[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1740 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1740

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

   Mrs. Murray (for herself, Mr. Brown, and Mr. Dodd) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 makes the following findings:
            (1) Domestic violence, dating violence, sexual assault, and 
        stalking are widespread in the United States, affecting 
        individuals of virtually every racial, ethnic, age, and 
        socioeconomic group. Women are disproportionately the victims 
        of such forms of violence, as nearly 1 in 4 female victims of 
        violent crime (23 percent) were victimized by an intimate 
        partner.
            (2) A recent Department of Justice study reports that 85 
        percent of victims of domestic violence are female, while 15 
        percent of victims are male. One out of every 4 women will 
        experience domestic or dating violence in their lifetime.
            (3) Nearly 7,800,000 women in the United States have been 
        raped by an intimate partner at some point in their lives. A 
        new study by the Department of Justice found that 64 percent of 
        rapes and sexual assaults experienced by female victims were 
        committed by non-strangers such as intimate partners, friends, 
        or family members.
            (4) According to a recent Government report, there were 
        248,300 rapes and sexual assaults in the United States in 2007, 
        up from 190,600 in 2005, with 90 percent of the rapes 
        perpetrated against female victims.
            (5) One in every 12 women and 1 in every 45 men have been 
        stalked in their lifetime. A new study by the Department of 
        Justice indicates 5,800,000 Americans were victims of stalking 
        and harassment in 2006, and that nearly 3 out of every 4 
        victims surveyed knew their offender in some capacity. Stalking 
        victims most often identified the stalker as a former intimate 
        (21.5 percent), or a friend, roommate, or neighbor (16.4 
        percent).
            (6) A recent Department of Justice study concluded that 
        violence against women occurred more often in disadvantaged 
        neighborhoods, and that women in disadvantaged neighborhoods 
        were twice as likely to be victims of domestic violence than 
        those in more financially secure neighborhoods. The rate of 
        severe violence experienced by women in disadvantaged 
        neighborhoods is 3 times that of women who experience violence 
        in nondisadvantaged neighborhoods.
            (7) According to the National Institute of Justice, crime 
        accounts for an estimated $450,000,000,000 each year 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. Of 
        this amount, violent crime accounts for $426,000,000,000 per 
        year.
            (8) Rape exacts the highest costs per victim of any 
        criminal offense, accounting for $127,000,000,000 per year in 
        related costs.
            (9) 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.
            (10) Homicide is a leading cause of death for women on the 
        job. Husbands, boyfriends, and ex-partners commit 15 percent of 
        workplace homicides against women.
            (11) Female murder victims are 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.
            (12) Sixty-one percent of senior executives recently 
        surveyed said domestic violence has a harmful effect on their 
        company's productivity, 70 percent said domestic violence 
        negatively affects attendance, and 55 percent said domestic 
        violence increases health care costs.
            (13) 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.
            (14) Ninety-four percent of corporate security and safety 
        directors at companies nationwide rank domestic violence as a 
        high security concern.
            (15) 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.
            (16) Medical costs in the United States 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.
            (17) A study released in 2007 calculated that violence cost 
        the United States $70,000,000,000 annually, with 
        $64,400,000,000 in lost productivity and $5,600,000,000 spent 
        on medical care. Annually, intimate partner violence costs the 
        United States $33,000,000,000 in lost productivity and 
        $4,000,000,000 for medical treatment.
            (18) 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.
            (19) 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.
            (20) 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.
            (21) Victims of domestic violence also frequently miss work 
        due to injuries, court dates, and safety concerns that require 
        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) 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.
            (23) According to a 2007 report by the Journal of 
        Interpersonal Violence and a recent study in Oregon, between 
        15.2 and 27.6 percent of women surveyed lost a job because of 
        abuse.
            (24) Domestic violence also affects abusers' ability to 
        work. Recent studies in Maine and Oregon indicate that between 
        48 and 57 percent of abusers reported having difficulty 
        concentrating at work, and between 42 percent and 51.8 percent 
        of offenders were either late or missed work entirely because 
        of their abusive behavior.
            (25) 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.
            (26) Abusers often harass their victims at work because it 
        is an easy way to access them. A recent study by the Journal of 
        Interpersonal Violence shows that between 56 and 88 percent of 
        surveyed women experienced on-the-job harassment by their 
        abusive partner.
            (27) Stalkers harass and terrorize their victims by spying 
        on them, standing outside their places of work or homes, making 
        unwanted phone calls, sending or leaving unwanted letters or 
        items, or vandalizing property.
            (28) A new study by the Department of Justice reveals that 
        of the 79 percent of stalking victims who were employed, 1 in 8 
        lost time from work. More than half of those victims surveyed 
        lost 5 or more days from work and 130,000 victims reported that 
        they had been fired from or asked to leave their jobs due to 
        stalking.
            (29) The prevalence of sexual assault and other violence 
        against women at work is also dramatic, as approximately 29,000 
        women are raped or sexually assaulted in the workplace each 
        year.
            (30) 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.
            (31) Domestic and sexual violence victims have been 
        subjected to discrimination by private and State employers, 
        including discrimination motivated by gender and stereotypical 
        notions regarding women.
            (32) Domestic violence victims and third parties who help 
        them have been subjected to discriminatory practices by health, 
        life, disability, and property and casualty insurers, as well 
        as 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 such practices, the scope of protection 
        afforded by the laws adopted varies in each State, with many 
        States 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.
            (33) With the exception of Illinois, no States prohibit 
        employment discrimination against all victims of domestic 
        violence, sexual assault, or stalking.
            (34) 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; and
                    (C) look for housing in order to escape from 
                domestic violence.
            (35) Only 12 States provide domestic violence victims with 
        leave from work to go to court, to see a doctor, or to take 
        other steps to address the domestic violence in their lives.
            (36) 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.
            (37) 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;
                    (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; or
                    (E) 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-time 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 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 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 2 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 victims of domestic violence, dating 
                violence, sexual assault, or stalking to take leave 
                from their employment 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 1 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 such reason.
                            (ii) Contents.--An employee may satisfy the 
                        certification requirement in 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 
                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 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 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 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 2010 to 
                        carry out the provisions of paragraph (1)(A); 
                        and
                            (ii) $12,000,000 for each of fiscal years 
                        2011 through 2013 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 
                        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 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).
    (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 paragraph (1), 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 with 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 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, 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. 1002(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 
        they have 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>