Security and Financial Empowerment (SAFE) Act - Sets forth entitlement standards and implementation guidelines for employee use of emergency leave to address domestic violence, dating violence, sexual assault, or stalking (domestic or sexual violence). Permits victims of domestic or sexual violence to substitute existing leave in lieu of emergency leave.
Authorizes state use of funds under part A of title IV of the Social Security Act (Temporary Assistance for Needy Families) (TANF) to provide nonrecurrent short-term emergency benefits for victims of domestic or sexual violence on emergency leave.
Amends the Internal Revenue Code to prohibit denial of unemployment compensation to individuals separated from employment due to their experience of domestic or sexual violence. Amends the Social Security Act to require training of unemployment compensation and TANF personnel to provide necessary services to victims of domestic or sexual violence.
Victims' Employment Sustainability Act - Prohibits certain discriminatory employer practices against victims of domestic or sexual violence.
Victims of Abuse Insurance Protection Act - Prohibits denial or restriction of insurance coverage (including termination of health insurance coverage) based on the status of the applicant or insured as a victim of domestic or sexual violence.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 739 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 739
To promote the economic security and safety of victims of domestic
violence, dating violence, sexual assault, or stalking, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2009
Ms. Roybal-Allard (for herself and Mr. Poe of Texas) introduced the
following bill; which was referred to the Committee on Education and
Labor, and in addition to the Committees on Ways and Means and
Financial Services, 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
violence, dating violence, sexual assault, or stalking, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security and
Financial Empowerment (SAFE) 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
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
Sec. 101. Purposes.
Sec. 102. Entitlement to emergency leave for addressing domestic
violence, dating violence, sexual assault,
or stalking.
Sec. 103. Existing leave usable for addressing domestic violence,
dating violence, sexual assault, or
stalking.
Sec. 104. Emergency benefits.
Sec. 105. Effect on other laws and employment benefits.
Sec. 106. Regulations.
Sec. 107. Conforming amendment.
Sec. 108. 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.
Sec. 306. Regulations.
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--SEVERABILITY
Sec. 501. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Violence against women has been reported to be the
leading cause of physical injury to women. Such violence has a
devastating impact on women's physical and emotional health,
financial security, and ability to maintain their jobs, and
thus impacts interstate commerce.
(2) Victims of domestic violence, dating violence, sexual
assault, and stalking are particularly vulnerable to changes in
employment, pay, and benefits, and as a result of their
desperate need for economic stability, are in particular need
of legal protection.
(3) The Bureau of National Affairs has estimated that
domestic violence costs United States employers between
$3,000,000,000 and $5,000,000,000 annually in lost time and
productivity, while other reports have estimated the cost at
between $5,800,000,000 and $13,000,000,000 annually.
(4) United States medical costs for domestic violence have
been estimated to be $31,000,000,000 per year. The medical cost
associated with each incident of domestic violence ranges from
$387 to $948, including costs of health care and mental health
services.
(5) Domestic violence crimes account for approximately 15
percent of total crime costs in the United States each year.
(6)(A) According to the National Institute of Justice,
crime costs an estimated $450,000,000,000 annually in medical
expenses, lost earnings, social service costs, pain, suffering,
and reduced quality of life for victims, which harms the
Nation's productivity and drains the Nation's resources.
(B) Violent crime accounts for $426,000,000,000 per year of
this amount.
(C) Rape exacts the highest costs per victim of any
criminal offense, and accounts for $127,000,000,000 per year of
the amount described in subparagraph (A).
(7) Violent crime results in wage losses equivalent to 1
percent of all United States earnings, and causes 3 percent of
the Nation's medical spending and 14 percent of the Nation's
injury-related medical spending.
(8) Homicide is the leading cause of death for women on the
job. Husbands, boyfriends, and ex-partners commit 15 percent of
workplace homicides against women.
(9) According to a recent study by the National Institutes
of Health and Centers for Disease Control and Prevention, each
year there are 5,300,000 non-fatal violent victimizations
committed by intimate partners against women. Female murder
victims were substantially more likely than male murder 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.
(10) Forty-nine percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, 47 percent said domestic violence
negatively affects attendance, and 44 percent said domestic
violence increases health care costs.
(11) Seventy-eight percent of human resources professionals
consider partner violence a workplace issue. However, more than
70 percent of United States workplaces have no formal program
or policy that addresses workplace violence, let alone domestic
violence. In fact, only 4 percent of employers provided
training on domestic violence.
(12) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high security concern.
(13) Women who have experienced domestic violence or dating
violence are more likely than other women to be unemployed, to
suffer from health problems that can affect employability and
job performance, to report lower personal income, and to rely
on welfare.
(14) Studies indicate that one of the best predictors of
whether a victim will be able to stay away from her abuser is
her degree of economic independence. However, domestic
violence, dating violence, sexual assault, and stalking often
negatively impact a victim's ability to maintain employment.
(15) According to a 1998 report of the General Accounting
Office, between \1/4\ and \1/2\ of domestic violence victims
surveyed in 3 studies reported that they lost a job due, at
least in part, to domestic violence.
(16) Employees in the United States who have been victims
of domestic violence, dating violence, sexual assault, or
stalking too often suffer adverse consequences in the workplace
as a result of their victimization.
(17) Domestic violence also affects abusers' ability to
work. A recent study found that 48 percent of abusers reported
having difficulty concentrating at work and 42 percent reported
being late to work. Seventy-eight percent reported using their
own company's resources in connection with the abusive
relationship.
(18) Abusers frequently seek to exert financial control
over 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 transportation, and sabotaging the
child care arrangements of their partners.
(19) Studies indicate that between 35 and 56 percent of
employed battered women surveyed were harassed at work by their
abusive partners.
(20) More than \1/2\ of women receiving welfare have been
victims of domestic violence as adults and between \1/4\ and
\1/3\ of women receiving welfare reported being abused in the
last year.
(21) Victims of domestic violence also frequently miss work
due to injuries, court dates, and safety concerns requiring
legal protections. Victims of intimate partner violence lose
8,000,000 days of paid work each year, the equivalent of over
32,000 full-time jobs and 5,600,000 days of household
productivity.
(22) Approximately 10,200,000 people have been stalked at
some time in their lives. Four out of every 5 stalking victims
are women. Stalkers harass and terrorize their victims by
spying on the victims, standing outside their places of work or
homes, making unwanted phone calls, sending or leaving unwanted
letters or items, or vandalizing property.
(23) More than 35 percent of stalking victims report losing
time from work due to the stalking and 7 percent never return
to work.
(24) The prevalence of sexual assault and other violence
against women at work is also dramatic. About 36,500
individuals, 80 percent of whom are women, were raped or
sexually assaulted in the workplace each year from 1993 through
1999. Half of all female victims of violent workplace crimes
know their attackers. Nearly one out of 10 violent workplace
incidents are committed by partners or spouses. Women who work
for State and local governments suffer a higher incidence of
workplace assaults, including rapes, than women who work in the
private sector.
(25) According to recent Government estimates,
approximately 987,400 rapes occur annually in the United
States, with 89 percent of the rapes perpetrated against female
victims. Since 2001, rapes have actually increased by 4
percent.
(26) Sexual assault, whether occurring in or out of the
workplace, can impair an employee's work performance, require
time away from work, and undermine the employee's ability to
maintain a job. Almost 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of the
assaults. An estimated 24 to 30 percent of abused working women
lose their jobs due to their abuse.
(27) Domestic and sexual violence victims have been
subjected to discrimination by private and State employers,
including discrimination motivated by sex and stereotypic
notions about women.
(28) Domestic violence victims and third parties who help
them have been subjected to discriminatory practices by health,
life, disability, and property and casualty insurers and
employers who self-insure employee benefits, who have denied or
canceled coverage, rejected claims, and raised rates based on
domestic violence. Although some State legislatures have tried
to address those practices, the scope of protection afforded by
the laws adopted varies from State to State, with many failing
to address the problem involved comprehensively. Moreover,
Federal law prevents States from protecting the almost 40
percent of employees whose employers self-insure employee
benefits.
(29) No States, with the exception of Illinois, prohibit
employment discrimination against all victims of domestic
violence, sexual assault, or stalking.
(30) Employees, including individuals participating 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, counseling,
or other services; or
(C) look for housing in order to escape from
domestic violence.
(31) Only 11 States provide domestic violence victims with
leave from work to go to court, to go to the doctor, or to take
other steps to address the domestic violence in their lives.
(32) Only 29 States and the District of Columbia have laws
that explicitly provide unemployment insurance to domestic
violence victims in certain circumstances, and none of the laws
explicitly cover victims of sexual assault or stalking.
(33) Existing Federal law does not explicitly--
(A) authorize victims of domestic violence, dating
violence, sexual assault, or stalking to take leave
from work to seek legal assistance and redress,
counseling, or assistance with safety planning
activities;
(B) address the eligibility of victims of domestic
violence, dating violence, sexual assault, or stalking
for unemployment compensation;
(C) prohibit employment discrimination against
actual or perceived victims of domestic violence,
dating violence, sexual assault, or stalking; or
(D)(i) prohibit insurers and employers who self-
insure employee benefits from discriminating against
domestic violence victims and those who help them in
determining eligibility, rates charged, and standards
for payment of claims; or
(ii) prohibit insurers from disclosing information
about abuse and the location of the victims through
insurance databases and other means.
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 maintaining a visual or physical
proximity to a person or conveying verbal or written threats,
including threats conveyed through electronic communications,
or threats implied by conduct.
(3) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(4) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(5) Domestic violence coalition.--The term ``domestic
violence coalition'' means a nonprofit, nongovernmental
membership organization that--
(A) consists of the entities carrying out a
majority of the domestic violence programs carried 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 training and
technical assistance to entities carrying out domestic
violence programs within a State, territory, political
subdivision, or area under Federal authority.
(6) Electronic communications.--The term ``electronic
communications'' includes communications via telephone
(including mobile phone), computer, e-mail, video recorder, fax
machine, telex, or pager.
(7) Employ; state.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(8) 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 employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(9) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs
fifteen or more individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, 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.
(10) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits 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 Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(11) Family or household member.--The term ``family or
household member'', used with respect to a person, means a
nonabusive individual who is a spouse, former spouse, parent,
son or daughter, or person residing or formerly residing in the
same dwelling unit as the person.
(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 agency'' 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 assistance, housing
assistance, and other benefits provided 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 workweek, or hours per workday, of an employee.
(17) Repeatedly.--The term ``repeatedly'' means on two or
more occasions.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(19) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(20) Sexual assault coalition.--The term ``sexual assault
coalition'' means a nonprofit, nongovernmental 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 training and
technical assistance to entities carrying out sexual
assault programs within a State, territory, political
subdivision, or area under Federal authority.
(21) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
(22) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ``victim of domestic violence,
dating violence, sexual assault, or stalking'' includes a
person who has been a victim of domestic violence, dating
violence, sexual assault, or stalking and a person whose family
or household member has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
(23) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, dating violence, sexual assault, or stalking, or to
advocates for such victims, including a rape crisis center, an
organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, or an organization providing assistance through the
legal process.
TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
SEC. 101. PURPOSES.
The purposes of this title are, pursuant to the affirmative power
of Congress to enact legislation under the portions 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 violence, dating violence, sexual
assault, or stalking to maintain the financial independence
necessary to leave abusive situations, achieve safety, and
minimize the physical and emotional injuries from domestic
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 employees;
(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 criminal and civil justice
processes, without fear of adverse economic consequences from
their employers;
(3) to ensure 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 criminal and civil
justice processes, without fear of adverse economic
consequences with respect to public benefits;
(4) to promote the purposes of the 14th amendment by
preventing sex-based discrimination and discrimination against
victims of domestic violence, dating violence, sexual assault,
or stalking in employment leave, 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 their civil and economic rights, and by
furthering the equal opportunity of women for economic self-
sufficiency and employment free from discrimination;
(5) to minimize the negative impact on interstate 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;
(6) to further the goals of human rights and dignity
reflected in instruments such as the Charter of the United
Nations, the Universal Declaration of Human Rights, and the
International Covenant on Civil and Political Rights; and
(7) to accomplish the purposes described in paragraphs (1)
through (6) by--
(A) entitling employed victims of domestic
violence, dating violence, sexual assault, or stalking
to take leave to seek medical help, legal assistance,
counseling, safety planning, and other assistance
without penalty from their employers; and
(B) prohibiting employers from discriminating
against actual or perceived victims 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.
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Leave Requirement.--
(1) Basis.--An employee who is a victim of domestic
violence, dating violence, sexual assault, or stalking may take
leave from work to address domestic violence, dating violence,
sexual assault, or stalking, by--
(A) seeking medical attention for, or recovering
from, physical or psychological injuries caused by
domestic violence, dating violence, sexual assault, or
stalking to the employee or the employee's family or
household member;
(B) obtaining services from a victim services
organization for the employee or the employee's family
or household member;
(C) obtaining psychological or other counseling for
the employee or the employee's family or household
member;
(D) participating in safety planning, temporarily
or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
family or household member from future domestic
violence, dating violence, sexual assault, or stalking
or ensure economic security; or
(E) seeking legal assistance or remedies to ensure
the health and safety of the employee or the employee's
family or household member, including preparing for or
participating in any civil or criminal legal proceeding
related to or derived from domestic violence, dating
violence, sexual assault, or stalking.
(2) Period.--An employee may take not more than 30 days of
leave, as described in paragraph (1), in any 12-month period.
(3) Schedule.--Leave described in paragraph (1) may be
taken intermittently or on a reduced leave schedule.
(b) Notice.--The employee shall provide the employer with
reasonable notice of the employee's intention to take the leave, unless
providing such notice is not practicable.
(c) Certification.--
(1) In general.--The employer may require the employee to
provide certification to the employer, within a reasonable
period after the employer requests the certification, that--
(A) the employee or the employee's family or
household member is a victim of domestic violence,
dating violence, sexual assault, or stalking; and
(B) the leave is for one of the purposes enumerated
in subsection (a)(1).
(2) Contents.--An employee may satisfy the certification
requirement of paragraph (1) by providing to the employer--
(A) a sworn statement of the employee;
(B) documentation from an employee, 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 assistance in
addressing domestic violence, dating violence, sexual
assault, or stalking and the effects of domestic
violence, dating violence, sexual assault, or stalking;
(C) a police or court record; or
(D) other corroborating evidence.
(d) Confidentiality.--All information provided to the employer
pursuant to subsection (b) or (c), including a statement of the
employee or any other documentation, record, or corroborating evidence,
and the fact that the employee has requested or obtained leave pursuant
to this section, shall be retained in the strictest confidence by the
employer, except to the extent that disclosure is--
(1) requested or consented to by the employee in writing;
or
(2) otherwise required by applicable Federal or State law.
(e) Employment and Benefits.--
(1) Restoration to position.--
(A) In general.--Except as provided in paragraph
(2), any employee who takes leave under this section
for the intended purpose of the leave shall be
entitled, on return from such leave--
(i) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
(ii) to be restored to an equivalent
position with equivalent employment benefits,
pay, and other terms and conditions of
employment.
(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 subsection shall
be construed to entitle any restored employee to--
(i) the accrual of any seniority or
employment 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 employer from requiring an
employee on leave under this section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Exemption concerning certain highly compensated
employees.--
(A) Denial of restoration.--An employer 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 restoration
on such basis at the time the employer
determines that such injury would occur; and
(iii) in any case in which the leave has
commenced, the employee elects not to return to
employment after receiving such notice.
(B) Affected employees.--An employee referred to in
subparagraph (A) is a salaried employee who is among
the highest paid 10 percent of the employees employed
by the employer within 75 miles of the facility at
which the employee is employed.
(3) Maintenance of health benefits.--
(A) Coverage.--Except as provided in subparagraph
(B), during any period that an employee takes leave
under this section, the employer shall maintain
coverage under any group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of
1986) for the duration of such leave at the level and
under the conditions coverage would have been provided
if the employee had continued in employment
continuously 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 during any period of leave under this
section if--
(i) the employee fails to return from leave
under this section after the period of leave to
which the employee is entitled has expired; and
(ii) the employee fails to return to work
for a reason other than--
(I) the continuation of, recurrence
of, or onset of an episode of domestic
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 require an
employee who claims that the employee is unable
to return to work because of a reason described
in subclause (I) or (II) of subparagraph
(B)(ii) to provide, within a reasonable period
after making the claim, certification to the
employer that the employee is unable to return
to work because of that reason.
(ii) Contents.--An employee may satisfy the
certification requirement of clause (i) by
providing to the employer--
(I) a sworn statement of the
employee;
(II) documentation from an
employee, 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
assistance in addressing domestic
violence, dating violence, sexual
assault, or stalking and the effects of
domestic violence, dating violence,
sexual assault, or stalking;
(III) a police or court record; or
(IV) other corroborating evidence.
(D) Confidentiality.--All information provided to
the employer pursuant to subparagraph (C), including a
statement of the employee 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
subparagraph (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 unlawful for
any employer to interfere with, restrain, 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 compensation, terms, conditions, or
privileges of employment of the individual (including
retaliation in any form or manner) because the
individual--
(i) exercised any right provided under this
section; or
(ii) opposed any practice made unlawful by
this section.
(C) Public agency sanctions.--It shall be unlawful
for any public agency to deny, reduce, or terminate the
benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any
individual (including retaliation in any form or
manner) with respect to the amount, terms, or
conditions of public assistance of the individual
because the individual--
(i) exercised any right provided under this
section; or
(ii) opposed any practice made unlawful by
this section.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate (as described in subparagraph (B) or (C) of
paragraph (1)) against any individual because such 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 information
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 individuals.--
(A) Liability.--Any employer that violates
subsection (f) shall be liable to any individual
affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost to
such individual by reason of
the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
has not been denied or lost to
the individual, any actual
monetary losses sustained by
the individual as a direct
result of the violation;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(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
subsection (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 liability to the amount
and interest determined under
subclauses (I) and (II), respectively;
and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(B) Right of action.--An action to recover 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 affected individuals for and on behalf of--
(i) the individuals; or
(ii) the individuals and other individuals
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 attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
(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 described in
subparagraph (A)(i) to such individual 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 damages
described in subparagraph (A)(i) owing to an
affected individual by an employer 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 Secretary 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 jurisdiction to
recover the damages described in paragraph (1)(A)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly 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 commenced 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, reinstatement, and
promotion.
(5) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
this subsection.
(6) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer or public agency to an individual, for harm suffered
relating to the individual's experience of domestic violence,
dating violence, sexual assault, or stalking, pursuant to any
other Federal or State law, including a law providing for a
legal remedy.
(7) Library of congress.--Notwithstanding any other
provision of this subsection, in the case of the Library of
Congress, the authority of the Secretary 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 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 entity 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 subsection provides in the case of a violation of
subsection (f) to that agency, that Board, or any
person alleging a violation of subsection (f),
respectively, against an employee who is such an
individual.
(9) Public agencies providing public assistance.--
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
condition of public assistance as a result of the violation--
(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 appropriate.
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING.
An employee who is entitled to take paid or unpaid leave (including
family, medical, sick, annual, personal, or similar leave) from
employment, pursuant to State or local law, a collective bargaining
agreement, or an employment benefits program or plan, may elect to
substitute any period of such leave for an equivalent period of leave
provided 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 individual.
(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 benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than 7 days after the applicant submits an
application under paragraph (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 Benefits.--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 assistance under the State
program funded under this part.''.
SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
(a) More Protective Laws, Agreements, Programs, and Plans.--Nothing
in this title shall be construed to supersede any provision of any
Federal, State, or local law, collective bargaining agreement, or
employment benefits program or plan that provides--
(1) greater leave benefits for victims of domestic
violence, dating violence, sexual assault, or stalking than the
rights established under this title; or
(2) leave benefits for a larger population of victims of
domestic violence, dating violence, sexual assault, or stalking
(as defined in such law, agreement, program, or plan) than the
victims of domestic violence, dating violence, sexual assault,
or stalking covered under this title.
(b) Less Protective Laws, Agreements, Programs, and Plans.--The
rights established for victims of domestic violence, dating violence,
sexual assault, or stalking under this title shall not be diminished by
any State or local law, collective bargaining agreement, or employment
benefits program or plan.
SEC. 106. REGULATIONS.
(a) In General.--
(1) Authority to issue regulations.--Except 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
customarily placed, a notice, to be prepared or approved by the
Secretary, summarizing the provisions of this title and
providing information on procedures for filing complaints. The
Secretary shall develop such a notice and provide copies to
employers upon request without charge.
(b) Library of Congress.--The Librarian of Congress shall prescribe
the regulations described in subsection (a) with respect to employees
of the Library of Congress. The regulations prescribed under this
subsection shall, to the extent appropriate, be consistent with the
regulations prescribed by the Secretary under subsection (a).
(c) Certain Public Agency Employers.--The Office of Personnel
Management shall prescribe the regulations described in subsection (a)
with respect to individuals 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 Government). The regulations
prescribed under this subsection shall, to the extent appropriate, be
consistent with the regulations prescribed by the Secretary under
subsection (a).
(d) Public Agencies Providing Public Assistance.--The President
shall prescribe the regulations described 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
discrimination described in section 102(f)(1)(C). The regulations
prescribed under this subsection shall, to the extent appropriate, be
consistent with the regulations prescribed by the Secretary under
subsection (a).
SEC. 107. CONFORMING AMENDMENT.
Section 1003(a)(1) of the Rehabilitation Act Amendments 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 UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
SEC. 201. PURPOSES.
The purposes of this title are, pursuant to the affirmative power
of Congress to enact legislation under the portions 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--
(1) to promote the national interest in reducing domestic
violence, dating violence, sexual assault, and stalking by
enabling victims of domestic violence, dating violence, sexual
assault, or stalking to maintain the financial independence
necessary to leave abusive situations, achieve safety, and
minimize the physical and emotional injuries from domestic
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 employees;
(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 interstate commerce
from dislocations of employees and harmful effects on
productivity, loss of employment, health care costs, and
employer costs, caused by domestic violence, dating violence,
sexual assault, or stalking, including intentional efforts to
frustrate the ability of women to participate in employment and
interstate commerce;
(4) to promote the purposes of the 14th amendment 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 employment 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-sufficiency and
employment free from discrimination; and
(5) to accomplish the purposes described in paragraphs (1)
through (4) by providing unemployment 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.
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 experience of domestic violence, dating
violence, sexual assault, 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 subsection:
``(g) Construction.--For purposes of subsection (a)(19)--
``(1) Documentation.--In determining eligibility for
compensation due to circumstances resulting from an
individual's experience of domestic violence, 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 demonstrate
eligibility, except that a State may require the
presentation of a form of identification 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 documentation:
``(A) An order of protection or other documentation
issued by a court.
``(B) A police report or criminal charges
documenting the domestic violence, dating violence,
sexual assault, or stalking.
``(C) Documentation that the perpetrator has been
convicted of the offense of domestic violence, dating
violence, sexual assault, or stalking.
``(D) Medical documentation of the domestic
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 domestic violence
shelter worker.
``(F) A written statement that the applicant or the
applicant's minor child is a victim of domestic
violence, dating violence, sexual assault, 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 violence, dating violence, sexual assault, or
stalking.
``(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.''.
(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 following new
paragraph:
``(4) Such methods of administration as will ensure that--
``(A) applicants for unemployment compensation and
individuals inquiring about such compensation are
adequately notified of the provisions of subsections
(a)(19) and (g) of section 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 personnel are
adequately trained in--
``(i) the nature and dynamics of domestic
violence, dating violence, sexual assault, or
stalking (as such terms are defined in section
3 of the Survivors' Empowerment and Economic
Security Act); and
``(ii) methods of ascertaining and keeping
confidential information about possible
experiences of domestic violence, dating
violence, sexual assault, or stalking (as so
defined) to ensure that--
``(I) requests for unemployment
compensation based on separations
stemming from domestic violence, dating
violence, sexual assault, or stalking
(as so defined) are reliably screened,
identified, and adjudicated; and
``(II) full confidentiality is
provided for the individual's claim and
submitted evidence; and''.
(c) TANF Personnel Training.--Section 402(a) of the Social Security
Act (42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:
``(8) Certification that the state will provide information
to victims of domestic violence, dating violence, sexual
assault, or stalking.--A certification by the chief officer of
the State that the State has established and is 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 Internal Revenue
Code of 1986 (relating to the availability of
unemployment compensation for victims of
domestic violence, dating violence, sexual
assault, or stalking); and
``(ii) assistance made available by the
State to victims of domestic violence, dating
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--
``(i) the nature and dynamics of domestic
violence, dating violence, sexual assault, or
stalking (as so defined);
``(ii) State standards and procedures
relating to the prevention of, and assistance
for individuals who experience, domestic
violence, dating violence, sexual assault, or
stalking (as so defined); and
``(iii) methods of ascertaining and keeping
confidential information about possible
experiences of domestic violence, dating
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 violence
pursuant to paragraph (7), ensure that--
``(i) applicants for assistance under the
program and individuals inquiring about such
assistance are adequately notified of options
available under such standards 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 procedures; 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 section 202(d)(2) of the
Survivors' Empowerment and Economic Security Act).''.
(d) Domestic Violence, Dating Violence, Sexual Assault, or Stalking
Training Grant Program.--
(1) Grants authorized.--The Secretary of Health and Human
Services (in this subsection referred 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
subparagraphs (B) and, if applicable, (C)(ii)
of section 402(a)(8) of the such Act, as added
by subsection (c); and
(ii) provide technical assistance with
respect to such model training program; and
(B) grants to State, tribal, or local agencies 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 program established under
part A of title IV of the Social Security Act in a
State or Indian reservation with the training required
under subparagraphs (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
organization with recognized expertise in the
dynamics of domestic violence, dating violence,
sexual assault, or stalking whose primary
mission is to provide services to victims of
domestic violence, dating violence, sexual
assault, or stalking, such as a rape crisis
center or domestic violence program; or
(iii) an organization with demonstrated
expertise in State or county welfare laws and
implementation of such laws and experience with
disseminating information 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 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 violence and
sexual assault expertise requirement 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 manner, and containing such information
as the Secretary specifies.
(4) Reports.--
(A) Reports to congress.--The Secretary shall
annually submit a report to Congress 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 submitted under subparagraph (A).
Such procedures shall include the use of the Internet
to disseminate such reports.
(5) Authorization of appropriations.--
(A) Authorization.--There are authorized 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).
(B) Three-year availability of grant funds.--Each
recipient of a grant under this subsection shall return
to the Secretary any unused portion 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 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 Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
victims of domestic violence, dating violence, sexual assault,
or stalking than the rights established under this title.
(2) Less protective laws, agreements, programs, and
plans.--The rights established for victims of domestic
violence, dating violence, sexual assault, or stalking under
this title shall not be diminished by any more restrictive
State or local law, collective bargaining agreement, or
employment benefits 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 beginning 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 policies in order to
comply with the amendments made by this section
(excluding the amendment made by subsection
(c)), such amendments shall apply in the case
of compensation paid for weeks beginning after
the earlier of--
(I) the date the State changes its
statutes, regulations, or policies in
order to comply with such 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 amendments
apply before the date that is 180 days after
the date of enactment of this Act.
(ii) Session defined.--In this
subparagraph, 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
legislation in order for the plan to meet the
additional requirements imposed by the amendment made
by subsection (c), the State plan shall not be regarded
as failing to comply with the requirements of such
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 affirmative power
of Congress to enact legislation under the portions 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 violence, dating violence, sexual
assault, or stalking to maintain the financial independence
necessary to leave abusive situations, achieve safety, and
minimize the physical and emotional injuries from domestic
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 employees;
(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 criminal and civil justice
processes, without fear of adverse economic consequences from
their employers;
(3) to ensure 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 criminal and civil
justice processes, without fear of adverse economic
consequences with respect to public benefits;
(4) to promote the purposes of the 14th amendment 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 economic rights of victims of domestic violence, dating
violence, sexual assault, or stalking, and by furthering the
equal opportunity of women for economic self-sufficiency and
employment free from discrimination;
(5) to minimize the negative impact on interstate 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
(6) to accomplish the purposes described in paragraphs (1)
through (5) by prohibiting employers from discriminating
against actual or perceived victims 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.
SEC. 303. PROHIBITED DISCRIMINATORY ACTS.
(a) In General.--An employer shall not fail to hire, refuse to
hire, discharge, or harass any individual, or otherwise discriminate
against any individual with respect to the compensation, terms,
conditions, or privileges of employment of the individual (including
retaliation in any form or manner), and a public agency shall not deny,
reduce, or terminate the benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any individual with
respect to the amount, terms, or conditions of public assistance of the
individual (including retaliation 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, participate in, or prepare
for, a criminal or civil court proceeding 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 procedure or a job-related
modification to enhance the security 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 violence, dating violence, sexual
assault, or stalking against that individual, or that
individual's family or household member.
(b) Definitions.--In this section:
(1) Discriminate.--The term ``discriminate'', used with
respect to the terms, conditions, or privileges of employment
or with respect to the terms or conditions of public
assistance, includes failing to implement, on request from an
individual, in response to actual or threatened domestic
violence, dating violence, sexual assault, or stalking, a
reasonable 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, provision of a
transfer, provision of leave, modification of a schedule, or
adjustment of a work requirement), unless the employer or
public agency can demonstrate 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 difficulty or expense.
SEC. 304. ENFORCEMENT.
(a) Civil Action by Individuals.--
(1) Liability.--Any employer that violates section 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;
(B) compensatory damages, including damages for
future pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of enjoyment or
life, and other nonpecuniary losses;
(C) such punitive damages, up to 3 times the amount
of actual damages sustained, as the court described in
paragraph (2) shall determine to be appropriate; and
(D) such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer in any Federal or State court of competent
jurisdiction by any one or more individuals described in
section 303.
(b) Action by Department of Justice.--The Attorney General may
bring a civil action in any Federal or State court of competent
jurisdiction to recover the damages or equitable relief described in
subsection (a)(1).
(c) Library of Congress.--Notwithstanding any other provision of
this section, in the case of the Library of Congress, the authority of
the Secretary under this section 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 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 entity of the legislative branch of
the Federal Government), paragraph (2) shall apply.
(2) Authority.--In the case described in subparagraph (A),
the powers, remedies, and 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 Protection
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 violation of section 303, respectively, against an employee
who is such an individual.
(e) Public Agencies Providing Public Assistance.--Consistent with
regulations prescribed under section 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 assistance as a result of the violation--
(1)(A) the amount of any public assistance denied or lost
to such individual by reason of the violation; 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' Employment 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 Congress shall prescribe
the regulations described in subsection (a) with respect to employees
of the Library of Congress. The regulations prescribed under this
subsection shall, to the extent appropriate, be consistent with the
regulations prescribed by the Secretary under subsection (a).
(c) Certain Public Agency Employers.--The Office of Personnel
Management, after consultation under the Office of Special Counsel and
the Merit Systems Protection Board, shall prescribe the regulations
described in subsection (a) with respect to individuals 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 Government). The
regulations prescribed under this subsection shall, to the extent
appropriate, be consistent with the regulations prescribed by the
Secretary under subsection (a).
(d) Public Agencies Providing Public Assistance.--The President
shall prescribe the regulations described 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 section 303(a) against any individual with respect to the amount,
terms, or conditions of public assistance. The regulations prescribed
under this subsection shall, to the extent appropriate, be consistent
with the regulations prescribed 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 Insurance
Protection Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Abuse.--The term ``abuse'' means the occurrence of one
or more of the following acts by a current or former household
or family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person
bodily injury, physical harm, substantial 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 repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(D) Subjecting another person to false imprisonment
or kidnapping.
(E) Attempting to cause or causing damage to
property so as to intimidate or attempt to control the
behavior of another person.
(2) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-assuming
basis to provide, deliver, arrange for, pay for, or reimburse
any of the cost of health care services, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation, 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 benefit plan, including an
individual, corporation, partnership, 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 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 insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third-
party administrators. The term includes employers who provide
or make available employment benefits through an employee
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 contract 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;
(B) a person who has prior or current injuries,
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 indirectly, engage in
any of the following acts or practices on the basis that the applicant
or insured, or any person employed by the applicant or insured or with
whom the applicant or insured is known to have a relationship or
association, 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 reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage
for losses or denying a claim, except as otherwise permitted or
required by State laws relating to life insurance
beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(b) Prohibition on Limitation of Claims.--No insurer may, directly
or indirectly, deny or limit payment to an insured who is a subject of
abuse if the claim for payment is a result of the abuse.
(c) Prohibition on Termination.--
(1) In general.--No insurer or health carrier may terminate
health coverage for a subject of abuse because coverage was
originally issued in the name of the abuser and the abuser has
divorced, separated from, or lost custody of the subject of
abuse or the abuser's coverage has terminated voluntarily or
involuntarily and the subject of abuse does not qualify for an
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
subject of abuse pay the full premium for the subject's
coverage under the health plan if the requirements are applied
to all insured of the health carrier.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by any
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986 provided to a subject of abuse and is not intended to be
in addition to any extension of coverage otherwise provided for
under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and
privacy of subjects of abuse, no person employed by or
contracting with an insurer or health benefit plan may
(without the consent of the subject)--
(i) use, disclose, or transfer information
relating to abuse status, acts of abuse, abuse-
related medical conditions, or the applicant's
or insured's status as a family member,
employer, associate, or person in a
relationship with a subject of abuse for any
purpose unrelated to the direct provision of
health care services unless such use,
disclosure, or transfer is required by an order
of an entity with authority to regulate
insurance or an order of a court of competent
jurisdiction; or
(ii) disclose or transfer information
relating to an applicant's or insured's mailing
address or telephone number or the mailing
address and telephone number of a shelter for
subjects of abuse, unless such disclosure or
transfer--
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential to
endanger the safety of a subject of
abuse.
(B) Rule of construction.--Nothing in this
paragraph may be construed to limit or preclude a
subject of abuse from obtaining the subject's own
insurance records from an insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer or
health carrier to disregard such provided evidence.
SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.
Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents,
and brokers for the purpose of protecting the safety and privacy of a
subject of abuse and otherwise implementing this title when taking an
application, investigating a claim, or taking any other action relating
to a policy or claim involving a subject of abuse.
SEC. 405. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a subject of
abuse, shall advise the applicant or insured who is the subject of
abuse of the specific reasons for the action in writing. For purposes
of this section, reference to general underwriting practices or
guidelines shall not constitute a specific reason.
SEC. 406. LIFE INSURANCE.
Nothing in this title shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a
beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse against the proposed insured.
SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited without
the informed consent of the subject of abuse.
SEC. 408. ENFORCEMENT.
(a) Federal Trade Commission.--Any act or practice prohibited by
this title shall be treated as an unfair and deceptive act or practice
pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C.
45) and the Federal Trade Commission shall enforce this title in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of this
title, including issuing a cease and desist order granting any
individual relief warranted under the circumstances, including
temporary, preliminary, and permanent injunctive relief and
compensatory damages.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been adversely affected by an act
or practice of an insurer in violation of this title may
maintain an action against the insurer in a Federal or State
court of original jurisdiction.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), the
court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses.
(3) Statutory damages.--With respect to compensatory
damages in an action described in paragraph (1), the aggrieved
individual may elect, at any time prior to the rendering of
final judgment, to recover in lieu of actual damages, an award
of statutory damages in the amount of $5,000 for each
violation.
SEC. 409. EFFECTIVE DATE.
This title shall apply with respect to any action taken on or after
the date of enactment of this Act.
TITLE V--SEVERABILITY
SEC. 501. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to House Education and Labor
Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, and Financial Services, 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.
Referred to House Ways and Means
Referred to House Financial Services
Sponsor introductory remarks on measure. (CR H912)
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