[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3185 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3185

To promote the economic security and safety of victims of domestic and 
                sexual violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

 Ms. Roybal-Allard (for herself, Mrs. Maloney, Ms. Solis, Mr. Moran of 
Virginia, Mr. George Miller of California, Mr. Van Hollen, Ms. Watson, 
 Mr. Honda, Mr. Kildee, Mr. Moore of Kansas, Mr. Udall of New Mexico, 
   Ms. Woolsey, Mrs. Capps, Ms. Loretta Sanchez of California, Mrs. 
    Tauscher, Ms. Matsui, Ms. Linda T. Sanchez of California, Mrs. 
  Napolitano, Ms. Lee, Ms. Baldwin, Ms. Millender-McDonald, Ms. Eddie 
Bernice Johnson of Texas, Ms. Corrine Brown of Florida, Ms. Jackson-Lee 
  of Texas, Ms. DeLauro, Ms. Velazquez, Ms. Kaptur, Mr. Hinchey, Mr. 
  Serrano, and Ms. Berkley) 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 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 and 
                sexual violence, 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 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 violence.
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 amendment.
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--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
                            WORKPLACE GRANT

Sec. 501. National clearinghouse on domestic and sexual violence in the 
                            workplace grant.
                         TITLE VI--SEVERABILITY

Sec. 601. Severability.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Violence against women has been reported to be the 
        leading cause of physical injury to women. Such violence has a 
        devastating impact on women's physical and emotional health, 
        financial security, and ability to maintain their jobs, and 
        thus impacts interstate commerce.
            (2) 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 impacts victims' ability to maintain employment.
            (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.
            (5) 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.
            (6) Domestic violence also affects perpetrators' 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.
            (7) Studies indicate that between 35 and 56 percent of 
        employed battered women surveyed were harassed at work by their 
        abusive partners.
            (8) Victims of domestic violence also frequently miss work 
        due to injuries, court dates, and safety concerns requiring 
        legal protections. Victims of domestic 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.
            (9) 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.
            (10) 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.
            (11) 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 1 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.
            (12) 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.
            (13) More than 35 percent of stalking victims report losing 
        time from work due to the stalking and 7 percent never return 
        to work.
            (14) Ninety-four percent of corporate security and safety 
        directors at companies nationwide rank domestic violence as a 
        high security concern.
            (15) Already, 27 States and the District of Columbia have 
        laws that explicitly provide unemployment insurance to domestic 
        violence victims in certain circumstances. However, these laws 
        vary in the extent to which they effectively address the 
        special circumstances of victims of domestic violence and very 
        few of the laws explicitly cover victims of sexual assault or 
        stalking. Moreover--
                    (A) victims who do not receive unemployment 
                insurance benefits often lack the economic independence 
                they need to escape violent relationships;
                    (B) victims who lose their jobs because of domestic 
                or sexual violence have lost their jobs through no 
                fault of their own, and thus are the intended 
                beneficiaries of unemployment compensation benefits;
                    (C) under many State unemployment compensation 
                laws, victims of domestic or sexual violence who 
                separate from their jobs because of the violence may 
                not be eligible to receive benefits because of the 
                circumstances of their separation;
                    (D) victims who must leave a job to relocate to a 
                safe location or to take other steps to secure their 
                safety may be barred from unemployment benefits on the 
                grounds that they left a job voluntarily and without 
                good cause; and
                    (E) victims who have qualified for benefits may not 
                be able to satisfy requirements concerning availability 
                for work or the suitability of potential work because 
                of their ongoing safety needs.
            (16) Five States provide victims of domestic or sexual 
        violence with leave from work to go to court, to the doctor, or 
        to take other steps to address the violence in their lives, and 
        several other States provide time off to victims of crimes, 
        which can include victims of domestic and sexual violence, to 
        attend court proceedings. However, many States have no 
        employment-protected leave provisions that allow victims of 
        domestic or sexual violence to take the time off they need to 
        address the violence.
            (17) 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.
            (18) 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 these problems, the scope of protection afforded by 
        the laws adopted varies from State to State, with many failing 
        to address the problem comprehensively. Moreover, Federal law 
        prevents States from protecting the almost 40 percent of 
        employees whose employers self-insure employee benefits.
            (19) 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) 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; nor does it prohibit insurers from 
                disclosure of information about abuse and the victim's 
                location 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 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 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.
            (7) Electronic communications.--The term ``electronic 
        communications'' includes communications via telephone, mobile 
        phone, computer, email, video recorder, fax machine, telex, or 
        pager.
            (8) 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).
            (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 employed 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 period, on a temporary basis, 
                pursuant to a detail, as an independent contractor, or 
                as a participant in a work assignment as a condition of 
                receipt of Federal or State income-based public 
                assistance.
            (10) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce 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 relation 
                to an employee, and includes a public agency, 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 ``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)).
            (12) Family or household member.--The term ``family or 
        household member'' means a non-abusive spouse, former spouse, 
        parent, son or daughter, or person residing or formerly 
        residing in the same dwelling unit.
            (13) 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).
            (14) 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).
            (15) 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).
            (16) 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.
            (17) 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.
            (18) Repeatedly.--The term ``repeatedly'' means on 2 or 
        more occasions.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (20) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 826 of the Higher Education 
        Amendments of 1998 (20 U.S.C. 1152).
            (21) 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.
            (22) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific 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.
            (23) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, 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 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 OR 
                            SEXUAL VIOLENCE

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 or sexual 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 recover from and 
        cope with the effects of such violence, and participate in 
        criminal and civil justice processes, without fear of adverse 
        economic consequences 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 amendment by 
        preventing sex-based discrimination and discrimination against 
        victims of domestic and sexual violence in employment leave, 
        addressing the failure of existing laws to protect the 
        employment rights of victims of domestic or sexual violence, 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 or sexual violence, 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 United Nations Charter, 
        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 or 
                sexual violence 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 or 
                sexual violence, 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 OR 
              SEXUAL VIOLENCE.

    (a) Leave Requirement.--
            (1) Basis.--An employee who is a victim of domestic or 
        sexual violence may take leave from work to address domestic or 
        sexual violence, by--
                    (A) seeking medical attention for, or recovering 
                from, physical or psychological injuries caused by 
                domestic or sexual violence 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 or 
                sexual violence 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 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 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 that--
                    (A) the employee or the employee's family or 
                household member is a victim of domestic or sexual 
                violence; and
                    (B) the leave is for 1 of the purposes enumerated 
                in subsection (a)(1).
        The employee shall provide a copy of such certification to the 
        employer within a reasonable period after the employer requests 
        certification.
            (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 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 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, recurrence, 
                                or onset of domestic or sexual 
                                violence, 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 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.
                    (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 with respect to the amount, terms, or 
                conditions of public assistance 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.
            (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 or public agency 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, public 
                                        assistance, 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, public assistance, 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 or 
                                public agency 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 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 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 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 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 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 damages 
                        described in subparagraph (A)(i) owing to an 
                        affected individual by an employer or public 
                        agency 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, public 
                assistance, 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 or sexual 
        violence, pursuant to any other Federal or State law, including 
        a law providing for a legal remedy.

SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC 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 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 Security and Financial Empowerment 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 or 
        sexual violence than the rights established under this title; 
        or
            (2) leave benefits for a larger population of victims of 
        domestic or sexual violence (as defined in such law, agreement, 
        program, or plan) than the victims of domestic or sexual 
        violence covered under this title.
    (b) Less Protective Laws, Agreements, Programs, 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 bargaining agreement, or employment benefits program or 
plan.

SEC. 106. 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 
Security and Financial Empowerment 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 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 or sexual 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 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 or sexual violence 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 and sexual violence 
        in unemployment insurance, by addressing the failure of 
        existing laws to protect the employment rights of victims of 
        domestic or sexual violence, 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 or 
        sexual violence, 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 or sexual 
        violence, 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 or sexual violence--
                    ``(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 3 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 or sexual violence.
                    ``(C) Documentation that the perpetrator has been 
                convicted of the offense of domestic or sexual 
                violence.
                    ``(D) Medical documentation of the domestic or 
                sexual violence.
                    ``(E) Evidence of domestic or sexual violence 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 or 
                sexual violence, 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 or sexual violence.
                    ``(G) A written statement of the claimant.
            ``(3) Domestic or sexual violence defined.--The term 
        `domestic or sexual violence' has the meaning given such term 
        in section 3 of the Security and Financial Empowerment 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 or 
                sexual violence); and
                    ``(B) claims reviewers and hearing personnel are 
                adequately trained in--
                            ``(i) the nature and dynamics of domestic 
                        or sexual violence (as defined in section 3 of 
                        the Security and Financial Empowerment Act); 
                        and
                            ``(ii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic or sexual violence (as 
                        so defined) to ensure that--
                                    ``(I) requests for unemployment 
                                compensation based on separations 
                                stemming from such violence are 
                                reliably screened, identified, and 
                                adjudicated; and
                                    ``(II) full confidentiality is 
                                provided for the individual's claim and 
                                submitted evidence; and''.
    (c) Effective Date.--
            (1) In general.--Except as provided in 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.
            (2) Extension of effective date for state law amendment.--
                    (A) 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, 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.
                    (B) Session defined.--In this paragraph, the term 
                ``session'' means a regular, special, budget, or other 
                session of a State legislature.
    (d) 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 or sexual violence than the rights 
        established under this title.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for victims of domestic or 
        sexual violence under this title shall not be diminished by any 
        more restrictive State or local law, collective bargaining 
        agreement, or employment benefits program or plan.

             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 or sexual 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 recover from and 
        cope with the effects of such violence, and participate in 
        criminal and civil justice processes, without fear of adverse 
        economic consequences 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 amendment to the 
        Constitution by preventing sex-based discrimination and 
        discrimination against victims of domestic and sexual violence 
        in employment, by addressing the failure of existing laws to 
        protect the employment rights of victims of domestic or sexual 
        violence, by protecting the civil and economic rights of 
        victims of domestic or sexual violence, 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 or sexual violence, 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 or sexual 
        violence, 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--
                    (A) is or is perceived to be a victim of domestic 
                or sexual violence;
                    (B) 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 or sexual violence of which the 
                individual, or the family or household member of the 
                individual, was a victim; or
                    (C) requested an adjustment to a job structure, 
                workplace facility, or work requirement, including a 
                transfer, reassignment, or modified schedule, leave, a 
                changed telephone number or seating assignment, 
                installation of a lock, or implementation of a safety 
                procedure, in response to actual or threatened domestic 
                or sexual violence, regardless of whether the request 
                was granted; or
            (2) the workplace is disrupted or threatened by the action 
        of a person whom the individual states has committed or 
        threatened to commit domestic or sexual violence against the 
        individual, or the 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 not making a reasonable accommodation to 
        the known limitations of an otherwise qualified individual--
                    (A) who is a victim of domestic or sexual violence;
                    (B) who is--
                            (i) an applicant or employee of the 
                        employer (including a public agency); or
                            (ii) an applicant for or recipient of 
                        public assistance from the public agency; and
                    (C) whose limitations resulted from circumstances 
                relating to being a victim of domestic or sexual 
                violence;
        unless the employer or public agency can demonstrate that the 
        accommodation would impose an undue hardship on the operation 
        of the employer or public agency.
            (2) Qualified individual.--The term ``qualified 
        individual'' means--
                    (A) in the case of an applicant or employee 
                described in paragraph (1)(B)(i), an individual who, 
                with or without reasonable accommodation, can perform 
                the essential functions of the employment position that 
                such individual holds or desires; or
                    (B) in the case of an applicant or recipient 
                described in paragraph (1)(B)(ii), an individual who, 
                with or without reasonable accommodation, can satisfy 
                the essential requirements of the program providing the 
                public assistance that the individual receives or 
                desires.
            (3) Reasonable accommodation.--The term ``reasonable 
        accommodation'' may include an adjustment to a job structure, 
        workplace facility, or work requirement, including a transfer, 
        reassignment, or modified schedule, leave, a changed telephone 
        number or seating assignment, installation of a lock, or 
        implementation of a safety procedure, in response to actual or 
        threatened domestic or sexual violence.
            (4) Undue hardship.--
                    (A) In general.--The term ``undue hardship'' means 
                an action requiring significant difficulty or expense, 
                when considered in light of the factors set forth in 
                subparagraph (B).
                    (B) Factors to be considered.--In determining 
                whether a reasonable accommodation would impose an 
                undue hardship on the operation of an employer or 
                public agency, factors to be considered include--
                            (i) the nature and cost of the reasonable 
                        accommodation needed under this section;
                            (ii) the overall financial resources of the 
                        facility involved in the provision of the 
                        reasonable accommodation, the number of persons 
                        employed at such facility, the effect on 
                        expenses and resources, or the impact otherwise 
                        of such accommodation on the operation of the 
                        facility;
                            (iii) the overall financial resources of 
                        the employer or public agency, the overall size 
                        of the business of an employer or public agency 
                        with respect to the number of employees of the 
                        employer or public agency, and the number, 
                        type, and location of the facilities of an 
                        employer or public agency; and
                            (iv) the type of operation of the employer 
                        or public agency, including the composition, 
                        structure, and functions of the workforce of 
                        the employer or public agency, the geographic 
                        separateness of the facility from the employer 
                        or public agency, and the administrative or 
                        fiscal relationship of the facility to the 
                        employer or public agency.

SEC. 304. ENFORCEMENT.

    (a) Civil Action by Individuals.--
            (1) Liability.--Any employer or public agency that violates 
        section 303 shall be liable to any individual affected for--
                    (A) damages equal to the amount of wages, salary, 
                employment benefits, public assistance, 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 or public agency in any Federal or State 
        court of competent jurisdiction by any 1 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).

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,''.

            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 1 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, psychological trauma, rape, sexual assault, 
                or involuntary sexual intercourse.
                    (B) 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.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) 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, such 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; and 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 an applicant 
for insurance or insured is, has been, or may be the subject of abuse:
            (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 of a claim arising out of abuse to 
an innocent insured under a property and casualty policy or insurance 
contract if the loss is caused by the intentional act of an insured.
    (c) 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 may--
                            (i) use, disclose, or transfer information 
                        relating to abuse status or acts 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 address or telephone number of 
                        an applicant for insurance or an insured or to 
                        the 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 comply with 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 subject of abuse applicant or insured 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.--
            (1) In general.--The Federal Trade Commission shall have 
        the power to examine and investigate any insurer to determine 
        whether such insurer has been or is engaged in any act or 
        practice prohibited by this title.
            (2) Cease and desist orders.--If the Federal Trade 
        Commission determines an insurer has been or is engaged in any 
        act or practice prohibited by this title, the Commission may 
        take action against such insurer by the issuance of a cease and 
        desist order as if the insurer was in violation of section 5 of 
        the Federal Trade Commission Act. Such cease and desist order 
        may include any individual relief warranted under the 
        circumstances, including temporary, preliminary, and permanent 
        injunctive and compensatory relief.
    (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--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
                            WORKPLACE GRANT

SEC. 501. NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
              WORKPLACE GRANT.

    (a) Authority.--The Attorney General may award a grant in 
accordance with this section to a private, nonprofit entity or tribal 
organization that meets the requirements of subsection (b), in order to 
provide for the establishment and operation of a national clearinghouse 
and resource center to provide information and assistance to employers, 
labor organizations, and advocates on behalf of victims of domestic or 
sexual violence, in their efforts to develop and implement appropriate 
responses to assist those victims.
    (b) Grantees.--Each applicant for a grant under this section shall 
submit to the Attorney General an application, which shall--
            (1) demonstrate that the applicant--
                    (A) has a nationally recognized expertise in the 
                area of domestic violence, dating violence, sexual 
                assault, and stalking, and a record of commitment and 
                quality responses to reduce domestic violence, dating 
                violence, sexual assault, and stalking; and
                    (B) will provide matching funds from non-Federal 
                sources in an amount equal to not less than 10 percent 
                of the total amount of the grant awarded under this 
                section; and
            (2) include a plan to maximize, to the extent practicable, 
        outreach to employers (including private companies, as well as 
        public entities such as universities, and State and local 
        governments) in developing and implementing appropriate 
        responses to assist employees who are victims of domestic or 
        sexual violence.
    (c) Use of Grant Amount.--A grant under this section may be used 
for staff salaries, travel expenses, equipment, printing, and other 
reasonable expenses necessary to assemble, maintain, and disseminate to 
employers, labor organizations, and advocates described in subsection 
(a), information on and appropriate responses to domestic violence, 
dating violence, sexual assault, and stalking, including--
            (1) training to promote a better understanding of 
        appropriate assistance to employee victims;
            (2) conferences and other educational opportunities;
            (3) development of protocols and model workplace policies;
            (4) employer- and union-sponsored victim services and 
        outreach counseling; and
            (5) assessments of the workplace costs of domestic 
        violence, dating violence, sexual assault, and stalking.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2004 through 2008.

                         TITLE VI--SEVERABILITY

SEC. 601. 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>