[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2670
To promote the economic security and safety of victims of domestic and
sexual violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2001
Ms. Roybal-Allard (for herself, Mrs. Maloney of New York, Mr. Stark,
Mrs. Thurman, Mr. George Miller of California, Mr. McGovern, Mr.
Cummings, Mr. Frost, Ms. Norton, Mr. Peterson of Minnesota, Mr. Jackson
of Illinois, Ms. Baldwin, Mr. Sanders, Mr. Kildee, Mr. Lantos, Mr.
Pallone, Mrs. Mink of Hawaii, Ms. Lee, Mr. Sandlin, Mr. Gutierrez, Ms.
Eshoo, Mr. McNulty, Mr. Kucinich, Mr. Owens, Mr. Bonior, Mr. Nadler,
Ms. Carson of Indiana, Mr. Honda, Mr. Frank, Ms. Millender-McDonald,
Ms. Harman, Mr. Engel, Mr. Conyers, Mr. Boucher, Ms. Solis, Mr. Holden,
Mr. Davis of Illinois, Mr. Hinchey, Mr. Rush, Mr. DeFazio, Ms. Waters,
Ms. Woolsey, Ms. Jackson-Lee of Texas, Mrs. Clayton, Mr. Abercrombie,
Mrs. Capps, Ms. DeGette, Mr. Shays, Mr. Waxman, Mr. Becerra, Mr.
Lampson, Ms. McCollum, Mr. Hall of Texas, Mr. Ford, Mr. Sherman, Mr.
Reyes, Mr. Rodriguez, Mr. Ortiz, Mr. Pastor, Mr. Serrano, Ms.
Velazquez, Mr. Hinojosa, Ms. Sanchez, Mr. Gonzalez, Mrs. Napolitano,
Mr. Baca, Ms. Pelosi, Mr. Clyburn, Mrs. Meek of Florida, Ms. Kaptur,
Mr. Farr of California, Mr. Moran of Virginia, Mr. LaFalce, Ms. Hooley
of Oregon, Mr. Gilman, Mr. Crowley, Mrs. Tauscher, Ms. Eddie Bernice
Johnson of Texas, Ms. Watson of California, Mr. Matsui, Ms. DeLauro,
Ms. Slaughter, Ms. Berkley, Ms. Brown of Florida, Mrs. Christensen, Ms.
Lofgren, Mrs. McCarthy of New York, Mrs. Jones of Ohio, Ms. Rivers, Ms.
Schakowsky, Mr. Wu, Mr. Berman, Ms. McCarthy of Missouri, Ms.
Kilpatrick, Ms. McKinney, Mrs. Davis of California, Mrs. Lowey, Mr.
Evans, Mr. Green of Texas, Mr. Moore, Mr. Rangel, Mr. Snyder, Mr.
Thompson of California, Mr. Hastings of Florida, Mr. Acevedo-Vila, Mr.
Underwood, and Mr. Scott) introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in
addition to the Committees on Ways and Means, and Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To promote the economic security and safety of victims of domestic and
sexual violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Victims' Economic
Security and Safety 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 recent government surveys, from 1993
through 1998 the average annual number of violent
victimizations committed by intimate partners was 1,082,110, 87
percent of which were committed 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.
(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. Approximately 11 percent of all rapes occur
in the workplace. About 50,500 individuals, 83 percent of whom
are women, were raped or sexually assaulted in the workplace
each year from 1992 through 1996. 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.
(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) 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.
(16) More than \1/4\ of stalking victims report losing time
from work due to the stalking and 7 percent never return to
work.
(17)(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).
(18) 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.
(19) 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. Other reports have estimated that domestic
violence costs United States employers $13,000,000,000
annually.
(20) United States medical costs for domestic violence have
been estimated to be $31,000,000,000 per year.
(21) Surveys of business executives and corporate security
directors also underscore the heavy toll that workplace
violence takes on women, businesses, and interstate commerce in
the United States.
(22) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high security concern.
(23) 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.
(24) Only 16 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.
(25) Only 2 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.
(26) No States prohibit employment discrimination against
victims of domestic violence, sexual assault, or stalking. New
York City is the only jurisdiction with a law prohibiting
employment discrimination against actual or perceived victims
of domestic violence.
(27) 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.
(28) 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; or
(C) prohibit employment discrimination against
actual or perceived victims of domestic violence,
dating violence, sexual assault, or stalking.
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) Parent; son or daughter.--The terms ``parent'' and
``son or daughter'' have the meanings given the terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
(13) Person.--The term ``person'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(14) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
(15) Public assistance.--The term ``public assistance''
includes cash, food stamps, medical assistance, housing
assistance, and other benefits provided on the basis of income
by a public agency.
(16) Reduced leave schedule.--The term ``reduced leave
schedule'' means a leave schedule that reduces the usual number
of hours per workweek, or hours per workday, of an employee.
(17) Repeatedly.--The term ``repeatedly'' means on 2 or
more occasions.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(19) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 826 of the Higher Education
Amendments of 1998 (20 U.S.C. 1152).
(20) Sexual assault coalition.--The term ``sexual assault
coalition'' means a nonprofit, nongovernmental membership
organization that--
(A) consists of the entities carrying out a
majority of the sexual assault programs carried out
within a State;
(B) collaborates and coordinates activities with
Federal, State, and local entities to further the
purposes of sexual assault intervention and prevention;
and
(C) among other activities, provides training and
technical assistance to entities carrying out sexual
assault programs within a State, territory, political
subdivision, or area under Federal authority.
(21) Stalking.--The term ``stalking'' 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.
(22) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic or
sexual violence or to advocates for such victims, including a
rape crisis center, an organization carrying out a domestic
violence program, an organization operating a shelter or
providing counseling services, or an organization providing
assistance through the legal process.
TITLE I--ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE
SEC. 101. PURPOSES.
The purposes of this title are, pursuant to the affirmative power
of Congress to enact legislation under the portions of section 8 of
article I of the Constitution relating to providing for the general
welfare and to regulation of commerce among the several States, and
under section 5 of the 14th amendment to the Constitution--
(1) to promote the national interest in reducing domestic
violence, dating violence, sexual assault, and stalking by
enabling victims of domestic or sexual violence to maintain the
financial independence necessary to leave abusive situations,
achieve safety, and minimize the physical and emotional
injuries from domestic or sexual violence, and to reduce the
devastating economic consequences of domestic or sexual
violence to employers and employees;
(2) to promote the national interest in ensuring that
victims of domestic or sexual violence can recover from and
cope with the effects of such violence, and participate in
criminal and civil justice processes, without fear of adverse
economic consequences from their employers;
(3) to ensure that victims of domestic or sexual violence
can recover from and cope with the effects of such violence,
and participate in criminal and civil justice processes,
without fear of adverse economic consequences with respect to
public benefits;
(4) to promote the purposes of the 14th amendment by
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--
(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;
(B) obtaining services from a victim services
organization;
(C) obtaining psychological or other counseling for
the employee or the employee's parent or son or
daughter;
(D) participating in safety planning, temporarily
or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
parent or son or daughter 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
parent or son or daughter, 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, within a reasonable
period after the employer requires the certification, that--
(A) the employee is a victim of domestic or sexual
violence; and
(B) the leave is for 1 of the purposes enumerated
in subsection (a)(1).
(2) Contents.--An employee may satisfy the certification
requirement of paragraph (1) by providing to the employer--
(A) a sworn statement of the employee;
(B) documentation from an employee, agent, or
volunteer of a victim services organization, an
attorney, a member of the clergy, or a medical or other
professional, from whom the employee 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; or
(2) otherwise required by applicable Federal or State law.
(e) Employment and Benefits.--
(1) Restoration to position.--
(A) In general.--Except as provided in paragraph
(2), any employee who takes leave under this section
for the intended purpose of the leave shall be
entitled, on return from such leave--
(i) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
(ii) to be restored to an equivalent
position with equivalent employment benefits,
pay, and other terms and conditions of
employment.
(B) Loss of benefits.--The taking of leave under
this section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations.--Nothing in this subsection shall
be construed to entitle any restored employee to--
(i) the accrual of any seniority or
employment benefits during any period of leave;
or
(ii) any right, benefit, or position of
employment other than any right, benefit, or
position to which the employee would have been
entitled had the employee not taken the leave.
(D) Construction.--Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Exemption concerning certain highly compensated
employees.--
(A) Denial of restoration.--An employer may deny
restoration under paragraph (1) to any employee
described in subparagraph (B) if--
(i) such denial is necessary to prevent
substantial and grievous economic injury to the
operations of the employer;
(ii) the employer notifies the employee of
the intent of the employer to deny restoration
on such basis at the time the employer
determines that such injury would occur; and
(iii) in any case in which the leave has
commenced, the employee elects not to return to
employment after receiving such notice.
(B) Affected employees.--An employee referred to in
subparagraph (A) is a salaried employee who is among
the highest paid 10 percent of the employees employed
by the employer within 75 miles of the facility at
which the employee is employed.
(3) Maintenance of health benefits.--
(A) Coverage.--Except as provided in subparagraph
(B), during any period that an employee takes leave
under this section, the employer shall maintain
coverage under any group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of
1986) for the duration of such leave at the level and
under the conditions coverage would have been provided
if the employee had continued in employment
continuously for the duration of such leave.
(B) Failure to return from leave.--The employer may
recover the premium that the employer paid for
maintaining coverage for the employee under such group
health plan during any period of leave under this
section if--
(i) the employee fails to return from leave
under this section after the period of leave to
which the employee is entitled has expired; and
(ii) the employee fails to return to work
for a reason other than--
(I) the continuation, recurrence,
or onset of domestic or sexual
violence, that entitles the employee to
leave pursuant to this section; or
(II) other circumstances beyond the
control of the employee.
(C) Certification.--
(i) Issuance.--An employer may require an
employee who claims that the employee is unable
to return to work because of a reason described
in subclause (I) or (II) of subparagraph
(B)(ii) to provide, within a reasonable period
after making the claim, certification to the
employer that the employee is unable to return
to work because of that reason.
(ii) Contents.--An employee may satisfy the
certification requirement of clause (i) by
providing to the employer--
(I) a sworn statement of the
employee;
(II) documentation from an
employee, agent, or volunteer of a
victim services organization, an
attorney, a member of the clergy, or a
medical or other professional, from
whom the employee has sought assistance
in addressing domestic or sexual
violence and the effects of that
violence;
(III) a police or court record; or
(IV) other corroborating evidence.
(D) Confidentiality.--All information provided to
the employer pursuant to subparagraph (C), including a
statement of the employee or any other documentation,
record, or corroborating evidence, and the fact that
the employee is not returning to work because of a
reason described in subclause (I) or (II) of
subparagraph (B)(ii) shall be retained in the strictest
confidence by the employer, except to the extent that
disclosure is--
(i) requested or consented to by the
employee; or
(ii) otherwise required by applicable
Federal or State law.
(f) Prohibited Acts.--
(1) Interference with rights.--
(A) Exercise of rights.--It shall be unlawful for
any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise, any right
provided under this section.
(B) Employer discrimination.--It shall be unlawful
for any employer to discharge or harass any individual,
or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or
privileges of employment of the individual (including
retaliation in any form or manner) because the
individual--
(i) exercised any right provided under this
section; or
(ii) opposed any practice made unlawful by
this section.
(C) Public agency sanctions.--It shall be unlawful
for any public agency to deny, reduce, or terminate the
benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any
individual with respect to the amount, terms, or
conditions of public assistance of the individual
(including retaliation in any form or manner) because
the individual--
(i) exercised any right provided under this
section; or
(ii) opposed any practice made unlawful by
this section.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate (as described in subparagraph (B) or (C) of
paragraph (1)) against any individual because such individual--
(A) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this section;
(B) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this section; or
(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this section.
(g) Enforcement.--
(1) Civil action by affected individuals.--
(A) Liability.--Any employer or public agency that
violates subsection (f) shall be liable to any
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, public
assistance, or other
compensation denied or lost to
such individual by reason of
the violation; or
(bb) in a case in which
wages, salary, employment
benefits, public assistance, or
other compensation has not been
denied or lost to the
individual, any actual monetary
losses sustained by the
individual as a direct result
of the violation;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(II), except that if an employer or
public agency that has violated
subsection (f) proves to the
satisfaction of the court that the act
or omission that violated subsection
(f) was in good faith and that the
employer or public agency had
reasonable grounds for believing that
the act or omission was not a violation
of subsection (f), such court may, in
the discretion of the court, reduce the
amount of the liability to the amount
and interest determined under
subclauses (I) and (II), respectively;
and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(B) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(A) may be maintained against any employer or public
agency in any Federal or State court of competent
jurisdiction by any 1 or more affected individuals for
and on behalf of--
(i) the individuals; or
(ii) the individuals and other individuals
similarly situated.
(C) Fees and costs.--The court in such an action
shall, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
(D) Limitations.--The right provided by
subparagraph (B) to bring an action by or on behalf of
any affected individual shall terminate--
(i) on the filing of a complaint by the
Secretary in an action under paragraph (4) in
which restraint is sought of any further delay
in the payment of the amount described in
subparagraph (A)(i) to such individual by an
employer or public agency responsible under
subparagraph (A) for the payment; or
(ii) on the filing of a complaint by the
Secretary in an action under paragraph (2) in
which a recovery is sought of the damages
described in subparagraph (A)(i) owing to an
affected individual by an employer or public
agency liable under subparagraph (A),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary.
(2) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of subsection (f) in the same manner as
the Secretary receives, investigates, and attempts to
resolve complaints of violations of sections 6 and 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and
207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (1)(A)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each individual affected.
Any such sums not paid to such an individual because of
inability to do so within a period of 3 years shall be
deposited into the Treasury of the United States as
miscellaneous receipts.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under this subsection not
later than 2 years after the date of the last event
constituting the alleged violation for which the action
is brought.
(B) Willful violation.--In the case of such action
brought for a willful violation of subsection (f), such
action may be brought within 3 years after the date of
the last event constituting the alleged violation for
which such action is brought.
(C) Commencement.--In determining when an action is
commenced by the Secretary under this subsection for
the purposes of this paragraph, it shall be considered
to be commenced on the date when the complaint is
filed.
(4) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of subsection (f),
including the restraint of any withholding of payment
of wages, salary, employment benefits, public
assistance, or other compensation, plus interest, found
by the court to be due to affected individuals; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(5) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
this subsection.
(6) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer or public agency to an individual, for harm suffered
relating to the individual's experience of domestic or sexual
violence, pursuant to any other Federal or State law, including
a law providing for a legal remedy.
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR SEXUAL
VIOLENCE.
An employee who is entitled to take paid or unpaid leave (including
family, medical, sick, annual, personal, or similar leave) from
employment, pursuant to State or local law, a collective bargaining
agreement, or an employment benefits program or plan, may elect to
substitute any period of such leave for an equivalent period of leave
provided under section 102.
SEC. 104. EMERGENCY BENEFITS.
(a) In General.--A State may use funds provided to the State under
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)
to provide nonrecurrent short-term emergency benefits to an individual
for any period of leave the individual takes pursuant to section 102.
(b) Eligibility.--In calculating the eligibility of an individual
for such emergency benefits, the State shall count only the cash
available or accessible to the individual.
(c) Timing.--
(1) Applications.--An individual seeking emergency benefits
under subsection (a) from a State shall submit an application
to the State.
(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than 7 days after the applicant submits an
application under paragraph (1).
(d) Conforming Amendment.--Section 404 of the Social Security Act
(42 U.S.C. 604) is amended by adding at the end the following:
``(l) Authority To Provide Emergency Benefits.--A State that
receives a grant under section 403 may use the grant to provide
nonrecurrent short-term emergency benefits, in accordance with section
104 of the Victims' Economic Security and Safety Act, to individuals
who take leave pursuant to section 102 of that Act, without regard to
whether the individuals receive assistance under the State program
funded under this part.''.
SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
(a) More Protective Laws, Agreements, Programs, and Plans.--Nothing
in this title shall be construed to supersede any provision of any
Federal, State, or local law, collective bargaining agreement, or
employment benefits program or plan that provides--
(1) greater leave benefits for victims of domestic or
sexual violence than the rights established under this title;
or
(2) leave benefits for a larger population of victims of
domestic or sexual violence (as defined in such law, agreement,
program, or plan) than the victims of domestic or sexual
violence covered under this title.
(b) Less Protective Laws, Agreements, Programs, and Plans.--The
rights established for victims of domestic or sexual violence under
this title shall not be diminished by any State or local law,
collective bargaining agreement, or employment benefits program or
plan.
SEC. 106. CONFORMING AMENDMENT.
Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42
U.S.C. 2000d-7(a)(1)) is amended by inserting ``title I or III of the
Victims' Economic Security and Safety 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--
(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; and
(4) to accomplish the purposes described in paragraphs (1),
(2), and (3) 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 parent, son, or daughter
(as such terms are defined in section 3 of the Victims'
Economic Security and Safety Act);
``(C) the individual's need to obtain treatment to
address the physical or psychological effects of
domestic or sexual violence;
``(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 parent, son, or daughter (as such
terms are so defined), including leave authorized by
section 102 of the Family and Medical Leave Act of 1993
or by title I of the Victims' Economic Security and
Safety 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
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.
``(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
Victims' Economic Security and Safety 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.
``(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 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
Victims' Economic Security and Safety Act), an
attorney, a member of the clergy, or a medical
or other professional, from whom the individual
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; or
``(ii) otherwise required by applicable
Federal or State law.''.
(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
Victims' Economic Security and Safety 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 2002 to
carry out the provisions of paragraph (1)(A);
and
(ii) $12,000,000 for each of fiscal years
2002 through 2004 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 Victims' Economic Security and Safety 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 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 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 son or daughter or parent 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 son or daughter or parent.
(b) Definitions.--In this section:
(1) Discriminate.--The term ``discriminate'', used with
respect to the terms, conditions, or privileges of employment
or with respect to the terms or conditions of public
assistance, includes not making a reasonable accommodation to
the known limitations of an otherwise qualified individual--
(A) who is a victim of domestic or sexual violence;
(B) who is--
(i) an applicant or employee of the
employer (including a public agency); or
(ii) an applicant for or recipient of
public assistance from the public agency; and
(C) whose limitations resulted from circumstances
relating to being a victim of domestic or sexual
violence;
unless the employer or public agency can demonstrate that the
accommodation would impose an undue hardship on the operation
of the employer or public agency.
(2) Qualified individual.--The term ``qualified
individual'' means--
(A) in the case of an applicant or employee
described in paragraph (1)(B)(i), an individual who,
with or without reasonable accommodation, can perform
the essential functions of the employment position that
such individual holds or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(B)(ii), an individual who,
with or without reasonable accommodation, can satisfy
the essential requirements of the program providing the
public assistance that the individual receives or
desires.
(3) Reasonable accommodation.--The term ``reasonable
accommodation'' may include an adjustment to a job structure,
workplace facility, or work requirement, including a transfer,
reassignment, or modified schedule, leave, a changed telephone
number or seating assignment, installation of a lock, or implementation
of a safety procedure, in response to actual or threatened domestic or
sexual violence.
(4) Undue hardship.--
(A) In general.--The term ``undue hardship'' means
an action requiring significant difficulty or expense,
when considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered.--In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include--
(i) the nature and cost of the reasonable
accommodation needed under this section;
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on
expenses and resources, or the impact otherwise
of such accommodation on the operation of the
facility;
(iii) the overall financial resources of
the employer or public agency, the overall size
of the business of an employer or public agency
with respect to the number of employees of the
employer or public agency, and the number,
type, and location of the facilities of an
employer or public agency; and
(iv) the type of operation of the employer
or public agency, including the composition,
structure, and functions of the workforce of
the employer or public agency, the geographic
separateness of the facility from the employer
or public agency, and the administrative or
fiscal relationship of the facility to the
employer or public agency.
SEC. 304. ENFORCEMENT.
(a) Civil Action by Individuals.--
(1) Liability.--Any employer or public agency that violates
section 303 shall be liable to any individual affected for--
(A) damages equal to the amount of wages, salary,
employment benefits, public assistance, or other
compensation denied or lost to such individual by
reason of the violation, and the interest on that
amount calculated at the prevailing rate;
(B) compensatory damages, including damages for
future pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of enjoyment or
life, and other nonpecuniary losses;
(C) such punitive damages, up to 3 times the amount
of actual damages sustained, as the court described in
paragraph (2) shall determine to be appropriate; and
(D) such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer or public agency in any Federal or State
court of competent jurisdiction by any 1 or more individuals
described in section 303.
(b) Action by Department of Justice.--The Attorney General may
bring a civil action in any Federal or State court of competent
jurisdiction to recover the damages or equitable relief described in
subsection (a)(1).
SEC. 305. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Victims' Employment Sustainability Act,''
after ``title VI of the Civil Rights Act of 1964,''.
TITLE IV--VICTIMS OF ABUSE INSURANCE PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Abuse.--The term ``abuse'' means the occurrence of 1 or
more of the following acts by a current or former household or
family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person
bodily injury, physical harm, substantial emotional
distress, psychological trauma, rape, sexual assault,
or involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment
or kidnapping.
(D) Attempting to cause or causing damage to
property so as to intimidate or attempt to control the
behavior of another person.
(2) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-assuming
basis to provide, deliver, arrange for, pay for, or reimburse
any of the cost of health care services, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation or any other entity providing a plan of health
insurance, health benefits or health services.
(3) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, corporation, partnership, association,
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, such term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(4) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, inter insurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third-
party administrators. 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 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 Victims' Economic Security and Safety 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 Victims' Economic Security and Safety Act.
``(4) Employee.--The term `employee' means a person who is
an employee, as defined in section 3(9) of the Victims'
Economic Security and Safety 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, 2002.''.
(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, 2001.
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.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2002 through 2006.
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.
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