1.Short title; table of
contents
(a)This Act may be cited as the Security and Financial Empowerment (SAFE)
Act
.
(b)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.
2.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.
3.In this Act, except as otherwise expressly
provided:
(1)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)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)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)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 coalitionThe 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
communicationsThe term electronic communications
includes communications via telephone (including mobile phone), computer,
e-mail, video recorder, fax machine, telex, or pager.
(7)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)
(A)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)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)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)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 memberThe 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)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)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)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)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)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)The
term repeatedly means on 2 or more occasions.
(18)The
term Secretary means the Secretary of Labor.
(19)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)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)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
stalkingThe 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 organizationThe 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.
<enum>I</enum><header>Entitlement to
emergency leave for addressing domestic violence, dating violence, sexual
assault, or stalking</header>
<section id="ID10837E935A214A34B280CC49B6A2A083"><enum>101.</enum><header>Purposes</header><text display-inline="no-display-inline">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—</text>
<paragraph id="IDB2999E2A69D44E36BD23A57EC8948877"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="ID041653C8EC7F4F5BA8445DD9A651FAF3"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="ID79CBDD68C9364C2CBB61E5A929E1FC2C"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="IDBC8E20333B6349D7A31B612E7E424D95"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="IDCB0AC9818ABC4AC39E81C89816D200CA"><enum>(5)</enum><text>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;</text>
</paragraph><paragraph id="IDB29D4A3996EA4EC0A263DDC929BC902D"><enum>(6)</enum><text>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</text>
</paragraph><paragraph id="ID288AA7C68942466BB88FC4DCE7035421"><enum>(7)</enum><text>to accomplish the
purposes described in paragraphs (1) through (6) by—</text>
<subparagraph id="ID31A9881E76A442F582A57C2353BEFF00"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="ID129A4A488BFB465AB3E084381B839525"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></section><section id="IDDA017437573F477F9138DE39D8E62F21"><enum>102.</enum><header>Entitlement to
emergency leave for addressing domestic violence, dating violence, sexual
assault, or stalking</header>
<subsection id="ID5173D0FE07444EA48EC98C12121BBF8B"><enum>(a)</enum><header>Leave
requirement</header>
<paragraph id="IDFE5B37B17FC548A48EDED8390000578D"><enum>(1)</enum><header>Basis</header><text>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—</text>
<subparagraph id="ID42EC57150E78495AA7F11F845E066EDA"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="ID3DA43C33AEBC4F5CA3C5A8852DE1EDA7"><enum>(B)</enum><text>obtaining
services from a victim services organization for the employee or the employee’s
family or household member;</text>
</subparagraph><subparagraph id="IDBE9E25B7E5004E81889CA64239B1FD12"><enum>(C)</enum><text>obtaining
psychological or other counseling for the employee or the employee’s family or
household member;</text>
</subparagraph><subparagraph id="IDE92B7E9B745F4F57B44200FDFACFFD66"><enum>(D)</enum><text>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</text>
</subparagraph><subparagraph id="ID95E1C20A71714B55004C8B172B30D12D"><enum>(E)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="IDB8A03B4986A14B24ADF4CACEB4B2AF79"><enum>(2)</enum><header>Period</header><text>An
employee may take not more than 30 days of leave, as described in paragraph
(1), in any 12-month period.</text>
</paragraph><paragraph id="IDB2A2CD9132354EE5B13859473975ED68"><enum>(3)</enum><header>Schedule</header><text>Leave
described in paragraph (1) may be taken intermittently or on a reduced leave
schedule.</text>
</paragraph></subsection><subsection id="IDAD109E2003774377A877A0D7EB668000"><enum>(b)</enum><header>Notice</header><text>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.</text>
</subsection><subsection id="ID385CCD84564B43DBA37561C693CE8F41"><enum>(c)</enum><header>Certification</header>
<paragraph id="ID9DE3CF3B5B1B45FCA67585B000FA46C4"><enum>(1)</enum><header>In
general</header><text>The employer may require the employee to provide
certification to the employer, within a reasonable period after the employer
requests the certification, that—</text>
<subparagraph id="ID6F7F1302F5F74D9895988F58A4F2D0BD"><enum>(A)</enum><text>the employee or
the employee’s family or household member is a victim of domestic violence,
dating violence, sexual assault, or stalking; and</text>
</subparagraph><subparagraph id="ID12EC96E75BCF4575BDDF8C85A3F58E7D"><enum>(B)</enum><text>the leave is for
1 of the purposes enumerated in subsection (a)(1).</text>
</subparagraph></paragraph><paragraph id="id5CC865A0BB5B41A8AA311034D2476A61"><enum>(2)</enum><header>Contents</header><text>An
employee may satisfy the certification requirement of paragraph (1) by
providing to the employer—</text>
<subparagraph id="ID63422F0E1ED044E3B962D38D7600B2C4"><enum>(A)</enum><text>a sworn statement
of the employee;</text>
</subparagraph><subparagraph id="ID529525B0D8F84F47A29F59442442AB86"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="ID3D28361C0DD24EC2005233E815608DDB"><enum>(C)</enum><text>a police or court
record; or</text>
</subparagraph><subparagraph id="ID922DE3BF387344CD8C05BB007756F316"><enum>(D)</enum><text>other
corroborating evidence.</text>
</subparagraph></paragraph></subsection><subsection id="ID790D4CBD5F0B407E8F3841EF79AFC269"><enum>(d)</enum><header>Confidentiality</header><text>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—</text>
<paragraph id="ID761C770B1FA9453FA6D618A841B9E7C6"><enum>(1)</enum><text>requested or
consented to by the employee in writing; or</text>
</paragraph><paragraph id="ID608F00D1834C4B2C98316E41CEF1C3E0"><enum>(2)</enum><text>otherwise
required by applicable Federal or State law.</text>
</paragraph></subsection><subsection id="IDD6821E8E0A7447AD9F13F26E991D9B43"><enum>(e)</enum><header>Employment and
benefits</header>
<paragraph id="ID5F6ABB9EEE5447F491A29EE18B3F7D18"><enum>(1)</enum><header>Restoration to
position</header>
<subparagraph id="ID330E7DF1B74D45B6812C2BE480ADFB88"><enum>(A)</enum><header>In
general</header><text>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—</text>
<clause id="ID1328D6B6932C4B49A251D19EEF9C6206"><enum>(i)</enum><text>to
be restored by the employer to the position of employment held by the employee
when the leave commenced; or</text>
</clause><clause id="ID5BE1443D548F4C6600268FDEED281C92"><enum>(ii)</enum><text>to
be restored to an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment.</text>
</clause></subparagraph><subparagraph id="ID9C13171263BC497E96DB5CB51432AB9B"><enum>(B)</enum><header>Loss of
benefits</header><text>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.</text>
</subparagraph><subparagraph id="ID7F6DA9F1775345C5A115467D10AEFDD5"><enum>(C)</enum><header>Limitations</header><text>Nothing
in this subsection shall be construed to entitle any restored employee
to—</text>
<clause id="IDFC6343BFB71F40E180DB29A9462DF9FE"><enum>(i)</enum><text>the
accrual of any seniority or employment benefits during any period of leave;
or</text>
</clause><clause id="ID6FEAEF94E246434189C4454300A1E389"><enum>(ii)</enum><text>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.</text>
</clause></subparagraph><subparagraph id="IDBCB35A1307EF4D3483375F723C51704F"><enum>(D)</enum><header>Construction</header><text>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.</text>
</subparagraph></paragraph><paragraph id="IDB2C7FE1187644CB4B41C03F1A05D3057"><enum>(2)</enum><header>Exemption
concerning certain highly compensated employees</header>
<subparagraph id="ID84A3E58478BA45D4AC13485D007CC817"><enum>(A)</enum><header>Denial of
restoration</header><text>An employer may deny restoration under paragraph (1)
to any employee described in subparagraph (B) if—</text>
<clause id="IDB6DF8273FFC04C5ABA39E5AEA4E7743E"><enum>(i)</enum><text>such denial is
necessary to prevent substantial and grievous economic injury to the operations
of the employer;</text>
</clause><clause id="ID5CC10BF2A5DC41E091913B558D21573C"><enum>(ii)</enum><text>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</text>
</clause><clause id="ID1310A999FED5495CA965CC90B5D7E927"><enum>(iii)</enum><text>in any case in
which the leave has commenced, the employee elects not to return to employment
after receiving such notice.</text>
</clause></subparagraph><subparagraph id="ID1209786123D3438C9D2758B7FFC98884"><enum>(B)</enum><header>Affected
employees</header><text>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.</text>
</subparagraph></paragraph><paragraph id="ID5653583CC9684EB5004FFC7F23DF5B00"><enum>(3)</enum><header>Maintenance of
health benefits</header>
<subparagraph id="ID72F8CD99838E41CA9F00557FF595E027"><enum>(A)</enum><header>Coverage</header><text>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.</text>
</subparagraph><subparagraph id="IDF4E6C649893E492E831E4E38AF999E00"><enum>(B)</enum><header>Failure to
return from leave</header><text>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—</text>
<clause id="ID0E21EBB9360A4B36A900BC8614A0611F"><enum>(i)</enum><text>the
employee fails to return from leave under this section after the period of
leave to which the employee is entitled has expired; and</text>
</clause><clause id="ID3D73FBEF2FA249FF8BB93F7EDB968956"><enum>(ii)</enum><text>the employee
fails to return to work for a reason other than—</text>
<subclause id="IDB2F1F7E4AF004990A680F6DDD9B400B6"><enum>(I)</enum><text>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</text>
</subclause><subclause id="IDB238DEC0D9184F53943DB6344DE411A4"><enum>(II)</enum><text>other
circumstances beyond the control of the employee.</text>
</subclause></clause></subparagraph><subparagraph id="IDD8555D6C51344551963BED17532178FE"><enum>(C)</enum><header>Certification</header>
<clause id="ID2B30FA26B3CF49FF8FFB53A07D7BA282"><enum>(i)</enum><header>Issuance</header><text>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.</text>
</clause><clause id="IDEDFC0BDDDE2E43AEB0D1E4679DCB37F9"><enum>(ii)</enum><header>Contents</header><text>An
employee may satisfy the certification requirement in clause (i) by providing
to the employer—</text>
<subclause id="ID14A5905945DC48E1B366F48EE19397B8"><enum>(I)</enum><text>a sworn statement
of the employee;</text>
</subclause><subclause id="ID382537C7A918401481B6DCA5113978DF"><enum>(II)</enum><text>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;</text>
</subclause><subclause id="ID3867372865E84420AD80CF46E1BCD58D"><enum>(III)</enum><text>a police or
court record; or</text>
</subclause><subclause id="IDE1D8BB8D88AB42EBB739CE4B9DA6F785"><enum>(IV)</enum><text>other
corroborating evidence.</text>
</subclause></clause></subparagraph><subparagraph id="IDB799798383594AB69DE6289C34930446"><enum>(D)</enum><header>Confidentiality</header><text>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—</text>
<clause id="ID73026A4AD8ED410DB3F7445C9ECA35AE"><enum>(i)</enum><text>requested or
consented to by the employee; or</text>
</clause><clause id="ID46ADC83F84BC4DF2924459E7191F43BB"><enum>(ii)</enum><text>otherwise
required by applicable Federal or State law.</text>
</clause></subparagraph></paragraph></subsection><subsection id="IDCE5619F62B4F4FE29182EADE5C38DD79"><enum>(f)</enum><header>Prohibited
acts</header>
<paragraph id="ID388187DB30634124B2FC6CFA3721C913"><enum>(1)</enum><header>Interference
with rights</header>
<subparagraph id="IDC76AA9525F5140E49017388E32237E08"><enum>(A)</enum><header>Exercise of
rights</header><text>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.</text>
</subparagraph><subparagraph id="IDE10F0D6532374B97ADD7AEF5599298AE"><enum>(B)</enum><header>Employer
discrimination</header><text>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—</text>
<clause id="IDF37B4F634DEC4721A64EC30414165DD4"><enum>(i)</enum><text>exercised any
right provided under this section; or</text>
</clause><clause id="IDE5D676326D9048C600B51E12793B8B08"><enum>(ii)</enum><text>opposed any
practice made unlawful by this section.</text>
</clause></subparagraph><subparagraph id="ID3657678AA7EF4611B9FA3322A8778B21"><enum>(C)</enum><header>Public agency
sanctions</header><text>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—</text>
<clause id="IDE0441D104A354C989B53A1B24904A23B"><enum>(i)</enum><text>exercised any
right provided under this section; or</text>
</clause><clause id="IDBB0C90A1003548F50014B95682C031E1"><enum>(ii)</enum><text>opposed any
practice made unlawful by this section.</text>
</clause></subparagraph></paragraph><paragraph id="ID4A308FCE326F4A4CBA22C5F826F551E1"><enum>(2)</enum><header>Interference
with proceedings or inquiries</header><text>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—</text>
<subparagraph id="ID1199D92206FE4B3BB84E58D5189265C1"><enum>(A)</enum><text>has filed any
charge, or has instituted or caused to be instituted any proceeding, under or
related to this section;</text>
</subparagraph><subparagraph id="IDBE7ABDF6E1B347EEB2D6CC3CA4FFFBC9"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="ID8BD84838438F481CB2823C662DED6830"><enum>(C)</enum><text>has testified, or
is about to testify, in any inquiry or proceeding relating to any right
provided under this section.</text>
</subparagraph></paragraph></subsection><subsection id="ID47C9DE1BE6D44D6B83DA31002754016B"><enum>(g)</enum><header>Enforcement</header>
<paragraph id="IDA0D30E67E07D44529BDC1743906D7B2B"><enum>(1)</enum><header>Civil action by
affected individuals</header>
<subparagraph id="ID7595BD00C72B4825BDF73DC7C3D8BBEF"><enum>(A)</enum><header>Liability</header><text>Any
employer that violates subsection (f) shall be liable to any individual
affected—</text>
<clause id="ID97C7D4E77D734177A610F2598C42EDB1"><enum>(i)</enum><text>for
damages equal to—</text>
<subclause id="ID0C69598ED6A1487E8735567CD0986156"><enum>(I)</enum><text>the amount
of—</text>
<item id="ID85327A05672D45A4BF704DF189BEEF1E"><enum>(aa)</enum><text>any
wages, salary, employment benefits, or other compensation denied or lost to
such individual by reason of the violation; or</text>
</item><item id="IDE2E4C97A716742B0AA268DED00287018"><enum>(bb)</enum><text>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;</text>
</item></subclause><subclause id="ID224040AB4EFC41A38881A507E88EED7D"><enum>(II)</enum><text>the interest on
the amount described in subclause (I) calculated at the prevailing rate;
and</text>
</subclause><subclause id="ID87A78D97FE464E8184F4E8A8CB4CDBEF"><enum>(III)</enum><text>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</text>
</subclause></clause><clause id="IDFFE1FCAA2C32439B9E2FF0B27568E978"><enum>(ii)</enum><text>for such
equitable relief as may be appropriate, including employment, reinstatement,
and promotion.</text>
</clause></subparagraph><subparagraph id="ID9BC305A378B0444695A0248F7DFDDB2D"><enum>(B)</enum><header>Right of
action</header><text>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—</text>
<clause id="ID10C00EC872EB4C4DA2DD03E987451F74"><enum>(i)</enum><text>the
individuals; or</text>
</clause><clause id="IDB7139A38A7F64E07AC22295194BB8F54"><enum>(ii)</enum><text>the individuals
and other individuals similarly situated.</text>
</clause></subparagraph><subparagraph id="IDE1FCA33177584DC3BCEA79C09CB16B94"><enum>(C)</enum><header>Fees and
costs</header><text>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.</text>
</subparagraph><subparagraph id="ID8666311264654577998E8D4F4567C16D"><enum>(D)</enum><header>Limitations</header><text>The
right provided by subparagraph (B) to bring an action by or on behalf of any
affected individual shall terminate—</text>
<clause id="IDA41813D1A54149058E958CDA18378D6D"><enum>(i)</enum><text>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</text>
</clause><clause id="ID59239BB39B6245A8ADFC6D1D9900F382"><enum>(ii)</enum><text>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),</text>
</clause><continuation-text continuation-text-level="subparagraph">unless
the action described in clause (i) or (ii) is dismissed without prejudice on
motion of the Secretary.</continuation-text></subparagraph></paragraph><paragraph id="IDA6E35C9FAEC04FCF80EDB9FA8DFE3FF6"><enum>(2)</enum><header>Action by the
Secretary</header>
<subparagraph id="ID3CB23FA0992D421A8ED2351367BB34C6"><enum>(A)</enum><header>Administrative
action</header><text>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
(<external-xref legal-doc="usc" parsable-cite="usc/29/206">29 U.S.C.
206</external-xref> and 207).</text>
</subparagraph><subparagraph id="ID802769E56DDF424E8C85F6155FCE1589"><enum>(B)</enum><header>Civil
action</header><text>The Secretary may bring an action in any court of
competent jurisdiction to recover the damages described in paragraph
(1)(A)(i).</text>
</subparagraph><subparagraph id="ID6C458350E1BC4A279BA2F9CFDBB79FF5"><enum>(C)</enum><header>Sums
recovered</header><text>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.</text>
</subparagraph></paragraph><paragraph id="IDA52DD03115604F3F87F9833DDB343BAA"><enum>(3)</enum><header>Limitation</header>
<subparagraph id="ID0B864EE7B5B8420B8D2C6104C801A0B7"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="ID6F473EC3309F429589F9A8021BDBB9BB"><enum>(B)</enum><header>Willful
violation</header><text>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.</text>
</subparagraph><subparagraph id="ID7A417B0A76F9428792EC00EA2F3C1BED"><enum>(C)</enum><header>Commencement</header><text>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.</text>
</subparagraph></paragraph><paragraph id="IDC9098C24FAA449E493E349F049841220"><enum>(4)</enum><header>Action for
injunction by Secretary</header><text>The district courts of the United States
shall have jurisdiction, for cause shown, in an action brought by the
Secretary—</text>
<subparagraph id="ID172AF4662AC643E9B92879209C335CD5"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="ID5CAFA3CC04FC45B19300A3B600852650"><enum>(B)</enum><text>to award such
other equitable relief as may be appropriate, including employment,
reinstatement, and promotion.</text>
</subparagraph></paragraph><paragraph id="ID9421AFE775154B078BC63CAA48C5CACA"><enum>(5)</enum><header>Solicitor of
Labor</header><text>The Solicitor of Labor may appear for and represent the
Secretary on any litigation brought under this subsection.</text>
</paragraph><paragraph id="ID7DC3A0981FE6427FACE75850B643AA9C"><enum>(6)</enum><header>Employer
liability under other laws</header><text>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.</text>
</paragraph><paragraph commented="no" id="ID8CA1FCDA41CA470997F238781919E983"><enum>(7)</enum><header>Library of
Congress</header><text>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.</text>
</paragraph><paragraph commented="no" id="IDBDD90214068F40C2864B47713927D5BE"><enum>(8)</enum><header>Certain public
agency employers</header>
<subparagraph commented="no" id="ID6D07CB5C558746ABBCC4B8E9E26CA2CA"><enum>(A)</enum><header>Agencies</header><text>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.</text>
</subparagraph><subparagraph commented="no" id="ID1C9E2DE071ED408CBB8555483F649CEC"><enum>(B)</enum><header>Authority</header><text>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.</text>
</subparagraph></paragraph><paragraph commented="no" id="idC15BA405ECD245908FEF96535C1ACAEB"><enum>(9)</enum><header>Public agencies
providing public assistance</header><text>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—</text>
<subparagraph commented="no" id="id8A76922C927E49818A0A4AF620FA4FAD"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="idE661553328034F9F9690180CBF9C399D"><enum>(i)</enum><text>the amount of any
public assistance denied or lost to such individual by reason of the violation;
and</text>
</clause><clause commented="no" id="id3249F476228647A5A4B3376F1C782589" indent="up1"><enum>(ii)</enum><text>the interest on the amount
described in clause (i); and</text>
</clause></subparagraph><subparagraph commented="no" id="idCF873108FF154674946D0690F3FA6939"><enum>(B)</enum><text>such equitable
relief as may be appropriate.</text>
</subparagraph></paragraph></subsection></section><section id="ID164C359B65494E6097B83D6D003E1B4D"><enum>103.</enum><header>Existing leave
usable for addressing domestic violence, dating violence, sexual assault, or
stalking</header><text display-inline="no-display-inline">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.</text>
</section><section id="ID12CBAFDFF1794C0A8CD50075BC3553EE"><enum>104.</enum><header>Emergency
benefits</header>
<subsection id="ID12F083B37CDB497D805807CFDDEAAF8E"><enum>(a)</enum><header>In
general</header><text>A State may use funds provided to the State under part A
of title IV of the <act-name parsable-cite="SSA">Social Security Act</act-name>
(<external-xref legal-doc="usc" parsable-cite="usc/42/601">42 U.S.C.
601</external-xref> et seq.) to provide nonrecurrent short-term emergency
benefits to an individual for any period of leave the individual takes pursuant
to section 102.</text>
</subsection><subsection id="ID3380D1627BF44F99BB98DEA1CF5E25DD"><enum>(b)</enum><header>Eligibility</header><text>In
calculating the eligibility of an individual for such emergency benefits, the
State shall count only the cash available or accessible to the
individual.</text>
</subsection><subsection id="ID4709CB1BC896458EBBBF58962DD9363B"><enum>(c)</enum><header>Timing</header>
<paragraph id="ID79C35435431242D1B69154D9C8B72F40"><enum>(1)</enum><header>Applications</header><text>An
individual seeking emergency benefits under subsection (a) from a State shall
submit an application to the State.</text>
</paragraph><paragraph id="ID475FFADDA8404A61B6A7BFEE15E122F6"><enum>(2)</enum><header>Benefits</header><text>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).</text>
</paragraph></subsection><subsection id="ID5DB672420C0E44D5A4651DE6A8282EF6"><enum>(d)</enum><header>Conforming
amendment</header><text><external-xref legal-doc="act" parsable-cite="SSA/404">Section 404</external-xref> of the
<act-name parsable-cite="SSA">Social Security Act</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/42/604">42 U.S.C. 604</external-xref>) is
amended by adding at the end the following:</text>
<quoted-block act-name="Social Security Act" id="ID5F819CE78EE640C3BB8300E0B28D4368">
<subsection id="ID2FB9E4574C4D468AB25655377F78548C"><enum>(l)</enum><header>Authority To
provide emergency benefits</header><text>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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="ID72B49075631145C1B0296E0001F65EEA"><enum>105.</enum><header>Effect on
other laws and employment benefits</header>
<subsection id="IDFA564F174D914C18958473FF2EC0D207"><enum>(a)</enum><header>More protective
laws, agreements, programs, and plans</header><text>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—</text>
<paragraph id="ID9DC0D64E376544A181E1E4492DADAFED"><enum>(1)</enum><text>greater leave
benefits for victims of domestic violence, dating violence, sexual assault, or
stalking than the rights established under this title; or</text>
</paragraph><paragraph id="ID21D6EA86A71A4A62B76E00006DAA6BBA"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="IDE5B26E55E48E4EA9ADC3E55C5700C16B"><enum>(b)</enum><header>Less protective
laws, agreements, programs, and plans</header><text>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.</text>
</subsection></section><section commented="no" id="ID2B4F098E8EC640FDB22D283A62AAD7A4"><enum>106.</enum><header>Regulations</header>
<subsection commented="no" id="ID83E2ADE72058473A911B3B6C00723BA0"><enum>(a)</enum><header>In
general</header>
<paragraph commented="no" id="idB26C8A28FAF543D782BEDBC89CC11643"><enum>(1)</enum><header>Authority to
issue regulations</header><text>Except as provided in subsections (b), (c), and
(d), the Secretary shall issue regulations to carry out this title.</text>
</paragraph><paragraph commented="no" id="idCE1F4AACDE2B4886946CBA3A597AEBD3"><enum>(2)</enum><header>Regulations
regarding notices</header><text>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.</text>
</paragraph></subsection><subsection commented="no" id="ID2FBA9FD6AC414862A20A2EB169F2D923"><enum>(b)</enum><header>Library of
Congress</header><text>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).</text>
</subsection><subsection commented="no" id="ID77928B13B8B14558BE7C09F1407A9215"><enum>(c)</enum><header>Certain public
agency employers</header><text>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).</text>
</subsection><subsection commented="no" id="idBC8F73C4FACD4D8F801FAEEF1E77A9EA"><enum>(d)</enum><header>Public agencies
providing public assistance</header><text>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).</text>
</subsection></section><section id="ID0CF6D3EC992C4DD188F99D6B66AFBB32"><enum>107.</enum><header>Conforming
amendment</header><text display-inline="no-display-inline">Section 1003(a)(1)
of the Rehabilitation Act Amendments of 1986 (<external-xref legal-doc="usc" parsable-cite="usc/42/2000d-7(a)(1)">42 U.S.C. 2000d–7(a)(1)</external-xref>)
is amended by inserting <quote>title I or III of the Survivors' Empowerment and
Economic Security Act,</quote> before <quote>or the provisions</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID49118A5883E64B6ABB4861AA972C5500" section-type="subsequent-section"><enum>108.</enum><header>Effective
date</header><text display-inline="no-display-inline">This title and the
amendment made by this title take effect 180 days after the date of enactment
of this Act.</text>
</section><enum>II</enum><header>Entitlement to
unemployment compensation for victims of domestic violence, dating violence,
sexual assault, or stalking</header>
<section id="ID0E09E5D519294ACFA0A73866CCDBB0BD"><enum>201.</enum><header>Purposes</header><text display-inline="no-display-inline">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—</text>
<paragraph id="ID4960CB1A6C1642B2BD68A7387979E714"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="ID02CBFE4B4E574D6FA484D62B3A576350"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="ID169E060DD8854D4A81E6242144E59C14"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="ID968B5BF2EB934E65A4FD6851CA77EDC1"><enum>(4)</enum><text>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</text>
</paragraph><paragraph id="ID4460B3AAA33F42BD86F46CE864CE5CEB"><enum>(5)</enum><text>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.</text>
</paragraph></section><section id="ID25853742077F4209A445DD98E3B54366"><enum>202.</enum><header>Unemployment
compensation and training provisions</header>
<subsection id="IDEAECCA0D49A04A30869A8B50231FC16C"><enum>(a)</enum><header>Unemployment
compensation</header><text>Section 3304 of the Internal Revenue Code of 1986
(relating to approval of State unemployment compensation laws) is
amended—</text>
<paragraph id="ID9BEA65884C754FF1941E5B6F4BE65A6F"><enum>(1)</enum><text>in subsection
(a)—</text>
<subparagraph id="ID55F494CA5E0948F08FECA0FCC3DDCA1B"><enum>(A)</enum><text>in paragraph
(18), by striking <quote>and</quote> at the end;</text>
</subparagraph><subparagraph id="IDD5E64965371C463CBEACA752592B4A11"><enum>(B)</enum><text>by redesignating
paragraph (19) as paragraph (20); and</text>
</subparagraph><subparagraph id="ID465E707C71884CB0A4DDF2DA5CE09AB4"><enum>(C)</enum><text>by inserting
after paragraph (18) the following new paragraph:</text>
<quoted-block id="ID79269B0F2D4D4A7C8EF5E930E3EBF1E9">
<paragraph id="IDA437F39B9AB54E9CB5FAD3AF13838D4B"><enum>(19)</enum><text>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</text>
</paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="ID43266B1A7DD94C9CA3CF1A05F1811A78"><enum>(2)</enum><text>by adding at the
end the following new subsection:</text>
<quoted-block id="ID49FB6CC3492D4DACA671E0826723484F">
<subsection id="ID217985900FDE4521A1C40BDAB8D328F7"><enum>(g)</enum><header>Construction</header><text>For
purposes of subsection (a)(19)—</text>
<paragraph id="ID2B3E862815A146F382EECE759BDB943E"><enum>(1)</enum><header>Documentation</header><text>In
determining eligibility for compensation due to circumstances resulting from an
individual’s experience of domestic violence, dating violence, sexual assault,
or stalking—</text>
<subparagraph id="ID9AE507E0881044899F579F545BA939C2"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="IDD8C75F7BA8E642F1AB696B5421EE3059"><enum>(B)</enum><text>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).</text>
</subparagraph></paragraph><paragraph id="ID67A2C39ACA1D4E3292F88546E310486B"><enum>(2)</enum><header>List of forms
of documentation</header><text>The list referred to in paragraph (1)(A) shall
include not less than 3 of the following forms of documentation:</text>
<subparagraph id="IDB00178567EFB47E5904469E0D55C4AA6"><enum>(A)</enum><text>An order of
protection or other documentation issued by a court.</text>
</subparagraph><subparagraph id="ID52BA37FEE423462DA4F8E383FE6F002A"><enum>(B)</enum><text>A police report
or criminal charges documenting the domestic violence, dating violence, sexual
assault, or stalking.</text>
</subparagraph><subparagraph id="ID472723EE0BB6432A84AA22C3F4B6A92A"><enum>(C)</enum><text>Documentation
that the perpetrator has been convicted of the offense of domestic violence,
dating violence, sexual assault, or stalking.</text>
</subparagraph><subparagraph id="ID6A5DEE97946F44A2BF0089E3C2D27E84"><enum>(D)</enum><text>Medical
documentation of the domestic violence, dating violence, sexual assault, or
stalking.</text>
</subparagraph><subparagraph id="ID72F631C221344E048A8D983CAD51008A"><enum>(E)</enum><text>Evidence of
domestic violence, dating violence, sexual assault, or stalking from a
counselor, social worker, health worker, or domestic violence shelter
worker.</text>
</subparagraph><subparagraph id="ID8EC38E07916A4785B903B753F31C30F9"><enum>(F)</enum><text>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.</text>
</subparagraph><subparagraph id="IDBF3E159880E4462D95425E54AB51AA9B"><enum>(G)</enum><text>A written
statement of the claimant.</text>
</subparagraph></paragraph><paragraph id="IDB08547E8506C4617AC4E23BB241B0C80"><enum>(3)</enum><header>Domestic
violence, dating violence, sexual assault, and stalking
defined</header><text>The terms <term>domestic violence</term>, <term>dating
violence</term>, <term>sexual assault</term>, and <term>stalking</term> have
the meanings given such terms in section 3 of the Survivors' Empowerment and
Economic Security
Act.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="IDEA03FCE34C104667B7378E13E39CCA43"><enum>(b)</enum><header>Unemployment
compensation personnel training</header><text>Section 303(a) of the
<act-name parsable-cite="SSA">Social Security Act</act-name> (42 U.S.C. 503(a))
is amended—</text>
<paragraph id="IDCDACEBCA777A42509E2EB6E3C2F43373"><enum>(1)</enum><text>by redesignating
paragraphs (4) through (10) as paragraphs (5) through (11), respectively;
and</text>
</paragraph><paragraph id="IDB4126E32466A4388AB61178BD92D588B"><enum>(2)</enum><text>by inserting
after paragraph (3) the following new paragraph:</text>
<quoted-block id="ID87785F54DE7C45E69DA1D9032ABCEFA6">
<paragraph id="IDF4B2BA327F524E4C9ADBC3C19982D64B"><enum>(4)</enum><text>Such methods of
administration as will ensure that—</text>
<subparagraph id="ID7FEC38758FC14B44BDBB91C44DE850C7"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="ID1A375B42EDDA41AFBC9DDEC824D3A3A0"><enum>(B)</enum><text>claims reviewers
and hearing personnel are adequately trained in—</text>
<clause id="IDBFFE5E827F8146329EB8AB6478EC0E81"><enum>(i)</enum><text>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</text>
</clause><clause id="ID31AD00AC5E47495AA409CEC622DE9E50"><enum>(ii)</enum><text>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—</text>
<subclause id="ID0D1AB2A873914A758761A87B1FA1D7C5"><enum>(I)</enum><text>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</text>
</subclause><subclause id="IDEE8F41C55A144A4AB5BFC58701DDBC6C"><enum>(II)</enum><text>full
confidentiality is provided for the individual’s claim and submitted evidence;
and</text>
</subclause></clause></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="ID5B8194D1A57C4E5B85486BDF3F399707"><enum>(c)</enum><header>TANF personnel
training</header><text>Section 402(a) of the <act-name parsable-cite="SSA">Social Security Act</act-name> (42 U.S.C. 602(a)) is
amended by adding at the end the following new paragraph:</text>
<quoted-block act-name="Social Security Act" id="ID995020A94347437FBF9B3DEF7B95A276">
<paragraph id="IDE52FA3C94AF34D258B3747750D5906F0"><enum>(8)</enum><header>Certification
that the State will provide information to victims of domestic violence, dating
violence, sexual assault, or stalking</header><text>A certification by the
chief officer of the State that the State has established and is enforcing
standards and procedures to—</text>
<subparagraph id="IDA1FF3235F16C4879BF88D2EADC750DDD"><enum>(A)</enum><text>ensure that
applicants for assistance under the program and individuals inquiring about
such assistance are adequately notified of—</text>
<clause id="ID12BBA6B804F04792BEBF15A854E4DA91"><enum>(i)</enum><text>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</text>
</clause><clause id="ID99803396E9B249B7B25F57A65078DD7D"><enum>(ii)</enum><text>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);</text>
</clause></subparagraph><subparagraph id="ID121DDB7B685249D1BF122201546AA635"><enum>(B)</enum><text>ensure that case
workers and other agency personnel responsible for administering the State
program funded under this part are adequately trained in—</text>
<clause id="ID088333D6ADB64451B0545FCB806DAA40"><enum>(i)</enum><text>the nature and
dynamics of domestic violence, dating violence, sexual assault, or stalking (as
so defined);</text>
</clause><clause id="IDC99316FBEFAC4E6FB897087407F399E4"><enum>(ii)</enum><text>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</text>
</clause><clause id="IDF6DF83E863704D3588A94A6992973FBF"><enum>(iii)</enum><text>methods of
ascertaining and keeping confidential information about possible experiences of
domestic violence, dating violence, sexual assault, or stalking (as so
defined);</text>
</clause></subparagraph><subparagraph id="IDD56E9A6516D847B69A6272918FB8B6FC"><enum>(C)</enum><text>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—</text>
<clause id="ID58A3715A5F014C2A99B4B613ECF4CE9A"><enum>(i)</enum><text>applicants for
assistance under the program and individuals inquiring about such assistance
are adequately notified of options available under such standards and
procedures; and</text>
</clause><clause id="ID93705F438E6243749F429E2EC5A6950E"><enum>(ii)</enum><text>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</text>
</clause></subparagraph><subparagraph id="ID5B6B747644B74427AB63F839CF15DF07"><enum>(D)</enum><text>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).</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="ID2A4F7DFD9B83470AB6AB2A14090177ED"><enum>(d)</enum><header>Domestic
violence, dating violence, sexual assault, or stalking training grant
program</header>
<paragraph id="IDD07D65D5B45741F48ACA92A23A7F45F6"><enum>(1)</enum><header>Grants
authorized</header><text>The Secretary of Health and Human Services (in this
subsection referred to as the <quote>Secretary</quote>) is authorized to
award—</text>
<subparagraph id="IDE2C06543666E4E1F986AB90DBDF5A008"><enum>(A)</enum><text>a grant to a
national victim services organization in order for such organization to—</text>
<clause id="IDC28EAA14434D4A0BB4B9B629978AD206"><enum>(i)</enum><text>develop and
disseminate a model training program (and related materials) for the training
required under section 303(a)(4)(B) of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, 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</text>
</clause><clause id="ID1DB7FA62EC59410B9D80A6D1716BFD5E"><enum>(ii)</enum><text>provide
technical assistance with respect to such model training program; and</text>
</clause></subparagraph><subparagraph id="IDC8370525F229454C9F74702B260C0B70"><enum>(B)</enum><text>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 <act-name parsable-cite="SSA">Social Security Act</act-name> in a State or
Indian reservation with the training required under subparagraphs (B) and, if
applicable, (C)(ii) of such section 402(a)(8).</text>
</subparagraph></paragraph><paragraph id="idDA95B91A62584DDDA2D42DB5B66D027D"><enum>(2)</enum><header>Eligible entity
defined</header><text>For purposes of paragraph (1)(B), the term <term>eligible
entity</term> means an entity—</text>
<subparagraph id="id50A498050B444A72A0B5C347918578D6"><enum>(A)</enum><text>that is—</text>
<clause id="idC54329A77F4A4730B39F949FDD14AE4A"><enum>(i)</enum><text>a
State or tribal domestic violence coalition or sexual assault coalition;</text>
</clause><clause id="id708AD619D3AB44719D48F48645D27DE1"><enum>(ii)</enum><text>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</text>
</clause><clause id="ID3EF0004AEEBD459B91CC80EA11E72F4C"><enum>(iii)</enum><text>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</text>
</clause></subparagraph><subparagraph id="ID47658B1114094C9AB4967F0F24084197"><enum>(B)</enum><text>that—</text>
<clause id="ID737F39472BF84599B9DB37BB980F1750"><enum>(i)</enum><text>has
demonstrated expertise in both domestic violence and sexual assault, such as a
joint domestic violence and sexual assault coalition; or</text>
</clause><clause id="ID02C5170028B9404F813B45DEA26F9C30"><enum>(ii)</enum><text>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).</text>
</clause></subparagraph></paragraph><paragraph id="ID4B70378641FE4522ACE9580F146B7C3E"><enum>(3)</enum><header>Application</header><text>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.</text>
</paragraph><paragraph id="ID67EF945CD2C64344B25E1ED4BB58254C"><enum>(4)</enum><header>Reports</header>
<subparagraph id="ID1771B9991C0C4E31BC2AAB10E3113018"><enum>(A)</enum><header>Reports to
Congress</header><text>The Secretary shall annually submit a report to Congress
on the grant program established under this subsection.</text>
</subparagraph><subparagraph id="IDA64FC0C415CE4BFEB4134C906C41C201"><enum>(B)</enum><header>Reports
available to public</header><text>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.</text>
</subparagraph></paragraph><paragraph id="IDFCEBEA792EBC4DD39A31BD65C29727A9"><enum>(5)</enum><header>Authorization
of appropriations</header>
<subparagraph id="ID204B0E427B2F4274934266244B39EE6E"><enum>(A)</enum><header>Authorization</header><text>There
are authorized to be appropriated—</text>
<clause id="ID0A682F2E20A04110ABAB8F5064A8D16F"><enum>(i)</enum><text>$1,000,000 for
fiscal year 2010 to carry out the provisions of paragraph (1)(A); and</text>
</clause><clause id="ID1B3434F1000C454A9F1AA61BA338AD1F"><enum>(ii)</enum><text>$12,000,000 for
each of fiscal years 2011 through 2013 to carry out the provisions of paragraph
(1)(B).</text>
</clause></subparagraph><subparagraph id="ID0D2922DF8F1D4B28A65D49370D1A528B"><enum>(B)</enum><header>Three-year
availability of grant funds</header><text>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.</text>
</subparagraph><subparagraph id="ID77486915AB3C4B5ABFBC1B84471A9EFC"><enum>(C)</enum><header>Amounts
returned</header><text>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).</text>
</subparagraph></paragraph></subsection><subsection id="id11601CFF87A04C24A52910EC92048DD8"><enum>(e)</enum><header>Effect on
existing laws, etc</header>
<paragraph id="id23973E252B9B4953A398A24F913D0176"><enum>(1)</enum><header>More protective
laws, agreements, programs, and plans</header><text>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.</text>
</paragraph><paragraph id="idBF154276B1054DE798DED0840150867D"><enum>(2)</enum><header>Less protective
laws, agreements, programs, and plans</header><text>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.</text>
</paragraph></subsection><subsection id="ID29EB4B1F0A9D41FCB8BC88418734A4B8"><enum>(f)</enum><header>Effective
date</header>
<paragraph id="ID8B5A7B4397C44DCA808E153117050A8F"><enum>(1)</enum><header>Unemployment
amendments</header>
<subparagraph id="IDE93740B78833402599D52BB13E1FF609"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="IDBDA2B3CD6A0B4D689C62B83A743107A1"><enum>(B)</enum><header>Extension of
effective date for State law amendment</header>
<clause id="IDABC3340ABF1847598EEEA84626FF23CF"><enum>(i)</enum><header>In
general</header><text>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—</text>
<subclause id="ID1202DC491F654C99A86133559EF97D23"><enum>(I)</enum><text>the date the
State changes its statutes, regulations, or policies in order to comply with
such amendments; or</text>
</subclause><subclause id="ID1814978B2F094295B73785E7737E3569"><enum>(II)</enum><text>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;</text>
</subclause><continuation-text continuation-text-level="clause">except that in
no case shall such amendments apply before the date that is 180 days after the
date of enactment of this Act.</continuation-text></clause><clause id="ID6D05B324F9924063B8008D7C59001162"><enum>(ii)</enum><header>Session
defined</header><text>In this subparagraph, the term <term>session</term> means
a regular, special, budget, or other session of a State legislature.</text>
</clause></subparagraph></paragraph><paragraph id="IDD4BB6D602EF84A7B833640EDE2005BCF"><enum>(2)</enum><header>TANF
amendment</header>
<subparagraph id="IDED42179BF5324C40A3C9B342B935D5E8"><enum>(A)</enum><header>In
general</header><text>Except as provided in subparagraph (B), the amendment
made by subsection (c) shall take effect on the date of enactment of this
Act.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="ID34D91ADE046549C99AF423BB17908FE7"><enum>(B)</enum><header>Extension of
effective date for State law amendment</header><text>In the case of a State
plan under part A of title IV of the <act-name parsable-cite="SSA">Social
Security Act</act-name> 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.</text>
</subparagraph></paragraph></subsection></section><enum>III</enum><header>Victims’
employment sustainability</header>
<section id="ID61D689FED5D3425CA368BDF6CDD420FA"><enum>301.</enum><header>Short
title</header><text display-inline="no-display-inline">This title may be cited
as the <quote><short-title>Victims’ Employment
Sustainability Act</short-title></quote>.</text>
</section><section id="IDF17F07C22A9E4E64AD889934C17F0360"><enum>302.</enum><header>Purposes</header><text display-inline="no-display-inline">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—</text>
<paragraph id="ID61C3534EEB0A45E0A97D749E2E5921E5"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="ID8432204E7AD747BF0049677E90329714"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="ID27E3896475424D42AAB9031E6156E4EF"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="ID812050CA774B4E57B3203C9939020500"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="IDBC47A2D226E546F68FCF2E3EAB27D528"><enum>(5)</enum><text>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</text>
</paragraph><paragraph id="ID97986DB6EA1D4A00944C0062C0A1CB82"><enum>(6)</enum><text>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.</text>
</paragraph></section><section id="ID4B0D662681474218AE522C62D24786CB"><enum>303.</enum><header>Prohibited
discriminatory acts</header>
<subsection id="ID501A35BE6D134243AD4FDCC91D587644"><enum>(a)</enum><header>In
general</header><text>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—</text>
<paragraph id="ID20487B76D5C44B25976843EB5F43FCEF"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="ID28F57F00AFC94DF7A9565502357F5693"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="ID3646447159034E8F95B841125312E7C1"><enum>(3)</enum><text>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</text>
</paragraph><paragraph id="ID99CF790D35BA48E8888E63FA2164C02D"><enum>(4)</enum><text>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.</text>
</paragraph></subsection><subsection id="ID45D021F8E9444DB6889E359B28F4BA12"><enum>(b)</enum><header>Definitions</header><text>In
this section:</text>
<paragraph id="ID0C3BFC7D4D6E4E429F52A0F3069CF7AC"><enum>(1)</enum><header>Discriminate</header><text>The
term <term>discriminate</term>, 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.</text>
</paragraph><paragraph id="ID5A27312BEE53427A8B00B100AD15A83D"><enum>(2)</enum><header>Undue
hardship</header><text>The term <term>undue hardship</term> means an action
requiring significant difficulty or expense.</text>
</paragraph></subsection></section><section id="ID3697A939FAE34464BF78D791DA022266"><enum>304.</enum><header>Enforcement</header>
<subsection id="ID87BF0128A96C45418DD3C7D1AD00853E"><enum>(a)</enum><header>Civil action by
individuals</header>
<paragraph id="IDFF15149B95E44D4F9690D227190000CA"><enum>(1)</enum><header>Liability</header><text>Any
employer that violates section 303 shall be liable to any individual affected
for—</text>
<subparagraph id="ID2BBD8E441DAA452EBCA1EDA17942B741"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="ID4385DB7A779544F298E42DC74E9E45DB"><enum>(B)</enum><text>compensatory
damages, including damages for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment or life, and other
nonpecuniary losses;</text>
</subparagraph><subparagraph id="ID732C46A317CC4AF7A3471B1507439365"><enum>(C)</enum><text>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</text>
</subparagraph><subparagraph id="IDD484B91183604BEA972D0401CCADFF8C"><enum>(D)</enum><text>such equitable
relief as may be appropriate, including employment, reinstatement, and
promotion.</text>
</subparagraph></paragraph><paragraph id="ID8B20BD1374F947748647595C3C9017ED"><enum>(2)</enum><header>Right of
action</header><text>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.</text>
</paragraph></subsection><subsection id="ID450CEFBB52264952A79021DE594256D7"><enum>(b)</enum><header>Action by
department of justice</header><text>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).</text>
</subsection><subsection commented="no" id="idE0AC4A40EF4E4699BB8753296D40799A"><enum>(c)</enum><header>Library of
Congress</header><text>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.</text>
</subsection><subsection commented="no" id="idFDFBCE2DFE2D4914A45AC5E23E26E90A"><enum>(d)</enum><header>Certain public
agency employers</header>
<paragraph commented="no" id="idFCC5C4C8384C4323979627D8D32B8363"><enum>(1)</enum><header>Agencies</header><text>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.</text>
</paragraph><paragraph commented="no" id="idA49E0210028A442E9B9DC354A0EC8B3B"><enum>(2)</enum><header>Authority</header><text>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.</text>
</paragraph></subsection><subsection commented="no" id="idABD85DADB72C4CCB97786DBDD4D1F34A"><enum>(e)</enum><header>Public agencies
providing public assistance</header><text>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—</text>
<paragraph commented="no" id="id0E260DAE2E6149219AA341F3E68A7F08"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="id351A69981DD0483BB38B38F0ACC645E1"><enum>(A)</enum><text>the amount of any
public assistance denied or lost to such individual by reason of the violation;
and</text>
</subparagraph><subparagraph commented="no" id="idC8D88E12F4564469A9715D9446036D0A" indent="up1"><enum>(B)</enum><text>the interest on the amount described
in clause (i) calculated at the prevailing rate; and</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="idCDDAF8CD139E4708BA3290B1F5CCAB6C"><enum>(2)</enum><text>such equitable
relief as may be appropriate.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="ID41EBFE84B901491DB6249B7DA319FC00" section-type="subsequent-section"><enum>305.</enum><header>Attorney’s
fees</header><text display-inline="no-display-inline">Section 722(b) of the
Revised Statutes (<external-xref legal-doc="usc" parsable-cite="usc/42/1988(b)">42 U.S.C. 1988(b)</external-xref>) is amended by
inserting <quote>the Victims’ Employment Sustainability Act,</quote> after
<quote>title VI of the <act-name parsable-cite="CRA64">Civil Rights Act of
1964</act-name>,</quote>.</text>
</section><section commented="no" id="id17E00E78465C4EFE8D449EDAE3DA471E"><enum>306.</enum><header>Regulations</header>
<subsection commented="no" id="id4E66367A3CD84948A4079B85CF2D346C"><enum>(a)</enum><header>In
general</header><text>Except as provided in subsections (b), (c), and (d), the
Secretary shall issue regulations to carry out this title.</text>
</subsection><subsection commented="no" id="idE0D1903CD6854389BE6DFF8A96238284"><enum>(b)</enum><header>Library of
Congress</header><text>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).</text>
</subsection><subsection commented="no" id="id374E25542CA24AE382A0E8DA7DBAE21B"><enum>(c)</enum><header>Certain public
agency employers</header><text>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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id88C09F74AB6447308501730DCC25FF6E"><enum>(d)</enum><header>Public agencies
providing public assistance</header><text>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).</text>
</subsection></section><enum>IV</enum><header>Victims of abuse
insurance protection</header>
<section id="ID5AF90BA041A341CB98355F113C3D68CA"><enum>401.</enum><header>Short
title</header><text display-inline="no-display-inline">This title may be cited
as the <quote><short-title>Victims of Abuse Insurance
Protection Act</short-title></quote>.</text>
</section><section id="ID75285E0219CF45CDBEA1315610C7C2D8"><enum>402.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph id="ID36DE09D338D14140947256B6E3F7C72D"><enum>(1)</enum><header>Abuse</header><text>The
term <term>abuse</term> means the occurrence of 1 or more of the following acts
by a current or former household or family member, intimate partner, or
caretaker:</text>
<subparagraph id="IDD47F83BA33DF407A94C297CB64407086"><enum>(A)</enum><text>Attempting to
cause or causing another person bodily injury, physical harm, substantial
emotional distress, or psychological trauma.</text>
</subparagraph><subparagraph id="id27E71E65B2A34445B9E1DCE129B896B6"><enum>(B)</enum><text>Attempting to
engage in or engaging in rape, sexual assault, or involuntary sexual
intercourse.</text>
</subparagraph><subparagraph id="ID2685D99E2EFA4B60BD37C038AEF027C6"><enum>(C)</enum><text>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.</text>
</subparagraph><subparagraph id="ID77F731E995E8458BA821E08000FC4B57"><enum>(D)</enum><text>Subjecting
another person to false imprisonment or kidnapping.</text>
</subparagraph><subparagraph id="IDB74742CAFB274F0185B7BFA5DA478F43"><enum>(E)</enum><text>Attempting to
cause or causing damage to property so as to intimidate or attempt to control
the behavior of another person.</text>
</subparagraph></paragraph><paragraph id="IDE0C674254B9040AE815E11F86C7CF380"><enum>(2)</enum><header>Health
carrier</header><text>The term <term>health carrier</term> 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.</text>
</paragraph><paragraph id="IDA8FE985BCA7A4EDE80EC11BED10000EB"><enum>(3)</enum><header>Insured</header><text>The
term <term>insured</term> 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.</text>
</paragraph><paragraph id="ID68EBAB08C8504C89BECD7345DAC59769"><enum>(4)</enum><header>Insurer</header><text>The
term <term>insurer</term> 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
<external-xref legal-doc="act" parsable-cite="ERISA/3(3)">section
3(3)</external-xref> of the <act-name parsable-cite="ERISA">Employee Retirement
Income Security Act of 1974</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/29/102(3)">29 U.S.C. 1002(3)</external-xref>). The term also
includes health carriers, health benefit plans, and life, disability, and
property and casualty insurers.</text>
</paragraph><paragraph id="ID393A4DFA2F084A4B8B2D00E082156760"><enum>(5)</enum><header>Policy</header><text>The
term <term>policy</term> 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.</text>
</paragraph><paragraph id="IDDF62D04B5D224FCCB6112CD193EC3570"><enum>(6)</enum><header>Subject of
abuse</header><text>The term <term>subject of abuse</term> means—</text>
<subparagraph id="ID83ABB0E73DDE4C94BF2E00B482E8AAF2"><enum>(A)</enum><text>a person against
whom an act of abuse has been directed;</text>
</subparagraph><subparagraph id="ID0B79224AFEFC4155B2E6C85DA086BBA1"><enum>(B)</enum><text>a person who has
prior or current injuries, illnesses, or disorders that resulted from abuse;
or</text>
</subparagraph><subparagraph id="IDA071B90F08B744048C87B425D7184F25"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph></section><section id="ID59EB350704B1439E953B915E60D7CEB0"><enum>403.</enum><header>Discriminatory
acts prohibited</header>
<subsection id="ID38BC966C700140ACB2E3A4BFA311C51B"><enum>(a)</enum><header>In
general</header><text>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:</text>
<paragraph id="ID21DD89A71AA0441684753E3DD5B82F62"><enum>(1)</enum><text>Denying, refusing
to issue, renew, or reissue, or canceling or otherwise terminating an insurance
policy or health benefit plan.</text>
</paragraph><paragraph id="IDAE3B9B798DA348D3BEA042F66F165B5E"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="IDC4461AE04D7B487E939F6D37A644B900"><enum>(3)</enum><text>Adding a premium
differential to any insurance policy or health benefit plan.</text>
</paragraph></subsection><subsection id="ID9501EA54493A45FCA3929D502B99DBCC"><enum>(b)</enum><header>Prohibition on
limitation of claims</header><text>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.</text>
</subsection><subsection id="ID1402C38D164D496E00097512B0E8E961"><enum>(c)</enum><header>Prohibition on
termination</header>
<paragraph id="ID6DDCD52E41334B6786D52F8500E5E951"><enum>(1)</enum><header>In
general</header><text>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
<act-name parsable-cite="ERISA">Employee Retirement Income Security Act of
1974</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/29/1161">29
U.S.C. 1161</external-xref> et seq.) or section 4980B of the Internal Revenue
Code of 1986.</text>
</paragraph><paragraph id="ID25ACCD44590741B1A8DC0537B800FAD1"><enum>(2)</enum><header>Payment of
premiums</header><text>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.</text>
</paragraph><paragraph id="ID9A0104008AEF4A33AA723B33B9F0CCEC"><enum>(3)</enum><header>Exception</header><text>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.</text>
</paragraph><paragraph id="ID219C51F2A9EE425C8E104562168D25BB"><enum>(4)</enum><header>Continuation
coverage</header><text>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 <act-name parsable-cite="ERISA">Employee
Retirement Income Security Act of 1974</act-name> (<external-xref legal-doc="usc" parsable-cite="usc/29/1161">29 U.S.C. 1161</external-xref> 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.</text>
</paragraph></subsection><subsection id="ID60DC248F3AAF4D39B600B18BE5080001"><enum>(d)</enum><header>Use of
information</header>
<paragraph id="ID24552412C1714BF80000A17FC2384198"><enum>(1)</enum><header>Limitation</header>
<subparagraph id="ID27B8C908559D400797098925AA642BE0"><enum>(A)</enum><header>In
general</header><text>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)—</text>
<clause id="ID53C256183FFC441D95446FB4DD3E8650"><enum>(i)</enum><text>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</text>
</clause><clause id="ID4EC6E105AFB1431D901072F3B13C7749"><enum>(ii)</enum><text>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—</text>
<subclause id="ID74B939B964F1416C843D634CB3958581"><enum>(I)</enum><text>is required in
order to provide insurance coverage; and</text>
</subclause><subclause id="IDE8786C0AF3064DA28B922463031B00F1"><enum>(II)</enum><text>does not have
the potential to endanger the safety of a subject of abuse.</text>
</subclause></clause></subparagraph><subparagraph id="IDF6A23B1C67D84760811E1400AC379FA7"><enum>(B)</enum><header>Rule of
construction</header><text>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.</text>
</subparagraph></paragraph><paragraph id="ID1E373F34A4E143CE8FF1BD9D08561500"><enum>(2)</enum><header>Authority of
subject of abuse</header><text>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.</text>
</paragraph></subsection></section><section id="ID6B7691C3E96D4EB6A27B64BE81668DF0"><enum>404.</enum><header>Insurance
protocols for subjects of abuse</header><text display-inline="no-display-inline">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.</text>
</section><section id="ID5658BC54D0B84265A9AB607BE2D15B50"><enum>405.</enum><header>Reasons for
adverse actions</header><text display-inline="no-display-inline">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.</text>
</section><section id="ID120834F563D7463D81964570AE85A73E"><enum>406.</enum><header>Life
insurance</header><text display-inline="no-display-inline">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—</text>
<paragraph id="ID77D49C65CC8A4ACD88AD8398DF6DC9A7"><enum>(1)</enum><text>the applicant or
prospective owner of the policy lacks an insurable interest in the insured;
or</text>
</paragraph><paragraph id="ID0BE5994AB32146C9A4B3087FDE425E00"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="IDD4B21BEC836F4239A6C4F64E7BD5F304"><enum>407.</enum><header>Subrogation
without consent prohibited</header><text display-inline="no-display-inline">Subrogation of claims resulting from abuse
is prohibited without the informed consent of the subject of abuse.</text>
</section><section id="ID6F6D0FDF13554FCEA1BA3F02F3150277"><enum>408.</enum><header>Enforcement</header>
<subsection id="ID22DEA202212E47CDA255B5CD1E93E1ED"><enum>(a)</enum><header>Federal Trade
Commission</header><text>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.</text>
</subsection><subsection id="IDA030F94339BD4859841E2B94107D1BFB"><enum>(b)</enum><header>Private cause
of action</header>
<paragraph id="ID19405685CBE94587B3C722F6CF76D6E3"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="ID3584FD5779D94D9889005632DC8997A2"><enum>(2)</enum><header>Relief</header><text>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.</text>
</paragraph><paragraph id="ID1762D65B7E2345ED83D479E9316B9C99"><enum>(3)</enum><header>Statutory
damages</header><text>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.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="ID12A31F9BC78A4F78B9C1B337ACB6D280" section-type="subsequent-section"><enum>409.</enum><header>Effective
date</header><text display-inline="no-display-inline">This title shall apply
with respect to any action taken on or after the date of enactment of this
Act.</text>
</section><enum>V</enum><header>Severability</header>
<section commented="no" display-inline="no-display-inline" id="ID017093978D20486C9D4784F6B70000EA" section-type="subsequent-section"><enum>501.</enum><header>Severability</header><text display-inline="no-display-inline">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.</text>
</section>