,i #aacth ,,congress #ast ,session ,h4 ,r4 #abbi ,,in ,,the ,,house ,,of ,,representatives ,march #ae1 #bjac ,ms4 ,roybal-,allard introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,financial ,services1 ,ways and ,means1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 violence1 dating violence1 sexual assault1 or stalking1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,security and ,financial ,empowerment ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,reauthorization of ,national ,resource ,center grants ,sec4 #aja4 ,grant program reauthorization4 ,title ,,ii--,emergency leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking ,sec4 #bja4 ,amendment to ,,vawa4 ,sec4 #bjb4 ,conforming amendments4 ,sec4 #bjc4 ,effective date4 ,title ,,iii--,victims' employment sustainability ,sec4 #cja4 ,amendment to ,,vawa4 ,sec4 #cjb4 ,attorney's fees4 ,title ,,iv--,entitlement to unemployment compensation for victims of domestic violence1 dating violence1 sexual assault1 or stalking ,sec4 #dja4 ,unemployment compensation and training provisions4 ,title ,v--,victims of abuse insurance protection ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,definitions4 ,sec4 #ejc4 ,discriminatory acts prohibited4 ,sec4 #ejd4 ,insurance protocols for subjects of abuse4 ,sec4 #eje4 ,reasons for adverse actions4 ,sec4 #ejf4 ,life insurance4 ,sec4 #ejg4 ,subrogation without consent prohibited4 ,sec4 #ejh4 ,enforcement4 ,sec4 #eji4 ,effective date4 ,title ,,vi--,severability ,sec4 #fja4 ,severability4 #b4 ,findings ,congress finds the following3 7#a7 ,violence against women has been reported to be the leading cause of physical injury to women4 ,such violence has a devastating impact on women's physical and emotional health1 financial security1 and ability to maintain their jobs1 and thus impacts interstate commerce4 7#b7 ,victims of domestic violence1 dating violence1 sexual assault1 and stalking are particularly vulnerable to changes in employment1 pay1 and benefits1 and as a result of their desperate need for economic stability1 are in particular need of legal protection4 7#c7 ,the ,bureau of ,national ,affairs has estimated that domestic violence costs ,united ,states employers between #c1jjj1jjj1jjj and #e1jjj1jjj1jjj annually in lost time and productivity1 while other reports have estimated the cost at between #e1hjj1jjj1jjj and #ac1jjj1jjj1jjj annually4 7#d7 ,united ,states medical costs for domestic violence have been estimated to be #ca1jjj1jjj1jjj per year4 ,the medical cost associated with each incident of domestic violence ranges from #chg to #idh1 including costs of health care and mental health services4 7#e7 ,domestic violence crimes account for approximately #ae percent of total crime costs in the ,united ,states each year4 7#f7 7,a7 ,according to the ,national ,institute of ,justice1 crime costs an estimated #dej1jjj1jjj1jjj annually in medical expenses1 lost earnings1 social service costs1 pain1 suffering1 and reduced quality of life for victims1 which harms the ,nation's productivity and drains the ,nation's resources4 7,b7 ,violent crime accounts for #dbf1jjj1jjj1jjj per year of this amount4 7,c7 ,rape exacts the highest costs per victim of any criminal offense1 and accounts for #abg1jjj1jjj1jjj per year of the amount described in subparagraph 7,a74 7#g7 ,violent crime results in wage losses equivalent to #a percent of all ,united ,states earnings1 and causes #c percent of the ,nation's medical spending and #ad percent of the ,nation's injury-related medical spending4 7#h7 ,homicide is the leading cause of death for women on the job4 ,husbands1 boyfriends1 and ex-partners commit #ae percent of workplace homicides against women4 7#i7 ,according to a recent study by the ,national ,institutes of ,health and ,centers for ,disease ,control and ,prevention1 each year there are #e1cjj1jjj non-fatal violent victimizations committed by intimate partners against women4 ,female murder victims were substantially more likely than male murder victims to have been killed by an intimate partner4 ,about #a_/c of female murder victims1 and about #d percent of male murder victims1 were killed by an intimate partner4 7#aj7 ,forty-nine percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity1 #dg percent said domestic violence negatively affects attendance1 and #dd percent said domestic violence increases health care costs4 7#aa7 ,seventy-eight percent of human resources professionals consider partner violence a workplace issue4 ,however1 more than #gj percent of ,united ,states workplaces have no formal program or policy that addresses workplace violence1 let alone domestic violence4 ,in fact1 only #d percent of employers provided training on domestic violence4 7#ab7 ,ninety-four percent of corporate security and safety directors at companies nationwide rank domestic violence as a high security concern4 7#ac7 ,women who have experienced domestic violence or dating violence are more likely than other women to be unemployed1 to suffer from health problems that can affect employability and job performance1 to report lower personal income1 and to rely on welfare4 7#ad7 ,studies indicate that one of the best predictors of whether a victim will be able to stay away from her abuser is her degree of economic independence4 ,however1 domestic violence1 dating violence1 sexual assault1 and stalking often negatively impact a victim's ability to maintain employment4 7#ae7 ,according to a #aiih report of the ,general ,accounting ,office1 between #a_/d and of domestic violence victims surveyed in #c studies reported that they lost a job due1 at least in part1 to domestic violence4 7#af7 ,employees in the ,united ,states who have been victims of domestic violence1 dating violence1 sexual assault1 or stalking too often suffer adverse consequences in the workplace as a result of their victimization4 7#ag7 ,domestic violence also affects abusers' ability to work4 ,a recent study found that #dh percent of abusers reported having difficulty concentrating at work and #db percent reported being late to work4 ,seventy-eight percent reported using their own company's resources in connection with the abusive relationship4 7#ah7 ,abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work1 including preventing their partners from going to work1 harassing their partners at work1 limiting the access of their partners to cash or transportation1 and sabotaging the child care arrangements of their partners4 7#ai7 ,studies indicate that between #ce and #ef percent of employed battered women surveyed were harassed at work by their abusive partners4 7#bj7 ,more than of women receiving welfare have been victims of domestic violence as adults and between #a_/d and #a_/c of women receiving welfare reported being abused in the last year4 7#ba7 ,victims of domestic violence also frequently miss work due to injuries1 court dates1 and safety concerns requiring legal protections4 ,victims of intimate partner violence lose #h1jjj1jjj days of paid work each year1 the equivalent of over #cb1jjj full-time jobs and #e1fjj1jjj days of household productivity4 7#bb7 ,approximately #aj1bjj1jjj people have been stalked at some time in their lives4 ,four out of every #e stalking victims are women4 ,stalkers harass and terrorize their victims by spying on the victims1 standing outside their places of work or homes1 making unwanted phone calls1 sending or leaving unwanted letters or items1 or vandalizing property4 7#bc7 ,more than #ce percent of stalking victims report losing time from work due to the stalking and #g percent never return to work4 7#bd7 ,the prevalence of sexual assault and other violence against women at work is also dramatic4 ,about #cf1ejj individuals1 #hj percent of whom are women1 were raped or sexually assaulted in the workplace each year from #aiic through #aiii4 ,half of all female victims of violent workplace crimes know their attackers4 ,nearly one out of #aj violent workplace incidents are committed by partners or spouses4 ,women who work for ,state and local governments suffer a higher incidence of workplace assaults1 including rapes1 than women who work in the private sector4 7#be7 ,according to recent ,government estimates1 approximately #ihg1djj rapes occur annually in the ,united ,states1 with #hi percent of the rapes perpetrated against female victims4 ,since #bjja1 rapes have actually increased by #d percent4 7#bf7 ,sexual assault1 whether occurring in or out of the workplace1 can impair an employee's work performance1 require time away from work1 and undermine the employee's ability to maintain a job4 ,almost #ej percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults4 ,an estimated #bd to #cj percent of abused working women lose their jobs due to their abuse4 7#bg7 ,domestic and sexual violence victims have been subjected to discrimination by private and ,state employers1 including discrimination motivated by sex and stereotypic notions about women4 7#bh7 ,domestic violence victims and third parties who help them have been subjected to discriminatory practices by life1 disability1 and property and casualty insurers and employers who self-insure employee benefits1 who have denied or canceled coverage1 rejected claims1 and raised rates based on domestic violence4 ,although some ,state legislatures have tried to address those practices1 the scope of protection afforded by the laws adopted varies from ,state to ,state1 with many failing to address the problem involved comprehensively4 ,moreover1 ,federal law prevents ,states from protecting the almost #dj percent of employees whose employers self-insure employee benefits4 7#bi7 ,only the ,states of ,hawaii1 ,illinois1 ,new ,york1 and ,oregon prohibit employment discrimination against all victims of domestic violence1 sexual assault1 or stalking4 7#cj7 ,employees1 including individuals participating in welfare-to-work programs1 may need to take time during business hours to-- 7,a7 obtain orders of protection2 7,b7 seek medical or legal assistance1 counseling1 or other services2 or 7,c7 look for housing in order to escape from domestic violence4 7#ca7 ,only #aa ,states provide domestic violence victims with leave from work to go to court1 to go to the doctor1 or to take other steps to address the domestic violence in their lives4 7#cb7 ,only #cf ,states and the ,district of ,columbia have laws that explicitly provide unemployment insurance to domestic violence victims in certain circumstances1 and none of the laws explicitly cover victims of sexual assault or stalking4 7#cc7 ,existing ,federal law does not explicitly-- 7,a7 authorize victims of domestic violence1 dating violence1 sexual assault1 or stalking to take leave from work to seek legal assistance and redress1 counseling1 or assistance with safety planning activities2 7,b7 address the eligibility of victims of domestic violence1 dating violence1 sexual assault1 or stalking for unemployment compensation2 7,c7 provide job protection to actual or perceived victims of domestic violence1 dating violence1 sexual assault1 or stalking2 or 7,d7 7i7 prohibit insurers and employers who self-insure employee benefits from discriminating against domestic violence victims and those who help them in determining eligibility1 rates charged1 and standards for payment of claims2 or 7ii7 prohibit insurers from disclosing information about abuse and the location of the victims through insurance databases and other means4 ,i ,reauthorization of ,national ,resource ,center grants #aja4 ,grant program reauthorization 7a7 ,information and assistance to victims' service providers and community organizations ,section #daeja7;a7 of the ,violence ,against ,women ,act 7#db ,u4,s4,c4 #adjdc;f7a77 is amended by striking the period at the end and inserting 1 and to victim service organizations 7as defined in section #dagja71 including community based organizations1 and tribal1 ,state and territorial domestic violence or sexual assault coalitions to enable them to provide resource materials or other assistance to employers1 labor organizations1 or employees44 7b7 ,authorization of ,appropriations ,section #daeja7;e7 of such ,act is amended by striking #bjjg through #bjaa and inserting #bjad through #bjah4 7c7 ,administrative provisions ,section #daeja of such ,act is further amended by adding at the end the following3 7g7 ,administrative ,costs 7#a7 ,in general ,from the amount appropriated under subsection 7e7 for each fiscal year1 the ,attorney ,general shall not use more than #b4e percent for the administration and monitoring of grants made available under this section4 7#b7 ,evaluations ,from the amount appropriated under subsection 7e7 for each fiscal year1 the ,director shall not use more than #e percent to award contracts or cooperative agreements to entities with demonstrated expertise in program evaluation1 to evaluate programs under this section4 4 ,,ii ,emergency leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking #bja4 ,amendment to ,,vawa ,the ,violence ,against ,women ,act is amended by adding at the end the following new subtitle3 ,q ,entitlement to emergency leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking #dagja4 ,definitions ,as used in this subtitle1 the following definitions apply3 7#a7 ,employ2 ,state ,the terms employ and ,state have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#b7 ,employee 7,a7 ,in general ,the term employee means any person employed by an employer4 ,in the case of an individual employed by a public agency1 such term means an individual employed as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b774 7,b7 ,basis ,the term includes a person employed as described in subparagraph 7,a7 on a full- or part-time basis1 for a fixed time period1 on a temporary basis1 pursuant to a detail1 or as a participant in a work assignment as a condition of receipt of ,federal or ,state income-based public assistance4 7#c7 ,employer ,the term employer-- 7,a7 means any person engaged in commerce or in any industry or activity affecting commerce who employs fifteen or more individuals2 and 7,b7 includes any person acting directly or indirectly in the interest of an employer in relation to an employee1 and includes a public agency that employs individuals as described in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich1 but does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 7#d7 ,employment benefits ,the term employment benefits means all benefits provided or made available to employees by an employer1 including group life insurance1 health insurance1 disability insurance1 sick leave1 annual leave1 educational benefits1 and pensions1 regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 7#e7 ,family or household member ,the term family or household member1 used with respect to a person1 means a nonabusive individual who is a spouse1 former spouse1 parent1 son or daughter1 or person residing or formerly residing in the same dwelling unit as the person4 7#f7 ,parent2 son or daughter ,the terms parent and son or daughter have the meanings given the terms in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7#g7 ,person ,the term person has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#h7 ,public agency ,the term public agency has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#i7 ,public assistance ,the term public assistance includes cash1 food stamps1 medical assistance1 housing assistance1 and other benefits provided on the basis of income by a public agency4 7#aj7 ,reduced leave schedule ,the term reduced leave schedule means a leave schedule that reduces the usual number of hours per workweek1 or hours per workday1 of an employee4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,victim of domestic violence1 dating violence1 sexual assault1 or stalking ,the term victim of domestic violence1 dating violence1 sexual assault1 or stalking includes a person who has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking and a person whose family or household member has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking4 7#ac7 ,victim services organization ,the term victim services organization means a nonprofit1 nongovernmental organization that provides assistance to victims of domestic violence1 dating violence1 sexual assault1 or stalking1 or to advocates for such victims1 including a rape crisis center1 an organization carrying out a domestic violence program1 an organization operating a shelter or providing counseling services1 or an organization providing assistance through the legal process4 #dagjb4 ,entitlement to emergency leave for addressing domestic violence1 dating violence1 sexual assault1 or stalking 7a7 ,entitlement to leave 7#a7 ,basis ,an employee who is a victim of domestic violence1 dating violence1 sexual assault1 or stalking may take leave from work to address domestic violence1 dating violence1 sexual assault1 or stalking1 by-- 7,a7 seeking medical attention for1 or recovering from1 physical or psychological injuries caused by domestic violence1 dating violence1 sexual assault1 or stalking to the employee or the employee's family or household member2 7,b7 obtaining services from a victim services organization for the employee or the employee's family or household member2 7,c7 obtaining psychological or other counseling for the employee or the employee's family or household member2 7,d7 participating in safety planning1 temporarily or permanently relocating1 or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic violence1 dating violence1 sexual assault1 or stalking or ensure economic security2 or 7,e7 seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member1 including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence1 dating violence1 sexual assault1 or stalking4 7#b7 ,period ,an employee may take not more than #cj days of leave1 as described in paragraph 7#a71 in any #ab-month period4 7#c7 ,schedule ,leave described in paragraph 7#a7 may be taken intermittently or on a reduced leave schedule4 7b7 ,notice ,the employee shall provide the employer with reasonable notice of the employee's intention to take the leave1 unless providing such notice is not practicable4 7c7 ,certification 7#a7 ,in general ,the employer may require the employee to provide certification to the employer1 within a reasonable period after the employer requests the certification1 that-- 7,a7 the employee or the employee's family or household member is a victim of domestic violence1 dating violence1 sexual assault1 or stalking2 and 7,b7 the leave is for one of the purposes enumerated in subsection 7a77#a74 7#b7 ,contents ,an employee may satisfy the certification requirement of paragraph 7#a7 by providing to the employer-- 7,a7 a sworn statement of the employee2 7,b7 documentation from an employee1 agent1 or volunteer of a victim services organization1 an attorney1 a member of the clergy1 or a medical or other professional1 from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence1 dating violence1 sexual assault1 or stalking and the effects of domestic violence1 dating violence1 sexual assault1 or stalking2 7,c7 a police or court record2 or 7,d7 other corroborating evidence4 7d7 ,confidentiality ,all information provided to the employer pursuant to subsection 7b7 or 7c71 including a statement of the employee or any other documentation1 record1 or corroborating evidence1 and the fact that the employee has requested or obtained leave pursuant to this section1 shall be retained in the strictest confidence by the employer1 except to the extent that disclosure is-- 7#a7 requested or consented to by the employee in writing2 or 7#b7 otherwise required by applicable ,federal or ,state law4 7e7 ,employment and benefits 7#a7 ,restoration to position 7,a7 ,in general ,except as provided in paragraph 7#b71 any employee who takes leave under this section for the intended purpose of the leave shall be entitled1 on return from such leave-- 7i7 to be restored by the employer to the position of employment held by the employee when the leave commenced2 or 7ii7 to be restored to an equivalent position with equivalent employment benefits1 pay1 and other terms and conditions of employment4 7,b7 ,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 commenced4 7,c7 ,limitations ,nothing in this subsection shall be construed to entitle any restored employee to-- 7i7 the accrual of any seniority or employment benefits during any period of leave2 or 7ii7 any right1 benefit1 or position of employment other than any right1 benefit1 or position to which the employee would have been entitled had the employee not taken the leave4 7,d7 ,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 work4 7#b7 ,exemption concerning certain highly compensated employees 7,a7 ,denial of restoration ,an employer may deny restoration under paragraph 7#a7 to any employee described in subparagraph 7,b7 if-- 7i7 such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer2 7ii7 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 occur2 and 7iii7 in any case in which the leave has commenced1 the employee elects not to return to employment after receiving such notice4 7,b7 ,affected employees ,an employee referred to in subparagraph 7,a7 is a salaried employee who is among the highest paid #aj percent of the employees employed by the employer within #ge miles of the facility at which the employee is employed4 7#c7 ,maintenance of health benefits 7,a7 ,coverage ,except as provided in subparagraph 7,b71 during any period that an employee takes leave under this section1 the employer shall maintain coverage under any group health plan 7as defined in section #ejjj7;b77#a7 of the ,internal ,revenue ,code of #aihf7 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 leave4 7,b7 ,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-- 7i7 the employee fails to return from leave under this section after the period of leave to which the employee is entitled has expired2 and 7ii7 the employee fails to return to work for a reason other than-- 7,i7 the continuation of1 recurrence of1 or onset of an episode of domestic violence1 dating violence1 sexual assault1 or stalking1 that entitles the employee to leave pursuant to this section2 or 7,,ii7 other circumstances beyond the control of the employee4 7,c7 ,certification 7i7 ,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 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 to provide1 within a reasonable period after making the claim1 certification to the employer that the employee is unable to return to work because of that reason4 7ii7 ,contents ,an employee may satisfy the certification requirement of clause 7i7 by providing to the employer-- 7,i7 a sworn statement of the employee2 7,,ii7 documentation from an employee1 agent1 or volunteer of a victim services organization1 an attorney1 a member of the clergy1 or a medical or other professional1 from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence1 dating violence1 sexual assault1 or stalking and the effects of domestic violence1 dating violence1 sexual assault1 or stalking2 7,,iii7 a police or court record2 or 7,,iv7 other corroborating evidence4 7,d7 ,confidentiality ,all information provided to the employer pursuant to subparagraph 7,c71 including a statement of the employee or any other documentation1 record1 or corroborating evidence1 and the fact that the employee is not returning to work because of a reason described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 shall be retained in the strictest confidence by the employer1 except to the extent that disclosure is-- 7i7 requested or consented to by the employee2 or 7ii7 otherwise required by applicable ,federal or ,state law4 7f7 ,prohibited acts 7#a7 ,interference with rights 7,a7 ,exercise of rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise of or the attempt to exercise1 any right provided under this section4 7,b7 ,employer discrimination ,it shall be unlawful for any employer to discharge or harass any individual1 or otherwise discriminate against any individual with respect to compensation1 terms1 conditions1 or privileges of employment of the individual 7including retaliation in any form or manner7 because the individual-- 7i7 exercised any right provided under this section2 or 7ii7 opposed any practice made unlawful by this section4 7,c7 ,public agency sanctions ,it shall be unlawful for any public agency to deny1 reduce1 or terminate the benefits of1 otherwise sanction1 or harass any individual1 or otherwise discriminate against any individual 7including retaliation in any form or manner7 with respect to the amount1 terms1 or conditions of public assistance of the individual because the individual-- 7i7 exercised any right provided under this section2 or 7ii7 opposed any practice made unlawful by this section4 7#b7 ,interference with proceedings or inquiries ,it shall be unlawful for any person to discharge or in any other manner discriminate 7as described in subparagraph 7,b7 or 7,c7 of paragraph 7#a77 against any individual because such individual-- 7,a7 has filed any charge1 or has instituted or caused to be instituted any proceeding1 under or related to this section2 7,b7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this section2 or 7,c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this section4 7g7 ,enforcement 7#a7 ,civil action by affected individuals 7,a7 ,liability ,any employer that violates subsection 7f7 shall be liable to any individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation has not been denied or lost to the individual1 any actual monetary losses sustained by the individual as a direct result of the violation2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages equal to the sum of the amount described in subclause 7,i7 and the interest described in subclause 7,,ii71 except that if an employer that has violated subsection 7f7 proves to the satisfaction of the court that the act or omission that violated subsection 7f7 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of subsection 7f71 such court may1 in the discretion of the court1 reduce the amount of the liability to the amount and interest determined under subclauses 7,i7 and 7,,ii71 respectively2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,a7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by any one or more affected individuals for and on behalf of-- 7i7 the individuals2 or 7ii7 the individuals and other individuals similarly situated4 7,c7 ,fees and costs ,the court in such an action shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7,d7 ,limitations ,the right provided by subparagraph 7,b7 to bring an action by or on behalf of any affected individual shall terminate-- 7i7 on the filing of a complaint by the ,secretary in an action under paragraph 7#d7 in which restraint is sought of any further delay in the payment of the amount described in subparagraph 7,a77i7 to such individual by an employer responsible under subparagraph 7,a7 for the payment2 or 7ii7 on the filing of a complaint by the ,secretary in an action under paragraph 7#b7 in which a recovery is sought of the damages described in subparagraph 7,a77i7 owing to an affected individual by an employer liable under subparagraph 7,a71 unless the action described in clause 7i7 or 7ii7 is dismissed without prejudice on motion of the ,secretary4 7#b7 ,action by the ,secretary 7,a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of subsection 7f7 in the same manner as the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#a77;,a77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each individual affected4 ,any such sums not paid to such an individual because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7#c7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under this subsection not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,willful violation ,in the case of such action brought for a willful violation of subsection 7f71 such action may be brought within #c years after the date of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,in determining when an action is commenced by the ,secretary under this subsection for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#d7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7,a7 to restrain violations of subsection 7f71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to affected individuals2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#e7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under this subsection4 7#f7 ,employer liability under other laws ,nothing in this section shall be construed to limit the liability of an employer or public agency to an individual1 for harm suffered relating to the individual's experience of domestic violence1 dating violence1 sexual assault1 or stalking1 pursuant to any other ,federal or ,state law1 including a law providing for a legal remedy4 7#g7 ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,library of ,congress1 the authority of the ,secretary under this subsection shall be exercised by the ,librarian of ,congress4 7#h7 ,certain public agency employers 7,a7 ,agencies ,notwithstanding any other provision of this subsection1 in the case of a public agency that employs individuals as described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an entity of the legislative branch of the ,federal ,government71 subparagraph 7,b7 shall apply4 7,b7 ,authority ,in the case described in subparagraph 7,a71 the powers1 remedies1 and procedures provided in the case of a violation of chapter #fc of title #e1 ,united ,states ,code1 in that title to an employing agency1 in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or in that title to any person alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this subsection provides in the case of a violation of subsection 7f7 to that agency1 that ,board1 or any person alleging a violation of subsection 7f71 respectively1 against an employee who is such an individual4 7#i7 ,public agencies providing public assistance ,consistent with regulations prescribed under section #ajf7;d71 the ,president shall ensure that any public agency that violates subsection 7f77#a77;,c71 or subsection 7f77#b7 by discriminating as described in subsection 7f77#a77;,c71 shall provide to any individual who receives a less favorable amount1 term1 or condition of public assistance as a result of the violation-- 7,a7 7i7 the amount of any public assistance denied or lost to such individual by reason of the violation2 and 7ii7 the interest on the amount described in clause 7i72 and 7,b7 such equitable relief as may be appropriate4 #dagjc4 ,existing leave usable for addressing domestic violence1 dating violence1 sexual assault1 or stalking ,an employee who is entitled to take paid or unpaid leave 7including family1 medical1 sick1 annual1 personal1 or similar leave7 from employment1 pursuant to ,state or local law1 a collective bargaining agreement1 or an employment benefits program or plan1 may elect to substitute any period of such leave for an equivalent period of leave provided under section #dagjb4 #dagjd4 ,emergency benefits 7a7 ,in general ,a ,state may use funds provided to the ,state under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 to provide nonrecurrent short-term emergency benefits to an individual for any period of leave the individual takes pursuant to section #dagjb4 7b7 ,eligibility ,in calculating the eligibility of an individual for such emergency benefits1 the ,state shall count only the cash available or accessible to the individual4 7c7 ,timing 7#a7 ,applications ,an individual seeking emergency benefits under subsection 7a7 from a ,state shall submit an application to the ,state4 7#b7 ,benefits ,the ,state shall provide benefits to an eligible applicant under paragraph 7#a7 on an expedited basis1 and not later than #g days after the applicant submits an application under paragraph 7#a74 #dagje4 ,effect on other laws and employment benefits 7a7 ,more protective laws1 agreements1 programs1 and plans ,nothing in this title shall be construed to supersede any provision of any ,federal1 ,state1 or local law1 collective bargaining agreement1 or employment benefits program or plan that provides-- 7#a7 greater leave benefits for victims of domestic violence1 dating violence1 sexual assault1 or stalking than the rights established under this title2 or 7#b7 leave benefits for a larger population of victims of domestic violence1 dating violence1 sexual assault1 or stalking 7as defined in such law1 agreement1 program1 or plan7 than the victims of domestic violence1 dating violence1 sexual assault1 or stalking covered under this title4 7b7 ,less protective laws1 agreements1 programs1 and plans ,the rights established for victims of domestic violence1 dating violence1 sexual assault1 or stalking under this title shall not be diminished by any ,state or local law1 collective bargaining agreement1 or employment benefits program or plan4 #dagjf4 ,regulations 7a7 ,in general 7#a7 ,authority to issue regulations ,except as provided in subsections 7b71 7c71 and 7d71 the ,secretary shall issue regulations to carry out this title4 7#b7 ,regulations regarding notices ,the regulations described in paragraph 7#a7 shall include regulations requiring every employer to post and keep posted1 in conspicuous places on the premises of the employer where notices to employees are customarily placed1 a notice1 to be prepared or approved by the ,secretary1 summarizing the provisions of this title and providing information on procedures for filing complaints4 ,the ,secretary shall develop such a notice and provide copies to employers upon request without charge4 7b7 ,library of ,congress ,the ,librarian of ,congress shall prescribe the regulations described in subsection 7a7 with respect to employees of the ,library of ,congress4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 7c7 ,certain public agency employers ,the ,office of ,personnel ,management shall prescribe the regulations described in subsection 7a7 with respect to individuals described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an individual employed by an entity of the legislative branch of the ,federal ,government74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 7d7 ,public agencies providing public assistance ,the ,president shall prescribe the regulations described in subsection 7a7 with respect to applicants for and recipients of public assistance1 in the case of violations of section #dagjb7;f77#a77;,c71 or section #dagjb7;f77#b7 due to discrimination described in section #dagjb7;f77#a77;,c74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 4 #bjb4 ,conforming amendments 7a7 ,social ,security ,act ,section #djd of the ,social ,security ,act 7#db ,u4,s4,c4 #fjd7 is amended by adding at the end the following3 7l7 ,authority ,to provide emergency benefits ,a ,state that receives a grant under section #djc may use the grant to provide nonrecurrent short-term emergency benefits1 in accordance with section #dagjd of the ,violence ,against ,women ,act1 to individuals who take leave pursuant to section #dagjb of that ,act1 without regard to whether the individuals receive assistance under the ,state program funded under this part4 4 7b7 ,rehabilitation ,act ,section #ajjc7;a77#a7 of the ,rehabilitation ,act ,amendments of #aihf 7#db ,u4,s4,c4 #bjjj;d-#g7;a77#a77 is amended by inserting section #dagjb of the ,violence ,against ,women ,act1 after ,civil ,rights ,act of #aifd14 #bjc4 ,effective date ,the amendments made by this title take effect #ahj days after the date of enactment of this ,act4 ,,iii ,victims' employment sustainability #cja4 ,amendment to ,,vawa ,the ,violence ,against ,women ,act1 as amended by section #aja1 is further amended by adding at the end the following3 ,r ,victims' employment sustainability #dahja4 ,short title ,this subtitle may be cited as the ,victims' ,employment ,sustainability ,act4 #dahjb4 ,prohibited discriminatory acts 7a7 ,in general ,an employer shall not fail to hire1 refuse to hire1 discharge1 or harass any individual1 or otherwise discriminate against any individual with respect to the compensation1 terms1 conditions1 or privileges of employment of the individual 7including retaliation in any form or manner71 and a public agency shall not deny1 reduce1 or terminate the benefits of1 otherwise sanction1 or harass any individual1 or otherwise discriminate against any individual with respect to the amount1 terms1 or conditions of public assistance of the individual 7including retaliation in any form or manner71 because-- 7#a7 the individual involved is or the employer or public agency involved perceives that individual to be a victim of domestic violence1 dating violence1 sexual assault1 or stalking2 7#b7 that individual attended1 participated in1 prepared for1 or requested leave to attend1 participate in1 or prepare for1 a criminal or civil court proceeding relating to an incident of domestic violence1 dating violence1 sexual assault1 or stalking of which the individual1 or the family or household member of the individual1 was a victim2 7#c7 that individual1 in response to actual or threatened domestic violence1 dating violence1 sexual assault1 or stalking1 requested that the employer or public agency implement a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace involved2 or 7#d7 the workplace is disrupted or threatened by the action of a person whom that individual states has committed or threatened to commit domestic violence1 dating violence1 sexual assault1 or stalking against that individual1 or that individual's family or household member4 7b7 ,definitions ,in this section3 7#a7 ,discriminate ,the term discriminate1 used with respect to the terms1 conditions1 or privileges of employment or with respect to the terms or conditions of public assistance1 includes failing to implement1 on request from an individual1 in response to actual or threatened domestic violence1 dating violence1 sexual assault1 or stalking1 a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace 7such as installation of a lock1 change of a telephone number or seating assignment1 provision of a transfer1 provision of leave1 modification of a schedule1 or adjustment of a work requirement71 unless the employer or public agency can demonstrate that granting the request would impose an undue hardship on the operation of the employer or public agency4 7#b7 ,undue hardship ,the term undue hardship means an action requiring significant difficulty or expense4 #dahjc4 ,enforcement 7a7 ,civil action by individuals 7#a7 ,liability ,any employer that violates section #dahjb shall be liable to any individual affected for-- 7,a7 damages equal to the amount of wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation1 and the interest on that amount calculated at the prevailing rate2 7,b7 compensatory damages1 including damages for future pecuniary losses1 emotional pain1 suffering1 inconvenience1 mental anguish1 loss of enjoyment or life1 and other nonpecuniary losses2 7,c7 such punitive damages1 up to #c times the amount of actual damages sustained1 as the court described in paragraph 7#b7 shall determine to be appropriate2 and 7,d7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#b7 ,right of action ,an action to recover the damages or equitable relief prescribed in paragraph 7#a7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by any one or more individuals described in section #dahjb4 7b7 ,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 7a77#a74 7c7 ,library of ,congress ,notwithstanding any other provision of this section1 in the case of the ,library of ,congress1 the authority of the ,secretary under this section shall be exercised by the ,librarian of ,congress4 7d7 ,certain public agency employers 7#a7 ,agencies ,notwithstanding any other provision of this subsection1 in the case of a public agency that employs individuals as described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an entity of the legislative branch of the ,federal ,government71 paragraph 7#b7 shall apply4 7#b7 ,authority ,in the case described in subparagraph 7,a71 the powers1 remedies1 and procedures provided 7in the case of a violation of section #bcjb7;b77#a77;,a7 of title #e1 ,united ,states ,code7 in title #e1 ,united ,states ,code1 to an employing agency1 the ,office of ,special ,counsel1 the ,merit ,systems ,protection ,board1 or any person alleging a violation of such section #bcjb7;b77#a77;,a71 shall be the powers1 remedies1 and procedures this section provides in the case of a violation of section #dahjb to that agency1 that ,office1 that ,board1 or any person alleging a violation of section #dahjb1 respectively1 against an employee who is such an individual4 7e7 ,public agencies providing public assistance ,consistent with regulations prescribed under section #dahje7;d71 the ,president shall ensure that any public agency that violates section #dahjb7;a7 by taking an action prohibited under section #dahjb7;a7 against any individual with respect to the amount1 terms1 or conditions of public assistance1 shall provide to any individual who receives a less favorable amount1 term1 or condition of public assistance as a result of the violation-- 7#a7 7,a7 the amount of any public assistance denied or lost to such individual by reason of the violation2 and 7,b7 the interest on the amount described in clause 7i7 calculated at the prevailing rate2 and 7#b7 such equitable relief as may be appropriate4 #dahjd4 ,regulations 7a7 ,in general ,except as provided in subsections 7b71 7c71 and 7d71 the ,secretary shall issue regulations to carry out this title4 7b7 ,library of ,congress ,the ,librarian of ,congress shall prescribe the regulations described in subsection 7a7 with respect to employees of the ,library of ,congress4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 7c7 ,certain public agency employers ,the ,office of ,personnel ,management1 after consultation under the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board1 shall prescribe the regulations described in subsection 7a7 with respect to individuals described in subparagraph 7,a7 or 7,b7 of section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 7other than an individual employed by an entity of the legislative branch of the ,federal ,government74 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 7d7 ,public agencies providing public assistance ,the ,president shall prescribe the regulations described in subsection 7a7 with respect to public agencies providing public assistance as described in section #dahjc7;e71 including violations of section #dahjb7;a7 by such agencies4 ,the regulations prescribed under this subsection shall1 to the extent appropriate1 be consistent with the regulations prescribed by the ,secretary under subsection 7a74 4 #cjb4 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,victims' ,employment ,sustainability ,act1 after title ,,vi of the ,civil ,rights ,act of #aifd14 ,,iv ,entitlement to unemployment compensation for victims of domestic violence1 dating violence1 sexual assault1 or stalking #dja4 ,unemployment compensation and training provisions 7a7 ,unemployment compensation ,section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to approval of ,state unemployment compensation laws7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 by redesignating paragraph 7#ai7 as paragraph 7#bj72 and 7,c7 by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 compensation shall not be denied where an individual is separated from employment due to circumstances resulting from the individual's experience of domestic violence1 dating violence1 sexual assault1 or stalking1 nor shall ,states impose additional conditions that restrict the individual's eligibility for or receipt of benefits beyond those required of other individuals who are forced to leave their jobs or are deemed to have good cause for voluntarily separating from a job in the ,state2 and 2 and 7#b7 by adding at the end the following new subsection3 7g7 ,construction ,for purposes of subsection 7a77#ai7-- 7#a7 ,documentation ,in determining eligibility for compensation due to circumstances resulting from an individual's experience of domestic violence1 dating violence1 sexual assault1 or stalking-- 7,a7 ,states shall adopt1 or have adopted1 by statute1 regulation1 or policy a list of forms of documentation that may be presented to demonstrate eligibility2 and 7,b7 presentation of any one of such forms of documentation shall be sufficient to demonstrate eligibility1 except that a ,state may require the presentation of a form of identification in addition to the written statement of claimant described in paragraph 7#b77;,g74 7#b7 ,list of forms of documentation ,the list referred to in paragraph 7#a77;,a7 shall include not less than three of the following forms of documentation3 7,a7 ,an order of protection or other documentation issued by a court4 7,b7 ,a police report or criminal charges documenting the domestic violence1 dating violence1 sexual assault1 or stalking4 7,c7 ,documentation that the perpetrator has been convicted of the offense of domestic violence1 dating violence1 sexual assault1 or stalking4 7,d7 ,medical documentation of the domestic violence1 dating violence1 sexual assault1 or stalking4 7,e7 ,evidence of domestic violence1 dating violence1 sexual assault1 or stalking from a counselor1 social worker1 health worker1 or domestic violence shelter worker4 7,f7 ,a written statement that the applicant or the applicant's minor child is a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 provided by a social worker1 member of the clergy1 shelter worker1 attorney at law1 or other professional who has assisted the applicant in dealing with the domestic violence1 dating violence1 sexual assault1 or stalking4 7,g7 ,a written statement of the claimant4 7#c7 ,domestic violence1 dating violence1 sexual assault1 and stalking defined ,the terms domestic violence1 dating violence1 sexual assault1 and stalking have the meanings given such terms in section #djjjb of the ,violence ,against ,women ,act4 4 7b7 ,unemployment compensation personnel training ,section #cjc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;a77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#ab7 as paragraphs 7#e7 through 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,such methods of administration as will ensure that-- 7,a7 applicants for unemployment compensation and individuals inquiring about such compensation are adequately notified of the provisions of subsections 7a77#ai7 and 7g7 of section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to the availability of unemployment compensation for victims of domestic violence1 dating violence1 sexual assault1 or stalking72 and 7,b7 claims reviewers and hearing personnel are adequately trained in-- 7i7 the nature and dynamics of domestic violence1 dating violence1 sexual assault1 or stalking 7as such terms are defined in section #djjjb of the ,violence ,against ,women ,act72 and 7ii7 methods of ascertaining and keeping confidential information about possible experiences of domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined7 to ensure that-- 7,i7 requests for unemployment compensation based on separations stemming from domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined7 are reliably screened1 identified1 and adjudicated2 and 7,,ii7 full confidentiality is provided for the individual's claim and submitted evidence2 and 4 7c7 ,,tanf personnel training ,section #djb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fjb7;a77 is amended by adding at the end the following new paragraph3 7#h7 ,certification that the ,state will provide information to victims of domestic violence1 dating violence1 sexual assault1 or stalking ,a certification by the chief officer of the ,state that the ,state has established and is enforcing standards and procedures to-- 7,a7 ensure that applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of-- 7i7 the provisions of subsections 7a77#ai7 and 7g7 of section #ccjd of the ,internal ,revenue ,code of #aihf 7relating to the availability of unemployment compensation for victims of domestic violence1 dating violence1 sexual assault1 or stalking72 and 7ii7 assistance made available by the ,state to victims of domestic violence1 dating violence1 sexual assault1 or stalking 7as such terms are defined in section #djjjb of the ,violence ,against ,women ,act72 7,b7 ensure that case workers and other agency personnel responsible for administering the ,state program funded under this part are adequately trained in-- 7i7 the nature and dynamics of domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined72 7ii7 ,state standards and procedures relating to the prevention of1 and assistance for individuals who experience1 domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined72 and 7iii7 methods of ascertaining and keeping confidential information about possible experiences of domestic violence1 dating violence1 sexual assault1 or stalking 7as so defined72 7,c7 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#g71 ensure that-- 7i7 applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures2 and 7ii7 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 procedures2 and 7,d7 ensure that the training required under subparagraphs 7,b7 and1 if applicable1 7,c77ii7 is provided through a training program operated by an eligible entity 7as defined in section #dja7;d77#b7 of the ,security and ,financial ,empowerment ,act74 4 7d7 ,domestic violence1 dating violence1 sexual assault1 or stalking training grant program 7#a7 ,grants authorized ,the ,secretary of ,health and ,human ,services 7in this subsection referred to as the ,secretary7 is authorized to award-- 7,a7 a grant to a national victim services organization in order for such organization to-- 7i7 develop and disseminate a model training program 7and related materials7 for the training required under section #cjc7;a77#d77;,b7 of the ,social ,security ,act1 as added by subsection 7b71 and under subparagraphs 7,b7 and1 if applicable1 7,c77ii7 of section #djb7;a77#h7 of such ,act1 as added by subsection 7c72 and 7ii7 provide technical assistance with respect to such model training program2 and 7,b7 grants to ,state1 tribal1 or local agencies in order for such agencies to contract with eligible entities to provide ,state1 tribal1 or local case workers and other ,state1 tribal1 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 7,b7 and1 if applicable1 7,c77ii7 of such section #djb7;a77#h74 7#b7 ,eligible entity defined ,for purposes of paragraph 7#a77;,b71 the term eligible entity means an entity-- 7,a7 that is-- 7i7 a ,state or tribal domestic violence coalition or sexual assault coalition2 7ii7 a ,state or local victim services organization with recognized expertise in the dynamics of domestic violence1 dating violence1 sexual assault1 or stalking whose primary mission is to provide services to victims of domestic violence1 dating violence1 sexual assault1 or stalking1 such as a rape crisis center or domestic violence program2 or 7iii7 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 implementation1 but only if such organization will provide the required training in partnership with an entity described in clause 7i7 or 7ii72 and 7,b7 that-- 7i7 has demonstrated expertise in the dynamics of both domestic violence and sexual assault1 such as a joint domestic violence and sexual assault coalition2 or 7ii7 will provide the required training in partnership with an entity described in clause 7i7 or 7ii7 of subparagraph 7,a7 in order to comply with the dual domestic violence and sexual assault expertise requirement under clause 7i74 7#c7 ,application ,an entity seeking a grant under this subsection shall submit an application to the ,secretary at such time1 in such form and manner1 and containing such information as the ,secretary specifies4 7#d7 ,reports 7,a7 ,reports to ,congress ,the ,secretary shall annually submit a report to ,congress on the grant program established under this subsection4 7,b7 ,reports available to public ,the ,secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph 7,a74 ,such procedures shall include the use of the ,internet to disseminate such reports4 7#e7 ,authorization of appropriations 7,a7 ,authorization ,there are authorized to be appropriated-- 7i7 #a1jjj1jjj for fiscal year #bjad to carry out the provisions of paragraph 7#a77;,a72 and 7ii7 #ab1jjj1jjj for each of fiscal years #bjae through #bjah to carry out the provisions of paragraph 7#a77;,b74 7,b7 ,three-year availability of grant funds ,each recipient of a grant under this subsection shall return to the ,secretary any unused portion of such grant not later than #c years after the date the grant was awarded1 together with any earnings on such unused portion4 7,c7 ,amounts returned ,any amounts returned pursuant to subparagraph 7,b7 shall be available without further appropriation to the ,secretary for the purpose of carrying out the provisions of paragraph 7#a77;,b74 7e7 ,effect on existing laws1 etc 7#a7 ,more protective laws1 agreements1 programs1 and plans ,nothing in this title shall be construed to supersede any provision of any ,federal1 ,state1 or local law1 collective bargaining agreement1 or employment benefits program or plan that provides greater unemployment insurance benefits for victims of domestic violence1 dating violence1 sexual assault1 or stalking than the rights established under this title4 7#b7 ,less protective laws1 agreements1 programs1 and plans ,the rights established for victims of domestic violence1 dating violence1 sexual assault1 or stalking under this title shall not be diminished by any more restrictive ,state or local law1 collective bargaining agreement1 or employment benefits program or plan4 7f7 ,effective date 7#a7 ,unemployment amendments 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#b71 the amendments made by this section shall apply in the case of compensation paid for weeks beginning on or after the expiration of #ahj days from the date of enactment of this ,act4 7,b7 ,extension of effective date for ,state law amendment 7i7 ,in general ,if the ,secretary of ,labor identifies a ,state as requiring a change to its statutes1 regulations1 or policies in order to comply with the amendments made by this section 7excluding the amendment made by subsection 7c771 such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of-- 7,i7 the date the ,state changes its statutes1 regulations1 or policies in order to comply with such amendments2 or 7,,ii7 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 #be calendar days after such date2 except that in no case shall such amendments apply before the date that is #ahj days after the date of enactment of this ,act4 7ii7 ,session defined ,in this subparagraph1 the term session means a regular1 special1 budget1 or other session of a ,state legislature4 7#b7 ,,tanf amendment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amendment made by subsection 7c7 shall take effect on the date of enactment of this ,act4 7,b7 ,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 action 7including legislation1 regulation1 or other administrative action7 in order for the plan to meet the additional requirements imposed by the amendment made by subsection 7c71 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session is considered to be a separate regular session of the ,state legislature4 ,v ,victims of abuse insurance protection #eja4 ,short title ,this title may be cited as the ,victims of ,abuse ,insurance ,protection ,act4 #ejb4 ,definitions ,in this title1 the following definitions apply3 7#a7 ,abuse ,the term abuse means the occurrence of one or more of the following acts by a current or former household or family member1 intimate partner1 or caretaker3 7,a7 ,attempting to cause or causing another person bodily injury1 physical harm1 substantial emotional distress1 or psychological trauma4 7,b7 ,attempting to engage in or engaging in rape1 sexual assault1 or involuntary sexual intercourse4 7,c7 ,engaging in a course of conduct or repeatedly committing acts toward another person1 including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm4 7,d7 ,subjecting another person to false imprisonment or kidnaping4 7,e7 ,attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person4 7#b7 ,health carrier ,the term health carrier means a person that contracts or offers to contract on a risk-assuming basis to provide1 deliver1 arrange for1 pay for1 or reimburse any of the cost of health care services1 including a sickness and accident insurance company1 a health maintenance organization1 a nonprofit hospital and health service corporation1 or any other entity providing a plan of health insurance1 health benefits1 or health services4 7#c7 ,insured ,the term insured means a party named on a policy1 certificate1 or health benefit plan1 including an individual1 corporation1 partnership1 association1 unincorporated organization1 or any similar entity1 as the person with legal rights to the benefits provided by the policy1 certificate1 or health benefit plan4 ,for group insurance1 the term includes a person who is a beneficiary covered by a group policy1 certificate1 or health benefit plan4 ,for life insurance1 the term refers to the person whose life is covered under an insurance policy4 7#d7 ,insurer ,the term insurer means any person1 reciprocal exchange1 inter insurer1 ,lloyds insurer1 fraternal benefit society1 or other legal entity engaged in the business of insurance1 including agents1 brokers1 adjusters1 and third-party administrators4 ,the term includes employers who provide or make available employment benefits through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajb7c774 ,the term also includes health carriers1 health benefit plans1 and life1 disability1 and property and casualty insurers4 7#e7 ,policy ,the term policy means a contract of insurance1 certificate1 indemnity1 suretyship1 or annuity issued1 proposed for issuance1 or intended for issuance by an insurer1 including endorsements or riders to an insurance policy or contract4 7#f7 ,subject of abuse ,the term subject of abuse means-- 7,a7 a person against whom an act of abuse has been directed2 7,b7 a person who has prior or current injuries1 illnesses1 or disorders that resulted from abuse2 or 7,c7 a person who seeks1 may have sought1 or had reason to seek medical or psychological treatment for abuse1 protection1 court-ordered protection1 or shelter from abuse4 #ejc4 ,discriminatory acts prohibited 7a7 ,in general ,no insurer may1 directly or indirectly1 engage in any of the following acts or practices on the basis that the applicant or insured1 or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association1 is1 has been1 or may be the subject of abuse or has incurred or may incur abuse-related claims3 7#a7 ,denying1 refusing to issue1 renew1 or reissue1 or canceling or otherwise terminating an insurance policy or health benefit plan4 7#b7 ,restricting1 excluding1 or limiting insurance coverage for losses or denying a claim1 except as otherwise permitted or required by ,state laws relating to life insurance beneficiaries4 7#c7 ,adding a premium differential to any insurance policy or health benefit plan4 7b7 ,prohibition on limitation of claims ,no insurer may1 directly or indirectly1 deny or limit payment to an insured who is a subject of abuse if the claim for payment is a result of the abuse4 7c7 ,prohibition on termination 7#a7 ,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 divorced1 separated from1 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 #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 or section #dihj;,b of the ,internal ,revenue ,code of #aihf4 7#b7 ,payment of premiums ,nothing in paragraph 7#a7 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 carrier4 7#c7 ,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 #ah months if it offers conversion to an equivalent individual plan4 7#d7 ,continuation coverage ,the continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 or section #dihj;,b of the ,internal ,revenue ,code of #aihf 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 #f or section #dihj;,b4 7d7 ,use of information 7#a7 ,limitation 7,a7 ,in general ,in order to protect the safety and privacy of subjects of abuse1 no person employed by or contracting with an insurer or health benefit plan may 7without the consent of the subject7-- 7i7 use1 disclose1 or transfer information relating to abuse status1 acts of abuse1 abuse-related medical conditions1 or the applicant's or insured's status as a family member1 employer1 associate1 or person in a relationship with a subject of abuse for any purpose unrelated to the direct provision of health care services unless such use1 disclosure1 or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction2 or 7ii7 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 abuse1 unless such disclosure or transfer-- 7,i7 is required in order to provide insurance coverage2 and 7,,ii7 does not have the potential to endanger the safety of a subject of abuse4 7,b7 ,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 insurer4 7#b7 ,authority of subject of abuse ,a subject of abuse1 at the absolute discretion of the subject of abuse1 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-related4 ,nothing in this paragraph shall be construed as authorizing an insurer or health carrier to disregard such provided evidence4 #ejd4 ,insurance protocols for subjects of abuse ,insurers shall develop and adhere to written policies specifying procedures to be followed by employees1 contractors1 producers1 agents1 and brokers for the purpose of protecting the safety and privacy of a subject of abuse and otherwise implementing this title when taking an application1 investigating a claim1 or taking any other action relating to a policy or claim involving a subject of abuse4 #eje4 ,reasons for adverse actions ,an insurer that takes an action that adversely affects a subject of abuse1 shall advise the applicant or insured who is the subject of abuse of the specific reasons for the action in writing4 ,for purposes of this section1 reference to general underwriting practices or guidelines shall not constitute a specific reason4 #ejf4 ,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 policy1 and if-- 7#a7 the applicant or prospective owner of the policy lacks an insurable interest in the insured2 or 7#b7 the applicant or prospective owner of the policy is known1 on the basis of police or court records1 to have committed an act of abuse against the proposed insured4 #ejg4 ,subrogation without consent prohibited ,subrogation of claims resulting from abuse is prohibited without the informed consent of the subject of abuse4 #ejh4 ,enforcement 7a7 ,federal ,trade ,commission ,any act or practice prohibited by this title shall be treated as an unfair and deceptive act or practice pursuant to section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 and the ,federal ,trade ,commission shall enforce this title in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act were incorporated into and made a part of this title1 including issuing a cease and desist order granting any individual relief warranted under the circumstances1 including temporary1 preliminary1 and permanent injunctive relief and compensatory damages4 7b7 ,private cause of action 7#a7 ,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 jurisdiction4 7#b7 ,relief ,upon proof of such conduct by a preponderance of the evidence in an action described in paragraph 7#a71 the court may award appropriate relief1 including temporary1 preliminary1 and permanent injunctive relief and compensatory and punitive damages1 as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses4 7#c7 ,statutory damages ,with respect to compensatory damages in an action described in paragraph 7#a71 the aggrieved individual may elect1 at any time prior to the rendering of final judgment1 to recover in lieu of actual damages1 an award of statutory damages in the amount of #e1jjj for each violation4 #eji4 ,effective date ,this title shall apply with respect to any action taken after the date of enactment of this ,act4 ,,vi ,severability #fja4 ,severability ,if any provision of this ,act1 any amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of the provisions of this ,act1 the amendments made by this ,act1 and the application of such provisions or amendments to any person or circumstance shall not be affected4