), as added by
subsection (b), and under subparagraphs
(B) and, if applicable, (C)(ii) of section
402(a)(8) of the such Act (42 U.S.C.
602(a)(8)), 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 or sexual violence
whose primary mission is to provide serv-
ices to victims of domestic or sexual vio-
lence, such as a rape crisis center or do-
mestic 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 and sexual assault, such as a
joint domestic violence and sexual assault
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-
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 2002 to
carry out the provisions of paragraph
(1)(A); and
(ii) $12,000,000 for each of fiscal
years 2002 through 2004 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 of
Health and Human Services any unused por-
tion of such grant not later than 3 years after
the date the grant was awarded, together with
any earnings on such unused portion.
(C) AMOUNTS RETURNED.—Any amounts
returned pursuant to subparagraph (B) shall be
available without further appropriation to the
Secretary of Health and Human Services for
the purpose of carrying out the provisions of
paragraph (1)(B).
(e) DEFINITION
OF DOMESTIC
OR SEXUAL VIO-
LENCE.—Section 3306 of the Internal Revenue Code of
1986 (relating to definitions) is amended by adding at the
end the following:
‘‘(u) DOMESTIC OR SEXUAL VIOLENCE.—For pur-
poses of this chapter, the term ‘domestic or sexual vio-
lence’ means domestic violence, dating violence, sexual as-
sault, or stalking, as those terms are defined in section
3 of the Victims’ Economic Security and Safety Act.’’.
(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 or regulations in
order to comply with the amendments
made by this section (excluding the amend-
ment 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 or regulations in order to
comply with such amendments; 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
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-