[Congressional Record Volume 149, Number 155 (Thursday, October 30, 2003)]
[Senate]
[Pages S13668-S13677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Corzine, Mr. Schumer, and Mr. 
        Dayton):
  S. 1801. A bill to promote the economic security and safety of 
victims of domestic and sexual violence, and for other purposes; to the 
Committee on Finance.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1801

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Security 
     and Financial Empowerment Act'' or the ``SAFE Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

  TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR 
                            SEXUAL VIOLENCE

Sec. 101. Purposes.
Sec. 102. Entitlement to emergency leave for addressing domestic or 
              sexual violence.
Sec. 103. Existing leave usable for addressing domestic or sexual 
              violence.
Sec. 104. Emergency benefits.
Sec. 105. Effect on other laws and employment benefits.
Sec. 106. Conforming amendments.
Sec. 107. Effective date.

   TITLE II--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF 
    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

Sec. 201. Purposes.
Sec. 202. Unemployment compensation and training provisions.

             TITLE III--VICTIMS' EMPLOYMENT SUSTAINABILITY

Sec. 301. Short title.
Sec. 302. Purposes.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Enforcement.
Sec. 305. Attorney's fees.

            TITLE IV--VICTIMS OF ABUSE INSURANCE PROTECTION

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Discriminatory acts prohibited.
Sec. 404. Insurance protocols for subjects of abuse.
Sec. 405. Reasons for adverse actions.
Sec. 406. Life insurance.
Sec. 407. Subrogation without consent prohibited.
Sec. 408. Enforcement.
Sec. 409. Effective date.

              TITLE V--WORKPLACE SAFETY PROGRAM TAX CREDIT

Sec. 501. Credit for costs to employers of implementing workplace 
              safety programs.

TITLE VI--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
                            WORKPLACE GRANT

Sec. 601. National clearinghouse on domestic and sexual violence in the 
              workplace grant.

                        TITLE VII--SEVERABILITY

Sec. 701. Severability.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Domestic violence crimes account for approximately 15 
     percent of total crime costs in the United States each year.
       (2) Violence against women has been reported to be the 
     leading cause of physical injury to women. Such violence has 
     a devastating impact on women's physical and emotional health 
     and financial security.
       (3) According to a recent National Institutes of Health-
     Centers for Disease Control and Prevention study, each year 
     there are 5,300,000 non-fatal violent victimizations 
     committed by intimate partners against women. Female murder 
     victims were substantially more likely than male murder 
     victims to have been killed by an intimate partner. About \1/
     3\ of female murder victims, and about 4 percent of male 
     murder victims, were killed by an intimate partner.
       (4) According to recent government estimates, approximately 
     987,400 rapes occur annually in the United States, 89 percent 
     of the rapes perpetrated against female victims. Since 2001, 
     rapes have actually increased by 4 percent.
       (5) Approximately 10,200,000 people have been stalked at 
     some time in their lives. Four out of every 5 stalking 
     victims are women. Stalkers harass and terrorize their 
     victims by spying on the victims, standing outside their 
     places of work or homes, making unwanted phone calls, sending 
     or leaving unwanted letters or items, or vandalizing 
     property.
       (6) Employees in the United States who have been victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking too often suffer adverse consequences in the 
     workplace as a result of their victimization.
       (7) Victims of domestic violence, dating violence, sexual 
     assault, and stalking are particularly vulnerable to changes 
     in employment, pay, and benefits as a result of their 
     victimizations, and are, therefore, in need of legal 
     protection.
       (8) The prevalence of domestic violence, dating violence, 
     sexual assault, stalking, and other violence against women at 
     work is dramatic. About 36,500 individuals, 80 percent of 
     whom are women, were raped or sexually assaulted in the 
     workplace each year from 1993 through 1999. Half of all 
     female victims of violent workplace crimes know their 
     attackers. Nearly 1 out of 10 violent workplace incidents are 
     committed by partners or spouses. Women who work for State 
     and local governments suffer a higher incidence of workplace 
     assaults, including rapes, than women who work in the private 
     sector.
       (9) Homicide is the leading cause of death for women on the 
     job. Husbands, boyfriends, and ex-partners commit 15 percent 
     of workplace homicides against women.
       (10) Studies indicate that between 35 and 56 percent of 
     employed battered women surveyed were harassed at work by 
     their abusive partners.
       (11) According to a 1998 report of the General Accounting 
     Office, between \1/4\ and \1/2\ of domestic violence victims 
     surveyed in 3 studies reported that the victims lost a job 
     due, at least in part, to domestic violence.
       (12) 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.
       (13) Abusers frequently seek to control their partners by 
     actively interfering with their ability to work, including 
     preventing their partners from going to work, harassing their 
     partners at work, limiting the access of their partners to 
     cash or transportation, and sabotaging the child care 
     arrangements of their partners.
       (14) More than \1/2\ of women receiving welfare have been 
     victims of domestic violence as adults and between \1/4\ and 
     \1/3\ reported being abused in the last year.
       (15) 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.
       (16) 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.
       (17) More than 35 percent of stalking victims report losing 
     time from work due to the stalking and 7 percent never return 
     to work.
       (18)(A) According to the National Institute of Justice, 
     crime costs an estimated $450,000,000,000 annually in medical 
     expenses, lost earnings, social service costs, pain, 
     suffering, and reduced quality of life for victims, which 
     harms the Nation's productivity and drains the Nation's 
     resources.
       (B) Violent crime accounts for $426,000,000,000 per year of 
     this amount.
       (C) Rape exacts the highest costs per victim of any 
     criminal offense, and accounts for $127,000,000,000 per year 
     of the amount described in subparagraph (A).
       (19) 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.
       (20) 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.
       (21) United States medical costs for domestic violence have 
     been estimated to be $31,000,000,000 per year.
       (22) Surveys of business executives and corporate security 
     directors also underscore the

[[Page S13669]]

     heavy toll that workplace violence takes on women, 
     businesses, and interstate commerce in the United States.
       (23) Ninety-four percent of corporate security and safety 
     directors at companies nationwide rank domestic violence as a 
     high security concern.
       (24) Forty-nine percent of senior executives recently 
     surveyed said domestic violence has a harmful effect on their 
     company's productivity, 47 percent said domestic violence 
     negatively affects attendance, and 44 percent said domestic 
     violence increases health care costs.
       (25) Only 25 States 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.
       (26) Only 6 States provide domestic violence victims with 
     leave from work to go to court, to the doctor, or to take 
     other steps to address the domestic violence in their lives, 
     and only Maine provides such leave to victims of sexual 
     assault and stalking.
       (27) No States prohibit employment discrimination against 
     victims of domestic violence, sexual assault, or stalking. 
     Five States provide limited protection to some victims under 
     certain circumstances.
       (28) Employees, including individuals participating in 
     welfare to work programs, may need to take time during 
     business hours to--
       (A) obtain orders of protection;
       (B) seek medical or legal assistance, counseling, or other 
     services; or
       (C) look for housing in order to escape from domestic 
     violence.
       (29) Domestic and sexual violence victims have been 
     subjected to discrimination by private and State employers, 
     including discrimination motivated by sex and stereotypic 
     notions about women.
       (30) Domestic violence victims and third parties who help 
     them have been subjected to discriminatory practices by 
     health, life, disability, and property and casualty insurers 
     and employers who self-insure employee benefits who have 
     denied or canceled coverage, rejected claims, and raised 
     rates based on domestic violence. Although some State 
     legislatures have tried to address these problems, the scope 
     of protection afforded by the laws adopted varies from State 
     to State, with many failing to address the problem 
     comprehensively. Moreover, Federal law prevents States from 
     protecting the almost 40 percent of employees whose employers 
     self-insure employee benefits.
       (31) Existing Federal law does not explicitly--
       (A) authorize victims of domestic violence, dating 
     violence, sexual assault, or stalking to take leave from work 
     to seek legal assistance and redress, counseling, or 
     assistance with safety planning activities;
       (B) address the eligibility of victims of domestic 
     violence, dating violence, sexual assault, or stalking for 
     unemployment compensation;
       (C) prohibit employment discrimination against actual or 
     perceived victims of domestic violence, dating violence, 
     sexual assault, or stalking; or
       (D) prohibit insurers and employers who self-insure 
     employee benefits from discriminating against domestic 
     violence victims and those who help them in determining 
     eligibility, rates charged, and standards for payment of 
     claims; nor does it prohibit insurers from disclosure of 
     information about abuse and the victim's location through 
     insurance databases and other means.

     SEC. 3. DEFINITIONS.

       In this Act, except as otherwise expressly provided:
       (1) Commerce.--The terms ``commerce'' and ``industry or 
     activity affecting commerce'' have the meanings given the 
     terms in section 101 of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2611).
       (2) Course of conduct.--The term ``course of conduct'' 
     means a course of repeatedly maintaining a visual or physical 
     proximity to a person or conveying verbal or written threats, 
     including threats conveyed through electronic communications, 
     or threats implied by conduct.
       (3) Dating violence.--The term ``dating violence'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (4) Domestic or sexual violence.--The term ``domestic or 
     sexual violence'' means domestic violence, dating violence, 
     sexual assault, or stalking.
       (5) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 826 of the Higher 
     Education Amendments of 1998 (20 U.S.C. 1152).
       (6) Domestic violence coalition.--The term ``domestic 
     violence coalition'' means a nonprofit, nongovernmental 
     membership organization that--
       (A) consists of the entities carrying out a majority of the 
     domestic violence programs carried out within a State;
       (B) collaborates and coordinates activities with Federal, 
     State, and local entities to further the purposes of domestic 
     violence intervention and prevention; and
       (C) among other activities, provides training and technical 
     assistance to entities carrying out domestic violence 
     programs within a State, territory, political subdivision, or 
     area under Federal authority.
       (7) Electronic communications.--The term ``electronic 
     communications'' includes communications via telephone, 
     mobile phone, computer, e-mail, video recorder, fax machine, 
     telex, or pager.
       (8) Employ; state.--The terms ``employ'' and ``State'' have 
     the meanings given the terms in section 3 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203).
       (9) Employee.--
       (A) In general.--The term ``employee'' means any person 
     employed by an employer. In the case of an individual 
     employed by a public agency, such term means an individual 
     employed as described in section 3(e) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(e)).
       (B) Basis.--The term includes a person employed as 
     described in subparagraph (A) on a full- or part-time basis, 
     for a fixed time period, on a temporary basis, pursuant to a 
     detail, as an independent contractor, or as a participant in 
     a work assignment as a condition of receipt of Federal or 
     State income-based public assistance.
       (10) Employer.--The term ``employer''--
       (A) means any person engaged in commerce or in any industry 
     or activity affecting commerce who employs 15 or more 
     individuals; and
       (B) includes any person acting directly or indirectly in 
     the interest of an employer in relation to an employee, and 
     includes a public agency, but does not include any labor 
     organization (other than when acting as an employer) or 
     anyone acting in the capacity of officer or agent of such 
     labor organization.
       (11) Employment benefits.--The term ``employment benefits'' 
     means all benefits provided or made available to employees by 
     an employer, including group life insurance, health 
     insurance, disability insurance, sick leave, annual leave, 
     educational benefits, and pensions, regardless of whether 
     such benefits are provided by a practice or written policy of 
     an employer or through an ``employee benefit plan'', as 
     defined in section 3(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002(3)).
       (12) Family or household member.--The term ``family or 
     household member'' means a spouse, former spouse, parent, son 
     or daughter, or person residing or formerly residing in the 
     same dwelling unit.
       (13) Parent; son or daughter.--The terms ``parent'' and 
     ``son or daughter'' have the meanings given the terms in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611).
       (14) Person.--The term ``person'' has the meaning given the 
     term in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       (15) Public agency.--The term ``public agency'' has the 
     meaning given the term in section 3 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203).
       (16) Public assistance.--The term ``public assistance'' 
     includes cash, food stamps, medical assistance, housing 
     assistance, and other benefits provided on the basis of 
     income by a public agency.
       (17) Reduced leave schedule.--The term ``reduced leave 
     schedule'' means a leave schedule that reduces the usual 
     number of hours per workweek, or hours per workday, of an 
     employee.
       (18) Repeatedly.--The term ``repeatedly'' means on 2 or 
     more occasions.
       (19) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (20) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (21) Sexual assault coalition.--The term ``sexual assault 
     coalition'' means a nonprofit, nongovernmental membership 
     organization that--
       (A) consists of the entities carrying out a majority of the 
     sexual assault programs carried out within a State;
       (B) collaborates and coordinates activities with Federal, 
     State, and local entities to further the purposes of sexual 
     assault intervention and prevention; and
       (C) among other activities, provides training and technical 
     assistance to entities carrying out sexual assault programs 
     within a State, territory, political subdivision, or area 
     under Federal authority.
       (22) Stalking.--The term ``stalking'' means engaging in a 
     course of conduct directed at a specific person that would 
     cause a reasonable person to suffer substantial emotional 
     distress or to fear bodily injury, sexual assault, or death 
     to the person, or the person's spouse, parent, or son or 
     daughter, or any other person who regularly resides in the 
     person's household, if the conduct causes the specific person 
     to have such distress or fear.
       (23) Victim of domestic or sexual violence.--The term 
     ``victim of domestic or sexual violence'' includes a person 
     who has been a victim of domestic or sexual violence and a 
     person whose family or household member has been a victim of 
     domestic or sexual violence.
       (24) Victim services organization.--The term ``victim 
     services organization'' means a nonprofit, nongovernmental 
     organization that provides assistance to victims of domestic 
     or sexual violence or to advocates for such victims, 
     including a rape crisis center, an organization carrying out 
     a domestic violence program, an organization operating a 
     shelter or providing counseling services, or an organization 
     providing assistance through the legal process.

  TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR 
                            SEXUAL VIOLENCE

     SEC. 101. PURPOSES.

       The purposes of this title are, pursuant to the affirmative 
     power of Congress to enact

[[Page S13670]]

     legislation under the portions of section 8 of article I of 
     the Constitution relating to providing for the general 
     welfare and to regulation of commerce among the several 
     States, and under section 5 of the 14th amendment to the 
     Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such violence, and participate in 
     criminal and civil justice processes, without fear of adverse 
     economic consequences from their employers;
       (3) to ensure that victims of domestic or sexual violence 
     can recover from and cope with the effects of such violence, 
     and participate in criminal and civil justice processes, 
     without fear of adverse economic consequences with respect to 
     public benefits;
       (4) to promote the purposes of the 14th amendment by 
     preventing sex-based discrimination and discrimination 
     against victims of domestic and sexual violence in employment 
     leave, addressing the failure of existing laws to protect the 
     employment rights of victims of domestic or sexual violence, 
     by protecting their civil and economic rights, and by 
     furthering the equal opportunity of women for economic self-
     sufficiency and employment free from discrimination;
       (5) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, employment, health care costs, and employer 
     costs, caused by domestic or sexual violence, including 
     intentional efforts to frustrate women's ability to 
     participate in employment and interstate commerce;
       (6) to further the goals of human rights and dignity 
     reflected in instruments such as the United Nations Charter, 
     the Universal Declaration of Human Rights, and the 
     International Covenant on Civil and Political Rights; and
       (7) to accomplish the purposes described in paragraphs (1) 
     through (6) by--
       (A) entitling employed victims of domestic or sexual 
     violence to take leave to seek medical help, legal 
     assistance, counseling, safety planning, and other assistance 
     without penalty from their employers; and
       (B) prohibiting employers from discriminating against 
     actual or perceived victims of domestic or sexual violence, 
     in a manner that accommodates the legitimate interests of 
     employers and protects the safety of all persons in the 
     workplace.

     SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING 
                   DOMESTIC OR SEXUAL VIOLENCE.

       (a) Leave Requirement.--
       (1) Basis.--An employee who is a victim of domestic or 
     sexual violence may take leave from work to address domestic 
     or sexual violence, by--
       (A) seeking medical attention for, or recovering from, 
     physical or psychological injuries caused by domestic or 
     sexual violence to the employee or the employee's family or 
     household member;
       (B) obtaining services from a victim services organization 
     for the employee or the employee's family or household 
     member;
       (C) obtaining psychological or other counseling for the 
     employee or the employee's family or household member;
       (D) participating in safety planning, temporarily or 
     permanently relocating, or taking other actions to increase 
     the safety of the employee or the employee's family or 
     household member from future domestic or sexual violence or 
     ensure economic security; or
       (E) seeking legal assistance or remedies to ensure the 
     health and safety of the employee or the employee's family or 
     household member, including preparing for or participating in 
     any civil or criminal legal proceeding related to or derived 
     from domestic or sexual violence.
       (2) Period.--An employee may take not more than 30 days of 
     leave, as described in paragraph (1), in any 12-month period.
       (3) Schedule.--Leave described in paragraph (1) may be 
     taken intermittently or on a reduced leave schedule.
       (b) Notice.--The employee shall provide the employer with 
     reasonable notice of the employee's intention to take the 
     leave, unless providing such notice is not practicable.
       (c) Certification.--
       (1) In general.--The employer may require the employee to 
     provide certification to the employer that--
       (A) the employee or the employee's family or household 
     member is a victim of domestic or sexual violence; and
       (B) the leave is for 1 of the purposes enumerated in 
     subsection (a)(1).
     The employee shall provide a copy of such certification to 
     the employer within a reasonable period after the employer 
     requests certification.
       (2) Contents.--An employee may satisfy the certification 
     requirement of paragraph (1) by providing to the employer--
       (A) a sworn statement of the employee;
       (B) documentation from an employee, agent, or volunteer of 
     a victim services organization, an attorney, a member of the 
     clergy, or a medical or other professional, from whom the 
     employee or the employee's family or household member has 
     sought assistance in addressing domestic or sexual violence 
     and the effects of the violence;
       (C) a police or court record; or
       (D) other corroborating evidence.
       (d) Confidentiality.--All information provided to the 
     employer pursuant to subsection (b) or (c), including a 
     statement of the employee or any other documentation, record, 
     or corroborating evidence, and the fact that the employee has 
     requested or obtained leave pursuant to this section, shall 
     be retained in the strictest confidence by the employer, 
     except to the extent that disclosure is--
       (1) requested or consented to by the employee in writing; 
     or
       (2) otherwise required by applicable Federal or State law.
       (e) Employment and Benefits.--
       (1) Restoration to position.--
       (A) In general.--Except as provided in paragraph (2), any 
     employee who takes leave under this section for the intended 
     purpose of the leave shall be entitled, on return from such 
     leave--
       (i) to be restored by the employer to the position of 
     employment held by the employee when the leave commenced; or
       (ii) to be restored to an equivalent position with 
     equivalent employment benefits, pay, and other terms and 
     conditions of employment.
       (B) Loss of benefits.--The taking of leave under this 
     section shall not result in the loss of any employment 
     benefit accrued prior to the date on which the leave 
     commenced.
       (C) Limitations.--Nothing in this subsection shall be 
     construed to entitle any restored employee to--
       (i) the accrual of any seniority or employment benefits 
     during any period of leave; or
       (ii) any right, benefit, or position of employment other 
     than any right, benefit, or position to which the employee 
     would have been entitled had the employee not taken the 
     leave.
       (D) Construction.--Nothing in this paragraph shall be 
     construed to prohibit an employer from requiring an employee 
     on leave under this section to report periodically to the 
     employer on the status and intention of the employee to 
     return to work.
       (2) Exemption concerning certain highly compensated 
     employees.--
       (A) Denial of restoration.--An employer may deny 
     restoration under paragraph (1) to any employee described in 
     subparagraph (B) if--
       (i) such denial is necessary to prevent substantial and 
     grievous economic injury to the operations of the employer;
       (ii) the employer notifies the employee of the intent of 
     the employer to deny restoration on such basis at the time 
     the employer determines that such injury would occur; and
       (iii) in any case in which the leave has commenced, the 
     employee elects not to return to employment after receiving 
     such notice.
       (B) Affected employees.--An employee referred to in 
     subparagraph (A) is a salaried employee who is among the 
     highest paid 10 percent of the employees employed by the 
     employer within 75 miles of the facility at which the 
     employee is employed.
       (3) Maintenance of health benefits.--
       (A) Coverage.--Except as provided in subparagraph (B), 
     during any period that an employee takes leave under this 
     section, the employer shall maintain coverage under any group 
     health plan (as defined in section 5000(b)(1) of the Internal 
     Revenue Code of 1986) for the duration of such leave at the 
     level and under the conditions coverage would have been 
     provided if the employee had continued in employment 
     continuously for the duration of such leave.
       (B) Failure to return from leave.--The employer may recover 
     the premium that the employer paid for maintaining coverage 
     for the employee under such group health plan during any 
     period of leave under this section if--
       (i) the employee fails to return from leave under this 
     section after the period of leave to which the employee is 
     entitled has expired; and
       (ii) the employee fails to return to work for a reason 
     other than--

       (I) the continuation, recurrence, or onset of domestic or 
     sexual violence, that entitles the employee to leave pursuant 
     to this section; or
       (II) other circumstances beyond the control of the 
     employee.

       (C) Certification.--
       (i) Issuance.--An employer may require an employee who 
     claims that the employee is unable to return to work because 
     of a reason described in subclause (I) or (II) of 
     subparagraph (B)(ii) to provide, within a reasonable period 
     after making the claim, certification to the employer that 
     the employee is unable to return to work because of that 
     reason.
       (ii) Contents.--An employee may satisfy the certification 
     requirement of clause (i) by providing to the employer--

       (I) a sworn statement of the employee;
       (II) documentation from an employee, agent, or volunteer of 
     a victim services organization, an attorney, a member of the 
     clergy, or a medical or other professional, from whom the 
     employee has sought assistance in addressing domestic or 
     sexual violence and the effects of that violence;
       (III) a police or court record; or
       (IV) other corroborating evidence.

[[Page S13671]]

       (D) Confidentiality.--All information provided to the 
     employer pursuant to subparagraph (C), including a statement 
     of the employee or any other documentation, record, or 
     corroborating evidence, and the fact that the employee is not 
     returning to work because of a reason described in subclause 
     (I) or (II) of subparagraph (B)(ii) shall be retained in the 
     strictest confidence by the employer, except to the extent 
     that disclosure is--
       (i) requested or consented to by the employee; or
       (ii) otherwise required by applicable Federal or State law.
       (f) Prohibited Acts.--
       (1) Interference with rights.--
       (A) Exercise of rights.--It shall be unlawful for any 
     employer to interfere with, restrain, or deny the exercise of 
     or the attempt to exercise, any right provided under this 
     section.
       (B) Employer discrimination.--It shall be unlawful for any 
     employer to discharge or harass any individual, or otherwise 
     discriminate against any individual with respect to 
     compensation, terms, conditions, or privileges of employment 
     of the individual (including retaliation in any form or 
     manner) because the individual--
       (i) exercised any right provided under this section; or
       (ii) opposed any practice made unlawful by this section.
       (C) Public agency sanctions.--It shall be unlawful for any 
     public agency to deny, reduce, or terminate the benefits of, 
     otherwise sanction, or harass any individual, or otherwise 
     discriminate against any individual with respect to the 
     amount, terms, or conditions of public assistance of the 
     individual (including retaliation in any form or manner) 
     because the individual--
       (i) exercised any right provided under this section; or
       (ii) opposed any practice made unlawful by this section.
       (2) Interference with proceedings or inquiries.--It shall 
     be unlawful for any person to discharge or in any other 
     manner discriminate (as described in subparagraph (B) or (C) 
     of paragraph (1)) against any individual because such 
     individual--
       (A) has filed any charge, or has instituted or caused to be 
     instituted any proceeding, under or related to this section;
       (B) has given, or is about to give, any information in 
     connection with any inquiry or proceeding relating to any 
     right provided under this section; or
       (C) has testified, or is about to testify, in any inquiry 
     or proceeding relating to any right provided under this 
     section.
       (g) Enforcement.--
       (1) Civil action by affected individuals.--
       (A) Liability.--Any employer or public agency that violates 
     subsection (f) shall be liable to any individual affected--
       (i) for damages equal to--

       (I) the amount of--

       (aa) any wages, salary, employment benefits, public 
     assistance, or other compensation denied or lost to such 
     individual by reason of the violation; or
       (bb) in a case in which wages, salary, employment benefits, 
     public assistance, or other compensation has not been denied 
     or lost to the individual, any actual monetary losses 
     sustained by the individual as a direct result of the 
     violation;

       (II) the interest on the amount described in subclause (I) 
     calculated at the prevailing rate; and
       (III) an additional amount as liquidated damages equal to 
     the sum of the amount described in subclause (I) and the 
     interest described in subclause (II), except that if an 
     employer or public agency that has violated subsection (f) 
     proves to the satisfaction of the court that the act or 
     omission that violated subsection (f) was in good faith and 
     that the employer or public agency had reasonable grounds for 
     believing that the act or omission was not a violation of 
     subsection (f), such court may, in the discretion of the 
     court, reduce the amount of the liability to the amount and 
     interest determined under subclauses (I) and (II), 
     respectively; and

       (ii) for such equitable relief as may be appropriate, 
     including employment, reinstatement, and promotion.
       (B) Right of action.--An action to recover the damages or 
     equitable relief prescribed in subparagraph (A) may be 
     maintained against any employer or public agency in any 
     Federal or State court of competent jurisdiction by any 1 or 
     more affected individuals for and on behalf of--
       (i) the individuals; or
       (ii) the individuals and other individuals similarly 
     situated.
       (C) Fees and costs.--The court in such an action shall, in 
     addition to any judgment awarded to the plaintiff, allow a 
     reasonable attorney's fee, reasonable expert witness fees, 
     and other costs of the action to be paid by the defendant.
       (D) Limitations.--The right provided by subparagraph (B) to 
     bring an action by or on behalf of any affected individual 
     shall terminate--
       (i) on the filing of a complaint by the Secretary in an 
     action under paragraph (4) in which restraint is sought of 
     any further delay in the payment of the amount described in 
     subparagraph (A)(i) to such individual by an employer or 
     public agency responsible under subparagraph (A) for the 
     payment; or
       (ii) on the filing of a complaint by the Secretary in an 
     action under paragraph (2) in which a recovery is sought of 
     the damages described in subparagraph (A)(i) owing to an 
     affected individual by an employer or public agency liable 
     under subparagraph (A),
     unless the action described in clause (i) or (ii) is 
     dismissed without prejudice on motion of the Secretary.
       (2) Action by the secretary.--
       (A) Administrative action.--The Secretary shall receive, 
     investigate, and attempt to resolve complaints of violations 
     of subsection (f) in the same manner as the Secretary 
     receives, investigates, and attempts to resolve complaints of 
     violations of sections 6 and 7 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206 and 207).
       (B) Civil action.--The Secretary may bring an action in any 
     court of competent jurisdiction to recover the damages 
     described in paragraph (1)(A)(i).
       (C) Sums recovered.--Any sums recovered by the Secretary 
     pursuant to subparagraph (B) shall be held in a special 
     deposit account and shall be paid, on order of the Secretary, 
     directly to each individual affected. Any such sums not paid 
     to such an individual because of inability to do so within a 
     period of 3 years shall be deposited into the Treasury of the 
     United States as miscellaneous receipts.
       (3) Limitation.--
       (A) In general.--Except as provided in subparagraph (B), an 
     action may be brought under this subsection not later than 2 
     years after the date of the last event constituting the 
     alleged violation for which the action is brought.
       (B) Willful violation.--In the case of such action brought 
     for a willful violation of subsection (f), such action may be 
     brought within 3 years after the date of the last event 
     constituting the alleged violation for which such action is 
     brought.
       (C) Commencement.--In determining when an action is 
     commenced by the Secretary under this subsection for the 
     purposes of this paragraph, it shall be considered to be 
     commenced on the date when the complaint is filed.
       (4) Action for injunction by secretary.--The district 
     courts of the United States shall have jurisdiction, for 
     cause shown, in an action brought by the Secretary--
       (A) to restrain violations of subsection (f), including the 
     restraint of any withholding of payment of wages, salary, 
     employment benefits, public assistance, or other 
     compensation, plus interest, found by the court to be due to 
     affected individuals; or
       (B) to award such other equitable relief as may be 
     appropriate, including employment, reinstatement, and 
     promotion.
       (5) Solicitor of labor.--The Solicitor of Labor may appear 
     for and represent the Secretary on any litigation brought 
     under this subsection.
       (6) Employer liability under other laws.--Nothing in this 
     section shall be construed to limit the liability of an 
     employer or public agency to an individual, for harm suffered 
     relating to the individual's experience of domestic or sexual 
     violence, pursuant to any other Federal or State law, 
     including a law providing for a legal remedy.

     SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR 
                   SEXUAL VIOLENCE.

       An employee who is entitled to take paid or unpaid leave 
     (including family, medical, sick, annual, personal, or 
     similar leave) from employment, pursuant to State or local 
     law, a collective bargaining agreement, or an employment 
     benefits program or plan, may elect to substitute any period 
     of such leave for an equivalent period of leave provided 
     under section 102.

     SEC. 104. EMERGENCY BENEFITS.

       (a) In General.--A State may use funds provided to the 
     State under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) to provide nonrecurrent short-term 
     emergency benefits to an individual for any period of leave 
     the individual takes pursuant to section 102.
       (b) Eligibility.--In calculating the eligibility of an 
     individual for such emergency benefits, the State shall count 
     only the cash available or accessible to the individual.
       (c) Timing.--
       (1) Applications.--An individual seeking emergency benefits 
     under subsection (a) from a State shall submit an application 
     to the State.
       (2) Benefits.--The State shall provide benefits to an 
     eligible applicant under paragraph (1) on an expedited basis, 
     and not later than 7 days after the applicant submits an 
     application under paragraph (1).
       (d) Conforming Amendment.--Section 404 of the Social 
     Security Act (42 U.S.C. 604) is amended by adding at the end 
     the following:
       ``(l) Authority To Provide Emergency Benefits.--A State 
     that receives a grant under section 403 may use the grant to 
     provide nonrecurrent short-term emergency benefits, in 
     accordance with section 104 of the Security and Financial 
     Empowerment Act, to individuals who take leave pursuant to 
     section 102 of that Act, without regard to whether the 
     individuals receive assistance under the State program funded 
     under this part.''.

     SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

       (a) More Protective Laws, Agreements, Programs, and 
     Plans.--Nothing in this title shall be construed to supersede 
     any provision of any Federal, State, or local law, collective 
     bargaining agreement, or employment benefits program or plan 
     that provides--

[[Page S13672]]

       (1) greater leave benefits for victims of domestic or 
     sexual violence than the rights established under this title; 
     or
       (2) leave benefits for a larger population of victims of 
     domestic or sexual violence (as defined in such law, 
     agreement, program, or plan) than the victims of domestic or 
     sexual violence covered under this title.
       (b) Less Protective Laws, Agreements, Programs, and 
     Plans.--The rights established for victims of domestic or 
     sexual violence under this title shall not be diminished by 
     any State or local law, collective bargaining agreement, or 
     employment benefits program or plan.

     SEC. 106. CONFORMING AMENDMENT.

       Section 1003(a)(1) of the Rehabilitation Act Amendments of 
     1986 (42 U.S.C. 2000d-7(a)(1)) is amended by inserting 
     ``title I or III of the Security and Financial Empowerment 
     Act,'' before ``or the provisions''.

     SEC. 107. EFFECTIVE DATE.

       This title and the amendment made by this title take effect 
     180 days after the date of enactment of this Act.

   TITLE II--ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF 
    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

     SEC. 201. PURPOSES.

       The purposes of this title are, pursuant to the affirmative 
     power of Congress to enact legislation under the portions of 
     section 8 of article I of the Constitution relating to laying 
     and collecting taxes, providing for the general welfare, and 
     regulation of commerce among the several States, and under 
     section 5 of the 14th amendment to the Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such victimization and participate 
     in the criminal and civil justice processes without fear of 
     adverse economic consequences;
       (3) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, loss of employment, health care costs, and 
     employer costs, caused by domestic or sexual violence 
     including intentional efforts to frustrate the ability of 
     women to participate in employment and interstate commerce;
       (4) to promote the purposes of the 14th amendment to the 
     Constitution by preventing sex-based discrimination and 
     discrimination against victims of domestic and sexual 
     violence in unemployment insurance, by addressing the failure 
     of existing laws to protect the employment rights of victims 
     of domestic or sexual violence, by protecting their civil and 
     economic rights, and by furthering the equal opportunity of 
     women for economic self-sufficiency and employment free from 
     discrimination; and
       (5) to accomplish the purposes described in paragraphs (1) 
     through (4) by providing unemployment insurance to those who 
     are separated from their employment as a result of domestic 
     or sexual violence, in a manner that accommodates the 
     legitimate interests of employers and protects the safety of 
     all persons in the workplace.

     SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

       (a) Unemployment Compensation.--Section 3304 of the 
     Internal Revenue Code of 1986 (relating to approval of State 
     unemployment compensation laws) is amended--
       (1) in subsection (a)--
       (A) in paragraph (18), by striking ``and'' at the end;
       (B) by redesignating paragraph (19) as paragraph (20); and
       (C) by inserting after paragraph (18) the following new 
     paragraph:
       ``(19) compensation shall not be denied where an individual 
     is separated from employment due to circumstances resulting 
     from the individual's experience of domestic or sexual 
     violence; and''; and
       (2) by adding at the end the following new subsection:
       ``(g) Construction.--
       ``(1) In general.--For purposes of subsection (a)(19), an 
     individual's separation from employment shall be treated as 
     due to circumstances resulting from the individual's 
     experience of domestic or sexual violence if the separation 
     resulted from--
       ``(A) the individual's reasonable fear of future domestic 
     or sexual violence at or en route to or from the individual's 
     place of employment;
       ``(B) the individual's wish to relocate in order to avoid 
     future domestic or sexual violence against the individual or 
     the individual's family or household member (as such term is 
     defined in section 3 of the Security and Financial 
     Empowerment Act);
       ``(C) the individual's need to obtain treatment to address 
     the physical, psychological, or legal effects of domestic or 
     sexual violence on the individual or the individual's family 
     or household member (as such term is defined in section 3 of 
     the Security and Financial Empowerment Act);
       ``(D) the employer's denial of the individual's request for 
     leave from employment to address domestic or sexual violence 
     and its effects on the individual or the individual's family 
     or household member (as such term is defined in section 3 of 
     the Security and Financial Empowerment Act), including leave 
     authorized by section 102 of the Family and Medical Leave Act 
     of 1993 or by title I of the Security and Financial 
     Empowerment Act;
       ``(E) the employer's termination of the individual's 
     employment due to actions, including absences, taken by the 
     individual that were necessary to protect the individual or 
     the individual's family or household member (as such term is 
     defined in section 3 of the Security and Financial 
     Empowerment Act) from domestic or sexual violence;
       ``(F) the employer's termination of the individual due to 
     circumstances resulting from the individual's being, or being 
     perceived to be, a victim of domestic or sexual violence; or
       ``(G) any other circumstance in which domestic or sexual 
     violence causes the individual to reasonably believe that 
     separation from employment is necessary for the future safety 
     of the individual or the individual's family or household 
     member (as such term is defined in section 3 of the Security 
     and Financial Empowerment Act).
       ``(2) Reasonable efforts to retain employment.--For 
     purposes of subsection (a)(19), if State law requires the 
     individual to have made reasonable efforts to retain 
     employment as a condition for receiving unemployment 
     compensation, such requirement shall be met if the 
     individual--
       ``(A) sought protection from, or assistance in responding 
     to, domestic or sexual violence, including calling the 
     police, obtaining services from a victim services 
     organization (as defined in section 3 of the Security and 
     Financial Empowerment Act), or seeking legal, social work, 
     medical, clerical, or other assistance;
       ``(B) sought safety, including refuge in a shelter or 
     temporary or permanent relocation, whether or not the 
     individual actually obtained such refuge or accomplished such 
     relocation; or
       ``(C) reasonably believed that options such as taking a 
     leave of absence, transferring jobs, or receiving an 
     alternative work schedule would not be sufficient to 
     guarantee the safety of the individual or the individual's 
     family or household member (as such term is defined in 
     section 3 of the Security and Financial Empowerment Act).
       ``(3) Active search for employment.--For purposes of 
     subsection (a)(19), if State law requires the individual to 
     actively search for employment after separation from 
     employment as a condition for receiving unemployment 
     compensation--
       ``(A) such requirement shall be treated as met where the 
     individual registers for work (the individual is not 
     otherwise required to seek employment on a weekly basis); and
       ``(B) such law may not categorize an employment opportunity 
     as suitable work for the individual unless such employment 
     opportunity reasonably accommodates the individual's need to 
     address the physical, psychological, legal, and other effects 
     of domestic or sexual violence.
       ``(4) Provision of information to meet certain 
     requirements.--
       ``(A) In general.--In determining if an individual meets 
     the requirements of paragraphs (1), (2), and (3), the 
     unemployment agency of the State in which an individual is 
     requesting unemployment compensation by reason of subsection 
     (a)(19) may require the individual to provide certification 
     that the separation from employment was due to circumstances 
     resulting from the individual's, or the individual's family 
     or household member's (as such term is defined in section 3 
     of the Security and Financial Empowerment Act), experience of 
     domestic or sexual violence.
       ``(B) Satisfaction of certification requirement.--An 
     individual may satisfy the certification requirement of 
     subparagraph (A) by providing to the unemployment agency--
       ``(i) a sworn statement of the individual;
       ``(ii) documentation from an employee, agent, or volunteer 
     of a victim services organization (as defined in section 3 of 
     the Security and Financial Empowerment Act), an attorney, a 
     member of the clergy, or a medical or other professional, 
     from whom the individual or the individual's family or 
     household member (as such term is defined in section 3 of the 
     Security and Financial Empowerment Act) has sought assistance 
     in addressing domestic or sexual violence and the effects of 
     that violence;
       ``(iii) a police or court record; or
       ``(iv) other corroborating evidence.
       ``(C) Confidentiality.--All information provided to the 
     unemployment agency pursuant to this paragraph, including a 
     statement of an individual or any other documentation, 
     record, or corroborating evidence, and the fact that an 
     individual has applied for, inquired about, or obtained 
     unemployment compensation available by reason of subsection 
     (a)(19) shall be retained in the strictest confidence by the 
     individual's former or current employer and the unemployment 
     agency, except to the extent that disclosure is--
       ``(i) requested or consented to by the individual in 
     writing; or
       ``(ii) otherwise required by applicable Federal or State 
     law.''.

[[Page S13673]]

       (b) Unemployment Compensation Personnel Training.--Section 
     303(a) of the Social Security Act (42 U.S.C. 503(a)) is 
     amended--
       (1) by redesignating paragraphs (4) through (10) as 
     paragraphs (5) through (11), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Such methods of administration as will ensure that--
       ``(A) applicants for unemployment compensation and 
     individuals inquiring about such compensation are adequately 
     notified of the provisions of subsections (a)(19) and (g) of 
     section 3304 of the Internal Revenue Code of 1986 (relating 
     to the availability of unemployment compensation for victims 
     of domestic or sexual violence); and
       ``(B) claims reviewers and hearing personnel are adequately 
     trained in--
       ``(i) the nature and dynamics of domestic or sexual 
     violence (as defined in section 3306(u) of the Internal 
     Revenue Code of 1986); and
       ``(ii) methods of ascertaining and keeping confidential 
     information about possible experiences of domestic or sexual 
     violence (as so defined) to ensure that--

       ``(I) requests for unemployment compensation based on 
     separations stemming from such violence are reliably 
     screened, identified, and adjudicated; and
       ``(II) full confidentiality is provided for the 
     individual's claim and submitted evidence; and''.

       (c) TANF Personnel Training.--Section 402(a) of the Social 
     Security Act (42 U.S.C. 602(a)) is amended by adding at the 
     end the following new paragraph:
       ``(8) Certification that the state will provide information 
     to victims of domestic and sexual violence.--A certification 
     by the chief officer of the State that the State has 
     established and is enforcing standards and procedures to--
       ``(A) ensure that applicants for assistance under the 
     program and individuals inquiring about such assistance are 
     adequately notified of--
       ``(i) the provisions of subsections (a)(19) and (g) of 
     section 3304 of the Internal Revenue Code of 1986 (relating 
     to the availability of unemployment compensation for victims 
     of domestic or sexual violence); and
       ``(ii) assistance made available by the State to victims of 
     domestic or sexual violence;
       ``(B) ensure that case workers and other agency personnel 
     responsible for administering the State program funded under 
     this part are adequately trained in--
       ``(i) the nature and dynamics of domestic or sexual 
     violence (as defined in section 3306(u) of the Internal 
     Revenue Code of 1986);
       ``(ii) State standards and procedures relating to the 
     prevention of, and assistance for individuals who experience, 
     domestic or sexual violence (as so defined); and
       ``(iii) methods of ascertaining and keeping confidential 
     information about possible experiences of domestic or sexual 
     violence (as so defined);
       ``(C) if a State has elected to establish and enforce 
     standards and procedures regarding the screening for and 
     identification of domestic violence pursuant to paragraph 
     (7), ensure that--
       ``(i) applicants for assistance under the program and 
     individuals inquiring about such assistance are adequately 
     notified of options available under such standards and 
     procedures; and
       ``(ii) case workers and other agency personnel responsible 
     for administering the State program funded under this part 
     are provided with adequate training regarding such standards 
     and procedures and options available under such standards and 
     procedures; and
       ``(D) ensure that the training required under subparagraphs 
     (B) and, if applicable, (C)(ii) is provided through a 
     training program operated by an eligible entity (as defined 
     in section 202(d)(2) of the Security and Financial 
     Empowerment Act).''.
       (d) Domestic and Sexual Violence Training Grant Program.--
       (1) Grants authorized.--The Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') is authorized to award--
       (A) a grant to a national victim services organization in 
     order for such organization to--
       (i) develop and disseminate a model training program (and 
     related materials) for the training required under section 
     303(a)(4)(B) of the Social Security Act (42 U.S.C. 
     503(a)(4)(B)), as added by subsection (b), and under 
     subparagraphs (B) and, if applicable, (C)(ii) of section 
     402(a)(8) of the such Act (42 U.S.C. 602(a)(8)), as added by 
     subsection (c); and
       (ii) provide technical assistance with respect to such 
     model training program; and
       (B) grants to State, tribal, or local agencies in order for 
     such agencies to contract with eligible entities to provide 
     State, tribal, or local case workers and other State, tribal, 
     or local agency personnel responsible for administering the 
     temporary assistance to needy families program established 
     under part A of title IV of the Social Security Act in a 
     State or Indian reservation with the training required under 
     subparagraphs (B) and, if applicable, (C)(ii) of such section 
     402(a)(8).
       (2) Eligible entity defined.--For purposes of paragraph 
     (1)(B), the term ``eligible entity'' means an entity--
       (A) that is--
       (i) a State or tribal domestic violence coalition or sexual 
     assault coalition;
       (ii) a State or local victim services organization with 
     recognized expertise in the dynamics of domestic or sexual 
     violence whose primary mission is to provide services to 
     victims of domestic or sexual violence, such as a rape crisis 
     center or domestic violence program; or
       (iii) an organization with demonstrated expertise in State 
     or county welfare laws and implementation of such laws and 
     experience with disseminating information on such laws and 
     implementation, but only if such organization will provide 
     the required training in partnership with an entity described 
     in clause (i) or (ii); and
       (B) that--
       (i) has demonstrated expertise in both domestic and sexual 
     assault, such as a joint domestic violence and sexual assault 
     coalition; or
       (ii) will provide the required training in partnership with 
     an entity described in clause (i) or (ii) of subparagraph (A) 
     in order to comply with the dual domestic violence and sexual 
     assault expertise requirement under clause (i).
       (3) Application.--An entity seeking a grant under this 
     subsection shall submit an application to the Secretary at 
     such time, in such form and manner, and containing such 
     information as the Secretary specifies.
       (4) Reports.--
       (A) Reports to congress.--The Secretary shall annually 
     submit a report to Congress on the grant program established 
     under this subsection.
       (B) Reports available to public.--The Secretary shall 
     establish procedures for the dissemination to the public of 
     each report submitted under subparagraph (A). Such procedures 
     shall include the use of the Internet to disseminate such 
     reports.
       (5) Authorization of appropriations.--
       (A) Authorization.--There are authorized to be 
     appropriated--
       (i) $1,000,000 for fiscal year 2004 to carry out the 
     provisions of paragraph (1)(A); and
       (ii) $12,000,000 for each of fiscal years 2005 through 2007 
     to carry out the provisions of paragraph (1)(B).
       (B) Three-year availability of grant funds.--Each recipient 
     of a grant under this subsection shall return to the 
     Secretary of Health and Human Services any unused portion of 
     such grant not later than 3 years after the date the grant 
     was awarded, together with any earnings on such unused 
     portion.
       (C) Amounts returned.--Any amounts returned pursuant to 
     subparagraph (B) shall be available without further 
     appropriation to the Secretary of Health and Human Services 
     for the purpose of carrying out the provisions of paragraph 
     (1)(B).
       (e) Definition of Domestic or Sexual Violence.--Section 
     3306 of the Internal Revenue Code of 1986 (relating to 
     definitions) is amended by adding at the end the following:
       ``(u) Domestic or Sexual Violence.--For purposes of this 
     chapter, the term `domestic or sexual violence' means 
     domestic violence, dating violence, sexual assault, or 
     stalking, as those terms are defined in section 3 of the 
     Security and Financial Empowerment Act.''.
       (f) Effective Date.--
       (1) Unemployment amendments.--
       (A) In general.--Except as provided in subparagraph (B) and 
     paragraph (2), the amendments made by this section shall 
     apply in the case of compensation paid for weeks beginning on 
     or after the expiration of 180 days from the date of 
     enactment of this Act.
       (B) Extension of effective date for state law amendment.--
       (i) In general.--If the Secretary of Labor identifies a 
     State as requiring a change to its statutes or regulations in 
     order to comply with the amendments made by this section 
     (excluding the amendment made by subsection (c)), such 
     amendments shall apply in the case of compensation paid for 
     weeks beginning after the earlier of--

       (I) the date the State changes its statutes or regulations 
     in order to comply with such amendments; or
       (II) the end of the first session of the State legislature 
     which begins after the date of enactment of this Act or which 
     began prior to such date and remained in session for at least 
     25 calendar days after such date;

     except that in no case shall such amendments apply before the 
     date that is 180 days after the date of enactment of this 
     Act.
       (ii) Session defined.--In this subparagraph, the term 
     ``session'' means a regular, special, budget, or other 
     session of a State legislature.
       (2) TANF amendment.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendment made by subsection (c) shall take effect on the 
     date of enactment of this Act.
       (B) Extension of effective date for state law amendment.--
     In the case of a State plan under part A of title IV of the 
     Social Security Act which the Secretary of Health and Human 
     Services determines requires State legislation in order for 
     the plan to meet the additional requirements imposed by the 
     amendment made by subsection (c), the State plan shall not be 
     regarded as failing to comply with the requirements of such 
     amendment on the basis of its failure to meet these 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     previous sentence, in the

[[Page S13674]]

     case of a State that has a 2-year legislative session, each 
     year of the session is considered to be a separate regular 
     session of the State legislature.

             TITLE III--VICTIMS' EMPLOYMENT SUSTAINABILITY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Victims' Employment 
     Sustainability Act''.

     SEC. 302. PURPOSES.

       The purposes of this title are, pursuant to the affirmative 
     power of Congress to enact legislation under the portions of 
     section 8 of article I of the Constitution relating to 
     providing for the general welfare and to regulation of 
     commerce among the several States, and under section 5 of the 
     14th amendment to the Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such violence, and participate in 
     criminal and civil justice processes, without fear of adverse 
     economic consequences from their employers;
       (3) to ensure that victims of domestic or sexual violence 
     can recover from and cope with the effects of such violence, 
     and participate in criminal and civil justice processes, 
     without fear of adverse economic consequences with respect to 
     public benefits;
       (4) to promote the purposes of the 14th amendment to the 
     Constitution by preventing sex-based discrimination and 
     discrimination against victims of domestic and sexual 
     violence in employment, by addressing the failure of existing 
     laws to protect the employment rights of victims of domestic 
     or sexual violence, by protecting the civil and economic 
     rights of victims of domestic or sexual violence, and by 
     furthering the equal opportunity of women for economic self-
     sufficiency and employment free from discrimination;
       (5) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, employment, health care costs, and employer 
     costs, caused by domestic or sexual violence, including 
     intentional efforts to frustrate women's ability to 
     participate in employment and interstate commerce; and
       (6) to accomplish the purposes described in paragraphs (1) 
     through (5) by prohibiting employers from discriminating 
     against actual or perceived victims of domestic or sexual 
     violence, in a manner that accommodates the legitimate 
     interests of employers and protects the safety of all persons 
     in the workplace.

     SEC. 303. PROHIBITED DISCRIMINATORY ACTS.

       (a) In General.--An employer shall not fail to hire, refuse 
     to hire, discharge, or harass any individual, or otherwise 
     discriminate against any individual with respect to the 
     compensation, terms, conditions, or privileges of employment 
     of the individual (including retaliation in any form or 
     manner), and a public agency shall not deny, reduce, or 
     terminate the benefits of, otherwise sanction, or harass any 
     individual, or otherwise discriminate against any individual 
     with respect to the amount, terms, or conditions of public 
     assistance of the individual (including retaliation in any 
     form or manner), because--
       (1) the individual involved--
       (A) is or is perceived to be a victim of domestic or sexual 
     violence;
       (B) attended, participated in, prepared for, or requested 
     leave to attend, participate in, or prepare for, a criminal 
     or civil court proceeding relating to an incident of domestic 
     or sexual violence of which the individual, or the family or 
     household member of the individual, was a victim; or
       (C) requested an adjustment to a job structure, workplace 
     facility, or work requirement, including a transfer, 
     reassignment, or modified schedule, leave, a changed 
     telephone number or seating assignment, installation of a 
     lock, or implementation of a safety procedure, in response to 
     actual or threatened domestic or sexual violence, regardless 
     of whether the request was granted; or
       (2) the workplace is disrupted or threatened by the action 
     of a person whom the individual states has committed or 
     threatened to commit domestic or sexual violence against the 
     individual, or the individual's family or household member.
       (b) Definitions.--In this section:
       (1) Discriminate.--The term ``discriminate'', used with 
     respect to the terms, conditions, or privileges of employment 
     or with respect to the terms or conditions of public 
     assistance, includes not making a reasonable accommodation to 
     the known limitations of an otherwise qualified individual--
       (A) who is a victim of domestic or sexual violence;
       (B) who is--
       (i) an applicant or employee of the employer (including a 
     public agency); or
       (ii) an applicant for or recipient of public assistance 
     from the public agency; and
       (C) whose limitations resulted from circumstances relating 
     to being a victim of domestic or sexual violence;
     unless the employer or public agency can demonstrate that the 
     accommodation would impose an undue hardship on the operation 
     of the employer or public agency.
       (2) Qualified individual.--The term ``qualified 
     individual'' means--
       (A) in the case of an applicant or employee described in 
     paragraph (1)(B)(i), an individual who, with or without 
     reasonable accommodation, can perform the essential functions 
     of the employment position that such individual holds or 
     desires; or
       (B) in the case of an applicant or recipient described in 
     paragraph (1)(B)(ii), an individual who, with or without 
     reasonable accommodation, can satisfy the essential 
     requirements of the program providing the public assistance 
     that the individual receives or desires.
       (3) Reasonable accommodation.--The term ``reasonable 
     accommodation'' may include an adjustment to a job structure, 
     workplace facility, or work requirement, including a 
     transfer, reassignment, or modified schedule, leave, a 
     changed telephone number or seating assignment, installation 
     of a lock, or implementation of a safety procedure, in 
     response to actual or threatened domestic or sexual violence.
       (4) Undue hardship.--
       (A) In general.--The term ``undue hardship'' means an 
     action requiring significant difficulty or expense, when 
     considered in light of the factors set forth in subparagraph 
     (B).
       (B) Factors to be considered.--In determining whether a 
     reasonable accommodation would impose an undue hardship on 
     the operation of an employer or public agency, factors to be 
     considered include--
       (i) the nature and cost of the reasonable accommodation 
     needed under this section;
       (ii) the overall financial resources of the facility 
     involved in the provision of the reasonable accommodation, 
     the number of persons employed at such facility, the effect 
     on expenses and resources, or the impact otherwise of such 
     accommodation on the operation of the facility;
       (iii) the overall financial resources of the employer or 
     public agency, the overall size of the business of an 
     employer or public agency with respect to the number of 
     employees of the employer or public agency, and the number, 
     type, and location of the facilities of an employer or public 
     agency; and
       (iv) the type of operation of the employer or public 
     agency, including the composition, structure, and functions 
     of the workforce of the employer or public agency, the 
     geographic separateness of the facility from the employer or 
     public agency, and the administrative or fiscal relationship 
     of the facility to the employer or public agency.

     SEC. 304. ENFORCEMENT.

       (a) Civil Action by Individuals.--
       (1) Liability.--Any employer or public agency that violates 
     section 303 shall be liable to any individual affected for--
       (A) damages equal to the amount of wages, salary, 
     employment benefits, public assistance, or other compensation 
     denied or lost to such individual by reason of the violation, 
     and the interest on that amount calculated at the prevailing 
     rate;
       (B) compensatory damages, including damages for future 
     pecuniary losses, emotional pain, suffering, inconvenience, 
     mental anguish, loss of enjoyment or life, and other 
     nonpecuniary losses;
       (C) such punitive damages, up to 3 times the amount of 
     actual damages sustained, as the court described in paragraph 
     (2) shall determine to be appropriate; and
       (D) such equitable relief as may be appropriate, including 
     employment, reinstatement, and promotion.
       (2) Right of action.--An action to recover the damages or 
     equitable relief prescribed in paragraph (1) may be 
     maintained against any employer or public agency in any 
     Federal or State court of competent jurisdiction by any 1 or 
     more individuals described in section 303.
       (b) Action by Department of Justice.--The Attorney General 
     may bring a civil action in any Federal or State court of 
     competent jurisdiction to recover the damages or equitable 
     relief described in subsection (a)(1).

     SEC. 305. ATTORNEY'S FEES.

       Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) 
     is amended by inserting ``the Victims' Employment 
     Sustainability Act,'' after ``title VI of the Civil Rights 
     Act of 1964,''.

            TITLE IV--VICTIMS OF ABUSE INSURANCE PROTECTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Victims of Abuse Insurance 
     Protection Act''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
     more of the following acts by a current or former household 
     or family member, intimate partner, or caretaker:
       (A) Attempting to cause or causing another person bodily 
     injury, physical harm, substantial emotional distress, 
     psychological trauma, rape, sexual assault, or involuntary 
     sexual intercourse.
       (B) Engaging in a course of conduct or repeatedly 
     committing acts toward another person, including following 
     the person without proper authority and under circumstances 
     that place the person in reasonable fear of bodily injury or 
     physical harm.
       (C) Subjecting another person to false imprisonment or 
     kidnapping.
       (D) Attempting to cause or causing damage to property so as 
     to intimidate or attempt to control the behavior of another 
     person.

[[Page S13675]]

       (2) Health carrier.--The term ``health carrier'' means a 
     person that contracts or offers to contract on a risk-
     assuming basis to provide, deliver, arrange for, pay for, or 
     reimburse any of the cost of health care services, including 
     a sickness and accident insurance company, a health 
     maintenance organization, a nonprofit hospital and health 
     service corporation or any other entity providing a plan of 
     health insurance, health benefits or health services.
       (3) Insured.--The term ``insured'' means a party named on a 
     policy, certificate, or health benefit plan, including an 
     individual, corporation, partnership, association, 
     unincorporated organization, or any similar entity, as the 
     person with legal rights to the benefits provided by the 
     policy, certificate, or health benefit plan. For group 
     insurance, such term includes a person who is a beneficiary 
     covered by a group policy, certificate, or health benefit 
     plan. For life insurance, the term refers to the person whose 
     life is covered under an insurance policy.
       (4) Insurer.--The term ``insurer'' means any person, 
     reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
     benefit society, or other legal entity engaged in the 
     business of insurance, including agents, brokers, adjusters, 
     and third-party administrators; and employers who provide or 
     make available employment benefits through an employee 
     benefit plan, as defined in section 3(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 102(3)). 
     The term also includes health carriers, health benefit plans, 
     and life, disability, and property and casualty insurers.
       (5) Policy.--The term ``policy'' means a contract of 
     insurance, certificate, indemnity, suretyship, or annuity 
     issued, proposed for issuance or intended for issuance by an 
     insurer, including endorsements or riders to an insurance 
     policy or contract.
       (6) Subject of abuse.--The term ``subject of abuse'' 
     means--
       (A) a person against whom an act of abuse has been 
     directed;
       (B) a person who has prior or current injuries, illnesses, 
     or disorders that resulted from abuse; or
       (C) a person who seeks, may have sought, or had reason to 
     seek medical or psychological treatment for abuse, 
     protection, court-ordered protection, or shelter from abuse.

     SEC. 403. DISCRIMINATORY ACTS PROHIBITED.

       (a) In General.--No insurer may, directly or indirectly, 
     engage in any of the following acts or practices on the basis 
     that the applicant or insured, or any person employed by the 
     applicant or insured or with whom the applicant or insured is 
     known to have a relationship or association, is, has been, or 
     may be the subject of abuse or has incurred or may incur 
     abuse-related claims:
       (1) Denying, refusing to issue, renew or reissue, or 
     canceling or otherwise terminating an insurance policy or 
     health benefit plan.
       (2) Restricting, excluding, or limiting insurance coverage 
     for losses or denying a claim, except as otherwise permitted 
     or required by State laws relating to life insurance 
     beneficiaries.
       (3) Adding a premium differential to any insurance policy 
     or health benefit plan.
       (b) Prohibition on Limitation of Claims.--No insurer may, 
     directly or indirectly, deny or limit payment of a claim 
     incurred by an innocent insured as a result of abuse.
       (c) Prohibition on Termination.--
       (1) In general.--No insurer or health carrier may terminate 
     health coverage for a subject of abuse because coverage was 
     originally issued in the name of the abuser and the abuser 
     has divorced, separated from, or lost custody of the subject 
     of abuse or the abuser's coverage has terminated voluntarily 
     or involuntarily and the subject of abuse does not qualify 
     for an extension of coverage under part 6 of subtitle B of 
     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.) or section 4980B of the 
     Internal Revenue Code of 1986.
       (2) Payment of premiums.--Nothing in paragraph (1) shall be 
     construed to prohibit the insurer from requiring that the 
     subject of abuse pay the full premium for the subject's 
     coverage under the health plan if the requirements are 
     applied to all insured of the health carrier.
       (3) Exception.--An insurer may terminate group coverage to 
     which this subsection applies after the continuation coverage 
     period required by this subsection has been in force for 18 
     months if it offers conversion to an equivalent individual 
     plan.
       (4) Continuation coverage.--The continuation of health 
     coverage required by this subsection shall be satisfied by 
     any extension of coverage under part 6 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue 
     Code of 1986 provided to a subject of abuse and is not 
     intended to be in addition to any extension of coverage 
     otherwise provided for under such part 6 or section 4980B.
       (d) Use of Information.--
       (1) Limitation.--
       (A) In general.--In order to protect the safety and privacy 
     of subjects of abuse, no person employed by or contracting 
     with an insurer or health benefit plan may--
       (i) use, disclose, or transfer information relating to 
     abuse status, acts of abuse, abuse-related medical conditions 
     or the applicant's or insured's status as a family member, 
     employer, associate, or person in a relationship with a 
     subject of abuse for any purpose unrelated to the direct 
     provision of health care services unless such use, 
     disclosure, or transfer is required by an order of an entity 
     with authority to regulate insurance or an order of a court 
     of competent jurisdiction; or
       (ii) disclose or transfer information relating to an 
     applicant's or insured's mailing address or telephone number 
     or the mailing address and telephone number of a shelter for 
     subjects of abuse, unless such disclosure or transfer--

       (I) is required in order to provide insurance coverage; and
       (II) does not have the potential to endanger the safety of 
     a subject of abuse.

       (B) Rule of construction.--Nothing in this paragraph may be 
     construed to limit or preclude a subject of abuse from 
     obtaining the subject's own insurance records from an 
     insurer.
       (2) Authority of subject of abuse.--A subject of abuse, at 
     the absolute discretion of the subject of abuse, may provide 
     evidence of abuse to an insurer for the limited purpose of 
     facilitating treatment of an abuse-related condition or 
     demonstrating that a condition is abuse-related. Nothing in 
     this paragraph shall be construed as authorizing an insurer 
     or health carrier to disregard such provided evidence.

     SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

       Insurers shall develop and adhere to written policies 
     specifying procedures to be followed by employees, 
     contractors, producers, agents, and brokers for the purpose 
     of protecting the safety and privacy of a subject of abuse 
     and otherwise implementing this title when taking an 
     application, investigating a claim, or taking any other 
     action relating to a policy or claim involving a subject of 
     abuse.

     SEC. 405. REASONS FOR ADVERSE ACTIONS.

       An insurer that takes an action that adversely affects a 
     subject of abuse, shall advise the subject of abuse applicant 
     or insured of the specific reasons for the action in writing. 
     For purposes of this section, reference to general 
     underwriting practices or guidelines shall not constitute a 
     specific reason.

     SEC. 406. LIFE INSURANCE.

       Nothing in this title shall be construed to prohibit a life 
     insurer from declining to issue a life insurance policy if 
     the applicant or prospective owner of the policy is or would 
     be designated as a beneficiary of the policy, and if--
       (1) the applicant or prospective owner of the policy lacks 
     an insurable interest in the insured; or
       (2) the applicant or prospective owner of the policy is 
     known, on the basis of police or court records, to have 
     committed an act of abuse against the proposed insured.

     SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED.

       Subrogation of claims resulting from abuse is prohibited 
     without the informed consent of the subject of abuse.

     SEC. 408. ENFORCEMENT.

       (a) Federal Trade Commission.--
       (1) In general.--The Federal Trade Commission shall have 
     the power to examine and investigate any insurer to determine 
     whether such insurer has been or is engaged in any act or 
     practice prohibited by this title.
       (2) Cease and desist orders.--If the Federal Trade 
     Commission determines an insurer has been or is engaged in 
     any act or practice prohibited by this title, the Commission 
     may take action against such insurer by the issuance of a 
     cease and desist order as if the insurer was in violation of 
     section 5 of the Federal Trade Commission Act. Such cease and 
     desist order may include any individual relief warranted 
     under the circumstances, including temporary, preliminary, 
     and permanent injunctive and compensatory relief.
       (b) Private Cause of Action.--
       (1) In general.--An applicant or insured who believes that 
     the applicant or insured has been adversely affected by an 
     act or practice of an insurer in violation of this title may 
     maintain an action against the insurer in a Federal or State 
     court of original jurisdiction.
       (2) Relief.--Upon proof of such conduct by a preponderance 
     of the evidence in an action described in paragraph (1), the 
     court may award appropriate relief, including temporary, 
     preliminary, and permanent injunctive relief and compensatory 
     and punitive damages, as well as the costs of suit and 
     reasonable fees for the aggrieved individual's attorneys and 
     expert witnesses.
       (3) Statutory damages.--With respect to compensatory 
     damages in an action described in paragraph (1), the 
     aggrieved individual may elect, at any time prior to the 
     rendering of final judgment, to recover in lieu of actual 
     damages, an award of statutory damages in the amount of 
     $5,000 for each violation.

     SEC. 409. EFFECTIVE DATE.

       This title shall apply with respect to any action taken on 
     or after the date of enactment of this Act.

              TITLE V--WORKPLACE SAFETY PROGRAM TAX CREDIT

     SEC. 501. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING 
                   WORKPLACE SAFETY PROGRAMS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business related credits) is amended by adding at the end the 
     following:

     ``SEC. 45G. WORKPLACE SAFETY PROGRAM CREDIT.

       ``(a) In General.--For purposes of section 38, the 
     workplace safety program credit determined under this section 
     for the taxable

[[Page S13676]]

     year is, for any employer, an amount equal to 40 percent of 
     the domestic and sexual violence safety and education costs 
     paid or incurred by such employer during the taxable year.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Domestic and sexual violence safety and education 
     cost.--
       ``(A) In general.--The term `domestic and sexual violence 
     safety and education cost' means any cost certified by the 
     Secretary of Labor to the Secretary as being for the purpose 
     of--
       ``(i) ensuring the safety of employees from domestic or 
     sexual violence,
       ``(ii) providing assistance to employees and the spouses 
     and dependents of employees with respect to domestic or 
     sexual violence,
       ``(iii) providing legal or medical services to employees 
     and the spouses and dependents of employees subjected to, or 
     at risk from, domestic or sexual violence,
       ``(iv) educating employees about the issue of domestic or 
     sexual violence, or
       ``(v) implementing human resource or personnel policies 
     initiated to protect employees from domestic or sexual 
     violence or to support employees who have been victims of 
     domestic or sexual violence.
       ``(B) Types of costs.--Such term includes costs certified 
     by the Secretary of Labor to the Secretary as being for the 
     purpose of--
       ``(i) the hiring of new security personnel in order to 
     address domestic or sexual violence,
       ``(ii) the creation of buddy systems or escort systems for 
     walking employees to parking lots, parked cars, subway 
     stations, or bus stops, in order to address domestic or 
     sexual violence,
       ``(iii) the purchase or installation of new security 
     equipment, including surveillance equipment, lighting 
     fixtures, cardkey access systems, and identification systems, 
     in order to address domestic or sexual violence,
       ``(iv) the establishment of an employee assistance line or 
     other employee assistance services, in order to address 
     domestic or sexual violence, for the use of individual 
     employees, including counseling or referral services 
     undertaken in consultation and coordination with national, 
     State, or local domestic violence coalitions, sexual assault 
     coalitions, domestic violence programs, or sexual assault 
     programs,
       ``(v) the retention of an attorney to provide legal 
     services to employees seeking restraining orders or other 
     legal recourse from domestic or sexual violence,
       ``(vi) the establishment of medical services addressing the 
     medical needs of employees who are victims of domestic or 
     sexual violence,
       ``(vii) the retention of a financial expert or an 
     accountant to provide financial counseling to employees 
     seeking to escape from domestic or sexual violence,
       ``(viii) the establishment of an education program for 
     employees, consisting of seminars or training sessions about 
     domestic or sexual violence undertaken in consultation and 
     coordination with national, State, or local domestic violence 
     coalitions, sexual assault coalitions, domestic violence 
     programs, or sexual assault programs,
       ``(ix) studies of the cost, impact, or extent of domestic 
     or sexual violence at the employer's place of business, if 
     such studies are made available to the public and protect the 
     identity of employees included in the study,
       ``(x) the publication of a regularly disseminated 
     newsletter or other regularly disseminated educational 
     materials about domestic or sexual violence,
       ``(xi) the implementation of leave policies for the purpose 
     of allowing or accommodating the needs of victims of domestic 
     or sexual violence to pursue counseling, legal assistance, or 
     safety planning, including leave from work to attend meetings 
     with attorneys, to give evidentiary statements or 
     depositions, and to attend hearings or trials in court,
       ``(xii) the implementation of flexible work policies for 
     the purpose of allowing or accommodating the needs of 
     employees who are victims of domestic or sexual violence, or 
     employees at risk with respect to such crimes, to avoid 
     assailants,
       ``(xiii) the implementation of transfer policies for the 
     purpose of allowing or accommodating the needs of employees 
     subjected to domestic or sexual violence to change office 
     locations within the company in order to avoid assailants or 
     to allow the transfer of an employee who has perpetrated 
     domestic or sexual violence in order to protect the victim, 
     including payment of costs for the transfer and relocation of 
     an employee to another city, county, State, or country for 
     the purpose of maintaining an employee's safety from domestic 
     or sexual violence, or
       ``(xiv) the provision of any of the services described in 
     clauses (iv) through (viii) to the spouses or dependents of 
     employees.
       ``(C) Notification of possible tax consequences.--In no 
     event shall any cost for goods or services which may be 
     included in the income of any employee receiving or 
     benefiting from such goods or services be treated as a 
     domestic and sexual violence safety and education cost unless 
     the employer notifies the employee in writing of the 
     possibility of such inclusion.
       ``(2) Domestic or sexual violence.--The term `domestic or 
     sexual violence' means domestic violence, dating violence, 
     sexual assault, or stalking, as those terms are defined in 
     section 3 of the Security and Financial Empowerment Act.
       ``(3) Domestic violence coalition; sexual assault 
     coalition.--The terms `domestic violence coalition' and 
     `sexual assault coalition' have the meanings given the terms 
     in section 3 of the Security and Financial Empowerment Act.
       ``(4) Employee.--The term `employee' means a person who is 
     an employee, as defined in section 3(9) of the Security and 
     Financial Empowerment Act, except that the person may be 
     employed by any employer described in paragraph (5).
       ``(5) Employer.--The term `employer' means a person who is 
     an employer, as defined in section 3(10) of such Act, 
     determined without regard to the number of individuals 
     employed.
       ``(c) Coordination With Other Provisions.--No credit or 
     deduction shall be allowed under any other provision of this 
     title for any amount for which a credit is allowed under this 
     section.''.
       (b) Treatment as General Business Credit.--
       (1) In general.--Subsection (b) of section 38 of the 
     Internal Revenue Code of 1986 (relating to general business 
     credit) is amended by striking ``plus'' at the end of 
     paragraph (14), by striking the period at the end of 
     paragraph (15) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(16) the workplace safety program credit determined under 
     section 45G.''.
       (2) Transitional rule for carrybacks.--Subsection (d) of 
     section 39 of such Code (relating to transitional rules) is 
     amended by adding at the end the following:
       ``(11) No carryback of section 45g credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the workplace safety 
     program credit determined under section 45G may be carried 
     back to a taxable year beginning before January 1, 2004.''.
       (3) Deduction for unused credits.--Subsection (c) of 
     section 196 of such Code (relating to deduction for certain 
     unused business credits) is amended by striking ``and'' at 
     the end of paragraph (9), by striking the period at the end 
     of paragraph (10) and inserting ``, and'', and by adding at 
     the end the following:
       ``(11) the workplace safety program credit determined under 
     section 45G.''.
       (c) Credit Not a Defense in Legal Actions.--The allowance 
     of a credit under section 45G of the Internal Revenue Code of 
     1986 (as added by this section) shall not absolve employers 
     of their responsibilities under any other law and shall not 
     be construed as a defense to any legal action (other than 
     legal action by the Secretary of the Treasury under such 
     Code).
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

``Sec. 45G. Workplace safety program credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.

TITLE VI--NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
                            WORKPLACE GRANT

     SEC. 601. NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL 
                   VIOLENCE IN THE WORKPLACE GRANT.

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

[[Page S13677]]

       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000 for 
     each of fiscal years 2004 through 2008.

                        TITLE VII--SEVERABILITY

     SEC. 701. SEVERABILITY.

       If any provision of this Act, any amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of the provisions of this Act, the amendments made 
     by this Act, and the application of such provisions or 
     amendments to any person or circumstance shall not be 
     affected.
                                 ______